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any newly discovered resources. A copy of the final report will be submitted to the South Coastal Information Center after approval by the City.
MM-GEO-1. Prior to project grading the project applicant shall retain a qualified paleontologist to review the proposed project area to determine the potential for paleontological resources to be encountered. If there is a potential for paleontological resources to occur, the pale ontologist shall identify the area(s) where these resources are expected to be present, and a qualified paleontological monitor shall be retained to monitor the initial cut in any areas that have the potential to contain paleontological resources.
MM-HAZ-1a. Prior to demolition activities on the project site, the Applicant shall submit verification to the City of Escondido Building Department that an asbestos survey has been conducted on any buildings that are to be demolished or removed from the project site. If asbestos is found, the Applicant shall follow all procedural requirements and regulations of to properly abate and dispose of all on -site asbestos- containing materials before general demolition activities commence.
MM-HAZ-1b. Prior to demolition a ctivities on the project site, the Applicant shall submit verification to the City of Escondido Building Department that a lead -based paint survey has been conducted at all existing buildings located on the project site. If lead -based paint is found, the a pplicant shall follow all OSHA procedural requirements and regulations for its proper removal and disposal before general demolition activities commence.
MM-HAZ-2. Prior to construction activities on the project site, the Applicant shall submit verification that the undocumented fill material placed in front of 2039 North Iris Lane has been removed or evaluated for the potential for contaminants. If contaminated, the soil must be removed and disposed of according to local and state regulations. If contaminated soil is identified, the applicant shall follow all procedural and regulatory requirements for its proper removal and disposal before general construction activities commence.
MM-N-1. If rock drill staging occurs within 160 feet of any occupied noise sensitive land uses, sound levels could exceed 75 dBA at property lines. A noise mitigation plan based upon the location of the construction equipment, topography and construction schedule shall be prepared by an acoustical consultant. The noise mitigation plan shall identify measures to reduce sound levels to below 75 dBA.
Such measures could include a temporary noise barrier along any property line where the impacts could occur. The proposed noise barrier shall be of solid non -gapping material to adequate ly reduce construction noise levels below the noise threshold of 75 dBA at the property lines. The noise mitigation plan shall determine the final height and location of a temporary barrier if one is necessary.] The mitigation plan may also identify locati on and timing restrictions on drilling equipment usage. The mitigation plan shall be submitted to the City for review and approval prior to initiation of rock drill staging activities within 160 feet of any occupied noise sensitive land use.
MM-TR-1a. The project shall implement CAPCOA reduction measure T -1 (Increase Residential Density).
MM-TR-1b. The project applicant shall pay the City of Escondido $67,500 for pedestrian improvements at the following five intersections to reduce VMT impacts:
• Intersection of Centre City Pkwy at Iris Lane (Install high -visibility crosswalks on each leg (4 crosswalks) and install pedestrian countdown timers on each corner (4 countdown timers). • Intersection of El Norte at South Iris Lane (Install high -visibility crosswa lks on each leg (4 crosswalks) and install pedestrian countdown timers on each corner (4 countdown timers). • Intersection of Broadway at Vista Ave (Install high-visibility crosswalks on each leg (4 crosswalks) and install pedestrian countdown timers on each corner (4 countdown timers). • Intersection of El Norte Parkway at Mountain View (Install pedestrian countdown timers on each corner (4 countdown timers).
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• Intersection of Country Club Lane at Broadway (Install high visibility crosswalk on north, south and east legs (3 crosswalks).
G. Specific Building Division Conditions:
1. Approval and subsequent development are subject to all conditions and requirements of the California Building Code and Building Division.
H. Specific Engineering Conditions of Approval:
GENERAL
1. The applicant shall provide the City Engineer with a Subdivision Guarantee and Title Report covering subject property.
2. The location of all existing on-site and adjacent utilities and storm drain facilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, arrangements for relocation of the conflicting utilities/facilities shall be made with the owner of the utility/facility prior to approval of the Grading Plans. This uti lity/facility relocation work shall be completed prior to issuance of Building Permits.
3. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all grading, drainage and private onsite improvement design, shall be submitted for review through the City’s virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklist. Landscaping Plans shall be prepared by a Landscape Architect and submitted with the second review of the Grading Plans.
4. As surety for the construction of required off -site and/or on -site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the developer with the City of Escondido prior to the approval of the Final Map and Grading Plan. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the project engineer. The Developer is required to provide a Cash Clean Up deposit for all grading, landscaping, private Improvements and onsite drainage improvements prior to approval of Grading Plans and i ssuance of Grading Permit.
This Cash Clean Up Deposit amount shall be 10% of the total cost of the project private improvements, drainage and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits.
All improvements shall be completed prior to issuance of a Certificate of Occupancy.
5. No Building Permits shall be issued for any construction within this Subdivision until the Final Subdivision Map is recorded and either:
a) All conditions of the Tentative Subdivision Map have been fulfilled: or b) Those conditions unfulfilled at the time of an application for Building Permits shall be secured and agreements executed in a form and manner satisfactory to the City Attorney and City Engineer.
6. If site conditions change adjacent to the proposed development prior to completion of the project, the developer will be responsible to modify his/her improvements to accommodate these changes.
The determination and extent of the modification shall be to the satisfaction of the City Engineer.
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7. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be determined by and corrected to the satisfaction of the City Engineer.
8. The Developer’s engineer shall submit to the Planning Division a copy of the Tentative Subdivision Map as presented to the Planning Commission and the City Council. The Tentative Subdivision Map will be signed by the Planning D ivision verifying that it is an accurate reproduction of the approved Tentative Subdivision Map and must be included in the first submittal for plan check to the Engineering Services Department.
STREET IMPROVEMENTS AND TRAFFIC
1. Public street and drainage improvements shall be constructed to City Standards as required by the Subdivision Ordinance and to the satisfaction of the City Engineer prior to first occupancy. Specific details, including final street improvement widths, right -of-way widths, concrete curb and gutters, curb returns and pedestrian ramps, drainage, lighting, etc. shall be to the satisfaction of the City Engineer.
2. Prior to first occupancy the developer shall construct street improvements, including but not limited to, concrete curb, gutter, sidewalk, street lights, street trees, paving and base on the following streets within and adjoining the project boundary:
STREET CLASSIFICATION
North Iris Lane Local Collector Street (62’/42’)
Robin Hill Lane (Private) Residential Street (44’/32’) See appropriate typical sections in the current Escondido Design Standards for additional details.
3. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements.
4. All on-site failing sections of asphalt driveway and concrete gutter must be repaired and/or replaced to the satisfaction of the City Engineer.
5. Access to this project from N. Iris Lane shall be per alley-type driveway in accordance with Escondido Standard Drawing No. G-5-E with a minimum throat width of 24 feet.
6. The major access entrance shall be designed per the approved Tentative Subdivision Map.
7. The address of each lot/dwelling unit shall either be painted on the curb or, where curbs are not available, posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the City Engineer.
8. All on-site roads, driveways, and parking areas shall be private. Typical sections and design details shall be to the satisfaction of the City Engineer and Community Development Director. The private street improvements shall include, but not be limited to, the construction of concrete curb, sidewalks, street lights, paving and base.
9. For North Iris Lane and Robin Hill Lane the sidewalk construction shall be contiguous to the curb in accordance with current Escondido Design Standards.
10. Final street improvements shall be to the satisfaction of the City Engineer and shall be based on City of Escondido standard drawing Figure 3.
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11. Plans for construction within any right-of-way or easement under a jurisdiction other than the City of Escondido will be subject to the review by both the City of Escondido and the other jurisdiction. The developer shall be responsible for securing all necessary permits from the appropriate agencies.
12. The developer will be required to provide a detailed detour and traffic control plan, for all construction within existing rights-of-way, to the satisfaction of the Traffic Engineer and the Field Engineer. This plan shall be approved prior to the issuance of an Encroachment Permit for construction within the public right-of-way.
13. The developer’s engineer shall prepare a complete signing and striping plan for all improved roadways. The developer’s contractor shall complete all necessary removal of existing striping and signage and shall install all new signing and striping per the approved plans and as directed by the Field Engineer.
14. The developer may be responsible for an overlay of North Iris Lane due to the many utility trenches necessary to serve this project. The determination of the extent of the overlay shall be to the satisfaction of the City Engineer.
15. Adequate horizontal sight distance shall be provided at all street intersections. Increased parkway widths, open space easements, and restrictions on landscaping shall be provided for adequate sight distance and subject to approval of the City Engineer.
16. The developer shall be required to construct an emergency access road through the project to the satisfaction of the City Engineer and City Fire Marshal.
17. The proposed street system shall be designed to align with other existing intersections to the satisfaction of the City Engineer.
18. The project shall be designed to comply with the maximum grade of intersecting streets of 6% per the Escondido Design Standards.
19. Pedestrian access routes shall be provided into the project to the satisfaction of the City Engineer.
20. Street lighting shall be required on all on -site private streets. It shall be the responsibility of the property owner’s association to adequately mainta in the street lighting system and such maintenance responsibility shall be clearly stated in the CC&Rs.
21. The developer shall be required to construct LED street lights in accordance with Escondido Standard Drawing No. E-1-E along North Iris Lane.
22. All gated entrances shall be designed and improved to the satisfaction of the City Engineer.
23. The developer shall install trash capture devices on existing storm drain inlets along the project’s frontage to the satisfaction of the City Engineer.
24. The project shall pay an in-lieu fee totaling $67,500.00 at the time the first grading plan is submitted to the Engineering Department for VMT mitigation measures identified in the transportation study for the project. This fee shall be adjusted to account for inflation at the time of the first submittal to the Engineering Department.
25. The project shall pay a fair -share contribution for the widening of North Iris Lane for approximately 280 linear feet Northeast of City Centre Parkway. The fair share amount is calculated at 6.5% and requires a fee of $10,075 and shall be paid with the first submittal of the grading plan to the Engineering Department. This fee shall be adjusted to account for inflation at the time of the first submittal to the Engineering Department.
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26. The project s hall pay a fair -share contribution for improvements to the intersection of City Centre Parkway and North Iris Lane which include modifying the signal operations and restriping the Westbound approach on North Iris Lane from a left and through right configur ation to a left and left through configuration. This fair share amount is calculated at 3.1% and requires a fee of $6,975 and shall be paid with the first submittal of the grading plan to the Engineering Services Division. This fee shall be adjusted to ac count for inflation at the time of the first submittal to the Engineering Department.
GRADING
1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department. The first submittal of the grading plan shall be accompanied by a digital copy of the preliminary soils and geotechnical report. The soils engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.
2. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The developer shall be responsible for maintaining all erosion control facilities throughout the project.
3. Cut slope setbacks shall be of sufficient width to allow for construction of all necessary screen walls and/or brow ditches.
4. The developer shall be responsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.
5. A Construction General Permit is required from the State Water Resources Control Board for all storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of one or more acres.
6. Lot drainage shall meet the requirements of current Escondido Design Standards, to the satisfaction of the City Engineer, and shall include the construction of necessary brow ditches.
7. The developer will be required to obtain permission from adjoining property owners for any off -site grading and slopes necessary to construct the project and/or the required improvements.
8. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.
9. All proposed retaining walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be s hown on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in their report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by the Regional or City Standard Drawings. The cost of any independent third-party review deemed necessary by the City Engineer shall be reimbursed by the developer. Retaining walls or deepened footings that are to be constructed as part of building structure will be permitted as part of the Building Department plan review and permit process.
10. Trash enclosures shall be constructed to comply with storm water quality management requirements to the satisfaction of the City Engineer.
DRAINAGE
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1. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a drainage study to be prepared by the Engineer of Work. The drainage study shall be in conformance with the City of Escondido Design Standards.
2. All on-site storm drains not in public easements are private. The responsibility for maintenance of these storm drains shall be that of the property owner’s association. Provisions stating this shall be included in the CC&Rs.
3. The project shall limit drainage flows to their pre-construction rates. Details and calculations for the detention basin and any other post constru ction BMP’s shall be submitted and approved as part of the grading plan check.
4. A Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepared for all newly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include hydro-modification calculations, treatment calculations, post -construction storm water treatment measures, and maintenance requirements.
5. All site drainage with emphasis on the roadway, parking, and driveway areas shall be treated to remove expected contaminants using a high efficiency non -mechanical method of treatment. T he City highly encourages the use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.
6. Site Design and Source Control Best Management Practices (BMPs) shall be implemented to the maximum extent practicable. Downspouts from buildings shall be directed to landscaping to allow the infiltration of runoff into the ground. Where feasible, runoff from the hardscape areas shall be directed to landscaped areas to allow infiltration into the ground.
7. The developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.
WATER SUPPLY
1. This project is located within the Rincon Del Diablo Municipal Water District. It will be the developer’s responsibility to make arrangements with the Rincon District as may be necessary to provide water service for domestic use and fire protection. The developer shall provide evidence of such arrangements prior to issuance of the grading permit or recordation of the Final Map, to the satisfaction of the City Engineer. The City of Escondido and the Rincon Del Diablo Municipal Water District will sign approval of the improvement plans with respect to the water mains.
SEWER
1. The Developer is required at their sole expense to design and construct an 8-inch public sewer main. The 8-inch sewer main shall connect to the existing 10-inch sewer main in North Iris Lane and shall continue up Streets B, C, D and H. A minimum 20-foot Public Utility easement shall be provided for the public sewer mains. There shall be no permanent structures allowed within the Public Utility easement.
2. Private 6-inch PVC sewer laterals shall connect to the public sewer main and shall be shown on the improvement and grading plans.
3. All sewer laterals shall be constructed per current City of Escondido Design Standards and the current Uniform Plumbing Code.
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4. No trees or deep-rooted bushes shall be planted within 15-feet of any sewer main or within 10-feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities and 10-feet clear from water mains.
5. All sewer laterals shall be considered a private sewer system. The Home Owners Association shall be responsible for all maintenance of sewer laterals to the public sewer main.
6. All sewer mains, laterals and appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.
7. The project design shall be such that all existing or new sewer manholes are accessible at all times by City vactor trucks for maintenance.
8. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.
LANDSCAPE
1. A site landscaping and irrigation plan shall be submitted to the Engineering Department with the second submittal of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees in effect at the time of the submittal.
2. Permanent landscaping shall be installed along the project frontage and all areas disturbed by the project (including offsite areas). The landscaping, inclu ding storm water treatment BMPs, shall be maintained by Home Owners Association. Provisions stating this shall be included in the CC&Rs.
FINAL MAP - EASEMENTS AND DEDICATIONS
1. The developer shall make all necessary dedications (or, if appropriate, offer of dedications) for public rights-of-way on the following streets contiguous to the project to bring the roadways to the indicated classification.
STREET CLASSIFICATION
North Iris Lane Local Collector Street (62’/42’)
2. All easements, both private and public, affecting subject property shall be shown and delineated on the Final Map.
3. Necessary public utility easements for sewer, water, storm drain, etc. shall be granted to the City on the Final Map. The minimum easement width is 20 feet. Easements with additional utilities shall be increased accordingly.
4. A public sewer easement shall be dedicated over the private streets.
5. An emergency access easement shall be granted to the City on the Final Map. The minimum width of the easement shall be 24 feet and to the satisfaction of the City Engineer and Fire Marshal.
6. The developer is responsible for making the arrangements to quitclaim all easements of record which conflict with the proposed development prior to approval of the Final Map. All street vacations shall be accomplished by means of a separate public hearing if required. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval Resolution No. 2023-04
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of the Final Map. Building permits will not be issued until all conflicting easements are resolved, nor will any securities be released until the existing easements are quitclaimed.
REPAYMENTS AND FEES
1. A cash security shall be posted to pay any costs incurred by the City to clean -up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the developer until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, drainage, landscaping, and best management practices items of work with a minimum of $5,000 up to a maximum of $50,000, unless a higher amount is deemed necessary by the City Engineer.
2. The developer shall be required to pay all development fees of the City in effect at the time and in such amounts as may prevail when building permits are issued.
CC&Rs
1. Copies of the CC&Rs shall be submitted to the Engineering Services Division and Planning Division for approval prior to approval of the Final Map.
2. The developer shall make provisions in the CC&Rs for maintenance by the homeowners’ association of private roadways, driveways, parking areas, private utilities (including sewer and water), drainage swales, private street lighting, private storm drains, landscaping and any common open spaces.
These provisions must be approved by the Engineering Department prio r to approval of the Final Map.
3. The CC&Rs must state that the property owners’ association assumes liability for damage and repair to City utilities in the event that damage is caused by the property owners’ association when repair or replacement of private utilities is done.
4. The CC&Rs shall reference the recorded Storm Water Control Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.
UTILITY UNDERGROUNDING AND RELOCATION
1. All existing overhead utiliti es within the subdivision boundary or along fronting streets shall be relocated underground as required by the Subdivision Ordinance.
2. The developer shall sign a written agreement stating that he has made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding. All new utilities shall be constructed underground.
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EXHIBIT “F”
General Plan Amendment
Resolution No. 2023-04
(North Iris Condominium Project)
APNs 224-310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224-310-20-00 Change General Plan Map from Suburban (S) to Urban III (U3) for subject site Amend General Plan land-use for
Project Site from Suburban (S) to
Urban III (U3)
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STAFF REPORT
January 11, 2023
File Number 0697-20
SUBJECT
SHORT-FORM RENT INCREASE APPLICATION FOR GREENCREST MOBILEHOME PARK (FILE NO. 0697- 20-10314)
DEPARTMENT
Development Services; Housing & Neighborhood Services Division
OPTIONS
1) Review and Approve Greencrest Mobilehome Park short-form application and adopt Rent Review Board Resolution No. RRB 2023-01.
2) Find a violation of City’s Mobilehome Rent Review Board Guidelines, deny the short-form application, and prohibit Greencrest Mobilehome Park from filing a short-form application for five years.
Staff Recommendation: Approval of Application (Development Services: Andrew Firestine, Director of Development Services)
Presenter: Eric Bunge, Management Analyst
FISCAL ANALYSIS
Staff time and resources were expended to process the short-form application. Staff reviewed the application, evaluated the mobilehome park for code violations and conducted public outreach with the affected park residents, park manager and owners. No additional fiscal impact was incurred by the City.
HISTORY OF PROPOSITION K
On June 8, 1988, the Escondido residents voted to approve Proposition K to enact Mobilehome Rent Control in the City of Escondido (“City”). Under Proposition K, if a park owner wants to increase the rent on a mobilehome rent control space, they must file an application with the City and obtain approval from the Mobilehome Park Rent Review Board (“Board”). This Board is an independent body comprised of the City of Escondido Councilmembers.
In 1997, the Board adopted changes to the Mobilehome Rent Review Board Guidelines (“Guidelines”) to allow for the acceptance of a “short-form” application . The short -form is an abbreviated and less administrative burdensome application process for park owners and City staff. A park owner can request 367
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a rent increase based solely on the change in the San Diego Metropolitan Area ’s Consumer Price Index (“CPI”), All Items/All Urban Consumers component, since the last increase was granted by the Board. The requested increase may not exceed ninety percent (90%) of the increase in CPI since the last application was granted by the Board, or 8% of the current rent, w hichever is less, subject to a two-year limit. Park owners are allowed to apply one-year from the date the last application was submitted.
On June 24, 2020, the Board amended the Guidelines to increase the allowable CPI measurement from 75% to 90% and added vacancy control protections to limit how much a rent-controlled space could be increased upon an in-place transfer or sale.1 The previous Guidelines allowed an in-place transfer to be increased to market value. Under the amended Guidelines, space rent may be increased to market rate when a park owner also owns the mobilehome or no mobilehome sits on a space. Mobilehome residents, park owners, and City staff came together to negotiate this amendment and the Board approved these changes in Board Resolution 2020-04R. Park owners agreed to not use the short-form application for five years if it was determined that the park owner increased space rent beyond the levels provided in Subsection M.
New state legislation Assembly Bill 2782 was passed on August 21, 2020 and the new law (California Civil Code Sections 798.17(i) – (k)) went into effect on January 1, 2021. The new law removes the exemption to local rent control for long term leases entered into after February 13, 2020. It also provides that on January 1, 2025, all exemptions to rent c ontrol for long-term leases are repealed, so that all long -term leases, regardless of the date they were entered into, will be subject to local rent control. This new law was adopted after the 2020 Guidelines were amended and is not explicitly stated in the Mobilehome Rent Review Board Guidelines, but the City must adhere to State law which supersedes any local guidelines.
BACKGROUND
Greencrest Mobilehome Park (“Park”) is an all -age park located at 541 W 15th Ave nue. The Park ha s a total of 129 spaces of which 69 spaces are subject to rent control. The Park is requesting an increase for the 69 spaces. The amenities available for the residents include a clubhouse, pool, playground, and laundry facilities.
The Park submitted a short-form application on August 3, 2021, but was found ineligible on September 2, 2021, on the grounds that the Park violated the amended Guidelines by increasing one space above the 8% in-place vacancy control passed in June 2020. Specifically, Space 9, an in -place transfer, went from $335.62 to $574.45 (71% increase ) without prior Board approval . City staff made this determination internally as part of the application intake process. Upon further review of the circumstances relating to the increase and the Park’s understanding of the new amended Guidelines, City staff reached out to the
1 In-place transfer means the transfer of ownership of a mobilehome with the mobilehome remaining on the mobilehome lot following the transfer.
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Park’s management company, Thompson Properties , to invite them to submit a new short-form application to allow for the Board’s review of the application.
The Park thereafter submitted a short -form application on September 28, 2022 (Attachment “1”). City staff reviewed the application and requested space rental information on long-term leases that were not included in the initial application. The Park complied and City staff identified two spaces, 4 and 61, which were long-term leases signed after February 13, 2020, and therefore not exempt from local rent control.
Staff notified the Park of the two long-term leases in violation of AB 2782 and the Park began to correct the error. City staff reviewed the application and deemed the application to be complete on November 7, 2022. Upon further review of the application, the additional space that was found to be in violation of the Guidelines, space 9, was considered. City staff inquired about the rent increase and Park management acknowledged the mistake and has informed staff that they are taking corrective action to rectify them.
City staff mailed a letter on November 23, 2022, notifying the affected Park residents of the application, proposed rent increase, upcoming residential meeting, and public hearing date (Attachment “2”).
The Park’s short-form application was available for review at the Park’s office, Housing & Neighborhood Services Division’s counter at City Hall , and the City’s website. City staff elected t o post the application online on the Housing & Neighborhood’s website to promote transparency and remove potential barriers to access.
Housing & Neighborhood Services and Code Compliance staff facilitated an onsite meeting for the affected residents on December 1 , 2022 at 6:0 0 p.m. Code Compliance was present to answer any questions and conducted a lighting inspection.
City staff delivered a notice to residents on December 28, 2022, informing them of the January 11, 2022 City Council Meeting (Attachment “3”).
THE RENT INCREASE APPLICATION
Although the application appears to be out-of-compliance with the Guidelines due to the non-approved rent increases, City staff recognizes this is the first application submitted since the adoption of 8% vacancy control rule and AB 2782 which changed long -standing law exempting long -term leases from local rent control laws. City staff identified the errors in rent charged and notified the Park management company who has represented that they are taking corrective action. For space 9 , the tenant was retroactively credited the overpayments and readjusted appropriate rent payment. Spaces 4 and 61 are subject to rent control per the date the leases were signed and park management has informed staff that it will contact both tenants to refund payments. Therefore, staff is recommending the approval of the application.
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PARK OWNER’S REQUEST
The Park is requesting an increase of 8%. According to Section 12(D) of the Guidelines, the requested increase may not exceed ninety percent (90%) of the increase in CPI since the last increase granted by the Board, or 8% of the current rent, whichever is less, subject to the two-year limit in Guidelines Section J.
Ninety percent of the CPI calculation for the period of Dec 30, 2020, through June 30, 2022 , was 10% so the 8% cap was chosen. The average monthly rent for the residents affected by this application is $512.05.
The average monthly in crease requested for the 69 spaces is $ 39.04 per space, per month. The last increase for the Park was approved in December 2019 for 2.087%, which amounted to an average increase of $9.88 per space, per month.
RESIDENT MEETING AND COMMENTS
Individual letters were sent to each affected resident on November 23 , 2022, notifying them of the application and the hearing date. The notice included information about a resident meeting scheduled at the Park’s clubhouse on December 1, 2022 at 6 p.m. Two residents were present and expressed to City staff some safety issues which included a broken light within the Park, concern that there is no street lighting around the Park, and their desire for security to roam the Park. One resident expressed concern of the two-year time period of consideration of CPI, however City staff stated it was allowed under the Guidelines. No Resident Representative was selected for the Park.
The Park offers a rent subsidy program for residents who are having difficulty paying their ren t.
Management outlined the parameters and indicated that residents need to apply for the Section 8 waitlist, fill out an application for the program at the office , and show proof of current income to qualify (Attachment “4”).
CODE COMPLIANCE INSPECTION
An inspection of the common areas was conducted on December 12, 2022 (Attachment “5”). There were no general Park violations in the common areas and one lighting violation found during the lighting inspection on December 1, 2022 . The lighting violation was corrected and all violation were cleared on December 19, 2022 (Attachment “6”).
ADDITIONAL FACTORS AFFECTING THE APPLICATION AND INCREASE In conformance with the Guidelines, the decision of the Board will be finalized by adoption of the Resolution confirming the findings of the Public Hearing. The Notice of Determination will be mailed to the Park applicant and residents immediately upon adoption of the Resolution. Park ow ners and management must give a 90-day notice of any rent increase to affected residents upon the adoption of the Resolution.
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RESOLUTION:
a. Resolution No. RRB-2023-01
ATTACHMENTS
a. Attachment “1” – Greencrest Park Application
b. Attachment “2” – Resident Short-Form Letter Notification c. Attachment “3” – 10-Day Public Hearing Notice
d. Attachment “4” – Rental Assistance Program
e. Attachment “5” – Code Compliance Inspection
f. Attachment “6” – Code Compliance Letter Clearing Violation
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RESOLUTION NO. RRB-2023-01
A RESOLUTION OF THE CITY COUNCIL/ MOBILEHOME
RENT REVIEW BOARD OF THE CITY OF ESCONDIDO,
CALIFORNIA AUTHORIZING A RENT INCREASE FOR
GREENCREST MOBILEHOME PARK
(File Number: 0697-20-10314)
WHEREAS, Article V of Chapter 29 of the Escondido Municipal Code is a codification of the Escondido Mobilehome Rent Protection Ordinance ("Ordinance") and provides for mobilehome space rent regulation; and
WHEREAS, the City of Escondido Mobilehome Park Rental Review Board ("Board") is charged with the responsibility of considering applications for rent increases; and WHEREAS, a short-form rent increase application pursuant to Section 12 of the Rent Review Board Guidelines was filed on September 28, 20 22 (“Application”) by Greencrest LLC, the owner of the rental spaces in Greencrest Mobilehome Park (“Park”) is an all -age Park located at 541 W 15th Avenue, Escondido. The Application was deemed complete by City staff on November 7, 2022: and WHEREAS, this is the nineteenth rent increase application filed by the Park since the Ordinance became effective in 1988. The last rent increase was granted by Board Resolution No. RRB 2019-05 on December 18, 2019, for an increase of 2.087% which amounted to an average increase of $9.88 per space, per month; and
WHEREAS, the Application stated the average monthly rent per affected space was $512.05 for the 69 spaces requested for a rent increase. The Park requested an increase of 8%. The Application estimated this amount to be an average of $39.04 (8%) per space, per month; and WHEREAS, a notice of the Park's application was mailed to all affected homeowners on December 28, 2022. Notice of the time, date, and place of the rent hearing before the Board was mailed to the Park and to all affected tenants on January 11, 2023; and 372
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WHEREAS, on December 1 and December 12, a Mobilehome Park Rent Review Code Compliance Inspection Report ("Inspection Report") was completed. The Inspection Report noted one park lighting violation; and
WHEREAS, on December 19, 2023 Code Compliance completed a reinspection and all violations were cleared; and
WHEREAS, on January 11, 2023, the Board held its public hearing. After an initial staff presentation, the Board invited testimony from Park ownership, the Resident Representative , and other residents of the community at large; and
WHEREAS, after all present had been given an opportunity to speak, the hearing was closed.
Following an opportunity for discussio n among the Board members, and clarifying questions to the parties and staff, the Board voted to grant an average rent increase of $39.04 per space, per month, for the 69 spaces.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California as follows:
1. That the above recitations are true.
2. That the City Council finds that the Greencrest Mobilehome Park short-form application increase is consistent with the Guidelines, and approves the rent increase Application submitted by Greencrest LLC.
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Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841 Fax: 760-839-4313
Re: Short-form Rent Increase Application Submitted by Greencrest MHP Dear Resident:
A short-form application for a rent increase for your Park has been received and determined to be complete. Under the City’s “Short-form” Guidelines, a park owner may request an increase for up to 90% of the change in CPI since the last increase, not to exceed the past two-year period, or an 8% cap whichever is the lesser. The Board will presume that this amount is a fair request unless residents from a majority of the spaces in the park that are subject to rent control appear at a hearing to present reasons why the increase should not be granted.
This letter is to inform you about:
1) RESIDENT MEETING
• Date = Thursday, December 1st at 6pm
• Location = Park Clubhouse
• Purpose = To discuss the short-form hearing process, answer any questions, and select a resident representative.
2) RENT REVIEW BOARD HEARING
• Date = January 11th, 2022 at 5 p.m.,
• Location = City Council Chambers, 201 North Broadway, Escondido 3) HOW THIS MAY IMPACT YOU
• The park is requesting an ___8%____increase
• The park owner may apply the lesser of 8% or 90% of the change in CPI for the period Dec 30, 2020, through June 30, 2022 (which is 10%).
• Findings = City staff has reviewed the short-form application and determined that space #55 rent was increased over the 8% in-place transfer cap. Rents for spaces #4 and #61 incurred an increase in violation of the new CA Civil Code Section 798.17. This states that any long-term leases recorded into after February 13, 2020 are now subject to rent control. City staff have been in touch with park management and they have been proactively working to correct these errors.
• Average Increase Per Space = $__39.04____
• Average Space Rent = $__512.05_____
4) WHERE TO RECEIVE MORE INFORMATION
• Attend the resident meeting on December 1st
• The application is available on the city’s website, at your park’s office and at the Housing Division counter at City Hall during normal business hours. • Contact Eric Bunge at (760) 839-4562 or [email protected] Sincerely,
Eric Bunge
Housing Management Analyst
Attachment "2"
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CITY OF ESCONDIDO
Mobilehome Rent Control Administration
201 North Broadway
Escondido, CA 92025-2798
(760) 839-4562
RESIDENT NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Escondido, sitting as the Mobilehome Rent Review Board, will hold a public hearing to consider the following item:
The rental increase application submitted by:
Greencrest Mobilehome Park, 541 W 15th Ave, Escondido, CA 92027.
A copy of the application is available for review at Greencrest Park Office, Housing Division at City Hall, 201 N.
Broadway, Escondido, CA 92025, and the City’s website. A copy of the staff report will be available at the Housing Division counter five days prior to the hearing date.
A hearing to determine whether or not a rent increase will be granted has been scheduled before the Rent Review Board on January 11, 2023, at 5 p.m. in the City Council Chambers, 201 N. Broadway, Escondido, CA 92025. This will be an in-person meeting and additional safety protocols may be in place. If you are protesting the short -form application, you should register in the foyer prior to the opening of the public hearing. The purpose of the hearing is for the Rent Review Board to obtain input from the owner and tenants about why an increase should, or should not be, granted. The Rent Review Board is neither required to grant an increase, nor is it allowed to grant a decrease in the current rent.
If you challenge the decision of the Board in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Rent Review Board at or prior to the public hearing.
The hearing is the time and place for you to express your opinion about the rent increase request. If you desire, you may also submit information in writing to Mobilehome Rent Control Administration in the Housing Division.
Written information will be included in the reading file of the Rent Review Board (City Council) prior to the hearing.
At the hearing, the Rent Review Board may make a determination about the rent increase or they may request additional information from the owner a nd/or tenants before they make a decision. If additional information is requested, a new hearing will be scheduled. If an increase is granted, the owner must notify you in writing of the amount of the increase at least 90 days before the increase goes into effect.
Sincerely,
Eric Bunge
Housing Management Analyst
Attachment "3"
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STAFF REPORT
January 11, 2023
File Number 0670-30
SUBJECT
CONSIDERATION OF RECREATIONAL VEHICLE PARKING REGULATIONS
DEPARTMENT
City Attorney
RECOMMENDATION
Request the City Council adopt Ordinance No. 2023-02, amending Escondido Municipal Code section 28- 142 to regulate recreational vehicle (“RV”) parking.
Staff Recommendation: Approval (City Attorney: Michael R. McGuinness, City Attorney) Presenter: Gary J. McCarthy, Assistant City Attorney
FISCAL ANALYSIS
Adoption of Ordinance No. 2023 -02 will require the ordering and installation of signs at all entrances to the City of Escondido (“City”) providing the statutorily required notice to enforce the new RV parking regulations under state law . The estimated cost for the sign installation is $10,000. The Police Department Operating Budget requires no change to address enforcement costs.
PREVIOUS ACTION
The City Council originally adopted Chapter 28 of the Escondido Municipal Code (“EMC”) in 1972. On August 4, 2016, the Transportation and Community Safety Commission approved amendments to EMC section 28 -142. On March 8, 2017, the City Council adopted Ordinance No. 2017 -04 amending EMC section 28-142.
On November 16, 2022, the City Council adopted Resolution No. 2022 -176, delegating authority to the City Manager to study, establish and post parking regulations and signage at all municipally owned parking lots.
BACKGROUND
City staff regularly receive complaints regarding long term RV parking on City streets and property, trash and debris left by RV owners (including hypodermic needles), and human waste under or near RVs. For example, on two occasions in recent months, City staff responded to clean up sewage spills from an RV on Pine Avenue. In August, the owner could not move his RV and called a tow truck to move the RV 20 396
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feet to allow City staff access to clean up the spill site. City records show the same RV experienced a sewage leak in February 2022, but under a different owner. Between August and November 2022, the vehicle owner remained in the general area and used a five-gallon plastic bucket, provided by City staff, to collect the human waste leaking from the RV’s holding tank. City staff does not know where the owner discarded the waste from the bucket. During the initial August response, City staff observed one RV near the Pine Avenue spill site. During the second spill response from the same RV, staff observed two RVs near the spill site. In December, the number of RVs near the spill site grew to four.
RVs parked on City streets have negatively affected traffic safety and quality of life for those who live and work in Escondido. Traffic safety impacts of RVs parked or stored on city streets include:
Impaired visibility of pedestrians for drivers;
Impaired access to driveways and cross traffic on narrow residential streets; and Impaired sight distance for drivers and pedestrians when RVs are parked close to an intersection or on a curve.
Quality of life impacts of RVs parked or stored on city streets include:
Illegal discharge of wastewater onto streets or the storm water system; Trash or litter left by the RV owners; and
Reduced on street parking for regular-sized vehicles for residents and business customers.
Ordinance 2023-02
California Vehicle Code section 22507 authorizes local authorities to restrict the parking of certain vehicles on certain streets during all or certain hours of the day, including designating certain streets upon which preferential parking privileges are given to residents adjacent to streets for their use and enjoyment.
The cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Imperial Beach, National City, Oceanside, San Diego, San Marcos, Santee Solana Beach and Vista all have parking regulations prohibiting or restricting the parking of RVs, oversized vehicles and/or trailers on public streets.
Regulating the parking of RVs on city streets benefits and promotes the health, safety and general welfare of the community by preserving the residential character of neighborhoods and preserving the commercial character of business areas. These restrictions will also aid in reducing and preventing the illegal discharge of wastewater from RVs into our storm water systems and preventing the illegal disposal of trash on streets. Additional benefits as it relates to pedestrian and traffic safety include enhanced visibility and sight distance for motorists, pedestrians and bicyclists, and improved access to d riveways and on-street parking for residents and business patrons. 397
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The proposed ordinance is a CityWide RV parking restriction on highways, streets, alleys, public ways, public places or City parking lots with certain specified exceptions including:
1. One 24-hour period per month within 100 yards of the address listed on the RV’s Department of Motor Vehicle registration (State law require s vehicle owners to update vehicle registration address within ten days of a move);
2. In City parking lots posted as authorizing recreational vehicle parking (The City Manager monitors and regulates by signage and enforcement the usage of all City parking lots to ensure that City parking lots are used to their highest and best use for the benefit of local businesses and customers and as otherwise required by law);
3. If an RV belongs to a federal, state, or local agency;
4. During a proclaimed City emergency at the discretion of the Director of Emergency Services; and
5. When the City issues a special event permit authorizing RV parking in designated areas of the City.
The ordinance authorizes the police department to tow and impound an RV after a single violation. A violation of the ordinance is an infraction, however, a third or more violation within a year may be charged as a misdemeanor.
RV Parking Options
The EMC currently allows RV parking on residential private property (EMC § 33-550 et seq.) and in travel trailer parks (EMC § 33-890 et seq.) such as the Escondido RV Resort. RV parking is also available at Dixon Lake Campground, and multiple other travel trailer parks throughout the County of San Diego. Moreover, allowing for City parking lots to be posted as exempt from the prohibition provides the ability to create additional alternate parking as needed.
Implementation
The Escondido Police Department will enforce this ordinance in a fair and equitable manner. When appropriate, for example during the initial implementation, officers will emphasize education or use their discretion to issue a warning. Additionally, the City’s RV restrictions will not apply until the City places signs at all entrances to the City.
To make it clear that the restrictions apply to all city streets, Escondido’s sign content will read:
NO PARKING
ANY RECREATIONAL VEHICLES
ON ALL CITY STREETS & CITY PARKING LOTS
UNLESS POSTED SIGNS AUTHORIZE PARKING
VIOLATORS SUBJECT TO CITATION AND/OR
TOWING AT OWNER’S EXPENSE
EMC 28-142
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Upon approval by the City Council , staff will order the signs and materials, and obtain Caltrans’ right of way permits as may be needed. Installation of approximately 58 signs will take approximately six weeks.
Staff will conduct community outreach in both English and Spanish by providing notice of the new RV parking regulations through the City’s websites and social media accounts, the City Manager’s Weekly Activity Report and news releases . Staff expects enforcement of the ordinance will begin after April 1, 2023.
ORDINANCES
b. Ordinance No. 2023-02 (First Reading and Introduction)
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ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING ESCONDIDO
MUNICIPAL CODE SECTION 28-142, TO REGULATE
RECREATIONAL VEHICLE PARKING.
WHEREAS, the parking or storing of recreational vehicles, whether motorized or towed, on city streets can negatively affect traffic safety and quality of life for those who live and work in Escondido; and WHEREAS, traffic safety impacts of recreational vehicles parked or stored on city streets include impaired visibility of pedestrians for drivers, impaired access to driveways and cross traffic on narrow residential streets, and impaired sight distance for drivers and pedestrians if the recreational vehicle is parked close to an intersection or on a curve; and
WHEREAS, quality-of-life impacts of recreational vehicles parked or stored on city streets include illegal discharge of wastewater onto streets or the storm water system, trash or litter left by the recreational vehicle owners, and reduced on -street parking for passenger vehicles for residents and business customers; and
WHEREAS, allowing recreational vehicles to park on city streets for one 24-hour period per month within 100 yards of the address listed on the recreational vehicle’s Department of Motor Vehicle registration balances the needs of recreational vehicle owners in the City with other users of public streets; and
WHEREAS, pursuant to California Vehicle Code section 4160, any registered owner of a vehicle who moves or acquires a new address different from the address shown upon the registration card issued for the vehicle shall within 10 days change the address on the registration card; and WHEREAS, allowing for city parking lots to be posted as exempt from the prohibition gives the ability to create additional alternate parking as needed; and 400
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WHEREAS, Resolution No. 2022 -176 delegates authority to the City Manager to monitor and regulate by signage and enforcement the usage of all city parking lots to ensure that the city parking lots are used to their highest and best use for the benefit of local businesses and customers and as otherwise required by law; and
WHEREAS, Chapter 33, Article 25 of the Escondido Municipal Code regulates the parking of recreational vehicles in residential zones when not within completely enclosed structures, permitting such parking in the residential agriculture (R -A), residential estates (R -E), and single -family residential (R -1) zones, and on a property developed with a single-family residence in the multifamily zones (R-2, R-3 and R-4) subject to specific development standards; and
WHEREAS, Escondido offers recreational vehicle parking in the Dixon Lake Campground; and WHEREAS, there is a permitted and licensed travel trailer park renting space to recreational vehicles within Escondido boundaries; and
WHEREAS, there are multiple travel trailer parks renting space to recreational vehicles throughout the County of San Diego; and
WHEREAS, the availability of alternate recreational vehicle parking balances the needs of all recreational vehicle owners with all City residents and other users of public streets; and WHEREAS, California Vehicle Code section 22507 authorizes local authorities, by resolution or by ordinance, to restrict the parking of certain vehicles on certain streets during all or certain hours of the day, including designating certain streets upon which preferential parking privileges are given to residents adjacent to streets for their use and enjoyment; and
WHEREAS, pursuant to California Vehicle Code section 22507, such a parking restriction shall not apply until signs or markings giving adequate notice thereof are placed; and 401
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WHEREAS, pursuant to California Vehicle Code section 22507, a resolution or ordinance adopted pursuant to this section may contain provisions that a re reasonable and necessary to ensure the effectiveness of the parking restriction; and
WHEREAS, Escondido Police Department Instruction 4.2 establishes policy for vehicle impounds if authorized under the authority of the California Vehicle Code; and WHEREAS, pursuant to California Vehicle Code section 22651(n), a peace officer may remove a vehicle located within their jurisdiction if a vehicle is parked or left standing where a local authority, by resolution or ordinance, prohibited parking and authorized the removal of vehicles; and WHEREAS, prohibiting the parking or storing of recreational vehicles on city streets promotes the health, safety and general welfare of the community by preserving the residential character of neighborhoods, preserving the comm ercial character of business areas, preventing the illegal discharge of wastewater from recreational vehicles into storm water systems, preventing the illegal disposal of trash on streets or easements, and preventing traffic safety problems associated with recreational vehicles parking or being stored on city streets such as impaired visibility for drivers and pedestrians or impaired access to driveways.
NOW THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:
1. That the above recitations are true.
2. That Escondido Municipal Code section 28-142, no parking, stopping and standing, is hereby amended to add subsections (d) through (g) as follows:
(d) No person shall stop, park, or leave standing any recreational veh icle at any time upon any highway, street, alley, public way, public place, or city parking lot in the City except:
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(1) Any recreational vehicle for one 24-hour period per month, provided that the recreational vehicle is parked within 100 yards of the address to which it is registered with the California Department of Motor Vehicles;
(2) Any recreational vehicle in a city parking lot where a sign is posted authorizing recreational vehicle parking;
(3) Any recreational vehicle belonging to federal, state, or local agencies; (4) As part of a proclamation of a local emergency issued pursuant to Chapter 7 of this Code, the Director of Emergency Services may suspend subsection (d). Th e suspension shall expire upon the termination of the local state of emergency unless an earlier time for expiration is provided in the proclamation of local emergency; and
(5) Where a City issued special event permit authorizes recreational vehicle parking in designated areas in the City.
(e) For the purposes of subsection (d), the term “recreational vehicle,” includes, but is not limited to, the following:
(1) Recreation vehicles as defined in Health and Safety Code section 18010; (2) Camp trailers as defined in Vehicle Code section 242; (3) Fifth-wheel travel trailers as defined in Vehicle Code section 324; (4) House cars as defined in Vehicle Code section 362; and (5) Trailer coaches as defined in Vehicle Code section 635. (f) Any recreational ve hicle stopped, parked or left standing in violation of subsection (d) may be removed and impounded at the owner’s expense subject to the requirements of Vehicle Code section s 22650 et seq.
(g) A third or more violation of subsection (d) within a twelve (12 ) month period may be charged as a misdemeanor.
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3. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
4. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
5. That the City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 404
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STAFF REPORT
January 11, 2023
File Number 1305-05
SUBJECT
SELECTION OF CLEAN ENERGY ALLIANCE DEFAULT ENERGY SUPPLY OPTION FOR CITY OF ESCONDIDO
ELECTRICITY CUSTOMERS
DEPARTMENT
City Manager’s Office
RECOMMENDATION
Request the City Council adopt Resolution No. 2023-09 selecting “Clean Impact Plus – 50% Renewable / 75% Carbon Free Energy” as the Clean Energy Alliance ( “CEA”) Default Energy Supply Option. Staff recommend this option because it provides the best combination of value to the customer and advancement of the goals of the City’s Climate Action Plan. The City Council may, at its discretion, chose either of the other supply options (“Clean Impact” or “Green Impact”) as the default option for the City of Escondido.
Staff Recommendation: Approval (City Manager’s Office: Christopher W. McKinney) Presenter: Christopher W. McKinney, Deputy City Manager / Director of Utilities
FISCAL ANALYSIS
The CEA offers three different energy supply options: (1) Clean Impact – 50% Renewable Energy; (2) Clean Impact Plus – 50% Renewable / 75% Carbon Free Energy; and (3) Green Impact – 100% Renewable.
The charts on the following page compare typical total energy bills for residential customers (Table 1) and small commercial customers (Table 2). The rates and fees in these tables have been annualized and thus reflect the average of differing summer and winter costs for energy supplies. The sample rates and fees do not reflect any changes that the CEA Board of Directors may make when it considers rate adjustments at its regular meeting on January 26, 2023.
As illustrated by the data in the Table 1, a typical residential customer would save 3.5% with the Clean Impact Option, 3.2% with the Clean Impact Plus Option, and 1.7% with the Green Impact Option , compared to the cost of purchase and delivery of energy from San Diego Gas and Electric (“SDG&E”) . A typical small commercial customer (Table 2) would save 9.4% with the Clean Impact Option, 9.0 % with the Clean Impact Plus Option, and 6.0 % with the Green Impact Option. These percentage savings are based on the total electric energy bill, which includes charges paid to SDG& E for energy delivery. If the cost of energy supply only is considered, the percentage savings are higher by several percent, as shown in the tables. CEA’s Joint Powers Agreement (“JPA”) includes a rate setting goal to achieve a minimum 2% 405
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generation cost savings for the Clean Impact Option. It is anticipated that new rates set in January 2023 will increase rates . This expected increase will reduce savings, but saving are still anticipated to be in excess of the 2% target.
TABLE 1 – CEA / SDG&E Rate Comparison for Typical Residential Customers
TABLE 2 – CEA / SDG&E Rate Comparison for Typical Small Commercial Customers
PCIA Vintage 2022
Escondido & San Marcos
Residential: TOU-DR1
SDG&E
31%
Renewable
CEA
50%
Renewable
Clean Impact
CEA
Clean Impact
Plus
75% Carbon
Free
CEA
Green
Impact
100%
Renewable
Generation 49.65$ 35.26$ 35.26$ 35.26$ Clean Impact Plus/Green Impact
Premium -$ -$ 0.33$ 2.48$ SDG&E PCIA+FFS - 2022 Vintage -$ 9.47$ 9.47$ 9.47$ Generation Related Costs 49.65$ 44.73$ 45.06$ 47.21$ SDG&E Delivery 92.46$ 92.46$ 92.46$ 92.46$ Total Average Monthly Bill 142.11$ 137.19$ 137.52$ 139.67$ $ Savings to SDG&E - Total Bill (4.92)$ (4.59)$ (2.44)$ % Savings to SDG&E - Generation Costs -9.90% -9.24% -4.92% % Savings to SDG&E - Total Bill -3.46% -3.23% -1.72%
Average 330 kWh Usage
PCIA Vintage 2022
Escondido & San Marcos
Small Commercial: TOU-A
SDG&E
31%
Renewable
CEA
50%
Renewable
Clean Impact
CEA
Clean Impact
Plus
75% Carbon
Free
CEA
Green
Impact
100%
Renewable
Generation 181.00$ 109.37$ 109.37$ 109.37$ Clean Impact Plus/Green
Impact Premium -$ -$ 1.24$ 9.30$ SDG&E PCIA+FFS - 2022 Vintage -$ 45.84$ 45.84$ 45.84$ Generation Related Costs 181.00$ 155.21$ 156.45$ 164.51$ SDG&E Delivery 92.46$ 92.46$ 92.46$ 92.46$ Total Average Monthly Bill 273.46$ 247.67$ 248.91$ 256.97$ $ Savings to SDG&E - Total Bill (25.79)$ (24.55)$ (16.49)$ % Savings to SDG&E - Generation Costs -14.25% -13.56% -9.11% % Savings to SDG&E - Total Bill -9.43% -8.98% -6.03%
Average 1,240 kWh Usage; 5.4kW Average Demand
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Tables 1 and 2 also include Exit F ees or Power Charge Indifference Adjustment s (PCIA). These are fees charged by SDG&E to customers enrolled with the CEA or any other Community Choice Energy (CCE) provider. The se fees cover losses incurred by SDG&E for ending energy supply contracts entered to provide energy supply to customers that move to another provider . In developing the CEA’s rates, the PCIA fees ar e accounted when comparing typical monthly e lectric utility costs between the CEA and SDG&E. The PCIA fee is charged to customers as a charge per kWh consumed and is based on when the customer leaves SDG&E’s generation service. The exit fee is set annual ly through SDG&E’s Energy Resource Recovery Account rate -setting process, so agencies that join CEA at different times will have different PCIA rates. In other words, the original CEA member cities (i.e. Carlsbad, Del Mar, and Solana Beach) will have different PCIA calculations, or “vintages,” than cities that joined CEA later (e.g. Escondido and San Marcos).
The CEA expects that SDG&E rates will also increase in January 2023. The CEA will continue to participate in SDG&E’s rate-setting process to protect its customers.
PREVIOUS ACTION
On October 27, 2021, the City Council adopted Resolution 2021 -169 authorizing the City Manager or designee to execute, on behalf of the City, a JPA with the Clean Energy Alliance, whose members were, at that time, the cities of Carlsbad, Del Mar, and Solana Beach. The City Council also adopted Ordinance 2021-11 ordaining the City’s membership in the Clean Energy Alliance. Ordinance 2021-11 was considered and adopted a second time, as required for final adoption of an Ordinance, on November 17, 2021.
BACKGROUND
The CEA is a JPA originally created by the Cities of Carlsbad, Del Mar, and Solana Beach. The CEA is one of two existing Community Choice Energy (CCE) providers in San Diego County. The City of San Marcos joined the CEA within weeks of Escondido’s joining in 2021. The Cities of Vista and Oceanside joined the CEA in 2022.
The CEA, like other CCE’s, purchases energy on behalf of its member cities from alternative suppliers to those in the SDG&E supply. These p urchase agreements allow CEA to enter into contracts with the goal of maximizing renewable energy sources at prices still competitive with, and typically lower than, SDG&E’s energy rates. The CEA provides for local control over electricity sources, the potential to choose greener energy sources, and competitive electricity prices.
All energy is delivered via the existing San Diego Gas & Electric (SDG&E) tra nsmission and distribution system, so customers will experience no change in their physical connect ions to the energy grid. Billing will also continue through the existing SDG&E billing system. When service through CEA begins in Escondido in April 2023, customers will see the change in energy supplier reflected on their SDG&E bills.
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The JPA specifies renewable energy targets for its energy supply options. The CEA’s default energy supply option, per the JPA, should include 50% or more qualified renewable energy (Section 6.5 - Power Supply Requirements), increasing to 100% by 2035. The agreement further states that the CEA Board shall establish product options with higher renewable and/or carbon free content that each member agency may select as its default energy product for its community.
As the launch of CEA service in Escondido approaches in April 2023, the City Council must select a default energy supply option from which Escondido customers will purchase energy.
As summarized in the “Fiscal Analysis” section, t he City Council may choose one of thr ee energy supply options as the default product for customers in Escondido:
1. Clean Impact - 50% renewable energy content
Clean Impact is CEA’s minimum 50% renewable ener gy option, increasing to 100% renewable energy by 2035. This option provides the lowest rates to the customer and advances the goals of the City’s Climate Action Plan. However, it is not recommended over the “Clean Impact Plus” option because “Clean Impacts Plus” provides significant additional benefits toward Climate Action Plan goals for nominal increase in cost.
2. Clean Impact Plus - 50% renewable and 75% carbon free energy content Clean Impact Plus is sourced from an energy supply mix of 50% renewable and 75% carbon -free energy. The rate difference is $0.001/kWh in addition to Clean Imp act rate. This option is the staff recommended option because it provides the best combination of value to the customer and advancement of the goals of the City’s Climate Action Plan.
3. Green Impact - 100% renewable energy content
The Green Impact energy supply product includes 100% renewable energy. This energy option has the highest cost due to the additional expense of procuring additional renewable energy. This option provides maximum benefit in terms of Climate Action Plan goals, but the energy rates are the highest of the three options (while still lower than SDG&E rates). Customers may still opt -in to this option on an individual basis regardless of which plan the City Council chooses as the default option.
Customers will automatically enter the default energy supply selected by City Council . However, individual customers may elect an a lternative energy supply by contacting the CEA call center or visiting the CEA website. Customers may choose any one of the three options above, or may choose to remain with SDG&E as their energy supplier, regardless of the default selected by the City Council. Details on this process will be provided to customers during the public outreach in the months leading up to the launch of sales. As of November 2022, 99% of CEA customers in other communities are enrolled in “Clean Impact Plus.” Almost all customers in the remaining 1% are enrolled in “Clean Impact.” Among all customers in CEA member cities, regardless of energy supplier , more than 92% are purchasing en ergy from CEA, with approximately 8% opting-out of CEA to remain with SDG&E as energy supplier. 408
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“Renewable energy” is an energy supply produced from naturally repleni shing sources that produce no emissions (e.g., solar, wind, geothermal, biomass, bio-waste, and eligible hydroelectric sources). “Carbon- free energy” is produced from sources that are not renewable, but they do not produce carbon emissions (e.g., nuclear and large hydroelectric energy sources).
RESOLUTIONS
A. Resolution 2023-09
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RESOLUTION NO. 2023-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA , SELECTING “CLEAN IMPACT
PLUS” AS THE DEFAULT ENERGY SUPPLY OPTION FOR
CUSTOMERS PURCHASING ELECTRIC ENERGY FROM THE
CLEAN ENERGY ALLIANCE
WHEREAS, the City joined the Clean Energy Alliance (“CEA”) by the adoption of Ordinance 2021- 11 on November 17, 2021; and
WHEREAS, the City’s membership in the CEA advances the goals of the Escondido Climate Action Plan (“CAP”), adopted by the City Council on Marc h 10, 2021 , to reduce Greenhouse Gas (“GHG”) emissions; and
WHEREAS, the CEA is a Community Choice Aggregation ("CCA") program created as a Joint Powers Agency (“JPA”) including the Cities of Carlsbad, Del Mar, Solana Beach, Escondido, San Marcos, Oceanside, and Vista; and
WHEREAS, the CEA allows its members to share resources and jointly provide and achieve the environmental and economic benefits of a CCA program on a regional basis; and WHEREAS, the CEA has worked to secure energy supply contracts to begin supplying electric energy to customers in Escondido in 2023; and
WHEREAS, the CEA has three energy supply profile options from which customers may choose to purchase energy, with options varying by price and the fraction of renewable energy supplies included in each; and
WHEREAS, CEA member cities choose a default option for all customers from among the three energy supply profiles, while individual customers retain the ability to choose a different option or to opt- out of CEA service entirely; and
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WHEREAS, the “Clean Impact Plus” energy supply profiles offered by the CEA gives Escondido electric energy customers the best value when considering energy cost and advancement of the City’s GHG emission reduction goals.
NOW, THEREFORE, BE IT RESOLVED by t he City Council of the City of Escondido , California, as follows:
1. That the above recitations are true.
2. The City Council selects “Clean Impact Plus” as the default energy supply for customers in the City of Escondido when the CEA begins supplying electric supply in 2023. 411
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STAFF REPORT
January 11, 2023
File Number 0610-55
SUBJECT
NATIONAL LEAGUE OF CITIES APPOINTMENT –
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council appoint a representative to the National League of Cities.
Staff Recommendation: Approval (City Clerk’s Office: Zack Beck) Presenter: Zack Beck
PREVIOUS ACTION
On September 21, 2022, the City Council voted to become a member of the National League of Cities.
BACKGROUND
The National League of Cities Congressional Cities Conference is scheduled for March 24 -28, 2023 in Washington D.C. and the City of Escondido will be sending an elected representative to attend the Conference.
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STAFF REPORT
January 11, 2023
File Number 0610-90
SUBJECT
REVIEW OF COUNCIL POLICIES AND RULES OF PROCEDURE
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council review the Council Policies and Rules of Procedure.
Staff Recommendation: Provide Direction (Mayor: Dane White) Presenter: Mayor Dane White
PREVIOUS ACTION
On September 29, 2021, the City Council adopted Resolution No. 2021 -156 (Attachment “1”), updating the City Council Policies and Rules of Procedure.
BACKGROUND
On December 14, 2022, Mayor Dane White requested that an item be placed on the Future Agenda to review the City Council Policies and Rules of Procedure.
ATTACHMENTS
a. Attachment “1” – Resolution No. 2021-156
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1 RESOLUTION NO. 2021-156
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ESCONDIDO, CALIFORNIA,
AMENDING AND READOPTING RULES OF
PROCEDURE FOR CITY COUNCIL
MEETINGS AND CITY COUNCIL POLICIES
WHEREAS, the City Council of the City of Escondido, State of California, has previously adopted resolutions which provide Rules of Order and Procedure for City Council meetings and certain written policies governing Council procedures , methods of operation and ethics which are amended from time to time; and WHEREAS, the City Council wishes to re- adopt its Rules and Policies for the purpose of including certain amendments and clarifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That the following Rules shall govern the City Council:
Section A: Rules of Order and Procedure
1. Time of Regular Meetings.
Unless the City Council schedules otherwise or cancels a meeting, the City Council shall hold regular meetings at 4:00 p.m. commencing with closed ses sion items and thereafter at 5 :00 p.m. commencing with a public session on each of the first four (4) Wednesdays of each calendar month at the City Hall.
2. Matters Covered.
For the purpose of efficiently focusing only on matters affecting the City of Escondido, the Council should consider those resolutions, motion s DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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2 or matter s which affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation, or such resolutions or motions supporting or disapproving legislation or actions pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of said State or nation where such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its officers or employees as such.
3. Order of Business.
Regular business of the Council at the 5 :00 p.m. public session shall be taken up for consideration in substantially the following order, except as may be otherwise ordered by the Mayor or Council:
a. Moment of Reflection
b. Flag Salute
c. Roll Call
d. Closed Session Report
e. Proclamations/Presentations
f. O ral Communications (up to 15 minutes or as directed by the Mayor)
g. C onsent Calendar, including Affidavits of Publications, Mailing, Posting, Warrant Register & Minutes Approval
h. Public Hearings
i. Current Business Matters
j. Future Agenda Items
k. Council Members Subcommittee Reports
l. Council Member Reports
m. City Manager’s Weekly Activity Report Highlights
n. Oral Communications
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3 o. Adjournment
4. Consent Calendar Defined.
Those items on the Council agenda which are generally considered routine matter of business such as the approval of minutes, approval of the warrant register, Notices of Project Completion, Treasurer's Quarterly Investment Report, certain contract and grant awards, resolutions setting hearings, final maps, and various leases and agreements are listed on the “Consent Calendar" and shall be adopted by one motion unless Council, staff or a member of the public requests specific items to be discussed and/or removed for separate action. Those items so approved under the heading “Consent Cal endar" will appear in the Council minutes in their proper form, i.e., resolution accepting grant deed or easement, approval of minutes, award of bid, etc.
From time to time, the Council may schedule a “workshop” style meeting. Such workshops shall comply with all applicable noticing laws and shall be dedicated primarily to general information gathering and sharing, discussion and possible direction to staff. Final actions of the Council shall not take place at workshop sessions.
5. Oral Communications.
Time has been reserved near the beginning and end of each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on items of interest to the public.
The Mayor as the presiding officer may set a limit on the time at the beginning of the meeting devoted to oral communications and may at his DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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4 or her discretion extend the time for a speaker or speaker representative to address the Council. Comments on an item already appearing on the agenda shall only be taken at the time reserved for discussion of that agenda item. No action will be taken by the Council on items discussed under Oral Communications , except to refer the matter to staff or schedule for future action.
6. Council Member Reports.
The Council Member Report agenda item provides members of the Council an opportunity to report matters of general interest to the public and their fellow Council Members . No actions, votes or further discussions shall occur on any such matter(s).
7. Council Action on Agenda Matters.
Prior to the request for a motion and second by any Council member on an agenda matter , Council shall be allowed to hear any presentation by staff or member of the public , ask questions and discuss among themselves the matter to be decided. At th e conclusion of the presentation, questions and discussion by Council members a request for a motion and second may be made and a roll call vote shall be taken. A motion that fails to obtain a second or a majority vote shall die.
8. Manner of Addressing Council - Time Limit.
a. Each person addressing the Council shall step up to the microphone, shall state their name and city of residence in an audible tone of voice for the record and, unless further time is granted by the presiding officer , shall limit their DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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5 address to three (3 ) minutes. If significant numbers of persons desire to speak on a given item, t he presiding officer has the discretion to limit speaking times and/or alter the sequence of hearing matters on the agenda. Longer time limits may be permitted for an applicant, appellant, or spokesperson for a larger group, at the discretion of the presiding officer.
b. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer t o request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented at the time by any other
member of the said group, to limit the number of persons so addressing the Council so as to avoid unnec essary
repetitions before the Council.
c. City staff presentations and responses to Council questions are not governed by this time limit.
9. Posting of Agenda.
At least 72 hours before a regular meeting, the City Clerk shall post a certified copy of the agenda specifying the time and location of the regular meeting in a place accessible so as to be available for review by members of the public.
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6 10. Content of Agenda.
Under state law, the City Council is limited to consideration of item s which are on a posted agenda. Items may be placed on an agenda by city staff , by the Mayor , or upon the request of an individual Council member in coordination with the City Manager. The City Manager shall be in charge of preparing the Council agenda and all items shall be coordinated with the City Manager . To the fullest extent practicable, any items placed on the agenda by the Mayor, any Council member or City staff should also be listed under "Future Agenda Items" as early as possible to assure the best possible advance notice of the nature of items and discussion which are upcoming.
11. Proclamations and Presentations.
The City of Escondido recognizes members of the public, groups, or other entities in different ways. Individual Councilmembers may request the preparation of a Certificate of Achievement, Acknowledgment, or Recognition (depending on the circumstances) to be presented in their individual capacity as a member of the City Council. Such certificates shall be prepared by the City Manager’s office in a manner such as to preserve consistency in design and form of the City. Such certificates shall be requested directly from the City Manager’s office, with ample advance notice to the City Manager’s office to enable preparation and delivery. Each Council member requesting a certificate shall be solely responsible for providing the content and verifying the accuracy of the DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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7 document. Multiple Councilmembers may sign and present such certificates subject to coordination among themselves.
The Mayor and any Councilmember may also recommend the
public acknowledgement of any member of the public, group, entity or matter of public interest through the issuance and presentation of a formal proclamation on behalf of the City of Escondido. Such rec ommendations shall be made in coordination with the City Manager’s office. Upon approval by the Mayor, such p roclamations shall then be prepared by the City Manager’s office in a manner such as to preserve consistency in design and form of the City. Proclamations will normally be signed on behalf of the City by the Mayor. However, if some or all City Councilmembers also wish to sign a proclamation, and signatures can be obtained in a timely maner, proclamations may be signed by the full City Council or by those members wishing to sign the document.
Proclamations shall normally be presented by the Mayor at the commencement of a meeting of the City Council, unless circumstances dictate the presentation of the proclamation elsewhere. Any disagreement with whether or not such a proclamation shall be issued shall be resolved by a majority vote of the City Council.
The Mayor or any Councilmember may request that a presentation to the City Council at a regular meeting be made by members of the public, other public entities, or other groups, on issues of interest to the City Council or members of the public. Such presentations shall be coordinated with the Mayor and the City Manager’s office and shall be DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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8 subject to scheduling in a manner that does not interf ere with the need to conduct normal City business. Any disagreement with whether or not such a presentation is to be scheduled shall be resolved by a majority vote of the City Council.
12. Closing Time of Council Meetings.
No agenda item may be introduced after the hour of 10: 00 p.m.; however, the meeting may be extended beyond 10: 00 p.m. upon a majority vote of the Council members.
13. Processing of Motions.
a. When a motion is made, it shall be stated clearly and concisely by its mover. Af ter a motion is made and
seconded, it may be stated by the presiding officer before debate. A motion may be withdrawn by the mover without consent of the Council members.
b. The presiding officer shall at any time by majority consent of the Council members, permit a Council member to propose the reordering of agenda items.
c. If a question contains two or more divisible propositions, the presiding officer may, and upon request of a Council
member shall, divide the same.
14. Precedence of Motions.
a. When a motion is before the Council, no motion shall be entertained except (precedence in order indicated):
(1) T o adjourn
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9 (2) T o fix hour of adjournment
(3) T o lay on the table
(4) F or the previous question
(5) T o postpone to a certain day
(6) T o refer
(7) T o amend
(8) T o postpone indefinitely
b. A motion to adjourn shall be in order any time, except as follows:
(1) W hen repeated without intervening business or
discussion
(2) W hen made as an interruption of a Council member while speaking
(3) When the previous question has been ordered
(4) While a vote is being taken
c. A motion to adjourn “to another time" is debatable only as to the time to which the meeting is adjourned.
d. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject
under consideration. If the motion shall prevail, the matter may be “taken from the table" only by adding it to the
agenda of the next regular meeting, to be discussed at the following regular meeting.
e. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Council m ember of “question" does not accomplish the
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10 same purpose. If a motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion. f. A motion to amend shall be in order and is debatable only as to amendment. A motion to amend an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion is amended.
g. A motion to postpone indefinitely shall be fully debatable and if the same is adopted, the principal motion shall be declared lost. A motion to postpone to a definite time shall be
amendable and debatable as to propriety of postponement and time set.
h. A motion to refer shall not be debatable except for the propriety of referring.
15. Administrative Mandamus.
Persons who are dissatisfied with a decision of the City Council may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged.
16. Appeals; Continuances.
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11 Any person appealing an action of a City Board or Commission or City Staff to the City Council has a right to two two- week postponements of the initial hearing scheduled on the appeal. After exhaustion of this right, the appeal shall be considered withdrawn. This procedure shall not limit the ability of the City Council to conti nue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff.
17. Reconsideration.
Any member of the Council, voting in the majority on any action of the Council, may at the same meeting , or at a subsequent time, request the Council reconsider an action. A reconsideration request made by a member of the Council voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action.
All r equests for reconsideration of a Council action shall be provided to each Council member , and the City Manager in writing or via electronic mail, and the request shall be placed on the next available agenda. In the event an item to be reconsidered requires public notice, it shall be calendared and noticed after Council determines when reconsideration shall occur.
18. Personal Privilege.
The right of any Council member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned.
19. Council Conduct.
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12 Each member of the Council shall act in a courteous and respectful manner to all members of the Council , including providing each member the full opportunity to ask ques tions, voice opinions and make statements without interruption during closed and open sessions of the Council.
20. Parliamentarian.
A majority vote of the Council shall generally control matters of procedure not addressed by this Resolution. The City Atto rney shall decide all other questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at a City Council meeting.
21. Voting and Non-Profit Entity Membership.
It shall be the policy of this Council that a council member who serves on the governing board of a private non- profit entity shall not participate in the discussion or voting process to determine whether or not that entity receives City funds. In the event the request of a non- profit entity with a co uncil member on its governing board is part of a larger request involving several items, or is part of the budget process, a separate vote shall be taken to allow the necessary abstention.
22. Selection of Chairperson.
In the event that the Mayor and the Deputy Mayor are absent from a City Council meeting, the three remaining Council members present shall promptly determine which Council member will conduct and serve as the chairperson of the meeting.
23. Decorum and Security.
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13 a. While the City Council is in session, the Council members, staff, and members of the public are expected to act in a manner to preserve order and decorum for the meeting. No person shall engage in disorderly or disruptive behavior during the meeting.
No person shall, either by conversation, applause, shouting, or any other conduct, interrupt or delay the proceedings.
b. The City Manager, in coordination with the Mayor and/or Deputy Mayor, are authorized to and shall designate and post signs specifying those areas of the Chamber for the media wishing to record the meeting, areas for staff presentations, and areas which are restricted to City employees and elected officials. c. Signs, placards, posters, or similar objects which are larger than
8.5 by 11 inches
and which disrupt the proceedings shall not be
displayed during Council proceedings by members of the public.
Section B: City Council Policies.
1. Correspondence with Members of the City Council.
The purpose of this policy is to provide for a coordinated response to correspondence (i.e. letters, emails, and similar items) which is sent to the City generally, or in which the same correspondence is sent in identical fashion to all Council member s. In su ch circumstances, the Council directs that the Mayor (or as appropriate the City Manager or City Attorney) shall answer such correspondence on behalf of the City, according to the procedure set forth below.
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14 In addition to individual e-mail addresses, the City Manager’s Office shall also establish a shared email address by which citizens may direct emails to all Council member s at the same time. The shared email address shall be featured on the City’s website and in other publications in such a manner as to allow citizens to use the address and thereby communicate with all Council members at the same time. All Council members shall have access to review items in the mailbox at all times. All responses to such emails shall also be sent from the shared mailbox, such that all Council members may review such responses.
With respect to other communications, such as those involving other governmental entities, organizations , and related entities where such communication occurs between the entities rather than specific individuals, the Mayor shall respond on behalf of the City, with copies to all Council members. Matters involving routine city administrative issues shall generally be responded to by either the City Manager or City Attorney, as appropriate, on behalf of the City. With respect to correspondence that consists of invitations to events, the Mayor and Council shall coordinate such invitations with the City Manager's support staff.
Because substantial portions of City Council communication, whether electronic or written, is subject to California's Public Records laws, all City Council communications shall be coordinated with the City Manager for the purpose of compliance with various laws governing public DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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15 records. All Council members using city computers shall be subject to the City's Administrative Directives regarding computer use.
2. Press Releases.
All press releases on behalf of the City shall be issued on City letterhead and only on behalf of the City generally or the entire City Council. Press releases shall be prepared and coordinated by the City Manager’s Office.
3. Council Calendar.
The responsibility for managing the calendars of the City Council and the City Council members shall be delegated to the City Manager's secretary.
4. Audits.
Staff shall informally assist the City Council in a periodic accounting of individual expenditures for travel, phone use, etc.
5. Council Travel Policy.
Council members shall be bound by all City policies, as expressed in Administrative Directives or otherwise, regar ding travel on City business.
The City Council shall fix an amount in the City Council budget which each Council member may use for business -related education and travel expenses, including attendance at seminars, conferences and other related educational opportunities. These funds will be separate from any budget established for Council member participation in committees associated with other public agencies and entities. If these funds are not DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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16 used during the fiscal year appropriated, they shall be returned to the General Fund.
Elected officials shall provide brief reports on meetings attended at the City’s expense at the next regular City Council meeting. If multiple elected officials attended, a joint report may be made. Reports may be provided in writing as part of the Agenda packet distribution.
6. Council Communication with Staff.
The Council members shall request information or give direction only to the City Manager or City Attorney, or those persons designated by the City Manager or City Attorney to assist the Council members in such inquiries or requests . R equests for information should be directed to the City Manager, although incidental or minor requests (not involving analysis or significant time) may be requested directly from department heads, with a copy to the City Manager . Requests which involve change of policy, expenditure of funds, or use of significant staff time shall be submitted to the full Council for approval.
7 . Review of Reimbursements.
The Director of Finance or a designee shall review all City Council requests for reimbursement of expenses for consistency with City policy on such expenses.
In all cases, Council members shall be bound by the same policies and procedures adopted and applicable for all City employees on a citywide basis. To the extent such policies provide for per diem reimbursements, auto allowances, and related forms of reimbursement DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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17 rather than receipt -specific reimbursement, it is hereby determined that such per diem or fixed amount reimbursements, so long as applicable to all city employees, are the best and most efficient method of reimbursing expenses on an actual and necessary basis.
9. Council Salary.
To assure attention to the Council compensation allowable under state law, the City Council shall have an agenda item during a meeting in December of odd number ed years for the purpose of determining whether or not to take action regarding Council compensation.
10. Campaign Activity Funding.
The City Council shall not direct or authorize the expenditure of public funds to prepare or distribute a publication or communication when the style, tenor, and timing of the publication or communication demonstrates that it constitutes traditional campaign activity or that it supports or opposes the approval or rejection of a ballot measure.
11. Council Use of City Staff for Public Events.
The Council believes that making opportunities available for Council members to interact with the public outside of regular public meetings is a benefit to the Council and residents of the City. The ability to communicate to the public the availability of the Councilmembers for such events is critical to their success.
Council members may request through the City Manager’s Office the services of City staff to assist in the hosting of public events related to City business including, but not limited to, the electronic posting of notices DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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18 of public events involving the Council members on the City’s social media platforms. To the greatest extent possible, t he amount of staff resources devoted to such efforts shall be equal among all Council members.
To the extent any such staff efforts require time beyond the posting of notices on the City’s or related website, the City Manager shall be responsible for determining whether such personnel resources are available, whether there is a suffici ent budget to cover the costs related to such efforts , and ensuring that all council members may obtain like and equal services during the course of any fiscal year . Council member s shall not use any city staff or resources as part of , or in coordination with, any campaign for public office.
Section C
: City Council Ethics Policy.
1. Declaration of Policy.
The respected operation of democratic government emphasizes that elected officials be independent, impartial, and responsible to the people. It requires that they conduct themselves in a manner above reproach.
This Ethics Policy provides the following general guidelines and specific prohibitions to which elected Es condido City Officials must conform in pursuit of their assigned duties and responsibilities. This policy is in addition to all applicable provisions of state law, including the Brown Act, the Political Reform Act and implementing regulations, and all other laws governing the conduct of elected officials.
2. Disclosure of Closed Session Matter.
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19 No member of the City Council shall disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any information presented or discussed during a closed session meeting unless the City Council first authorizes such disclosure by the affir mative vote of three members.
3. Disclosure of Confidential Communications.
Except when disclosure is mandated by state or federal law, no member of the City Council shall disclose to any person, other than members of the Council, the City Attor ney, or the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, the content or substance of any confidential or privileged communication relating to matters of City business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed, unless the City Council first authorizes such disclosure by the affirmative vote of three members of the City Council.
4. Conduct During Negotiations/Litigation.
The City Council is authorized to provide direction to specifically
identified negotiators in a legally constituted closed session on matters involving pending litigation, real estate negotiations, and labor negotiations. If the City Council in closed session provides such direction to its negotiators, all contact with the negotiating party or the party's DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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20 representative, shall be limited to, and made by , those individuals designated to handle the negotiations.
During a pending labor negotiation, no member of the City Council shall communicate any negotiating position on behalf of the City or engage in any negotiations for employee salary, bene fits or working conditions. In addition, during pending litigation or real estate negotiations, no member of the City Council (unless they have been designated as a negotiator) shall have any contact or discussion with the litigating or negotiating party or the party's representative regarding the subject matter of the pending litigation or real estate negotiations.
No member of the City Council shall communicate or disclose to any person, other than members of the Council, the City Attorney, the City Manager, or other City staff designated by the City Manager to handle such matters of confidential City business, any discussion or information received in closed session regarding the negotiation or litigation.
Nothing in this section shall prohibit Council member s from receiving written communications provided they are made available to all Council members, the City Manager, the City Attorney , and the City's designated negotiators on an equal basis.
5. Ex Parte Communications.
The purpose of this provision is to guarantee that all interested parties to any adjudicatory matter before the City Council have equal opportunity to express and represent their interests. Ex parte communications are those communications members of the City Council DocuSign Envelope ID: 99E70034-728F-47F9-AAFA-A422909DC7F3 Attachment "1"
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21 have with representatives of only one side of a matter outside the presence of other interested parties on a matter relevant to an adjudicatory proceeding. A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
Any written or oral ex parte communication received by a member of the City Council in matters where all interested parties are entitled to an equal opportunity for a hearing shall be made a part of the record by the recipient.
6. Violations and Penalties.
Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided for by federal, state or other local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure.
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Item12.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof the 29th day of September, 2021 by the following vote to wit:
AYE : Councilmembers: GARCIA, INSCOE, MORASCO, MARTINEZ, MCNAMARA
NOES : Councilmembers: NONE
ABSENT : Councilmembers: NONE
APPROVED:
PAUL MCNAMARA, Mayor of the
City of Escondido, California
ATTEST:
ZACK BECK, City Clerk of the
City of Escondido, California
RESOLUTION NO. 2021-156
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KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
1/18/2023 - NO MEETING (MLK DAY)
1/25/2023
CURRENT BUSINESS - (Z. BECK) - CITY COUNCIL DISTRICT 3 VACANCY APPOINTMENT INTERVIEWS 2/1/2023 - NO MEETING
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Item13.