104
Item6.
17 2) Reserved.
3) Section 20965 (Credit for Unused Sick Leave)
4) Section 21024 (Military Service Credit as Public Service) 5) Section 21548 (Pre-Retirement Option 2W Death Benefit)
3.2.1 Additional CalPERS Contracted Benefits for All Local Safety Members a. The City has contracted with CalPERS for the following benefits for local safety members:
1) Cal. Govt. Code Sections 21624 and 21626 (Post Retirement Survivor Allowance)
3.3 Specific CalPERS Contracted Benefits for Public Safety Classic Member - Tier I (3% @ 50)
a. In addition to the standard benefits listed in Section 3.2, Classic Member Employees shall receive the following retirement benefits in accordance with California Public Employees’ Retirement law (Cal. Govt Code Section 20000 et seq.) and the City of Escondido’s contract with CalPERS:
1) 3% at Age 50 Benefit Formula
2) Cost Sharing: Classic Members in Tier I shall contribute 12% (9% of member contribution and 3% as an additional contribution of the City’s cost share) of their CalPERS reported contributions to their CalPERS retirement plan in accordance with Cal.
Govt. Code Section 20516. The contributions will be on a pre-tax basis. 3) Cal. Govt. Code Section 20042 benefit, One -Year Final Compensation, benefit.
3.4 Specific CalPERS Contracted Benefits for Public Safety Classic Member - Tier II (2% @ 50)
a. Effective December 23, 2012, the City implemented a second -tier retirement for newly hired Employees who meet the definition of Classic Members under the Public Employee Pension Reform Act (PEPRA). The following benefits apply:
1) The City will provide 2% at age 50 retirement benefit formula, Cal. Govt.
Code Section 21362.
2) Cost Sharing: Classic Members with Tier II benefits shall contribute 12% (9% of member contribution and 3% as an additional contribution of the City’s cost share) of their CalPERS reported contributions to their CalPERS retirement plan in accordance with Cal. Govt. Code Section 20516. The contributions will be on a pre-tax basis.
Resolution No. 2024-21
Exhibit "A"
105
Item6.
18 3) Final compensation used to calculate the retirement benefit shall be based on average compensation earnable by a member during any consecutive 36 -month period of employment and in accordance with Cal. Govt. Code Section 20037.
3.5 Specific CalPERS Contracted Benefits for Public Safety New Member (PEPRA) – Tier III (2.7% @ 57)
a. Effective January 1, 2013, and in accordance with the Public Employees’ Pension Reform Act (PEPRA), the City implemented a new benefit formula and contribution requirements for employees hired on or after January 1, 2013, and who meet the definition of a New Member under PEPRA. The following benefits apply:
1) The City will provide the CalPERS 2.7% at age 57 retirement benefit program.
2) New Members with Tier III benefits shall contribute , based on CalPERS actuarial calculations, fifty ( 50) percent of the CalPERS normal cost rounded to the nearest ¼ percent, currently 14%, of their CalPERS reported contributions to their CalPERS retirement plan. The contributions will be on a pre-tax basis. 3) Final compensation used to calculate the retirement benefit shall be based on average compensation earnable by a member during any consecutive 36 -month period of employment and in accordance with Cal. Govt. Code Section 20037.
3.6 Holidays
a. Every employee in the personnel system, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interests of the public health, safety or general welfare, in which latter event, any such employee shall be entitled to an in lieu holiday or overtime pay, in accordance with this MOU.
DESIGNATED HOLIDAYS
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
b. For employees whose regular work schedule is Monday through Friday, when a holiday falls on a Sunday, it is observed on the Monday immediately following. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. For employees whose regular work schedule rotates on a 7 -day cycle, the actual holiday is the recognized holiday for holiday compensation purposes.
Resolution No. 2024-21
Exhibit "A"
106
Item6.
19 c. Holiday Pay: Employees whose regularly scheduled workday or work shift falls on a holiday and who worked such a holiday shall receive compensation as follows:
1) Time and one-half for time worked, and, at the employee's option:
a) Compensatory time off on a straight-time basis subject to the needs of the service and the prior approval of the employee's supervisor; or b) Straight-time pay for time worked.
2) Employees whose regularly scheduled workday or work shift falls on a holiday and who call in sick on the holiday, or a part thereof, shall receive straight -time sick pay for those hours scheduled to work but not actually worked due to illness, and shall receive straight-time floating holiday hours.
3.7 Reserved
3.8 Vacation
a. Annual Vacation Leave: All probationary, permanent part -time and permanent employees shall be entitled to annual full or prorated vacation leave with pay. b. Earned Vacation: Each eligible employee shall accumulate annual vacation from the date of hire at the rate applicable to their employment status as follows (Amended 1- 84):
First 5 years of service = 3.91 hours a pay period for 26.0893 pay periods 5 – 10 years of service = 5.53 hours a pay period for 26.0893 pay periods 10 – 15 years of service = 7.17 hours a pay period for 26.0893 pay periods 15 years and over = 8.80 hours a pay period for 26.0893 pay periods c. Upon Workday implementation employees shall accrue vacation leave as follows:
Years of Service Annual Accrual Rate
First 5 years of service 107 hours (103+4)
5 to 10 years of service 149 hours (145+4)
10 to 15 years of service 192 hours (188+4)
15 plus years of service 234 hours (230+4)
1) Upon approval of the Chief of Police, Lateral Transfer Police Officers hired by the Escondido Police Department may be eligible to accrue vacation leave time at the 5 to 10 years of service rate based on five years of full -time previous sworn law enforcement experience credit. The officer would be eligible to advance to the next vacation accrual rate level (10 to 15 years) after five years of service with the Escondido Police Department.
Resolution No. 2024-21
Exhibit "A"
107
Item6.
20 a) Lateral Transfer Officers with less than five years of other full -time sworn law enforcement experience, and upon approval of the Chief of Police, may be eligible to accrue vacation leave time based on their previous full -time law enforcement experience credit plus any service time with the Escondido Police Department. b) For example, upon hire, if a Lateral Transfer Police Officer has three years previous sworn law enforcement experience credit, the officer may begin to accrue vacation time at the entry level rate but after two years of service with the Escondido Police Department (for a total of five years of law enforcement experience credit), the employee would then be eligible to advance to the next vacation accrual level (5 -10 years). After five additional years of service (seven total years with the Escondido Police Department), the officer would advance to the next accrual rate. d. Vacation Periods: Vacation may be taken the first day following the completion of 12 months and may never be used in units of less than one hour. (Biweekly Accumulation) 1) The times during an accrual year at which an employee may take their vacation shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the personnel system. 2) Regardless of length of probationary service, employees who terminate shall be paid in a lump sum for all allowable accrued vacation leave earned prior to the effective date of termination.
e. Employees will continue to receive four (4) hour s of float holiday pay in October until the four (4) hours are added to the vacation accrual upon Workday implementation.
3.9 Maximum Vacation Leave Accrual
An Employee may not accrue more than leave eligible to earn in thirty months (annual accrual rate x 2.5 = maximum leave accrued). When an Association member reaches the maximum leave accrued, vacation leave accrual shall cease until the employees leave balance falls below the maximum allowed to be accrued.
Years of Service Maximum Accrual
First 5 years of service 268 hours
5 to 10 years of service 373 hours
10 to 15 years of service 480 hours
15 plus years of service 585 hours
3.10 Reserved
Resolution No. 2024-21
Exhibit "A"
108
Item6.
21 3.11 Sick Leave
a. Sick Leave – Personal Use: Sick leave with pay shall be granted to all probationary, and permanent employees within the personnel system. Sick leave shall not be considered as a right which an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability. 1) In order to receive compensation while absent on sick leave, the employee shall notify the on-duty watch commander prior to or within two hours of the time set for beginning their daily duties. In the event that an employee has applied for sick leave use for four or more consecutive scheduled working days, the City may require a physician's certification as to the existence of an illness or injury that prevents the employee from working, and an approval of the employee's intended return to work. The Ci ty Manager may, however, require such certification or evidence the City deems necessary regarding sick leave use at any time.
2) In no case shall the City require a physician’s certification as stipulated under the Kin Care Leave Law.
3) "Evidence" as used in the prior sentence includes but is not limited to:
a) An opinion from the treating physician as to the expected convalescent period, if any.
b) Specific physical restrictions, if any, which bear on the employee's ability to perform his/her usual and customary duties or modified work assignments. c) A second opinion on the employee's condition from a physician or physicians of the City's choice (and at City expense) based upon independent medical evaluation(s) and/or review of the employee's physician's report. b. Sick Leave – Accrual Rate: Sick leave shall be earned at the rate of nine (9) hours for each calendar month of service and is earned also while on sick leave. The increase to nine (9) hours will be implemented on the first day of the first pay period after city council approval. Unused sick leave shall be accumulated indefinitely. c. Sick Leave – Termination: Employees who terminate for any reason, including retirement, shall not receive cash payment for accrued sick leave. All eligibility for sick leave with pay shall be cancelled upon separation of the employee from the City Service.
Provided that such separation is by layoff, this accumulated eligibility may be restored to the employee in whole or in part by the City Manager upon reemployment. d. Sick Leave – Authorized Vacation: Employees who are on authorized vacation and become ill, or otherwise disabled through accident not a result of vicious habits or intemperance, may charge such sickness or disablement to credited sick leave, provided a doctor's certificate is presented to Human Resources.
Resolution No. 2024-21
Exhibit "A"
109
Item6.
22 e. Sick Leave – Conversion: Sick leave accrual will be convertible on the basis that any unused sick leave accrued in any given year can be converted to vacation on a ratio of two sick hours for one hour of vacation.
3.12 Family Leave
a. Per the Kin Care Leave Law (Labor Code Section 233) and the City of Escondido, employees may now use up to one year of their sick leave accruals each calendar year for the following purposes:
• The diagnosis, care, or treatment of an existing health condition of, or preventative care for, the employee’s family member.
• The diagnosis, care, or treatment of an existing health condition of, or preventative care for, the employee.
• An employee who is a victim of domestic violence, sexual assault, or stalking. b. Consistent with Federal/State Law, the City will provide Domestic Partner and same-sex marriage benefits.
3.13 Child-Related Activities Leave
Employees can take up to 40 hours per calendar year (up to 8 hours per month) for child- related activities per labor Code Section 230.8. employees must use their available vacation, compensatory time, or holiday leave accruals and provide reasonable notice to their supervisor for the need of such leave.
3.14 Bereavement Leave
All currently benefited employees’ annual Sick Leave accrual may be used for Sick Leave, Family Sick Leave, Maternity/Paternity Leave, and Bereavement Leave for members of their immediate family. The immediate family shall consist of a member of the employee's immediate family or individuals whose relationship to the employee is that of a dependent or near dependent, member of the immediate household, or a person who is significant to the employe e. In each such case the City Manager shall grant such sick leave only when, in his opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave. In addition to family sick leave, an additional five days of bereavement leave shall be provided if required, all of which is to be charged against the employee's accrued sick leave. Exceptions to exceed the above family leave provisions are subject to consideration by the City Manager on a case-by-case basis. In no event shall an employee be granted sick leave time to oversee children who are not ill (babysitting).
3.15 Military Leave
a. Every employee ordered to take Military Leave who would have been required to work for and be paid by the City at the same time Military Leave is ordered shall receive Resolution No. 2024-21
Exhibit "A"
110
Item6.
23 their salary or compensation as an employee of the City in accordance with the provisions of State and Federal law.
b. Upon verification of military orders, employees who are members of the military reserve or National Guard who have been called to active duty during national security, after the standard Military Leave Policy, shall receive the difference between the amount the employee would have received from their regular City gross biweekly wage (not including overtime) and the amount the employee receives from the military. c. Health benefits will be continued for the employee and family. An employee would continue to pay their respective portion of the benefit programs (including any premiums for family coverage), unless benefits are waived.
3.16 Military/Family Medical Leave Act (FMLA Leave)
Military/FMLA leave shall be granted in accordance with the provisions of Federal and State laws. All employees entitled to Military/FMLA Leave shall give the City Manager an opportunity within the limits of Military regulations to determine when such leave shall be taken.
3.17 Jury and Witness Leave
a. Jury Duty: Any employee who is called or required to serve as a trial juror shall be entitled to absent them selves from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid their full salary and any payment received by them from the court for such duty. Employees shall provide the Director of Administrative Services with a copy of the call to jury duty and other documentary evidence of service as required by the City.
b. Witness Leave: Any employee who is called or required to serve as a witness shall be entitled to absent themselves from their duties with the City during the period of such service or while necessarily being present in court as a result of a proper subpoena.
Under such circumstances, the employee shall be paid the difference between their full salary and any pa yment received by them, except travel and subsistence pay, for such duty. Witness leave will not be granted to employees who are litigants in civil cases or defendants in criminal cases. Employees shall provide the Director of Administrative Services with a copy of the legal subpoena and other documentary evidence of service as required by the City. (Rule P-6)
3.18 Leave of Absence Without Pay
a. The City Manager may grant a permanent or probationary employee leave of absence without pay, seniority, or benefit accruals not to exceed six months. For special educational purposes, however, the City Manager may grant leaves of absence not to exceed one year, without pay, provided such study is related to City employment. When such special educational leave of absence is granted, the employee must agree in writing that they will return to regular, full -time employment with the City for a minimum of one year. No such leave shall be granted except upon written request of the employee, setting Resolution No. 2024-21
Exhibit "A"
111
Item6.
24 forth the reason for the request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted.
Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge. b. Upon receiving five days prior notice, the Chief of Police , may grant a regular employee in good standing, leave of absence without pay not to exceed 10 work days in a calendar month, without the employee having to first exhaust current leave balances .
Such leaves shall be reported to the Director of Administrative Services. c. When an employee is in a leave of absence without pay status due to having exhausted all accrued sick leave and vacation credit, their revised hire date or date of promotion for purposes of merit increases, sick leave and vacation credit, will be the number of calendar days absent added to their former hire or promotion date, whenever such leave exceeds 30 working days. In the event of leave of absence due to injury or illness, after all sick leave is exhausted, utilization of accrued vacation, compensa tory time and/or floating holidays shall be at the option of the employee.
3.19 Maternity/Paternity Family Medical Leave Act/California Family Rights Act Leave
Employees shall be granted maternity /paternity FMLA/CFRA leave in accordance with the following provisions:
a. In all cases of pregnancy, the employee shall furnish the City a statement from her physician giving the anticipated date of delivery and the opinion of the physician as to her ability to perform her normal work assignment. Such statement shall be furni shed as soon as practicable after a determination of the pregnancy has been made. b. A pregnant employee will be permitted to work as long as she is able to safely perform the duties of her position as recommended by the statement of her physician. c. An employee will be permitted to return to work when she is able to safely perform the duties of her position as recommended by the statement of her physician, based upon examination of her after childbirth. An employee must give notice two weeks prior to the date she wants to return to work. If she does not give two weeks’ notice prior to the date she wants to return to work, the department shall not be required to return her to work until two weeks after she has given such notice.
d. A pregnant employee shall be allowed to be absent for the period during which in the opinion of her attending physician and, where necessary, the City physician, she is temporarily disabled because of pregnancy, miscarriage, abortion, childbirth and recovery there from, in accordance with federal and/or state leave laws. e. The City may, at its option, and at City cost, require an independent medical opinion concerning the employee's ability to safely perform her duties.
Resolution No. 2024-21
Exhibit "A"
112
Item6.
25 f. A temporarily disabled pregnant employee shall be entitled to use all accumulated paid leave time for maternity leave and such additional leave of absence without pay, seniority and accrual of benefits in accordance with federal and/or state leave laws. g. In the case of adoption and paternity /FMLA/CFRA leave, leave shall be in accordance with federal and/or state leave laws.
3.20 Donated Leave
City Manager's Administrative Directive No. 24 outlines a policy which allows employees to transfer vacation to another employee who is experiencing unusual or extenuating personal circumstances and requires additional leave.
For the purposes of this MOU, when an employee is unable to work and thus receiving donated leave, they are to be considered assigned to day shift for pay purposes.
3.21 – 3.22 Reserved
3.23 Health Insurance Benefits
3.23.1 Committee Membership
a. It is agreed that during the term of this Memorandum of Understanding, the Association and City agree to delegate to the Health Insurance Committee (HIC), subject to the ultimate authority and decision of the City Council which may overrule any decision and shall not be bound by any recommendation of the HIC, the authority to manage the City's Health Benefits Program.
b. Membership on the HIC, as established in Rule 19 of the Personnel Rules and Regulations, be as follows:
c. Each bargaining unit with at least twenty-five (25) or more eligible employees shall have one representative on the HIC committee. The City's unclassified group shall provide a number of representatives equal to the total number of representatives provided by all bargaining units.
3.23.2 Medical Plan Selection
a. Medical coverage provided by the City will continue to be the lowest cost HMO medical plan as recommended by the Health Insurance Committee and approved by the City Council, and
b. Beginning January 1, 2019, and thereafter, any medical insurance premium increases will be shared equally by the City and the employee for the lowest cost HMO medical.
c. Current medical coverage rates are provided in Exhibit B, Sworn Police 202 4 Benefit Summary.
Resolution No. 2024-21
Exhibit "A"
113
Item6.
26 d. The proportional percentage change in premium each year for the base level of coverage (e.g. Kaiser) after changes in Plan Design by the HIC shall be represented in employee premium participation. (The following participation amounts shall be amended as soon as is reasonably possible.)
e. The City reserves the right to document, to the City's satisfaction, the status of each employee.
f. In the event that a majority of the Health Insurance Committee (“HIC”) recommends to the City Council changes in the Health Benefit Plans that either provide the same level of benefit coverage for less cost or greater level of benefit coverage for the same or similar costs, the City will meet and confer with the Bargaining Unit as to implementation of the economic impact of the proposed changes.
3.23.3 Coverage Waiver
a. The City and the Association agree to a plan to generate cost savings for health insurance premiums in cases where employees are eligible for coverage under an alternate health insurance plan. Employees may waive a level of insurance coverage for themselves and/or their eligible dependents if they are covered under an alternate health insurance plan. If an employee waives insurance coverage at any level, savings result.
To recognize the savings, the City and bargaining unit agree to rebate to the empl oyee the amount of $75.00 per month.
b. Proof of alternate health coverage is required by completing the enrollment/waiver form. Employees will be allowed to enroll during open enrollment or other times during the year as allowed by state/federal law.
c. Employees who are married or in a state-registered domestic partner relationship with another City employee will receive one (1) $75.00 rebate. The spouse/domestic partner who is waiving coverage will receive the rebate. If the spouse/domestic partner is a non-sworn police employee and receives $600.00 flex dollars, neither the employee nor their spouse/domestic partner is eligible for the $75.00 rebate. d. Employees will make contributions to health insurance coverage based on the insurance carrier selected.
3.24 Dental Insurance
a. Beginning January 1, 2019 and thereafter, dental insurance premium increases, for employee only coverage, will be shared equally by the City and the employee. b. Current dental coverage rates are provided in Exhibit B, Sworn Police 2024 Benefit Summary.
3.25 Life Insurance
a. The City shall provide for the benefit of each employee, life and accidental death and dismemberment insurance in the amount of $50,000 and $1,000 dependent coverage Resolution No. 2024-21
Exhibit "A"
114
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27 (with the exception of a spouse who is also a City employee) in accordance with current life insurance company rules and regulations. See Exhibit B for current rates. b. Employees may opt to purchase at employee’s expense supplemental group term life insurance via payroll deduction, in accord with the group carrier guidelines.
3.26 Disability Insurance/Worker’s Compensation
a. The POA shall oversee enrollment and management of disability insurance. b. Payments to Industrially Disabled Full -Time Employees Pursuant to Labor Code Section 4850.
c. Consistent with Labor Code Section 4850, full-time employees are paid full salary in lieu of temporary disability payments when they suffer an industrial injury. Current administrative policy establishes a minimum of 90 days of payments pursuant to Section 4850 in those cases where an employee's industrial disability will result in disability retirement from CalPERS. This section affirms the current administrative policy. In no event should an employee receive more than one year of full salary of Sect ion 4850 payments.
3.27 Voluntary Benefits
The City can offer voluntary benefits to employees at any time. See Exhibit B for current rates.
3.28 Reserved
3.29 Tuition Reimbursement
a. Within budgetary limitations, and subject to the criteria and limitations listed below, the City will reimburse 100% of tuition and related expenses, up to $1,500 per employee per fiscal year for tuition fees.
b. A maximum of $25,000 will be allotted annually for the use of tuition reimbursement for all POA members as outlined within this Article. Professional development courses through non -traditional higher -education settings (e.g. professional law enforcement courses) are eligible for tui tion reimbursement when such courses are approved in advance by Police Administration and taken on the employee’s personal time. Tuition reimbursement shall be limited to $500 per year, which shall be a portion of the $1,500 maximum annual tuition reimbursement allowed.
c. Eligibility Criteria
1) Course content is closely related to the employee ’s current classification and is designed to improve job performance, or would assist the employee in preparing for a promotional opportunity.
Resolution No. 2024-21
Exhibit "A"
115
Item6.
28 2) To receive reimbursement, it is encouraged that the employee pursues any approved courses or courses of study at an educational institution. 3) Reimbursement shall be 100% of amount of tuition fees. 4) Course is completed with a minimum grade of “C” (2.0) or its equivalent or by evidence of satisfactory completion.
5) Course is given by a school accredited by the Western Association of Schools and Colleges, accredited by the North Central Association of Schools and Colleges, accredited by an organization equivalent to the two previously listed organizations, approved b y the Council for Private Post -Secondary and Vocational Education, or by an accredited high school.
d. Tuition and Related Expenses . The following are eligible expenses within the meaning of "Tuition and Related Expenses":
1) Tuition and/or class fees and/or registration fees charged by an educational institution;
2) Books required for the course;
3) Miscellaneous mandatory charges such as health service and/or identification cards. (Parking charges are not considered required expenses and will not be reimbursed).
e. Pre-Approval & Approval Procedures
1) An employee shall complete the first section of the City’s Tuition Reimbursement form and send it to the Human Resources Benefits Manager for pre - approval based on eligibility.
2) Upon course completion, obtain Department Head approval using the City Tuition Reimbursement form and re -submit to Human Resources Benefits Manager for approval of payment based on availability of funds, proof of expense payment and a transcript showing successful course completion.
3) Approval Process : Upon submittal, the Police Chief will note the recommendation and forward the application to the Human Resources Department for approval.
f. Reimbursement Procedure: Upon preliminary approval and successful completion of approved courses, employees may request reimbursement as follows:
1) Complete tuition reimbursement form.
2) Submit proof of payment of reimbursable items.
Resolution No. 2024-21
Exhibit "A"
116
Item6.
29 3) Submit school transcript indicating the grade achieved for the completed course.
3.30 – 3.31 Reserved
3.32 401(k)/457 Plans
The City and the Association agree to provide availability of, on behalf of employees, 401(k) and 457 plans. Administrative costs will be the responsibility of the City. Effective January 1, 2009, and for the duration of this MOU, the plan shall be funded by employee contributions only.
Resolution No. 2024-21
Exhibit "A"
117
Item6.
30 ARTICLE IV
Compensation
4.1 Base Pay
a. Pay schedules provide the amount of pay earned for one month of service at a specified step. Annual base pay is calculated by multiplying the monthly base by 12. b. The City calculates the Base Rate of Pay by dividing the monthly base pay amount by the number of regularly scheduled 173.33 hours of work in a month (2080 hours/year by 12 months) to achieve an hourly rate of pay.
c. Compensation will be paid as earned. Unless specifically addressed otherwise, compensation will be distributed over designated pay periods. d. In determining the hourly rate as herein provided, computations resulting in three or more decimal places shall be rounded to the nearest whole cent (two decimal places); thus, computations ending in 0, 1, 2, 3, and 4 will be rounded down, computations ending in 5, 6, 7, 8 or 9 will be rounded up.
e. Appendix A, Salary Ranges – January 2024, publishes the current pay by classification and step
f. Reserved.
g. The City reserves the right to make positive salary adjustments in response to recruitment and retention issues. All adjustments will be documented in the City’s compensation plan and will apply to all members in the classification. The Association shall have the right to request a salary adjustment.
h. All salary increases, including annual salary adjustments, when granted, shall be based on merit.
4.2 Pay Steps
a. The City standard pay schedule provides seven (7) steps. Each step provides a 5% increase in base monthly pay. Police Officers will become eligible for Step 7 on the beginning of the pay period closest to their 10th anniversary in the position of Police Officer with the City of Escondido and shall have one year of service in Step 6. The length of service required for advancement to the next higher step within a particular salary rate range is summarized as follows:
Resolution No. 2024-21
Exhibit "A"
118
Item6.
31 Step Service*
1 Base
2 12 months’ service in the previous step
3 12 months’ service in the previous step
4 12 months’ service in the previous step
5 12 months’ service in the previous step
6 12 months’ service in the previous step
7 12 months’ service in the previous step and ten years of service * All steps are merit increases.
b. New Hires. A new employee shall be paid the rate shown as Step "1" in the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional education, training and/or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on higher Step within the allocated salary rate range. Such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. c. Merit Advance. An employee is eligible for a merit increase every twelve months until the employee reaches the top salary step in their classification. Merit increases will only be given if the employee has satisfactory or better performance on the performance evaluation, is recommended for an increase by the Department Head and the recommendation is approved by the City Manager. With a substandard performance evaluation, a merit step increase can be withheld. Employee will be placed on an Individual D evelopment Plan (IDP) with a defined duration (3 months, 6 months, 12 months, etc.). At the completion of a successful IDP, employee will receive a new performance evaluation and will then be eligible for a step increase. A subsequent step increase would require 12 months’ service in the step.
d. At the discretion of the Chief of Police, lateral police officers, upon appointment to the position of Police Officer and commensurate with their law enforcement experience, may receive up to five years longevity credit to be applied to the 10 -year exper ience requirement for Step 7. Lateral police officers will become eligible for Step 7 on the beginning of the pay period closest to attaining the 10 -year experience requirement (service with the City of Escondido.) The additional longevity, as may be gr anted by the Chief of Police, applies to no other benefits offered within this MOU
4.3 – 4.4 Reserved
4.5 Pensionable Compensation
a. Pensionable compensation means the normal monthly rate of pay or base pay and (a) Must be for normally required duties, (b) Must be historically consistent with prior Resolution No. 2024-21
Exhibit "A"
119
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32 payments for the job classification, and (c) Must be reported periodically as earned.
Pensionable compensation is for services rendered on a full -time basis during normal working hours and will be paid based upon a publicly available pay schedule. [See 2 CCR 571, 2 CCR 571.1] Pensionable compensation also specifically excludes certain types of pay from being reported as pensionable compensation, including, bonuses, overtime, pay for additional services outside normal working hours, cash payouts for unused l eave (vacation, annual, sick leave, CTO, etc.), and severance pay, among others. b. Pensionable compensation may differ for CalPERS classic and new members. c. The City will report pensionable pay in accordance with California Public Employees’ Retirement law and CalPERS requirements. Any changes in CalPERS practices or reporting requirements will result in an offer to meet and confer on the proposed changes or their impacts.
d. Changes in California Public Employees’ Retirement Law and changes in CalPERS interpretation of California retirement law shall preempt any MOU language in conflict with the law or CalPERS regulatory interpretations including but not limited to policy letters.
e. Special Compensation . This section is organized by CalPERS designated categories; (1) Incentive Pay, (2) Educational Pay, (3) Premium Pay, (4) Special Assignment Pay and (5) Statutory Items.
4.5.1 Reserved
4.5.2 Education Incentive Pay
a. P.O.S.T. Certificate Pay
P.O.S.T Certificate Pay for both officers and sergeants is:
Intermediate Certificate: 4%
Advanced Certificate: 5.25%
An employee can earn either Intermediate or Advanced Certificate pay. Police Sergeants holding a P.O.S.T. Supervisory Certificate will receive 2% of base pay per month in addition to the P.O.S.T. Incentive Pay for Intermediate or Advanced certification. b. Educational Achievement Supplement
The City agrees to an Educational Achievement Supplement provided to those officers and sergeants holding the P.O.S.T. Intermediate Certificate and having completed probation with the Escondido Police Department. The Educational Achievement Supplement will be paid in addition to the incumbent’s P.O.S.T. Certification Pay. The
Resolution No. 2024-21
Exhibit "A"
120
Item6.
33 Educational Achievement Supplement will only apply when the educational achievement is greater than the requirements of the incumbent position.
Associate’s Degree 1% of base rate of pay
Bachelor’s Degree 2% of base rate of pay
4.5.3 Reserved
4.5.4 Special Assignment Pay
Special Assignment Pay includes a list of pay categories that meet CalPERS regulations for pensionable compensation and includes: Shift Differential Pay, Bilingual Pay, Detective Pay, and Training Pay.
a. Field Training Officer Assignment Pay. Field Training Officer Assignment Pay shall be an additional 5.0% to the base rate of pay.
b Bilingual Pay. Compensation for certified verbal bilingual officers and sergeants is $200.00 per month. An additional $75.00 per month shall be paid for certified written bilingual skills. The City agrees to “advanced” verbal bilingual pay compensation for officers and sergeants who score a minimum of Level 4 on the City’s bilingual testing criteria. These certified officers and sergeants are eligible to receive an additional $50.00 per month, for a total of $250.00 per month for advanced verbal bilingual skills.
The City reserves the right to establish eligible languages and the criteria for eligibility for this skill pay and shall verify through testing procedures developed by the City, that employees are eligible and qualified. This bilingual pay benefit shall only be authorized with the written approval of the Department Head.
c. Shift Differential. Officers and sergeants normally assigned to Swing and Mid Shifts will receive a shift differential of 2% of base rate of pay for all hours worked while assigned to the shift. Officers and sergeants normally assigned to Graveyard Shift will receive a shift differential of 4% of base rate or pay for all hours worked while assigned to the shift. d. Investigative Pay. Officers and sergeants assigned to the Investigations Division as their regular duty assignment will receive an additional 5% to the base rate of pay. At the discretion of the Chief of Police, officers and sergeants assigned in other investigative functions within the Police Department may also receive the additional 5% to the base rate of pay. Investigative pay is only effective during the time the employee is regularly assigned to said division or fulfilling an investigative assign ment as designated by the Chief of Police and will cease upon reassignment to a non-investigation duty. e. Special Weapons and Tactics (SWAT) Pay . Officers and sergeants assigned to the Special Weapons and Tactics (SWAT) Unit shall receive incentive pay of $100.00 per month.
Resolution No. 2024-21
Exhibit "A"
121
Item6.
34 4.5.5 Statutory Pay
Uniform Allowance . Classic CalPERS members receive uniform allowance in equal amounts per pay period. The total amount is $800 annually.
4.6 Non-Pensionable Compensation
The following categories of pay are not recognized by CalPERS as pensionable income under California law:
4.6.1 Overtime
a. Motorcycle Maintenance
1) Officers assigned to motorcycle duty shall receive an additional three and one half (3.5) hours each week worked to compensate for motorcycle cleaning and maintenance. Said time shall be counted as hours worked for overtime compensation purposes; this level of compensation is affirmed by the Bargaining Unit as appropriate to meet FLSA requirements.
2) By and through the Association, those unit members assigned to motorcycle duty agree that the above additional hours provided each week are reasonably necessary to provide for the cleaning and maintenance of the assigned motorcycle and that these additional “hours worked” are intended to compensate unit members assigned to motorcycle duty for all off duty hours spent cleaning and maintaining their assigned motorcycle, in compliance with the FLSA and interpretive cases and rulings. 3) The parties acknowledge that the FLSA, which governs the entitlement to compensation for motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty maintenance and cleaning d uties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned to motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9 th Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the requirements of the FLSA.
b. Canine Unit
1) The City and the Bargaining Unit Department agree to provide officers assigned Canine Handling Duty compensation in the form of four (4) hours of overtime compensation for every week assigned such duty. This level of compensation is affirmed by the Bargaining Unit as appropriate to meet FLSA requirements. 2) By and through the Association, those unit members assigned to canine duty agree that the above additional hours provided each week are reasonably necessary to provide for the care and maintenance of the assigned canine and that these additional “hours worked” are intended to compensate unit members assigned to canine duty for all Resolution No. 2024-21
Exhibit "A"
122
Item6.
35 off duty hours spent caring for and maintaining their assigned canine, in compliance with the FLSA and interpretive cases and rulings.
3) The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine care and maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty care and maintenance duties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned to canine duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9 th Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the requirements of the FLSA.
4.6.2 – 4.6.5 Reserved
4.6.6 PEPRA Members
Uniform Allowance
CalPERS New Members (PEPRA) receive uniform allowance in equal amounts per pay period. The total amount is $800 annually.
4.6.7 Out of Class Assignment Pay
Out-of-Class Compensation
An employee shall receive out -of-class compensation when working in a job class assignment higher than the current appointed class for a period in excess of 127.5 hours worked in the higher classification. An employee shall receive pay at 5% above their regular rate or the Step 1 of the out -of-class position, whichever is greater, commencing on the 127.6 hour of working out-of-class and for a period of no longer than six months at any one time.
4.6.8 One-time Stipend
All Association members performed essential work during the Covid -19 public health emergency. Upon contract approval, the City agrees to provide a one -time stipend of $2,000 for each employee who worked for the City of Escondido on or before April 10, 2023, during the Covid -19 public health national emergency. This compensation is not pensionable income but will be used to calculate over-time compensation.
Resolution No. 2024-21
Exhibit "A"
123
Item6.
36 Dated : Dated: ___________________________
For the City of Escondido: For the Escondido Police Officers' Association - Sworn Personnel:
Jessica Perpetua Mark Zeller
APPROVED AS TO FORM AND CONTENT:
CITY OF ESCONDIDO
By: _____________________________
Gary McCarthy
Assistant City Attorney
Resolution No. 2024-21
Exhibit "A"
124
Item6.
37 EXHIBIT "A"
Escondido Police Officers' Association
Sworn Bargaining Unit
Salary Ranges
Effective JANUARY 2023
Union Code: POL
Classification Police Officer Police Sergeant
Step 1 7,474 9,915
Step 2 7,848 10,411
Step 3 8,240 10,931
Step 4 8,652 11,478
Step 5 9,085 12,052
Step 6 9,539 12,654
Step 7 10,016
Resolution No. 2024-21
Exhibit "A"
125
Item6.
Revision Date: February 27, 2024 38
EXHIBIT B
SWORN POLICE
2024 BENEFIT SUMMARY
Benefit/Provider Monthly Contributions
Coverage Level City Pays Employee Pays
Kaiser HMO Employee Only
Employee + 1
Family
$529.16
$1,058.34
$1,494.46
$108.26
$216.50
$309.40
Kaiser HDHP w/HSA
Note: The City will contribute
to an employee’s HSA: $800 for
Employee Only coverage;
$1,600 for Employee + 1 or
Family coverage
Employee Only
Employee + 1
Family
$435.46
$870.90
$1,229.46
$78.72
$157.46
$225.64
Delta Preferred PPO Employee Only
Employee + 1
Family
$37.34
$36.02
$33.24
$0.00
$37.44
$92.72
DeltaCare DMO Employee Only
Employee + 1
Family
$22.16
$22.16
$22.16
$0.64
$18.70
$38.34
Anthem BlueView
Vision
Employee Only
Employee + 1
Family
n/a
n/a
n/a
$7.11
$12.72
$21.08
Critical Illness (The
Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on
age and coverage-See
Benefits
Accident –Low Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$5.20
$8.18
$8.55
$13.51
Accident – High Plan
(The Hartford)
Employee Only
Employee + Spouse
Employee + Children
Two Parent Family
n/a
n/a
n/a
n/a
$8.09
$12.74
$13.46
$21.19
Hospital Indemnity
Plan
(The Hartford)
Employee Only
Employee + Spouse
One Parent Family
Two Parent Family
n/a
n/a
n/a
n/a
Rates vary based on
age and coverage
ARAG – Legal Plan Plan Membership n/a $24.25
Supplemental Life
Insurance (The
Hartford)
Age rated coverage for self,
spouse and children
n/a Rates vary based on
coverage
Group Life Insurance
(The Hartford)
Basic Life and AD&D: $50,000
Dependent Life: $1,000
City pays full
cost
No cost to employee
Section 125
Pre-tax Premiums,
Medical and
Dependent Care
Flexible Spending
Accounts
Provider: TRI-AD
Employee may set aside tax-free FSA $
Annual minimum (both FSAs): $240
Medical FSA annual max: $3,050
Dependent FSA annual max: $5,000
Resolution No. 2024-21
Exhibit "A"
126
Item6.
Revision Date: February 27, 2024 39
SWORN POLICE
2024 BENEFIT SUMMARY
Benefit/Provider Description
Long Term Disability Peace Officers Research Association of California (PORAC) Retirement Plan
(CalPERS Defined Benefit
Plan)
Employee and Employer share the cost
Tier 1 Classic: 3% @ 50 Employee contribution rate = 12% Single Highest Year
Tier 2 Classic: 2% @ 50 Employee contribution rate = 12% 3 Year Highest Avg
Tier 3 PEPRA: 2.7% @ 57 Employee contribution rate = 14% 3 Year Highest Avg
401 (k), 457 and Payroll
Roth IRA Plans
(MissionSquare
Retirement)
Employee contributions to plans are optional
Health Insurance Waiver
Rebate
$75 per month for waiving at least one level of health insurance Holidays 10 per year
Plus, an additional 4 hours credited each October
Sick Leave Accrual 8 hours per month, no maximum accrual Effective March 3, 2024: 9 hours per month, no maximum accrual Annual Vacation Accrual Years of Service
1 to 5 102 hours
5 to 10 144.5 hours
10 to 15 187 hours
15+ 229.5 hours
Max Accrual: 2 ½ years
Work-Life Benefits Employee Assistance Program (EAP) – counseling services The Hartford – Travel Assistance & Identity Theft Program 529 College Savings Plan
Employee Discounts Gym Membership
Dell Computers
Apple Products
AT&T, T-Mobile and Verizon Cellphones
Working Advantage Program – entertainment discounts
Fun Express – entertainment discounts
Education Discounts: National University, Grand Canyon University and Waldorf University
Resolution No. 2024-21
Exhibit "A"
127
Item6.
STAFF REPORT
March 6, 2024
File Number 0170-57
SUBJECT
APPROVAL OF CALPERS INDUSTRIAL DISABLITY RETIREMENT FOR POLICE OFFICER JAY NORRIS
DEPARTMENT
Human Resources
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-14, approving the California Public Employees’ Retirement System (“CalPERS”) Service Pending Industrial Disability Retirement for Police Officer Jay Norris.
Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – Yes, internal requirement in support of police services.
COUNCIL PRIORITY –
FISCAL ANALYSIS
None.
PREVIOUS ACTION
None.
BACKGROUND
Mr. Norris filed for Industrial Disability Retirement on January 19, 2024, as a 50-year-old Police Officer.
He has been employed by the City of Escondido since August 9, 2004. The basis for Mr. Norris’s Industrial Disability Retirement application is confirmed by medical reports from Dr. Neil Tayyab.24681 Mr. Norris’s condition is orthopedic in nature ( lumbar, cervical, and th oracic spine). Accordingly, Mr. Norris is incapacitated within the meaning of the Public Employee’s Retirement Law for performance of his usual and customary duties in the position of Police Officer.
Under state law, CalPERS requires the City Council adopt a resolution stating that competent medical evidence supports the granting of an Industrial Disability Retirement. Based on medical evidence, staff 128
Item7.
recommends the City Council adopt Resolution No. 202 4-14, approving the CalPERS Industrial Disability Retirement for Officer Jay Norris to be effective February 28, 2024.
RESOLUTIONS
a. Resolution No. 2024-14
129
Item7.
RESOLUTION NO. 2024-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING THE CALPERS
INDUSTRIAL RETIREMENT FOR POLICE OFFICER JAY
NORRIS
WHEREAS, the City of Escondido (the “City”) is a contracting agency of the California Public Employees’ Retirement System (“CalPERS”); and
WHEREAS, the California Public Employees’ Retirement Law (Government Code Section § 20000 et seq.) (“California law”) requires that the City determine whether an employee classified as a local safety member is disabled for purpose s of the California law and whether such disability is “industrial” within the meaning of such law; and
WHEREAS, Jay Norris (“Employee”) filed an application with CalPERS on January 9, 2024, for a Service Pending Industrial Disability Retirement due to an orthopedic injury of the lumbar, cervical, and thoracic spine; and
WHEREAS, the Employee is employed by the City in the position of Police Officer; and WHEREAS, the City Council of the City of Escondido has reviewed the medical and other evidence relevant to this industrial disability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
130
Item7.
2. That the City Council does hereby find and determine that the Employee is incapacitated within the meaning of the California Public Employees’ Retirement Law for performance of his duties in the position of Police Officer.
3. That the City Council certifies Resolution No. 2024-14 in accordance with Government Code Section § 21156 that this determination was made on the basis of competent medical opinion, and was not used as a substitute for the disciplinary process.
4. That the Employee had filed a Workers’ Compensation claim for his disabling condition. The City accepted the Employee’s Workers’ Compensation claim.
5. That neither Employee nor the City of Escondido has applied to the Worker’s Compensation Appeals Board for a determination pursuant to Government Code Section § 21166 whether such disability is industrial.
6. That the Employee’s retirement date will be effective February 28, 2024, and his last day on paid status is February 27, 2024.
7. That there is not a possibility of third-party liability.
8. That the primary disabling condition is an orthopedic injury to his lumbar, cervical, and thoracic spine, and such injury arose out of and in the course of employment.
9. That there is competent medical opinion certifying the disabling condition to be permanent.
10. That based on information and belief, and on the information provided by City staff, the City Council certifies under penalty of perjury that all statements in this Resolution are true and correct. 131
Item7.
STAFF REPORT
March 6, 2024
File Number 0700-50
SUBJECT
APPROVE CONVERSION OF TWO TEMPORARY (GRANT -FUNDED) PROJECT MANAGE R POSITIONS TO
REGULAR FULL-TIME
DEPARTMENT
Development Services
RECOMMENDATION
It is requested that the City Council adopt Resolution No. 202 4-20 approving the conversion of two Project Manager position from temporary (Grant-funded) to regular full-time as necessary to support ongoing Capital Improvement Program delivery needs.
Staff Recommendation: Approval ( Chris McKinney , Deputy City Manager , and Julie Procopio, City Engineer)
Presenter: Jonathan Schauble, Principal Engineer
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure
COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
The FY24/25 budget includes two Project Manager positions that were approved as temporary positions through the end of 2026. Ongoing Capital Improvement Program (“CIP”) funding is forecast to range between $18 million and $22 million per year, which supports the ongoing need for additional project management capacity . The cost of the Project Manager positions is fully offset through allocations to Capital Improvement Projects.
BACKGROUND
On August 23, 2023, the City Council approved the addition of two temporary (grant -funded) project manager positions to the FY23/24 operating budget. In additio n, an existing, vacant Engineer I/II position was converted to a Project Manager regular full-time position. The regular full-time position was filled in January 2024. The grant funded positions remain open for recruitment.
132
Item8.
As discussed during the May 24, 2023 CIP Budget workshop, the City’s CIP has doubl ed in size in the past four years from $130 million in 2019 to $304 million in 2023. The number of projects exceeds the project management capacity of staff. While a large portion of the growth in the CIP has been due to grant funding sources, ongoing programs, including the Pavement Management Program, Storm Drain Rehabilitation Program, CDBG Capital Program, Local Roadway Safety Plan, and Traffic Management Projects List exceed staff’s current project management bandwidth. In addition, the Mobility Element update and Comprehensive Active Transportation Strategy (CATS) that are currently under development will result in a prioritized list of street improvement and active transportation supportive projects that will require management.
Current CIP staffing includes two Associate Engineers, two Project Managers, a Principal Engineer that supervises the CIP , and support staff . The conversion of Project Manager position s from temporary ( grant-funded) to regular full -time positions would assist with filling the current vacancies needed to deliver current grant -funded projects. In addition, these regular full-time staff members will be needed to manage anticipated upcoming projects that will result from the Mobility Element Update and CATS.
In addition to converting temporary Project Manager positions to regular full-time, staff expects to request City Council approval of a consultant contract to add Engineering design, construction management, and project management assistance to help support delivery of more than 40 CIP projects currently in progress. The cost of Project Managers will be fully allocated to CIP projects.
RESOLUTIONS
a. Resolution No. 2024-20
133
Item8.
RESOLUTION NO. 2024-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, A PPROVING CONVERSION
OF TWO TEMPORARY ( GRANT-FUNDED) PROJECT
MANAGER POSITIONS TO REGULAR FULL-TIME
POSITIONS
WHEREAS, the adopted Capital Improvement Program has doubled in size over the past four years resulting in inadequate project management capacity to deliver Capital Improvement Program projects in the timelines required by associated grant funding; and WHEREAS, on August 23, 2024, the City Council approved the addition of two temporary (grant - funded) Project Managers; and
WHEREAS, ongoing Capital Improvement Program revenues and a number of ongoing programs support the need for additional ongoing project management capacity; and WHEREAS, staff recommends that the two temporary (grant-funded) Project Manager positions be converted to regular full-time positions.
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 approves the conversion of two temporary (grant -funded) Project Manager positions to regular full-time positions.
134
Item8.
STAFF REPORT
March 6, 2024
File Number 0600-10; A-2651-1
SUBJECT
AMENDMENT NO. 1 TO THE 2003 AGREEMENT RELATING TO SUPPLEMENTAL WATER AMONG THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, THE SAN LUIS REY SETTLEMENT
PARTIES, AND THE UNITED STATES
DEPARTMENT
Utilities Department
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-24, authorizing the Mayor to execute, on behalf of the City of Escondido, Amendment No. 1 to the 2003 Agreement Relating to Supplemental Water Among the Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States (“MWD Exchange Agreement”).
Staff Recommendation: Approval (Utilities: Angela Morrow) Presenter: Angela Morrow, Interim Director of Utilities ESSENTIAL SERVICE – Yes, Clean Water
COUNCIL PRIORITY –
FISCAL ANALYSIS
There is no anticipated fiscal impact of the proposed amendment.
PREVIOUS ACTION
In 2003, the City Council authorized the Mayor to execute, on behalf of the City, the MWD Exchange Agreement.
In 2017, the City Council authorized the Mayor to execute, on behalf of the City, the “San Luis Water Rights Settlement Agreement” and related agreements.
On July 20, 2022, the City Council adopted Resolution No. 2022-102 authorizing the Mayor to execute, on behalf of the City, a letter amending Exhibit B of the MWD Exchange Agreement.
135
Item9.
BACKGROUND
The City of Escondido is among the San Luis Rey Settlement Parties as a party to the 2017 “San Luis Water Rights Settlement Agreement” (“Settlement Agreement”). The San Luis Rey Settlement Parties are also parties to the MWD Exchange Agreement. The MWD Exchange Agreement governs the delivery of Supplemental Water delivered to the San Luis Rey Indian Water Authority (“SLRIWA”), the City of Escondido, and the Vista Irrigation District via the distribution systems of the Metropolitan Water District of Southern California (“MWD”) and the San Diego County Wat er Authority (“SDCWA”) per the terms of the Settlement Agreement.
Under the San Luis Rey Indian Water Rights Settlement Act , the United States agreed to permanently furnish the San Luis Rey Settlement Parties: (1) a supply of up to 16,000 acre -feet of wate r conserved annually by lining certain previously unlined portions of the All American Canal and its Coachella Branch, and (2) a permanent supply of power capacity and energy through the Yuma Area Contractors to transport the Supplemental Water.
The Yuma Area Contractors provided M WD a notice of termination of the Financial Mechanism Agreement, which has served as the means of achieving the Yuma Area Contractors’ required provision of power capacity and energy as required under the MWD Exchange Agreement, and thus the need for the Amendment.
The MWD Exchange Agreement may be amended pursuant to Section 14 thereof, generally, and Section
4.b.1 specifically anticipates possible changes to the location where electrical energy provided by the Yuma Area Contrac tors is furnished to M WD. This amendment changes the delivery location of power capacity and energy from Gene Tie to Parker.
RESOLUTIONS
a. Resolution No. 2024-24
b. Resolution No. 2024 -24 – Exhibit “A”: Amendment No. 1 to the MWD Exchange Agreement.
136
Item9.
RESOLUTION NO. 2024-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, AMENDMENT
NO. 1 TO THE 2003 AGREEMENT RELATING TO
SUPPLEMENTAL WATER AMONG THE METROPOLITAN
WATER DISTRICT OF SOUTHERN CALIFORNIA, THE SAN
LUIS REY SETTLEMENT PARTIES, AND THE UNITED
STATES
WHEREAS, the City of Escondido (“City”) is a party to the 2017 San Luis Rey Water Rights Settlement Agreement (“Settlement Agreement”) and the 2003 Agreement Relating to the Supplemental Water Among the Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States (“MWD Exchange Agreement”); and
WHEREAS, the San Luis Rey Indian Water Righ ts Settlement Act authorized the United States to permanently furnish the San Luis Rey Settlement Parties : (1) a supply of up to 16,000 acre -feet of water conserved annually by lining certain previously unlined portions of the All-American Canal and its Coachella Branch or by constructing new canals, and (2) a permanent supply of power capacity and energy through the Yuma Area Contractors at no cost and at no further expense to the United States, the Settlement Parties, or the Indian Water Authority to transport the Supplemental Water; and WHEREAS, the Yuma Area Contractors wish to terminate the Financial Mechanism Agreement and enter into Amendment 1 to directly furnish power capacity and energy sufficient to convey 16,000 acre - fee of water annually and permanently, at no cost and no further expense to the United States, the Indian Water Authority, the San Luis Rey Settlement Parties, and Metropolitan in an amount not to exceed seven MW of capacity and 32,000 MWh of energy annually at Parker instead of Gene Tie 230-V; and 137
Item9.
WHEREAS, the Agreement Relating to Supplemental Water may be amended pursuant to Section 14 thereof, generally, and Section 4.b.1 specifically anticipates possible changes to the location where electrical energy provided by the Yuma Area Contractors is furnished to Metropolitan.
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 authorizes the Mayor to e xecute, on behalf of the City, Amendment No. 1 to the 2003 Agreement Relating to Supplemental Water Among the Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States in substantially the same format as Exhibit “A”, which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney.
138
Item9.
AMENDMENT NO. 1 TO
AGREEMENT RELATING TO SUPPLEMENTAL WATER
AMONG
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
THE SAN LUIS REY SETTLEMENT PARTIES, AND THE UNITED STATES This Amendment No. 1 to Agreement Relating to Supplemental Water ( “Amendment No. 1”), dated as of February 1, 2024, is made by and among The Metropolitan Water District of Southern California, a metropolitan water district organized and incorporated under the Metropolitan Water District Act of the State of California (Stats. 1969, Chapter 209, as amended), (“Metropolitan”), the United States of America (the “United States”), acting by and through its Secretary of the Interior (“Secretary”), the La Jolla, Pala, Pauma, Rincon, and San Pasqual Bands of Mission Indians, acting through the governing bodies of each respective Band as duly recognized by the Secretary (collectively, the “ Indian Bands”), the San Luis Rey River Indian Water Authority, a permanent intertribal entity established pursuant to duly adopted ordinances of the Indian Bands recognized and approved by Public Law 100-675 (the “Indian Water Authority”), the City of Escondido, a city organized under the provisions of the general laws of the State of California (“Escondido”), and the Vista Irrigation District, an irrigation district organized and incorporated under the irrigati on district law of the State of California (California Water Code, Division 11) (“ Vista”), and supplements and amends that certain Agreement Relating to Supplemental Water, dated October 10, 2003 (the “Agreement Relating to Supplemental Water”).
Each of the entities above is sometimes referred to individually as “ Party,” and all of the above are sometimes collectively referred to as “ Parties.” This Amendment No. 1 is further acknowledged by the Yuma Arizona Area Aggregate Power Managers as identified in Bureau of Reclamation Contracts numbered 6 -CU-30-P1136 and 6- CU-30-P1137 (“ Yuma Area Contractors”) and the Western Area Power Administration (“WAPA”).
RECITALS
WHEREAS, the San Luis Rey Indian Water Rights Settlement Act 1 authorized the United
States to permanently furnish, for the Indian Bands, Escondido, and Vista, collectively referred to as the “San Luis Rey Settlement Parties,” (1) a supply of up to 16,000 acre-feet of water conserved annually by lining certain previously unlined portions of the All- Am erican Canal and its Coachella
Branch or by constructing new canals, and (2) a permanent supply of power capacity and energy through the Yuma Area Contractors at no cost and at no further expense to the United States, the Settlement Parties, or the Indian Water Authority in an amount sufficient to convey the San Luis Rey Settlement Parties’ portion of the Conserved Water from Lake Havasu through Metropolitan’s 1 Title l of Public Law 100-675 enacted on November 17, 1988, 1 02 Stat. 4000-4005, title I (as amended by Section 117 of the Act of November 13, 1991, Public Law 102-154, 105 Stat. 990, 1012-1013; Section 11 of the Act of October 14, 1998, Public Law 105-256, 112 Stat 1896, 1899; and Section 211 of the Act of October 27, 2000, Public Law 106-377-Appendix B, 114 Stat. 1441, 1441A-70-144lA-71).
Resolution No. 2024-24
Exhibit "A"
139
Item9.
Colorado River Aqueduct and to the places of use on the Indian Bands’ reservations or in the service areas of Escondido and Vista; and
WHEREAS, the Yuma Area Contractors entered into a letter agreement with the Indian Water Authority, Escondido, and Vista dated October 10, 2000 ( “October 2000 Letter Agreement”), a copy of which is attached hereto as Exhibit A , under which the Yuma Area Contractors agreed to furnish power capacity and energy sufficient to convey 16,000 acre -feet of water annually and permanently, at no cost and at no further expense to the United States, the Indian Water Authority, and the San Luis Rey Settlement Parties in an amount not to exceed seven (7) megawatts ( “MW”) of capacity and 32,000 megawatt -hours ( “MWh”) of energy annually, contingent upon enactment of the amendment to Section 106 of the San Luis Rey Indian Water Rights Settlement Act, which later became what is popularly known as the Packard Amendment; and
WHEREAS, Metropolitan executed the Agreement Relating To Supplemental Water, but which did not include the Yuma Area Contractors as parties, through which electrical energy was to be provided, by the Yuma Area Contractors, to Metropolitan, at no cost and no further expense to Metropolitan, the United States, or the San Luis Rey Settlement Parties, pursuant to the October 2000 Letter Agreement; and
WHEREAS, the Yuma Area Contractors subsequently entered into a May 27, 2005 Amendment No. 1 to the Operating Contract for Parker -Davis Project Priority Use Power among the Bureau of Reclamation, the Western Area Power Administration, Wellton-Mohawk Irrigation and Drainage District, and Yuma County Water Users ’ Association (“Reclamation Contract No. 6- CU-230-P1138”), in which each Yuma Area Contractors is to serve the Packard Amendment Pumping Load
2; and
WHEREAS, Reclamation Contract No. 6 -CU-230-P1138 provides that the Yuma Area Contractors shall not be required to provide more than 2,000 kilowatt-hours per acre-foot of water pumped to serve the Packard Amendment Pumping Load; and WHEREAS, the Packard Amendment Pumping Load Point of Delivery (accounted for on the basis of schedules) was listed in Exhibit D to Reclamation Contract No. 6- CU-230-P1138 as:
Gene Tie 230-kV; and
WHEREAS, Metropolitan and the Yuma Area Contractors entered into Agreement No. 88218, dated October 11, 2007 (the “Financial Mechanism Agreement”), as an alternative means of achieving the Yuma Area Contractors ’ required provision of power capacity and energy as required under the Agreement Relating to Supplemental Water; and WHEREAS, the United States reviewed the Financial Mechanism Agreement and found it acceptable as performance of the Yuma Area Contractors ’ obligation to serve the Packard 2 Means the load served by the Yuma Area Contractors through aggregated efficiencies, for the benefit of the Settlement Parties, sufficient to convey up to 16,000 acre-feet of water per year from Lake Havasu through the Colorado River Aqueduct and to the places of use in accordance with the Settlement Act. The maximum amount of electrical power required to be provided by the Yuma Area Contractors is 2,000 kilowatt hours per acre-foot of water pumped.
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Amendment Pumping Load and indicated in a letter signed and provided as Exhibit B to this Amendment No. 1;
WHEREAS, the Yuma Area Contractors wish to terminate the Financial Mechanism Agreement and enter into Amendment No. 1 to directly furnish power capacity and energy sufficient to convey 16,000 acre -feet of water annually and permanently, at no cost and at no further expense to the United States, the Indian Water Authority, and the San Luis Rey Settlement Parties, and Metropolitan in an amount not to exceed seven (7) MW of capacity and 32,000 MWh of energy annually at Parker instead of Gene Tie 230-kV.
WHEREAS, the Agreement Relating to Supplemental Wa ter may be amended pursuant to Section 14 thereof, generally, and Section 4.b.1 specifically anticipates possible changes to the location where electrical energy provided by the Yuma Area Contractors is furnished to Metropolitan;
NOW, THEREFORE , in order to amend and supplement the Agreement Relating to Supplemental Water and for and in consideration of the premises and the mutual covenants contained herein, and for other valuable consideration, the receipt whereof is hereby acknowledged, the Parties agree as follows:
Section 1. Amendments to the Agreement Relating to Supplemental Water. Section 4.b.i. is hereby amended and supplemented in its entirety as follows:
i. E lectrical energy provided by the Yuma Area Contractors pursuant to their letter agreement with the Settlement Parties dated October 10, 2000 and/or the Packard Amendment, shall be furnished to Metropolitan from Parker Dam at the 230 -kV Parker bus, pursuant to the Metering and Scheduling Instructions for Contract No.
ILR-712, dated as of January 1, 2024, by and among the United States Department of the Interior Bureau of Reclamation, Metropolitan, and the Western Area Power Administration, or other mutually agreed upon location, at no cost and at no further expense to Metropolitan, the United States, or the Settlement Parties, 2,000 kWh of electrical energy for each acre -foot of water exchanged each year (up to 7MWs capacity and 32,000 MWh annually).
Section 2.
Definitions. Unless this Amendment No. 1 otherwise requires, the terms defined herein shall, for all purposes of this Amendment No. 1, have the meanings ascribed thereto in the Agreement Relating to Supplemental Water.
Section 3. E
ffect on the Agreement Relating to Supplemental W ater. Except as specifically amended and supplemented by this Amendment No. 1, the Agreement Relating to Supplemental Water shall remain in full force and effect and is hereby ratified and confirmed by the Parties.
Section 4. Effective Date. This Amendment No. 1 shall take effect on March 1, 2024.
Section 5. Captions. The captions in this Amendment No. 1 are for convenience only and do not define or limit the scope or intent of any provisions or Sections of this Amendment No. 1.
Resolution No. 2024-24
Exhibit "A"
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Section 6. Counterparts. This Amendment No. 1 may be signed in several counterparts, each of which will be an original, but all of them together constitute the same instrument. The parties agree that any electronically signed document (including this Amendment No. 1) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed , and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed the day and year first above written.
UNITED STATES OF AMERICA
By:______________________
Regional Director
Interior Region 8, Lower Colorado Basin
US Bureau of Reclamations
Approved as to form: By:______________________
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By:______________________
General Manager
Approved as to form: By:______________________
General Counsel
SAN LUIS REY REIVER INDIAN WATER
AUTHORITY
By:______________________
Approved as to form: By:______________________
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LA JOLLA BAND OF MISSION INDIANS
By:______________________
Approved as to form: By:______________________
RINCON BAND OF MISSION INDIANS
By:______________________
Approved as to form: By:______________________
SAN PASQUAL BAND OF MISSION
INDIANS
By:______________________
Approved as to form: By:______________________
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PAUMA BAND OF MISSION INDIANS
By:______________________
Approved as to form: By:______________________
PALA BAND OF MISSION INDIANS
By:______________________
Approved as to form: By:______________________
CITY OF ESCONDIDO
By:______________________
Approved as to form: By:______________________
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VISTA IRRIGATION DISTRICT
By:______________________
Approved as to form: By:______________________
ACKNOWLEDGED BY:
WELLTON-MOHAWK IRRIGATION &
DRAINAGE DISTRICT
By:______________________
President
YUMA COUNTY WATER USERS
ASSOCIATOIN
By:______________________
WESTERN AREA POWER
ADMINISTRATION
By:______________________
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EXHIBIT A
October 10, 2000, Letter Agreement
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Exhibit "A"
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Resolution No. 2024-24
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EXHIBIT B
October 2, 2007, Letter from the United States
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United States Department of the Interior
BUREAU OF RECLAMATION
IN REPLY REFER TO
BCOO-4800
PRJ-18.00
Mr. Jeffrey Kightlinger
General Manager
The Metropolitan Water District
of Southern California
P.O. Box 54153
Lower Colorado Regional Office
PO. Box 61470
Boulder City, NV 89006-1470
OCT o 2 2007
Los Angeles, California 90054-0153
e,:.-.~
~
TAKE PRIDE'
INAMERICA
Subject: The Bureau of Reclamation Acceptance of the Proposed Agreement Between The Metropolitan Water District of Southern California (MWD) and the Aggregate Power Managers
Per your request, Reclamation has completed review of the enclosed subject Agreement and wishes to signify herein our acceptance and encouragement to move forward with its execution.
Reclamation believes the implementation of the subject Agreement would fully support the rights, responsibilities, and obligations of the United States' under the Settlement Act2 and would be appropriate in light of preexisting contractual arrangements. Reclamation views the subject Agreement to be superior to arrangements previously evaluated since it avoids anticipated costs to the Settlement Parties3 and it resolves many complicated issues more effectively and plainly.
Reclamation accepts the implementation of the subject Agreement as fully satisfying the Aggregate Power Managers' obligation to serve the Packard Amendment Pumping Load4 and agrees that the subject Agreement does not modify the obligations of Reclamation in the event of a default by the Aggregate Power Managers or termination of the subject Agreement. In such an event, the Aggregate Power Managers would continue to be responsible to the United States for serving the Packard Amendment Pumping Load at the Gene Tie 230-kV point of delivery or other mutually agreeable delivery point.
1 Means the Department of the Interior,
2 Means the San Luis Rey Indian Water Rights Sertlement Act, Act of November 17, 1988 (Public Law 100~675, 102 Stat. 4000, et seq.) as amended by Section 117 of the Act of Nowmber 13, 1991, Public Law I 02-154, I 05 Stat. 990, 1012-1013; Section 11 of the Act of October l 4, 1998, Public Law 105-256, 112 Stat. 1896, 1899; and Section 211 of the Act of October 27. 2000. Public law 106-377-Appcndix B, 114 Stat. 1441A-70, 71, popularly refeITed to as the Packard Amendment
.;. Means the San Luis Rey River Indian Water Authority, City of Escondido, Vista Irrigation District, and La Jolla, Pala, Pauma, Rincon, and San Pasqual Bands of Mission Indians. ~ Means the load served by the Aggregate Power Managers through aggregated efficiencies, for the benefit of the Settlement Parties, sufficient to convey up to 16,000 acre-feet of warer per year from Lake Havasu through the Colorado River Aqueduct and to the places of use in accordance with the Settlement Act. The maximum amount of electrical power required to be provided by the Aggregate Power \1anagers is 2,000 kilowatt hours per acre foot of water pumped.
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Reclamation wishes to express its sincere appreciation for the efforts devoted to the subject Agreement by MWD and Aggregate Power Managers. Should you have questions, comments, or concerns, please direct them to Mr. Ron Smith at 702-293-8636 or [email protected].
Enclosure
Sincerely, ·1
' _7;ri:~ _lt,y
·- Lorri Gray (
Regional Director
2 Resolution No. 2024-24
Exhibit "A"
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STAFF REPORT
March 6, 2024
File Number 0600-10; A-3496
SUBJECT
PURCHASE TWENTY-TWO (22) FORD PATROL UTILITY VEHICLES
DEPARTMENT
Police Department
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-18 authorizing the Police Department to purchase up to $1,270,000 of Ford Police Utility Vehicles from Peoria Ford PFVT Motors, LLC and to approve the disposal of the surplus vehicles via auction.
Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, Police Services
COUNCIL PRIORITY – Improve Public Safety
FISCAL ANALYSIS
City Council previously approved the purchase of twenty five (25) replacement patrol vehicles from Downtown Ford Sales of Sacramento. Funding was authorized in the amount of $1,107,211.13 on January 12, 2022 through Resolution No. 2022 -15. Due to supply ch ain issues, Downtown Ford Sales of Sacramento was unable to fulfill the order, after two years of delays. Staff has located a new vendor that can immediately provide twenty two (22) patrol vehicles. The previous order from Downtown Ford Sales of Sacramento will be fulfilled by the end of 2024.
Total cost of the purchase will not exceed $1,270,000. Sufficient funds were budgeted and are available in the Fleet Services Vehicle Replacement Fund, account no. 5208-653-715.
The funds generated by the auctio n sale of the patrol vehicles being replaced will be deposited into the Fleet Reserve Fund. The potential revenue generated by the disposal of the surplus property is unknown until the results of the auction are returned to the City of Escondido.
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BACKGROUND
The City needs to replace a total of forty -nine (49) police patrol vehicles. Council action is needed to approve the immediate purchase of twenty-two (22) vehicles.
The life expectancy of a patrol vehicle is eight (8) years. This purchase is necessary to immediately replace twenty-two (22) patrol vehicles that have been in service for more than ten (10) years. Vehicles older than eight (8) years are more expensive to operate, less reliable for the officers driving them, and harder for Fleet Staff to maintain.
Public Safety Operations
Operationally, shortages of available patrol vehicles are mostly based on the inability to repl ace aging vehicles due to the current delays in vehicle production over the last few years. The previous order of 25 patrol vehicles approved by Council in January of 2022, has yet to be produced by Ford. This two -year delay in production has increased the vehicle downtime, increased the number of vehi cles that have surpassed their service life expectancy, and directly affects vehicle availability, efficacy, and officer safety.
Repairs necessary to keep the current Patrol Fleet running has increased dramatically.
Supply Chain Issues Affecting Acquisition of Patrol Vehicles Due to supply chain constraints in the automobile industry, the patrol vehicles will be ordered with non- hybrid powertrains. Ford is not offering pricing for the 2025 Hybrid Interceptor until late in 2024, and there is high probability the hybrid powertrain will not be offered at all in 2024 for the 2025-year model.
City Council Action
It is requested that the City Council adopt Resolution No. 2024-18, approving the immediate purchase of twenty two (22) patrol vehicles that are available from Peoria Ford PFVT Motors, LLC. City Council approval will provide twenty-two (22) Ford Patrol Utility Vehicles to be promptly purchased from Peoria Ford PFVT Motors LLC. The proposed purchase includes: nineteen (19) POLICE INTERCEPTOR PG C17293, unit cost of $52,480 , two (2) POLICE RESPONDER PK F78446 , unit cost of $56,470, and one (1) POLICE INTERCEPTOR PG B98666, unit cost of $52,860. Total cost will not exceed $1,270,000.
Pursuant to the Escondido Municipal Code, Chapter 10, Article 7, Section 10-147, City property that is no longer required for public use and is declared as surplus property. The City’s current practice of disposing of surplus vehicles and equipment is through public auction. Staff recommends the disposal of the vehicles being replaced by this purchase via public auction with the City-contracted auction company.
RESOLUTIONS
Resolution No. 2024-18
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R ESOLUTION NO. 2024-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE
PURCHASE OF TWENTY-TWO ( 22) FORD PATROL
UTILITY VEHICLES FROM PEORIA FORD PFVT MOTORS
LLC, AND AUTHORIZING THE DISPOSAL OF THE
SURPLUS VEHICLES VIA AUCTION
WH
EREAS, the Fleet Services Division of the Public Works Department is purchasing twenty-two (22) P
olice Patrol Utility Vehicles; and
WHEREAS, staff recommends purchasing twenty -two (22) Police Patrol Utility Vehicles from Peoria Ford PFVT Motors LLC in the amount up to $1,270,000, which includes sales tax, delivery, and all other associated fees; and
WHEREAS, staff evaluated the current Patrol Vehicles and determined the twenty -two (22) purchased vehicles will replace those that have exceeded their standard life expectancy of eight (8) years; and
WHEREAS, staff confirmed the need for replacement of the existing Patrol Vehicles due to their current age, mileage, engine hours, and mechanical condition; and WHEREAS, Ford Motor Company is the manufacturer of the vehicles; and WHEREAS, Peoria Ford PFVT Motors LLC is the dealership who has pursuit rated vehicles available; and
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WHEREAS, the City Council desires at this time, and deems it to be i n the best public interest, to authorize the purchase from Peoria Ford PFVT Motors LLC ; and WHEREAS, the existing vehicles being replaced by this purchase are deemed surplus property and are no longer required for public use; and
WHEREAS, the City Council desires at this time, and deems it to be i n the best public interest, to accept the recommendations and approve the disposal of the surplus vehicles via public auction.
N OW, THEREFORE, BE IT RESOLVED , by the City Council of the Ci ty of Escondido, California, as follows:
1. Th at the above recitations are true.
2. That the City Council approves Resolution No. 2024 -18 authorizing the Fleet Services Division of the Public Works Department to purchase twenty -two (22) Ford Police Patrol Utility Vehicles from Peoria Ford PFVT Motors LLC in the amount up to $1,270,000, which in
cludes sales tax, delivery, and all other fees.
3. That the City Council authorizes the Fleet Services Division to dispose of the surplus vehicles that are being replaced by this purchase via public auction with the City contracted auction company.
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ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, REPEALING ESCONDIDO
MUNICIPAL CODE CHAPTER 33, ARTICLE 40, SECTION 33-
791, HISTORIC PRESERVATION COMMISSION
The City Council of the City of Escondido, California does ordain as follows:
SECTION 1. The City Council makes the following findings:
a) That Escondido Municipal Code Chapter 33, Article 40, Section 33 -791, Historic Preservation Commission is hereby repealed.
SECTION 2. SEVERABILITY. 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.
SECTION 3. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. 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 for the City of Escondido.
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STAFF REPORT
March 6, 2024
File Number 0697-20-10293
SUBJECT
LONG-FORM RENT REVIEW BOARD HEARING FOR TOWN AND COUNTRY CLUB MOBILEHOME PARK (CASE/FILE # 0697-20-10293)
DEPARTMENT
Community Development Department, Housing and Neighborhood Services Division
RECOMMENDATION
Request the City Council conduct a public hearing, consider the Long -form rent increase application submitted by Town and Country Club Mobilehome Park as well as the Town and Country Long-Form Rent Increase Analysis provided by RSG , approve an increase in accordance with the factors set forth in the Escondido Mobilehome Rent Control Ordinance and the Mobilehome Rent Review Board Guidelines , and if approved, adopt Rent Review Board Resolution No. RRB 2024-28.
Staff Recommendation: Approval (Community Development: Chris McKinney) Presenter: Danielle Lopez, Housing and Neighborhood Services Manager ESSENTIAL SERVICE – No
COUNCIL PRIORITY –
FISCAL ANALYSIS
Staff time and resources were expended to process the long-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. Consultant fees were paid for by the mobilehome park. No additional fiscal impact was incurred by the City.
PREVIOUS ACTION
On October 25, 2017, a short-form application was received and approved, based on 75% of the change in CPI between December 2014 and December 2016 (3.339 percent and $14.30 average increase)
BACKGROUND
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 158
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on a mobilehome rent control space, they must file an application with the City and obtain approval from the Mobilehome Rent Review Board (“Board”). This Board is an independent body comprised of the City of Escondido Councilmembers.
At a public hearing, eleven nonexclusive factors are considered: (1) changes in the Consumer Price Index (“CPI”); (2) the rent charged for comparable mobilehome spaces in Escondido; (3) the length of time since the last rent increase; (4) the cost of any capital improvements related to the spaces at issue; (5) changes in property taxes; (6) changes in any rent paid by the park owner for the land; (7) changes in utility charges; (8) changes in operating and maintenance expenses; (9) the need for repairs other than for ordinary wear and tear; (10) the amount and quality of services provided to the affected tenant; and (11) any lawful existing lease. (Escondido Municipal Code section 29-104(g)). Over time, this application became known as the “Long-form” application.
In 1997, the Board adopted changes to the Mobilehome Rent Review Board Guidelines to allow for the acceptance of a “short-form” application. The short-form is an abbreviated and less administratively burdensome application process for park owners and City staff. Through a short-form application, a park owner can request a rent increase based solely on the change in CPI.
There have been very few long-form hearings in Escondido, as most park owners have taken advantage of the voluntary “short form” process provided in the City’s mobilehome park regulations. However, for previous long-form rent increase applications, the City retained a consultant to provide an expert analysis of the application and 11 factors to be considered. Prior to the last long-form application in January 2024, where the City contracted with RSG, the City retained Dr. Kenneth Baar to provide an expert analysis of each application pursuant to the criteria set forth in the Ordinance. To calculate the just, fair, and reasonable rent increases for each of those applications, Dr. Baar used the Maintenance of Net Operating Income (“MNOI”) methodology. Dr. Baar stated the following about the MNOI methodology , “Since the mid-1990’s, the Escondido Rent Board has usually used an MNOI standard in order to determine allowable rents and the courts have upheld the use of this type of standard. Under the MNOI standard, park owners have a right to rent increases that cover operating cost increases and provide growth in ne t operating income indexed by an inflation factor.” Additionally, Dr. Baar states, “While the Escondido ordinance does not set forth a specific fair return standard, the criteria set forth in the Escondido ordinance support the use of an MNOI standard. A prominent commonality among the criteria is that they relate to increases in park operating expenses and inflation (the Consumer Price Index), factors which are central under the MNOI standard.”
For this long -form application, City staff have again contracted with RSG, a local redevelopment and community development consulting firm, to provide an expert analysis of the park owner’s application pursuant to the criteria for evaluation of a fair return which are set forth in the Ordinance. For over 40 years, RSG has been a leading redevelopment and community development consulting firm working with well over 100 cities and counties each year to build and implement strategies around housing, economic 159
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development, real estate, and fiscal health. City staff requested that RSG continue the use of the MNOI methodology to calculate the just, fair, and reasonable rent increase for this Application. A detailed explanation of this methodology and the resulting recommended increase can be found in RSG’s Town and Country Long-Form Rent Increase Analysis attached (Attachment “4”).
This is a hearing of a long-form application for a rent increase from Town and Country Club Mobilehome Park (“Town and Country ” or “Park”). The Board is asked to accept this report and att achments, hear public testimony, and make a determination concerning the rent increase request in accordance with the factors set forth in the Escondido Mobilehome Rent Control Ordinance, Article V of Chapter 29 of the Escondido Municipal Code (the “Ordinance”) and the Mobilehome Rent Review Board Guidelines.
THE RENT INCREASE APPLICATION:
Town and Country (“Park”), is a senior park, located at 2280 East Valley Parkway. The Park has a total of 155 spaces with 1 54 spaces subject to rent control. The Park is requesting an increase for 1 54 rent- controlled spaces. The Applicant is not requesting a rent increase for Space 67, which is designated for the on-site manager. The Park's amenities include a clubhouse, outdoor spa and swimming pool, fitness center, saunas, billiard room, ping pong tables, laundry facility, and RV parking.
Town and Country submitted a long-form application on August 8, 2022. On January 16, 2024, City staff received the final revised version of the original application. (Attachment 1) The Park is requesting a rent increase reflective of 60 percent of the increase in the Consumer Price Index (“CPI”) since 2016 or 19.22 percent. A 19.22 percent increase would result in increases ranging from $49.33 to $146.33 per month per space.
Section 29-104(g) of the City’s Mobilehome Rent Control Ordinance (City of Escondido Municipal Code Chapter 29, Article 5) (“Ordinance”) requires the Mobilehome Park Rental Review Board (“Board”) to consider at least 11 factors in the long-form mobilehome rent increase application process. However, the Applicant did not provide sufficient documentation for RSG to analyze 3 of the 11 factors referenced in the Ordinance. The three factors that RSG could not analyze due to ins ufficient documentation are (1) changes in property taxes, (2) changes in utility charges, and (3) changes in reasonable operating and maintenance expenses. The Applicant purchased the Park in May of 2022 and stated that they were not provided complete expense documentation by the previous Park owners.
The Original Application included a request for a rent increase based on the change in Park operating expenses since 2016, capital improvement expenditures, and change in CPI, but after RSG and City staff deemed the expense documentation incomplete, the Applicant ultimately amended their application to request a rent increase based only on the change in inflation since 2016 (as measured by the CPI).
Regarding the capital expenditures, in December 2023, the Applicant was informed by the previous owner that all the capital improvement expenditures included in the application were funded through grants. 160
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Accordingly, the applicant withdrew the request for a r ent increase based on capital improvement expenditures prior to submitting their final application.
Note that the Applicant’s withdrawal of the request for a rent increase based on the change in Park operating expenses and capital improvements benefits the residents (i.e., results in a lower rent increase), unless Park operating expenses have decreased since 2016, which is unlikely.
If the Board is not amenable to granting the Applicant’s request for a rent increase based on the change in inflation since 20 16, given that the Applicant did not provide sufficient documentation for RSG to analyze 3 of the 11 factors referenced in the Ordinance, the Board may want to consider approving a lesser amount. The maximum rent increase that would be allowable under the short-form rent increase application process, would be equal to 8.00 percent per space per month for the 154 spaces included in the Application. An 8.00 percent increase would range from $20.53 to $60.91 per space per month, with an average of $46.43.
TIMELINE:
As stated previously, the Applicant purchased the Park on May 6, 2022. The Applicant then submitted the Original Application on August 8, 2022, which was approximately one year and seven months (or 576 days) prior to the Board hearing on March 6 , 2024. In the 576 -day period, RSG issued six letters deeming the materials submitted by the Applicant incomplete and the Applicant submitted a revised application four times. A detailed breakdown of the 576 days and the issues noted in each of the six incomplete letters, is provided in RSG’s Town and Country Long-Form Rent Increase Analysis attached (Attachment “4’).
The Town and Country long-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 to post the application online on the Housing & Neighborhood’s website to promote transparency and remove potential barriers to access.
City staff mailed a notice to residents on February 26, 2024, again informing them of the March 6, 2024 City Council Meeting (Attachment “3”).
RESIDENT MEETING AND COMMENTS:
Individual notices were sent to each affected resident on February 5, 2024 notifying them of the rent increase application, the resident meeting, scheduled at the Park’s clubhouse on February 12, 2024, and the hearing date (Attachment “2”). Code Compliance staff were present to answer any questions at the meeting and conducted the lighting inspection after. Seventy residents, Park management and City staff attended the resident meeting. The application, recommendation, and long -form hearing procedures were discussed with the resident in attendance. A resident representative was identified. No code issues were reported during the resident meeting. However, several residents expressed concerns that the 161
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amount of the increase proposed by the Park was too high and would ca use financial hardship for the residents, potentially forcing them to move out or even become homeless. Other concerns included the long time frame that was being considered (2016 -2023), and the fact that the increase applied to everyone, including the residents who just recently moved in. With that said, the residents expressed that they were very happy with the new management, stating that they were very responsive to requests and maintenance needs. Management and the residents were encouraged to meet to discuss conditions at the Park and resolve any management issues regarding individual spaces.
CODE ENFORCEMENT INSPECTION:
On February 12, 2024, a lighting inspection was conducted by the Code Compliance Division; two lighting violations were identified. On February 13, 2024, an inspection of the common areas of the Park was performed by the Code Compliance Division, Housing and Neighborhood Services Manager, and Park management. There were six general Park violations identified. A copy of the Code Report (“Report”) is attached (Attachment “5”). The owner and Park manager received a copy of the Report. No rent increase may take effect until all code violations are corrected. As of February 2 7, 202 4, all violations were corrected.
ADDITIONAL FACTORS AFFECTING THE APPLICATION:
In conformance with the Rent Review Board 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 Applicant and effected residents immediately upon adoption of the Resolution. Park owners and management must give a 90 -day notice of any rent increase to affected residents upon the adoption of the Resolution.
RESOLUTIONS
a. Resolution No. RRB-2024-28
ATTACHMENTS
a. Attachment “1” – Long-Form Mobilehome Park Application for Space Rent Increase b. Attachment “2” – Resident Long-Form Letter Notification c. Attachment “3” – Resident Notice of Public Hearing
d. Attachment “4” – RSG’s Town and Country Club Park Long-Form Rent Increase Analysis e. Attachment “5” – Code Compliance Inspection and letter clearing violations 162
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RESOLUTION NO. RRB 2024-28
A RESOLUTION OF THE CITY COUNCIL /MOBILEHOME
RENT REVIEW BOARD OF THE CITY OF ESCONDIDO,
CALIFORNIA, AUTHORIZING A RENT INCREASE FOR
TOWN AND COUNTRY CLUB MOBILEHOME PARK
(File Number: 0697-20-10293)
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 long-form rent increase application was filed on August 8, 2022 (“Application”) by Kleege Enterprises, the owner of the rental spaces in Town and Country Club Mobilehome Park (“Park”).
Town and Country is a senior park located at 2280 E. Valley Pkwy, Escondido; and WHEREAS, the Application was deemed complete by City staff on January 22, 2024; and WHEREAS, this is the fourteenth 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 201 7-04 on October 25, 2017, for an increase of 3.339 percent which amounted to an average increase of $14.30 per space, per month; and
WHEREAS, the average monthly rent per affected space in the Park is $580.43 for the 154 spaces requested for a rent increase. Using the Rent Review Board Guidelin es for a Long -Form application, 60 percent of the change in CPI since 2016 would equal 19.22 percent; and 163
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WHEREAS, the City staff have contracted with RSG, a local redevelopment and community development consulting firm, to provide an expert analysis of the Park owner’s Application pursuant to the criteria for evaluation of a fair return which are set forth in the Ordinance; and WHEREAS, RSG has prepared its Town & Country Club Park Long -Form Rent Increase Analysis Report dated February 8, 2024 (“Report”), wherein it evaluates the ParK’s Application and the evidentiary support for the eleven (11) non-exclusive factors to be considered by the Board in determining just, fair, and reasonable rent increases, pursuant to Section 29-104(g) of the Ordinance; and WHEREAS, a notice of the Park's Application was mailed to all affected homeowners on February 5, 2024. 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 February 26, 2024; and
WHEREAS, on February 14, 2024, a Mobilehome Park Rent Review Code Compliance Inspection Report ("Inspection Report") was completed. The Inspection Report noted six general Park violations and two park lighting violation; and
WHEREAS, on February 27, 2024, Code Compliance completed a reinspection of the Park and all violations were cleared; and
WHEREAS, on March 6, 2024, the Board held its public hearing. After an initial staff presentation, including a review of the Report, the Board invited test imony from Park ownership, the Residents 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 discussion among the Board members, and clarifying questions to the parties 164
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and staff, the Board voted to grant a permanent rent increase of up to ___________ per space, per month, for the 154 spaces included in the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, serving in its role as the Mobilehome Park Rent Review Board, as follows:
1. That the above recitations are true.
2. That the Board finds that the Town and Country Club Mobilehome Park long -form Application is consistent with the Guidelines, and approves a rent increase in the amount of ____________________, for the 154 rent-controlled spaces in the Park.
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CITY OF ESCONDIDO
201 North Broadway
Escondido, CA 92025-2798
(760) 839-6265
APPLICATION FOR MOBILE HOME SPACE RENT INCREASE
Park Name Town & Country Club Park -------�------------- Address 228 0 E Valley Pkwy, Escondido, CA 92 027
Owner Kleege Enterprises
Address 12 625 High Bluff Dr
Representative George Gregory
Telephone _________ _
Telephone 858-481-3 081
Telephone 858-481-3 081 * 104
Email [email protected]
Address 1262 5 High Bluff Dr #310 San Diego CA 9213 0 ·----�'----------"------------------------ (If other lha11 ow11er; all City correspo11de11ce will be addressed to this perso11) Number of spaces in park __ 1_5_5 __
Year park opened --------1968
Indicate number of spaces occupied by:
Triple-wide ___ n_o_n_e ____ _
Number of spaces affected by the proposed increase __ 15_4 __ _ Date of ownership ___ 0"--5"-/-=-06=--/-=2-=-0cc.22=-------------- Double-wide 154 ---=-=------ Single-wide ______ _
How many are affected by the proposed increase?
Triple-wide ___ n_o_n_e ____ _ Double-wide-------153 Single-wide ______ _ Briefly describe the park (include amenities and services provided without additional charge). Attach additional pages if more space is needed.
Beautiful 155 space 55+ Mobile HomePark. It has beautiful mountain views. It has a clubhouse, outdoor spa and swimming pool, fitness center, a sauna in men's and women's restroom, billiard room, ping pong tables, and laundry facility.
Revised 4/20 I 7
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RENT REVIEW CRITERIA
Explain reasons for requesting a rent increase using the criteria set forth in the Rent Protection Ordinance as a guideline. Provide any other information you wish the Board to consider. Attach additional pages if more space is needed. Put NIA if not applicable for a given criteria.
I. Changes in the Consumer Price index (CPI) for all urban consumers in San Diego Metropolitan Area published by the Bureau of Labor Statistics. CPI-U index figures from 1999 to the present are:
Year !st Half 2nd Half
1999 171.7 173.9
2000 179.8 185.8
2001 I 90.1 192.4
2002 195.7 200.0
2003 203.8 206.7
2004 211.4 214.3
2005 218.3 222.9
2006 226.7 229.6
2007 231.870 234.772
2008 242.440 242.185
2009 240.885 243.655
2010 244.242 246.686
2011 252.451 253.368
2012 256.637 257.285
2013 258.955 261.679
2014 265.251 265.039
2015 267.346 271.526
The annual CPI for 2017 is 3.3%. The annual CPI for 2018 is 3.4%. The annual CPI for 2019 is 2.4%.
The annual CPI for 2020 is 1.5%May 2021 CPI is 5.3%. May 2022 CPI is 8.3%.
2. The rent lawfully charged for comparable mobilehome spaces in the City of Escondido.
Files attached
3. The length of time since either the last long-form hearing and final determination by the Board on a rent increase application or the last increase if no previous rent increase application has been made. (Information should be included/or the period since last application was determined complete as per guidelines adopted by RRB Resolution 94-12.)
Ibe last rent increase was in October 25th 201 Z by 3.339 % Revised 4/2017
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Housing & Neighborhood Services Division
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
www.escondido.org/housing-and-neighborhood-
services
February 5, 2024
Re: Long-form Rent Increase Application Submitted by Town & Country Mobile Home Park Dear Resident:
A long-form application for a rent increase for your Park has been received and determined to be complete.
This letter is to inform you about:
1) RESIDENT MEETING
• Date: Monday February 12, at 6:00 p.m.
• Location: Park Clubhouse
• Purpose: To discuss the long-form hearing process, answer any questions, and select a resident representative.
2) RENT REVIEW BOARD HEARING
• Date: March 6, at 5 p.m.
• Location: City Council Chambers, 201 North Broadway, Escondido, CA 92025 3) HOW THIS MAY IMPACT YOU
• The park is requesting a 19.22% increase
• Average Increase per space per month: $111.56
• Average Rent for rent controlled spaces after the increase: $687.64 4) WHERE TO RECEIVE MORE INFORMATION
• Attend the resident meeting on February 12 at 6:00 p.m. • The application is available on the city’s website, at your park’s office and at the Housing and Neighborhood Services Division counter at City Hall during normal business hours.
Monday – Friday 8 a.m. – 5 p.m.
• Contact Danielle Lopez at (760) 839-4518 or [email protected] Sincerely,
Danielle Lopez
Housing and Neighborhood Services Manager
Attachment "2"
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División de Vivienda y Servicios a Vecindarios
201 North Broadway, Escondido, CA 92025
Teléfono 760-839-4841
www.escondido.org/housing-and-neighborhood-
services
5 de febrero de 2024
Re: Solicitud Prolongada de Aumento de Renta presentada por Town & Country Mobile Home Park Estimado residente:
Se ha recibido una solicitud prolongada para un aumento de renta para su Parque y determinada de estar completa.
Esta carta es para informarle sobre:
1) REUNIÓN DE RESIDENTES
• Fecha: lunes 12 de febrero, a las 6:00 p.m.
• Ubicación: Casa Club del Parque
• Objeto: Hablar del proceso de audiencia para la solicitud prolongada, contestar sus preguntas y elegir un representante de residentes.
2) AUDIENCIA DE COMISIÓN DE EVALUADORES DE RENTA
• Fecha: 6 de marzo, a las 5 p.m.
• Lugar: En la Sala Consistorial del Municipio (City Council Chambers), 201 North Broadway, Escondido, CA 92025
3) CÓMO LE PUEDE IMPACTAR A USTED
• El parque solicita un aumento del 19.22%.
• Aumento promedio por espacio mensual: $111.56
• Promedio de renta para espacios de alquiler regulado después del aumento: $687.64 4) DÓNDE RECIBIR MÁS INFORMACIÓN
• Asista a la reunión de residentes el 12 de febrero, a las 6:00 p.m. • La solicitud está disponible en el sitio web de la ciudad, en la oficina de su parque, y en el mostrador de la División de Vivienda y Servicios Vecindarios del Ayuntamiento durante en horario de oficina normal. De lunes a viernes, de 8:00 a.m.- 5:00 pm. • Póngase en contacto con Danielle Lopez llamando a (760) 839-4518 o [email protected]
Atentamente,
Danielle López
Director de Vivienda y Servicios a Vecindarios
Attachment "2"
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Housing & Neighborhood Services
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4841
February 23, 2024
Park Resident
2280 E. Valley Parkway
Escondido, CA 92027
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:
A long-form rental increase application for Town and Country Club Mobilehome Park
A copy of the application is available for review at https://www.escondido.org/pending-applications, the Town and Coun try Club Office or the Housing & Neighborhood Services Division at City Hall, 201 N.
Broadway. A copy of the staff report will be available at the Housing counter five days prior to the hearing date.
A public he aring is s cheduled for March 6 , 202 4, at 5 p.m . in the City Council Chambers, 201 N.
Broadway, Escondido, CA 92025 to determine whether or not a rent increase will be granted for your park.
If you are protesting the long-form application, you should reg ister 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. 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.
You may also subm it your feedback to Danielle Lopez at [email protected] or call 760 -839-4518 and this information will be included in the City Council presentation.
At the hearing, the Rent Review Board may make a determi nation about the re nt increase or they may request additional information from the owner or tenants. 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,
Danielle Lopez
Danielle Lopez
Housing & Neighborhood Services Manager
Attachment "3"
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División de Vivienda y Servicios a Vecindarios
201 North Broadway, Escondido, CA 92025
Teléfono 760-839-4841
23 de febrero de 2024
Residente del parque
2280 E. Valley Parkway
Escondido, CA 92027
AVISO PARA RESIDENTES DE AUDIENCIA PÚBLICA
POR LA P RESENTE SE NOTIFICA que el Concejo Municipal de la Ciudad de Escondido, siendo la Comisión Evaluadora que Revisan las Rentas de Casas Móviles, tendrá una audiencia pública para considerar el siguiente punto:
Una extensa solicitud de aumento de renta para Town and Country Club Mobilehome Park
Una copia de la aplicación está disponible para revisión en https://www.escondido.org/pending- applications, la oficina de Town and Country Club o en la División de Vivienda y Servicios a Vecindarios del Municipio, 201 N. Broadway. Una copia del reporte del personal estará disponible en el mostrador de la División de Vivienda cinco días antes de la fecha de la audiencia.
Una audiencia pública está pr ogramada para el 6 de marzo de 2024 a las 5 p.m. en la Sala del Concejo Municipal, 201 N. Broadway, Escondido, CA 92025 para determinar si se otor gará o no un aumento de renta para su parque.
Si usted está protestando e sta solicitud extensa, debe registrarse en el vestíbulo antes de que comience la audiencia pública. El objetivo de la audiencia es que la Comisión de Revisión de Renta ob tenga la opinión del propietario y de los inquilinos sobre los motivos por los que se debe o no conceder un aumento. Si usted se opone a la decisión de la Junta ante la corte, puede verse limitado a presentar sólo los asuntos que usted u otra persona haya e xpuesto en la audiencia pública que se describe en este aviso, o en correspondencia escrita entregada a la Comisión de Revisión de Renta durante o antes de la audiencia pública.
También puede enviar sus comentarios a Danielle Lopez a [email protected] o llamar al 760-839- 4518 y está información se incluirá en la presentación al Concejo Municipal.
En la audiencia, la Comisión de Revisión de Renta puede tomar una decisión sobre el aumento de renta o pueden solicitar informac ión adicional del propietario o los inquilinos . Si se solicita info rmación adicional, se programará una nueva audiencia. Si se concede un aumento, el propietario debe notificarle por escrito de la cantidad del aumento al menos (90) días antes de que el aumento entre en vi gencia.
Atentamente,
Danielle Lopez
Danielle Lopez,
Director de Vivienda y Servicios a Vecindarios
Attachment "3"
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Vi
a Electronic Mail
To
: Mo bilehome Park Rental Review Board
CITY OF ESCONDIDO
From: Tara Matthews, Principal
Dominique Clark, Director
RSG, INC.
Date: February 8, 2024
SUBJECT: TOWN & COUNTRY CLUB PARK LONG-FORM RENT INCREASE ANALYSIS On August 8, 2022 , City of Escondido (“City”) staff received a Long-Form Mobilehome Park Application for Space Rent Increase (“Original Application”) f or Town & Country Club Park (“Park”), a senior-restricted mobilehome park with 155 spaces located at 2280 E. Valley Parkway, Escondido, CA 92027 . On January 16, 2024, City staff received a final revised version of the Original Application (“Application”). In the Application and supplemental documents submitted by the Park owner (and/or representatives of the Park owner) (“Applicant”), the Applicant requested a rent increase reflective of 60% of the increase in the Consumer Price Index (“CPI”) since 2016 for 154 of the 155 spaces in the Park. The Applicant is not requesting a rent increase for Space 67, which is designated for the on-site manager.
Section 29-104(g) of the City’s Mobilehome Rent Control Ordinance (City of Escondido Municipal Code Chapter 29, Article 5) (“Ordinance”) requires the Mobilehome Park Rental Review Board (“Board”) to consider at least 11 factors in the long -form mobilehome rent increase application process. However, the Applicant did not provide sufficient documentation for RSG to analyze 3 of the 11 factors referenced in the Ordinance. The three factors that RSG could not analyze due to insufficient documentation are (1) changes in property taxes, (2) changes in ut ility charges, and (3)
changes in reasonable operating and maintenance expenses. The Applicant purchased the Park in 2022 and stated that they were not provided complete expense documentation by t he pr
evious Park owners. The Original Application included a request for a rent increase based on the change in Park operating expenses since 2016, but after the RSG and City staff deemed the expense
documentation incomplete, the Applicant ultimately amended their application to request a
rent increase based only on the change in inflation since 2016 (as measured by the CPI). Note that the Applicant ’s withdrawal of the request for a rent increase based on the change in Par k Attachment "4"
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City of Escondido
February 8, 2024
operating expenses benefits the residents (i.e., results in a lower rent increase), unless Park operating expenses have decreased since 2016, which is unlikely.
If the Board is amenable to granting the Applicant’s request for a rent increase based on the change in inflation since 2016 even though the Applicant did not provide sufficient documentation for RSG to analyze 3 of the 11 factors referenced in the Ordinance, RSG calculates that the rent increase would be equal to 19.22% per space per month for the 154 spaces included in the Application. A 19.22% increase would range from $49.33 to $146.33 per space per month, with an average of $111.56.
If the Board is not amenable to granting the Applicant’s request for a rent increase based on the change in inflation since 2016 given that the Applicant did not provide sufficient documentation for RSG to analyze 3 of the 11 factors referenced in the Ordinance, the Board may want to consider approving the maximum rent increase that would be allowable under the short-form rent increase application process, which would be equal to 8.00% per space per month for the 154 spaces included in the Application. An 8 .00% increase would range from $ 20.53 to $60.91 per space per month, with an average of $46.43.
This memo details the following:
1. Overview of the application processes for mobilehome park rent increases in Escondido;
2. Backgr
ound information about the Park;
3. Summary of the Applicant’s rent increase request;
4. Timeline of processing the Application;
5. RSG
’s analysis of the 11 factors to be considered by the Board in determining just, fair, and reasonable rent increases, pursuant to Section 29-104(g) of the Ordinance; and
6. RSG’s calculation of a rent increase based on the change in inflation since 2016.
APPLICATION PROCESSES FOR MOBILEHOME PARK RENT INCREASES IN ESCONDIDO Short-Form Application Process
Owners of mobilehome parks in Escondido may request a rent increase using the “short -form” application process if (1) it has been at least one year since the last rent increase application was deemed complete and (2) the park owner’s request applies to 100% of rent-controlled spaces in the park. In a short-form application, a park owner may request an increase of the lesser of 90% of the increase in the CPI since the last rent increase granted by the Board, or 8% . The Board must presume that a rent increase of up to 90% of the increase in the CPI since the last rent Attachment "4"
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February 8, 2024
increase granted by the Board is a just, fair, and reasonable increase. However, the Board may consider other factors at the request of either the park owner or the affected residents in determining that a lesser increase is just, fair, and reasonable.
Pursuant to Section 12 of the Mobilehome Rent Review Board Guidelines (“Guidelines”), a park owner cannot submit a short-form application in the following two scenarios:
1. It has been more than two years since the last rent increase was granted by the Board; or
2. The Board has determined that the park owner increased space rents upon the closure of an in-place transfer or other conveyance of a rent-controlled mobilehome beyond the limits detailed in Section 12(M) of the Guidelines (“vacancy control”). In this scenario, the park owner cannot use the short-form application process for five years.
Long-Form Application Process
The alternative to the short -form application process is the long -form application process. Any park owner can submit a long-form application if it has been at least one year since the last rent increase application was deemed complete. Typically, a park owner utilizes the long -form application process when they are ineligible for the short-form application process and/or they are requesting a rent increase that is higher than the amount allowable through the short-form process (the lesser of 90% of the increase in the CPI since the last rent increase granted by the Board or 8%).
While the Board typically considers only CPI in the short-form application process, the Board must consider at least 11 factors in the long-form process. Section 29-104(g) of the Ordinance states that the Board must consider the following 11 factors, in addition to any other factors it considers relevant, in determining just, fair, and reasonable rent increases requested via the long- form application process:
1. Changes in the CPI for All Urban Consumers in the San Diego Metropolitan Area published by the U.S. Bureau of Labor Statistics;
2. The rent lawfully charged for comparable mobilehome spaces in the City;
3. The length of time since the last hearing and final determination by the Board on a rent increase application (or the last rent increase if no previous rent increase application has
been
made);
Attachment "4"
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4. The completion of any capital improvements or rehabilitation work related to the mobilehome space(s) specified in the rent increase application, and the cost thereof, including such items of cost, including materials, labor, construction interest, permit fees, and other items as the Board deems appropriate;
5. Changes in property taxes or other taxes related to the subject mobilehome park;
6. Changes in the rent paid by the applicant for the lease of the land on which the subject mobilehome park is located;
7. Changes in the utility charges for the subject mobilehome park paid by the applicant and th
e extent, if any, of reimbursement from the tenants;
8. Changes in reasonable operating and maintenance expenses;
9. The need for repairs caused by circumstances other than ordinary wear and tear;
10. The amount and quality of services provided by the applicant to the affected tenant; and
11. Any existing written lease lawfully entered into between the applicant and the affected tenants.
Rent Increase Process for Reimbursement of Capital Improvement Expenditures Pursuant to Section 8 of the Guidelines, park owners may submit to the City a rent increase application that is based in part or entirely on the cost of capital improvements and/or rehabilitation work. Section 29 -101(b) of the Ordinance defines a capital improvement as “the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs.” Section 29-104(h) of the Ordinance requires that a rent increase granted by the Board as a result of one or more capital improvements be temporary so as not to continue beyond the time necessary for reasonable amortization of the cost of the improvement, including interest. Section 8(b) of the Guidelines further clarifies that a reasonable amortization period is commensurate with the expected life of the improvement based on standard depreciation tables used to determine tax deductions.
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Mobilehome Park Rental Review Board
City of Escondido
February 8, 2024
BACKGROUND ON TOWN & COUNTRY CLUB PARK
Overview of Park
Town & Country Club Park is a senior -restricted mobilehome park located at 2280 E. Valley Parkway, Escondido, CA 92027. In the Application, the Applicant states that the Park opened in 1968. The Applicant also states that they purchased the Park from the previous owner (H.N. & Frances C. Berger Foundation, or “Berger Foundation”) on May 6, 2022.
The Park has 155 spaces, which are currently occupied by 154 double-wide mobilehomes and 1 single-wide mobilehome. The Park's amenities include a clubhouse, outdoor spa and swimming pool, fitness center, saunas, billiard room, ping pong tables, and laundry facility. According to the Applicant, the tenants pay directly to the utility company for electricity and gas and are billed by the park based on their individual meter readings/billing for water, sewer, and trash.
Last Rent Increase for Park
Th
e Application is the fourteenth application for a rent increase filed for the Park since the Ordinance was implemented in 1988. The last rent increase application for the Park was a short- form application filed by the Berger Foundation on July 31, 2017. The Berger Foundation requested a rent increase based on 75% of the change in the CPI between December 31, 2014, and December 31, 2016 , or 3.339% for 131 spaces (an average of $ 14.30 per space). No rent increase was requested for 24 spaces with new leases, vacancies, and park-owned coaches. On October 25, 2017, the Board adopted Resolution No. RRB 2017-04 to approve the rent increase as requested by the applicant.
APPLICANT’S RENT INCREASE REQUEST
In the Application, the Applicant requests to increase rents for 154 of the 155 spaces in the Park equal to 60% of the increase in the CPI since 2016. The Applicant is not requesting a rent increase for Space 67, which is designated for the on-site manager.
TIMELINE OF APPLICATION
As stated previously, the Applicant purchased the Park on May 6, 2022. The Applicant then submitted the Original Application on August 8, 2022 , which was approximately one year and seven months (or 576 days) prior to the Board hearing on March 6, 2024. In the 576-day period, RSG issued six letters deeming the materials submitted by the Applicant incomplete (“Incomplete Attachment "4"
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Letters”) and the Applicant submitted a revised application four times. Note that Exhibit A shows a detailed breakdown of the 576 days, based on RSG’s records. Table 1 summarizes the issues noted in each of the six Incomplete Letters.
Table 1: Issues Noted in Letters Deeming Application Incomplete Not
e that, in the Original Application, the Applicant requested a rent increase based on (1) the change in Park operating expenses since 2016, (2) capital improvement expenditures, and (3) the change in the CPI since 2016. Ultimately however, the documentation provided to substantiate the change in Park operating expenses since 2016 was deemed insufficient/incomplete by RSG and City staff, so the Applicant submitted a revised application, in which they withdrew their request for a rent increase based on the change in Park operating expenses. The Applicant stated that they do not have more complete expense documentation because they were not provided this documentation by the previous owners. Additionally, in a phone call with a Berger Foundation staff member in late November 2023, RSG was informed that at least some of the capital improvement expenditures included in the application were funded with grants (i.e., funds that park ownership did not have to repay). RSG brought this issue to the Applicant’s attention in Incomplete Letter #5. When the Applicant subsequently spoke with Berger Foundation staff Incomplete
Letter # Date Primary Issues Noted
1 9/8/2022
Documentation of 2016 and 2021 expenses needed; capital improvement expenses incurred prior to the date when the last rent increase was deemed complete (8/31/2017) would be disallowed per Section 29-104(g) of the City’s Mobilehome Rent Control Ordinance; additional information and documentation needed for capital improvement expenses incurred after August 2017
2 12/16/2022
Clarification of 2016 and 2021 expense amounts needed; documentation of 2016 and 2021 income needed
3 7/9/2023
Due to Applicant stating that no invoices were available to document significant expense amounts in several expense categories, Staff needed to confer with legal counsel to determine next steps
4 10/26/2023
Berger Foundation contact information and appraisal supporting purchase price needed; clarification regarding pool renovation expenses needed 5 12/7/2023 Evidence needed for which capital improvement expenses were not funded with grants 6 1/5/2024
Current Park rent roll needed; minor corrections needed to certain responses provided in application
1/22/2024: RSG DEEMS REVISED APPLICATION #4 COMPLETE
11/15/2023: APPLICANT SUBMITS REVISED APPLICATION #2
12/28/2023: APPLICANT SUBMITS REVISED APPLICATION #3
1/16/2024: APPLICANT SUBMITS REVISED APPLICATION #4
9/27/2023: APPLICANT SUBMITS REVISED APPLICATION #1
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members about this issue, the Applicant was informed that all the capital improvement expenditures included in the application were funded with grants. Accordingly, the Applicant submitted another revised application, in which they withdrew the request for a rent increase based on capital improvement expenditures. As a result, the Applicant is now requesting a rent increase based only on the change in the CPI since 2016.
ANALYSIS OF FACTORS FOR DETERMINING JUST, FAIR , AND REASONABLE RENT
INCREASES
The following section details RSG’s analysis of the 11 factors to be considered by the Board in determining just, fair, and reasonable rent increases, pursuant to Section 29 -104(g) of the Ordinance.
Analysis of the 11 factors requires first determining a base year and current year for the purposes of the Application. Section 10(K) of the Guidelines states that, “in its evaluation of information submitted to support a rent increase application, the Board may consider information, facts and circumstances arising since the last application for a rent increase was deemed complete.” Based on City records, the last rent increase application for the Park was deemed complete on August 31, 2017. That application resulted in a rent increase approved by the Board on October 25, 2017, based on 75% of the change in the CPI between December 31, 2014 and December 31, 2016.
Thus, RSG considers 2016 to be the appropriate base year.
The final year of the analysis is typically the most recently completed calendar year as of the date when the application was submitted. The Application (final version) was submitted in 2024. Thus, RSG considers 2023 to be the appropriate current year.
Factor No. 1: Changes in the CPI for All Urban Consumers in San Diego Metropolitan Area published by the U.S. Bureau of Labor Statistics.
The CPI is the most widely used measure of inflation. As previously mentioned, t he last rent increase application for the Park was a short -form application that resulted in an increase approved on October 25, 2017, based on 75% of the change in the CPI between December 31, 2014, and December 31, 2016. In calculating that rent increase, City staff utilized the CPI figure for the San Diego-Carlsbad Metropolitan Area (on a 1982 -84 base) for the second half of 2016 (276.837) to reflect the CPI as of December 31, 201 6. Accordingly, RSG used 276.837 as the base year CPI for the purposes of this Application.
Attachment "4"
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February 8, 2024
For the current year CPI, RSG used the CPI figure for the San Diego-Carlsbad Metropolitan Area (on a 1982-84 base) for the second half of 2023 (365.529) to reflect the CPI as of December 31, 2023 (see Exhibit B for CPI data).1
Based on the above information, the percent change in the CPI relevant to this Application is calculated as follows:
Current Year CPI (2023) = 365.529
Base Year CPI (2016) = 276.837
Difference in CPI = 88.692
Therefore:
88.692 (difference in CPI) x 100 32.04% (Percent change in the CPI) 276.837 (Base Year CPI)
Section 7 of the Guidelines states the following requirement for long- form rent increase applications: “the Board shall take into account no more than 60% of increases in the CPI which portion of the CPI shall include costs properly associated with the operation of a mobilehome park (such as property taxes, fuel, and utilities).” Accordingly, 60% of the 32.04% change in CPI between the base year CPI and current year CPI is 19.22%.
Factor No. 2: The rent lawfully charged for comparable mobilehome spaces in the City of Escondido.
Based on information published on the City’s website , the City has 19 mobilehome parks with rent-controlled spaces. Among the 19 parks, the average space rent for rent-controlled resident- owned mobilehomes at each park ranged from $315.80 to $843.30 as of July 1, 2021. The Park’s average was $568.63, which was the ninth highest of the 19 parks. In other words, 8 parks had a higher average rent, and 10 parks had a lower average rent.
1 Note that RSG used the CPI figures for the second half of 2016 and the second half of 2023 rather than the full years of 2016 to 2023 to be consistent with the City’s practices.
Attachment "4"
199
Item12.
Mobilehome Park Rental Review Board
City of Escondido
February 8, 2024
Factor No. 3: The length of time since either the last hearing and final determination by the Board on a rent increase application or the last rent increase if no previous rent increase application has been made.
The Board last granted a rent increase to the Park at the Board’s meeting on October 25, 2017, which is approximately 6 years and 4 months prior to the March 6, 2024 hearing on this Application.
Factor No. 4: The completion of any capital improvements or rehabilitation work related to the mobilehome space(s) specified in the rent increase application, and the cost thereof, including such items of cost, including materials, labor, construction interest, permit f ees, and other items as the Board deems appropriate.
This factor is not relevant to the Application, because the final version of the Application does not include a request for reimbursement of any capital improvement expenditures.
Factor No. 5: Changes in property taxes or other taxes related to the subject mobilehome park.
The Applicant did not provide sufficient documentation of the change in property taxes since 2016, so RSG could not analyze this factor. Note that the final version of the Application does not include a request for a rent increase based on the change in Park operating expenses.
Factor No. 6: Changes in the rent paid by the applicant for the lease of the land on which the subject mobilehome park is located.
This factor is not relevant to the Application, because park ownership owned the land in both the base year (2016) and the current year (2023) and thus paid no rent for the land in either year.
Attachment "4"
200
Item12.
Mobilehome Park Rental Review Board
City of Escondido
February 8, 2024
Factor No. 7: Changes in the utility charges for the subject mobilehome park paid by the applicant and the extent, if any, of reimbursement from the tenants.
The Applicant did not provide sufficient documentation of the change in utility charges since 2016, so RSG could not analyze this factor. Note that the final version of the Application does not include a request for a rent increase based on the change in Park operating expenses.
Factor No. 8: Changes in reasonable operating and maintenance expenses.
The Applicant did not provide sufficient documentation of the change in reasonable operating and maintenance expenses since 2016, so RSG could not analyze this factor. Note that the final version of the Application does not include a request for a rent inc rease based on the change in Park operating expenses.
Factor No. 9: The need for repairs caused by circumstances other than ordinary wear and tear.
In the Application, the Applicant states that no repairs were caused by circumstances other than ordinary wear and tear.
Factor No. 10: The amount and quality of services provided by the applicant to the affected tenant.
Pursuant to Section 1 of the Guidelines, the City’s Code Compliance Division must inspect the common areas of the park and submit a report concerning the condition of the facilities prior to the Board hearing on the Application. The report includes a summary of any past violations and corrective actions. This report is provided as an attachment to the staff report for the Board hearing on the Application.
Factor No. 11: Any existing written lease lawfully entered into between the applicant and the affected tenant.
RSG is not aware of any issues related to leases between the Applicant and the residents in the 154 spaces affected by the requested rent increase. However, residents are welcome to provide public comment to the contrary at the hearing, if applicable.
Attachment "4"
201
Item12.
Mobilehome Park Rental Review Board
City of Escondido
February 8, 2024
RSG CALCULATION OF RENT INCREASE BASED ON INFLATION SINCE 2016
The Applicant did not provide sufficient documentation for RSG to analyze three factors related to changes in property taxes, utility charges, and operating expenses, which the Ordinance requires the Board to consider in the long -form mobilehome rent increase application process.
Accordingly, the Applicant is no longer requesting a rent increase based on the change in Park operating expenses and is instead requesting a rent increase based only on the change in inflation since 2016. Table 2 shows RSG’s calculation of a rent increase based only on inflation since 2016, which would be equal to 19.22%. A 19.22% increase would range from $49.33 to $146.33 per space per month, with an average of $111.56.
Table 2: RSG’s Calculation of Rent Increase Based on Inflation Since 2016
However, if the Board is not amenable to granting the Applicant’s request for a rent increase based on the change in inflation since 2016 given that the Applicant did not provide sufficient documentation for RSG to analyze 3 of the 11 factors required by the Ordinance, the Board may want to consider approving the maximum rent increase that would be allowable under the short- form rent increase application process. Such a rent increase would be equal to 8.00% per space per month for the 154 spaces included in the Application. An 8.00% increase would range from $20.53 to $60.91 per space per month, with an average of $46.43. Note that Exhibit C shows the current monthly rents at the Park by space, as well as the rents that would result from a 19.22% and 8.00% rent increase, respectively.
EXHIBITS
A. Timeline of Application (Pages to A-1 to A-2)
B. CPI & Freddie Mac Data Relevant to the Application (Page B-1) C. Current & Recommended Rents by Space (Pages C-1 to C-6) Calculation of Change Between Base Year & Current Year CPI (A) Base Year CPI (2016 HALF2): 276.837
(B) Current Year CPI (2023 HALF2): 365.529
(C) % Change Between Base Year CPI (A) & Current Year CPI (B): 32.04% Fair Monthly Space Rent Increase
(D) Percentage of CPI Attributed to Costs Related to Operation of Mobilehome Park: 60.00% RENT INCREASE BASED ON INFLATION SINCE 2016 (per space per month) (C * D): 19.22% Attachment "4"
202
Item12.
Date Action
Days Since
Previous Action Notes
8/8/2022 City receives Original Application. N/A
8/30/2022 City retains RSG to review application. 22
9/8/2022 RSG issues Incomplete Letter #1. 9
Primary issues noted: Documentation of
2016 and 2021 expenses needed; capital
improvement expenses incurred prior to the
date when the last rent increase was
deemed complete (8/31/2017) would be
disallowed per Section 29-104(g) of the
City’s Mobilehome Rent Control Ordinance;
additional information and documentation
needed for capital improvement expenses
incurred after August 2017
11/17/2022 Applicant responds to Incomplete Letter #1. 70 12/16/2022 RSG issues Incomplete Letter #2. 29
Primary issues noted: Clarification of 2016
and 2021 expense amounts needed;
documentation of 2016 and 2021 income
needed
4/27/2023
Applicant submits partial response to Incomplete
Letter #2. 132
6/6/2023
Applicant submits additional documentation to
complete response to Incomplete Letter #2. 40
7/9/2023 RSG issues Incomplete Letter #3. 33
Primary issues noted: Due to Applicant
stating that no invoices were available to
document significant expense amounts in
several expense categories, Staff needed to
confer with legal counsel to determine next
steps
7/10/2023
Applicant submits a letter requesting that the
City/RSG proceed with processing the application
based on the incomplete documentation provided. 1
7/11/2023
RSG responded to Applicant's 7/10/2023 letter with
an explanation of the negative consequences of
processing the application based on the incomplete
documentation provided. 1
8/2/2023
RSG emailed Applicant to point out that, if only the
change in expenses for line items for which back-
up documentation was provided was considered,
there would be no documented increase in
expenses. 22
8/21/2023
RSG and Applicant spoke via phone about the
issues with the application. 19
8/25/2023
Applicant emailed RSG and the City, stating that
they would be agreeable to requesting a rent
increase based only on inflation and capital
improvement expenses (and no longer requesting a
rent increase based on the increase in Park
operating expenses). 4
8/28/2023
RSG responded to Applicant's 8/28/2023 email with
a list of documentation that would be needed to
document the claimed capital improvement
expenditures. 3
8/29/2023
Applicant responded to RSG's 8/28/2023 email,
stating that they would gather the requested
information and asking clarifying questions. 1
Exhibit A: Timeline of Application 1
Attachment "4"
203
Item12.
Date Action
Days Since
Previous Action Notes
9/1/2023
RSG responded to Applicant's 8/29/2023 email with
responses to their clarifying questions and a
request for a revised application reflecting their
amended rent increase request. 3
9/27/2023 Applicant submits Revised Application #1. 26
In Revised Application #1, Applicant
withdraws their request for a rent increase
based on the increase in Park operating
expenses.
10/26/2023 RSG issues Incomplete Letter #4. 29
Primary issues noted: Berger Foundation
contact information and appraisal supporting
purchase price needed; clarification
regarding pool renovation expenses needed
10/26/2023
Applicant submits partial response to Incomplete
Letter #4. 0
10/27/2023
Applicant submits additional partial response to
Incomplete Letter #4. 1
10/30/2023
RSG responds to Applicant's 10/27/2023 submittal
of partial response to Incomplete Letter #4 with
request for remaining documentation. 3
11/2/2023
Applicant submits additional partial response to
Incomplete Letter #4. 3
11/15/2023
RSG responds to Applicant's 11/2/2023 submittal of
partial response to Incomplete Letter #4 with
request for remaining documentation. 13
11/15/2023 Applicant submits Revised Application #2. 0
In Revised Application #2, Applicant updates
response to the question in the application
about changes in utility charges with "N/A"
since they were now requesting a rent
increase based only on inflation and capital
improvement expenditures, neither of which
is affected by utility costs.
12/7/2023 RSG issues Incomplete Letter #5. 22
Issue noted: Evidence needed for which
capital improvement expenses were not
funded with grants
12/28/2023
Applicant leaves voicemail for RSG stating that,
based on discussions with previous ownership, all
of the claimed capital improvement expenditures
were funded with grants. Thus, Applicant wishes to
proceed with the application without the capital
improvement expenditures. Applicant submits
Revised Application #3. 21
In Revised Application #3, Applicant
withdraws their request for a rent increase
based on the capital improvement
expenditures.
1/5/2024 RSG issues Incomplete Letter #6. 8
Primary issues noted: Current Park rent roll
needed; minor corrections needed to certain
responses provided in application
1/16/2024 Applicant submits Revised Application #4. 11
In Revised Application #4, Applicant
provides current Park rent roll and makes
requested corrections to certain responses
provided in application.
1/22/2024
RSG notifies Applicant that the application is now
complete. 6
3/6/2024 Board holds hearing. 44
TOTAL 576
1 The above timeline does not include a summary of each email exchange between the Applicant and the City/RSG.
Attachment "4"
204
Item12.
Bureau of Labor Statistics
Source: Bureau of Labor Statistics Generated on: February 2, 2024 (06:19:35 PM) Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2013 260.317 258.955 261.679
2014 265.145 265.251 265.039
2015 269.436 267.346 271.526
2016 274.732 272.628 276.837
2017 285.961 283.012 281.561 284.464
2018 288.331 290.810 289.243 295.185 295.883 293.858 292.547 290.076 295.018 2019 295.761 297.226 300.303 299.333 301.033 301.520 299.433 298.147 300.718 2020 302.564 302.589 301.317 305.611 304.443 306.334 303.932 302.040 305.823 2021 307.688 315.035 317.141 323.906 324.138 326.422 319.761 314.282 325.241 2022 332.990 339.852 343.502 347.462 350.721 348.145 344.416 339.886 348.945 2023 354.453 358.026 361.339 362.412 367.185 366.343 362.022 358.515 365.529 Source: https://data.bls.gov/timeseries/CUURS49ESA0?amp%253bdata_tool=XGtable&output_view=data&include_graphs=true All items in San Diego-Carlsbad, CA, all urban
San Diego-Carlsbad, CA
All items
1982-84=100
2013 to 2023
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUURS49ESA0
Not Seasonally Adjusted
Attachment "4"
205
Item12.
March 6, 2024
Space
No.
(A)
Current Rents per
Application
(B)
19.22% Permanent
Rent Increase
(C)
Total New Rent
(A + B)
(D)
8.00% Permanent
Rent Increase
(E)
Total New Rent
(A + D)
1 $583.20 $112.09 $695.29 $46.66 $629.86
2 $577.95 $111.08 $689.03 $46.24 $624.19
3 $660.27 $126.90 $787.17 $52.82 $713.09
4 $583.20 $112.09 $695.29 $46.66 $629.86
5 $675.00 $129.74 $804.74 $54.00 $729.00
6 $625.00 $120.13 $745.13 $50.00 $675.00
7 $645.00 $123.97 $768.97 $51.60 $696.60
8 $604.36 $116.16 $720.52 $48.35 $652.71
9 $402.11 $77.29 $479.40 $32.17 $434.28
10 $696.60 $133.89 $830.49 $55.73 $752.33
11 $645.00 $123.97 $768.97 $51.60 $696.60
12 $625.00 $120.13 $745.13 $50.00 $675.00
13 $652.18 $125.35 $777.53 $52.17 $704.35
14 $624.19 $119.97 $744.16 $49.94 $674.13
15 $556.67 $106.99 $663.66 $44.53 $601.20
16 $413.06 $79.39 $492.45 $33.04 $446.10
17 $665.00 $127.81 $792.81 $53.20 $718.20
18 $625.00 $120.13 $745.13 $50.00 $675.00
19 $584.36 $112.31 $696.67 $46.75 $631.11
20 $556.67 $106.99 $663.66 $44.53 $601.20
21 $704.36 $135.38 $839.74 $56.35 $760.71
22 $468.60 $90.06 $558.66 $37.49 $506.09
23 $528.51 $101.58 $630.09 $42.28 $570.79
24 $625.00 $120.13 $745.13 $50.00 $675.00
25 $696.60 $133.89 $830.49 $55.73 $752.33
26 $614.12 $118.03 $732.15 $49.13 $663.25
27 $446.10 $85.74 $531.84 $35.69 $481.79
28 $556.76 $107.01 $663.77 $44.54 $601.30
29 $479.54 $92.17 $571.71 $38.36 $517.90
30 $402.11 $77.29 $479.40 $32.17 $434.28
19.22% Increase Scenario 8.00% Increase Scenario
Attachment "4"
206
Item12.
March 6, 2024
Space
No.
(A)
Current Rents per
Application
(B)
19.22% Permanent
Rent Increase
(C)
Total New Rent
(A + B)
(D)
8.00% Permanent
Rent Increase
(E)
Total New Rent
(A + D)
19.22% Increase Scenario 8.00% Increase Scenario
31 $577.95 $111.08 $689.03 $46.24 $624.19
32 $556.67 $106.99 $663.66 $44.53 $601.20
33 $645.00 $123.97 $768.97 $51.60 $696.60
34 $584.36 $112.31 $696.67 $46.75 $631.11
35 $603.87 $116.06 $719.93 $48.31 $652.18
36 $402.11 $77.29 $479.40 $32.17 $434.28
37 $413.06 $79.39 $492.45 $33.04 $446.10
38 $614.12 $118.03 $732.15 $49.13 $663.25
39 $625.00 $120.13 $745.13 $50.00 $675.00
40 $625.00 $120.13 $745.13 $50.00 $675.00
41 $577.95 $111.08 $689.03 $46.24 $624.19
42 $577.95 $111.08 $689.03 $46.24 $624.19
43 $583.20 $112.09 $695.29 $46.66 $629.86
44 $577.95 $111.08 $689.03 $46.24 $624.19
45 $603.87 $116.06 $719.93 $48.31 $652.18
46 $583.20 $112.09 $695.29 $46.66 $629.86
47 $603.87 $116.06 $719.93 $48.31 $652.18
48 $556.76 $107.01 $663.77 $44.54 $601.30
49 $604.36 $116.16 $720.52 $48.35 $652.71
50 $649.41 $124.82 $774.23 $51.95 $701.36
51 $556.80 $107.02 $663.82 $44.54 $601.34
52 $577.95 $111.08 $689.03 $46.24 $624.19
53 $584.36 $112.31 $696.67 $46.75 $631.11
54 $583.20 $112.09 $695.29 $46.66 $629.86
55 $652.71 $125.45 $778.16 $52.22 $704.93
56 $556.67 $106.99 $663.66 $44.53 $601.20
57 $614.12 $118.03 $732.15 $49.13 $663.25
58 $583.20 $112.09 $695.29 $46.66 $629.86
59 $718.20 $138.04 $856.24 $57.46 $775.66
60 $609.23 $117.09 $726.32 $48.74 $657.97
Attachment "4"
207
Item12.
March 6, 2024
Space
No.
(A)
Current Rents per
Application
(B)
19.22% Permanent
Rent Increase
(C)
Total New Rent
(A + B)
(D)
8.00% Permanent
Rent Increase
(E)
Total New Rent
(A + D)
19.22% Increase Scenario 8.00% Increase Scenario
61 $524.94 $100.89 $625.83 $42.00 $566.94
62 $556.67 $106.99 $663.66 $44.53 $601.20
63 $577.95 $111.08 $689.03 $46.24 $624.19
64 $685.00 $131.66 $816.66 $54.80 $739.80
65 $609.23 $117.09 $726.32 $48.74 $657.97
66 $413.06 $79.39 $492.45 $33.04 $446.10
67 $0.00
68 $652.71 $125.45 $778.16 $52.22 $704.93
69 $413.06 $79.39 $492.45 $33.04 $446.10
70 $583.20 $112.09 $695.29 $46.66 $629.86
71 $645.00 $123.97 $768.97 $51.60 $696.60
72 $524.94 $100.89 $625.83 $42.00 $566.94
73 $556.67 $106.99 $663.66 $44.53 $601.20
74 $556.67 $106.99 $663.66 $44.53 $601.20
75 $625.00 $120.13 $745.13 $50.00 $675.00
76 $402.11 $77.29 $479.40 $32.17 $434.28
77 $413.06 $79.39 $492.45 $33.04 $446.10
78 $665.00 $127.81 $792.81 $53.20 $718.20
79 $665.00 $127.81 $792.81 $53.20 $718.20
80 $665.00 $127.81 $792.81 $53.20 $718.20
81 $645.00 $123.97 $768.97 $51.60 $696.60
82 $665.00 $127.81 $792.81 $53.20 $718.20
83 $609.23 $117.09 $726.32 $48.74 $657.97
84 $556.67 $106.99 $663.66 $44.53 $601.20
85 $577.95 $111.08 $689.03 $46.24 $624.19
86 $625.00 $120.13 $745.13 $50.00 $675.00
87 $556.67 $106.99 $663.66 $44.53 $601.20
88 $624.19 $119.97 $744.16 $49.94 $674.13
89 $468.60 $90.06 $558.66 $37.49 $506.09
90 $479.54 $92.17 $571.71 $38.36 $517.90
N/A - Manager Space N/A - Manager Space
Attachment "4"
208
Item12.
March 6, 2024
Space
No.
(A)
Current Rents per
Application
(B)
19.22% Permanent
Rent Increase
(C)
Total New Rent
(A + B)
(D)
8.00% Permanent
Rent Increase
(E)
Total New Rent
(A + D)
19.22% Increase Scenario 8.00% Increase Scenario
91 $629.86 $121.06 $750.92 $50.39 $680.25
92 $604.36 $116.16 $720.52 $48.35 $652.71
93 $625.00 $120.13 $745.13 $50.00 $675.00
94 $577.95 $111.08 $689.03 $46.24 $624.19
95 $685.00 $131.66 $816.66 $54.80 $739.80
96 $609.23 $117.09 $726.32 $48.74 $657.97
97 $603.87 $116.06 $719.93 $48.31 $652.18
98 $625.00 $120.13 $745.13 $50.00 $675.00
99 $413.06 $79.39 $492.45 $33.04 $446.10
100 $665.00 $127.81 $792.81 $53.20 $718.20
101 $556.76 $107.01 $663.77 $44.54 $601.30
102 $609.23 $117.09 $726.32 $48.74 $657.97
103 $577.95 $111.08 $689.03 $46.24 $624.19
104 $434.27 $83.47 $517.74 $34.74 $469.01
105 $584.36 $112.31 $696.67 $46.75 $631.11
106 $256.67 $49.33 $306.00 $20.53 $277.20
107 $761.32 $146.33 $907.65 $60.91 $822.23
108 $645.00 $123.97 $768.97 $51.60 $696.60
109 $413.06 $79.39 $492.45 $33.04 $446.10
110 $601.20 $115.55 $716.75 $48.10 $649.30
111 $528.51 $101.58 $630.09 $42.28 $570.79
112 $665.00 $127.81 $792.81 $53.20 $718.20
113 $479.54 $92.17 $571.71 $38.36 $517.90
114 $645.00 $123.97 $768.97 $51.60 $696.60
115 $718.20 $138.04 $856.24 $57.46 $775.66
116 $645.00 $123.97 $768.97 $51.60 $696.60
117 $528.51 $101.58 $630.09 $42.28 $570.79
118 $665.00 $127.81 $792.81 $53.20 $718.20
119 $556.67 $106.99 $663.66 $44.53 $601.20
120 $604.36 $116.16 $720.52 $48.35 $652.71
Attachment "4"
209
Item12.
March 6, 2024
Space
No.
(A)
Current Rents per
Application
(B)
19.22% Permanent
Rent Increase
(C)
Total New Rent
(A + B)
(D)
8.00% Permanent
Rent Increase
(E)
Total New Rent
(A + D)
19.22% Increase Scenario 8.00% Increase Scenario
121 $625.00 $120.13 $745.13 $50.00 $675.00
122 $556.76 $107.01 $663.77 $44.54 $601.30
123 $556.76 $107.01 $663.77 $44.54 $601.30
124 $556.67 $106.99 $663.66 $44.53 $601.20
125 $614.12 $118.03 $732.15 $49.13 $663.25
126 $577.95 $111.08 $689.03 $46.24 $624.19
127 $609.23 $117.09 $726.32 $48.74 $657.97
128 $556.67 $106.99 $663.66 $44.53 $601.20
129 $528.51 $101.58 $630.09 $42.28 $570.79
130 $675.00 $129.74 $804.74 $54.00 $729.00
131 $583.20 $112.09 $695.29 $46.66 $629.86
132 $413.06 $79.39 $492.45 $33.04 $446.10
133 $577.95 $111.08 $689.03 $46.24 $624.19
134 $600.00 $115.32 $715.32 $48.00 $648.00
135 $665.00 $127.81 $792.81 $53.20 $718.20
136 $402.11 $77.29 $479.40 $32.17 $434.28
137 $413.06 $79.39 $492.45 $33.04 $446.10
138 $413.06 $79.39 $492.45 $33.04 $446.10
139 $652.71 $125.45 $778.16 $52.22 $704.93
140 $625.00 $120.13 $745.13 $50.00 $675.00
141 $718.20 $138.04 $856.24 $57.46 $775.66
142 $556.76 $107.01 $663.77 $44.54 $601.30
143 $583.20 $112.09 $695.29 $46.66 $629.86
144 $583.20 $112.09 $695.29 $46.66 $629.86
145 $739.80 $142.19 $881.99 $59.18 $798.98
146 $665.00 $127.81 $792.81 $53.20 $718.20
147 $645.00 $123.97 $768.97 $51.60 $696.60
148 $556.81 $107.02 $663.83 $44.54 $601.35
149 $609.23 $117.09 $726.32 $48.74 $657.97
150 $556.67 $106.99 $663.66 $44.53 $601.20
Attachment "4"
210
Item12.
March 6, 2024
Space
No.
(A)
Current Rents per
Application
(B)
19.22% Permanent
Rent Increase
(C)
Total New Rent
(A + B)
(D)
8.00% Permanent
Rent Increase
(E)
Total New Rent
(A + D)
19.22% Increase Scenario 8.00% Increase Scenario
151 $556.67 $106.99 $663.66 $44.53 $601.20
152 $604.36 $116.16 $720.52 $48.35 $652.71
153 $645.00 $123.97 $768.97 $51.60 $696.60
154 $583.20 $112.09 $695.29 $46.66 $629.86
155 $402.11 $77.29 $479.40 $32.17 $434.28
Attachment "4"
211
Item12.
Attachment "5"
212
Item12.
Attachment "5"
213
Item12.
Attachment "5"
214
Item12.
Attachment "5"
215
Item12.
STAFF REPORT
March 6, 2024
File Number 0120-15
SUBJECT
BOARD AND COMMISSION INTERVIEWS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council conduct interviews of applicants to fill vacancies on the City's Boards and Commissions.
Staff Recommendation: None (City Clerk’s Office: Zack Beck) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development
BACKGROUND
Terms for certain members serving on the Library Board of Trustees , Planning Commission, Public Art Commission and Transportation and Community Safety Commission are set to expire on March 31, 2024.
The City Council will interview candidates on March 6, 2024 (Attachment “1”) and March 20, 2024. The Mayor’s appointments will be ratified by the City Council in April 2024.
ATTACHMENTS
a. Attachment “1” – Candidate Applications
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Item13.
N
ame Virginia Segarra Bunnell
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 9 ye ars
Employer Excellos, Inc.
Occupation Vice President of People & Administration
Business Address 1155 Island Ave, Suite 400, San Diego, CA 92101 Business Phone
Board of Commission for which you are applying? Library If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position 3 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? Library Board
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) John Schwab, retired, Pauline Gourdie, CEO, CSL Staffing,
Community Involvement: List present membership in any community service or civic organizations, if any? Library Board of Trustees Escondido Chamber of Commerce Charitable Foundation Attachment "1"
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Item13.
Name Stephanie Reyes-Hollister
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 8
Em
ployer ICW Group
Occupation Underwriting Assistant
Business Address 15025 Innovation Dr San Diego, CA 92128 Business Phone 858.350.2581
Board of Commission for which you are applying? Library Trustee If you have filed additional applications for other boards or commissions, please list them in order of preference Transportation and Safety, Library Trustee
If you are an incumbent, how long have you served in your current position 0 Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? None
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? None.
Personal References (Name/Address/Business Address/Occupation) Anisa Chaudry, Training Events Project Manager
Community Involvement: List present membership in any community service or civic organizations, if any? None.
Attachment "1"
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Name Bill Durney
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 22 years
Employer Retired
Occupation Former Business Owner
Business Address None
Business Phone
Board of Commission for which you are applying? Transportation If you have filed additional applications for other boards or commissions, please list them in order of preference None
If you are an incumbent, how long have you served in your current position 14 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? None
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? None
Personal References (Name/Address/Business Address/Occupation) Mayor Dane White EUHSD Superintendent Jon Peterson Tina Pope, Neighborhood Healthcare Community Involvement: List present membership in any community service or civic organizations, if any? Member Escondido High School Board Member Escondido Transportation and Safety Commission
Attachment "1"
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Name Lon R Grothen
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 10 ye ars
Employer retired from GEICO
Occupation Auto Claims
Business Address 14111 Danielson Poway
Business Phone
Board of Commission for which you are applying? Traffic If you have filed additional applications for other boards or commissions, please list them in order of preference No
If you are an incumbent, how long have you served in your current position No Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Robert Thompson Claims Supervisor GEICO Lynne Anderson
Retired Auto Claims Supervisor/Regional Liability Administrator GEICO Chris Hedden Address to be provided, Regional Liability Administrator.
Community Involvement: List present membership in any community service or civic organizations, if any? Intern: San Diego Police Department Chair GEICO Grassroots Committee; Distributed Corporate donations to the local charities. Board Member and Manager; La Mesa Little League
Attachment "1"
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Name Beth Kassebaum
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 10 ye ars
Employer Self-employed
Occupation Homeschool mom, jam maker, sometimes traffic engineer Business Address
Business Phone
Board of Commission for which you are applying? Transportation and Community Safety Commission If you have filed additional applications for other boards or commissions, please list them in order of preference None
If you are an incumbent, how long have you served in your current position 6 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? I worked as a Traffic Engineer for the City from 2011-2015 Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Ray Laigo, Traffic Engineer Ted Hamilton, Pastor Jeff
& Jenny Morgan, structural engineer & homemaker, close friends Community Involvement: List present membership in any community service or civic organizations, if any? Active member of the Old Escondido neighborhood group and Homes Tour host
Attachment "1"
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Name Tokeli Baker
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 5 y ears
Employer None
Occupation Self employed artist
Business Address None
Business Phone None
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference None
If you are an incumbent, how long have you served in your current position N/A Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Dane White, Mayor of Escondido Pat Hunter, Escondido Art Association past president advisor Suzanne Nicolaisen, EAA ambassador.
Community Involvement: List present membership in any community service or civic organizations, if any? President, Escondido Art Association (current)
Attachment "1"
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Item13.
Name Steve Hart
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? No
Home Phone
Email Address
Length of time you lived in the area 13 ye ars
Employer United States Navy
Occupation Hovercraft Pilot instructor
Business Address 3423 Guadalcanal Rd. San Diego, CA 92155 Business Phone
Board of Commission for which you are applying? Public Arts Commission If you have filed additional applications for other boards or commissions, please list them in order of preference n/a
If you are an incumbent, how long have you served in your current position n/a Have you ever been a member of any City board or Commission, or employed by the City of Escondido no
If so what capacity? n/a
Are any persons now employed by the City of Escondido related to you by blood or by marriage? no If so, list name and relationship? n/a
Personal References (Name/Address/Business Address/Occupation) Dane White Escondido Mayor Tokeli Baker Escondido Art Association President. Suzanne Nicholiason EAA Ambassador/ Esco Alley Art Pat Hunter EAA Past president/ advisor Community Involvement: List present membership in any community service or civic organizations, if any? Vice President of the Escondido Art Association Member of MAGEC and DBA
Attachment "1"
223
Item13.
Name Jacqueline Kelleher
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? I don’t know
Home Phone
Email Address
Length of time you lived in the area 6 y ears
Employer Helen Woodward animal center
Occupation Technology manager
Business Address 6523 Helen Woodward Way
Business Phone 858-756-4117 ext 359
Board of Commission for which you are applying? Public Art Comission If you have filed additional applications for other boards or commissions, please list them in order of preference No
If you are an incumbent, how long have you served in your current position No Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? No
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? No
Personal References (Name/Address/Business Address/Occupation) Fernanda Lopez - - Works for the San Diego County Health and Human Services Department as a Communications Officer Sara Adame - Graphic Designer for IMG Group
Community Involvement: List present membership in any community service or civic organizations, if any? Volunteer at the San Diego Zoo Safari Park for 5+ years Volunteer with MANA San Diego Hermanitas program for 2 years
Attachment "1"
224
Item13.
Name Nathalie Martinez
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 25 ye ars
Employer Universidad Popular
Occupation Community Educator
Business Address 261 Autumn Dr
Business Phone N/A
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position almost 2 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? Current Public Art commissioner
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Dr. Arcela Nuñez-Alvarez, Co-Director of Universidad Popular Maria Nuñez, San Marcos City Council Member Community Involvement: List present membership in any community service or civic organizations, if any? Member of the Southern Border Coalition, San Diego County Economic Development Agencies Sector
Attachment "1"
225
Item13.
Name Heidi Paul
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 27 ye ars
Employer Retired from SMUSD (SMHS & Mission Hills High) Occupation English/AVID/History Teacher
Business Address N/A
Business Phone N/A
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position 2 Years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Public Art Commission
If so what capacity? Commissioner
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No.
If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Melinda Finn Home Address:
Business Address: Palomar College, San Marcos (760) 803-4284 Photography Teacher Cheri Barbour Home Address:
Artist, Retired RN Nancy Herzfeld-Pipkin Home Address:
Retired Grossmont College Teacher
Community Involvement: List present membership in any community service or civic organizations, if any? Qualifications: I would like to continue to serve my community on the Public Art Commission.
Attachment "1"
226
Item13.
Name Patricia Spann
Address
Do you live in the City of Escondido Limits? 46 plus years Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 46 p lus years
Employer Expressions Design/Correct Carpet
Occupation Designer and Sales
Business Address 218 East Grand Ave.
Business Phone 760-7414047
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position 2 Terms 4 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage?
If so, list name and relationship?
Personal References (Name/Address/Business Address/Occupation) Dr. Matt Hubbard Awaken Church Pastor and Chiropractor Dan and Heather Moe Design Moe Kitchen Board of DBA Escondido Traci Bass Caldwell BankerRealtor President of Old Escondido Historic District Urban
Community Involvement: List present membership in any community service or civic organizations, if any? Current Public Arts Commission Past Board Member of DBA and Old Escondido Historic District
Attachment "1"
227
Item13.
Name Marty Tiedeman
Address
Do you live in the City of Escondido Limits? Escondido
Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 36
E
mployer retried
Occupation Airline Flight Attendant
Business Address
Business Phone
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference none
If you are an incumbent, how long have you served in your current position 10 years as Docent Coordinator
Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? Past Member & Chair of the Public Art Commission Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? None
Personal References (Name/Address/Business Address/Occupation) James & Patricia Spann - Local business owner. volunteer community leaders
Community Involvement: List present membership in any community service or civic organizations, if any? Currently continue to serve on our Public Art Commission Sub-Committee - Docent Coordinator & Manage Queen Califia Docent Program Including : Interview new applicants, Train & Educate volunteer applicants on the Queen Califia Magical Circle - Conduct Private Tours and serve as liaison to art museums and art organizations concerning Queen Califia Magical Space and Artists: Niki De Saint Phalle.
Attachment "1"
228
Item13.
Name Ana Marie Velasco
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 22 yr s
Employer Retired from EUSD
Occupation Teacher
Business Address 2310 Aldergrove Ave
Business Phone (760)432-2400
Board of Commission for which you are applying? Public Art If you have filed additional applications for other boards or commissions, please list them in order of preference no
If you are an incumbent, how long have you served in your current position 4 yrs?? Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes : PAC
If so what capacity? Chair
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? None
Personal References (Name/Address/Business Address/Occupation) EUSD :
Community Involvement: List present membership in any community service or civic organizations, if any? PAC ECAG Sierra Club North County ACLU Center for the Performing Arts Escondido
Attachment "1"
229
Item13.
Name Ashley Witkin
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 22 ye ars
Employer Baker Home Energy
Occupation Accountant
Business Address 2120 Harmony Grove Rd
Business Phone (877) 409-0341
Board of Commission for which you are applying? Public Art If you have filed additional applications for other boards or commissions, please list them in order of preference Planning, Public Art
If you are an incumbent, how long have you served in your current position na Have you ever been a member of any City board or Commission, or employed by the City of Escondido na
If so what capacity? na
Are any persons now employed by the City of Escondido related to you by blood or by marriage? na If so, list name and relationship? na
Personal References (Name/Address/Business Address/Occupation) MaryAnne McCollister, Baker Home Energy, Staff Accountant Denene Lance, Glendora
Country Club, Director of Sales and Marketing
Community Involvement: List present membership in any community service or civic organizations, if any? na
Attachment "1"
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Item13.
STAFF REPORT
March 6, 2024
File Number 1300-00
SUBJECT
RESOLUTION IN SUPPORT OF ASSEMBLY BILL 1999
DEPARTMENT
City Council
RECOMMENDATION
Request the City Council approve Resolution No. 2024-26 in support of Assembly Bill 1999.
Staff Recommendation: Approval (City Council: Deputy Mayor Christian Garcia) Presenter: Christian Garcia, Deputy Mayor
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido
BACKGROUND
On February 21, 2024, Deputy Mayor Garc ia and Mayor White requested a R esolution supporting Assembly Bill 1999 (Attachment “1”) be placed on the Future Agenda.
RESOLUTIONS
a. Resolution No. 2024-26
ATTACHMENTS
a. Attachment “1” – Assembly Bill 1999
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Item14.
RESOLUTION NO. 2024-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, STATING ITS SUPPORT OF
CALIFORNIA STATE ASSEMBLY BILL 1999
WHEREAS, the City Council of the City of Escondido has a duty to ensure the residents of Escondido are fairly represented by the California State Assembly; and WHEREAS, the California State Assembly is a decision-making body comprised of elected officials from each Assembly District, empowered to introduce legislation called Assembly Bills; and WHEREAS, the California Public Utilities Commission is a decision -making body comprised of officials appointed by the Governor of California, that oversees utility service providers; and WHEREAS, the residents of Escondido are impacted by policies of the California Public Utilities Commission, including those codified in Assembly Bill 20 5, which instituted an income-graduated fixed charge for electricity; and
WHEREAS, Assembly Bill 1999 seeks to repeal provisions within Assembly Bill 205, in particular Public Utilities Code § 739.9, pertaining to income-graduated fixed charges for electricity; and WHEREAS, it is the best interests of City residents for the City Council to sta te, and relay to the state legislature, its position on a matter of jurisdictional importance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
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Item14.
2. That the City Council of the City of Escondido supports the passage of Assembly Bill 1999.
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Item14.
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1999
Introduced by Assembly Members Irwin, Addis, Berman, Connolly, Muratsuchi, Papan, Pellerin, Quirk-Silva, Ting, Ward, and Weber
(Principal coauthor: Assembly Member Bauer-Kahan)
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Boerner, Bonta, Friedman, Lee, Low, and Maienschein)
(Coauthor: Senator Blakespear)
January 30, 2024
An act to amend Section 739.9 of the Public Utilities Code, relating to electricity.
legislative counsel’s digest
AB 1999, as introduced, Irwin. Electricity: fixed charges.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers.
Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Existing law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage.
Corrected 1-31-24—See last page. 99
Attachment "1"
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Item14.
This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain provisions of this bill would be a part of the act and therefore a violation of the bill’s requirements or of a commission action implementing its requirements would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
V ote: majority.
Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 739.9 of the Public Utilities Code is line 2 amended to read:
line 3 739.9. (a) “Fixed charge” means any fixed customer charge, line 4 basic service fee, demand differentiated basic service fee, demand line 5 charge, or other charge not based on the volume of electricity line 6 consumed.
line 7 (b)
Increases to electrical rates and charges in rate design line 8 proceedings, including any reduction in the California Alternate line 9 Rates for Energy (CARE) program discount, shall be reasonable line 10 and subject to a reasonable phase-in schedule relative to the rates line 11 and charges in effect before January 1, 2014.
99 — 2 — AB 1999
Attachment "1"
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Item14.
line 1 (c) Consistent with the requirements of Section 739, the line 2
commission may modify the seasonal definitions and applicable line 3 percentage of average consumption for one or more climatic zones. line 4 (d)
The commission may adopt new, or expand existing, fixed line 5 charges for the purpose of collecting a reasonable portion of the line 6 fixed costs of providing electrical service to residential customers. line 7 The commission shall ensure that any approved charges do all of line 8 the following:
line 9 (1) Reasonably reflect an appropriate portion of the different line 10
costs of serving small and large customers.
line 11 (2) Not unreasonably impair incentives for conservation, energy line 12
efficiency, and beneficial electrification and greenhouse gas line 13 emissions reduction.
line 14 (3)
Are set at levels that do not overburden low-income
line 15 customers.
line 16 (e) (1) For the purposes of this section and Section 739.1, the line 17 commission may authorize fix ed charges for an y rate schedule line 18 applicable to a residential customer account. The fixed charge shall line 19 be established on an income-graduated basis with no fe wer than line 20 three income thresholds so that a lo w-income ratepayer in each line 21 baseline territory w ould realize a lo wer a verage monthly bill line 22 without making an y changes in usage. The commission shall, no line 23 later than July 1, 2024, authorize a fix ed char ge for def ault line 24 residential rates.
line 25 (2) For purposes of this subdivision, “income-graduated” means line 26 that lo w-income customers pay a smaller fix ed char ge than line 27 high-income customers.
line 28 (e) For purposes of this section and Section 739.1, the line 29 commission may
, beginning January 1, 2015, authorize fixed
line 30 charges that do not exceed ten dollars ($10) per residential line 31 customer account per month for customers not enrolled in the line 32 CARE program and five dollars ($5) per residential customer line 33 account per month for customers enrolled in the CARE program. line 34 Beginning January 1, 2016, the maximum allowable fixed charge line 35 may be adjusted by no more than the annual percentage increase line 36 in the Consumer Price Index for the prior calendar year. This line 37 subdivision applies to any default rate schedule, at least one line 38 optional tiered rate schedule, and at least one optional time-variant line 39 rate schedule.
99 AB 1999 — 3 —
Attachment "1"
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line 1 (f) Notwithstanding the requirements of subdivision (d) of line 2 Section 739 and Section 739.7, the commission shall not apply line 3 the composite tier method to the treatment of any revenues resulting line 4 from any fixed charge adopted pursuant to this section. line 5 SEC. 2. No reimbursement is required by this act pursuant to line 6 Section 6 of Article XIIIB of the California Constitution because line 7 the only costs that may be incurred by a local agency or school line 8 district will be incurred because this act creates a new crime or line 9 infraction, eliminates a crime or infraction, or changes the penalty line 10 for a crime or infraction, within the meaning of Section 17556 of line 11 the Government Code, or changes the definition of a crime within line 12 the meaning of Section 6 of Article XIII B of the California line 13 Constitution.
line 14
line 15
CORRECTIONS: line 16
Heading—Lines 4 and 7. line 17
line 18
O
99 — 4 — AB 1999
Attachment "1"
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KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
3/13/2024 - NO MEETING
3/20/24 (B&C INTERVIEWS)
PRESENTATION - (J. SCHOENECK) - AG-TECH HACKATHON
CONSENT CALENDAR - (A.MORROW) - AMENDMENT NO. 5 TO SAN DIEGO REGIONAL STORMWATER COPERMITTEE MOU - Request the City Council adopt Resolution 2024-25, authorizing the Mayor to execute, on behalf of the City of Escondido, an amendment to the San Diego Regional Stormwater Copermittee Memorandum of Understanding.
ESSENTIAL SERVICE: YES - CLEAN WATER
COUNCIL PRIORITY: NEIGHBORHOOD IMPROVEMENT
RENT REVIEW BOARD HEARING - (C. MCKINNEY) - SHORT-FORM RENT INCREASE APPLICATION FOR GREENCREST MOBILEHOME PARK - It is requested that Council review and approve the short-form rent increase application submitted by Greencrest Mobilehome Park and adopt Rent Review Board Resolution No. RRB 2024-XX.
ESSENTIAL SERVICE: YES - INTERNAL REQUIREMENT
COUNCIL PRIORITY:
CURRENT BUSINESS - (J. SCHOENECK) - VINEHENGE
ESSENTIAL SERVICE:
COUNCIL PRIORITY: IMPROVE PUBLIC SAFETY
CURRENT BUSINESS - (C.HOLMES) - FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2023 AND BUDGET ADJUSTMENT REQUEST - Request the City Council: Receive and file the second quarter financial report for FY2023/24 (Attachment 1); Adopt Budget Adjustments (Attachment 2) to amend the Fiscal Year 2023/24 operating and capital improvement budgets.
ESSENTIAL SERVICE: Yes - Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY: Eliminate Structural Deficit
CURRENT BUSINESS - (Z. BECK) - BOARD AND COMMISSION INTERVIEWS - Request the City Council conduct interviews of applicants to fill vacancies on the City's Boards and Commissions.
ESSENTIAL SERVICE: YES, INTERNAL REQUIREMENT
COUNCIL PRIORITY:
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Item15.