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MOBILEHOME RENT REVIEW BOARD
GUIDELINES
Adopted by Minute Action September 28, 1988
Amendment by Minute Action January 11, 1989
Amended by Minute Action February 8, 1989
Amended by Resolution RRB 89-5 May 17, 1989
Amended by Resolution RRB 90-7 April 4, 1990
Amended by Resolution RRB 94-05 April 13, 1994
Amended by Resolution RRB 94-12 January 11, 1995
Amended by Resolution RRB 97-05 December 3, 1997
Amended by Resolution RRB 97-07, December 17, 1997
Amended by Resolution RRB 98-07, June 10, 1998
Amended by Resolution No. 2005-132
Amended by Resolution RRB 2017-02R, June 28, 2017
Amended by Resolution RRB 2020-04R, June 24, 2020
Amended by Resolution RRB 2024-121, August 14 2024
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CITY OF ESCONDIDO
MOBILEHOME RENT REVIEW BOARD GUIDELINES
Following are the guidelines for the mobilehome rent review process including staff review, the staff report, and the rent review hearings (“Guidelines”). Also included are City of Escondido (“City”) Mobilehome Park Rent Review Board (“Board”) rules of order.
Section 1: Staff Review.
When a park owner submits an application for a rent increase request, City staff shall review the application to determine whether or not it is complete. Per Section 29-104(d) of the City’s Rent Control Ordinance, Staff must determine whether the application is complete within thirty (3 0) days of receipt of the application and the application fee, if any. If the application is determined to be incomplete, the park owner shall be notified of the deficiencies. Upon resubmittal, staff will determine whether the application is now complete within thirty (30) days of receipt of additional information provided by the park owner as requested by staff.
Once an application is determined to be complete, staff will mail a notice to all affected residents stating that they can review the final application and any supporting documents and that they have thirty (30) days to respond with written comments or other forms of documentation. The applicant and tenant representative(s) will be provided with a copy of these Guidelines at that time.
A thirty (30) day notice is mailed to residents, which informs them of their right to review the park owner's application and all supporting documents. A copy of the application is provided to the park tenant representative(s) for review. A copy shall also be available at City Hall. Additionally, pursuant to Section 29 -104(e) of the Rent Control Ordinance, staff shall provide each Board member a copy of the application once the application is deemed complete.
Any information submitted by the park owner after the application is determined to be complete will not be incorporated into the staff report for the hearing because the residents may not have had an opportunity to review the information during their thirty (30) day review period.
The City's Code Compliance Division will inspect the common areas of the park and submit a report concerning the condition of the faci lities. Also, any past violations and any corrective actions will be reported.
Section 2: Staff Report.
Staff will provide the Board members a written staff report which describes the park, summarizes the park owner's application, and analyzes the rent increase request. A copy of the park owner's final application and the residents' written responses will be attached to the report. If staff retained a consultant to review the application, the consultant’s report will also be attached.
Section 3: Notice of Public Hearing.
While the Rent Control Ordinance spells out certain requirements for the hearing process, it is deemed beneficial to further refine the process so that the Board and the parties involved have a clear understanding of the hearing process and will know what to expect on the day of the hearing. 181
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Pursuant to Section 29-104(e) of the Rent Control Ordinance, staff will mail a notice of the time, date and place of the hearing to park residents and the park owner at least ten (10) days prior to the hearing. The Code Compliance Division report shall also be available for public review ten (10) days in advance of the hearing. The staff report will be available for public review when the report is delivered to the Board for review, and the notice will inform the parties of this fact. A copy of the staff report will either be sent by certified mail or picked up by the park owner, and a designated resident representative(s).
Section 4: Staff Presentation.
At the hearing, staff will give a brief summary of the staff report and application. If staff retained a consultant to review the application, the consultant may provide a summary of their analysis and report. The Board members may then ask questions of the staff and consultant. A representative from the City Attorney's Office will attend meeting s to offer legal assistance as needed. Minutes will be taken by the City Clerk staff.
Section 5: Public Input.
Pursuant to Section 29 -104(f) of the Rent Control Ordinance , the park owner and the affected tenants may offer any testimony that is relevant to the requested rent increase . Staff will provide slips indicating a "request to speak" at the meeting. The park owners present their testimony first.
As detailed in the Rent Control O rdinance, the applicant and affected residents can only offer written information for the first time at the hearing if good cause is shown as to why such evidence was not previously filed with the City Clerk's Department. The Board encourages the applicant and the affected residents to appoint one or two representatives to present information at the hearing. Time limits for speakers are described in the Guidelines under "Board Rules of Order…Manner of Addressing Board —Time Limit." If the Board determines that they have sufficient information to reach a decision, they will close the hearing. If they require further information, the hearing will be continued to a specified date to allow the parties or staff an opportunity to collect the necessary data.
Once the Board has all the information they deem necessary, it will close the hearing. Once the hearing is closed, the Board has fifteen (15) days to make a determination. The Board may consider the option of making a determination at the hearing in an attempt to resolve the issue as quickly as possible. Whether or not the Board reaches a decision on the day of the hearing, the Board will be required, under the Brown Act, to deliberate and reach a decision at a public meeting rather than in closed session.
Section 6: Policies Governing Board Review.
A. Eleven Factors. When reviewing rent increase applications not governed by Section M herein, commonly referred to as “Long-Form Applications, ” the Board will consider the eleven (11) factors detailed in Section 29-104(g) of the Rent Control Ordinance.
CPI – Pursuant to Section 29 -104(g)(1) of the Rent Control Ordinance, the Board will consider increases in the San Diego Metropolitan Area Consumer Price Index, All Items/All Urban Consumers component as published by the United States Bureau of Labor Statistics (“Bureau”) (“CPI”), as one of the relevant factors when reviewing a Long Form Application.
If the Bureau changes the geographic reporting area in which the City is located, the Board shall use the most current applicable reporting area established by the Bureau. 182
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The Board shall take into account ninety percent ( 90%) of increases in the CPI over the relevant review period provided for in Section 29-104(g).
Section 7: Capital Improvements.
A. Definition and Examples of Capital Improvements - Capital Improvement is defined by Section 29-101 of the Rent Control Ordinance to mean "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."
1. Normal routine maintenance and repair of a park is not a capital improvement. For example, patching of potholes and slurrying of asphalt streets and roadways constitute ordinary repairs and are not capital improvements within the meaning of the Ordinance.
2. Major replacement or major reconstruction of an existing facility or improvement constitute capital improvements. For example, the major replacement and/or reconstruction of streets or roadways, sewer lines, water lines and gas lines constitute capital improvements.
3. Addition of new facilities in a park, such as a new office or utility room, a sauna, a jacuzzi or an addition to a recreation room, are also examples of capital improvements.
4. Capital improvements which would otherwise form the basis for a capital improvement rent increase cannot be the basis of such an increase if the park owner charges a fee for the use of the improvement. For example, additional washers and dryers installed for the use of residents cannot be the basis for a capital improvement rent increase if the tenants must pay to use them.
5. Portable items, such as pool furniture and landscaping or gardening equipment, do not constitute capital improvements.
6. Rent increase requests based entirely or in part on capital improvements can be brought before the Board prior to the initiation of the proposed work. In these cases, the applicant is encouraged to seek the approval of his/her residents for the improve ment, prior to the submittal of an application.
B. Capital Improvement/Rehabilitation Work - In any case where a park owner submits a rent increase application that is based in part, or entirely , on the cost of capital improvements and/or rehabilitation wo rk, the staff and/or their consultant shall calculate for the Board’s consideration the rent increase based on the following:
The work is amortized over the expected life of the improvement. If available, s tandard depreciation tables used by the Internal Revenue Service (“ IRS”) to determine deductions for taxes shall be used to determine the expected life of the work. Any increase that is granted shall be temporary over the IRS authorized amortization period . Any capital improvement rent increase shall i nclude interest based either on the actual interest rate charged to the applicant for funds utilized to fund the improvement or, if the cost was not financed, the average rate for thirty-year fixed mortgages plus one (1%) percent, and that the average rate shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (“PMMS”) as of the date of the initial submission of the application. At the time an increase is granted, the Board will list separately any increase for capital im provements or rehabilitation work.
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Section 8: Code Violations.
No increase granted for any park shall go into effect until any existing code deficiencies are corrected. Such violations shall not be utilized by the Board as a reason for not granting an increase or reducing the amount of a requested increase. A provision regarding the effective date of the Board’s action shall be included in each Resolution of the Board approving a rent- increase.
Section 9: General Policies Governing the Board's Deliberations and Determination.
A. The Park Survey which compares the condition and quality of each park in the City, shall be updated by staff every two years. Park Appraiser shall contact an officer or designee from the organized residents’ group who shall participate in all inspections of the park.
When periodically conducting the Park Survey, the Park Appraiser shall contact an officer or designee from the organized residents ’ group who shall participate in all inspections of the park.
B. To assist in determining a reasonable rate of return, the Board shall always be provided with information setting forth the rate of return for the applicant mobilehome park since the date the last application for a rent increase was deemed complete based o n return on cash investment, return on book value, and maintenance of net operating income. The Board recognizes that each application must be evaluated on its own facts and that not every rate of return analysis will be relevant in each application. The Board shall consider the facts of each application and, based on those facts and circumstances, may utilize any, all or none of the rate of return analyses in making its determination of what, if any, rent increase may be warranted.
C. In order to avoid rep etitive hearings and unreasonable burdens on City staff and Park residents, no application for a rent increase shall be accepted within a period of one year from the date the last application was deemed complete.
D. The Board generally prefers to avoid conti nuing hearings. All persons wishing to make presentations to the Board should come to the hearing fully prepared.
E. All applications for rent increases shall be accompanied by financial statements covering the period from the date the last application for a rent increase was deemed complete.
F. All applications shall be accompanied by a statement attesting to the truth and accuracy of all information set forth in the application, which statement shall be signed by the applicant and shall be sworn under penalty of perjury.
G. All applications shall be accompanied by all documents, receipts, invoices and other data which support and substantiate the claims and assertions set forth in the application.
H. The application, including all its supporting data and documentation and all other information used to form the basis of any staff presentation or recommendation, shall be available for public review during normal business hours.
I. Where it determines that an applicant has knowingly falsified any information in the application for a rent increase, the Board shall immediately suspend further proceedings on the application and no new application for a rent increase shall be accepted for processing for a period of one year from the date of such action.
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J. The applicant shall be required to deposit the sum of $ 7,500 at the time of filing the application with the City. This amount will be used to reimburse the City for costs associated with evaluation of the application and preparation of information regarding the rate of return for the park under criteria established by the Board and to defray the costs of any supplementary work which may be required to insure that the application is complete. This deposit will also be available to pay for analysis of any claims set forth in the application or materials supplied to substantiate claims made in the application to determine their validity and veracity.
Where the deposit is exhausted prior to completion of the review of the rent increase application, no further work on the appl ication shall be conducted until further amounts are deposited, as the Board may deem appropriate.
A park owner may seek from residents the recovery of actual costs incurred for purposes of the evaluation of a Long Form Rent Increase application as part of the rent increase application. Such cost reimbursement shall be recovered over a period of not less than 1 year. The determination of the amount and timing of any reimbursement expenses to be included in an approved application shall be within the discretion of the Board.
K. In its evaluation of information submitted to support any application for a rent increase, the Board shall take into account only information, facts and circumstances arising from the date the last application for a rent increase was deemed complete.
L. The applicant shall bear the burden of proof of establishing, on the basis of substantial evidence, all claims set forth in the application including, without limitation, all claims for expenses, depreciation and other costs incurred in c onnection with the operation of the subject mobilehome park. Invoices, receipts and other similar documents shall not, by themselves, necessarily establish that such expenses were properly incurred.
Section 10: Written Communication.
A. If a park owner or any affected resident wishes to submit written information after their respective cutoff dates, said information must be received by the City Clerk’s Department at least seven (7) days prior to the hearing.
City staff will distribute th e information to the Board members and the affected parties no later than five (5) days prior to the hearing. Any information going to the residents will be given to the designated resident representative.
B. At the rent review hearing concerning the applic ation, the party submitting said written information shall explain in the course of his/her oral testimony why the Board should consider the late presented material, and why it was not presented earlier. Said party shall ask the Board to consider the late presented written material. If the Board wishes to consider such late presented material, the Board shall:
1. Give the opposing party an opportunity to object to the introduction of such new material.
2. After considering any opposition, determine if "good cause exists" to permit the late presented material be made part of the hearing record, and
3. Give the opposing parties and staff an opportunity to respond orally at the hearing to the new material. Depe nding upon the type of written material presented, the Board may also decide to keep the hearing open for a limited period of time in order to permit 185
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the opposing party or staff an opportunity to further review and comment in writing upon the new written material.
C. At a particular hearing, the Board may decide that additional written evidence or testimony is required, and ask that a party or staff submit it to the Board. In those circumstances, it is recommended that the Board:
1. Continue the hearing to a date certain by which time the additional information will be available.
2. Require that the party preparing the additional material give copies of the material to staff at least seven (7) calendar days prior to the date of the continued hearing. City staff will distribute the information to the Board members and the affected parties. Any information going to the residents will be given to the designated resident representative, and
3. Give the opposing parties and staff an opportunity to respond in writing at least three (3) days before the hearing. Depending upon the type of written material, the Board may also decide to keep the hearing open for a limited period of time in order to permit the opposing party or staff more opportunity to review and comment in writing upon the new written material.
Section 11: The Short-Form CPI Rent Increase Application In lieu of using the Long Form Application hearing process and policies set forth herein, a park owner may request an increase using the “short form” process. The following principles for the application review and public hearing process will apply only to the “short form” application:
A. The park owner must use the standard short -form application prepared by the City of Escondido.
B. A short-form application wi ll only be considered if the park owner’s request applies to 100% of all spaces in the park which are subject to rent control.
C. The park owner’s Short-Form CPI Rent Increase Application must be based solely on the change in the CPI as defined in these Guid elines since the last increase granted by the Board. The requested increase under a Short-Form CPI Rent Increase Application may not exceed ninety percent (90%) of the increase in CPI since the last increase granted by the Board, or 8% of the current ren t, whichever is less, subject to the two -year limit in Section I.
D. The Board will consider the Short-Form application at a public hearing. The staff report will not contain analysis of any of the factors required by Section 29 -104(g) of the Rent Control Ordinance other than the change in CPI. In determining whether the amount of the park owner’s requested increase is appropriate, the Board must presume that up to ninety percent (90%) of the CPI is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Rent Control Ordinance factors in Section 29-104(g) at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.
E. No application fee is required for a Short-Form CPI Rent Increase . Any park owner granted any increase as a result of using the short -form application is exempt from the annual per space administration fee imposed by the City pursuant to Resolution No. 2005- 132, or any successor resolution. The period of exemption applies to those spaces for which 186
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the rent level was set as a result of the Short-Form CPI Rent Increase process, and lasts until another increase is granted by the Board.
F. The City must notify the residents of the park own er’s request for a Short-Form CPI rent increase at least 30 days prior to the hearing. The park owner must provide to the City the names, addresses, and mailing labels for all individuals affected by the application, and the City will mail notice of the application and the date of the hearing to the affected residents.
G. Any interested person will be allowed to speak at the public hearing on their own behalf, and the Board’s consideration of their comments will be limited to the factors set forth in Section 29-104(g) of the Rent Control Ordinance. If residents from a majority of the spaces in the park which are subject to rent control personally appear at any time prior to the close of the public hearing and state their objection to the Short-Form application, the Board shall have the option (after verifying the residency status of those objecting) not to approve the short-form application.
H. If the Board denies a Short-Form CPI Rent Increase application, or grants an increase less than the amount requested i n the application, the owner must be permitted to submit a regular Long Form Application as provided for in these Guidelines and the Rent Control Ordinance. The park owner shall have 30 days from the date of the Board's decision on the Short-Form CPI Rent Increase application to notify the City whether or not they are accepting the decision from the Short Form application, or whether they wish to file a Long Form Application . The filing of a Long Form A pplication shall render all of the proceedings from the Short-Form CPI Rent Increase application null and void.
I. The Short-Form CPI Rent Increase process may not apply to any period in excess of 2 years.
J. No application for a Short-Form CPI Rent Increase will be accepted within a period of one year from the date the last application was deemed complete.
K. The City’s Code Compliance Division will inspect the common areas of the park for health and safety violations, and submit a report concerning the conditi on of the facilities. No increase shall go into effect until any existing code deficiencies are corrected.
L. As a condition of using a Short Form application, the park owner agrees to the following:
1. Upon the closure of an In-place Transfer, or other conveyance of a rent-controlled mobilehome, the park owner may increase the space rent, to the greater of the Average Space Rent plus 8% or the Final Space Rent charged to the Changing Mobilehome Owner plus 8% provided that rent -controlled space rent shall not exceed $950 on July 1, 2020. Beginning in 2021, the City shall adjust the $950 limit each year, on July 1, to reflect any increase in the CPI. Space rents above $950 on July 1, 2020, shall not be automatically decreased because of this Subsection. The 8% vacancy control cap only applies to sales where there is a transfer of ownership from Resident to Resident. If the Park owns the space and the mobilehome, when a new tenant moves in, there is no transfer of ownership and therefore, vacancy control will not apply to that space. The 8% vacancy control cap only applies to In- place Transfers, sales where the same mobilehome remains on the lot.
2. As used herein, the following definitions apply:
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a. “Average Space Rent” means the total amount of rent charged for all spaces in a mobilehome park occupied by a resident owned mobilehome, divided by the number of spaces in the park occupied by a resident owned mobilehome, calculated on the most recent annual rent control survey. b. “Changing Mobilehome Owner” means when mobilehome owner/tenants sell or transfer their mobilehome ownership for an In-place Transfer. c. “Final Space Rent” means the rent charged by the owner to the departing tenant for the final month of rent before the In-place Transfer. d. “In-place Transfer” means the transfer of the ownership of a mobilehome with the mobilehome remaining on the mobilehome lot following the transfer.
3. No increase may be imposed pursuant to this Subsection L when an existing mobilehome owner or resident replaces an existing mobilehome with another mobilehome, occupying the same mobilehome space. However, space rent may be increased to market rate when a park owner also owns the mobilehome or no mobilehome sits on a space.
4. No increase may be imposed pursuant to this Subsection L where title to the mobilehome passes to one or more person(s) who, at the time of the title transfer, (a) was/were also lawful, authorized resident(s) of the mobilehome, or (b) were/are parents, siblings, children, of the mobilehome owner and the mobilehome remains in the same space.
5. Space rent may be increased pursuant to this Subsection L once every twelve months as provided for in the Rent Control Ordinance and these Guidelines.
6. Rent increases authorized by this Section L shall be in addition to any other space rent increases authorized by the Board consistent with the Rent Control Ordinance, these Guidelines, and state law.
7. To ensure effective oversight of vacancy control, each park owner shall submit an accurate and complete annual rent control survey to the City, using a spreadsheet provided by the City, no later than October 15th each year. At a minimum, the annual rent control survey shall identify:
a. each space
b. the tenant’s last name,
c. the amount of monthly rent charged for each space on July 1st, d. a list of itemized utilities included in the space rent, e. the type of space (rent controlled, park owned, long-term leased, vacant, or other),
f. a calculation of the Average Space Rent for spaces occupied by a resident owned mobilehome in the mobilehome park, including both rent controlled and non-rent controlled spaces,
g. the date of the last vacancy control rent increase, and 188
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h. the date of last Short-Form CPI rent increase hearing. The City shall validate the accuracy of the Average Space Rent calculations by making the report available to the public.
8. Park owner agrees to not use the Short-Form CPI Rent Increase application process for five years if the Board determines that the park owner increased space rent beyond the levels provided in this Subsection L. The Board shall consider whether any such increases, based on all of the evidence presented to it, were the result of good faith errors and otherwise unin tentional violations of these Guidelines. A condition for applying for relief from the Board under this subsection is that the park owner has already reversed and refunded any rent increases that exceed the limitations of Subsection L.
Section 12: Board Rules of Order for Hearings.
A. Time of Regular Meetings
The Board shall hold regular meetings at 5:00 p.m. on Wednesdays at the City Hall as scheduled by the Board.
If any regular meeting falls on a holiday, such meeting shall be held on the next business day or on such other day as the Board may designate.
B. Matters Covered
The Board shall not consider any resolution, motion or matter which does not affect the conduct of the business of the City of Escondido or its corporate powers or duties as a municipal corporation nor shall the Board consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of sa id State or nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Escondido or its offices or employees as such. Such communications shall be provided to the Board on an information basis only.
C. Rules of Order and Procedure
The Board shall comply with the Rules of Order and Procedure applicable to the City Council and adopted by Resolution of the Escondido City Council.
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STAFF REPORT
August 14, 2024
File Number 0610-55
SUBJECT
DESIGNATION OF VOTING DELEGATE – LEAGUE OF CALIFORNIA CITIES CONFERENCE
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council designate the Voting Delegate and up to two alternates for the League of California Cities Annual Conference in Sacramento, California on October 16-18, 2024.
Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE –No
COUNCIL PRIORITY –
FISCAL ANALYSIS
Costs to attend this conference are included in the City Council’s Training / Meeting budget.
PREVIOUS ACTION
None
BACKGROUND
The Conference is scheduled October 16 -18, 2024 in Long Beach , California . At the Annual Business Meeting the League membership considers and takes action on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate. The City Council may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve. Attached to this Staff Report is the Voting Delegate Form.
ATTACHMENTS
a. Attachment “1” - 2024 Voting Delegate Packet
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
T
O: Mayors, Council Members, City Clerks, and City Managers RE
: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
E
very year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Ta
king place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To c
ast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
A
ction by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
F
ollowing council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Su
bmitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
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onference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
Attachment "1" 202
Item10.
STAFF REPORT
August 14, 2024
File Number 0680-20
SUBJECT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, ESTABLISHING A POLICY
ON FRIENDSHIP CITIES AND SISTER CITIES
DEPARTMENT
City Council
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-126 establishing a Friendship and Sister City Policy for the City of Escondido.
Staff Recommendation: None (City Council: Mayor Dane White, Councilmember Joe Garcia) Presenter: Mayor Dane White and Councilmember Joe Garcia ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
N/A
PREVIOUS ACTION
None
BACKGROUND
On August 7, 2024, Mayor Dane White and Councilmember Joe Garcia requested an item be placed on the Future Agenda to adopt a Sister City Policy for the City of Escondido.
RESOLUTIONS
a. Resolution No. 2024-126
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RESOLUTION NO. 2024-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ESTABLISHING A POLICY ON
FRIENDSHIP CITIES AND SISTER CITIES
WHEREAS, t he Sister City Program was established in 1956 by President Eisenhower for the purpose of helping cities connect and develop a mutual understanding; and WHEREAS, Sister City relationship s are formed between United States cities and international cities with the goal to thrive locally; and
WHEREAS, the Official Sister City relationships are formed by a formal agre ement between the governing body of the United States City and the governing body of the International City. Sister City agreements are protocol agreements, not political agreements; and WHEREAS, a formal Sister City Agreement should be registered with Sister Cities International (SCI), the organization that maintains contact with the U. S. Department of State; and WHEREAS, t he City Council desires to establish a uniform policy in which the formation of a Friendship City or a Sister City relationship is established between the City of Escondido and another International City; and
WHEREAS, i n consideration of establishing a Friendship City or Sister City relationship the following requirements are to be satisfied:
1. There must be area of mutual interest between the City of Escondido and the prospective city in the fields such as, but not limited to culture, arts, music, commerce, education or history. 204
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2. There should be an identifiable, substantial citizen group or an association, which favors the affiliation. Said citizen group or association should intend to pursue a meaningful exchange of ideas and programs once the relationship is established. The group must be in a position to finance its own activities, as the City of Escondido cannot give assurance of financial assistance.
3. An identified civic or official group must exist within the City of Escondido with clear intent to engage in active mutual exchange of ideas and programs.
4. The international city itself must evidence a desire to enter into a Friendship or Sister Relationship with the City of Escondido.
5. The Friendship City relationship may be considered the first step in establishing a Sister City relationship, although, not required in order to establish a Sister City relationship.
6. Any Councilmember may request consideration of a Friendship or Sister City relationship.
7. A Friendship City relationship may be established by the Mayor’s approval or by City Council vote.
8. A Friendship City relationship requires an MOU establishing the link between the cities.
9. In order to establish a Sister City relationship a vote, of approval from City Council is required.
10. A Sister City relationship requires an MOU between the City of Escondido and the international city endorsing the link between the cities.
11. A Sister City relationship must be recognized by the Sister Cities International (SCI) , which would require membership with SCI.
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12. After the agreement has been approved, the new Friendship City or Sister City shall maintain active participation with the citizen group, association, civic organization or official group aforementioned.
13. Termination of a Friendship City or a Sister City relationship must be done by City Council vote. Termination s hould be considered when either the City no longer desires to be in a relationship or the relationship has become inactive.
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. The City Council finds it to be in the best interest of the City to establish a policy as Friendship and Sister Cities consistent with findings in this Resolution. 206
Item11.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
8/28/2024
PRESENTATION - SAN DIEGO COUNTY WATER AUTHORITY SOUTHERN FIRST AQUEDUCT FACIITIES IMPROVEMENT PROJECT PRESENTATION - SAN DIEGO COUNTY DISTRICT ATTORNEY'S OFFICE REVIEW OF PROP 36 CURRENT BUSINESS - (C. MCKINNEY) - REVIEW OF CALIFORNIA CENTER FOR THE ARTS ESCONDIDO FACILITY MANAGEMENT RFP PROCESS CURRENT BUSINESS - (C. MCKINNEY) - GENERAL PLAN AMENDMENT INITIATION CURRENT BUSINESS - (D. WHITE / M. MORASCO) - SEGURRO BATTERY FACILITY CURRENT BUSINESS - (D. WHITE / J. GARCIA) - SISTER CITY POLICY PROPOSAL 9/4/2024 - NO MEETING (LABOR DAY)
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