CITY COUNCIL AND
HOUSING AUTHORITY MEETING AGENDA
TUESDAY MAY 14, 2024 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].
Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
RECOGNITION
1. Resolution Recognizing Older American – Nancy Brewster
2. San Dimas Girls Wrestling CIF Champion Charlene Smith
3. San Dimas Girls Swim CIF Champion Carolyn Kao
PRESENTATION
1. Senior Club Annual Report – Debbie Malouf
2. Homeless Services Update
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Approve Resolution 202423, A Resolution of the City Council of the City of San Dimas,
this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Approve Resolution 202423, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of April 30, 2024 in the Amount of $1,315,827.20 and Warrant Register of May 15, 2024 in the amount of $534,953.40 CC2. Approve Minutes of April 23, 2024 Study Session Meeting and April 23, 2024 Regular Meeting
CC3. Adopt Resolution 202426 Authorizing and Accepting of a $1.5 Million Manufactured Housing Opportunity and Revitalization Program Award from the California Department of Housing and Community Development
CC4. Approve an Increased Budget Appropriation for Revenue Account 034.358.000 to $20,000 and Expenditure Account 034.4802.020 to $20,000 for the San Gabriel Valley Council of Governments (SGVCOG) Housing Solutions Fund (HSF)
CC5. Approval of the Biennial Update to the City's Conflict of Interest Code CC6. Approve Resolution 202425 Boards Commissions and Committee Handbook Update Implementing a Zero Term Policy
CC7. Approve the City Manager or Designee to Renew the Agenda Management Software Agreement with Granicus for 3years in an Amount of $31,315.52 with an Option for Annual Automatic Renewals Thereafter
CC8. Adopt Resolution 202431 to Continue the Public Access Fee for Fiscal Year 202425.
CC9. Approve Parcel Map No. 83411 309 E Gladstone Street (TMPM 210003; PROJ210071) for SB 9 Subdivision Purposes
CC10. Approve Parcel Map No. 83785 (TPM220001; PROJ210038) 809 N Amelia Avenue for SB 9 Subdivision Purposes
CC11. Approve Property Owner’s Request to Change Property Access for 200 W Baseline Road (Tract Map 62861, Lot 3) by Abandoning Access off Baseline Road and to Approve Access Off of Alford Street
CC12. Approve Resolution 202432 Authorizing the Acceptance of a $200,000 Public Safety Grant from the San Gabriel Valley Council of Governments, Appropriate Revenue and Expenditures in the 202324 Operating and Capital Budget to Implement the Grant, and Authorize the City Manager to Execute All Necessary Documents and to Manage the Grant Funds and Performance of the Grant Agreement
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
PUBLICHEARINGITEMS
CC12. Approve Resolution 202432 Authorizing the Acceptance of a $200,000 Public Safety Grant from the San Gabriel Valley Council of Governments, Appropriate Revenue and Expenditures in the 202324 Operating and Capital Budget to Implement the Grant, and Authorize the City Manager to Execute All Necessary Documents and to Manage the Grant Funds and Performance of the Grant Agreement
END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
PUBLIC HEARING ITEMS
PH1. Discussion, Consideration and Introduction of Ordinance 1307 Municipal Code Text Amendment 220002, a Municipal Code Text Amendment to amend Title 18Zoning of the San Dimas Municipal Code to Create Standards to Regulate Recycling Facilities, Donation Boxes and NonUS Postal Service Mailboxes, and Amend Title 18Zoning, Chapter 18.08 Definitions to Reflect the Changes Associated with the Proposed Standards. Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
RECOMMENDATION: Staff and the Planning Commission recommend that the City Council:
1. Hold a public hearing to receive public testimony.
2. Read by title and introduce Ordinance 1307 approving Municipal Code Text Amendment 220002, to create standards to regulate recycling facilities, donation boxes and nonUS postal service mailboxes, and amend Title 18Zoning, Chapter 18.08 Definitions to reflect the changes associated with the proposed standards.
PH2. Discussion, Consideration and Introduction of Ordinance 1308 to Approve ZC 220001 and Approve Vesting Tentative Tract Map 220001, General Plan Amendment 230001, Development Plan Review Board 220015 and Tree Removal Permit 220029; PROJ220051 A request to approve the subdivision of two (2) existing parcels into seven (7) new parcels (TTM 83304) to be developed with seven (7) detached singlefamily residences, amend the General Plan designation of the two (2) parcels from Single Family Very Low (0.2 – 3) to Single Family Low (3.1 – 6), change the Zoning of the two (2) parcels from SFA 16,000 to SF 7,500, and remove 11 mature protected trees for the properties located at 327 East Baseline Road and an unaddressed parcel (APNs 8661017010 & 011); and Amend the General Plan Land Use designation of 17 parcels from Single Family Very Low (0.2 – 3) and Commercial to Single Family Low (3.1 – 6), and change the Zoning designation of 17 parcels from SFA 16,000 to SF 7,500 for the properties located at 1102, 1108, 1114, 1120, 1126, 1132 & 1136 Cherokee Court, 315 E. Baseline Road and an unaddressed Parcel (APNs 8661017009 & 008), 245 E Baseline Road, and 1117, 1121, 1129, 1139, 1145, 1151 & 1150 N. Walnut Avenue and to adopt an Initial Study/Mitigated Negative Declaration (IS/MND).
RECOMMENDATION: Staff and the Planning Commission recommend that the City Council:
1. Adopt Resolution 202430, adopting the Initial Study/Mitigated Negative Declaration.
2. Adopt Resolution 202429, approving General Plan 230001 and Tenative Tract Map 220001; and as recommended by the Development Plan Review Board, Case No. 220015 and Tree Removal Permit 220029.
3IntroduceOrdinance1308approvingZoneChange220001
16,000 to SF 7,500 for the properties located at 1102, 1108, 1114, 1120, 1126, 1132 & 1136 Cherokee Court, 315 E. Baseline Road and an unaddressed Parcel (APNs 8661017009 & 008), 245 E Baseline Road, and 1117, 1121, 1129, 1139, 1145, 1151 & 1150 N. Walnut Avenue and to adopt an Initial Study/Mitigated Negative Declaration (IS/MND).
RECOMMENDATION: Staff and the Planning Commission recommend that the City Council:
1. Adopt Resolution 202430, adopting the Initial Study/Mitigated Negative Declaration.
2. Adopt Resolution 202429, approving General Plan 230001 and Tenative Tract Map 220001; and as recommended by the Development Plan Review Board, Case No. 220015 and Tree Removal Permit 220029.
3. Introduce Ordinance 1308, approving Zone Change 220001.
PH3. Adopt Resolution 202427 and Introduce Ordinance 1306 Approving the Following Related Applications with a Mitigated Negative Declaration for the Development of a 63,749 Square Foot Warehouse/Office Multitenant Building on a 2.58acre Site Located at the Northwest Corner of Cataract Avenue and Allen Avenue (309 W. Allen Avenue, 917 N. Cataract Avenue, And 929 N. Cataract Avenue) APN’s 8392016008, 048, and 047.
RECOMMENDATION:
Staff and the Planning Commission recommend that the City Council:
1. Adopt Resolution 202428, approving the Initial Study/Mitigated Negative Declaration.
2. Introduce Ordinance 1306, approving Zone Change 210001, changing the zoning designation of the parcels from Light Agriculture (AL) to Light Manufacturing (M1).
3. Adopt Resolution 202427, approving Lot Merger 210001, the merger of three contiguous lots; and as recommended by Development Plan Review Board DPRB Case No. 210002 design and construction of the tiltup warehouse/office multitenant building and Tree Removal Permit 210004 for the removal of 17 mature trees, with the adoption of the associated Initial Study/Mitigated Negative.
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One case.
ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One case.
ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 3946216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.10235.104 ADA Title II].
Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at www.sandimasca.gov.
Posting Statement: I declare under penalty of perjury that on May 10, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendasminutes/ as required by law.
May 10, 2024
Debra Black
Debra Black, City Clerk Page 5
HEREAS, for the past 59 years, the month of May has been proclaimed throughout the Country as “Older Americans Recognition Month”; and HEREAS, the City of San Dimas recognizes that older adults are trailblazers—advocating for themselves, their peers, and their communities—paving the way for future generations; and
HEREAS, we appreciate the value of inclusion and support in helping older adults successfully contribute to and benefit from their communities; and
HEREAS, during the month of May, the City of San Dimas is celebrating the birthdays of those residents who this year have attained the age of 90 and older; and
HEREAS, Nancy Brewster, active volunteer in the City of San Dimas, has been selected to represent the City at the Los Angeles County Older American Recognition Celebration and
HEREAS, the San Dimas Senior Citizens Club, the Bingo Committee, and the Senior Citizens Commission are commended for their volunteer commitments and financial contributions for the betterment of the San Dimas Senior Citizen/Community Center and the residents of San Dimas.
OW, THEREFORE, I, Mayor Emmett G. Badar, Mayor Pro Tem Ryan A.
Vienna, Councilmembers Rachel Bratakos, Eric Nakano, and Eric Weber do hereby proclaim May as “OLDER AMERICANS MONTH” and urge every citizen to take time this month to recognize older adults and the people who serve and support them as powerful and vital citizens who greatly contribute to the community.
N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 14th day of May 2024.
___________________________ __________________
Mayor Attest: City Clerk
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Mayor
Certificate of Recognition
Honoring
Charlene Smith
2024 Girls Wreslting Northern Division
San Dimas High School CIF Champion
On This Month May 14, 2024.
Mayor
Certificate of Recognition
Honoring
Carolyn Kao
2024 Girls Division 3 Swim Freestyle
San Dimas High School CIF Champion
On This Month May 14, 2024.
CITY OF SAN DIMAS
City Council
May 14, 2024
Homeless Services Update
Community Development Department
Housing Division
CITY OF SAN DIMAS
Background
The City of San Dimas Community Development Department is committed to overseeing the goals and actions in the efforts to prevent and combat homelessness and to preserve the quality of life for all of San Dimas residents.
2023 Community Survey – Addressing Homelessness identified as one of the top priorities Through the combined efforts of City Staff, LA Sheriff Dept., Los Angeles Homeless Initiative, San Gabriel Valley Council of Governments, and Homeless Services Providers, the City of San Dimas continues implementing the goals and actions as outlined in the Plan to Prevent and Combat Homelessness (Homeless Plan) created in 2018.
» Goal 1: Better Understanding the Needs of San Dimas’ Homeless Population » Goal 2: Ensure all people experiencing Homelessness in San Dimas Are Entered Into the Regional Coordinated Entry System (CES)
» Goal 3: Expand and Improve Immediate Housing Solutions » Goal 4: Expand Opportunities for Employment and Workforce Development » Goal 5: Explore Options for Preservation of Existing Affordable Housing Page 10 – 929
CITY OF SAN DIMAS
Background – Outreach and Engagement
• April 2023, L.A. CADA began street outreach in San Dimas – 5 year contract agreement – 2 team members – Juan and Salina
– Monday, Wednesday, Fridays 8:00 a.m. – 5:00 p.m.
– 1
st year Contract Highlights (4/17/23 to 3/31/24) – Team linked 40 individuals to Interim Housing, 4 individuals to Permanent Housing, 12 individuals to Substance Use Disorder (SUD) Treatment, and 12 individuals to Mental Health Services
• Collaboration with City’s Housing and Code Compliance Divisions, L.A.CADA and Sheriff Community Action Team “CAT Team” – Quarterly Meetings
• Supplemental Team with San Gabriel Valley Council of Governments continued services for FY 23/24 – 2-3 team members, depending on availability
– Tuesdays 9:00 a.m. – 3:30 p.m.
– Monthly meetings with COG and all City’s in SPA 3
– Quarterly meetings with COG and cities receiving supplemental services
CITY OF SAN DIMAS
Background
• Housing Services Coordinator position approved by Council for FY 23/24 – Sandra Chacón, MA started with the City of San Dimas – October 2, 2023 • CES and Homeless Management Information System (HMIS) access - December 2023 • Applied for Housing Solutions Fund (HSF) grant with the COG –January 2024 – Initial $10,000 assisted 4 households expending funds by March 2024, additional $10,000 awarded April 2024 • Permanent Local Housing Allocation (PLHA) – Los Angeles County Development Authority (LACDA) – Housing for Homeless Activity
– Rental Assistance and Rapid Rehousing for Homeless or At-Risk of Homelessness (20-30% or below AMI) – $215,696 expenditure deadline December 2024
– Currently assisting 21 seniors with 16 months of rental assistance – $178,034 expenditure deadline December 2025
– $89,231 expenditure deadline December 2026 Page 12 – 929
CITY OF SAN DIMAS
Background
• Continue Preservation of Existing Affordable Housing
– Charter Oak Mobile Home Estates – Rental Assistance Program and Façade Program – Monte Vista Place Senior Apartments – 12 affordable units – Transfer of 123 N. Monte Vista Avenue to Habitat for Humanity – Citywide Rehab Program
– Continuous monitoring compliance of Avalon Affordability Covenants – 26 rental units for low to moderate income households
– Mobile Home Accord – annual rent
• Continue Participating in the Los Angeles Homeless Services Authority (LAHSA) Homeless Count – Point in Time (PIT) Count
– 2019 – 10
– 2020 - 16
– 2021 – Cancelled COVID
– 2022 - 20
– 2023 – 9 Roughly Estimated San Dimas Total - LAHSA using regional approach (Los Angeles County – 75,518: 9% rise from 2022) – 2024 - Results not yet received. Estimate 23 based on count and multipliers from previous year
CITY OF SAN DIMAS
Housing Services
• The City of San Dimas is committed to addressing homelessness by collaborating with Federal, State, local government agencies and homeless service providers to address the needs of individuals & families experiencing homelessness or at risk of homelessness. • Veterans Affairs (VA)
• Social Security Administration (SSA)
• LA County Partners:
– Los Angeles Sherriff Department - LASD (safety), Department of Mental Health - DMH (mental health), Department of Health Services - DHS (health), Department of Public Health - DPH (substance use), Department of Public Social Services DPSS (establish benefits), Department of Children and Family Services DCFS (child welfare), Aging and Disability AD (abuse & self neglect), Department of Economic Opportunity - DEO (workforce development) • Housing Services Providers:
– LAHSA, Union Station Homeless Services –USHS, Volunteers of America of Greater Los Angeles –VOALA, Catholic Charities, Door of Hope, Family Promise of SGV, East San Gabriel Valley Coalition for the Homelessness - ESGVCH, Self Help and Recovery Exchange - SHARE!
CITY OF SAN DIMAS
Housing Services
• Referrals are received from L.A. CADA Outreach Team, LASD, City employees, local residents, & MySanDimas/GoGov.
• Case Management services include interventions to most appropriate program, including referrals and linkage to local shelters, interim housing, permanent supportive housing, Enriched Residential Care facilities, rooms for rent, affordable housing and employment. • Successful placement of individuals utilizing the resources available within our community, including:
– Enriched Residential Care (ERC): 79 year old man homeless for over 30 years in San Dimas – Interim Housing: 62 year old man homeless for over 10 years in San Dimas – Permanent Supportive Housing: 66 year old man homeless for over 3 years in San Dimas • Building successful partnerships is vital to reaching goals as set forth in Homeless Plan.
CITY OF SAN DIMAS
Housing Services
Housing Solutions Fund - SGVCOG
Case Management services in addition to financial assistance to ensure family will be able to manage expenses.
– Single mother with infant living in transitional housing. • Provided financial assistance to cover deposit and first month’s rent – Family of 3 (2 adults & school age child) at risk of losing housing due to rental arrears. • Provided financial assistance to pay one month’s rent – Single mother with child at risk of homelessness and unemployment due to rental arrears. • Provided financial assistance to pay arrears
– Homeless family of 6 (2 adults & 4 minors under 11 years old) moved into permanent supportive housing.
• Provided financial assistance to pay for furniture
CITY OF SAN DIMAS
L.A. CADA
CITY OF SAN DIMAS
LASD
CITY OF SAN DIMAS
Questions?
RESOLUTION 2024-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR APRIL 30, 2024, AND MAY 15, 2024
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of April 30, 2024, in the Amount of $1,315,827.20 and Warrant Register of April 15, 2024, in the amount of $534,953.40.
PASSED, APPROVED AND ADOPTED this 14th, day of May 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-23 was approved by vote of the City Council of the City of San Dimas at its regular meeting of May 14th, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Black, City Clerk
CITY COUNCIL MEETING
ACTION MINUTES
APRIL 23, 2024 7:00 PM
SPECIAL STUDY SESSION MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black
Call to Order: 5:30 PM
STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. Discussion of and Direction Related to
the Preliminary 2024-25 Operating and
Capital Budget
It was the consensus of the Council that
Option 3 be implemented by staff, along with
reducing expenditure, using revenue and
implementing a mix of reserves and Council
directed service reductions. Senior staff will
establish a list of priorities to present to the
Council. Suggestions from the Council were
to include the rational for staff’s choices,
alignment with the community survey.
Adjourned: 6:36 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
CITY COUNCIL MEETING
ACTION MINUTES
APRIL 23, 2024 7:00 PM
REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Engineering Manager Steven Barragan Call to Order: 7:00 PM
CONSENT ITEMS COMMENTS/RECOMMENDATIONS
2. Proclamation Celebrating the 55th Annual
Professional Municipal Clerk’s Week –
May 5-11, 2024
3. Proclamation Recognizing Arbor Day
2024
4. Approve Resolution 2024-22, A
Resolution of the City Council of the City
of San Dimas, Approving Certain
Demands for the Warrant Register of
April 30, 2024 in the amount of
$367,929.61.
5. Approve Minutes of the April 9, 2024 City
Council Meeting
6. Deny Claim Martins v. City of San Dimas
3051172 SWV
7. Receive and File the March 2024
Investment Report
8. Approve a One-year Contract Extension
with Nieves Landscape, Inc. for Contract
Landscape Maintenance Services in the
Amount of $567,390.85.
MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Weber to
approve the consent calendar. Motion carried
5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
OTHER BUSINESS COMMENTS/RECOMMENDATIONS
1. Discussion of a Broad Tree Fine Policy This item was requested to be scheduled for a study session discussion.
CITY REPORTS COMMENTS/RECOMMENDATIONS
1. City Manager None
2. City Attorney City Attorney announced Mayor Pro Tem
Vienna would recuse himself from closed
session item #3 due to financial interest from
Approve of April 23, 2024 Study Session Meeting and April 23, 2024 Regular MeetingPage 3 For the Meeting of May 14, 2024
his salary received from the County of Los
Angeles.
3. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
Councilmember Nakano attended the League
of California Cities City Leader Summit.
4. Public Officials Appointments to
Intergovernmental Boards and
Committees
Request by Mayor Badar and supported by
Mayor Pro Tem Vienna to schedule this item
for a study session on May 14, 2024.
CITY COUNCIL REQUESTS FOR
FUTURE ITEMS
COMMENTS/RECOMMENDATIONS
None.
CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. CONFERENCE WITH LEGAL
COUNSEL--EXISTING LITIGATION
Government Code section 54956.9(d)(1)
Name of case: City of San Dimas v. Waino
E. Wertanen, et al., Los Angeles County
Superior Court Case No. 22PSCV01291
2. CONFERENCE WITH LEGAL
COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant
to Government Code Section
54956.9(d)(2): One Case
3. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED
LITIGATION
Initiation of litigation pursuant to
Government Code Section 54956.9(d)(4):
One case.
Following the closed sessions, the City
Attorney made a public announcement that
the City Council met and discussed the three
closed session items listed on the agenda,
that the City Council gave direction to staff on
those items, and that no reportable action
was taken. Councilmember Vienna recused
himself and did not participate in closed
session item number 3 due to his financial
interest in the item from the salary he
receives as an employee of the County of
Los Angeles.
Adjourned: 10:15 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
Housing Authority
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 14, 2024
From: Chris Constantin, City Manager
Prepared by: Lily Flores, Housing Manager
Subject: Adopt Resolution 2024-26 Authorizing and Accepting of a $1.5 Million Manufactured Housing Opportunity and Revitalization Program Award from the California Department of Housing and Community Development ____________________________________________________________________________
SUMMARY
The California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) on May 2, 2023, for the Manufactured Housing Opportunity and Revitalization (MORE) Program. Staff submitted an application on July 3, 2023, and received a conditional award on December 18, 2023, for an amount of $1,500,000. The City Council must adopt a resolution authorizing the City to accept the total amount of the Conditional Award, to fully participate and be legally bound by the requirements of the Program.
RECOMMENDATION
Staff recommends that the City Council consider and approve the following:
1. Adopt Resolution 2024-26 authorizing the acceptance and obligation for the Program Award of $1,500,000 and to enter into, execute and deliver the STD 213 Standard Agreement, and any and all other documents required or deemed necessary or appropriate to secure the Program Award from the California Department of Housing and Community Development (HCD) and to participate in the Manufactured Housing Opportunity and Revitalization (MORE) Program, and all amendments thereto; and
2. Acknowledge and agree to the terms and conditions specified in the STD 213 Standard Agreement, and that the MORE Notice of Funding Availability (NOFA) and the Application will be incorporated by reference therein; and
3. Acknowledge and agree that any and all activities, expenditures, information, and timeliness represented and described in the Application are enforceable through the STD213 Standard Agreement and acknowledge and agree that Program Award funds are
Manufactured Housing Opportunity and Revitalization Program Award Page 2 For the Meeting of May 14, 2024
to be expended only on the eligible uses and activities defined in the STD 213 Standard Agreement; and
4. That the City Manager or his designee is authorized to execute the Program Award Documents on behalf of the City of San Dimas.
FISCAL IMPACT
The grant revenues will cover the associated costs with no required match. Limited costs would be recognized for use of City Staff to administer the program. The Staff costs are programed to be part of the salary expenditures of the Housing funds. The revenue and expenditure budgets are included in the proposed 2024-25 fiscal year budget.
BACKGROUND
On May 2, 2023, as amended November 9, 2023, HCD published a Notice of Funding Availability (NOFA) for the MORE Program (Attachment 2). The MORE program provides funding for the following activities:
• Forgivable Loans primarily to Local Public Entities, Resident Organizations, and Qualified Nonprofit Housing Sponsors for Acquisition, Conversion, Rehabilitation, Reconstruction and Replacement of Mobilehome Parks as well as individual Mobilehomes. • Forgivable Loans to Private Mobilehome Park Owners meeting specific criteria as outlined in the Program Guidelines.
HCD began accepting applications via the online portal beginning June 30, 2023. Prior to submittal of an application, a pre-application technical assistance meeting with HCD Department staff was required to assist interested applicants in the development of a successful application.
Housing Staff met with HCD staff via zoom on June 8, 2023.
After careful review of the MORE Program Guidelines, discussions with HCD Department staff, and the needs of our affordable housing community, City Staff concluded that the City of San Dimas would apply under Section 400; Rehabilitation or Replacement of Resident’s Mobilehomes for very low-income resident who reside in any mobile home parks within our City boundaries who are in need of repairs for violations and/or energy upgrades.
In preparation for the grant application, Staff reached out to management of all five (5) mobilehome parks in the City of San Dimas to start gathering information. Below is a summarized version of data collected. Full information is provided in the MORE application (Attachment 3):
Manufactured Housing Opportunity and Revitalization Program Award Page 3 For the Meeting of May 14, 2024
On July 3, 2024, the City successfully submitted an application to the MORE online portal under Section 400, Rehabilitation or Replacement of Resident’s Mobilehomes. The City requested a loan amount of $1,500,000 to be given in the form of a grant. Of the 1.5M grant amount, seventeen percent (17%) would be used for Administrative Cost for Housing Staff and Consultant used in administrating the Housing Rehab Program. With MORE funds, the City proposed to assist thirtyone (31) very low-income (50% or below AMI) with rehab repairs to their units in the three (3) year term. Any owner-occupied unit from the five (5) mobile home parks within the City, meeting the income limits, can apply for a grant up to $40,000. Priority will be given to income eligible residents who have cited violations to correct health and safety deficiencies. Second priority will be given to income eligible residents in need of accessibility upgrades, and third priority will be given to income eligible residents with energy efficiency upgrades, such as window replacements, roof replacements, etc.
The Housing Division is scheduled to open up its Owner-Occupied Rehabilitation Grant Program Wait List on June 5, 2024. At that time, interested homeowners will submit an interest wait list form to be placed on the waiting list. Applications will be sent out to those who meet prequalifications. During the preapproval process, Staff will determine if they meet the MORE program guidelines and funding will be used accordingly.
DISCUSSION/ANALYSIS
On December 18, 2023, the City of San Dimas received a Conditional Award Commitment and Acceptance of Terms and Conditions for the MORE Program, Round 1 (Attachment 4).
Terms and Conditions of the Conditional Award included:
A. Timely Execution of Acceptance of Terms and Conditions of Conditional Award Form – Signed and submitted December 19, 2023.
B. Timely Delivery of Authorization – Duly adopted authorizing resolution for the City of San Dimas template received April 9, 2024, from HCD with a June 3, 2024, submittal date. (Attachment #1).
C. Delivery of Standard Agreement – In the final stages of approval with HCD.
Park Name
Charter Oak Mobile
Home Estates MobileLand
San Dimas Royal
Home Park
LoneHill Manor
Limited Partnerships
Cienega Valley
Mobile Estates
Totals
Street Address 801 W. Covina Blvd. 1635 W. Covina Blvd. 1630 W. Covina Blvd. 1205 W. Cypress Ave. 1245 W. Cienega No. of Spaces 185 103 111 265 242 906
No. of Residents 225 300 173 1,060 500 2258
Park Size (Acres) 17.15 Acres 8.88 Acres 11.36 Acres 26.49 Acres 31.67 Acres Year Built 1961 1968 1968 1968 1970
Park Description
Senior Age Park (55+)
20%+ Low Income
45 Single Wides
140 Double Wides
All Age Park
20%+ Low Income
12 Single Wides
91 Double Wides
Senior Age Park (55+)
13% Low Income
2 Single Wides
109 Double Wides
All Age Park
35% Low Income
6 Single Wides
259 Double Wides
All Age Park
5% Low Income
2 Single Wides
242 Double Wides
Units Estimated
in Need of
Repairs 25 25 13 30 15 108
Manufactured Housing Opportunity and Revitalization Program Award Page 4 For the Meeting of May 14, 2024
The requested action by the City Council will meet requirement #B above of the Conditional Award Commitment.
Staff is anticipating that all terms and approvals will be completed for Program implementation to begin July 1, 2024.
ALTERNATIVES
There are no alternatives recommended for this action.
ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.
Respectfully submitted,
Lily Flores
Housing Manager
Attachments:
1. Resolution 2024-26
2. MORE Notice of Funding Availability (NOFA)
3. MORE Application – Local Public Entities
4. MORE Conditional Award Commitment and Acceptance of Terms and Conditions
ATTACHMENT 1
RESOLUTION 2024-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS
ANGELES, AUTHORIZING ACCEPTANCE OF THE MANUFACTURED HOUSING
OPPORTUNITY AND REVITALIZATION PROGRAM AWARD
City of San Dimas – Resident Individual Mobilehome Rehabilitaion WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by California Health & Safety Code § 50780 et seq, has issued a Notice of Funding Availability, dated May 2, 2023, as amended November 9, 2023 (“MORE NOFA”); and
WHEREAS, the City of San Dimas, a charter city (“Public Entity”), submitted an application to the Department in response to the MORE NOFA (“Application”) and in the foregoing capacity, was determined to be an eligible [Recipient] under the MORE Program pursuant to that certain conditional award letter, dated December 18, 2023 (“Conditional Award Commitment”); and WHEREAS, pursuant to the Conditional Award Commitment, the Department made a conditional award to the Public Entity in the amount of $1,500,000.; and WHEREAS, the award expressly identified above will hereinafter be referred to as the “Program Award.”
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Public Entity is hereby authorized and directed to act on its own behalf in connection with the Program Award.
SECTION 1. Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the total amount of the Program Award, the Public Entity is authorized and directed to enter into, execute, and deliver the STD 213 Standard Agreement, and any and all other documents required or deemed necessary or appropriate to secure the Program Award from the Department and to participate in the MORE Program, and all amendments thereto (collectively, “Program Award Documents”).
SECTION 2. Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the STD 213 Standard Agreement, and that the MORE NOFA and the Application will be incorporated by reference therein and made a part thereof. Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the STD 213 Standard Agreement. Public Entity also acknowledges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the STD 213 Standard Agreement.
SECTION 3. That the City Manager or his or her designee is hereby authorized to execute the Program Award Documents on behalf of the Public Entity
Resolution 2024- 26 Page 2
Manufactured Housing Opportunity and Revitalization Program Award May 14, 2024
PASSED, APPROVED AND ADOPTED this 14th day of May, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby attest and certify that the foregoing is a true, full and correct copy of Resolution 2024-26 that was fully adopted by the City Council of San Dimas at its regular meeting of May 14, 2024 by the following vote and that the resolution has not been altered, amended, modified, repealed, rescinded, or annulled:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Debra Black, City Clerk
STATE OF CALIFORNIA- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 500, 95833
P. 0 . Box 952054
Sacramento, CA 94252-2054
(916)263-2771 / FAX (916) 263-2763
www.hcd.ca.gov
MEMORANDUM FOR:
FROM:
May 2, 2023
Amended November 9, 2023
INTERESTED PARTIES
Jennifer Seeger, Deputy Director
Division of State Financial Assistance
GAVIN NEWSOM, Governor
SUBJECT: NOTICE OF FUNDING AVAILABILITY - Manufactured Housing Opportunity and Revitalization (MORE) Program
The California Department of Housing and Community Development (Department) is pleased to announce this Notice of Funding Availability (NOFA) for approximately $136,250,000 million in funds for the Manufactured Housing Opportunity and Revitalization (MORE) Program.
The MORE Program provides funding for the following activities:
• Forgivable Loans primarily to Local Public Entities, Resident Organizations, and Qualified Nonprofit Housing Sponsors for Acquisition, Conversion, Rehabilitation, Reconstruction and Replacement of Mobilehome Parks as well as individual Mobilehomes.
• Forgivable Loans to Private Mobilehome Park Owners meeting specific criteria as outlined in the Program guidelines.
Applications for this funding will be accepted beginning June 30, 2023 through June 30, 2024, or until all funds have been awarded. Eligible applications that are complete will be reviewed and funded in the order in which they are received, otherwise known as an over-the-counter process.
Application materials must be submitted electronically via the application portal no later than 4:00 P.M. Pacific Standard Time on June 30, 2024.The Department will no longer accept hardcopy submittal; personal deliveries, facsimiles or walk-in application packages will not be accepted.
The MORE Program webpage contains the Program guidelines, regulations, application, and all application requirements. To receive information regarding upcoming Program NOFA workshops, please subscribe to our MORE Program listserv at https://www.hcd.ca.gov/contact-us/email-signup. If you have further questions, please contact [email protected]
STATE OF CALIFORNIA- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 500, 95833
P. 0 . Box 952054
Sacramento, CA 94252-2054
(916)263-2771 / FAX (916) 263-2763
www.hcd.ca.gov
MEMORANDUM FOR:
FROM:
May 2, 2023
Amended November 9, 2023
INTERESTED PARTIES
Jennifer Seeger, Deputy Director
Division of State Financial Assistance
GAVIN NEWSOM, Governor
SUBJECT: NOTICE OF FUNDING AVAILABILITY - Manufactured Housing Opportunity and Revitalization (MORE) Program
The California Department of Housing and Community Development (Department) is pleased to announce this Notice of Funding Availability (NOFA) for approximately $136,250,000 million in funds for the Manufactured Housing Opportunity and Revitalization (MORE) Program.
The MORE Program provides funding for the following activities:
• Forgivable Loans primarily to Local Public Entities, Resident Organizations, and Qualified Nonprofit Housing Sponsors for Acquisition, Conversion, Rehabilitation, Reconstruction and Replacement of Mobilehome Parks as well as individual Mobilehomes.
• Forgivable Loans to Private Mobilehome Park Owners meeting specific criteria as outlined in the Program guidelines.
Applications for this funding will be accepted beginning June 30, 2023 through June 30, 2024, or until all funds have been awarded. Eligible applications that are complete will be reviewed and funded in the order in which they are received, otherwise known as an over-the-counter process.
Application materials must be submitted electronically via the application portal no later than 4:00 P.M. Pacific Standard Time on June 30, 2024.The Department will no longer accept hardcopy submittal; personal deliveries, facsimiles or walk-in application packages will not be accepted.
The MORE Program webpage contains the Program guidelines, regulations, application, and all application requirements. To receive information regarding upcoming Program NOFA workshops, please subscribe to our MORE Program listserv at https://www.hcd.ca.gov/contact-us/email-signup. If you have further questions, please contact [email protected]
STATE OF CALIFORNIA- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 500, 95833
P. 0. Box 952054
Sacramento, CA 94252-2054
(916)263-2771 / FAX (916) 263-2763
www. hcd.ca.gov
MEMORANDUM FOR:
FROM:
May 2, 2023
Amended November 9, 2023
INTERESTED PARTIES
Jennifer Seeger, Deputy Director
Division of State Financial Assistance
GAVIN NEWSOM, Governor
SUBJECT: NOTICE OF FUNDING AVAILABILITY - Manufactured Housing Opportunity and Revitalization (MORE) Program
The California Department of Housing and Community Development (Department) is pleased to announce this Notice of Funding Availability (NOFA) for approximately $136,250,000 million in funds for the Manufactured Housing Opportunity and Revitalization (MORE) Program.
The MORE Program provides funding for the following activities:
• Forgivable Loans primarily to Local Public Entities, Resident Organizations, and Qualified Nonprofit Housing Sponsors for Acquisition, Conversion, Rehabilitation, Reconstruction and Replacement of Mobilehome Parks as well as individual Mobilehomes.
• Forgivable Loans to Private Mobilehome Park Owners meeting specific criteria as outlined in the Program guidelines.
Applications for this funding will be accepted beginning June 30, 2023 through June 30, 2024, or until all funds have been awarded. Eligible applications that are complete will be reviewed and funded in the order in which they are received, otherwise known as an over-the-counter process.
Application materials must be submitted electronically via the application portal no later than 4:00 P.M. Pacific Standard Time on June 30, 2024.The Department will no longer accept hardcopy submittal; personal deliveries, facsimiles or walk-in application packages will not be accepted.
The MORE Program webpage contains the Program guidelines, regulations, application, and all application requirements. To receive information regarding upcoming Program NOFA workshops, please subscribe to our MORE Program listserv at https://www.hcd.ca.gov/contact-us/email-signup. If you have further questions, please contact [email protected]
ATTACHMENT 2
Manufactured Housing Opportunity and Revitalization
(MORE) Program
2023-2024 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Tad Egawa, Acting Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/
Email: [email protected]
May 2, 2023
Amended November 9, 2023
Manufactured Housing Opportunity and Revitalization
(MORE) Program
2023-2024 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Tad Egawa, Acting Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/
Email: [email protected]
May 2, 2023
Amended November 9, 2023
Manufactured Housing Opportunity and Revitalization
(MORE) Program
2023-2024 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Tad Egawa, Acting Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/
Email: [email protected]
May 2, 2023
Amended November 9, 2023
Table of Contents
Overview ...................................................................................................................... 5 A. Notice of Funding Availability .......................................................................................... s B. Timeline .......................................................................................................................... s C. What's New in this NOFA ............................................................................................... s D. Authorizing Legislation and Regulations (Regulatory Authority) ...................................... 6 E. Definitions ....................................................................................................................... 6 F. Funding Targets, Geographic Distribution of Funds and Funding Priorities ..................... 7 G. Affordability Restrictions ................................................................................................. 9 H. Threshold ........................................................................................................................ 9 I. Administrative Costs ....................................................................................................... 10 II. Program Requirements For Activities Specific to Mobilehome Parks ............................ 10 A. Mobilehome Park Acquisition, Conversion, Rehabilitation and Reconstruction, orReplacement .................................................................................................................. 10
1. Eligible Applicant .................................................................................................... 10
2. Eligible Use of Funds .............................................................................................. 11
3. Project Requirements ............................................................................................. 12
4. Maximum Loan Amounts ........................................................................................ 12
5. Loan Terms ............................................................................................................ 12 B. Remediation of Mobilehome Park Health and Safety Deficiencies or Violations ........... 13
1. Eligible Applicant .................................................................................................... 13
2. Eligible Use of Funds .............................................................................................. 13
3. Project Requirements ............................................................................................. 13
4. Maximum Loan Amount. ......................................................................................... 14
5. Loan Terms ............................................................................................................ 14 Table of Contents
Overview ......................................................................................................................5 A. Notice of Funding Availability ..........................................................................................s B. Timeline ..........................................................................................................................s C. What's New in this NOFA ...............................................................................................s D. Authorizing Legislation and Regulations (Regulatory Authority)...................................... 6 E. Definitions .......................................................................................................................6 F. Funding Targets, Geographic Distribution of Funds and Funding Priorities.....................7 G. Affordability Restrictions .................................................................................................9 H. Threshold........................................................................................................................9 I. Administrative Costs....................................................................................................... 10 II. Program Requirements For Activities Specific to Mobilehome Parks ............................ 10 A. Mobilehome Park Acquisition, Conversion, Rehabilitation and Reconstruction, orReplacement.................................................................................................................. 10
1. Eligible Applicant ....................................................................................................10
2. Eligible Use of Funds..............................................................................................11
3. Project Requirements .............................................................................................12
4. Maximum Loan Amounts ........................................................................................12
5. Loan Terms ............................................................................................................12 B. Remediation of Mobilehome Park Health and Safety Deficiencies or Violations ........... 13
1. Eligible Applicant ....................................................................................................13
2. Eligible Use of Funds..............................................................................................13
3. Project Requirements .............................................................................................13
4. Maximum Loan Amount..........................................................................................14
5. Loan Terms ............................................................................................................14
C. Mobile home Park Replacement for Disaster Response ................................................ 14
1. Eligible Applicant .................................................................................................... 14
2. Eligible Use of Funds .............................................................................................. 14
3. Project Requirements ............................................................................................. 15
4. Maximum Loan Amount. ......................................................................................... 15
5. Loan Terms ............................................................................................................ 15 Ill. Program Requirements For Activities Specific to Individual Mobilehomes .................... 16 A. Rehabilitation or Replacement of Resident's Mobilehomes .......................................... 16
1. Eligible Applicant .................................................................................................... 16
2. Eligible Use of Funds .............................................................................................. 16
3. Maximum Loan Amounts ........................................................................................ 17
4. Grants to Residents from the Recipient .................................................................. 17
5. Grant Terms ........................................................................................................... 18 IV. Application Submission and Review Procedures ......................................................... 18 A. Pre-Application Technical Assistance ........................................................................... 18 B. Application Workshops .................................................................................................. 19 C. Application Submission Process ................................................................................... 19 D. Disclosure of Application ............................................................................................... 19 E. Application Review ........................................................................................................ 20 F. Award Announcements and Contracts .......................................................................... 22 G. Release of Funds ......................................................................................................... 22 H. Other Terms and Conditions ......................................................................................... 23 C. Mobilehome Park Replacement for Disaster Response................................................ 14
1. Eligible Applicant .................................................................................................... 14
2. Eligible Use of Funds..............................................................................................14
3. Project Requirements .............................................................................................15
4. Maximum Loan Amount..........................................................................................15
5. Loan Terms ............................................................................................................15 Ill. Program Requirements For Activities Specific to Individual Mobilehomes.................... 16 A. Rehabilitation or Replacement of Resident's Mobilehomes .......................................... 16
1. Eligible Applicant .................................................................................................... 16
2. Eligible Use of Funds..............................................................................................16
3. Maximum Loan Amounts ........................................................................................17
4. Grants to Residents from the Recipient ..................................................................17
5. Grant Terms ...........................................................................................................18 IV. Application Submission and Review Procedures ......................................................... 18 A. Pre-Application Technical Assistance ........................................................................... 18 B. Application Workshops.................................................................................................. 19 C. Application Submission Process ................................................................................... 19 D. Disclosure of Application............................................................................................... 19 E. Application Review........................................................................................................ 20 F. Award Announcements and Contracts .......................................................................... 22 G. Release of Funds ......................................................................................................... 22 H. Other Terms and Conditions ......................................................................................... 23
I. Overview
A. Notice of Funding Availability
Funding for this Program is available from the Mobilehome Park Rehabilitation and Purchase Fund pursuant to California Health and Safety Code (HSC) §50782.
MORE funds are provided as Forgivable Loans for a wide range of Activities directed towards preserving Mobilehomes as a significant source of Affordable homeownership in California. Eligible MORE Activities are intended to improve the health and safety conditions of Mobilehome Parks and individual Mobilehomes to the benefit of Low-Income Households.
All applications will be reviewed for completeness and compliance with the NOFA and guidelines requirements on a first come first served basis, otherwise known as an over-the-counter (OTC) process. Only complete and compliant applications will be eligible for approval, and potential funding.
Eligible applications will be evaluated for funding pursuant to the Department's Program priorities, as detailed in this NOFA.
B. Timeline
NOFA Release May 2, 2023
Application Due Date June 30, 2023- June 30, 2024 or until all funds have been awarded
Award Announcement Ongoing. A round of applications that are determined to be eligible and
complete will be taken to the
Department's Internal Loan Committee
(ILC) for approval throughout the open
NOFA period or until all funds are
awarded
C. What's New in this NOFA
The MORE Program was created to replace the Department's Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP) and expand the eligible use of funds.
5 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
I. Overview
A. Notice of Funding Availability
Funding for this Program is available from the Mobilehome Park Rehabilitation and Purchase Fund pursuant to California Health and Safety Code (HSC) §50782.
MORE funds are provided as Forgivable Loans for a wide range of Activities directed towards preserving Mobilehomes as a significant source of Affordable homeownership in California. Eligible MORE Activities are intended to improve the health and safety conditions of Mobilehome Parks and individual Mobilehomes to the benefit of Low-Income Households.
All applications will be reviewed for completeness and compliance with the NOFA and guidelines requirements on a first come first served basis, otherwise known as an over-the-counter (OTC) process. Only complete and compliant applications will be eligible for approval, and potential funding.
Eligible applications will be evaluated for funding pursuant to the Department's Program priorities, as detailed in this NOFA.
B. Timeline
NOFA Release
Application Due Date
Award Announcement
C. What's New in this NOFA
May 2, 2023
June 30, 2023- June 30, 2024 or until
all funds have been awarded
Ongoing. A round of applications that
are determined to be eligible and
complete will be taken to the
Department's Internal Loan Committee
(ILC) for approval throughout the open
NOFA period or until all funds are
awarded
The MORE Program was created to replace the Department's Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP) and expand the eligible use of funds.
5 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 72 – 929
1. Additional Activities are now eligible for Program funding. These Activities are:
Department of Housing and Community Development
a. Remediation of health and safety deficiencies for both Mobilehome Parks and individual Mobilehomes; and
b. Acquisition and Replacement of individual Mobilehomes.
2. Under certain circumstances, the type of eligible Applicants has been expanded to include Private Mobilehome Park Owners pursuant to §301.1 (d) of the guidelines;
a. Pursuant to HSC §50783(b)(1), $25 million of the available funds may be awarded to Private Mobilehome Park Owners.
3. Geographic and Activity targets have been established.
4. A pre-application technical assistance meeting with Department staff will be required to assist interested Applicants in the development of a successful application.
D. Authorizing Legislation and Regulations (Regulatory Authority) Funding under this NOFA is made available pursuant to Chapter 11 (commencing with §50780) of Part 2 of Division 31 of the Health of Safety Code <HSC}. This NOFA should be read in conjunction with following:
• HSC §50780-§50787;
• MORE guidelines; and
• Appendix A of the MORE guidelines.
The Department reserves the right, at its sole discretion, to suspend, amend, and/or supplement the provisions of this NOFA from time to time. If such action occurs, the Department will notify interested parties through the Department's MORE listserv.
E. Definitions
All capitalized terms shall be interpreted in accordance with the meaning of the terms described in Appendix A of the MORE guidelines located on the Department's MORE webpage.
6 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
1. Additional Activities are now eligible for Program funding. These Activities are:
Department of Housing and Community Development
a. Remediation of health and safety deficiencies for both Mobilehome Parks and individual Mobilehomes; and
b. Acquisition and Replacement of individual Mobilehomes.
2. Under certain circumstances, the type of eligible Applicants has been expanded to include Private Mobilehome Park Owners pursuant to §301.1 (d) of the guidelines;
a. Pursuant to HSC §50783(b)(1), $25 million of the available funds may be awarded to Private Mobilehome Park Owners.
3. Geographic and Activity targets have been established.
4. A pre-application technical assistance meeting with Department staff will be required to assist interested Applicants in the development of a successful application.
D. Authorizing Legislation and Regulations (Regulatory Authority) Funding under this NOFA is made available pursuant to Chapter 11 (commencing with §50780) of Part 2 of Division 31 of the Health of Safety Code <HSC}, Ibis NOFA should be read io conjynctjon wjth tollowjng:
• HSC §50780-§50787;
• MORE guidelines; and
• Appendix A of the MORE guidelines.
The Department reserves the right, at its sole discretion, to suspend, amend, and/or supplement the provisions of this NOFA from time to time. If such action occurs, the Department will notify interested parties through the Department's MORE listserv.
E. Definitions
All capitalized terms shall be interpreted in accordance with the meaning of the terms described in Appendix A of the MORE guidelines located on the Department's MORE webpage.
CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 73 – 929
F. Funding Targets, Geographic Distribution of Funds and Funding Priorities
1. Of the approximately $136,250,000 million available in this NOFA, geographic funding targets and priorities are distributed as follows:
a. To the extent there are eligible applications, the Department shall target 10 percent (10%) of available funds, approximately $13.6 million, for Tribal Entities as defined by Appendix A of the guidelines. If there are an insufficient number of eligible applications by the application
due date to meet the $13.6 million target, any remaining funds may be applied to the general pool of Applicants.
b. To the extent that there are eligible applications, the Department shall target 20 percent (20%) of available funds, or approximately $27 million, for Rural jurisdictions. If there are an insufficient number of eligible applications by the application due date to meet the $27 million target, any remaining funds may be applied to the general pool of Applicants.
c. The Department shall strive for geographic equity between Southern and Northern California, meaning 30 percent (30%). Approximately $40 million will be held for each of the below-defined Northern or Southern regions for the first six (6) months of the application period. d. After the first six months of the application period, if there are an insufficient number of eligible applications in either the Northern or the Southern region to meet the $40 million target, any remaining funds may be applied to eligible Applicants in other geographic areas. e. For the purpose of geographic distribution:
i. Targets are based on the number of permitted Mobilehome Parks located in Southern and Northern California.
ii. Rural is defined to be consistent with the definition used by TCAC for the tax credit program. A list of Rural areas, as well as the methodology to determine Rural or non-rural status, can be found on TCAC's website or by clicking this link:
https://www.treasurer.ca.gov/ctcac/2022/rural-status.pdf 7 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
F. Funding Targets, Geographic Distribution of Funds and Funding Priorities
1. Of the approximately $136,250,000 million available in this NOFA, geographic funding targets and priorities are distributed as follows:
a. To the extent there are eligible applications, the Department shall target 10 percent (10%) of available funds, approximately $ 13. 6 million, for Tribal Entities as defined by Appendix A of the guidelines. If there are an insufficient number of eligible applications by the application
due date to meet the $13. 6 million target, any remaining funds may be applied to the general pool of Applicants.
b. To the extent that there are eligible applications, the Department shall target 20 percent (20%) of available funds, or approximately $27 million, for Rural jurisdictions. If there are an insufficient number of eligible applications by the application due date to meet the $27 million target, any remaining funds may be applied to the general pool of Applicants.
c. The Department shall strive for geographic equity between Southern and Northern California, meaning 30 percent (30%). Approximately $40 million will be held for each of the below-defined Northern or Southern regions for the first six (6) months of the application period. d. After the first six months of the application period, if there are an insufficient number of eligible applications in either the Northern or the Southern region to meet the $40 million target, any remaining funds may be applied to eligible Applicants in other geographic areas. e. For the purpose of geographic distribution:
i. Targets are based on the number of permitted Mobilehome Parks located in Southern and Northern California.
ii. Rural is defined to be consistent with the definition used by TCAC for the tax credit program. A list of Rural areas, as well as the methodology to determine Rural or non-rural status, can be found on TCAC's website or by clicking this link:
https://www.treasurer.ca.gov/ctcac/2022/rural-status.pdf 7 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 74 – 929
Northern Non-rural areas of the following counties:
Alameda, Butte, Contra Costa, El Dorado,
Fresno, Kings, Madera, Marin, Merced, Monterey,
Napa, Placer, Sacramento, San Benito, San
Francisco, San Joaquin, San Mateo, Santa Clara,
Santa Cruz, Shasta, Solano, Sonoma, Stanislaus,
Sutter, Tulare, Yolo, Yuba
Southern Non-rural areas of the following counties:
Imperial, Kern, Los Angeles, Orange, Riverside,
San Bernardino, San Diego, San Luis Obispo,
Santa Barbara, Ventura
Rural Rural areas as defined by statute, including but
not limited to the following 100 percent rural
counties: Alpine, Amador, Calaveras, Colusa, Del
Norte, Glenn, Humboldt, Inyo, Lake, Lassen,
Mariposa, Mendocino, Modoc, Mono, Nevada,
Plumas, Sierra, Siskiyou, Tehama, Trinity,
Tuolumne
2. Of the approximately $136 million available in this NOFA, policy priorities and statutory requirements are implemented through the following funding targets:
a. $33.5 million for the following three types of activities i. Acquisition, Conversion, Rehabilitation, Reconstruction, or Replacement of Mobilehome Parks; or
ii. Activities specific to Resident Individual Mobilehome Rehabilitation or Replacement; or
iii. Activities specific to Mobilehome Park Replacement for Disaster Response.
iv. Per HSC Section 50783, Private Mobilehome Park Owners are not eligible Applicants for this $33.5 million funding target. b. $25 million for Activities specific to Remediation of Mobilehome Parks to correct Mobilehome Park Act deficiencies or violations. i. Private Mobilehome Park Owners, as well as nonprofit organizations, public entities, and resident associations are eligible for this activity.
3. Funds shall be prioritized for applications with the greatest impact on the health and safety of very low-income residents earning 0-50 percent AMI. 8 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
Northern Non-rural areas of the following counties:
Alameda, Butte, Contra Costa, El Dorado,
Fresno, Kings, Madera, Marin, Merced, Monterey,
Napa, Placer, Sacramento, San Benito, San
Francisco, San Joaquin, San Mateo, Santa Clara,
Santa Cruz, Shasta, Solano, Sonoma, Stanislaus,
Sutter, Tulare, Yolo, Yuba
Southern Non-rural areas of the following counties:
Imperial, Kern, Los Angeles, Orange, Riverside,
San Bernardino, San Diego, San Luis Obispo,
Santa Barbara, Ventura
Rural Rural areas as defined by statute, including but
not limited to the following 100 percent rural
counties: Alpine, Amador, Calaveras, Colusa, Del
Norte, Glenn, Humboldt, Inyo, Lake, Lassen,
Mariposa, Mendocino, Modoc, Mono, Nevada,
Plumas, Sierra, Siskiyou, Tehama, Trinity,
Tuolumne
2. Of the approximately $ 136 million available in this NOFA, policy priorities and statutory requirements are implemented through the following funding targets:
a. $33.5 million for the following three types of activities i. Acquisition, Conversion, Rehabilitation, Reconstruction, or Replacement of Mobilehome Parks; or
ii. Activities specific to Resident Individual Mobilehome Rehabilitation or Replacement; or
iii. Activities specific to Mobilehome Park Replacement for Disaster Response.
iv. Per HSC Section 50783, Private Mobilehome Park Owners are not eligible Applicants for this $33.5 million funding target. b. $25 million for Activities specific to Remediation of Mobilehome Parks to correct Mobilehome Park Act deficiencies or violations. i. Private Mobilehome Park Owners, as well as nonprofit organizations, public entities, and resident associations are eligible for this activity.
3. Funds shall be prioritized for applications with the greatest impact on the health and safety of very low-income residents earning 0-50 percent AMI. 8 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 75 – 929
For the first one-hundred twenty (120) days of the application period, 80 percent (80%) of funds available in this NOFA, or $52 million, may be targeted for Mobilehome Parks and Individual Mobilehomes, including either Local Projects or Local Programs that meet both of the below criteria 3.a. and 3.b. Funding under this category may be awarded at the Department's discretion under either category described above in 2.a and
2.b above, which are further described in Sections II and Ill of this NOFA and in Article Ill and IV of the guidelines. During the final 60-day window of application review prior to complete expenditure of funds under the NOFA, to the extent that application requests exceed total funds available, awards shall be prioritized using the same criteria.
a. Applications for Parks and for Programs serving Individual Mobilehomes where residents are impacted by multiple Health and Safety Codes, or Title 25 California Code of Regulations violations as cited that remain uncorrected and are classified as:
i. Imminent hazards representing a risk to life, health, or safety; or ii. Unreasonable risk to life, health, or safety.
b. Remediation of the violations will accrue primarily for the benefit of Very-Low-Income Residents earning 0-50 percent AMI.
c. Eligible applications received during the initial 120-day period that do not meet the criteria may be held by the Department and considered for funding after the initial 120-day period.
G. Affordability Restrictions
Affordability Restrictions vary depending on the type of Activity funded.
Affordability Restrictions may be located in the Program guidelines as follows:
• §300.10 Mobilehome Park Acquisition, Conversion, Rehabilitation and Reconstruction, or Replacement
• §301.6 Remediation of Mobilehome Park Health and Safety Deficiencies or Violations
• §302. 7 Mobilehome Park Replacement for Disaster Response H. Threshold
A project is not eligible for an award unless it meets all of the threshold requirements of the Program pursuant to §203 of the guidelines. 9 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
For the first one-hundred twenty (120) days of the application period, 80 percent (80%) of funds available in this NOFA, or $52 million, may be targeted for Mobilehome Parks and Individual Mobilehomes, including either Local Projects or Local Programs that meet both of the below criteria 3.a. and 3.b. Funding under this category may be awarded at the Department's discretion under either category described above in 2.a and
2.b above, which are further described in Sections II and Ill of this NOFA and in Article Ill and IV of the guidelines. During the final 60-day window of application review prior to complete expenditure of funds under the NOFA, to the extent that application requests exceed total funds available, awards shall be prioritized using the same criteria.
a. Applications for Parks and for Programs serving Individual Mobilehomes where residents are impacted by multiple Health and Safety Codes, or Title 25 California Code of Regulations violations as cited that remain uncorrected and are classified as:
i. Imminent hazards representing a risk to life, health, or safety; or ii. Unreasonable risk to life, health, or safety.
b. Remediation of the violations will accrue primarily for the benefit of Very-Low-Income Residents earning 0-50 percent AMI.
c. Eligible applications received during the initial 120-day period that do not meet the criteria may be held by the Department and considered for funding after the initial 120-day period.
G. Affordability Restrictions
Affordability Restrictions vary depending on the type of Activity funded.
Affordability Restrictions may be located in the Program guidelines as follows:
• §300.10 Mobilehome Park Acquisition, Conversion, Rehabilitation and Reconstruction, or Replacement
• §301.6 Remediation of Mobilehome Park Health and Safety Deficiencies or Violations
• §302.7 Mobilehome Park Replacement for Disaster Response H. Threshold
A project is not eligible for an award unless it meets all of the threshold requirements of the Program pursuant to §203 of the guidelines. 9 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 76 – 929
II.
I. Administrative Costs
1. General administrative activities. Such costs for administration include:
2. Salaries, wages, and related costs of the Recipient's staff engaged in Activities associated with the Local Program, including general management, general legal services, accounting, and auditing;
3. Travel costs incurred in carrying out the general management of the Local Program;
4. Administrative services performed under third-party contracts, including contracts for such services as general legal services, accounting services, and audit services;
5. Other costs for goods and services related to the general management of the Local Program, including rental and maintenance of office space, insurance, utilities, office supplies, and rental or purchase of office equipment.
6. Costs incurred in providing information and resources to Residents, and to organizations working with the Recipient on the planning, implementation, or assessment of the Local Program.
Program Requirements For Activities Specific to Mobilehome Parks To be eligible for award pursuant to this subsection, an Applicant must meet all of the requirements for the Activity being funded detailed in Article Ill of the Program guidelines. The Department recommends Applicants thoroughly read the guidelines in conjunction with this NOFA.
A. Mobilehome Park Acquisition, Conversion, Rehabilitation and Reconstruction, or Replacement
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
i. Pursuant to HSC §50786(f) Resident Organization Applicants shall be prioritized for funding, meaning any eligible and complete applications received by a Resident Organization shall be funded before other Applicant entities types should there not be enough funding to fund all types of Applicants.
b. Qualified Nonprofit Housing Sponsor; or
10 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
II.
I. Administrative Costs
1. General administrative activities. Such costs for administration include:
2. Salaries, wages, and related costs of the Recipient's staff engaged in Activities associated with the Local Program, including general management, general legal services, accounting, and auditing;
3. Travel costs incurred in carrying out the general management of the Local Program;
4. Administrative services performed under third-party contracts, including contracts for such services as general legal services, accounting services, and audit services;
5. Other costs for goods and services related to the general management of the Local Program, including rental and maintenance of office space, insurance, utilities, office supplies, and rental or purchase of office equipment.
6. Costs incurred in providing information and resources to Residents, and to organizations working with the Recipient on the planning, implementation, or assessment of the Local Program.
Program Requirements For Activities Specific to Mobilehome Parks To be eligible for award pursuant to this subsection, an Applicant must meet all of the requirements for the Activity being funded detailed in Article Ill of the Program guidelines. The Department recommends Applicants thoroughly read the guidelines in conjunction with this NOFA.
A. Mobilehome Park Acquisition, Conversion, Rehabilitation and Reconstruction, or Replacement
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
i. Pursuant to HSC §50786(f) Resident Organization Applicants shall be prioritized for funding, meaning any eligible and complete applications received by a Resident Organization shall be funded before other Applicant entities types should there not be enough funding to fund all types of Applicants.
b. Qualified Nonprofit Housing Sponsor; or
10 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 77 – 929
c. Local Public Entity.
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used to acquire, improve, or replace a Mobilehome Park to ensure safe, healthy, habitable housing, Affordable to its Low-Income Residents, or to convert the ownership of a Mobilehome Park from being privately owned to owned by a Resident Organization. Examples of eligible uses include but are not limited to:
a. Acquisition costs, including Park purchase price;
b. Permits and state and local fees;
c. Appraisal, architectural, engineering, legal and other professional fees; d. Financing costs;
e. Escrow, title insurance, and other related costs;
f. Environmental hazard reports and surveys;
g. Attorney fees directly associated with activities funded by the Program. h. Relocation costs pursuant to CCR Title 25, §8020:
i. Cost of Rehabilitation or Reconstruction or Replacement of the Park, as defined in Appendix A of these guidelines;
j. Cost to remove an abandoned Mobilehome from the Park; k. Cost for salvage processing;
I. MORE funds may be used to reconstruct or replace a Mobilehome Park, including the cost of moving of the Mobilehomes, to a more suitable site within the same jurisdiction if the Department determines that the cost of the reestablishment, including all relocation costs to the affected Households, is a more prudent expenditure of funds than the costs of needed or repetitive repairs to the existing Park. Funds provided for these purposes shall not be used to relieve a Park Owner of any responsibility for covering the costs of mitigating the impacts of a Park closure, as may be provided for by local ordinance or pursuant to Government Code (GC) §65863.7 or §66427.4.
11 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
c. Local Public Entity.
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used to acquire, improve, or replace a Mobilehome Park to ensure safe, healthy, habitable housing, Affordable to its Low-Income Residents, or to convert the ownership of a Mobilehome Park from being privately owned to owned by a Resident Organization. Examples of eligible uses include but are not limited to:
a. Acquisition costs, including Park purchase price;
b. Permits and state and local fees;
c. Appraisal, architectural, engineering, legal and other professional fees; d. Financing costs;
e. Escrow, title insurance, and other related costs;
f. Environmental hazard reports and surveys;
g. Attorney fees directly associated with activities funded by the Program. h. Relocation costs pursuant to CCR, Title 25, §8020:
i. Cost of Rehabilitation or Reconstruction or Replacement of the Park, as defined in Appendix A of these guidelines;
j . Cost to remove an abandoned Mobilehome from the Park; k. Cost for salvage processing;
I. MORE funds may be used to reconstruct or replace a Mobilehome Park, including the cost of moving of the Mobilehomes, to a more suitable site within the same jurisdiction if the Department determines that the cost of the reestablishment, including all relocation costs to the affected Households, is a more prudent expenditure of funds than the costs of needed or repetitive repairs to the existing Park. Funds provided for these purposes shall not be used to relieve a Park Owner of any responsibility for covering the costs of mitigating the impacts of a Park closure, as may be provided for by local ordinance or pursuant to Government Code (GC) §65863.7 or §66427.4.
11 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 78 – 929
3. Project Requirements
To be eligible for award, the project must meet the requirements pursuant to §300. 7 of the guidelines.
4. Maximum Loan Amounts
The maximum loan amount shall be the lesser of:
a. To the extent possible, the Loan amount shall not exceed 50 percent (50%) of the Local Project costs. The Loan amount may be for up to 95 percent (95%) of the approved costs attributable to the Low-Income Spaces in the Park when the following has been demonstrated to the Department's satisfaction;
i. The Applicant has made an effort to secure additional funds from other sources and these funds are not available;
ii. The Local Project would not be feasible, as determined by the Department, without a waiver of the 50 percent (50%) financing limitations.
b. The total secured debt in a superior position to the Department's Loan plus the Department's Loan shall not exceed 115 percent (115%) of the value of the collateral securing the Loan, plus the costs related to the acquisition, conversion, rehabilitation, reconstruction or replacement, or any combination thereof, of the Local Project.
5. Loan Terms
a. Loans shall be for a term of thirty-five (35) years; b. Loans shall have an interest rate of one percent (1 %); c. Awards may be made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
12 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
3. Project Requirements
To be eligible for award, the project must meet the requirements pursuant to §300.7 of the guidelines.
4. Maximum Loan Amounts
The maximum loan amount shall be the lesser of:
a. To the extent possible, the Loan amount shall not exceed 50 percent (50%) of the Local Project costs. The Loan amount may be for up to 95 percent (95%) of the approved costs attributable to the Low-Income Spaces in the Park when the following has been demonstrated to the Department's satisfaction;
i. The Applicant has made an effort to secure additional funds from other sources and these funds are not available;
ii. The Local Project would not be feasible, as determined by the Department, without a waiver of the 50 percent (50%) financing limitations.
b. The total secured debt in a superior position to the Department's Loan plus the Department's Loan shall not exceed 115 percent (115%) of the value of the collateral securing the Loan, plus the costs related to the acquisition, conversion, rehabilitation, reconstruction or replacement, or any combination thereof, of the Local Project.
5. Loan Terms
a. Loans shall be for a term of thirty-five (35) years; b. Loans shall have an interest rate of one percent (1 %); c. Awards may be made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
12 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 79 – 929
B. Remediation of Mobilehome Park Health and Safety Deficiencies or Violations
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
b. Qualified Nonprofit Housing Sponsor;
c. Local Public Entity; or
d. Private Mobilehome Park Owner, pursuant to §301.1 of the guidelines.
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used to correct a Mobilehome Park's Mobilehome Park Act violation(s) cited by the enforcement agency in a notice of violation or to make repairs necessary for a Mobilehome Park to obtain or restore a permit to operate.
Eligible use of funds includes:
a. Costs to make repairs required to correct Mobilehome Park Act violations cited by the enforcement agency in a notice of violation needed to restore or obtain a permit to operate;
b. Costs to pay any past due fees directly related to a suspended or expired permit to operate;
c. Costs can include any on-site or off-site repairs needed for utility connections or other essential health and safety purposes; d. Other costs as the Department may approve, in its sole and absolute discretion, directly or indirectly related to Remediation of health and safety deficiencies, restoration of permits to operate, or to obtain permits to operate where one is required.
3. Project Requirements
To be eligible for award, the project must meet the requirements of §301 of the guidelines.
13 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
B. Remediation of Mobilehome Park Health and Safety Deficiencies or Violations
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
b. Qualified Nonprofit Housing Sponsor;
c. Local Public Entity; or
d. Private Mobilehome Park Owner, pursuant to §301.1 of the guidelines.
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used to correct a Mobilehome Park's Mobilehome Park Act violation(s) cited by the enforcement agency in a notice of violation or to make repairs necessary for a Mobilehome Park to obtain or restore a permit to operate.
Eligible use of funds includes:
a. Costs to make repairs required to correct Mobilehome Park Act violations cited by the enforcement agency in a notice of violation needed to restore or obtain a permit to operate;
b. Costs to pay any past due fees directly related to a suspended or expired permit to operate;
c. Costs can include any on-site or off-site repairs needed for utility connections or other essential health and safety purposes; d. Other costs as the Department may approve, in its sole and absolute discretion, directly or indirectly related to Remediation of health and safety deficiencies, restoration of permits to operate, or to obtain permits to operate where one is required.
3. Project Requirements
To be eligible for award, the project must meet the requirements of §301 of the guidelines.
13 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 80 – 929
4. Maximum Loan Amount
The maximum Loan amount shall be the minimum amount necessary to restore the Mobilehome Park to a condition meeting all health and safety requirements required for a permit to operate.
5. Loan Terms
a. Loans shall be for a term of thirty-five (35) years; b. Loans shall have an interest rate of one percent (1 %); c. Awards maybe made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
C. Mobilehome Park Replacement for Disaster Response
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
b. Qualified Nonprofit Housing Sponsor; or
c. Local Public Entity
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used as a response to a state or federally declared disaster to acquire and construct a new Mobilehome Park or replace part of a Mobilehome Park that was destroyed.
Funds shall be used only for the following costs:
a. Purchase of real property;
b. Permits and state and local fees;
c. Predevelopment costs directly related to the reconstruction of the Mobilehome Park;
d. Relocation costs pursuant to CCR Title 25, §8020:
14 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
4. Maximum Loan Amount
The maximum Loan amount shall be the minimum amount necessary to restore the Mobilehome Park to a condition meeting all health and safety requirements required for a permit to operate.
5. Loan Terms
a. Loans shall be for a term of thirty-five (35) years; b. Loans shall have an interest rate of one percent (1%); c. Awards maybe made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
C. Mobilehome Park Replacement for Disaster Response
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
b. Qualified Nonprofit Housing Sponsor; or
c. Local Public Entity
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used as a response to a state or federally declared disaster to acquire and construct a new Mobilehome Park or replace part of a Mobilehome Park that was destroyed.
Funds shall be used only for the following costs:
a. Purchase of real property;
b. Permits and state and local fees;
c. Predevelopment costs directly related to the reconstruction of the Mobilehome Park;
d. Relocation costs pursuant to CCR Title 25, §8020:
14 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 81 – 929
e. Onsite improvements related to the reconstruction of the Mobilehome Park;
f. Carrying costs during construction, including insurance, construction financing fees and interest, taxes, and any other expenses necessary to hold the property while the Mobilehome Park is under development; g. Costs for items intended to assure the completion of construction, such as contractor bond premiums;
h. Appraisal and inspection fees;
i. Engineering, legal and other professional fees;
j. Financing costs;
k. Escrow, title insurance, and other related costs;
I. Environmental hazard reports and surveys;
m. Attorney fees directly associated with Activities related to the Activities funded by the Program.
3. Project Requirements
To be eligible for award, the project must meet the requirements of §302.5 of the guidelines.
4. Maximum Loan Amount
a. The maximum Loan amount shall be an amount reasonable and necessary to ensure the Project feasibility as determined by the Department.
b. The award amount may not exceed 95 percent (95%) of the costs attributable to Low-Income Spaces.
5. Loan Terms
a. Loans shall be for a term of thirty-five (35) years; b. Loans shall have an interest rate of one percent (1 %); c. Awards may be made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
15 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
e. Onsite improvements related to the reconstruction of the Mobilehome Park;
f. Carrying costs during construction, including insurance, construction financing fees and interest, taxes, and any other expenses necessary to hold the property while the Mobilehome Park is under development; g. Costs for items intended to assure the completion of construction, such as contractor bond premiums;
h. Appraisal and inspection fees;
i. Engineering, legal and other professional fees;
j. Financing costs;
k. Escrow, title insurance, and other related costs;
I. Environmental hazard reports and surveys;
m. Attorney fees directly associated with Activities related to the Activities funded by the Program.
3. Project Requirements
To be eligible for award, the project must meet the requirements of §302.5 of the guidelines.
4. Maximum Loan Amount
a. The maximum Loan amount shall be an amount reasonable and necessary to ensure the Project feasibility as determined by the Department.
b. The award amount may not exceed 95 percent (95%) of the costs attributable to Low-Income Spaces.
5. Loan Terms
a. Loans shall be for a term of thirty-five (35) years; b. Loans shall have an interest rate of one percent (1 %); c. Awards may be made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
15 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 82 – 929
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
Ill. Program Requirements For Activities Specific to Individual Mobilehomes A. Rehabilitation or Replacement of Residents' Mobilehomes
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
b. Qualified Nonprofit Housing Sponsor; or
c. Local Public Entity.
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used for the Rehabilitation of Low-Income Resident Mobilehomes. Should the cost to repair a Mobilehome be more than the cost to replace it, Replacement costs may be eligible. Refer to §400.2 of the guidelines for a list of eligible Replacement costs.
Please note, the Department does not directly fund individual Residents.
The Recipient will receive an award as a Forgivable Loan. The Recipient may expend the award in one of the following ways:
a. Contract with a qualified entity to make the repairs and be responsible for:
i. The selection of a qualified entity to do the repairs; ii. Payment to the entity once the repairs have been completed; iii. Document the repairs have been satisfactorily completed; b. Award funds directly to a Low-Income Resident in the form of a Grant and the Resident shall be responsible for:
i. The selection of a qualified entity to do the repairs; 16 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
Ill. Program Requirements For Activities Specific to Individual Mobilehomes A. Rehabilitation or Replacement of Residents' Mobilehomes
1. Eligible Applicant
In addition to meeting the requirements of §200 of the guidelines, an eligible Applicant must be one of the following:
a. Resident Organization
b. Qualified Nonprofit Housing Sponsor; or
c. Local Public Entity.
2. Eligible Use of Funds
Funds awarded pursuant to this subsection shall be used for the Rehabilitation of Low-Income Resident Mobilehomes. Should the cost to repair a Mobilehome be more than the cost to replace it, Replacement costs may be eligible. Refer to §400.2 of the guidelines for a list of eligible Replacement costs.
Please note, the Department does not directly fund individual Residents.
The Recipient will receive an award as a Forgivable Loan. The Recipient may expend the award in one of the following ways:
a. Contract with a qualified entity to make the repairs and be responsible for:
i. The selection of a qualified entity to do the repairs; ii. Payment to the entity once the repairs have been completed; iii. Document the repairs have been satisfactorily completed; b. Award funds directly to a Low-Income Resident in the form of a Grant and the Resident shall be responsible for:
i. The selection of a qualified entity to do the repairs; 16 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 83 – 929
ii. Ensuring the repairs are completed within the term of the Grant Agreement;
iii. Payment to the entity once the repairs are completed; iv. Submitting documentation to the Recipient that the repairs have been completed.
Funds may be used for the following types of activities; specific examples of eligible costs can be located in §400.2 of the guidelines:
a. Repairs to a Resident's Mobilehome;
b. Accessibility upgrades to a Resident's Mobilehome; or c. Energy efficiency upgrades to a Resident's Mobilehome.
3. Maximum Loan Amounts
a. The maximum Loan amount awarded to a Recipient shall be $10 million. The Department, at its sole discretion, may award a portion of the amount requested by the Applicant, if it is determined the Local Program would be feasible with a lower award amount.
4. Loan Terms
a. Loans shall be for a term of ten (.1Q) years;
b. Loans shall have an interest rate of one percent (1 %); c. Awards may be made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
5. Grants to Residents from the Recipient
a. The maximum Grant amount awarded to a Resident shall be for the minimum amount needed to complete the rehabilitation, replacements, upgrades, or a combination thereof.
b. Recipients who receive applications from Residents for Grant funding must evaluate the applications and place them within one of the following three priority pools.
17 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
ii. Ensuring the repairs are completed within the term of the Grant Agreement;
iii. Payment to the entity once the repairs are completed; iv. Submitting documentation to the Recipient that the repairs have been completed.
Funds may be used for the following types of activities; specific examples of eligible costs can be located in §400.2 of the guidelines:
a. Repairs to a Resident's Mobilehome;
b. Accessibility upgrades to a Resident's Mobilehome; or c. Energy efficiency upgrades to a Resident's Mobilehome.
3. Maximum Loan Amounts
a. The maximum Loan amount awarded to a Recipient shall be $10 million. The Department, at its sole discretion, may award a portion of the amount requested by the Applicant, if it is determined the Local Program would be feasible with a lower award amount.
4. Loan Terms
a. Loans shall be for a term of ten (1.Q) years;
b. Loans shall have an interest rate of one percent (1 %); c. Awards may be made as Forgivable Loans pursuant to Appendix A of the Program guidelines, except for an annual payment of 0.42% of the principal balance for monitoring costs.
d. The Department reserves the right, at its sole and absolute discretion, to grant an extension of the Loan terms.
5. Grants to Residents from the Recipient
a. The maximum Grant amount awarded to a Resident shall be for the minimum amount needed to complete the rehabilitation, replacements, upgrades, or a combination thereof.
b. Recipients who receive applications from Residents for Grant funding must evaluate the applications and place them within one of the following three priority pools.
17 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 84 – 929
i. Pool number one: Applications from this pool will be awarded first.
This pool includes applications in which:
(A) The Applicant has received one or more notices of violation from the Mobilehome Park's enforcement agency requiring repairs and/or alteration(s) to their Manufactured Home or Mobilehome.
Qualifying repairs/alterations constitute a substandard condition and nuisance pursuant to Title 25 of the California Code of Regulations, §1606.
ii. Pool number two: Applications from this pool will be awarded once all eligible applications from pool one have been funded. This pool includes:
(A) Residents with a Manufactured Home or Mobilehome requiring a repair(s) or alteration(s) where the homeowner has obtained a report from a licensed C-47 Manufactured Housing Contractor, licensed engineer, or licensed architect, detailing the substandard conditions and the associated subsections of Title 25 of the California Code of Regulations, § 1606.
c. Pool number three: Applications from this pool will be awarded once all eligible applications from both pools 1 and 2 have been funded. This pool will include all other eligible applications not listed in pools above.
6. Grant Terms
a. Grants shall be for a term of three (3) years;
b. Grants may be closed upon completion of the work done to the Mobilehome;
c. The Resident shall enter into a Grant Agreement, or other enforceable agreement with the Recipient pursuant to §600 of the Program guidelines.
d. The Recipient may, with the Department's approval, extend the terms of the Grant Agreement should it be demonstrated that the work could not be completed within the original Grant term.
IV. Application Submission and Review Procedures
A. Pre-Application Technical Assistance
The Department requires all Applicants to engage in a pre-application technical assistance meeting with the Department prior to applying for 18 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
i. Pool number one: Applications from this pool will be awarded first.
This pool includes applications in which:
(A) The Applicant has received one or more notices of violation from the Mobilehome Park's enforcement agency requiring repairs and/or alteration(s) to their Manufactured Home or Mobilehome.
Qualifying repairs/alterations constitute a substandard condition and nuisance pursuant to Title 25 of the California Code of Regulations, §1606.
ii. Pool number two: Applications from this pool will be awarded once all eligible applications from pool one have been funded. This pool includes:
(A) Residents with a Manufactured Home or Mobilehome requiring a repair(s) or alteration(s) where the homeowner has obtained a report from a licensed C-47 Manufactured Housing Contractor, licensed engineer, or licensed architect, detailing the substandard conditions and the associated subsections of Title 25 of the California Code of Regulations, §1606.
c. Pool number three: Applications from this pool will be awarded once all eligible applications from both pools 1 and 2 have been funded. This pool will include all other eligible applications not listed in pools above.
6. Grant Terms
a. Grants shall be for a term of three (3) years;
b. Grants may be closed upon completion of the work done to the Mobilehome;
c. The Resident shall enter into a Grant Agreement, or other enforceable agreement with the Recipient pursuant to §600 of the Program guidelines.
d. The Recipient may, with the Department's approval, extend the terms of the Grant Agreement should it be demonstrated that the work could not be completed within the original Grant term.
IV. Application Submission and Review Procedures
A. Pre-Application Technical Assistance
The Department requires all Applicants to engage in a pre-application technical assistance meeting with the Department prior to applying for 18 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 85 – 929
Program funds. The technical assistance meeting will allow the prospective Applicant to discuss the proposed project, along with other applicable programmatic considerations, including those related to the scope of work being proposed, and any cited health and safety violations. Pre-application technical assistance meetings (have been available since) May 9, 2023 and may be requested by emailing [email protected].
B. Application Workshops
The Department will conduct application workshops at scheduled times throughout the NOFA application period. The Department will conduct these workshops both in person and virtually. Please visit the Program website for the dates and locations and to register for workshops.
Sign up to receive MORE Program updates on the Department's webpage.
C. Application Submission Process
Application materials must be submitted electronically via the application portal. The portal link, and requirements for submitting the MORE NOFA application and required supporting documentation, including naming conventions, can be found on the Department's MORE webpage. The application instructions and submittal portal will be available (were available?) beginning June 30, 2023.
Applicants must upload and submit all application materials to the application portal no later than 4:00 p.m. Pacific Standard Time on June 30, 2024.
Applications that do not meet the filing deadline will not be eligible for funding.
Applications must be on the Department's forms and cannot be altered or modified by the Applicant. It is the Applicant's responsibility to ensure the application is clear, complete, and accurate.
D. Disclosure of Application
Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968). As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank account numbers, personal phone numbers and home addresses. By providing this information to the Department, the applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.
19 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
Program funds. The technical assistance meeting will allow the prospective Applicant to discuss the proposed project, along with other applicable programmatic considerations, including those related to the scope of work being proposed, and any cited health and safety violations. Pre-appl ication technical assistance meetings (have been available since) May 9, 2023 and may be requested by emailing MORE@hcd. ca.gov.
B. Application Workshops
The Department will conduct application workshops at scheduled times throughout the NOFA appl ication period. The Department will conduct these workshops both in person and virtually. Please visit the Program website for the dates and locations and to register for workshops.
Sign up to receive MORE Program updates on the Department's webpage.
C. Application Submission Process
Application materials must be submitted electronically via the application portal. The portal link, and requirements for submitting the MORE NOFA application and required supporting documentation, including naming conventions, can be found on the Department's MORE webpage. The application instructions and submittal portal will be available (were available?) beginning June 30, 2023.
Applicants must upload and submit all application materials to the application portal no later than 4:00 p.m. Pacific Standard Time on June 30, 2024.
Applications that do not meet the filing deadline will not be eligible for funding.
Applications must be on the Department's forms and cannot be altered or modified by the Appl icant. It is the Applicant's responsibility to ensure the appl ication is clear, complete, and accurate.
D. Disclosure of Application
Information provided in the application will become a public record available for review by the public, pursuant to the Cal ifornia Public Records Act (Chapter 1473, Statutes of 1968). As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank account numbers, personal phone numbers and home addresses. By providing this information to the Department, the appl icant is waiving any claim of confidential ity and consents to the disclosure of submitted material upon request.
19 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 86 – 929
E. Application Review
1. Applications for Activities specific to Mobilehome Parks must adhere to the following:
a. Applications will be time stamped by the application portal and reviewed in the order they are received.
b. Applications determined to be ineligible will receive notification from the Department.
c. Applications that are determined to be incomplete will be returned to the Applicant to make needed corrections and provide any missing documentation. When the Applicant returns the corrected application to the Department it will be reviewed after any other applications received prior to the resubmittal. In an OTC NOFA, there is not an appeals process.
2. Applications for Activities specific to individual Residents must adhere to the following:
a. Applications will be time stamped by the application portal and reviewed in the order they are received.
b. Applications determined to be ineligible will receive notification from the Department.
c. Applications that are determined to be incomplete will be returned to the Applicant to make needed corrections and provide any missing documentation. When the Applicant returns the corrected application to the Department it will be reviewed after any other applications received prior to the resubmittal.
d. Applications that are determined to be eligible and complete during the funding cycle will be funded in the order they were received.
3. Basis of Appeals
a. Applicants may appeal HCD's written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker).
b. At the sole discretion of the Department, the Department's written determination may include a request for clarifying and/or corrective information. For purposes of this section, "clarifying information" includes information and/or documentation that resolves ambiguities 20 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
E. Application Review
1. Applications for Activities specific to Mobilehome Parks must adhere to the following:
a. Applications will be time stamped by the application portal and reviewed in the order they are received.
b. Applications determined to be ineligible will receive notification from the Department.
c. Applications that are determined to be incomplete will be returned to the Applicant to make needed corrections and provide any missing documentation. When the Applicant returns the corrected application to the Department it will be reviewed after any other applications received prior to the resubmittal. In an OTC NOFA, there is not an appeals process.
2. Applications for Activities specific to individual Residents must adhere to the following:
a. Applications will be time stamped by the application portal and reviewed in the order they are received.
b. Applications determined to be ineligible will receive notification from the Department.
c. Applications that are determined to be incomplete will be returned to the Applicant to make needed corrections and provide any missing documentation. When the Applicant returns the corrected application to the Department it will be reviewed after any other applications received prior to the resubmittal.
d. Applications that are determined to be eligible and complete during the funding cycle will be funded in the order they were received.
3. Basis of Appeals
a. Applicants may appeal HCD's written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker).
b. At the sole discretion of the Department, the Department's written determination may include a request for clarifying and/or corrective information. For purposes of this section, "clarifying information" includes information and/or documentation that resolves ambiguities 20 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 87 – 929
in any application materials that will inform the Department's threshold, scoring and feasibility determinations.
c. No Applicant shall have the right to appeal a decision of HCD relating to another Applicant's application (e.g., eligibility, award). d. Any request to appeal HCD's decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of HCD.
e. The appeal process provided herein applies solely to decisions of HCD made pursuant to this NOFA.
4. Appeal Process and Deadlines
a. Process: To file an appeal, Applicants must submit to HCD, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based.
Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to HCD, no further information of materials will be accepted or considered thereafter. Appeals are to be submitted to HCD at [TBD]@hcd.ca.gov according to the deadline set forth in HCD review letters.
b. Filing Deadline: Appeals must be received by HCD no later than five (5) business days from the date of HCD's threshold review, or initial score letters, as applicable, representing HCD's decision made in response to the application.
5. Decision
a. Any request to appeal HCD's decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of HCD.
21 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
in any application materials that will inform the Department's threshold, scoring and feasibility determinations.
c. No Applicant shall have the right to appeal a decision of HCD relating to another Applicant's application (e.g ., eligibility, award). d. Any request to appeal HCD's decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding , and conclusive, and shall constitute the final action of HCD.
e. The appeal process provided herein applies solely to decisions of HCD made pursuant to this NOFA.
4. Appeal Process and Deadlines
a. Process: To file an appeal, Applicants must submit to HCD, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based.
Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to HCD, no further information of materials will be accepted or considered thereafter. Appeals are to be submitted to HCD at [TBD]@hcd.ca.gov according to the deadline set forth in HCD review letters.
b. Filing Deadline: Appeals must be received by HCD no later than five (5) business days from the date of HCD's threshold review, or initial score letters, as applicable, representing HCD's decision made in response to the application.
5. Decision
a. Any request to appeal HCD's decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final , binding, and conclusive, and shall constitute the final action of HCD.
21 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 88 – 929
F. Award Announcements and Contracts
1. Award Announcements
The Department will announce Program awards as they are made on the MORE webpage.
2. Contracts
a. Recipient(s) will enter into a Standard Agreement with the Department.
The Standard Agreement will contain relevant state contracting and program requirements, specific information about the award, the work to be performed, a project/program timeline, and any special conditions required to make the project feasible (guidelines §600). b. The Recipient(s) shall remain a party to the Standard Agreement for the agreement's entire term. The Standard Agreement allows a maximum of sixty (60) months from the date the Standard Agreement is fully executed by all parties to expend funds.
c. The Department may exercise its reasonable discretion to disencumber funds which have not been timely expended or to grant an extension of time for completion. Extensions are subject to any and all applicable encumbrances and deadlines. Documentation to support the Recipient's expenditure of funds shall be received prior to the contract expiration date. The Standard Agreement expires at the end of sixty (60) months from the date the Standard Agreement is fully executed by all parties, unless extended. Any request for an extension of time must be in writing, submitted to the Department no less than ninety (90) days before the contract expiration date and approval thereof is at the Department's sole discretion. Recipients remain subject to the terms of the thirty (30) year Monitoring Agreement.
G. Release of Funds
The Department shall have no obligation to disburse funds prior to the date a Standard Agreement contract is fully executed between the Recipient and the Department. Funds will be released after the Standard Agreement execution, and after the Department has reviewed and approved the following Recipient submissions:
1. Local Program guidelines
2. Grant document templates
3. Fully executed ten (1.Q) year Monitoring Agreement
22 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
F. Award Announcements and Contracts
1. Award Announcements
The Department will announce Program awards as they are made on the MORE webpage.
2. Contracts
a. Recipient(s) will enter into a Standard Agreement with the Department.
The Standard Agreement will contain relevant state contracting and program requirements, specific information about the award, the work to be performed, a project/program timeline, and any special conditions required to make the project feasible (guidel ines §600). b. The Recipient(s) shall remain a party to the Standard Agreement for the agreement's entire term. The Standard Agreement allows a maximum of sixty (60) months from the date the Standard Agreement is fully executed by all parties to expend funds.
c. The Department may exercise its reasonable discretion to disencumber funds which have not been timely expended or to grant an extension of time for completion. Extensions are subject to any and all applicable encumbrances and deadlines. Documentation to support the Recipient's expenditure of funds shall be received prior to the contract expiration date. The Standard Agreement expires at the end of sixty (60) months from the date the Standard Agreement is fully executed by all parties, unless extended . Any request for an extension of time must be in writing, submitted to the Department no less than ninety (90) days before the contract expiration date and approval thereof is at the Department's sole discretion. Recipients remain subject to the terms of the thirty (30) year Monitoring Agreement.
G. Release of Funds
The Department shall have no obligation to disburse funds prior to the date a Standard Agreement contract is fully executed between the Recipient and the Department. Funds will be released after the Standard Agreement execution, and after the Department has reviewed and approved the following Recipient submissions:
1. Local Program guidelines
2. Grant document templates
3. Fully executed ten (1.Q) year Monitoring Agreement
22 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 89 – 929
4. If a Recipient contracts with a third party for the above functions, the Recipient shall submit the original contract and any amendments for Department review.
H. Other Terms and Conditions
1. Right to Modify or Suspend
The Department reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via listserv and will post the revisions to the MORE website. Please be sure and subscribe at https://www.hcd.ca.gov/contact-us/email-signup.
2. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control.
23 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023)
4. If a Recipient contracts with a third party for the above functions, the Recipient shall submit the original contract and any amendments for Department review.
H. Other Terms and Conditions
1. Right to Mod ify or Suspend
The Department reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via listserv and will post the revisions to the MORE website. Please be sure and subscribe at https://www.hcd.ca.gov/contact-us/email-signup.
2. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control.
23 CA Department of Housing and Community Development 2023 MORE NOFA (Amended November 9, 2023) Page 90 – 929
ATTACHMENT 3
ATTACHMENT 4
Housing Authority
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 14, 2024
From: Chris Constantin, City Manager
Prepared by: Lily Flores, Housing Manager
Subject: Approve an Increased Budget Appropriation for Revenue Account 034.358.000 to $20,000 and Expenditure Account 034.4802.020 to $20,000 for the San Gabriel Valley Council of Governments (SGVCOG) Housing Solutions Fund (HSF)
____________________________________________________________________________
SUMMARY
The San Gabriel Valley Council of Governments (SGVCOG) has amended the Housing Solutions Fund Memorandum of Agreement between the City of San Dimas and the San Gabriel Valley Council of Governments with the First Amendment to Memorandum of Agreement to provide for an increase of Ten Thousand and 00/100 Dollars ($10,000.00) so that the total not-to-exceed compensation shall not exceed Twenty Thousand and 00/100 Dollars ($20,000.00).
RECOMMENDATION
Staff recommends that that City Council approve the following:
1. Budget Appropriation of $10,000 to Revenue Account 034.4802.020.004 increasing the total budget to $20,000 and an additional $10,000 to Expenditure Account 034.4802.020.004 increasing the total budget to $20,000 for the San Gabriel Valley Council of Governments Housing Solutions funds.
FISCAL IMPACT
The additional $10,000 budget for FY 2023-24 will be offset by equivalent revenue from the City’s Housing Solutions Fund Allocation. Additional limited staff time will be required to administer the Program.
Budget Appropriation for the Housing Solutions Fund (HSF) Page 2 For the Meeting of May 14, 2024
BACKGROUND
On January 23, 2024, the City Council approved Resolution 2024-04 (Attachment 3) authorizing the approval of the Housing Solutions Fund Memorandum of Agreement (MOA) between the City of San Dimas and the San Gabriel Valley Council of Governments (SGVCOG) and the expenditure and offsetting revenue budget appropriation in Fund 034 the Housing Solutions Fund for the $10,000 initial grant amount (Attachment 2). The Terms of the MOA were from execution of MOA by all parties and continued through June 30, 2024. The total amount payable to the City under the MOA was a $10,000 initial release. Should the City expend the entirety of the initial funding prior to the end of the MOA term, the City can request additional funds, to be allocated by the SGVCOG, subject to funding availability and the SGVCOG’s complete discretion.
The Housing Solutions Fund (HSF) is a program funded by SGVCOG’s contract with the County of Los Angeles for Measure H funding. The HSF provides funds to eligible cities and service providers to provide financial assistance to or on behalf of individuals and families experiencing or at-risk of becoming homeless for the purpose of securing and/or retaining housing.
With the initial $10,000 allocation, the City was able to assist four (4) individuals/families with either Housing/Rehousing or Homelessness Prevention assistance.
1. The Family assisted was a household of 2 (mother/approx. 1 yr. old daughter) currently living in transitional housing in the City with an end date 2/2024. The Family was at risk of homelessness without financial assistance to help with a deposit. The Family found a studio unit in a neighboring City for $1,300 a month. They qualified for tenancy based on income and received CalWorks and employment. The City assisted them with HSF funds to pay their security deposit of $2,600 to obtain permanent housing. The Head of household (HoH) is actively searching for additional employment to increase income.
Case Management will continue with the City’s Housing Services Coordinator.
2. The Family assisted was a household of 3 (2 adults/1 child approx. 4 yrs. old) who resided in San Dimas and had not paid current months rent due to loss of disability insurance pending verification of disability from doctor. The Family was at risk of homelessness by possibly facing eviction for nonpayment of rent. HSF funds provided homeless prevention financial assistance to cover the full rent in the amount of $2,140. HoH is actively looking for part time employment and submitted verification of disability from medical doctor to reestablish benefits. HoH’s partner is working full time and requested overtime to increase income. Case Management will continue with the City’s Housing Services Coordinator.
3. The Family assisted was a household of 2 (mother/approx. 9 yr. old son) who resides and is employed at an apartment complex in the City of San Dimas. HoH receives a rent discount as part of employment. If rent is late, discount is discontinued, and fees are applied. HoH had been late in rent, due to mismanagement of funds and rent was increased. In order for HoH to get back on track and not face loss of employment and eviction, HoH needed homeless prevention assistance in arrears. Through the Homeless Management Information System (HMIS), staff was able to ascertain HoH’s history. HoH had been previously homeless from 2020 - 2022. During this time, she received vocational training and was able to acquire employment and housing. She has been employed and housed for the past 2 years in the City and son attends school in San Dimas. The City’s Housing Services Coordinator provided case management services in order to assist HoH in managing income, including discussion of money management strategies, building an emergency fund, cutting unnecessary expenses, establishing a family menu to limit fast
Budget Appropriation for the Housing Solutions Fund (HSF) Page 3 For the Meeting of May 14, 2024
food expenditures and utilizing food banks. HoH was receptive and agreed to implement interventions. HSF funds were used for homeless prevention assistance by paying arrears of $3,770.53. Case Management will continue with the City’s Housing Services Coordinator.
4. The Family assisted was a household of 6 (2 adults/ 4 children raging from 2-11 yrs. old).
Family was homeless either sleeping in a motel in San Dimas or in their car when funds were depleted. School age children attend school in San Dimas. HoH worked full time and partner took care of children not in school. The Family was referred to the City’s Housing division for assistance with housing resources. The Family had been previously enrolled in HMIS and the Coordinated Entry System (CES). The Housing Services Coordinator made a referral to Union Station Homeless Services Family Solutions Center for crisis housing and permanent housing. The Family was accepted and offered Time-Limited Subsidy Program (TLS), which helps with rent payments while the family increases income. The Family was able to locate a unit in a neighboring city. TLS provided the security deposit and will assist with the rent payment. The City assisted the Family with Housing services by purchasing furniture needed for the rental unit in the amount of $1,489.47. Case Management services were provided in order to assist the family with increase income by linking unemployed adult to Pomona Valley America’s Job Center of California (AJCC) for employment services. In addition, the Family was provided information regarding community resources including childcare services, local food banks, and vocational training programs. HoH and partner were receptive and agreed to follow up with resources provided. Case Management will continue with the City’s Housing Services Coordinator.
DISCUSSION/ANALYSIS
The City successfully expended the initial $10,000 within two (2) months of the execution of the MOA and made a request for additional funding from the SGVCOG on April 3, 2024. The SGVCOG approved the additional funding request amount of $10,000 and prepared the First Amendment to Memorandum of Agreement (Attachment 1).
Case Management with clients is currently being done with residents looking for housing units.
Although, the HSF program faces a few challenges, including lack of follow through on client’s behalf, limited housing resources available in region and high cost of living, the City has committed and sees no barriers expending the additional $10,000 of assistance by the June 30, 2024 deadline.
ALTERNATIVES
There are no alternatives recommended for this action.
ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.
Budget Appropriation for the Housing Solutions Fund (HSF) Page 4 For the Meeting of May 14, 2024
Respectfully submitted,
Lily Flores
Housing Manager
Attachments:
1. First Amendment to Memorandum of Agreement
2. Housing Solutions Fund Memorandum of Agreement between the City of San Dimas and the San Gabriel Valley Council of Governments
3. Resolution 2024-04
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 14, 2024
From: Chris Constantin, City Manager
Prepared by: Debra Black, City Clerk
Subject: Approval of the Biennial Update to the City's Conflict of Interest Code ____________________________________________________________________________
SUMMARY
The Political Reform Act requires every local government agency to review its Conflict-ofInterest Code biennially. The city last reviewed its code in March of 2022 and adopted Resolution 2022-17.
RECOMMENDATION
Staff recommends that the City Council:
• Approve updates made to the City’s Conflict-of-Interest Code.
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
A conflict of interest code informs public officials, government employees, and consultants about the financial interests they must disclose on their Statement of Economic Interests (Form 700). It serves as the foundation for the transparency required by California’s Political Reform Act for public officials.
The Basic Rule and Guide to Conflict-of-Interest Regulation 18700 stipulates that a public official, at any level of state or local government, has a prohibited conflict of interest and cannot make, participate in making, or use their official position to influence a governmental decision if they know or have reason to know they have a disqualifying financial interest. A disqualifying interest exists if the decision will have a reasonably foreseeable material financial effect, distinct from the effect on the public in general, directly on the official, their immediate family, or any financial interest described in subdivision.
Biennial Update to the City's Conflict of Interest Code Page 2 For the Meeting of May 14, 2024
DISCUSSION/ANALYSIS
The City last updated its Conflict-of-Interest Code on March 22, 2022, which included a title change and the addition of two new positions. This year’s update is being made to reflect the positions and title changes recommended in the Classification and Compensation Study of May 2022 and ratified by City Council Resolution 2022-33. These changes are shown in Appendix A, Designated Positions along with the assigned categories of disclosure.
MODIFICATIONS AND ADDITIONS
The code will be updated to include the following changes:
Title Changes
ADMINISTRATION:
1. Senior Administrative Analyst to Human Resources Manager
2. IS Administrator to IS Manager
PARKS AND RECREATION:
1. Facilities Manager to Facilities Maintenance Manager
2. Add Landscape Maintenance Manager
PUBLIC WORKS:
1. Public Works Superintendent to Public Works Maintenance Manager
2. Administrative Analyst to Senior Management Analyst
DEVELOPMENT SERVICES
1. Senior Code Compliance Officer to Code Compliance Supervisor
2. Building Inspector/Plans Examiner to Senior Building Inspector
3. Building Inspector to Building Inspector I/II
ALTERNATIVES
Council could direct the City Clerk’s Office to exclude any position from the requirement to disclose any financial interests or to adjust the assigned categories as they see fit.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Debra Black
City Clerk
Attachments:
1. Resolution 2024-24
ATTACHMENT
RESOLUTION 2024-24
A RESOLUTION OF THE CITY COUNCIL OF THECITY OF SAN DIMAS, COUNTY
OF LOS ANGELES AMENDING A STANDARDIZED CONFLICT OF INTEREST
CODE FOR DESIGNATED EMPLOYEES OF THE CITY OF SAN DIMAS
WHEREAS, the Political Reform Act of 1974, California Government Code Sections 87300-87313, requires that government entities in the State of California adopt Conflict of Interest Codes; and
WHEREAS, in 1980 the City of San Dimas adopted a Conflict of Interest Code, including procedures for filing Statements of Economic Interests as stated therein; and WHEREAS, from time to time it is necessary to amend the list of Designated Positions and Disclosure Categories, because of the establishment and deletion of City positions, and additions and amendments to State laws, regulations or interpretations thereof; and WHEREAS, the Mayor, City Council, City Manager, City Attorney, City Treasurer and members of the Planning Commission are required to file Statements of Economic Interests under State Government Code Sections 87200-87210.
WHEREAS, designated employees are required to file Statements of Economic Interests with the City Clerk’s Office via the GovQA software program.
WHEREAS, the City Council last adopted the terms of 2 Cal. Adm. Code Section 18730 in March of 2022. State law requires that the Council review the Conflict of Interest Code in even numbered years.
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve as follows:
SECTION 1. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of San Dimas.
SECTION 2. This resolution supersedes the previous Resolution 2022-17 which reviewed the Conflict of Interest Code for designated employees in the City of San Dimas and determined updates were needed.
SECTION 3. City staff has reviewed the Conflict of Interest Code presented in 2022 by the adoption of Resolution 2022-17, including the designated positions (the positions for which the employees that hold the positions are required to file statements of economic interest), and is recommending to the City Council that the Code be amended by the adoption of a revised Appendix “A” to the Conflict of Interest Code.
SECTION 4. Staff has revised Appendix “A” to the Conflict of Interest Code to reflect any addition, deletions or title changes of positions.
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
Resolution 2021-24 Page 2
Conflict of Interest Code
PASSED, APPROVED AND ADOPTED this 14th, day of May 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk of the City of San Dimas, do hereby certify that the foregoing Resolution 2024-24 was adopted at a regular meeting of the City Council of the City of San Dimas at its regular meeting of May 14th, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Debra Black, City Clerk
Resolution 2021-24 Page 3
Conflict of Interest Code
APPENDIX A
DESIGNATED POSITIONS
DESIGNATED EMPLOYEES CATEGORIES
Administrative & Finance
City Manager 1, 2, 3, 4, 5, 6, 7
Assistant City Manager 1, 2, 3, 4, 5, 6, 7
City Attorney 1, 2, 3, 4, 5, 6, 7
Director of Administrative Services/Treasurer 1, 2, 3, 4, 5, 6, 7 City Clerk 1, 2, 3, 6, 7
Finance
Accounting Supervisor 1, 2, 5, 7
Budget Supervisor 1, 2, 5, 7
IS Administrator Manager 1, 2, 3, 6, 7
Senior Administrative Analyst Human Resources Manager 6, 7 Consultants* 1, 2, 6
Parks & Recreation
Parks & Recreation Director 1, 2, 6, 7
Recreation Services Manager 2, 4, 7
Facilities Manager 2, 4, 7
Facilities Maintenance Supervisor
Landscape Maintenance Supervisor 2, 4, 7
Consultants* 1, 2, 6
Public Works
Public Works Director 1, 2, 3, 4, 6, 7
Engineering Manager 1, 2, 3, 4, 6, 7
Public Works Superintendent Maintenance Manager 2, 4, 7 Associate Engineer 1, 2, 3, 4, 6, 7
Public Works Inspector 1, 2, 3, 4, 6, 7
Senior Administrative Management Analyst 1, 3, 6, 7
Consultants* 1, 2, 6
Development Services
Director of Community Development 1, 2, 3, 4, 6, 7
Planning Manager 1, 2, 3, 4, 6
Housing Manager 1, 2, 3, 4, 6
Senior Planner 1, 2, 3, 4, 6
Associate Planner 1, 2, 3, 4, 6
Assistant Planner 1, 2, 3, 4, 6
Senior Code Compliance Officer Supervisor 1, 2, 3, 4, 6 Senior Administrative Analyst (Housing) 1, 2, 3, 6, 7
Code Compliance Officer 1, 2, 3, 4, 6
Building & Safety Manager 1, 2, 3, 4, 6, 7
Building Inspector 1, 2, 3, 4, 6
Senior Building Inspector/Plans Examiner 1, 2, 3, 4, 6
Building Inspector I/II 1, 2, 3, 4, 6
Consultants* 1, 2, 6
____________________________________________________________________________ * With respect to Consultant, the City Manager may determine in writing that a particular Consultant is hired to perform a range of duties that are limited in scope, and thus the requirements described in these categories. Such determination shall include a description of the Consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements.
The determination shall be retained by the City Clerk as filing officer. Nothing herein excuses any Consultant from any other provisions of this Code.
Resolution 2021-24 Page 4
Conflict of Interest Code
APPENDIX B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the designated employee must disclose for each disclosure category to which he or she is assigned.
Category 1: All investments and management positions in, and sources of income from, all business entities that do business or own real property in the City, plan to do business or own real property in the City within the next year or have done business or owned real property in the City within the past two years.
Category 2: All interest in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City.
Category 3: All investments and management positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee’s Department, will be subject to such authority within the next year or have been subject to such authority within the past two years.
Category 4: All investments in, and sources of income from, business entities that are engaged in land development, construction of the acquisition or sale of real property in the City, plan to engage in such activities in the City within the next year or have engaged in such activities in the City within the past two years.
Category 5: All investments and management positions in and sources of income from, business entities that are banking, savings and loan or other financial institutions.
Category 6: All investments and management positions in, and sources of income from, business entities that provide services, supplies, materials, machinery or equipment of a type purchased or leased by the City.
Category 7: All investments and management positions in, and sources of income from business entities that provide services, supplies, materials, machinery or equipment of a type used or administered by the Designated Employee’s Department.
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of May 14, 2024
From: Chris Constantin, City Manager
Prepared by: Debra Black, City Clerk
Subject: Approve Resolution 2024-25 Boards Commissions and Committee Handbook Update Implementing a Zero Term Policy
____________________________________________________________________________
SUMMARY
The purpose of this report is to confirm Council’s action for the appointment of Commissioners after an election cycle that will allow for staggered terms and alignment with the Council seats.
The discussions held during the March 26th, 2024, City Council Study Session led to the development of a plan aimed at continuity in commission memberships.
RECOMMENDATION
Staff recommends that the City Council:
1. Confirm the Zero Term for current Commissioner appointments for election cycles 2024 and 2026 only.
2. Confirm appointments for new Commissioners shall be six months from the date of certification and swearing in of the newly elected Councilmember on the 2nd Tuesday of that month, except for special elections and special circumstances.
3. Approve Resolution 2024-25 updating the Boards Commissions and Committees handbook to reflect the implementation of a zero term for appointments aligning commission and committee appointments to the respective City Council terms.
FISCAL IMPACT
There is no fiscal impact for the recommended action.
BACKGROUND
Several factors prompted the City Council to engage in discussions regarding the appointment process for Commissioners. These factors included the transition to district-based representation, the rotation of election cycles, and challenges related to delayed recruitment efforts. Recognizing
Approve Boards Commissions and Committee Handbook Update Implementing a Zero Term Policy Page 2
For the Meeting of May 14, 2024
the need for alignment between commission appointments and Council seats, the City Council convened a Study Session on March 26, 2024, to explore various options and strategies.
Key Factors:
1. Transition to Districts: The City's transition to district-based representation necessitated a review of the appointment process for Commissioners to ensure equitable representation across districts.
2. Rotation of Election Cycles: With election cycles rotating, there was a need to synchronize commission appointments with Council seats to maintain continuity and effectiveness in governance.
3. Delayed Recruitment: Challenges related to delayed recruitment efforts for commission positions underscored the importance of streamlining the appointment process and ensuring timely appointments.
DISCUSSION/ANALYSIS
During the March 26, 2024, City Council Study Session, Councilmembers deliberated on the process for appointing Commissioners following the recent election cycle. The goal was to establish a framework that would ensure staggered terms for Commissioners while aligning with the Council's election cycle.
Key Points:
1. The primary objective of the discussions was to address the need for continuity in commission memberships while accommodating the Council's election cycle.
2. The discussions centered around the need for staggered terms to prevent turnover of Commissioners in synchrony with Council seats.
3. The proposed plan aimed to align the appointment of Commissioners with the Council's election cycle, promoting stability and continuity in commission memberships.
4. Through collaborative discussions and exchange of ideas, Council members worked towards developing a plan that would facilitate staggered terms and alignment with Council seats for the appointment of Commissioners.
Based on the discussions held during the March 26th, 2024, City Council Study Session, a plan has been developed to confirm Council's action for the appointment of Commissioners. It was proposed to implement a Zero Term of six-months after an election; after six months the appointee would serve two terms and moving forward all appointments will be made six months after the certification and swearing in of a new Councilmember. This process will be in place only for this election cycle and can be revisited during the 2026 election. This proposal excludes special elections and special circumstances. The appointments will be tracked by terms of service rather than appointment dates.
This table lays out the terms for each set of council seats following the April 2024 election.
Election
Swearing
In
Seats 1 and 3
Zero Term Term 1 Term 2
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For the Meeting of May 14, 2024
April 2024 April 2024 –October
2024(2nd Tuesday)
October 2024 –
October 2026
(2nd Tuesday)
October 2026 –
October 2028
(2nd Tuesday)
Election
Swearing
In
Seats 2 and 4 and
Mayor
Zero Term Term 1 Term 2
July 2026
July 2026
– December
2026(2nd Tuesday)
January 2027-
January 2029
(2nd Tuesday)
January 2031
– January
2033(2nd Tuesday)
At any point that there is a swearing in of a Councilmember or re-swearing in of an existing Councilmember, the term of that Councilmember’s nominations expires six months after that swearing in no matter the nomination. The only other criteria would be no individual can serve greater than four years unless they're on the Planning Commission, unless the majority of the Council moves to make a modification. A Councilmember has an opportunity after they're sworn in to make appointments of their choosing at any time.
ALTERNATIVES
The City Council could propose another structure process that would achieve staggered appointments that align with the City election cycles.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Debra Black
City Clerk
Attachments:
1. Resolution 2024-25
2. Boards Commissions and Committees handbook
ATTACHMENT 1
RESOLUTION 2024-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, AMENDING THE CITY’S BOARDS, COMMISSION AND COMMITTEES
HANDBOOK
WHEREAS, The City of San Dimas maintains a Commission Handbook governing the policies, procedures and practices of the City’s Boards, Commissions, and Committees; and WHEREAS, the Commission Handbook has been recently reviewed and Section A has been revised by adding language for a Zero Term Policy and implementing commission appointments at 6 months from the date of certification and swearing in of a newly elected Councilmember on the 2nd Tuesday of that month, except for special elections and special circumstances. This is intended to supersede previous Handbooks, policies and procedures applying to Boards, Commissions, and Committees; and
WHEREAS, the City Council last met on April 26th, 2024 to consider and revise the Commission Handbook.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of San Dimas does hereby resolve that:
SECTION 1. A list of the revisions (Exhibit A) is hereby approved and adopted as amended.
SECTION 2. Any previous Commission Handbook is rescinded, and this Commission Handbook will supersede other resolutions, policies, or practices which conflict with this Commission Handbook.
PASSED, APPROVED AND ADOPTED this 14th day of May, 2024. _____________________
Emmett G. Badar, Mayor
ATTEST:
_____________________
Debra Black, City Clerk
Resolution 2024-25 Page 2
Boards Commissions and Committee’s Handbook
May 14th, 2024
I, Debra Black, City Clerk, hereby certify that Resolution 2024-25 was adopted by the City Council of San Dimas at its regular meeting of May 14th, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Debra Black, City Clerk
ATTACHMENT 1
Exhibit A
2024 Board Commission and Committees Handbook Revisions Section IV
A. Effective upon approval of this Handbook and Expiring with the 2026 Election Cycle a Zero Term Policy will be in place.
Additionally, appointments for new Commissioners shall be six months from the date of certification and swearing in of the newly elected Councilmember on the 2nd Tuesday of that
month, except for special elections and special circumstances.
F. For administrative purposes tracking will be done by term and not the date of appointment
ATTACHMENT 2
Commissioner’s
Handbook
City of San Dimas, California
January 2014
October 2017(Reprint)
May 2021 Revised
July 11, 2023 Revised
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COMMISSIONERS HANDBOOK
TABLE OF CONTENTS
INTRODUCTION..................................................................................................................................1 SECTION I GENERAL INFORMATION ABOUT SAN DIMAS ...........................................................3 A. HISTORY OF SAN DIMAS ........................................................................................................3 B. THE CITY’S MISSION STATEMENT ........................................................................................4 SECTION II CITY GOVERNMENT STRUCTURE ...............................................................................5 A. CITY COUNCIL..........................................................................................................................5 B. CITY MANAGER........................................................................................................................5 C. CITY ATTORNEY ......................................................................................................................5 D. CITY CLERK..............................................................................................................................5 E. ADMINISTRATIVE SERVICES DEPARTMENT & CITY TREASURER ....................................6 F. DEPARTMENT OF COMMUNITY DEVELOPMENT AND DEVELOPMENT SERVICES .........6 G. DEPARTMENT OF PUBLIC WORKS .......................................................................................6 H. DEPARTMENT OF PARKS AND RECREATION......................................................................6 SECTION III BOARDS COMMISSIONS AND COMMITTEES............................................................8 A. DEVELOPMENT PLAN REVIEW BOARD ................................................................................8 B. EQUESTRIAN COMMISSION...................................................................................................9 C. PARKS AND RECREATION COMMISSION .............................................................................9 D. PLANNING COMMISSION........................................................................................................9 E. PUBLIC SAFETY COMMISSION ..............................................................................................9 F. SENIOR CITIZENS ADVISORY COMMISSION......................................................................10 G. GOLF COURSE ADVISORY COMMITTEE.............................................................................10 SECTION IV PERTINENT INFORMATION .......................................................................................11 A. NOMINATIONS AND APPOINTMENTS .................................................................................11 B. TERM OF OFFICE...................................................................................................................12 C. APPOINTMENT OR ELIGIBILITY OF FORMER EMPLOYEES .............................................12 D. APPOINTMENT OF EMPLOYEE’S RELATIVE ......................................................................12 E. APPOINTMENT OF RELATIVES OF CITY COUNCIL OR CITY MANAGER .........................13 F. SEEKING PERSONAL INTEREST OR BENEFIT...................................................................13
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G. RESIGNATION AND REMOVAL ............................................................................................14 H. ATTENDANCE ........................................................................................................................14 I. BENEFITS ...............................................................................................................................14 J. INCIDENTAL EXPENSES .......................................................................................................14 K. ETHICS AND OTHER TRAINING............................................................................................15 L. ROSENBERG’S RULES..........................................................................................................15 SECTION V OPERATING PROCEDURES .......................................................................................16 A. REGULAR MEETINGS............................................................................................................16 B. ADJOURNED MEETINGS.......................................................................................................16 C. SPECIAL MEETINGS..............................................................................................................16 D. QUORUM ................................................................................................................................16 E. RALPH M. BROWN ACT.........................................................................................................16 F. FORMAL PUBLIC HEARING ..................................................................................................17 G. HEARING PROCEDURES.......................................................................................................17 H. MOTIONS ................................................................................................................................18 I. ADJOURNMENT .....................................................................................................................18 J. AGENDA..................................................................................................................................19 K. MINUTES.................................................................................................................................19 L. AGENDA PACKETS................................................................................................................19 M. POLITICAL REFORM ACT ......................................................................................................19 N. CITY OF SAN DIMAS MUNICIPAL CODE ..............................................................................20 O. AREA OF INTEREST ...............................................................................................................20 P. SUB-COMMITTEES ................................................................................................................20 Q. ROLE OF CHAIR .....................................................................................................................21 SECTION VI RELATIONSHIPS.........................................................................................................22 A. INTERACTION WITH STAFF..................................................................................................22 B. INTERACTION WITH CITY COUNCIL....................................................................................23 C. INTERACTION WITH THE PUBLIC ........................................................................................23 SECTION VII COMMISSION EFFECTIVENESS...............................................................................25 A. FUNCTIONS AND BEHAVIORS .............................................................................................25 B. EFFECTIVE CONFLICT MANAGEMENT ...............................................................................26 SECTION VIII APPROVALS AND MODIFICATIONS.......................................................................28
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ROSENBERG’S RULES OF ORDER ...............................................................................................39 A GUIDE TO THE RALPH M. BROWN ACT .................................................................................52 TABLE OF CONTENTS..................................................................................................................53 CHAPTER 1....................................................................................................................................56 IT IS THE PEOPLE’S BUSINESS ..................................................................................................56 The right of access..........................................................................................................................56 Broad coverage...............................................................................................................................57 Narrow exemptions .........................................................................................................................57 Public participation in meetings ......................................................................................................57 Controversy.....................................................................................................................................58 Beyond the law — good business practices ...................................................................................58 Achieving balance...........................................................................................................................59 Historical note .................................................................................................................................59 CHAPTER 2....................................................................................................................................62 LEGISLATIVE BODIES ..................................................................................................................62 CHAPTER 3....................................................................................................................................67 MEETINGS .....................................................................................................................................67 Brown Act meetings ........................................................................................................................67 Six exceptions to the meeting definition..........................................................................................67 Individual Contacts .........................................................................................................................67 Conferences ....................................................................................................................................68 Community Meetings.......................................................................................................................68 Other Legislative Bodies..................................................................................................................69 Standing Committees ......................................................................................................................69 Social or Ceremonial Events ...........................................................................................................70 Grand Jury Testimony .....................................................................................................................70 Collective briefings..........................................................................................................................70 Retreats or workshops of legislative bodies....................................................................................70 Serial meetings ...............................................................................................................................71 Informal gatherings .........................................................................................................................73 Technological conferencing ............................................................................................................74 Location of meetings.......................................................................................................................75 CHAPTER 4....................................................................................................................................79 AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ................................................................79 Agendas for regular meetings.........................................................................................................79 Mailed agenda upon written request...............................................................................................80 Notice requirements for special meetings.......................................................................................81 Notices and agendas for adjourned and continued meetings and hearings ...................................81
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Notice requirements for emergency meetings ................................................................................82 Notice of compensation for simultaneous or serial meetings..........................................................82 Educational agency meetings .........................................................................................................82 Notice requirements for tax or assessment meetings and hearings ...............................................83 Non-agenda items...........................................................................................................................83 Responding to the public ................................................................................................................84 The right to attend and observe meetings ......................................................................................85 Records and recordings..................................................................................................................86 The public’s place on the agenda ...................................................................................................87 CHAPTER 5....................................................................................................................................90 CLOSED SESSIONS......................................................................................................................90 Agendas and reports.......................................................................................................................91 Litigation..........................................................................................................................................91 Existing litigation.............................................................................................................................92 Anticipated exposure to litigation against the local agency ............................................................93 Anticipated initiation of litigation by the local agency......................................................................93 Real estate negotiations .................................................................................................................93 Public employment..........................................................................................................................94 Labor negotiations ..........................................................................................................................96 Labor negotiations — school and community college districts .......................................................96 Other Education Code Exceptions..................................................................................................97 Joint Powers Authorities .................................................................................................................97 License applicants with criminal records.........................................................................................97 Public security.................................................................................................................................97 Multijurisdictional law enforcement agency.....................................................................................98 Hospital peer review and trade secrets...........................................................................................98 Other legislative bases for closed session......................................................................................98 Who may attend closed sessions ...................................................................................................99 The confidentiality of closed session discussions...........................................................................99 REMEDIES ...................................................................................................................................104 Invalidation....................................................................................................................................104 Applicability to Past Actions ..........................................................................................................105 Civil action to prevent future violations .........................................................................................105 Costs and attorney’s fees .............................................................................................................106 Criminal complaints.......................................................................................................................106 Voluntary resolution ......................................................................................................................107 RESOLUTION 2021- 24...................................................................................................................110 RESOLUTION 2023-14....................................................................................................................112
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REVISIONS HISTORY.....................................................................................................................114 March 19, 2014 ................................................................................................................................114 October 2017 Reprint .......................................................................................................................114 May 2021 Revisions .........................................................................................................................114 June 2023 Revisions ........................................................................................................................115
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INTRODUCTION
The quality of life and public safety is a major interest of San Dimas residents and the City Council. Commissioners provide an invaluable service in achieving a comfortable and safe community. Your advice will be welcomed by the City Council, City Manager and the department director with which you are affiliated.
The Commission Handbook has been prepared to aid in orienting you to the functions and activities of the advisory position to which you have been appointed. The handbook is designed to contribute to your general knowledge and understanding of public affairs and to aid you in fulfilling your commission responsibilities.
A Commission, Board or standing Committee is established by ordinance or resolution to serve as an on-going advisory group to facilitate public input and citizen participation in the operations of the City. The City Council has the final decision-making authority on any issues dealing with service delivery and the expenditure of city funds.
Appointment to a Commission, Committee, or Board is a privilege and an honor which signifies the City Council’s confidence in your desire to participate and serve. It demonstrates the Council’s desire to have the benefit of your guidance and participation in the discussion of matters that impact the quality of life and operations of the City.
As a member of one of the City’s Commissions, Committees or Boards you will focus upon community needs that require your understanding, dedication, enthusiasm, vision, and experience.
As an advisor to the City Council, you must be continually aware that the decisions formed by that body, even after receiving and evaluating your recommendations, are not easily made. The Council has the ultimate political and legal responsibility for the conduct of local government and the welfare of the entire community. Yours is an important role in assisting the City Council to fulfill its obligations to our citizens.
Participation on a Commission or Committee can be a satisfying and challenging experience, as well as a responsibility. It provides an opportunity to become intimately aware of the operating policies and issues of municipal government in general, a specific departmental unit, and programmatic areas within the purview of your respective Commission, Committee, or Board. It personifies citizens’ participation in their community. It gives you an opportunity to play a vital role in the communication process between citizen and elected representatives.
A challenging and meaningful experience awaits you! Immediate satisfaction should come from the sense of a coordinated effort in sharing your thoughts and
PURPOSE OF COMMISSIONS
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insights with those of your fellow commissioners as you deal with a variety of conditions, issues, and situations in our City.
Even more rewarding, satisfaction will come as you learn more of the City operations, its responsibilities, and how to be an effective participant in your city government. It must be recognized that not all of the recommendations made by the advisory Commissions, Committees, or Boards will be accepted. Recommendations are generally advisory, and declining the Commission’s advice in a given situation does not imply lack of confidence or disinterest in the advisory bodies’ decisions. Those receiving the advice must weigh it against other information and considerations as they reach the decisions for which they are ultimately responsible.
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SECTION I
A. HISTORY OF SAN DIMAS
The City of San Dimas is a general law city incorporated on August 4, 1960, located approximately 30 miles east of Los Angeles. The city has a four-member City Council and Mayor elected by direct vote of the people. The City is approximately 15 square miles in area with a population of approximately 34,079. The City has a Council- Manager form of government.
San Dimas is a community whose historical roots go deep into the nineteenth century. The first Americans arriving in the locality presently known as San Dimas were a band of explorers headed by Jedediah Strong Smith who camped at a cienega, later called Mud Springs, in 1826. In 1837, two Spanish Dons, Ignacio Palomares and Ricardo Vejar, came into these vast semi-arid and wilderness pastures. Their immense land grant was christened Rancho San Jose and was range for great herds of cattle.
Outlaws operating from inaccessible haunts in a canyon often made raids on these cattle, and Palomares, expressing his anger, referred to the outlaws as Dismas, the repentant thief on the cross. The Don’s allusion suggested a name for the canyon – “San Dimas Canyon.” The City of San Dimas assumed its name from the canyon.
Since its incorporation in 1960, the thoughtful and steady growth of San Dimas has transformed the City from an essentially rural to a well-balanced community offering quality residential living with opportunities for commercial and industrial.
An abundance of recreational facilities, including the 2,500-acre Frank G. Bonelli recreational area which lies within city boundaries, popular San Dimas Canyon Park, and nine neighborhood parks are available to citizens of San Dimas. City services are provided on an economical yet highly efficient basis. In addition, the school district is effectively working on the dual challenges of providing first-class education today, while laying the foundations for tomorrow’s ever-increasing educational demands.
An impressive, state-of-the-art civic center houses all departments of city services, as well as providing meeting rooms for various community activities. The San Dimas Civic Center includes the City Hall, Stanley Plummer Community Building, the Senior Citizen/Community Center, and the Los Angeles County regional library. The expanded civic center includes a post office, Sheriff’s Station, Fire Station and City Maintenance Yard.
GENERAL INFORMATION ABOUT SAN DIMAS
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B. THE CITY’S MISSION STATEMENT
In December, 1986, the City Council adopted a Mission Statement which guides and directs the policies of the City Council and day-to-day operations of City employees.
The City of San Dimas is committed to excellence in the planning of the community with due consideration for the physical and social environment. The City Council and all city employees are committed to well-maintained facilities and to being responsive to the needs of residents by providing necessary programs.
The City recognizes that its function is to serve the San Dimas residents and businesses and to address their concerns in a cooperative and courteous manner. San Dimas acknowledges that the community has a character which is enhanced by the
preservation of its history, historical buildings, and terrain. The City serves as a resource giving all people a sense of belonging to the City through programs, organizations, and activities.
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SECTION II
A. CITY COUNCIL
The residents elect four of their fellow citizens to the City Council for overlapping four- year terms. The Mayor is directly elected for a two-year term. The Mayor presides at the City Council meetings and has one vote in the Council, the same as the other four members.
The City Council is the legislative body that makes all policy determinations for the City through the enactment of ordinances and resolutions. The City Council also adopts an annual budget to determine how the City will obtain and spend its funds; appoints all members to advisory boards and committees; the Mayor and Councilmembers represent the City on public and ceremonial occasions; and members carry out a great variety of other municipal responsibilities.
The City Council meets the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers. The Council meetings are broadcast live and re-broadcast on KWST, Channel 3. They are also available on KWST Video on Demand library, Live Streaming and On-Demand Internet Streaming.
B. CITY MANAGER
The City Manager is appointed by the City Council and is the chief administrative officer of the City. It is the City Manager’s responsibility to manage, direct, and coordinate the municipal services and business affairs of the City. The City Manager is responsible for the enforcement of all ordinances passed by the City Council and directs the various departments in the execution of Council policies. In order to keep the Council advised of the needs of the City, the City Manager makes or initiates studies on a multitude of issues and presents to the City Council alternative recommendations and solutions. The City Manager also is responsible for the preparation and presentation of the annual budget to the City Council for its review and adoption.
In accordance with Section 2.24.070D of the San Dimas Municipal Code, the City Manager, or their designee, is an ex officio non-voting member of all Commissions, Committees, or Boards created by the City Council or established by state law, with the right to participate in all deliberations or actions by such Commissions, Committees, or Boards.
C. CITY ATTORNEY
The City Attorney is appointed on a contract basis by the City Council. The City Attorney acts as legal advisor to the City Council, City Manager, the various City Departments and all City Commissions, Committees, and Boards. The City Attorney prepares and approves for legality all proposed city ordinances, resolutions, contracts, and other legal documents.
D. CITY CLERK
The City Clerk is appointed by the City Manager. The City Clerk administers the city- wide records management program and is responsible for the care and custody of all official records and documents of the City. Those records include all City and Agency deeds, contracts, leases, ordinances, resolutions, minutes, and the Municipal Code. The office publishes public notices and ordinances as required by law and assists staff and public in
GOVERNMENT AND STRUCTURE
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researching information. The City Clerk manages public inquiries and relationships and arranges for ceremonial and official functions.
The City Clerk is the local official who administers democratic processes such as elections, access to city records, and all legislative actions ensuring transparency to the public. The City Clerk and City Attorney act as the compliance officers for federal, state, and local statutes including the Political Reform Act, the Brown Act, and the Public Records Act.
E. ADMINISTRATIVE SERVICES DEPARTMENT & CITY TREASURER
Administrative Services includes Finance, Budget, Accounting, Human Resources, Information Technology, Franchise and Contract Management, Risk Management, Overnight Parking, Transportation, and Economic Development.
The City Treasurer is responsible for managing the City’s financial resources.
F. DEPARTMENT OF COMMUNITY DEVELOPMENT AND DEVELOPMENT
SERVICES
The Community Development Services Department includes: Planning, Building, Housing and Safety and Code Enforcement. The Planning Division is responsible for long-term planning of the community, development review, subdivision review, and environmental review. The City Engineer provides civil engineering services for the City, such as reviewing proposed construction, drainage, and setting standards for infrastructure (e.g. streets and storm drains).
The Building & Safety Division is responsible for administering and enforcing the Uniform Building Codes and the construction section of the San Dimas Municipal Code to ensure minimum standards to protect life and property through plan checks, permit issuance, and inspection. The goal of the City’s Code Enforcement program is to promote and maintain a quality living environment for residents. Housing administers programs and services related to the mobile home park, senior housing, and other federal, state or local community development and housing programs. City Codes are developed to promote the health, safety, and welfare of the public. The department also is involved in special projects, such as open space preservation.
G. DEPARTMENT OF PUBLIC WORKS
The Department of Public Works is responsible for administering the City’s Public Works program and providing engineering functions. The Department is divided into two divisions:
Engineering and Maintenance.
The Engineering Division is primarily responsible for the design, preparation and checking of plans for all facilities within streets’ rights-of-way, including those within private developments, and City-owned property. The Division prepares necessary plans, designs and specifications involving streets, storm drains, sewers, parks, and parkways.
The Maintenance Division maintains the cleanliness of all public streets, alleys, and storm drains, and is responsible for the maintenance and repair of City streets, sidewalks, curbs, and gutters. The Division is also responsible for the upkeep of City vehicles and equipment.
H. DEPARTMENT OF PARKS AND RECREATION
The Department is comprised of three divisions: Recreation Services, Landscape Maintenance (includes the Community Forest), and Facilities Maintenance.
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The Recreation Services activities include recreation classes for adults and children, adult and youth sports programs, teen and senior citizen programs, special events, and excursions. The City’s Swim and Racquet Club is the responsibility of this department, as is scheduling of the Sports Plex, a major athletic facility located at San Dimas High School.
The Facilities Maintenance Division cares for all city buildings, including routine custodial care and preventative maintenance as well as the scheduling and reservation of public rooms.
The Landscape Maintenance Division is responsible for the upkeep of all City parks, trees, parkways, medians, and grounds landscaping.
I. PUBLIC SAFETY
Law enforcement services are provided to the City of San Dimas by contract service with the Los Angeles County Sheriff’s Department. As a part of that service, the Sheriff’s Department maintains a station here in San Dimas located at 270 S. Walnut Avenue. Law enforcement services provide patrol operations, special assignment deputies, traffic enforcement, crime prevention activities, helicopter service, investigations, and jail operations. Additionally, the City has deployed Flock license plate reading cameras to leverage technology in protecting the community.
Fire services in the City of San Dimas are provided by the Los Angeles County Fire Department through its Fire District with dedicated property tax assessment. The Department provides full fire protection services including air and wildland fire support, emergency medical, and fire prevention. The Department also has countywide resources that may be called upon if needed.
Regional emergency planning and operations are performed by a regional arrangement with Area D Disaster Management. Area D provides coordination, training, and response assistance before, during, and after an emergency event or disaster. The City also created a Community Emergency Response Team with formal recognition as disaster service workers to support City efforts to prepare and respond to emergencies. The City maintains a Safety Element within its General Plan which supports the organization of residents to prepare for disasters.
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SECTION III
The City highly values the input and participation of its community members serving on a Commission, Committee, and Board, and it is beneficial to provide actionable input to the City Council and City staff. To this end, the scope of each Commission, Committee, and Board will be interpreted broadly, and the input, perspective, and recommendations of each Commission, Committee, and Board should be weighed and considered by the City Council and City staff.
The City Council is assisted by seven citizen advisory commissions, committees, and boards. These bodies are charged with the following responsibilities:
• Advise the City Council and City Manager on matters within their area of responsibility and interest, as prescribed by the City Council and its ordinances and resolutions. • Help focus attention on specific issues and concerns within their scope of responsibilities and recommend actions and alternatives for Council consideration.
• Act as channels of communication and information between City government, the general public, and interest groups.
• Consider a variety of viewpoints and determine a consensus to provide direction toward achievement of citywide goals and objectives.
• Encourage broad citizen participation in the definition and formulation of City goals and actions for their achievements.
Each Commission shall have a nonvoting position for any interested student applicant who is a resident in the City of San Dimas starting at age 16 but under the age of 21.
They will serve one-year term increments from date of appointment and will be selected by City Staff in collaboration with the local schools.
The Commissions, Committees, and Boards and their meeting schedules are as follows:
A. DEVELOPMENT PLAN REVIEW BOARD
The Development Plan Review Board (DPRB) reviews applications for site design, makes recommendations to the Planning Commission regarding the approval or disapproval of architectural elevation and conceptual landscaping plans for development projects and approves final working drawings consisting of site plans, elevations and various architectural drawings, and suggests modifications or imposes conditions in accordance with the standards set forth in the City’s Municipal Code (Title 18 beginning at Section 18.12.020). The Code charges the DPRB with ensuring that development preserves the character and natural beauty of the City and complies with the requirements of the Municipal Code and the General Plan.
DPRB also functions as the License and Permit Hearing Board of the City and has the power to grant all permits required by Chapters 5.28, 5.32, 5.36 and 5.68 of the Municipal Code and to revoke or suspend any permit or license granted by DPRB.
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The DPRB includes four public members, including one Planning Commissioner, one member appointed by the Chamber of Commerce and two members appointed by the City Council. The other members of the Board are the City Manager, Director of Community Development and Director of Public Works or their designees. The staff liaison to the DPRB is the Senior Planner.
B. EQUESTRIAN COMMISSION
The Commission shall review and make recommendations to the City Council concerning issues that impact the equestrian community; reviews the City’s equestrian trail system and recommends improvements and new trails.
The Commission meets on the first Tuesday of odd months, at 6:00 p.m. in the Council Chambers Conference Room.
The Commission shall consist of five members who will be appointed to two-year terms with a maximum length of service of two full consecutive terms. The staff liaison to the Commission is the Director of Parks and Recreation.
C. PARKS AND RECREATION COMMISSION
The Commission reviews plans and programs relating to existing and new parks; and makes recommendations to the City Council regarding the development of recreation activities within the community.
Commission meetings are held on the third Tuesday of odd months, at 6:00 p.m., in the Senior Citizen/Community Center meeting room.
The Commission consists of five members, all of whom, will be appointed to two-year terms with a maximum length of service of two full consecutive terms. The staff liaison to the Commission is the Director of Parks and Recreation.
D. PLANNING COMMISSION
The Planning Commission participates in the administration of the zoning laws and policies of the City. The Commission makes recommendations to the City Council regarding land use, zoning; reviews proposed development projects, and advises as to the overall development and maintenance of the General Plan of the City. The Commission also conducts necessary public hearings to administer the planning laws and policies of the City and acts on applications for zoning amendments, conditional use permits, variances, subdivisions, and other related functions as may be assigned by the Council.
The Commission’s powers and duties are specifically enumerated in State planning law (Government Code Section 61500 et seq.) and in the City’s Municipal Code (Section 2.40).
There are five members of the Planning Commission who serve two-year terms with no maximum length of service. The regular public meetings of the Planning Commission are held the first and third Tuesdays at 7:00 p.m. in the Council Chambers. The staff liaison to the Commission is the Director of Community Development.
E. PUBLIC SAFETY COMMISSION
The Commission receives presentations and updates on a variety of public safety topics offering their observations and thoughts; enlists and represents the community interest to
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support the work of law enforcement, crime prevention, and other public safety issues.
The Commission generally meets the third Tuesday of odd months, at 5:30 p.m. in the Council Chambers Conference Room.
The Commission is composed of five members appointed by the City Council and two members that serve as members of the San Dimas Sheriff’s Station Civilian Advisory Board.
Commissioners are appointed to two-year terms with a maximum length of service of two full consecutive terms with the exception of appointees from the Civilian Advisory Board who serve at the discretion of the San Dimas station Captain. The staff liaison to the Commission is the City Manager or designee.
F. SENIOR CITIZENS ADVISORY COMMISSION
The Commission shall review plans and programs for all activities relating to senior citizens; and make recommendations to the City Council on appropriate policies and programs to involve and to benefit senior citizens throughout the community.
The Commission meets the first Thursday of odd months of the year, at 6:00 p.m. in the Senior Citizen/Community Center meeting room.
The Commission shall consist of five members who shall be appointed to two-year terms with a maximum length of service of two full consecutive terms. The staff liaison to the Commission is the Director of Parks and Recreation.
G. GOLF COURSE ADVISORY COMMITTEE
The Committee receives presentations and updates regarding the operations of the San Dimas Canyon Golf Course. They may make recommendations to the City Council regarding the operation of the Golf Course and Clubhouse and coordinate with the lessee responses to customer complaints regarding the maintenance, condition, and operation of the golf course, as needed.
The Committee consists of three members of the Recreational Facilities Authority; two representing the City of San Dimas and one representing the City of La Verne and two public members appointed by the San Dimas City Council. At their discretion, the cities may appoint an elected official or public member to serve as an alternate.
The two public members of the Committee shall be eligible to serve two consecutive two-year terms, with reappointment to be confirmed by Council at the conclusion of each term.
The Committee meets quarterly, at the San Dimas Canyon Golf Course on the third Thursday of January, April, July and October at 7:30 a.m. The staff liaisons to the Committee are the City Manager and the Director of Parks and Recreation.
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SECTION IV
A. NOMINATIONS AND APPOINTMENTS
Applications for commission, committee, and board appointments must be submitted to the City Clerk’s office on the form established by the City Clerk. A separate application is required for each body to which the applicant is seeking appointment. Applications are maintained by the City Clerk’s office in an active status for the calendar year in which they were submitted and the following calendar year if the application was received after November 1st, after which time they become inactive and new applications must be submitted if the applicant still wishes to be considered for appointment.
Effective upon approval of this Handbook and expiring with the 2026 Election Cycle a Zero Term Policy will be in place. Additionally, appointments for new Commissioners shall be six months from the date of certification and swearing in of the newly elected Councilmember on the 2nd Tuesday of that month, except for special elections and special circumstances. on September 1, 2023, all commission, committee, and Board appointments will end on August 31, 2023.
Election
Swearing
In
Seats 1 and 3
Zero Term Term 1 Term 2
April
2024
April 2024 –
October
2024(2nd Tuesday)
October 2024 –
October 2026
(2nd Tuesday)
October 2026 –
October 2028
(2nd Tuesday)
Election
Swearing
In
Seats 2 and 4 and
Mayor
Zero Term Term 1 Term 2
July
2026
July 2026 –
December
2026(2nd Tuesday)
January 2027-
January 2029
(2nd Tuesday)
January 2031 –
January
2033(2nd Tuesday)
All Commission, Committee, and Board appointments will be determined by a process identified by the City Council and provided as follows:
1. For a commission, committee, and board whose membership includes five City Council appointed positions (Equestrian, Parks and Recreation, Planning, Public Safety, and Senior Citizen commissions), each member of the Council shall nominate an individual for appointment to each respective commission, committee, and board. a. All appointments will be made at the 2nd City Council meeting in August, with a September 1st, effective date.
b. Applications will be submitted by potential appointees in the manner established in Section IV.A of this Handbook and the City Clerk.
c. Applications will be listed in a City Council agenda packet as a nominated and to be appointed applicant. Applicants vital information will be redacted. d. Each respective City Councilmember making such a nomination will interview the
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applicant prior to consideration.
e. All appointments listed on a City Council agenda will be considered as one action and not separated. In the case a member of the City Council desires to remove an individual from appointment consideration, a member will motion for removal, second, and affirmative vote of the City Council with no less than three (3) votes. If Council rejects a Councilmember’s 1st nomination to a commission, committee, or board, a 4/5ths vote is needed to reject the second nomination or any subsequent nominations of such Councilmember’s appointment.
f. For administrative purposes tracking will be done by term and not the date of appointment.
2. For all other commissions, committees, and boards whose membership does not include five City Council appointed positions (DPRB, Golf Course Advisory, or other commission, committee, and board not listed), each appointment shall be set as follows:
a. All appointments will be made at the 2nd City Council meeting in August with a September 1st effective date.
b. Applications will be submitted by potential appointees in the manner established in Section IV.A of this Handbook and the City Clerk.
c. The Mayor will interview each candidate and make a recommendation to the City Council for consideration for appointment, the application will be listed on a City Council agenda as a nominated and to be appointed applicant, and the recommendation will be presented to the City Council. Applicants vital information will be redacted.
d. All appointments listed on a City Council agenda will be considered as one action and not separated. In the case a member of the City Council desires to remove an individual from appointment consideration, a member will motion for removal, second, and affirmative vote of the City Council with no less than three (3) votes.
When a vacancy occurs, a notice shall be published and applications solicited. If the number of applicants does not exceed the number of commissions, board or committee vacancies, the application deadline may be extended. After completing interviews of the applicants, the City may choose to extend and continue the recruitment process. An applicant is appointed to fill that vacancy by the affirmative vote of the majority of the City Council. Appointments to newly created advisory bodies are made in the same manner.
It should be noted that appointment to some City commissions, committees, or boards is recognition of expertise and interest in a specific area as well as an honor bestowed upon a citizen. Members of an advisory body serve at the pleasure of the City Council and may be removed from their appointment at the Council’s sole discretion. All appointees must be registered to vote in the City of San Dimas, or in their City of residence if the applicant is appointed to a body that accepts non-San Dimas appointees.
Pursuant to policy approved in 2001, any members of a Commission as specified in Section IV.A.1, cannot concurrently serve on two or more commissions. Members of a commission may serve on another committee or board as determined by the City Council.
B. TERM OF OFFICE
With the exception of the Planning Commission and Development Plan Review Board, candidates are appointed to a term of two years and can serve a maximum of two terms or as otherwise specified under Section III. After serving two consecutive terms, Commission, Committee, or Board members must wait one year before being eligible to reapply for service on the same commission, committee, or board. If they serve one year or longer of an
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unexpired term, it is considered a term and therefore, are eligible to serve one additional term.
Planning Commissioners are appointed to two-year terms; however, there are no limits to the number of terms that members may serve.
Development Plan Review Board members are also appointed to two-year terms; however, there are no limits to the number of terms that members may serve.
The City Clerk shall notify the City Council of expiring terms of office for any member presently serving on a Commission, Board or Committee. Upon receipt and review, the City Council may reappoint an eligible member; fill the vacancy from an existing list of active applications; or direct the City Clerk to advertise the vacancy.
C. APPOINTMENT OR ELIGIBILITY OF FORMER EMPLOYEES
To be eligible to serve on a Commission, Committee, or Board, former employees must wait one year after being discharged from regular or part time City service.
D. APPOINTMENT OF EMPLOYEE’S RELATIVE
It shall be the Commission, Committee, or Board applicant’s responsibility to disclose any relation to a current city employee. Employed relative is defined as a relation to either the applicant or the applicant’s spouse as follows:
Relative of Commissioner Relative of Spouse
Spouse Brother
Brother Sister
Sister Parent or Step Parent
Brother’s spouse Grandparent
Sister’s spouse Child or stepchild
Grandparent
Child or stepchild
Child or stepchild’s spouse
Parent or Step Parent
Furthermore, an appointed Commission, Committee, or Board member shall agree to abstain from any discussion or recommendation on matters that may directly or indirectly benefit, influence, or affect their employee relative. Commission, Committee, or Board member shall not become involved in any way to seek influence on behalf of the employee relative or become involved in any way with the supervision or work performance of the relative employee. Failure to follow these requirements and guidelines may lead to the member being released from their appointment.
E. APPOINTMENT OF RELATIVES OF CITY COUNCIL OR CITY MANAGER No relative of a member of the City Council or of the City Manager shall be appointed to or serve on any Commission, Committee or Board. If any such relationship arises, the Relative’s seat is immediately vacated. “Relative” shall be defined as a City Councilmember’s or City Manager’s:
- Spouse
- Sibling
- Child or Stepchild
- Child’s spouse
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- Brother’s Spouse/Sister’s Spouse
- Stepparent/Parent-in-law
- Grandparent/ Spouse’s grandparent
- Grandchild
- Cousin
- Uncle or Aunt
- Nephew or Niece
F. SEEKING PERSONAL INTEREST OR BENEFIT
A Commission, Committee, or Board member shall not seek any personal interest or benefit from their participation or service. They must abstain from any discussion or recommendation on matters that may directly or indirectly benefit themselves, their local business, or the interest of any family member, friend or associate. Members are not to seek influence of other commissioners, committee members, board members or the city staff to obtain any personal interest or benefit for themselves, family, friends or associates. Failure to follow these requirements and guidelines may lead to the member being released from their appointment.
G. RESIGNATION AND REMOVAL
If an appointee resigns from office before the end of the term, a letter announcing the resignation shall be forwarded through the City Clerk to the Mayor. Copies will be forwarded to the City Council, the City Manager, and the commission, committee or board secretary.
The City Council may remove any member of a commission, committee, or board with a vote of three (3) City Councilmembers.
H. ATTENDANCE
It should be emphasized that regular attendance at meetings is critical to the effective operation of any commission, committee or board. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. As a result, a member may be removed when absent from two meetings in a rolling year or when a pattern of repeated absences becomes apparent except in the case of illness or excused absences by prior permission of the commission, committee or board. Any removal is subject to ratification of the City Council. Nothing herein shall limit the City Council’s sole discretion to remove any member of any commission, committee, or board at any time for any reason pursuant to Paragraph G.
An attendance report will be prepared and submitted by the City Clerk’s Office quarterly to City Council. Three unexcused absences results in the automatic removal of a commissioner, committee member, or board member and starts the recruitment process by the Councilmember who nominated such member.
I. BENEFITS
Planning Commissioners shall receive a $50 per meeting stipend. No other Commissioners and Committee Members receive any monetary stipend.
J. INCIDENTAL EXPENSES
Any commission, committee, or board member who is required to travel in the performance of his or her duties, attend an authorized meeting or conference which is of benefit to the City shall
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be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals pursuant to the City’s Travel Reimbursement Policy and has been pre-approved through the budget process. It should be noted that spouses will not be covered for any such expenses.
In the event that a member purchases an item(s), with prior approval from city staff, for the benefit of that commission, committee, or board, or for a City-sponsored activity or event, a receipt for that item(s) must be submitted before the member may be reimbursed. All reimbursement requests must be pre-approved by the senior staff member assigned to the commission, committee or board.
Officials should recognize that some expenditures may be subject to reporting under the Political Reform Act and/or other laws, or may be prohibited altogether. All city expenditures are public records subject to disclosure under the Public Records Act.
Planning Commissioners are required to file Form 700-Statement of Economic Interests (GC § 87200)
K. ETHICS AND OTHER TRAINING
In order to meet the requirements of California state law (AB 1234), the City Council and Planning Commissioners, as well as all appointed advisory members of any body of the City that is subject to the provisions of the Ralph M. Brown Act (“Open meeting law”) shall be required to receive no less than two hours of training in general ethics principles and ethics law at least once every two years, (or as frequently as the law may subsequently be amended to provide.) Newly appointed advisory members should complete the required ethics training within the first six months of appointment. Officials shall submit copies of their certification to the City Clerk within thirty (30) days of completion of the curriculum.
AB 1234, now California Government Code Section 53234 ,was signed into law on October 7, 2005. This law requires, among other things, that all local agencies that provide compensation, salary, or a stipend to, or reimburses the expenses, of members of a legislative body must provide Ethics Training to local agency officials by January 1, 2007, and every two years thereafter. The Council has determined such training shall be extended to and include all employees and members of advisory bodies, such as boards, commissions, and task forces.
Assembly Bill 1661, now California Government Code Section 53237, was signed into law on September 29, 2016. This law requires local agency officials to receive sexual harassment prevention training and education if the local agency provides any type of compensation to those officials, to be completed within the first year of appointment. The law also requires an entity that develops curricula to satisfy this requirement to consult with the city attorney regarding its sufficiency and accuracy.
The City Council and Planning Commissioners, as well as all appointed advisory members of any body of the City will also be required to participate in training on Rosenberg’s Rules of Order, and Sexual Harassment within the first year of appointment.
Live training sessions are offered throughout the year and self-study courses are available through League of California Cities and the Fair Political Practices Commission at www.cacities.org and Local Officials Training Course. Follow the directions below:
➢ Click on the Institute for Local Government tab at the top
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➢ Then select Ethics, Ethics Laws, and
➢ Click the self-study link on that page.
In addition, other training material and/or classes are available through the City Clerk’s Office. If you have questions whether or not to attend an Ethics Training session, Rosenberg’s Rules or Order, and/or Sexual Harassment training, please consult with your City staff liaison or City Clerk.
If you have questions whether or not to attend an Ethics Training session, please consult with your City staff liaison or City Clerk.
L. ROSENBERG’S RULES
Each commission, committee, and board will use Rosenberg’s Rules to perform their meetings efficiently and effectively. Staff liaisons will advise their respective commission, committee, and boards on the appropriate meeting rules.
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SECTION V
A. REGULAR MEETINGS (California Government Code § 54954) The commissions, committees, and boards will have an established meeting schedule for each year. Such meetings are considered regular meetings.
If it is known in advance that a quorum cannot be achieved, consideration should be taken to notify all members and persons interested in the business before the body. A notice must be posted by the secretary advising the public that the meeting has been canceled due to a lack of quorum.
If it is known in advance that there is a lack of business for the commission, committee, or board to address, a regularly scheduled meeting may be canceled. A notice shall be posted by the secretary within 24 hours of the cancellation, informing the public that the next regularly scheduled meeting has been canceled due to a lack of business.
B. ADJOURNED MEETINGS (GC § 54955)
If for any reason the business to be considered at the regular meeting cannot be completed, the body may then adjourn to a specified time and location. A notice announcing the adjournment must be posted in the standard location within 24 hours of the adjournment. This type of meeting is referred to as an adjourned meeting.
C. SPECIAL MEETINGS (GC § 54956)
Special meetings are those called by the advisory body in order to discuss an important issue that needs to be addressed outside of the regular meeting date and time by delivering personal notice to each member and to the public press and posted in City Hall at least 24 hours in advance of such special meeting. A special meeting may be called by 1) the Chair and Staff Liaison or 2) by concurrence of a majority of the board, commission or committee membership.
D. QUORUM
A quorum consists of a majority of the members of the seats on the commission at a meeting.
A quorum is required to conduct business at any meeting, whether or not it is a regular, adjourned, or special meeting. The Staff liaison or Chair should be notified if a member knows in advance that he or she will be absent.
E. RALPH M. BROWN ACT (GC § 54950 et seq)
The Brown Act is a state law enacted in 1953 that requires all local government business to be conducted in open and public meetings, with the exception of a limited number of defined subjects that may be discussed in a closed session of a local government body. Those exceptions to open and public meetings include, but are not limited to, discussions of personnel matters, pending, proposed or anticipated litigation with the City Attorney where open discussion would be detrimental to the City’s interest.
OPERATING PROCEDURES
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The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of democratic process by secret legislation by public bodies.
The Brown Act applies to the legislative body including, but not limited to the City Council, Commission, Committee, or Directors, and shall include any board, commission, committee or other body on which officers of a local agency serve in their official capacity as members. It includes, but is not limited to, the Planning Commission, Equestrian Commission, Parks and Recreation Commission, Public Safety Commission, Senior Citizens Commission, Development Plan Review Board, Golf Course Advisory Committee, Oversight Board, and other ad-hoc or permanent boards or commissions of a local agency.
The Commission shall provide for the conduct of business by the Commission, the time and place for holding regular or adjourned meetings, and a brief description of each topic to be discussed. The agenda for the meeting must be posted in a public place in public view a minimum of 72 hours before a regular meeting and 24 hours prior to a special meeting.
Furthermore, no discussion or action may be taken on those items which are not listed on the meeting agenda. No action may be taken on an item at any meeting without a quorum.
The Brown Act expressly prohibits serial meetings. Typically, a serial meeting is a series of communications, each of which involve less than a quorum of the legislative body, but which taken as a whole involves a majority of the body’s members. This would also include situations in which technological devices are used to connect people at the same time. Commissioners, Committee Members, and Board Members are also required to disclose any communication they have had regarding an agenda item.
Minutes of the proceedings must be taken to be entered into the public record.
F. FORMAL PUBLIC HEARING
A formal public hearing is one that must be conducted according to state laws or City ordinances and is designed to solicit comment from the general public.
An official Notice of Public Hearing will be published in a local paper of general circulation.
G. HEARING PROCEDURES
Hearings held by an advisory body should be fair and impartial. If a member is biased or has a personal interest in the outcome of the hearing, that member should disqualify himself/herself and not participate.
Persons and/or groups who may be affected by the subject of the hearing should be given sufficient notice of the time and place of the hearing and a reasonable opportunity to be heard.
They may be represented by counsel and be permitted to present oral and documentary evidence. They should also be permitted to rebut any statements made by others.
At the appropriate time, the chair should open the hearing and explain to the audience the hearing procedures. If there are numerous persons who would like to participate, and all represent the same views and opinions, the chair may ask that a spokesperson be selected to speak for the group. If this arrangement cannot be made, the chair may restrict each speaker to a limited time (generally three minutes) so all may be heard. Irrelevant and off-the-subject comments should be ruled out of order by the chair.
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The usual procedure after the hearing has been opened is for staff to present the staff report, followed by commissioners’ questions relating to the report. Proponents should be given the opportunity to present their case first. This is followed by an opportunity for opponents to present their case. The proponents then have an opportunity to offer a rebuttal to arguments against their case.
After all interested persons have had an opportunity to speak the hearing is closed, ending audience participation. Commission, committee or board members may discuss the proposal and take an action on the proposal.
A summary of the hearing proceedings is prepared by staff and forwarded to the City Council for their information. In certain instances, recommendations made to the City Council should be in the form of a resolution (i.e. Planning Commission recommendations for zone changes.) H. MOTIONS
When a member wishes to propose an idea for the body to consider, the member must make a motion. This is the only way an idea or proposal from a member may be presented to the body for discussion and possible action. A motion goes through the following steps:
1. The member asks to be recognized by the Chair.
2. After being recognized, the member makes the motion (I move…)
3. Another member seconds the motion.
4. The Chair states the motion and asks for discussion.
5. When the Chair feels there has been sufficient discussion, the debate is closed (i.e. “Are you ready for the question?” or “Is there any further discussion?”).
6. If no one asks for permission to speak, the Chair puts the question to vote.
7. After the vote, the Chair announces the decision (“The motion is carried” or “The motion fails,” as the case may be.)
Phrasing a motion is often difficult and corrections may be necessary before it is acted upon.
Until the Chair states the motion (Step 4) the member making the motion may rephrase or withdraw it. After an amendment, the amended motion must be seconded and then voted upon.
It is particularly important when a motion is amended that the Chair restates the motion in order that members are clear as to what they are voting on.
In making a motion, members should try to avoid including more than one proposal in the same motion. This is especially important when members are likely to disagree. If a member would prefer to see proposals divided and voted upon separately, the member should ask the Chair to divide the motion. If other members do not object, the Chair may proceed to treat each proposal as a distinct motion to be acted upon separately. The request to divide may also be made by motion.
I. ADJOURNMENT
When a commission, committee, or board has finished its business, a motion to adjourn is in order. This motion is not debatable; therefore, it is the duty of the Chair to see that no important
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business is overlooked.
If the body wishes to meet before the next regularly scheduled meeting, a motion may be made to adjourn the meeting to a designated time and place. If this is done, a notice of the adjourned meeting must be posted on the door of the regular meeting place within 24 hours after the time of adjournment.
J. AGENDA
Any item that a member wishes to include on a future agenda must first be agreed upon by two members of that commission, committee, or board. Requester should provide sufficient detail to determine the nature of the topic to be discussed. Staff may add more detail as reasonable to inform discussions. Nothing shall restrict the Chair and Staff liaison from adding items to the agenda as appropriate to execute the commission, committee, or board’s charge.
In accordance with the Ralph M. Brown Act, no action may be taken on an item that has not been placed on the noticed agenda, except when it has been determined by majority vote that the matter in question constitutes an emergency (GC 54956.5) or there is a need for immediate action which cannot reasonably wait for the next regularly scheduled meeting (GC 54954.2(b) (2)). And that the need to act arose subsequent to the agenda being posted.
K. MINUTES
The staff liaison is responsible for the preparation of minutes of all commission meetings.
Written minutes, upon approval by the commission, committee, or board constitute the official record of the actions taken and a summary of the important topics raised in the discussion.
Additions and corrections of the minutes may be made only in public meetings, with the approval of the body, and not by the private request of individual members, except for clerical errors.
Minutes are not deemed official until approved by the Commission.
It is the policy of the City Council that minutes are not verbatim. They are, instead, action minutes, recording the essence of the decisions made and significant action taken.
For the convenience of the recording secretaries, meetings may be recorded in order to facilitate the preparation of minutes. However, any recordings of meetings do not become part of official city records and can be destroyed at any time if the purpose for which it was made and retained was solely to facilitate the preparation of the minutes of the meeting.
Minutes of all meetings are to be forwarded to the City Council and the City Clerk after approval by the Commission.
L. AGENDA PACKETS
Agenda packets detailing the items of business to be discussed and any communications to be presented generally will be prepared by staff and delivered to the members of the body within a reasonable amount of time before the meeting, but no later than 72 hours prior to the meeting.
In order to be prepared for meetings, members should read these packets and contact the Chair or staff if there are any questions regarding information presented in the staff reports.
M. POLITICAL REFORM ACT
The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interests of persons who have supported them.
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The Political Reform Act establishes regulations regarding Conflicts of Interests and Campaign Receipts and Expenditures.(Gov. Code Sections 87100-87350) In accordance with State law, City Officials, Planning Commissioners, and employees are required to annually disclose all financial interests that may be affected by decisions made in their official capacity, including investments, real property and income.
Disclosure is made by filing Conflict of Interest statements with the Fair Political Practices Commission upon assuming office, on an annual basis, and when leaving office. Filed forms are public documents and must be made available upon request. (Gov. Code Section 81002(c))
Planning Commissioners must also disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Council Member, Planning Commissioner, or certain family members.
N. CITY OF SAN DIMAS MUNICIPAL CODE
The Municipal Code consists of codified ordinances, as well as the Zoning Code that define the regulations and laws that help guide how the city operates and functions. The purpose of the code is to make laws accessible and provide documentation of past legislation. It is available on the City’s website at www.sandimasca.gov and a copy in the Office of the City Clerk.
O. AREA OF INTEREST
When a commission, committee, or board is established by the City Council, the specific duties of that body are set forth in the ordinance or resolution that creates it. It is implicitly understood that the advisory body is limited to the consideration of those matters which are specifically assigned to its jurisdiction. In special or unusual circumstances, when interest spreads into an area beyond its jurisdiction, the commission, committee, or board should formally request specific authorization from the City Council to consider the matter and to formulate recommendations in that area. In some cases, the Council will call a joint meeting or study session with a commission or committee to explore an issue or issues in depth.
P. SUB-COMMITTEES
• In certain instances, a commission, committee, or board may determine that it is necessary to form a sub-committee to study a particular matter relating to that body in some detail.
• A sub-committee may be formed by a majority vote of the commission, committee, or board members taken at a regular meeting but may not be comprised of a majority of the members.
• Appointments to the sub-committee are made by the consensus of the commission, committee, or board.
• A sub-committee is a temporary committee which will last no longer than six months. • After the completion of the particular study and presentation of recommendation to the commission, committee, or board, the sub-committee should be disbanded.
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Q. ROLE OF CHAIR
It is incumbent upon the Chair of the commission, committee, or board to ascertain the responsibility of his/her advisory body and to limit the discussion and deliberation to appropriately assigned areas of responsibility.
The Chair exists to encourage the input of ideas, to guide discussions in a logical and orderly fashion, and to overall facilitate the decision-making process. He or she should clarify ideas as they are discussed and repeat motions made in order that all members fully understand the wording of the item on which they are voting.
The Chair and the staff may be in contact prior to each regularly scheduled meeting in order to coordinate activity pertaining to items pending before the commission, committee or board.
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SECTION VI
A. INTERACTION WITH STAFF
The City’s staff works for and is responsible to the City Manager and it is therefore the City Manager’s responsibility to allocate staff’s time and efforts. Commissioners, committee members, or board members should not attempt to direct or decide the priority of work for the department or the individual staff person. These bodies should, however, set priorities for their own agendas in order that staff may best use the time available for commission, committee, or board business. The Commission, committee, or board may request information or research on a matter from City staff that either does not result in more than roughly an hour of staff time or in the case more time is required, is weighed by the appropriate department head against priorities, workload, and fit with the recommendations or actions City staff are considering for City Council. At any time, the City Manager or department head may bring a commission, committee or board request to the City Council for review and consideration.
In contacting city personnel on official business, the proper channel is through the staff liaison assigned to the commission, committee, or board.
It is not expected that every staff recommendation will be followed; but, based on the technical knowledge of staff personnel, consideration should be given to their proposals and recommendations. The commission, committee, or board may choose to agree or disagree with a staff recommendation. In the latter case, staff has the option of including his/her recommendations in the staff report to the City Council. Any differences in opinion will be discussed at the Council meeting.
The City Council expects that a mutually respectful and professional relationship is maintained between the staff personnel and the commission, committee, or board. The effectiveness of an advisory body is hampered by internal tension and personality conflicts. In the event a conflict does arise between an individual member and the staff, the member should approach the chair who will, in turn, try to mediate the conflict. If the problem cannot be solved at the lowest level, the Chair will approach the head of the department to which that commission, committee, or board is related. As a last resort the matter will be brought to the attention of the City Manager.
However, it should be emphasized that every effort should be made to maintain a respectful and professional relationship with staff in order to facilitate and enhance the body’s operation and effectiveness.
A City body is comprised of a diverse group of people and it is inevitable that not everyone will agree on an issue all of the time. However, all efforts should be made to maintain amicable relations among the individual members. Personality conflicts only hamper an organization’s effectiveness. Nevertheless, in the event that a personality conflict does arise between individual members, it is the chair’s responsibility to try to mediate and resolve the problem. If the conflict cannot be resolved, the chair should approach the staff liaison to the commission, committee or board.
RELATIONSHIPS
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B. INTERACTION WITH CITY COUNCIL
The primary responsibility of commissions, committees, and boards is to advise and make recommendations to the City Council. It is the Council’s role to absorb the advice and recommendations offered by numerous sources and to make decisions to the best of its ability. Because the City Council is in such a position to see the broader context and is aware of other concerns, it may not always follow the recommendation offered by individual commission, committees, and boards.
Although there may be disagreement with the City Council on an issue, once the Council has established its position, the commission, committee, or board, or individual members should not do anything contrary to the established policies and programs adopted by the City Council.
Business transacted with the Council should be in writing from the body as a whole and forwarded through staff who will then forward it to the City Manager’s office. The City Manager will review all reports, findings, and recommendations and forward to the Council those matters within its province.
When a member of an advisory body addresses the City Council at a public meeting, it should be made clear whether he/she is speaking on behalf of the advisory body or as an individual citizen. Either the Chair or another member appointed by the commission, committee, or board to represent the body shall speak on behalf of the body to the City Council. Each Commission will be responsible to present an update to the City Council at a regular scheduled City Council Meeting on an annual basis.
Commissions, committees, and boards and their individual members should not attempt to predict Council action, either publicly or privately. However, they may and should interpret Council policies or identify trends in Council thinking.
C. INTERACTION WITH THE PUBLIC
Members are encouraged to become aware of public opinion relating to their field of influence. They should welcome citizen input at meetings and ensure that the rules and procedures for these public meetings are clearly understood.
Members should conduct themselves at public meetings in a manner that is fair, understanding, and gracious. Members should be considerate of all interests, attitudes, and differences of opinion. They should also take care to observe the appearance as well as the principle of impartiality.
Members should not accept gifts from applicants or other persons concerned with matters which have been or might come before the commission, committee, or board.
Board members, Commissioners, and Committee members should always remember their public or private statements, including in the news media or on social media, may be perceived as representing the City or as being made on behalf of the City, or may be perceived as representing official City policy.
Board members, Commissioners, and Committee members should take care not to state or imply that their views, expressions of opinion, or other statements are an official policy,
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statement, position, or communication of the City or represent the views of the City or any City officer, employee, board, commission, or committee, unless specific permission has been given to the Board member, Commissioner, or Committee member by the City Council or the City Manager to speak on behalf of the City.
Board members, commissioners, and committee members should explicitly clarify that their statements are their sole positions and views, and not representing the City, boards, commissions, or committees when such statements could reasonably be interpreted to be official policy, statement, position, or communication.
In respect to matters before a board, commission, or committee, such body may appoint a member of the body to represent its position to the City Council or on behalf of the board, commission, or committee, but such representation shall not conflict or imply that the position is a position of official policy, statement, position or communication of the City unless such was approved by the City Council.
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SECTION VII
Organized groups exist to complete certain tasks and to achieve certain agreed upon purposes and goals. A commission, committee, or board is a set of individuals held together by a web of inter-relationships and feelings. Members have feelings about themselves, about the group and the group’s tasks.
The nature and intensity of these feelings set the “climate” of the advisory body at any given moment. A positive climate encourages member involvement and responsibility to take actions.
Optimum participation is achieved when members experience encouragement for their contributions, freedom to honestly and freely express their feelings and freedom from internal group strife which interferes with carrying out the body’s tasks.
Optimum productivity is achieved when the body’s stated tasks are understood.
Members should keep tasks visibly and clearly defined.
A. FUNCTIONS AND BEHAVIORS
Effective commission, committees and boards usually pay attention to the following functions and behaviors:
• Prioritizing tasks
• Anticipating problems
• Analyzing problems
• Setting clear objectives
• Developing actions-options
• Deciding
• Active listening
o Not interrupting
o Listening to feelings
o Not judging others
o Summarizing and feeding-back
o Supporting your colleagues
o Accepting their ideas
o Showing warmth
o Creating opportunities to involve members
o Building on members’ ideas
o Encouraging different ideas
• Confronting what’s happening
o Questioning your and others’ assumptions
o Dealing directly with conflict
COMMISSION EFFECTIVENESS
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o Focusing attention on the idea, not the person
• Diagnosis Skills
o How are you working together?
o Who isn’t involved?
o Where is your help needed?
o When are YOU going to help?
B. EFFECTIVE CONFLICT MANAGEMENT
Public hearings or citizen input meetings are difficult to manage. Participants are usually highly motivated and often nervous. When you have a group of potential adversaries in one room, the possibility of uncontrolled conflict is very high. As commission, committee, and board members, your role is to guide conflict to positive results, not to eliminate it, which is usually not possible.
The following suggestions should help manage conflicts and confrontations effectively:
• Anticipate conflicts by doing your homework so you can concentrate on the dynamics of the meeting rather than learning about the topic at hand. • Treat all sides fairly. Set the rules of the hearing early and make sure everyone abides by them without exception.
• Explain carefully the purpose of the public hearing and what action is expected at the conclusion of the hearing. Insistence on playing by the rules is your best tool for conflict management in public hearings.
• All persons speaking should clearly identify themselves, not only for the record, but also so that you may address them by name. However, a public speaker is not required to identify themselves.
• Set an acceptable time limit for testimony (generally three minutes) and stick to it. • Make decisions as promptly as possible. Many commission, committees and bodies get so bogged down in procedural distractions, petty details, and endless searches for more information that the issue never seems to get resolved. • Try not to overreact to inflammatory comments. Most are expressions of frustration and do not require answers. Try to turn frustration to constructive avenues. Ask questions. Be specific if you can. Refer to the speaker by name. Reinforce areas where you agree. Do not return insult for insult. Your insults can turn the audience against you for your lack of control and unfairness.
• Try to avoid speaker-to-audience conversation. The purpose of a hearing is to help your commission, committee, or board act, not to engage in debate. • If other members have questions of the speaker, permit these questions only during the speaker’s time at the podium.
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• Be careful not to prejudge the action of the commission, committee, or board. Use the hearing to gather necessary information about the project and individual desires concerning the proposal. Members should not express their views on the proposal until after testimony has ended. Their comments and questions should not suggest a position one way or the other.
• Once testimony has ended, each member should be invited to discuss their views on the proposal.
• View the public hearing as an example of basic democracy in action at the local level. Make it your personal goal to make the public hearing work.
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SECTION VIII
The Commission Handbook will be approved by the City Council, and any changes proposed by the City Manager or requested by the City Council will be presented to the City Council for review and approval as requested.
CONCLUSION
The City would like to thank you for accepting this position and for devoting your time and effort to become actively involved in the affairs of your community. It is sincerely hoped that you will enjoy your participation in the governing process in the City of San Dimas as a member of one of its advisory bodies, and that you will feel totally free to call upon any of its representatives for advice, background information, or assistance.
It is with this in mind that this brief handbook has been prepared. Please consider it a guide as you begin your new duties as a member of an advisory body and not as an all- inclusive restrictive set of regulations.
Welcome aboard.
APPROVALS AND MODIFICATIONS
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APPENDIX
A. Development Plan Review Board Description
B. Equestrian Commission Description
C. Golf Course Advisory Committee Description
D. Parks and Recreation Commission Description
E. Planning Commission Description
F. Public Safety Commission Description
G. Senior Citizens Commission Description
H. Rosenberg’s Rules of Order
I. The Ralph M. Brown Act
J. Revision History
• Resolutions
i. 2021-24 April 27th, 2021
ii. 2023-14 July 11th, 2023
• Revisions List
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DEVELOPMENT PLAN REVIEW BOARD
The Board shall be composed of four public members who shall be registered voters of the City, serve without compensation and be appointed upon the basis of three affirmative votes of members of the City Council. Two are appointed by City Council, one appointed by the Chamber of Commerce and one Planning Commissioner. The board also consists of the City Manager, Director of Community Development and Director of Public Works or their designee.
Service on the Committee is voluntary.
Duties:
1. To act in an advisory capacity to the City Council in all matters pertaining to Planning matters;
2. To be empowered to assemble information on the problems and their solutions pertaining to all planning matters;
3. To be empowered on its own initiative to make recommendations to the City Council on matters within its purview;
Desirable Qualifications:
Suggested qualifications for DPRB members include, but are not limited to, the following knowledge and abilities:
1. Knowledge of architectural and landscape planning.
2. Willingness to research and report on issues, programs and policies relating to planning matters;
3. Willingness to assist in implementing projects as decided upon by the Planning Commission and/or City Council;
4. Ability to develop and maintain harmonious working relationships with Board members, the City Council, the public;
5. Willingness to attend meetings on a regular basis. Three unexcused absences in one year are generally grounds for dismissal from the board.
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EQUESTRIAN COMMISSION
The Commission shall be composed of five members who shall be registered voters of the City, serve without compensation and be appointed upon the basis of three affirmative votes of members of the City Council. Service on the Committee is voluntary.
Each Commissioner shall be appointed to a two-year term with a limit of two terms.
Commissioners cannot concurrently serve on two or more commissions. After term expiration, Commissioners must wait one year before being eligible to reapply for service on the same Commission.
Duties:
1. To act in an advisory capacity to the City Council in all matters pertaining to equine, equestrians and other citizen concerns of equestrian matters and their needs, including but not limited to the care of horses, establishment and maintenance of equestrian trails, establishment of equestrian programs and the preservation of the City’s equestrian heritage.
2. To be empowered to assemble information on the problems and their solutions pertaining to all equestrian matters.
3. To be empowered on its own initiative to make recommendations to the City Council on matters within its purview.
4. To act to facilitate coordination between existing and proposed equestrian programs and provide for horse care.
Desirable Qualifications:
Suggested qualifications for Equestrian Commissioners include, but are not limited to, the following knowledge and abilities:
1. Knowledge of horse keeping through the ownership of a horse, involvement with equestrian projects and programs, and /or a demonstrated interest in equestrian matters.
2. Willingness to research and report on issues, programs and policies relating to equestrian matters.
3. Willingness to assist in implementing projects as decided upon by the Equestrian Commission and/or City Council.
4. Ability to develop and maintain harmonious working relationships with Commission members, the City Council, the public, and law enforcement agencies.
5. Willingness to attend night meetings on a regular basis. Three unexcused absences in one year are generally grounds for dismissal from the Commission.
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GOLF COURSE ADVISORY COMMITTEE
Members of the Committee shall be selected as follows: Three members of the Recreational Facility Authority, two (2) members of the City Council of the City of San Dimas; one (1) member of the City Council of the City of La Verne and two (2) public members appointed by the City Council of the City of San Dimas.
Members must be residents of the cities and will be appointed to a two-year term with a limit of two terms. After term expiration, a member must wait one year before being eligible to reapply for service on the same Committee. Service on the Committee is voluntary.
The City Councils of the Cities of San Dimas or La Verne, at their discretion, may appoint an elected official or public member to serve as an alternate.
Duties
1) To act in an advisory capacity to the City Council in matters outlined on Committee agendas pertaining to the San Dimas Municipal Golf Course. 2) To act as a liaison between the City Council users of the Golf Course and its facilities. 3) To be aware of customer and patron experiences at the golf course and its facilities.
Share that information and feedback at Committee meetings so that the operator may address them.
4) To assemble information on problems and their solutions to all matters concerning said Golf Course.
Membership
1) Any Committee member may be removed from the Committee at any time by the City Council of the City of San Dimas.
2) One of the two members of the City Council will serve as Chair for the Committee and will conduct the meetings.
Meetings:
1. The committee shall set its own meeting times.
2. Meetings shall be held at announced times and in public places.
3. All meetings shall be open to the public in accordance with the Ralph M. Brown Act.
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PARKS AND RECREATION COMMISSION
The Commission shall be composed of five Commissioners who shall be registered voters of the city, serve without compensation and be appointed upon the basis of three affirmative votes of members of the City Council. Each Commissioner will be appointed to a two-year term with a limit of two terms, except the Commissioner from the sixteen to twenty-one age groups, who will serve a one-year term. Commissioners cannot concurrently serve on two or more commissions.
After term expiration, members must wait one year before being eligible to reapply for service on the same commission.
Duties:
1. To advise the City Council on matters relating to the development and maintenance of public parks and recreation programs.
2. To represent the views of the citizenry relating to parks and recreation needs.
3. To consult with the professional staff in the development of parks and recreation programs.
4. To generally enlist community interest in human services, parks and recreation.
5. To perform any other acts related to the City’s park and recreation needs as requested by the Council.
Desirable Qualifications:
1. Willingness to give due attention and study to recreation and park services as they affect the welfare of the people of San Dimas.
2. Ability to interpret the parks and recreation services to the community.
3. Willingness to take initiative in making studies and planning for future parks and recreation areas and facilities, as well as determining means of keeping present areas and facilities at an acceptable level.
4. Ability to develop and maintain harmonious working relationships with other commission members, the City Council, the public, the school district, service organizations, and sports organizations.
5. Willingness to attend regularly scheduled evening meetings, as well as special meetings.
Three unexcused absences in one year may result in dismissal from the Commission.
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PLANNING COMMISSION
The Planning Commission is an advisory body to the City Council which is responsible for directing the short- and long-range growth and development of the City through maintenance and implementation of the City’s General Plan and associated specific plans.
The Commission shall be composed of five Commissioners who shall be registered voters of the City, and be appointed upon the basis of three affirmative votes of members of the City Council. Planning Commissioners are appointed to serve staggered two-year terms and receive a stipend of $50 per meeting. Commissioners cannot concurrently serve on two or more commissions.
Duties:
In order to implement the General Plan, the Planning Commission is empowered to administer the City’s zoning laws, ordinances, rules and regulations which:
1. Regulate the use and appearance of buildings, structures and land.
2. Regulate signs and billboards.
3. Regulate location, height, bulk, number of stores and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use.
4. Establish requirements for off-street parking and loading.
5. Establish and maintain building setback lines.
The Planning Commission also reviews environmental documents and capital improvement programs.
Desirable Qualifications:
A Planning Commissioner’s primary job is to make land use decisions that are consistent with the policies and plans formally adopted by the City Council. Therefore, the first priority of a Planning Commissioner must be to develop decision-making skills and knowledge of City policies. It is not critical to have training in fields such as planning, architecture, law, civil engineering, geology, economics, or demography. These are skills that are available to the Commissioner from staff, consultants, and the applicant. The Commissioner’s job is to weigh the professional input given in staff reports, environmental impact reports, and consultant reports.
A Commissioner is much like a judge, who is trained to render a legal decision based on the testimony of experts and others who appear as witnesses in a trial.
Suggested qualifications for a Planning Commissioner include:
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1. A willingness and ability to research and report on issues, programs and policies related to development issues.
2. A willingness to attend night meetings on a regular basis. Three (3) unexcused absences in one year are generally grounds for dismissal from the Commission.
3. A willingness to assist in implementing projects as decided upon by the City Council.
4. The ability to sustain harmonious working relationships with Commission members, the City Council, residents and the public.
5. A willingness to attend extracurricular meeting and training seminars related to regional to regional planning issues.
6. A willingness to make decisions based upon planning principles and what is best for the community as a whole.
Annual Statement of Economic Interests: Government Code Section 87200 of the Political Reform Act requires Planning Commissioners to file annual statements of economic interests that disclose reportable financial interests. These statements are intended to alert the public and officials about financial interests that may require disqualification from governmental decisions because of a conflict of interest. These statements are public documents.
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PUBLIC SAFETY COMMISSION
The Public Safety Commission shall be composed of five members City Council and two members of the San Dimas Sheriff’s Station Community Advisory Board. They shall be registered voters of the City, serve without compensation and be appointed upon the basis of three affirmative votes of members of the City Council (does not include CAB members).
Service on this Commission is voluntary.
Each member will be appointed to a two-year term for a total of three terms. Commissioners cannot concurrently serve on two or more commissions. After term expiration, Commissioners must wait one year before being eligible for service on the same Commission Duties:
1. To learn more of the City’s public safety services by attending informative commission meetings.
2. To advise the City Council on matters relating to law enforcement including but not limited to, policing, crime prevention, fire suppression, emergency medical response, fire prevention and emergency services.
3. To represent the views of the citizenry relating to public safety plans, programs, and future needs.
4. To consult with professional staff in the development of public safety programs.
5. To enlist community interest in, and support for, the City’s public safety programs.
6. To work with citizens, elected and appointed officials, and professional staff to support the work of public safety personnel.
Desirable Qualifications:
1. Willingness to attend informative commission meetings to learn about public safety services as they affect the welfare of the people of San Dimas.
2. Ability to interpret public safety services to the community, and to interpret the community to professional public safety personnel.
3. Ability to develop and maintain harmonious working relationships with other committee members, City Council, Sheriff’s Department, Fire Department the public, the school district, service organizations and other community groups.
4. Willingness to attend committee meetings. Three unexcused absences in one year may result in dismissal from the Commission.
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SENIOR CITIZENS COMMISSION
The Senior Citizens Commission shall consist of five members who shall be registered of the City, serve without compensation, and be appointed upon the basis of three affirmative votes of members of the City Council based on nominations from members of the City Council. At least five (5) of the Commissioners shall be over 55 years of age.
Each Commissioner will be appointed to a two-year term with a limit of two terms.
Commissioners cannot concurrently serve on two or more commissions. After serving two consecutive terms, Commissioners must wait one year before being eligible to reapply for service on the same commission.
Duties:
The powers and duties of the Commission are as follows:
1. To act in an advisory capacity to the City Council in all matters pertaining to older Americans and their needs, including, but not limited to health and nutrition, transportation, housing, employment and recreational programs.
2. To be empowered to assemble information on the problems and their solutions pertaining for older Americans through all means available, including investigation of the availability of grants for senior citizen needs.
3. To be empowered on its own initiative to make recommendations to the City Council on matters within its purview.
4. To act to facilitate coordination between existing and proposed programs for senior citizens provided by various levels of government.
Desirable Qualifications:
Suggested qualifications for Senior Citizens Commissioners include, but are not limited to, the following knowledge and abilities:
1. Some knowledge, experience and empathy of the concerns and problems of the older individual;
2. The ability to enthusiastically research and report on issues, programs, and policies relating to senior citizens;
3. The ability to enthusiastically assist in implementing projects as decided upon by the Senior Citizen Commission and/or City Council.
4. Ability to develop and maintain harmonious working relationships with Commission members, the City Council, residents and the public.
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5. The time and level of commitment to be present and enthusiastically support all Senior Citizens Commission activities.
6. The time to enthusiastically attend Commission meeting. Absence from three (3) consecutive meetings in one year may result in dismissal from the Commission.
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Rosenberg’s
Rules of
Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
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VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities. The League strives to protect the local authority and autonomy of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the
California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality
Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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Introduction
The rules of procedure at meetings should be simple
enough for most people to understand. Unfortunately,
that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set
of rules — Robert’s Rules of Order — which are
embodied in a small, but complex, book. Virtually no
one I know has actually read this book cover to
cover. Worse yet, the book was written for another
time and for another purpose. If one is chairing or
running a parliament, then Robert’s Rules of Order is
a dandy and quite useful handbook for procedure in
that complex setting. On the other hand, if one is
running a meeting of say, a five-member body with a
few members of the public in attendance, a simplified
version of the rules of parliamentary procedure is in
order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of
parliamentary procedure, based on my decades of
experience chairing meetings in state and local
government. These rules have been simplified for the
smaller bodies we chair or in which we participate,
slimmed down for the 21st Century, yet retaining the
basic tenets of order to which we have grown
accustomed. Interestingly enough, Rosenberg’s
Rules has found a welcoming audience. Hundreds of
cities, counties, special districts, committees, boards, commissions, neighborhood associations and private
corporations and companies have adopted
Rosenberg’s Rules in lieu of Robert’s Rules because
they have found them practical, logical, simple, easy
to learn and user friendly.
This treatise on modern parliamentary procedure is
built on a foundation supported by the following four
pillars:
1. Rules should establish order. The first purpose
of rules of parliamentary procedure is to establish
a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to
wider understanding and participation. Complex
rules create two classes: those who understand
and participate; and those who do not fully
understand and do not fully participate.
3. Rules should be user friendly. That is, the
rules must be simple enough that the public is
invited into the body and feels that it has
participated in the process.
4. Rules should enforce the will of the majority
while protecting the rights of the minority.
The ultimate purpose of rules of procedure is to
encourage discussion and to facilitate decision
making by the body. In a democracy, majority
rules. The rules must enable the majority to
express itself and fashion a result, while
permitting the minority to also express itself, but
not dominate, while fully participating in the
process.
Establishing a Quorum
The starting point for a meeting is the establishment
of a quorum. A quorum is defined as the minimum
number of members of the body who must be present
at a meeting for business to be legally transacted.
The default rule is that a quorum is one more than
half the body. For example, in a five-member body a
quorum is three. When the body has three members
present, it can legally transact business. If the body
has less than a quorum of members present, it
cannot legally transact business. And even if the
body has a quorum to begin the meeting, the body
can lose the quorum during the meeting when a
member departs (or even when a member leaves the
dais). When that occurs the body loses its ability to
transact business until and unless a quorum is
reestablished.
The default rule, identified above, however, gives
way to a specific rule of the body that establishes a
quorum. For example, the rules of a particular fivemember body may indicate that a quorum is four members for that particular body. The body must
follow the rules it has established for its quorum. In
the absence of such a specific rule, the quorum is
one more than half the members of the body.
The Role of the Chair
While all members of the body should know and
understand the rules of parliamentary procedure, it is
the chair of the body who is charged with applying
the rules of conduct of the meeting. The chair should
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be well versed in those rules. For all intents and
purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all
decisions by the chair are final unless overruled by
the body itself.
Since the chair runs the conduct of the meeting, it is
usual courtesy for the chair to play a less active role in the debate and discussion than other members of
the body. This does not mean that the chair should
not participate in the debate or discussion. To the
contrary, as a member of the body, the chair has the
full right to participate in the debate, discussion and decision-making of the body. What the chair should
do, however, is strive to be the last to speak at the
discussion and debate stage. The chair should not
make or second a motion unless the chair is
convinced that no other member of the body will do
so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often
published agenda. Informal meetings may have only
an oral or understood agenda. In either case, the
meeting is governed by the agenda and the agenda
constitutes the body’s agreed-upon roadmap for the
meeting. Each agenda item can be handled by the
chair in the following basic format:
First, the chair should clearly announce the agenda
item number and should clearly state what the
agenda item subject is. The chair should then
announce the format (which follows) that will be
followed in considering the agenda item.
Second, following that agenda format, the chair
should invite the appropriate person or persons to
report on the item, including any recommendation
that they might have. The appropriate person or
persons may be the chair, a member of the body, a
staff person, or a committee chair charged with
providing input on the agenda item.
Third, the chair should ask members of the body if
they have any technical questions of clarification. At
this point, members of the body may ask clarifying
questions to the person or persons who reported on
the item, and that person or persons should be given
time to respond.
Fourth, the chair should invite public comments, or if
appropriate at a formal meeting, should open the
public meeting for public input. If numerous members
of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should
announce that public input has concluded (or the
public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair
should announce the name of the member of the
body who makes the motion.
Sixth, the chair should determine if any member of
the body wishes to second the motion. The chair
should announce the name of the member of the
body who seconds the motion. It is normally good
practice for a motion to require a second before
proceeding to ensure that it is not just one member
of the body who is interested in a particular
approach. However, a second is not an absolute
requirement, and the chair can proceed with
consideration and vote on a motion even when there
is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the
chair should make sure everyone understands the
motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to
repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the
body to repeat the motion.
Eighth, the chair should now invite discussion of the
motion by the body. If there is no desired discussion,
or after the discussion has ended, the chair should
announce that the body will vote on the motion. If
there has been no discussion or very brief
discussion, then the vote on the motion should
proceed immediately and there is no need to repeat
the motion. If there has been substantial discussion,
then it is normally best to make sure everyone
understands the motion by repeating it.
Ninth, the chair takes a vote. Simply asking for the
“ayes” and then asking for the “nays” normally does
this. If members of the body do not vote, then they
“abstain.” Unless the rules of the body provide
otherwise (or unless a super majority is required as
delineated later in these rules), then a simple majority (as defined in law or the rules of the body as
delineated later in these rules) determines whether
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the motion passes or is defeated.
Tenth, the chair should announce the result of the
vote and what action (if any) the body has taken. In
announcing the result, the chair should indicate the
names of the members of the body, if any, who voted
in the minority on the motion. This announcement
might take the following form: “The motion passes by
a vote of 3-2, with Smith and Jones dissenting. We
have passed the motion requiring a 10-day notice for
all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a
body. It is usually best to have a motion before the
body prior to commencing discussion of an agenda
item. This helps the body focus.
Motions are made in a simple two-step process.
First, the chair should recognize the member of the
body. Second, the member of the body makes a
motion by preceding the member’s desired
approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-
day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three
ways:
1. Inviting the members of the body to make a
motion, for example, “A motion at this time would
be in order.”
2. Suggesting a motion to the members of the
body, “A motion would be in order that we give a
10-day notice in the future for all our meetings.”
3. Making the motion. As noted, the chair has every
right as a member of the body to make a motion,
but should normally do so only if the chair wishes
to make a motion on an item but is convinced that
no other member of the body is willing to step
forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common
and recur often at meetings:
The basic motion. The basic motion is the one that
puts forward a decision for the body’s consideration.
A basic motion might be: “I move that we create a
five-member committee to plan and put on our annual
fundraiser.”
The motion to amend. If a member wants to
change a basic motion that is before the body, they
would move to amend it. A motion to amend might
be: “I move that we amend the motion to have a 10-
member committee.” A motion to amend takes the
basic motion that is before the body and seeks to
change it in some way.
The substitute motion. If a member wants to
completely do away with the basic motion that is
before the body, and put a new motion before the
body, they would move a substitute motion. A
substitute motion might be: “I move a substitute
motion that we cancel the annual fundraiser this
year.”
“Motions to amend” and “substitute motions” are
often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but
modify it in some way. A substitute motion seeks to
throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to
whether a motion is really a “motion to amend” or a
“substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,”
but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary
tool that is simple, informal, saves time and avoids
bogging a meeting down with numerous formal
motions. It works in the following way: In the
discussion on a pending motion, it may appear that a
change to the motion is desirable or may win support
for the motion from some members. When that
happens, a member who has the floor may simply
say, “I want to suggest a friendly amendment to the
motion.” The member suggests the friendly
amendment, and if the maker and the person who
seconded the motion pending on the floor accepts
the friendly amendment, that now becomes the
pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly
amendment, then the proposer can formally move to
amend.
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Multiple Motions Before the Body
There can be up to three motions on the floor at
the same time. The chair can reject a fourth
motion until the chair has dealt with the three that
are on the floor and has resolved them. This rule
has practical value. More than three motions on
the floor at any given time is confusing and
unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor
(after motions and seconds) at the same time, the
vote should proceed first on the last motion that is
made. For example, assume the first motion is a
basic “motion to have a five-member committee to
plan and put on our annual fundraiser.” During the
discussion of this motion, a member might make a
second motion to “amend the main motion to have a
10-member committee, not a five-member committee
to plan and put on our annual fundraiser.” And
perhaps, during that discussion, a member makes yet
a third motion as a “substitute motion that we not
have an annual fundraiser this year.” The proper
procedure would be as follows:
First, the chair would deal with the third (the last)
motion on the floor, the substitute motion. After
discussion and debate, a vote would be taken first on
the third motion. If the substitute motion passed, it
would be a substitute for the basic motion and would
eliminate it. The first motion would be moot, as would
the second motion (which sought to amend the first
motion), and the action on the agenda item would be
completed on the passage by the body of the third
motion (the substitute motion). No vote would be
taken on the first or second motions.
Second, if the substitute motion failed, the chair
would then deal with the second (now the last)
motion on the floor, the motion to amend. The
discussion and debate would focus strictly on the
amendment (should the committee be five or 10
members). If the motion to amend passed, the chair
would then move to consider the main motion (the
first motion) as amended. If the motion to amend
failed, the chair would then move to consider the
main motion (the first motion) in its original format,
not amended.
Third, the chair would now deal with the first motion
that was placed on the floor. The original motion
would either be in its original format (five-member
committee), or if amended, would be in its amended
format (10-member committee). The question on the
floor for discussion and decision would be whether a
committee should plan and put on the annual
fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to
discussion and debate. Accordingly, basic motions,
motions to amend, and substitute motions are all
eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as
members of the body wish to discuss an item, subject
to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and
open debate on motions. The exceptions all apply
when there is a desire of the body to move on. The
following motions are not debatable (that is, when
the following motions are made and seconded, the
chair must immediately call for a vote of the body
without debate on the motion):
Motion to adjourn. This motion, if passed, requires
the body to immediately adjourn to its next regularly
scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires
the body to immediately take a recess. Normally, the
chair determines the length of the recess which may
be a few minutes or an hour. It requires a simple
majority vote.
Motion to fix the time to adjourn. This motion, if
passed, requires the body to adjourn the meeting at
the specific time set in the motion. For example, the
motion might be: “I move we adjourn this meeting at
midnight.” It requires a simple majority vote.
Motion to table. This motion, if passed, requires
discussion of the agenda item to be halted and the
agenda item to be placed on “hold.” The motion can
contain a specific time in which the item can come
back to the body. “I move we table this item until our
regular meeting in October.” Or the motion can
contain no specific time for the return of the item, in which case a motion to take the item off the table and
bring it back to the body will have to be taken at a
future meeting. A motion to table an item (or to bring
it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of
this motion is to say, “I move the previous question”
or “I move the question” or “I call the question” or
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sometimes someone simply shouts out “question.” As
a practical matter, when a member calls out one of
these phrases, the chair can expedite matters by
treating it as a “request” rather than as a formal
motion. The chair can simply inquire of the body, “any
further discussion?” If no one wishes to have further
discussion, then the chair can go right to the pending
motion that is on the floor. However, if even one
person wishes to discuss the pending motion further,
then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I
move the previous question”), the member is really
saying: “I’ve had enough debate. Let’s get on with the
vote.” When such a motion is made, the chair should
ask for a second, stop debate, and vote on the
motion to limit debate. The motion to limit debate
requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time
limit. For example: “I move we limit debate on this
agenda item to 15 minutes.” Even in this format, the
motion to limit debate requires a two-thirds vote of
the body. A similar motion is a motion to object to
consideration of an item. This motion is not
debatable, and if passed, precludes the body from
even considering an item on the agenda. It also
requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a
question. A tie vote means the motion fails. So in a
seven-member body, a vote of 4-3 passes the
motion. A vote of 3-3 with one abstention means the
motion fails. If one member is absent and the vote is
3-3, the motion still fails.
All motions require a simple majority, but there are a
few exceptions. The exceptions come up when the
body is taking an action which effectively cuts off the ability of a minority of the body to take an action or
discuss an item. These extraordinary motions require
a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I
move the previous question,” or “I move the
question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the
ability of the minority to discuss an item, and it
requires a two-thirds vote to pass.
Motion to close nominations. When choosing
officers of the body (such as the chair),
nominations are in order either from a nominating
committee or from the floor of the body. A motion to
close nominations effectively cuts off the right of
the minority to nominate officers and it requires a
two-thirds vote to pass.
Motion to object to the consideration of a
question. Normally, such a motion is unnecessary
since the objectionable item can be tabled or
defeated straight up. However, when members of a
body do not even want an item on the agenda to be
considered, then such a motion is in order. It is not
debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is
debatable, but requires a two-thirds vote to pass. If
the body has its own rules of order, conduct or
procedure, this motion allows the body to suspend
the rules for a particular purpose. For example, the
body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A
motion to suspend the rules would be in order to
allow a non-club member to attend a meeting of the
club on a particular date or on a particular agenda
item.
Counting Votes
The matter of counting votes starts simple, but can
become complicated.
Usually, it’s pretty easy to determine whether a
particular motion passed or whether it was defeated.
If a simple majority vote is needed to pass a motion,
then one vote more than 50 percent of the body is
required. For example, in a five-member body, if the
vote is three in favor and two opposed, the motion
passes. If it is two in favor and three opposed, the
motion is defeated.
If a two-thirds majority vote is needed to pass a
motion, then how many affirmative votes are
required? The simple rule of thumb is to count the
“no” votes and double that count to determine how
many “yes” votes are needed to pass a particular
motion. For example, in a seven-member body, if
two members vote “no” then the “yes” vote of at
least four members is required to achieve a twothirds majority vote to pass the motion.