CITY OF SANTA CLARITA City Council Regular Meeting

Transcription

1 CITY OF SANTA CLARITA City Council Regular Meeting Joint Meeting with Board of Library Trustees Successor Agency to the former Redevelopment Agency Hereinafter the titles Mayor, Mayor Pro Tem, Councilmember, City Manager, City Attorney, and City Clerk may be used also to indicate Mayor/Chair/President, Mayor Pro Tem/Vice-Chair/Vice President, City Manager/Executive Director, City Attorney/Counsel, and City Clerk/Secretary ~Minutes~ Tuesday, June 13, :00 PM City Council Chambers INVOCATION Mayor Smyth delivered the invocation. CALL TO ORDER Mayor Smyth called to order the regular joint meeting of the City Council, Board of Library Trustees, and Successor Agency to the former Redevelopment Agency at 6:00 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember Miranda led the flag salute. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting. APPROVAL OF AGENDA Motion by Kellar, second by Weste, to approve the agenda, pulling items 3, 8 and 10 for Council comment, items 4 and 10 for public comment, and moving item 19 after item 13 to accommodate members of the public. Hearing no objections, it was so ordered. RESULT: APPROVED AGENDA

2 AWARDS AND RECOGNITIONS Mayor Smyth and Council recognized Danielle Wick and the SCV All Stars Cheer organization for their success at the Summit Varsity All Star Cheerleading National Championship and presented them with a certificate. Mayor Smyth and Council recognized Santa Clarita Public Works Director Robert Newman for receiving the Top Ten Public Works Leader of the Year Award from the American Public Works Association. Shawn Ahmad of the National Board of American Public Works Association recognized and congratulated Public Works Director Robert Newman for his achievement and presented him with an award. PUBLIC PARTICIPATION Addressing the Council was Elaine Ballace regarding the order of items within the agenda; Steven McKeon, representing Marne Construction, advocating for disabled veteran business initiatives; Mike Tollefson regarding the homeless shelter; Lisa Yakub Sevanian, representing Calgrove Media, regarding family-friendly entertainment in the City; Joan Adeeb regarding homelessness; and Cam Noltemeyer regarding the closure of Chiquita Canyon Landfill. STAFF COMMENTS City Manager Ken Striplin acknowledged the magnitude of homeless issues and discussed the numerous measures the City has taken in order to ensure long-term solutions; commented that staff will look into opportunities to provide the community with family-friendly entertainment; commented regarding the disabled veterans initiative and that staff would provide a report to the Council. Mayor Pro Tem Weste expressed gratitude toward City Manager Ken Striplin for supporting young artists' innovation; commented regarding seeing hot showers at the homeless shelter and requested confirmation that hot water is still available; requested information regarding the funding amount generated and distribution of funds from Measure H, and City Manager Ken Striplin responded that preliminary analysis shows approximately $7 million per year generated from sales tax, and that the distribution amount is dependent on homeless population; and commented regarding the City's effort to create a year-round homeless shelter. Councilmember Miranda inquired about special programs that the City has to promote veteran employment, and City Manager Ken Striplin responded that staff will gather information; and suggested a 5-percent preferential treatment regarding employment for veterans. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Mayor Smyth commented regarding an upcoming Ad Hoc Committee on Homelessness meeting to discuss Measure H funding; and commented that the City of Santa Clarita has been named one of the 50 Safest Cities in California according to SafeWise.com, and expressed gratitude toward City staff, the Sheriff's Department and Captain Lewis for prioritizing safety. Councilmember Kellar commented regarding the Patriot Luncheon hosted by the Chamber of Commerce on July 13, 2017, at the Hyatt Regency Valencia, and invited residents to attend and acknowledge members for their service. Page 2

3 Mayor Pro Tem Weste commented regarding attending the Annual Memorial Day ceremony at Eternal Valley Memorial Park with Councilmember McLean; commented on the success of the Boys and Girls Club auction; commented on her attendance at the Rim of the Valley Tour with staff members from the offices of Senator Wilk, Assemblyman Acosta and Congressman Knight, along with members of the Rim of the Valley Committee and the Nature Conservancy, and commented on the accomplishments and the opportunity to protect the mountain range, and suggested sending a letter including the City's supportive position to United States Senator Kamala Harris; commented on her attendance at the Golden Oak Adult School Commencement Graduation and congratulated the students for their achievements; invited residents to visit SCVParade.com to register for The Emblems of the Land I Love Fourth of July parade on July 4, 2017, at 9:00 a.m. Mayor Smyth responded in support of sending a letter including the City's position concerning the Rim of the Valley to United States Senator Kamala Harris. Councilmember McLean commented regarding a resident's concern with reference to roadside fires and suggested partnering with the Fire Department to send out a public service announcement to address fire danger, and Council concurred; commented regarding support of 500 Golden Valley High School students who took the Metrolink to ensure safe travels for their senior prom and class trip; commented regarding attending regional meetings and testifying at the Board of Supervisors meeting concerning water resilience and maintaining Sheriff presence at Santa Clarita schools; commented regarding illegal fireworks and suggested implementing a program similar to Huntington Beach Department's "Turn Them In" where residents are given the opportunity to file a report; commented regarding the Santa Clarita Valley Senior Center's Touch a Truck fundraiser event, and invited residents to attend on Saturday, June 17, 2017, at Central Park from 9:00 a.m. to 1:00 p.m.; and requested an adjournment in memory of Scott E. Franklin. Councilmember Miranda commented that the City and the Trust for Public Land will be hosting a special ribbon cutting ceremony to celebrate the recent acquisition and protection of 240 additional acres of open space in the Newhall Pass, and encouraged residents to attend on Thursday, June 15, 2017, at 9:00 a.m., and visit HikeSantaClarita.com for additional information. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Bob Kellar, Councilmember SECONDER: Laurene Weste, Mayor Pro Tem AYES: Smyth, Weste, Kellar, McLean, Miranda ITEM 1 APPROVAL OF SPECIAL MEETING MINUTES The minutes are submitted for approval. City Council approve the minutes of the May 23, 2017, Special Meeting Page 3

4 ITEM 2 APPROVAL OF REGULAR MEETING MINUTES The minutes are submitted for approval. City Council approve the minutes of the May 23, 2017, Regular Meeting ITEM 3 STATE LEGISLATION: ASSEMBLY BILL 190 Authored by Assembly Member Marc Steinorth (R-40-Rancho Cucamonga), Assembly Bill 190 proposes to require a local agency s planning department to approve or disapprove the design of a development project within 30 days of the date an application has been determined to be complete. If an application is not approved or disapproved within 30 days, the design of the development project is deemed approved on the 31 st day. City Council adopt the Legislative Committee s recommendation to oppose Assembly Bill 190 (Steinorth) and transmit position statements to Assembly Member Steinorth, Santa Clarita s state legislative delegation, appropriate legislative committees, Governor Brown, and the League of California Cities. Mayor Pro Tem Weste commented regarding the proposed development approval process and that the timeline would be an attack on the California Environmental Quality Act (CEQA). ITEM 4 STATE LEGISLATION: ASSEMBLY BILL 1250 Authored by Assembly Member Reginald Jones-Sawyer (D-59-Los Angeles), Assembly Bill 1250 establishes requirements for the use of personal service contracts by counties and cities. Specifically, this bill requires a local agency to conduct an audit before entering or renewing a contract. City Council adopt the Legislative Committee s recommendation to oppose Assembly Bill 1250 (Jones-Sawyer) and transmit position statements to Assembly Member Jones-Sawyer, Santa Clarita s state legislative delegation, appropriate legislative committees, Governor Brown, and the League of California Cities. Addressing the Council on this item was Ed Masterson. ITEM 5 STATE LEGISLATION: ASSEMBLY BILL 1350 Authored by Assembly Member Laura Friedman (D-43-Glendale), Assembly Bill 1350 proposes to require a city or county, that has not met at least one-third of its share of the regional housing need for low-income and very low income housing, to pay a penalty to the Department of Housing and Community Development. City Council adopt the Legislative Committee s recommendation to oppose Assembly Bill 1350 (Friedman) and transmit position statements to Assembly Member Friedman, Santa Clarita s state legislative delegation, appropriate legislative committees, Governor Brown, and the League of California Cities. Page 4

5 ITEM 6 FEDERAL LEGISLATION: H.R United States Representative Steve Knight (R-CA-25) has introduced H.R. 1557, the Soledad Canyon Consistency Act. The bi-partisan measure is co-sponsored by Representative Brad Sherman (D-CA-30), Representative Adam Schiff (D-CA-28), and Representative Judy Chu (D- CA-27). Subject to valid existing rights, the bill seeks to withdraw from mineral entry the lands that were the subject of the two cancelled mining contracts (CA and CA-22901) between the Bureau of Land Management and CEMEX. Enactment of the legislation will prohibit the Secretary of the Interior from entering into new contracts, leases or other conveyance for purposes of mining at the site in Soledad Canyon, which was the subject of the two contracts. It is recommended that the City Council support H.R City Council support H.R and transmit position statements to Representative Steve Knight, Representative Brad Sherman, Representative Adam Schiff, Representative Judy Chu, Senator Dianne Feinstein, Senator Kamala Harris, members of applicable congressional committees, the Secretary of the Interior, other Members of Congress, administration officials and interested organizations, as appropriate. ITEM 7 FEDERAL LEGISLATION: HOUSE RESOLUTION 2116 Authored by Congressman Steve Knight (R-25-CA), House Resolution 2116 proposes to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in a series of water reclamation projects to provide a new water supply to communities previously impacted by perchlorate contamination plumes. City Council adopt the Legislative Committee s recommendation to support House Resolution 2116 (Knight) and transmit position statements to Representative Steve Knight; Senator Dianne Feinstein; Senator Kamala Harris; the House Subcommittee on Water, Power, and Oceans; and other Members of Congress and committees, as appropriate. ITEM 8 FEDERAL LEGISLATION: HOUSE RESOLUTION 2156 Authored by Congressman Steve Knight (R-25-CA), House Resolution 2156 proposes to establish a national memorial and national monument to commemorate the victims of the Saint Francis Dam collapse of March 12, City Council adopt the Legislative Committee s recommendation to support House Resolution 2156 (Knight) and transmit position statements to Representative Steve Knight; Senator Dianne Feinstein; Senator Kamala Harris; the House Subcommittee on Federal Lands; and other Members of Congress and committees, as appropriate. Mayor Pro Tem Weste commented regarding the efforts Congress has made to pass a bill designating St. Francis Dam as a National Monument, and invited residents to visit SCVTV.com to view historic newsreel footage that was taken the day after the St. Francis Dam collapsed. Page 5

6 Councilmember Miranda commented regarding the significance of the St. Francis Dam memorial and recognized that over 400 lives were lost as a result of the collapse. Councilmember McLean commented regarding State Legislative Bills and encouraged residents to contact legislature and have their friends contact their legislature to preserve cities' local government rights; commented regarding SB649, which allows for cell phone tower equipment to be placed throughout the City, and stated the City's position in reference to the negative effects of the towers; suggested sending out the City's positions on certain issues and allow for residents to submit their positions via the City's enotify system and report to Sacramento, and requested that City staff look into setting up the enotify and bring details back to Council. Mayor Smyth commented regarding recently introduced bills that have been authored by past Councilmembers; commented that residents should contact their own district representatives to be effective. ITEM 9 SAN GABRIEL MOUNTAINS NATIONAL MONUMENT REVIEW AND PUBLIC COMMENT On April 26, 2017, President Trump issued Executive Order 13792, which initiated a review of all national monument designations or expansions made under the Antiquities Act of 1906, since January 1, 1996 and containing 100,000 acres or more. The San Gabriel Mountains National Monument, containing 346,177 acres, was designated by President Obama in October 2014 under authority of the Antiquities Act and therefore, meets the criteria established under President Trump s Executive Order. As part of the review process, the Secretary of the Interior is seeking public comment regarding national monument designations under review by June 25, A draft comment letter seeking retention of the San Gabriel Mountains National Monument designation as made by President Obama has been prepared by staff for the City Council s consideration. City Council approve draft comment letter and authorize sending it as a five-signature letter to the Secretary of the Interior, supporting retention of the San Gabriel Mountains National Monument as designated by President Obama on October 10, ITEM 10 PROPOSED PURCHASE OF PERMANENT SEWER CONNECTION This action recommends the purchase of a permanent connection to the Los Angeles County Sanitation District for the disposal of nuisance groundwater originating from Drainage Benefit Assessment Area (DBAA) 18. City Council: 1. Authorize and approve a 20-year agreement with the Los Angeles County Sanitation District in an amount not to exceed $631,373 for the purchase of a permanent sewer connection to dispose of nuisance groundwater originating from the Shangri-La community. 2. Authorize an ongoing appropriation of $31,568 from Fund 357 to Account No Page 6

7 (LMD Zone T31) effective Fiscal Year (FY) Authorize the City Manager or designee to execute all contracts and associated documents, contingent upon the appropriation of funds by the City Council in the annual budget for such Fiscal Year, and execute all documents subject to City Attorney approval. Addressing the Council on this item was Alan Ferdman. Mayor Pro Tem Weste requested that City Manager Ken Striplin respond in reference to Alan Ferdman's comments, and Mr. Ken Striplin commented that the item is in full compliance with Proposition 218, Special Counsel has reviewed and proven the item to be legal, and confirmed that all property owners and HOA are in agreement with the consolidation of the use of the funds; commented that 36,000 gallons of water are pumped out of the subdivision on a daily basis in order to prevent property damage and that the City paid a fine of $800,000 to save homes in the Shangri-La neighborhood, and suggested generating a plan to recycle water. Councilmember McLean commented regarding the City's preparation for the use of recycled water by using pipes similar to those installed in the major medians. ITEM 11 STONECREST SLOPE LANDSCAPE AND LIGHTING DISTRICT T52 LANDSCAPE MODIFICATIONS, PROJECT NO R3005 Award a construction contract to Stay Green, Inc. for LLD Zone T52 Landscape Modifications, Project R3005 City Council: 1. Award the construction contract to Stay Green, Inc., in the amount of $87,865, and authorize a contingency in the amount of $13,180 for a total contract amount not to exceed $101, Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. ITEM 12 CHECK REGISTER NO. 11 Check Register No. 11 for the Period 04/28/17 through 05/11/17 and 05/18/17 in the aggregate amount of $6,192, Electronic Funds Transfers included in Check Register No. 11 for the Period 05/01/17 through 05/12/17 in the aggregate amount of $961, City Council approve and ratify for payment the demands presented in Check Register No. 11. Page 7

8 PUBLIC HEARINGS ITEM 13 FISCAL YEAR ANNUAL OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM The proposed budget was presented to the City Council along with the Planning Commission, the Parks, Recreation, and Community Services Commission, and the Arts Commission during the Joint Budget Study Session on May 3, In addition, on June 6, 2017, the Planning Commission made a finding by minute action, that the Draft Fiscal Year Capital Improvement Program is consistent with the City s General Plan. The Fiscal Year Budget totals $197.7 million. This includes funding for the Capital Improvement Program, the Redevelopment Successor Agency, operations and maintenance, personnel, and debt services. When compared to the current year s adopted budget, the proposed fiscal Year Budget represents a 10.1% decrease, equivalent to $22.3 million less than the adopted Fiscal Year Budget. City Council and City Council acting as Successor Agency for the former Redevelopment Agency of the City of Santa Clarita conduct a public hearing on the proposed Fiscal Year Annual Operating Budget and Capital Improvement Program, and schedule the budget for adoption at the June 27, 2017, City Council Meeting. Mayor Smyth opened the public hearing. Deputy City Clerk Amanda Santos reported that all notices required by law have been provided. City Manager Ken Striplin provided the Staff Report. Addressing the Council on this item was Cam Noltemeyer and Brian Thomas. Mayor Pro Tem Weste inquired regarding the planned amphitheater, and City Manager Ken Striplin confirmed that the City is looking to identify potential locations for sites. Councilmember Kellar commended staff and the subcommittee for building a successful budget on time and receiving AAA ratings every year. Mayor Smyth reiterated Councilmember Kellar's comment concerning the success of the annual budget. Mayor Smyth closed the public hearing. Councilmember McLean requested staff follow up with Brian Thomas to determine if his comment is in conjunction with a previous comment regarding veterans. Page 8

9 RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Marsha McLean, Councilmember Laurene Weste, Mayor Pro Tem Smyth, Weste, Kellar, McLean, Miranda ITEM 14 ANNUAL ADJUSTMENT OF FEES AND AMENDMENTS TO THE FEE SCHEDULE For Fiscal Year , staff recommends Citywide fees and charges be increased by the December year-end Consumer Price Index (CPI) for the urban consumers of the Los Angeles, Riverside, and Orange County area. The percentage increase, as reported by the United States Department of Labor, is 2.0 Percent. City Council: 1. Conduct the public hearing on the proposed fee adjustments. 2. Adopt a resolution establishing a schedule of fees and charges for City services. Mayor Smyth opened the public hearing. Deputy City Clerk Amanda Santos reported that all notices required by law have been provided. Council waived the staff report. No requests to speak were received. Mayor Smyth closed the public hearing. Adopted Resolution No RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bob Kellar, Councilmember Bill Miranda, Councilmember Smyth, Weste, Kellar, McLean, Miranda ITEM 15 ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS As an annual required procedure, staff presents for City Council's consideration the Final Engineer's Reports for the various special districts and requests approval to provide the Los Angeles County Auditor Controller necessary data for the assessments to appear on the Fiscal Year Property Tax Rolls. City Council: 1. Conduct a Public Hearing for the Landscaping and Lighting District, with the exception of Page 9

10 Zones T4, T23 and T23A; the Golden Valley Ranch Open Space Maintenance District; the Drainage Benefit Assessment Areas; and the Tourism Marketing District. 2. Adopt resolutions approving the Engineer s Reports for the Fiscal Year (FY) annual levy of assessments for the continuation of maintenance for the Landscaping and Lighting District, with the exception of Zones T4, T23, and T23A; the Golden Valley Ranch Open Space Maintenance District; the Drainage Benefit Assessment Areas; and the Tourism Marketing District. Mayor Smyth opened the public hearing. Deputy City Clerk Amanda Santos reported that all notices required by law have been provided. No requests to speak were received. Mayor Smyth closed the public hearing. Adopted the following: Resolution No (LLD FY ) Resolution No (GVROSMD) Resolution No (D13AA FY ) Resolution No (TMD FY 2017) RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bill Miranda, Councilmember Bob Kellar, Councilmember Smyth, Weste, Kellar, McLean, Miranda ITEM 16 ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS FOR LANDSCAPING AND LIGHTING DISTRICT ZONES T23 AND T23A As an annual procedure, the City Council is required to conduct the Public Hearing for Landscaping and Lighting District, Zones T23 and T23A, adopt this resolution, and direct staff to provide the Los Angeles County Auditor Controller necessary data for the assessments to appear on the Fiscal Year Property Tax Rolls. City Council conduct a Public Hearing for Landscaping and Lighting District, Zones T23 and T23A, and adopt a resolution approving the Engineer s Report for the Fiscal Year annual levy of assessments for the continuation of maintenance for Landscaping and Lighting District, Zones T23 and T23A. Mayor Pro Tem Weste recused herself from voting on this item due to the proximity of her property to this subject matter and stepped away from the dais. Mayor Smyth opened the public hearing. Page 10

11 Deputy City Clerk Amanda Santos reported that all notices required by law have been provided. No requests to speak were received. Mayor Smyth closed the public hearing. Adopted Resolution No RESULT: APPROVED [4 TO 0] MOVER: Marsha McLean, Councilmember SECONDER: Bob Kellar, Councilmember AYES: Cameron Smyth, Bob Kellar, Marsha McLean, Bill Miranda RECUSED: Laurene Weste Mayor Pro Tem Weste returned to the dais. ITEM 17 ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS FOR LANDSCAPING AND LIGHTING DISTRICT ZONE T4 As an annual procedure, the City Council is required to conduct the public hearing for Landscaping and Lighting District Zone T4, adopt this resolution, and direct staff to provide the Los Angeles County Auditor Controller necessary data for the assessments to appear on the Fiscal Year Property Tax Rolls. City Council conduct a Public Hearing for Landscaping and Lighting District, Zone T4, and adopt a resolution approving the Engineer s Report for the Fiscal Year annual levy of assessments for the continuation of maintenance for Landscaping and Lighting District, Zone T4. Councilmember Miranda recused himself from voting on this item due to the proximity of his property to the subject matter and stepped away from the dais. Mayor Smyth opened the public hearing. Deputy City Clerk Amanda Santos reported that all notices required by law have been provided. No requests to speak were received. Mayor Smyth closed the public hearing. Adopted Resolution No RESULT: APPROVED [4 TO 0] MOVER: Bob Kellar, Councilmember SECONDER: Marsha McLean, Councilmember AYES: Cameron Smyth, Laurene Weste, Bob Kellar, Marsha McLean RECUSED: Bill Miranda Page 11

12 Councilmember Miranda returned to the dais. UNFINISHED BUSINESS ITEM 18 APPOINT COUNCILMEMBER AND ALTERNATE TO SERVE ON THE SANTA CLARITA VALLEY GROUNDWATER SUSTAINABILITY AGENCY BOARD Appoint one Councilmember and potential alternate to represent the City of Santa Clarita on the Groundwater Sustainability Agency Board. City Council: 1. Appoint one Councilmember to represent the City of Santa Clarita on the Santa Clarita Valley Groundwater Sustainability Agency. 2. If City Council desires, appoint an alternate in the absence of the aforementioned representative. Council waived the presentation. Councilmember Kellar requested that he be appointed to serve on the Santa Clarita Valley Groundwater Sustainability Agency Board. Mayor Smyth requested a motion. RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bill Miranda, Councilmember Laurene Weste, Mayor Pro Tem Smyth, Weste, Kellar, McLean, Miranda Mayor Pro Tem Weste requested to be appointed as the alternate to the Santa Clarita Valley Groundwater Sustainability Agency Board. Mayor Smyth requested a motion. RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bob Kellar, Councilmember Bill Miranda, Councilmember Smyth, Weste, Kellar, McLean, Miranda ITEM 19 PROPOSED UPDATES TO SANTA CLARITA MUNICIPAL CODE, CHAPTER MANUFACTURED HOME RENT ADJUSTMENT PROCEDURES An update of Chapter 6.02 of the Santa Clarita Municipal Code. The proposed changes are being brought to the City Council for discussion and direction. Page 12

13 City Council discuss the proposed changes and provide direction to staff. Housing Administrator Erin Lay provided the Staff Report. Addressing the Council was Elaine Ballace; Alan Ferdman; Kevin Eliason; Athena Jinks, representing Cal-AM Properties; Jay Levine, representing Parklane Manufactured Home Park; Ella Clark; Ray Henry; Keith Wynn; Bruce Velie, representing Greenbrier HOA; and Nancy Must. Two written comment cards were received by Doug Fraser and Mary Orr. Councilmember Miranda commented that Santa Clarita is a business-friendly community and that Manufactured Home Parks are a unique business in that the residents need help; commented that there is currently sufficient time to send notices to park residents. Councilmember Kellar commented regarding the appeal process requirements and suggested revising the signature requirement to one-third of residents; commented regarding his support of a hearing officer and that the hearing officer makes the final decision; commented regarding the time that has been invested in Santa Clarita Municipal Code Chapter (Chapter 6.02), and reiterated the purview of the City in relation to State law; and expressed determination to reach a solution that benefits both parties involved. Councilmember McLean commented regarding the Consumer Price Index (CPI) stating that the community expressed their interest in using CPI in regards to rent increase and that the Council gave warning of unintended consequences; commented regarding rent control limitations; commented regarding the Chapter 6.02 revisions and suggested amending language on Agenda Packet Page 215 by replacing the word encouraged with required ; commented regarding the appeal hearing process and suggested that two hearing officers review the appeal; commented regarding the appeal request form and suggested that all persons living in the manufactured home would have their name included in the rent roll; inquired about the definition of a park resident and who is authorized to be on the rent roll; inquired regarding the circumstances that a rental agreement could be waived, and Councilmember Kellar responded asking for staff's response; suggested educating future manufactured home buyers on details relating to rent roll. City Attorney Joseph Montes clarified that Chapter A (Waiver Ability) language reflects State law, and that the rent adjustment ordinance does not apply to long-term leases; clarified that the last rent paid will be subject to rent adjustment under the terms of the ordinance if a long-term lease ends; commented that nothing can be added to a lease that would hinder the rights of the resident under State law; responded to Councilmember McLean's suggestion to amend the language and replace the word "encourage" with "require," stating that other aspects of the ordinance would be subject to change; confirmed that staff verifies the legal owners of the manufactured homes using the rent roll or State registration and that the rent roll is maintained by the park owner; and clarified that rent roll includes individuals who have an agreement with the park and pay rent. Mayor Pro Tem Weste commented regarding the appeal petition signature requirements and supported using the one-third percentage; commented regarding the unintended consequences of Page 13

14 the Chapter 6.02 update from 2015; requested that staff define Capital Improvement and Capital Replacement. City Attorney Joseph Montes commented on Capital Improvement and Capital Replacement definitions outlined in the proposed ordinance as well as staff s role in the appeal process. Mayor Smyth commented regarding the appeal threshold suggesting that 33% of resident signatures be required for a valid appeal petition request; commented regarding the amended language and supported amending the language by replacing encourage with require ; supported Councilmember Kellar's position in reference to the hearing officer and confirmed that the City will hire a qualified individual so that a second hearing officer is not needed; commented that the final decision of the hearing officer would not be appealable to the Council; and recognized all of the time staff and community members have invested in Chapter Councilmember Kellar made a motion to include the changes to the ordinance summarized by Mayor Smyth. RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bob Kellar, Councilmember Laurene Weste, Mayor Pro Tem Smyth, Weste, Kellar, McLean, Miranda PUBLIC PARTICIPATION II No requests to speak were received. ADJOURNMENT Mayor Smyth adjourned the meeting at 9:12 p.m. in memory of Scott E. Franklin. ATTEST: MAYOR CITY CLERK Page 14