city of santa clarita city council / board of library

CITY OF SANTA CLARITA

CITY COUNCIL / BOARD OF LIBRARY TRUSTEES JOINT REGULAR MEETING

Tuesday, March 10, 2015 6:00 PM

City Council Chambers

23920 Valencia Blvd. Santa Clarita, CA 91355

AGENDA

PUBLIC FINANCING AUTHORITY – No New Business

How to Address the City Council

You may address the Council during Public Participation on any matter within the Council's jurisdiction that is not listed on the agenda. Each person wishing to speak should prepare a presentation of not more than three (3) minutes. Public Participation speaker's cards must be submitted to the City Clerk BEFORE this portion of the meeting begins. Public Participation takes place before the consideration of the agenda items and following the consideration of agenda items. However, each person will be allowed to speak only one time during Public Participation per meeting.

Anyone wishing to address an item on the agenda should fill out a speaker's card and submit it to the City Clerk BEFORE the Mayor announces the item. Each person addressing the Council is given three (3) minutes to speak indicated by a colored light system on the Council dais; a green light appears when the speaker begins; a yellow light appears when 30 seconds remain and a red light appears when time has expired. Comments should be complete at this time. Each presentation may not exceed three (3) minutes. ______________________________________________________________________________ In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, (661) 255-4391. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II) ______________________________________________________________________________

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INVOCATION - BOYDSTON

CALL TO ORDER

ROLL CALL

FLAG SALUTE Daniel Goodyear of Troop 58

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 – Mayor to inquire whether there are any changes to the Agenda or if any member of the Council or the public would like to pull for discussion, any item on the Consent Calendar.

PUBLIC PARTICIPATION This time has been set aside for the public to address the City Council on items NOT listed on the agenda. The City Council will not act upon these items at this meeting other than to review and/or provide direction to staff. All speakers must submit a speaker’s card to the City Clerk PRIOR to the beginning of this portion of the meeting. Thirty minutes are allotted for public input at this time. The FIRST TEN people to submit a speaker card prior to the beginning of Public Participation will be heard. Speaker cards will be accepted beginning at 5:45 p.m. Any speaker cards received once the first speaker has begun will be heard at the end of the meeting regardless if the ten person limit has been met. Speakers may not exceed three (3) minutes and may only be heard once per meeting under Public Participation.

STAFF COMMENTS

COMMITTEE REPORTS/COUNCILMEMBER COMMENTS _____________________________________________________________________________

CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine and will be enacted by one motion by the City Council. The items are not individually discussed by the City Council unless a request is made by a member of the public or the Council, in which case, the item(s) will be removed from the Consent Calendar and will be considered separately.

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1. APPROVAL OF MINUTES - The minutes of the Joint City Council / Board of Library Trustees and City Council Acting as the Governing Board of the Successor Agency to the Former Santa Clarita Redevelopment Agency meetings are submitted for approval.

RECOMMENDED ACTION:

City Council / Board of Library Trustees and City Council Acting as the Governing Board of the Successor Agency to the Former Santa Clarita Redevelopment Agency: Approve the minutes of the February 24, 2015, special and regular meetings.

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2. READING OF ORDINANCE TITLES - Government Code Section 36934 requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read.

RECOMMENDED ACTION:

City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading.

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3. RESOLUTION TO ESTABLISH NO-STOPPING ANYTIME ZONES ALONG THE EAST AND WEST SIDES OF MEGAN DRIVE - The City of Santa Clarita received a request from the Stetson Ranch Homeowners Association to establish no-stopping anytime zones along both sides of Megan Drive.

RECOMMENDED ACTION:

City Council adopt a resolution establishing no-stopping anytime zones on Megan Drive between Brandon Circle and Gary Drive (1,050 feet on the east side and 1,300 feet on the west side).

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4. TAX-SHARING RESOLUTIONS FOR SANITATION DISTRICT ANNEXATION NO. 1077 - The Santa Clarita Valley Sanitation District (District) provides wastewater treatment services within the District's service area. To provide wastewater treatment service to properties located outside the District's service area, the boundary must be expanded through the annexation process.

RECOMMENDED ACTION:

City Council adopt the Santa Clarita Valley Sanitation District's resolutions approving

and accepting the negotiated exchange of property tax revenues resulting from Santa Clarita Valley Sanitation District Annexation No. 1077.

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5. RESOLUTION AUTHORIZING THE TRANSFER OF THE FRANCHISEE ASSIGNMENT OF TEMPORARY BIN AND ROLL-OFF SERVICE FROM CROWN DISPOSAL CO., INC., TO RECOLOGY LOS ANGELES - This resolution will allow for the transfer of the franchisee assignment of temporary bin and roll-off service from Crown Disposal Co., Inc., to Recology Los Angeles due to the sale of business.

RECOMMENDED ACTION:

City Council approve a resolution authorizing the reassignment of a temporary bin and roll-off service franchise from Crown Disposal Co., Inc., to Recology Los Angeles.

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6. ACQUISITION OF REAL PROPERTY LOCATED AT 28111 SAND CANYON ROAD, SANTA CLARITA CA. ASSESSORS PARCEL NO. 2840-005-052 - Acquisition of this property will enhance the City's on-going efforts to increase the multi-use trail along Sand Canyon Road.

RECOMMENDED ACTION:

City Council:

1. Approve the purchase of 28111 Sand Canyon Road, Assessor’s Parcel No. 2840-005-052, for future infrastructure and right of way, at a total cost of $540,000, which includes property purchase price of $470,000, and $20,000 for escrow, title, surveying fees and due diligence costs, and $50,000 for abatement and removal costs.

2. Appropriate $100,000 from the Eastside Bridge and Thoroughfare District Fund Balance (Fund 301) to Expenditure Account 14404-5201.004.

3. Appropriate $300,000 from General Fund Contingency Account 19300-5401.001 (Fund 100) to Expenditure Account 19000-5201.004.

4. Appropriate $140,000 from Park Dedication (Quimby) Fund Balance (Fund 305) to Expenditure Account 15502-5201.004.

5. Authorize the City Manager, or designee, to execute all documents, subject to City Attorney approval.

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7. RESOLUTION AUTHORIZING THE CITY TO JOIN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND JOIN COMMERCIAL PACE PROGRAMS THROUGH CEDA AND CALIFORNIA COMMUNITIES - Staff recommends the City Council approve the participation in CEDA’s Figtree PACE Financing Program and CSCDA’s Open PACE program, in addition to the already available Los Angeles County PACE Financing Program.

RECOMMENDED ACTION:

City Council: 1. Adopt a resolution approving associate membership by the City in the California Enterprise Development Authority (CEDA); authorizing and directing the execution of an associate membership agreement relating to associate membership of the City in the authority; authorizing the City to join the Figtree PACE program; authorizing the CEDA to conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Santa Clarita; and authorizing related actions. 2. Adopt a resolution authorizing the City to join in the California Statewide Communities Development Authority (CSCDA) Open PACE program; authorizing the CSCDA to conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Santa Clarita; and authorizing related actions.

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8. RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT CONTRACT 14-00091 - Renewal of Contract Number 14-00091, which provides landscape services for the following three LMD zones: 7 (Creekside), 19 (Bridgeport/Bouquet), and T1 (Faircliff).

RECOMMENDED ACTION:

City Council:

1. Approve the first and only renewal option for landscape services under contract 14-00091 to Oakridge Landscape, Inc. for landscape maintenance services for Landscape Maintenance District (LMD) Zones 7 (Creekside), 19 (Bridgeport/Bouquet), and T1 (Faircliff) in the amount of $84,904; and authorize a contingency amount of $19,500 for a total annual amount not to exceed $104,404.

2. Authorize the City Manager or designee to execute the contract and associated documents subject to City Attorney approval, contingent upon the appropriation of funds by the City Council in the annual budget for such Fiscal Year.

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9. CHECK REGISTER NO. 5 FOR THE PERIOD 02/06/15 THROUGH 02/19/15 AND 02/26/15. ELECTRONIC FUNDS TRANSFERS FOR THE PERIOD 02/13/15 THROUGH 02/26/15. - Check Register No. 5 for the Period 02/06/15 through 02/19/15 and 02/26/15. Electronic Funds Transfers for the Period 02/13/15 through 02/26/15.

RECOMMENDED ACTION:

City Council approve and ratify for payment the demands presented in Check Register No. 5.

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PUBLIC HEARINGS ______________________________________________________________________________

10. RESULTS OF THE CDBG ANNUAL COMMUNITY NEEDS ASSESSMENT - Results of the Community Development Block Grant annual Community Needs Assessment

RECOMMENDED ACTION:

City Council to conduct a public hearing and receive information regarding the results of the annual Community Needs Assessment conducted as part of the Community Development Block Grant (CDBG) Program.

UNFINISHED BUSINESS ______________________________________________________________________________

11. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 6.02 - MANUFACTURED HOME PARK RENTAL ADJUSTMENT PROCEDURES - City Council to conduct second reading and consider adoption of the proposed ordinance amending Chapter 6.02 - Manufactured Home Park Rental Adjustment Procedures, incorporating changes requested by Council at their February 24, 2015, meeting.

RECOMMENDED ACTION:

City Council adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 6.02 - MANUFACTURED HOME PARK RENTAL ADJUSTMENT PROCEDURES."

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NEW BUSINESS ______________________________________________________________________________

12. SANTA CLARITA VALLEY SANITATION DISTRICT'S DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR ALTERNATIVE DEEP WELL INJECTION SITE - At the February 24 City Council meeting, the City Council directed staff to bring an item to the next regularly scheduled meeting to discuss and provide direction regarding the Santa Clarita Valley Sanitation District's Draft Supplemental Environmental Impact Report for Alternative Deep Well Injection Site.

RECOMMENDED ACTION:

City Council: 1. Provide direction to staff regarding whether to request an extension to the comment

period for the Santa Clarita Valley Sanitation District’s Draft Supplemental Environmental Impact Report for Alternative Deep Well Injection Site.

2. Provide direction to staff regarding whether to request consideration of alternative

solutions to the proposed deep well injection site. ______________________________________________________________________________

PUBLIC PARTICIPATION This time has been set aside for any speakers that have turned in speaker cards and were not heard in the first thirty minutes allotted to address the City Council on items that are NOT on the agenda. No further speaker cards will be accepted once Public Participation begins. Speakers may not address items that have been considered this evening. Speaker cards may not be submitted relating to any items listed on the agenda.

STAFF COMMENTS

ADJOURNMENT In memory of David E. Bourne

FUTURE MEETINGS The next Joint Regular Meeting of the City Council will be held Tuesday, March 24, 2014 at 6:00 p.m. in the Council Chambers, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA.

CERTIFICATION I, Kevin Tonoian, City Clerk, do hereby certify that I am the duly appointed and qualified City Clerk for the City of Santa Clarita and that on March 5, 2015, between the hours of 9:00 a.m. and 5:00 p.m., the foregoing agenda was posted at City Hall and the Santa Clarita Sheriff's Station.

_______________________________________ Kevin Tonoian City Clerk Santa Clarita, California

Agenda Item: 1


AGENDA REPORT

CONSENT CALENDAR

_____________________ CITY MANAGER APPROVAL:

DATE: March 10, 2015

SUBJECT: APPROVAL OF MINUTES

DEPARTMENT: Administrative Services

PRESENTER: Kevin Tonoian

RECOMMENDED ACTION

City Council / Board of Library Trustees and City Council Acting as the Governing Board of the

Successor Agency to the Former Santa Clarita Redevelopment Agency: Approve the minutes of

the February 24, 2015, special and regular meetings.

BACKGROUND

The minutes from the previous City Council and Joint City Council / Board of Library Trustees

and City Council Acting as the Governing Board of the Successor Agency to the Former Santa

Clarita Redevelopment Agency meetings are submitted for approval.

ALTERNATIVE ACTION

Amendments to the minutes may be approved as necessary.

FISCAL IMPACT

None by this action.

ATTACHMENTS

February 24, 2015 Special Meeting Minutes

February 24, 2015 Regular Meeting Minutes

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City Council

Special Meeting

~ Minutes ~

Tuesday, February 24, 2015 5:30 PM City Council Chambers

Page 1

CALL TO ORDER

Mayor McLean called to order the special meeting at 5:31 p.m.

PUBLIC PARTICIPATION

No requests to speak were received.

CLOSED SESSION

Joseph Montes, City Attorney, advised of the need to conduct a Closed Session for the purpose

of holding a:

CONFERENCE WITH LEGAL COUNSEL –ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section

54956.9: 1 matter.

RECESS TO CLOSED SESSION

Mayor McLean recessed the meeting to Closed Session at 5:32 p.m.

RECONVENE TO OPEN SESSION

Mayor McLean reconvened the meeting at 6:00 p.m.

CITY ATTORNEY ANNOUNCEMENT

Joseph Montes, City Attorney, announced that no action was taken in Closed Session that was

required to be reported.

ADJOURN

Mayor McLean adjourned the meeting at 6:05 p.m.

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City Council / Board of Library Trustees

and City Council Acting as the Governing Board

of the Successor Agency to the Former

Santa Clarita Redevelopment Agency

Regular Meeting

~ Minutes ~

Tuesday, February 24, 2015 6:00 PM City Council Chambers

INVOCATION

Mayor McLean delivered the invocation.

CALL TO ORDER

Mayor/President McLean called to order the regular joint meeting of the City Council/Board of

Library Trustees at 6:05 p.m.

ROLL CALL

All Councilmembers were present.

FLAG SALUTE

A member of the Zonta's International 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 Weste, second by Kellar, to approve the agenda, pulling item 3 for a

separate vote, and items 2 and 4 for public comment.

Hearing no objections, it was so ordered.

AWARDS AND RECOGNITIONS

Mayor McLean and Council recognized Jimmy Warshawsky for being a final four contestant on

MasterChef Junior and presented him with a certificate.

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Mayor McLean and Council recognized the new Saugus High School Z Club which was recently

chartered by Zonta International and presented them with a certificate.

PRESENTATIONS

Dr. Matteo Dinolfo, Medical Director, Community Practices, and Robbie Gluckson, Director,

Marketing, Development & Community Outreach gave a presentation on UCLA Health services

in Santa Clarita.

PUBLIC PARTICIPATION

Addressing the Council was Gary Morgan, representing the West Ranch Estates Homeowners'

Association (HOA), concerning the proposed deep well injection site; Paul Ash, representing the

Stevenson Ranch HOA, concerning the proposed deep well injection site; Erum Jones regarding

the proposed deep well injection site; Robert Nakamura, representing the Westridge Master

HOA, regarding the proposed deep well injection site; Tim Pluma, representing Southern Oaks

HOA, regarding the proposed deep well injection site; Keith Pritsker, regarding the proposed

deep well injection site; Neal Weichel, regarding the proposed deep well injection site; Vince

Lionetti regarding the proposed deep well injection site; Elliott O’Neil regarding the proposed

deep well injection site; Aimee Merrilees regarding the proposed deep well injection site.

Mayor McLean urged residents to contact the Regional Water Quality Control Board, the State

Water Resources Control Board, and the Governor's Office.

Mayor Pro Tem Kellar commented on the City's ongoing effort to fight the Regional Water

Quality Control Board and the State, and requested, with Council concurrence, the City Council

agendize this matter for discussion for the Council meeting of March 10, 2015.

Councilmember Boydston commented on chloride levels previously established by the Regional

Water Quality Control Board.

Councilmember Weste commented on the history of the chloride matter and the challenges

imposed by the Federal and State government.

RECESS AND RECONVENE

Mayor McLean recessed the meeting at 7:22 p.m. and reconvened at 7:38 p.m.

COMMITTEE REPORTS/COUNCILMEMBER COMMENTS

Councilmember Weste commented on the successful Celebrity Waiter event which benefited the

SCV Senior Center; commented on the future widening of the Golden Valley Road Bridge; and

requested that Council adjourn in memory of Ruth Levine.

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Councilmember Acosta commented on participating in the Celebrity Waiter event; commented

on attending the annual luncheon at the Kids Cooking Campaign; and commented on the recent

Public Safety Sub-Committee meeting.

Mayor Pro Tem Kellar waived his remarks in the interest of time.

Councilmember Boydston commented on the recent Public Safety Sub-Committee.

Mayor McLean invited residents to attend the groundbreaking ceremony for bridge widening

project on Golden Valley Road on March 4, 2015; and requested the meeting be adjourned in the

memory of Ralph Edward Gray, Sr.

CONSENT CALENDAR

RESULT: APPROVED [UNANIMOUS, WITH EXCEPTION OF ITEM 3] MOVER: Bob Kellar, Mayor Pro Tem

SECONDER: Laurene Weste, Councilmember

AYES: Acosta, Boydston, Kellar, Weste, McLean

ITEM 1

APPROVAL OF MINUTES

The minutes of the Joint City Council and Board of Library Trustees meeting are submitted for

approval.

RECOMMENDED ACTION:

City Council and Board of Library Trustees: Approve the minutes of the February 10, 2015,

special and regular meetings.

ITEM 2

GOLDEN VALLEY ROAD BRIDGE WIDENING OVER STATE ROUTE 14, PROJECT

S3028 – AWARD CONSTRUCTION CONTRACT

This project will widen the Golden Valley Road bridge over State Route 14 to provide two

through lanes in each direction, two dedicated left-turn lanes onto northbound State Route 14,

and one dedicated left-turn lane onto southbound State Route 14. Improvements will also include

a six-foot-wide sidewalk on the north side of the bridge and a Class 1 bicycle trail on the south

side of the bridge.

RECOMMENDED ACTION:

City Council:

1. Approve the plans and specifications for the Golden Valley Road Bridge Widening over

State Route 14, Project S3028.

2. Award the construction contract to Security Paving Company, Inc., in the amount of

$6,437,715, and authorize a contingency in the amount of $965,700, for a total contract

amount not to exceed $7,403,415.

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3. Award professional services contract for construction support to MNS Engineers, Inc., in

the amount of $1,412,210 for the resident engineer, bridge inspector for night work and

peak work load, surveying, material testing, source inspection, and construction staking.

4. Authorize Reimbursable Letter of Agreement with the California Highway Patrol in the

amount of $100,000 for the Construction Zone Enhanced Enforcement Program during

construction.

5. Authorize the following transactions to fund the Golden Valley Road Bridge Widening Over

State Route 14, Project S3028:

Appropriate $3,980,146 to Proposition C Grant revenue account 265-4422.008 and

appropriate $3,980,146 to Golden Valley Road over State Route 14 Bridge Widening

project expenditure account S3028265-5161.001.

Authorize the transfer of project savings in the amount of $95,000 in Landscape

Maintenance District funds (Fund 357) from Sand Canyon Road/State Route 14

Beautification project, expenditure account B3003357-5161.001, to Golden Valley Road

over State Route 14 Bridge Widening project, expenditure account S3028357-5161.001.

Authorize the appropriation of $5,473,711 in Eastside Bridge and Thoroughfare funds

(Fund 301) to Golden Valley Road over State Route 14 Bridge Widening project

expenditure account S3028301-5161.001.

6. Authorize the City Manager or designee to execute all necessary documents, subject to the

approval of the City Attorney.

Addressing the Council on this item was Alan Ferdman, representing the Canyon Country

Advisory Committee.

ITEM 3

IAC DEMOLITION

This item will authorize the expenditure to allow for the demolition of the building located at

22520 Lyons Avenue using rental income received from the previous tenant of the property.

RECOMMENDED ACTION:

City Council appropriate $66,000 from Fund 393 City Housing Successor fund balance to

expenditure account 13405-5161.001 in order to demolish the existing structure located at 22520

Lyons Avenue.

Councilmember Weste recused herself from participating on this item due to the location of her

property to the subject matter.

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RESULT: APPROVED [4 TO 0] MOVER: Dante Acosta, Councilmember

SECONDER: Bob Kellar, Mayor Pro Tem

AYES: Acosta, Boydston, Kellar, McLean

RECUSED: Laurene Weste, Councilmember

______________________________________________________________________________

ITEM 4

AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND THE SUCCESSOR

AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF

SANTA CLARITA AUTHORIZING THE REPAYMENT OF LOANS MADE FROM

THE CITY TO THE REDEVELOPMENT AGENCY

Throughout the course of the existence of the Redevelopment Agency, the City has loaned funds

to the Redevelopment Agency for administrative purposes and to fund redevelopment projects

undertaken by the Agency. As part of the dissolution process of the Redevelopment Agency, a

new agreement for repayment must be entered in to in order for the City to be repaid.

RECOMMENDED ACTION:

1. City Council adopt a resolution approving an “Agreement Regarding Reinstatement of

Loan,” and direct the City Manager to execute the agreement; and

2. Successor Agency Board adopt a resolution approving an “Agreement Regarding

Reinstatement of Loan,” direct staff to bring this action to the Oversight Board for their

approval, and upon concurrence from the Oversight Board and the Department of

Finance, direct staff to execute the agreement.

Addressing the Council on this item was Cam Noltemeyer.

ITEM 5

CHECK REGISTER NO. 4 FOR THE PERIOD 01/23/15 THROUGH 02/05/15 AND

02/12/15. ELECTRONIC FUNDS TRANSFERS FOR THE PERIOD 01/30/15 THROUGH

02/12/15.

Check Register No. 4 for the Period 01/23/15 through 02/05/15 and 02/12/15.

Electronic Funds Transfers for the Period 01/30/15 through 02/12/15.

RECOMMENDED ACTION:


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NEW BUSINESS

ITEM 6

FIRST READING OF AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING

CHAPTER 6.02 OF MANUFACTURED HOME PARK RENT ADJUSTMENT

PROCEDURES

An update process has been completed for Santa Clarita Municipal Code 6.02 - Manufactured

Home Park Rent Adjustment Procedures. These updates include the re-ordering of sections for

ease of use and understanding, removal of some little-used sections, clarification of the language

in some sections, broadening of the Manufactured Home Rental Adjustment Panel's discretion in

some areas, and a reduction in the types of space rent increases allowed in a non-standard space

rent increase.

RECOMMENDED ACTION:

City Council discuss, approve, and pass to second reading an ordinance entitled "SANTA

CLARITA MUNICIPAL CODE 6.02 - MANUFACTURED HOME RENT ADJUSTMENT

PROCEDURES."

Housing Program Administrator Erin Lay presented the staff report advising of the proposed

changes to the Manufactured Home Rent Adjustment Procedures ordinance.

Addressing the City Council was Doug Fraser, speaking on behalf of Myriam Diez; Alan

Ferdman, representing the Canyon Country Advisory Committee; Nancy Must, representing the

Greenbrier and Cordova Mobile Home Parks; Mary Orr, representing Newport Pacific Capital;

James Litz, representing the Western Manufactured Housing Association; Elaine Ballace; Ray

Henry; Ranferi Galan; Doug Fraser; Fausto Martinez; Deny Orellana; Donal Arana; Felipe

Rosas; Lourdes Rivaficha; Hermelinda Beltran; Maria Beltran; Romeo Cisneros; Pedro Rivera;

Adelaida Lopez; Martha Urquiza; Bardomiano Lopez; Leonel Gonzalez; Hermilo Ochoa; Beth

Simon, speaking as a member of the Manufactured Home Rent Adjustment Panel; Cam

Noltemeyer; Kim Smith; and Patti Sulpizio.

Two written comments were received.



Councilmember Acosta inquired how rates were modified prior to the adoption of the original

ordinance in 1991 and the Council's ability to provide input on the appeal form; commented on

the need to find a balance; and requested Council consideration to reduce the minimum annual

increase to 2.6%.

Councilmember Weste indicated her agreement with Councilmember Acosta; commented on the

differing maintenance levels among various mobile parks; and indicated support for an annual

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increase of 2.6% and adjusting the maximum cap from 6% to 5%.

City Attorney Joseph Montes provided Council with an explanation of what current law allows

concerning modifications to existing Mobile Home Park Rental Adjustment ordinance.



Councilmember Boydston commented regarding reaching a balance between rent increases and

park operational costs; commented regarding concessions made by park owners; and requested

that increases beyond the current consumer price index should require the completion of park

improvements.

Mayor Pro Tem Kellar expressed concerns with including provisions in the ordinance requiring

park owners to make improvements.

Mayor McLean inquired on the legal ability of a park owner to increase rent on three instances

during a 13-month period; inquired of the City Attorney if the current Municipal Code requires

park owners to maintain their properties in good order; and indicated her support for providing

the Panel with the ability to review the appeal form drafted by staff.

City Attorney Joseph Montes responded that maintenance inside of mobile parks is administered

by the State and not a matter which can be addressed by City code enforcement staff.

Housing Program Administrator Erin Lay added the State of California maintains an office

which addresses park maintenance issues; and indicated when a rent increase is proposed park

owners are required to post a summary of the residents' rights.

Following discussion, Councilmember Acosta made a motion to approve the first reading of the

ordinance, with the following changes: reduce the current CPI-U allowed from 3% to 2.6% base,

and adjust the current 6% maximum to a 5% maximum cap; and to refer the appeal form to the

Manufactured Home Rent Adjustment Panel for review and approval.

RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Dante Acosta, Councilmember

SECONDER: Bob Kellar, Mayor Pro Tem

AYES: Acosta, Boydston, Kellar, Weste, McLean

PUBLIC PARTICIPATION II

Addressing the Council was Doug Fraser concerning Ordinance 6.02; Alan Ferdman, regarding

the deep well injection site; John Yoon regarding the deep well injection site; Allan Cameron,

regarding fines issued by the Regional Water Quality Control Board; Jared Schnackenberg

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regarding the deep well injection site; Trevor Pooley, regarding the deep well injection site; and

Marilee Christofferson regarding the deep well injection site.

Sixteen written comment cards were received regarding the deep well injection site.

STAFF COMMENTS

The City Manager indicated that a second reading of the Manufactured Home Rent Adjustment

Procedures Ordinance would take place at the March 10, 2015 meeting.

ADJOURNMENT

Mayor McLean adjourned the meeting in memory of Ruth Levine and Ralph Edward Gray, Sr.

At 10:55 p.m.

______________________________________

ATTEST: MAYOR

______________________________________

CITY CLERK

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Agenda Item: 2


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: READING OF ORDINANCE TITLES



RECOMMENDED ACTION

City Council determine that the titles to all ordinances which appear on this public agenda have

been read and waive further reading.

BACKGROUND

Government Code Section 36934 requires that all ordinances be read in full prior to Council

taking action on the ordinance. By listing the ordinance title on the Council meeting agenda,

Council may determine that the title has been read. In addition, by placing an item on the

Consent Calendar to waive further reading of all ordinances whose titles appear on the public

agenda, the reading requirement set forth in the Government Code is satisfied once Council

approves the Consent Calendar item.

This provides an opportunity to streamline the process and shorten Council meetings and is in

compliance with the Government Code regarding the introduction and adoption of ordinances.

ALTERNATIVE ACTION

The City Attorney or City Clerk would read aloud all ordinance titles prior to Council

introducing or adopting any ordinance.

FISCAL IMPACT


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Agenda Item: 3


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: RESOLUTION TO ESTABLISH NO-STOPPING ANYTIME ZONES

ALONG THE EAST AND WEST SIDES OF MEGAN DRIVE

DEPARTMENT: Public Works

PRESENTER: Andrew Yi

RECOMMENDED ACTION

City Council adopt a resolution establishing no-stopping anytime zones on Megan Drive between

Brandon Circle and Gary Drive (1,050 feet on the east side and 1,300 feet on the west side).

BACKGROUND

The City of Santa Clarita received a request from the Stetson Ranch Homeowners Association to

establish no-stopping anytime zones along both sides of Megan Drive. Community residents

recently became concerned with visitors and undesirable activities in the parkway areas.

Residents believe removing parking along Megan Drive will increase visibility into the parkway

areas, enhance security, and improve the aesthetic appearance of their neighborhood.

Staff contacted adjacent residents, who indicated their support of the proposed no-stopping

anytime zones. Staff also reviewed the current on-street parking demands in the area and

determined the proposed no-stopping anytime zones along Megan Drive will have minimal

impact on the neighborhood parking needs.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

The installation of 17 signs on Megan Drive will cost approximately $2,000. Funds are available

in the Street Maintenance Traffic Signs and Markings expenditure account 14504-5141.008.

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ATTACHMENTS

Resolution

Location Map

Proposed No-Stopping Anytime Zones Diagram

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RESOLUTION NO. 15- _______

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING

NO-STOPPING ANYTIME ZONES ALONG THE

EAST AND WEST SIDES OF MEGAN DRIVE

WHEREAS, Section 22507 of the Vehicle Code of the State of California provides

for local authorities to prohibit stopping, standing, or parking of vehicles on certain streets or

highways or portion thereof during certain or all hours of the day; and

WHEREAS, a request was made to establish no-stopping anytime zones along the

east side of Megan Drive, extending 1,050 feet from Brandon Circle to 170 feet north of Gary

Drive and along the west side of Megan Drive, extending 1,300 feet from Brandon Circle to

Gary Drive.

NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve

as follows:

SECTION 1. That 1,050 feet of no-stopping anytime zone along the east side of Megan

Drive and 1,300 feet of no-stopping anytime zone along the west side of Megan Drive shall be

established.

SECTION 2. That establishing the no-stopping anytime zones shall apply when

appropriate signs and/or curb markings giving adequate notice thereof have been placed as

described in Section 1.

SECTION 3. That staff shall install the necessary signs and/or curb markings to effect

this resolution.

PASSED, APPROVED, AND ADOPTED this __th

day of ________ 2015.

______________________________

MAYOR

ATTEST:

_______________________________

CITY CLERK

DATE: __________________________

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STATE OF CALIFORNIA )

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I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the

foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a

regular meeting thereof, held on the __th

day of ________ 2015, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

______________________________

CITY CLERK

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The City of Santa Clarita does not warrantthe accuracy of the data and assumes noliability for any errors or omissions.

Map prepared by: City of Santa Clarita - GIS

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Megan Drive - Proposed No-stopping zone

Location MapFrom Brandon Circle to Gary Drive

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Attachment: Proposed No-Stopping Anytime Zones Diagram (1148 : MEGAN DRIVE - ESTABLISHING NO-STOPPING ANYTIME ZONES)

Agenda Item: 4


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: TAX-SHARING RESOLUTIONS FOR SANITATION DISTRICT

ANNEXATION NO. 1077


PRESENTER: Travis Lange

RECOMMENDED ACTION

City Council adopt the Santa Clarita Valley Sanitation District's resolutions approving and

accepting the negotiated exchange of property tax revenues resulting from Santa Clarita Valley

Sanitation District Annexation No. 1077.

BACKGROUND

The Santa Clarita Valley Sanitation District (District), formerly known as County Sanitation

District Nos. 26 and 32, provides wastewater treatment services within the District’s service area.

To provide wastewater treatment service to properties located outside the District’s service area,

the boundary must be expanded through the annexation process. As part of this process, a tax-

sharing resolution to provide the required funding to the District is adopted by the public agency

responsible for providing services to the subject property.

Local agencies receiving an apportionment of the property tax from the annexing area, including

cities and utility districts, must determine the percentage of tax revenues to be exchanged

between the affected agencies.

Listed below are the annual tax increment percentages attributable to the land area involved in

the corresponding annexation and to be transferred to the Santa Clarita Valley Sanitation

District:

0.9902737 for Annexation No. 1077

For this total, the City of Santa Clarita (City) is contributing the following percentage of its

revenues from the annual tax increment for this annexation area:

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0.001030514 for Annexation No. 1077

There is a separate tax-sharing resolution for Santa Clarita Public Library. The following is the

percentage of the annual tax increment attributable to the land area involved in this annexation

and the percentage of revenues from the annual tax increment for this annexation area:

0.9902737 and 0.000393629 for Santa Clarita Public Library

The annexation consists of the following (see attached resolutions with corresponding map):

Annexation No. 1077 - A proposed religious center at 18027 Sierra Highway, and an existing

private school at 18045-47 Sierra Highway.

ALTERNATIVE ACTION


FISCAL IMPACT

As proposed, the annexation to the Santa Clarita Valley Sanitation District should result in no

adverse fiscal impact to the City.

ATTACHMENTS

Sanitation District Resolution and Map for City of Santa Clarita - Annexation No. 1077

Sanitation District Resolution and Map for Santa Clarita Public Library - Annexation No. 1077

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Agenda Item: 5


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: RESOLUTION AUTHORIZING THE TRANSFER OF THE

FRANCHISEE ASSIGNMENT OF TEMPORARY BIN AND ROLL-

OFF SERVICE FROM CROWN DISPOSAL CO., INC., TO

RECOLOGY LOS ANGELES


PRESENTER: Travis Lange

RECOMMENDED ACTION

City Council approve a resolution authorizing the reassignment of a temporary bin and roll-off

service franchise from Crown Disposal Co., Inc., to Recology Los Angeles.

BACKGROUND

On December 4, 2014, the City of Santa Clarita (City) was informed of an agreement between

Crown Disposal Co., Inc. (Crown Disposal), for the sale of all, or substantially all, of its assets to

Recology Inc. In addition to the sale, Crown Disposal asked to exercise the transfer of their

franchise assignment to Recology Los Angeles.

Pursuant to the California Integrated Waste Management Act of 1989, and in an effort to achieve

the 50-percent diversion requirement of Assembly Bill 939 and the Construction and Demolition

Materials Management Ordinance 15.46 of the City, the City Council awarded franchise

agreements to ten waste haulers for the purpose of providing temporary bin and roll-off service

within the City. The program has been successful in helping the City achieve the state-mandated

50-percent diversion.

The existing franchise agreement requires the City Council approve a resolution authorizing the

reassignment of the franchise to Recology Los Angeles as an approved franchised hauler.

Recology Inc. is the parent to over 40 subsidiaries, including Recology Los Angeles. These

subsidiaries partner with 119 communities in California, Washington, Oregon, and Nevada to

provide service to over 710,000 residential and 95,000 commercial customers. Recology Inc. and

its subsidiaries currently provide an array of waste collection and processing services to 120

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municipalities, including temporary bin and roll-off service to the cities of San Francisco, Dixon,

Gilroy, San Bruno, Vallejo, Mountain View, Vacaville, American Canyon, Chico, and Oroville.

In addition, Recology Inc. operates:

11 transfer stations (6 company-owned)

10 Material Recovery Facilities (MRFs)

9 compost facilities

Following the purchase of Crown Disposal, Recology Los Angeles will operate the Sun Valley

MRF and the Lamont composting facility, the largest permitted compost facility in California.

In 2013, Recology Inc. helped the City of San Francisco achieve an 80-percent total diversion

rate, diverting 63 percent of the City of San Francisco’s waste stream.

Recology Inc. and six jurisdictions it services in Yuba and Sutter Counties achieved a 70-percent

diversion rate in 2013, for the fifth consecutive year. Approximately 43 percent of the diverted

material was organics collected through Recology Inc.’s food scraps and yard trimmings

collection program.

Staff has contacted several references to ensure Recology Los Angeles can perform and meet the

requirements of the temporary bin and roll-off franchise. The existing franchise agreement will

expire December 2015.

ALTERNATIVE ACTION


FISCAL IMPACT

There is no budget impact.

ATTACHMENTS

Resolution

Notice of Sale

Contract for Crown Disposal Co., Inc. (available in the City Clerk's Reading File)

First Amendment to Contract (available in the City Clerk's Reading File)

Second Amendment to Contract (available in the City Clerk's Reading File)

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RESOLUTION 15- _______

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE TRANSFER OF

EXCLUSIVE FRANCHISEE RIGHTS FOR TEMPORARY BIN AND ROLL-OFF BOX

SOLID WASTE MANAGEMENT SERVICE FROM CROWN DISPOSAL CO., INC., TO

RECOLOGY LOS ANGELES DUE TO SALE OF BUSINESS

WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect

public health and safety by taking measures in furtherance of their authority over police and

sanitary matters; and

WHEREAS, the Legislature of the State of California, by enactment of the California

Integrated Waste Management Act of 1989, (“AB 939” or the “Act”), established a solid waste

management process, which requires cities and other local jurisdictions to implement plans for

source reduction, reuse, and recycling as integrated waste management practices for solid waste

attributed to sources within their respective jurisdictions; and

WHEREAS, California Public Resources Code § 40059 provides that aspects of solid

waste handling of local concern include, but are not limited to, frequency of collection, means of

collection and transportation, level of services, charges and fees, and nature, location and extent

of providing solid waste services, and whether the services are to be provided by means of

nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license or otherwise,

which may be granted by local government under terms and conditions prescribed by the

governing body of the local agency; and

WHEREAS, the Santa Clarita Municipal Code implements Article XI, § 7 of the

California Constitution and California Public Resources Code § 40059 in the City of Santa

Clarita (“City”); and

WHEREAS, the City is obligated to protect the public health and safety of the residents

of the City and arrangements made by solid waste enterprises and recyclers for the collection of

Temporary Bin and Roll-Off Solid Wastes should be made in a manner consistent with the

exercise of the City’s police power for the protection of public health and safety; and

WHEREAS, on February 17, 2006, the City entered into a Temporary Bin and Roll-Off

Box Solid Waste Agreement (Contract No. 06-00025) (such agreement, as amended by the First

and Second Amendments referred to in the last recital hereof, the “Agreement”) with Crown

Disposal Co., Inc.; and

WHEREAS, Crown Disposal Co., Inc., is selling substantially all of its assets to

Recology Los Angeles or an affiliate there of; and

WHEREAS, the Agreement between the City and Crown Disposal Co., Inc., requires in

Section 23, a resolution of the City Council approving any transfer by Crown Disposal Co., Inc.;

and

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WHEREAS, the City and Recology Los Angeles are mindful of the provisions of the

laws governing the safe collection, transport, recycling, and disposal of Temporary Bin and Roll-

Off Solid Waste, including the AB 939, the Resource Conservation and Recovery Act

(“RCRA”), 42 U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response,

Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq.; and

WHEREAS, the City and Recology Los Angeles desire to leave no doubts as to their

respective roles and to make it clear that by allowing the transfer from Crown Disposal Co., Inc.,

to Recology Los Angeles, the City is not thereby becoming a “generator” or an “arranger” as

those terms are used in the context of CERCLA § 107(a)(3) and that it is Recology Los Angeles,

an independent entity, not the City, which will arrange to collect Temporary Bin and Roll-Off

Solid Waste from Premises in the City of Santa Clarita, transport for recycling and disposal and

dispose of Temporary Bin and Roll-Off Solid Wastes, which may contain small amounts of

household products with the characteristics of hazardous wastes, collect and compost Green

Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa

Clarita, and collect and recycle or dispose of Construction and Demolition Materials; and

WHEREAS, Recology Los Angeles agrees to abide by the Agreement and by those

amendments to Contract 06-00025 set forth in the First Amendment approved by Santa Clarita

City Council on June 9, 2009 (Resolution 09-41), and the Second Amendment approved by

Santa Clarita City Council on December 9, 2010 (Resolution 10-89).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA

DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Transfer of Franchise

City hereby consents to the assignment of the Agreement, and the franchise provided for therein,

from Crown Disposal Co., Inc., to Recology Los Angeles effective as of the date hereof. Upon

the date hereof, Recology Los Angeles shall be successor in interest to Crown Disposal Co.,

Inc.’s franchise and shall with those other solid waste enterprises granted similar franchises, have

an exclusive duty, right, and privilege to collect, transport, process, recycle, compost, retain, and

dispose of all Temporary Bin and Roll-Off Solid Waste, as defined in the Agreement, produced,

generated, and/or accumulated at premises in the City, except as provided below or elsewhere in

the Agreement. The collection and disposal of residential solid waste from single-family and

multi-family residences or other similar places is not within the scope of the Agreement, but is

within the scope of a separate “Residential Agreement.” The collection and disposal of

Construction and Demolition Materials from residential and commercial Premises through the

use of roll-off or other bins is within the scope of the Agreement. However, accumulation,

collection, and recycling or disposal of Construction and Demolition Materials by a licensed

contractor, e.g., a roofing contractor, performing work within the scope of the contractor’s

license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the

contractor, is not within the scope of the Agreement.

SECTION 2. Term of Franchise

Recology Los Angeles accepts and acknowledges that collection services under the

aforementioned franchise and the Agreement shall be provided for a period terminating at

midnight on December 31, 2015, unless sooner terminated.

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SECTION 3. Cash Bond

City has on file a cash bond from Crown Disposal Co., Inc., as required by Section 18 of the

Agreement. That bond shall remain with the City until Recology Los Angeles deposits with the

City a cash bond meeting the requirements of Section 18. After the deposit of Recology Los

Angeles’ bond, City shall within a reasonable period return Crown Disposal Co., Inc.’s bond, or

Crown Disposal Co., Inc., may terminate the same.

SECTION 4. Bin Labeling

Notwithstanding anything to the contrary in Section 22.E of the Agreement, Recology Los

Angeles will not be obligated to pay the City liquidated damages if a Bin is out of compliance

with Section 7 of the Agreement at any time within the 90-day period following the effective

date of assignment of the Agreement.

SECTION 5. Remainder of Agreement Intact

Except as specifically identified in this resolution, the terms of the Agreement (including the

First Amendment and Second Amendment) remain in full force and effect. The City Clerk shall

certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this day of 2015.

______________________________

MAYOR

ATTEST:

_______________________________

CITY CLERK

DATE:__________________________

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regular meeting thereof, held on the day of 2015, by the following vote:




______________________________

CITY CLERK

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Agenda Item: 6


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: ACQUISITION OF REAL PROPERTY LOCATED AT 28111 SAND

CANYON ROAD, SANTA CLARITA CA. ASSESSORS PARCEL

NO. 2840-005-052

DEPARTMENT: Parks, Recreation and Community Services

PRESENTER: Rick Gould

RECOMMENDED ACTION

City Council:

1. Approve the purchase of 28111 Sand Canyon Road, Assessor’s Parcel No. 2840-005-052,

for future infrastructure and right of way, at a total cost of $540,000, which includes

property purchase price of $470,000, and $20,000 for escrow, title, surveying fees and

due diligence costs, and $50,000 for abatement and removal costs.

2. Appropriate $100,000 from the Eastside Bridge and Thoroughfare District Fund Balance

(Fund 301) to Expenditure Account 14404-5201.004.

3. Appropriate $300,000 from General Fund Contingency Account 19300-5401.001 (Fund

100) to Expenditure Account 19000-5201.004.

4. Appropriate $140,000 from Park Dedication (Quimby) Fund Balance (Fund 305) to

Expenditure Account 15502-5201.004.

5. Authorize the City Manager, or designee, to execute all documents, subject to City

Attorney approval.

BACKGROUND

In January 2015, the City entered into negotiations to purchase a property located at the

southwest corner at the intersection of Sand Canyon Road and Lost Canyon Road. The parcel is

41,780 square feet. It was originally improved in 1957 with an approximately 2,000 square foot

single family residence and two garage buildings. The property was listed for sale through

Century 21 All Moves, and was offered for sale at $489,999.

Acquisition of this property will enhance the City's on-going efforts to increase the multi-use

trail along Sand Canyon Road. If purchased, the property will provide additional street right-of-

way and an opportunity for a future trail head with connections to the City's existing open space

and adjacent trails located north and south of the subject property. As the development of the

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proposed roundabout at the subject intersection moves forward, ownership of this parcel will

allow for much greater flexibility in final design of the improvement. Along with the design

flexibility, the land will also provide room for ample construction staging, speeding up the

progress of the contractor and minimizing inconvenience to the neighbors and the driving public.

Advancing the trail network through this intersection will also improve pedestrian safety and

access to nearby Sulphur Springs Elementary School and Pinecrest School. The site may provide

space for a monument sign or other gateway feature into Sand Canyon, in conjunction with

existing beautification efforts.

The total estimated acquisition costs associated with the purchase of this property is $540,000.

This includes $470,000 purchase price for the property; $20,000 for escrow fees, title fees,

surveying fees, and due diligence costs; and $50,000 for abatement and removal costs.

Appropriations made from the General Fund will be reimbursed by required developer fees, to be

paid by Vista Canyon Ranch (in support of trail amenities to connect Vista Canyon Ranch to the

Sand Canyon trail), per the development agreement.

This acquisition is in compliance with Government Code Section 65402 regarding General Plan

consistency. It has been reviewed pursuant to the California Environmental Quality Act (CEQA)

and the acquisition is exempt under CEQA guidelines Section 15061 (b) (3), as a transfer of

ownership will not change the current use or create any immediate impacts. Any subsequent or

proposed changes in the use or condition of the property will be subject to CEQA.

ALTERNATIVE ACTION

1. Direct staff to cease the purchase of the property.

2. Other action as determined by the City Council.

FISCAL IMPACT

Upon approval of the requested appropriations there will be sufficient funds available for the

acquisition of real property located at 28111 Sand Canyon Road, Santa Clarita, Parcel No. 2840-

005-052, which includes property purchase price of $470,000, $20,000 for escrow, title,

surveying fees and due diligence costs, and $50,000 for abatement and removal costs.

Appropriations from the General Fund will be reimbursed by the required developer fees to be

paid by Vista Canyon Ranch.

ATTACHMENTS

Aerial Map

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Agenda Item: 7


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: RESOLUTION AUTHORIZING THE CITY TO JOIN THE

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND

JOIN COMMERCIAL PACE PROGRAMS THROUGH CEDA AND

CALIFORNIA COMMUNITIES

DEPARTMENT: Community Development

PRESENTER: Jason Crawford

RECOMMENDED ACTION

City Council:

1. Adopt a resolution approving associate membership by the City in the California Enterprise

Development Authority (CEDA); authorizing and directing the execution of an associate

membership agreement relating to associate membership of the City in the authority; authorizing

the City to join the Figtree PACE program; authorizing the CEDA to conduct contractual

assessment proceedings and levy contractual assessments within the territory of the City of Santa

Clarita; and authorizing related actions.

2. Adopt a resolution authorizing the City to join in the California Statewide Communities

Development Authority (CSCDA) Open PACE program; authorizing the CSCDA to conduct

contractual assessment proceedings and levy contractual assessments within the territory of the

City of Santa Clarita; and authorizing related actions.

BACKGROUND

Property Assessed Clean Energy (PACE) financing allows property owners to finance 100% of

the cost of eligible improvements, such as solar energy systems, Energy Star windows and doors,

and high-efficiency air conditioning units, through an assessment on the property that is paid

over time through property taxes, rather than a conventional loan which would be tied to the

business or the business owner.

The program was created as part of Assembly Bill (AB) 811, signed into law on July 21, 2008,

and AB 474, effective January 1, 2010, amended Chapter 29 of Part 3 of Division 7 of the Streets

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& Highways Code of the State of California (Chapter 29) which authorized a legislative body to

designate an area within which willing property owners may enter into voluntary contractual

assessments to finance the installation of renewable energy resources, energy efficiency

measures, and/or water conservation improvements which are permanently fixed to real property

in an effort to make these types of improvements more affordable and more desirable.

Benefits to property owners include:

Access to funds for property improvements: In today’s economic environment,

alternatives for property owners to finance renewable energy, energy efficiency, and

water conservation improvements may not be available. Therefore, many property

owners do not have options available to them to lower their utility bills.

Property owners’ personal credit is not involved: The amount financed is based on the

assessed value of the subject property and doesn’t involve the borrowers’ personal

financial rating (FICO) score. Commercial property owners appreciate the off-balance-

sheet financing that doesn’t impact their capacity to borrow for other business needs, and

qualification for PACE financing doesn’t require a personal guarantee.

100% Financing: PACE allows owners of commercial properties to finance up to 100%

of project costs, allowing projects to be amortized over a longer period of time so they

can be “cash-flow positive” from day one.

Energy and water savings: Renewable energy, energy efficiency, and water conservation

improvements help lower utility bills. In addition, the interest paid may be tax-deductible.

Increased property values: More efficient properties are typically worth more and sell

more quickly.

Payment obligation is tied to the property: If the property is sold, the financing

assessment stays with the property and transfers to the new property owner since the

improvements remain with the property.

The program is voluntary: Participation in the program is voluntary, and only those

property owners who wish to participate in the program will pay an assessment.

While the PACE program provides financing options for both residential and commercial

property owners for a wide range of eligible property improvements, staff is recommending

participation in commercial PACE programs at this time. By encouraging business owners to use

energy and water more efficiently, and by developing and supporting renewable energy to power

buildings, PACE programs support the City’s ongoing efforts to bolster the local economy,

create new green jobs, and improve quality of life.

Additionally, the programs are non-exclusive; meaning more than one viable PACE program is

allowed to operate in the City. Enrollment in one program does not preclude the City from

implementing other programs. Inclusion of the three following programs will provide options for

businesses and property owners in the City to determine which program best suits their needs.

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Los Angeles County Energy Program (LACEP): Currently, financing for distributed

generation renewable energy sources and energy and water efficiency improvements is

available to non-residential property owners within the City through the LACEP. City

Council adopted a resolution on March 22, 2011, authorizing the inclusion of properties

within the City into the LACEP. In the Los Angeles County program, the property owner

must choose their own PACE investor and negotiate their own rate and terms.

CEDA Figtree PACE Financing Program: Staff recommends adding the California

Enterprise Development Authority Figtree PACE Financing Program as another option

available to commercial property owners for eligible energy efficiency measures, and/or

water conservation improvements. The Figtree PACE Financing Program has been in

place since October 2010 and issued its initial bonds in December 2011. Together Figtree

and CEDA offer the program as a complete turn-key PACE solution. There are currently

over 120 cities and counties participating in the CEDA, and 103 municipalities

throughout California have already joined the Figtree PACE program. Figtree has

approached the City and indicated that they already have several million dollars in

projects for businesses anxious to use the program within the City.

CSCDA Open PACE Financing Program: Staff recommends adding the California

Statewide Communities Development Authority Open PACE Program. CSCDA has

appointed two PACE Administrators to manage the Open PACE program in order to

offer members turn-key PACE solutions that provide commercial property owners the

choice among two prequalified PACE financing providers, creating competition on terms,

service, and interest rates. The prequalified program administrators operating the CSCDA

PACE programs are AllianceNRG Program™ and Renewable Funding LLC

(administering CaliforniaFIRST). The City is already one of more than 500 cities,

counties, and special districts that are currently members of CSCDA, and 175 cities

throughout California have already joined the CSCDA’s California First PACE program.

Staff recommends the City Council approve participation in CEDA’s Figtree PACE Financing

Program and CSCDA’s Open PACE program, in addition to the already available Los Angeles

County PACE Financing Program. Being a part of these three programs will provide the business

community the option to choose the best provider and terms for their individual needs.

PACE programs support the City’s business friendly environment by providing opportunities for

businesses to decrease their costs through energy efficiency. This one program demonstrates the

City’s commitment to helping businesses and the environment.

ALTERNATIVE ACTIONS

Other action as determined by City Council

FISCAL IMPACT

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There is no fiscal impact to the City as a result of the participation in these PACE programs. The

City will not be responsible for the conduct of any assessment proceedings, the levy of

assessments, any required remedial action in the case of delinquencies, the issuance, sale or

administration of the bonds or other indebtedness issued in connection with the PACE program.

ATTACHMENTS

Resolution to authorize CEDA Figtree PACE

Resolution to join CSCDA and authorize Open PACE

SCVEDC Letter of Support - PACE Program

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

CLARITA, CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP BY

THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY; AUTHORIZING AND DIRECTING THE EXECUTION OF AN

ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE

MEMBERSHIP OF THE CITY IN THE AUTHORITY; AUTHORIZING THE

CITY TO JOIN THE FIGTREE PACE PROGRAM; AUTHORIZING THE

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT

CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY

CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE

CITY OF SANTA CLARITA; AND AUTHORIZING RELATED ACTIONS

WHEREAS, the City of Santa Clarita, California (“City”), a municipal corporation, duly

organized and existing under the Constitution and the laws of the State of California; and

WHEREAS, the City, upon authorization of the City Council, may, pursuant to Chapter 5

of Division 7 of Title 1 of the Government Code of the State of California, commencing with

Section 6500 ("JPA Law"), enter into a joint exercise of powers agreement with one or more

other public agencies pursuant to which such contracting parties may jointly exercise any power

common to them; and

WHEREAS, the City and other public agencies wish to jointly participate in economic

development financing programs for the benefit of businesses and nonprofit entities within their

jurisdictions offered by membership in the California Enterprise Development Authority

("CEDA") pursuant to an Associate Membership Agreement and Joint Powers Agreement

relating to the CEDA (“Agreement”); and

WHEREAS, under the JPA Law and the Agreement, CEDA is a public entity separate

and apart from the parties to the Agreement, and the debts, liabilities and obligations of CEDA

will not be the debts, liabilities, or obligations of the City or the other members of CEDA; and

WHEREAS, the form of Associate Membership Agreement between the City and the

Authority is attached as Exhibit A; and

WHEREAS, the City is willing to become an associate member of CEDA, subject to the

provisions of the Associate Membership Agreement.

WHEREAS, CEDA is a Joint Powers Authority, comprised of cities and counties in the

State of California, including the City of Santa Clarita; and

WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy and Job

Creation Program (“Figtree PACE Program”), to allow the financing of certain renewable

energy, energy efficiency and water efficiency improvements ("Improvements") through the levy

of contractual assessments, pursuant to Chapter 29 of Division 7 of the Streets & Highways

Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness

("Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500

et seq.) ("1915 Act") upon the security of the unpaid contractual assessments; and

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WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only

with the free and willing consent of the owner of each lot or parcel on which an assessment is

levied at the time the assessment is levied; and

WHEREAS, the City desires to allow the owners ("Participating Property Owners") of

property (“Participating Parcel”) within its jurisdiction to participate in the Figtree PACE

Program, and to allow CEDA to conduct assessment proceedings under Chapter 29, and to issue

Bonds under the 1915 Act to finance the Improvements; and

WHEREAS, CEDA will conduct assessment proceedings under Chapter 29 to establish an

assessment district (“District”) and issue Bonds under the 1915 Act to finance Improvements;

and

WHEREAS, there has been presented to this meeting a proposed form of Resolution of

Intention ("ROI") to be adopted by CEDA in connection with such assessment proceedings, a

copy of which is attached hereto as Exhibit B; and

WHEREAS, said ROI sets forth the territory within which assessments may be levied for

the Figtree PACE Program, which territory shall be coterminous with the City's official

boundaries ("Boundaries") of record at the time of adoption of the ROI; and

WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to conduct assessment

proceedings, levy assessments, pursue remedies in the event of delinquencies, and issue bonds or

other forms of indebtedness to finance the Improvements in connection with the Figtree PACE

Program; and

WHEREAS, to protect the City in connection with operation of the Figtree PACE Program,

Figtree Energy Financing (Figtree), the program administrator, has agreed to defend and

indemnify the City; and

WHEREAS, the City will not be responsible for the conduct of any assessment

proceedings, the levy of assessments, any required remedial action in the case of delinquencies,

or the issuance, sale or administration of the bonds or other indebtedness issued in connection

with the Figtree PACE Program.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa

Clarita, hereby finds, determines, and declares as follows:

Section 1. The City Council hereby specifically finds and declares that the actions

authorized hereby constitute public affairs of the City. The City Council further finds that the

statements, findings, and determinations of the City set forth in the preambles above are true and

correct.

Section 2. The Associate Membership Agreement presented at this meeting and on file

with the City Clerk is hereby approved. The Mayor of the City, the City Manager, the City

Clerk, and other officials of the City are each hereby authorized and directed, for and on behalf

of the City, to execute and deliver the Associate Membership Agreement in substantially said

form, with such changes therein as such officer may require or approve, such approval to be

conclusively evidenced by the execution and delivery thereof.

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Section 3. The officers and officials of the City are hereby authorized and directed,

jointly and severally, to do any and all things and to execute and deliver any and all documents

which they may deem necessary or advisable in order to consummate, carry out, give effect to

and comply with the terms and intent of this resolution and the Associate Membership

Agreement. All such actions heretofore taken by such officers and officials are hereby

confirmed, ratified, and approved.

Section 4. Good Standing. The City is a municipal corporation, a member of CEDA in

good standing.

Section 5. Public Benefits. On the date hereof, the City Council hereby finds and

determines that the Figtree PACE Program, and issuance of Bonds by CEDA in connection with

the Figtree PACE Program, will provide significant public benefits, including without limitation,

savings in effective interest rates, bond preparation, bond underwriting, and bond issuance costs

and reductions in effective user charges levied by water and electricity providers within the

boundaries of the City.

Section 6. Appointment of CEDA. The City hereby appoints CEDA as its representative

to (i) record the assessment against the Participating Parcels, (ii) administer the District in

accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the

California Streets and Highways Code, commencing with Section 8500 et seq.) (“Law”), (iii)

prepare program guidelines for the operations of the Figtree PACE Program, and (iv) proceed

with any claims, proceedings, or legal actions as shall be necessary to collect past due

assessments on the properties within the District in accordance with the Law and Section 6509.6

of the California Government Code. The City is not and will not be deemed to be an agent of

Figtree or CEDA as a result of this Resolution.

Section 7. Assessment Proceedings. In connection with the Figtree PACE Program, the

City hereby consents to the special assessment proceedings by CEDA pursuant to Chapter 29 on

any property within the Boundaries and the issuance of Bonds under the 1915 Act, provided that:

(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in

substantially the form of the ROI;

(2) The Participating Property Owners, who shall be the legal owners of such property,

voluntarily execute a contract pursuant to Chapter 29 and comply with other

applicable provisions of California law in order to accomplish the valid levy of

assessments; and

(3) The City will not be responsible for the conduct of any assessment proceedings, the

levy of assessments, any required remedial action in the case of delinquencies in such

assessment payments, or the issuance, sale or administration of the Bonds in

connection with the Figtree PACE Program.

Section 8. Program Report. The City Council hereby acknowledges that pursuant to the

requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program

Report" for the Figtree PACE Program and associated documents, and CEDA will undertake

assessment proceedings and the financing of Improvements as set forth in the Program Report.

Section 9. Foreclosure. The City Council hereby acknowledges that the Law permits

foreclosure in the event that there is a default in the payment of assessments due on a property.

The City Council hereby designates CEDA as its representative to proceed with collection and

foreclosure of the liens on the defaulting properties within the District, including accelerated

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foreclosure pursuant to the Program Report.

Section 10. Indemnification. The City Council acknowledges that Figtree has provided

the City with an indemnification agreement, as shown in Exhibit C, for negligence or

malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees,

subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff

of the City to execute and deliver the Indemnification Agreement to Figtree.

Section 11. City Contact Designation. The appropriate officials and staff of the City are

hereby authorized and directed to make applications for the Figtree PACE Program available to

all property owners who wish to finance Improvements. The following staff persons, together

with any other staff designated by the City Manager from time to time, are hereby designated as

the contact persons for CEDA in connection with the Figtree PACE Program: Jason Crawford,

Marketing & Economic Development Manager, (661) 255-4347, [email protected].

Section 12. CEQA. The City Council hereby finds that adoption of this Resolution is not

a "project" under the California Environmental Quality Act, because the Resolution does not

involve any commitment to a specific project which may result in a potentially significant

physical impact on the environment, as contemplated by Title 14, California Code of

Regulations, Section 15378(b )( 4).

Section 13. Effective Date. This Resolution shall take effect immediately upon its

adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this

resolution to Figtree Energy Financing.

Section 14. Costs. Services related to the formation and administration of the assessment

district will be provided by CEDA at no cost to the City.

Section 15. Limitation of Figtree PACE to Non-Residential Properties. The City wishes

to exclude residential properties with four or fewer units from participating in the Figtree PACE

program. CEDA is not authorized to record Figtree PACE assessments against any residential

properties within the City where the number of units per parcel is fewer than five units.

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mailto:[email protected]

PASSED, APPROVED, AND ADOPTED this ___th

day of _________ 2015.

______________________________

MAYOR

ATTEST:

_______________________________

CITY CLERK

DATE:__________________________






regular meeting thereof, held on the ___th

day of _________ 2015, by the following vote:




______________________________

CITY CLERK

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EXHIBIT A

ASSOCIATE MEMBERSHIP AGREEMENT

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ASSOCIATE MEMBERSHIP AGREEMENT

by and between the

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY

and the

CITY OF SANTA CLARITA, CALIFORNIA

THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership

Agreement”), dated as of _____________________ by and between CALIFORNIA

ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITY OF SANTA

CLARITA, CALIFORNIA, a municipal corporation, duly organized and existing under the laws

of the State of California (the “City”);

WITNESSETH:

WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and

collectively, the “Members”), have entered into a Joint Powers Agreement, dated as of June 1,

2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and

WHEREAS, the Agreement designates the Executive Committee of the Board of

Directors and the President of the California Association for Local Economic Development as

the initial Board of Directors of the Authority; and

WHEREAS, the Authority has been formed for the purpose, among others, to assist for

profit and nonprofit corporations and other entities to obtain financing for projects and purposes

serving the public interest; and

WHEREAS, the Agreement permits any other local agency in the State of California to

join the Authority as an associate member (an “Associate Member”); and

WHEREAS, the City desires to become an Associate Member of the Authority;

WHEREAS, City Council of the City has adopted a resolution approving the Associate

Membership Agreement and the execution and delivery thereof;

WHEREAS, the Board of Directors of the Authority has determined that the City should

become an Associate Member of the Authority;

NOW, THEREFORE, in consideration of the above premises and of the mutual promises

herein contained, the Authority and the City do hereby agree as follows:

Section 1. Associate Member Status. The City is hereby made an Associate Member of

the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions

of which are hereby incorporated herein by reference. From and after the date of execution and

delivery of this Associate Membership Agreement by the City and the Authority, the City shall

be and remain an Associate Member of the Authority.

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Section 2. Restrictions and Rights of Associate Members. The City shall not have the

right, as an Associate Member of the Authority, to vote on any action taken by the Board of

Directors or by the Voting Members of the Authority. In addition, no officer, employee or

representative of the City shall have any right to become an officer or director of the Authority

by virtue of the City being an Associate Member of the Authority.

Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and

bound by all actions previously taken by the Members and the Board of Directors of the

Authority to the same extent as the Members of the Authority are subject to and bound by such

actions.

Section 4. No Obligations of Associate Members. The debts, liabilities and obligations

of the Authority shall not be the debts, liabilities and obligations of the City.

Section 5. Execution of the Agreement. Execution of this Associate Membership

Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of

the Bylaws of the Authority for participation by the City in all programs and other undertakings

of the Authority.

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IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership

Agreement to be executed and attested by their proper officers thereunto duly authorized, on the

day and year first set forth above.

CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY

By:

Gurbax Sahota, Chair

Board of Directors

Attest:

Michelle Stephens, Asst. Secretary

CITY OF SANTA CLARITA, CALIFORNIA

By: ________________________________, Mayor

City Council

Attest:

City Clerk

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EXHIBIT B

CEDA Resolution of Intention

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RESOLUTION OF THE CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY DECLARING INTENTION TO FINANCE INSTALLATION OF

DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,

ENERGY EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS IN

THE CITY OF SANTA CLARITA

WHEREAS, the California Enterprise Development Authority (“CEDA”) is a joint

powers authority organized and existing pursuant to the Joint Powers Act (Government Code

Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the “Agreement”)

dated as of June 1, 2006, among the cities of Eureka, Lancaster and Selma; and

WHEREAS, CEDA is authorized under the Agreement and Chapter 5 of Division 7 of

Title 1 of the Government Code of the State of California and in accordance with Chapter 29 of

Part 3 of Division 7 of the Streets & Highways Code of the State of California (“Chapter 29”) to

authorize assessments to finance the installation of distributed generation renewable energy

sources, energy efficiency and water efficiency improvements that are permanently fixed to real

property (“Authorized Improvements”); and

WHEREAS, CEDA has obtained authorization from the City of _____________ (the

“City”) located in the County of _________ (the “County”) to conduct assessment proceedings

and to enter into contractual assessments to finance the installation of Authorized Improvements

within the jurisdictional boundaries of the City pursuant to Chapter 29; and

WHEREAS, CEDA desires to declare its intention to establish a Figtree PACE program

(“Figtree PACE”) in the City, pursuant to which CEDA, subject to certain conditions set forth

below, would enter into contractual assessments to finance the installation of Authorized

Improvements in the City.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS:

Section 1. Findings. The Board of Directors hereby finds and determines the following:

(a) The above recitals are true and correct and are incorporated herein by this

reference.

(b) Energy and water conservation efforts, including the promotion of Authorized

Improvements to residential, commercial, industrial, or other real property, are

necessary to address the issue of global climate change and the reduction of

greenhouse gas emissions in the City.

(c) The upfront cost of making residential, commercial, industrial, or other real

property more energy and water efficient, along with the fact that most

commercial loans for that purpose are due on the sale of the property, prevents

many property owners from installing Authorized Improvements.

(d) A public purpose will be served by establishing a contractual assessment program,

to be known as Figtree PACE, pursuant to which CEDA will finance the

installation of Authorized Improvements to residential, commercial, industrial, or

other real property in the City.

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Section 2. Determination of Public Interest. The Board of Directors hereby determines

that (a) it would be convenient, advantageous, and in the public interest to designate an area,

which shall encompass the entire geographic territory within the boundaries of the City, within

which CEDA and property owners within the City may enter into contractual assessments to

finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it is in the

public interest for CEDA to finance the installation of Authorized Improvements in the City

pursuant to Chapter 29.

Section 3. Identification of Authorized Improvements. CEDA hereby declares its

intention to make contractual assessment financing available to property owners to finance

installation of Authorized Improvements, including but not limited to those improvements

detailed in the Report described in Section 8 hereof (the “Report”), as that Report may be

amended from time to time.

Section 4. Identification of Boundaries. Contractual assessments may be entered into by

property owners located within the entire geographic territory of the City.

Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue

bonds, notes or other forms of indebtedness (the “Bonds”) pursuant to Chapter 29 that are

payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets

& Highways Code of the State (the “Improvement Bond Act of 1915”) shall apply to any

indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not

in conflict with Chapter 29. The creditworthiness of a property owner to participate in the

financing of Authorized Improvements will be based on the criteria developed by Figtree Energy

Financing (the “Program Administrator”) upon consultation with Figtree PACE Program

underwriters or other financial representatives, CEDA general counsel and bond counsel, and as

shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued

under the Improvement Bond Act of 1915 that is payable from contractual assessments, serial

and/or term improvement bonds or other indebtedness shall be issued in such series and shall

mature in such principal amounts and at such times (not to exceed 20 years from the second day

of September next following their date), and at such rate or rates of interest (not to exceed the

maximum rate permitted by applicable law) as shall be determined by Board of Directors at the

time of the issuance and sale of the indebtedness. The provisions of Part 11.1 of the

Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of

CEDA to create a special reserve fund for the bonds under Part 16 of the Improvement Bond Act

of 1915. Neither CEDA, nor any of its members participating in the Figtree PACE Program,

shall advance available surplus funds from its treasury to cure any deficiency in the redemption

fund to be created with respect to the indebtedness; provided, however, that this determination

shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds.

The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or

other applicable laws permitting refunding, upon the conditions specified by and upon

determination of CEDA.

CEDA hereby authorizes the Program Administrator, upon consultation with CEDA

general counsel, bond counsel and the Figtree PACE underwriter, to commence preparation of

documents and take necessary steps to prepare for the issuance of bonds, notes or other forms of

indebtedness as authorized by Chapter 29.

In connection with the issuance of bonds payable from contractual assessments, CEDA

expects to obligate itself, through a covenant with the owners of the bonds, to exercise its

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foreclosure rights with respect to delinquent contractual assessment installments under specified

circumstances.

Section 6. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public

hearing be held before CEDA Board (the “Board”), at 550 Bercut Drive, Suite G, Sacramento,

CA 95811, on ______, ______, at ____ A_, for the purposes of allowing interested persons to

object to, or inquire about, the proposed Figtree PACE Program. The public hearing may be

continued from time to time as determined by the Board for a time not exceeding a total of 180

days.

At the time of the hearing, the Report described in Section 8 hereof shall be summarized,

and the Board shall afford all persons who are present an opportunity to comment upon, object

to, or present evidence with regard to the proposed Figtree PACE Program, the extent of the area

proposed to be included within the boundaries of the assessment district, the terms and

conditions of the draft assessment contract described in Section 8 hereof (the “Contract”), or the

proposed financing provisions. Following the public hearing, CEDA may adopt a resolution

confirming the Report (the “Resolution Confirming Report”) or may direct the Report’s

modification in any respect, or may abandon the proceedings.

The Board hereby orders the publication of a notice of public hearing once a week for

two successive weeks. Two publications in a newspaper published once a week or more often,

with at least five days intervening between the respective publication dates not counting such

publication dates, are sufficient. The period of notice will commence upon the first day of

publication and terminate at the end of the fourteenth day. The first publication shall occur not

later than 20 days before the date of the public hearing.

Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the

Streets & Highways Code, written notice of the proposed contractual assessment program within

the City to all water and electric providers within the boundaries of the City has been provided.

Section 8. Report. The Board hereby directs the Program Administrator to prepare the

Report and file said Report with the Board at or before the time of the public hearing described

in Section 6 hereof containing all of the following:

a) A map showing the boundaries of the territory within which contractual

assessments are proposed to be offered, as set forth in Section 4 hereof.

b) A draft contractual assessment contract (the “Contract”) specifying the terms and

conditions of the agreement between CEDA and a property owner within the City.

c) A statement of CEDA’s policies concerning contractual assessments including all

of the following:

(1) Identification of types of Authorized Improvements that may be financed

through the use of contractual assessments.

(2) Identification of the CEDA official authorized to enter into contractual

assessments on behalf of CEDA.

(3) A maximum aggregate dollar amount of contractual assessments.

(4) A method for setting requests from property owners for financing through

contractual assessments in priority order in the event that requests appear

likely to exceed the authorization amount.

d) A plan for raising a capital amount required to pay for work performed in

connection with contractual assessments. The plan may include the sale of a bond

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or bonds or other financing relationship pursuant to Section 5898.28 of Chapter

29. The plan (i) shall include a statement of, or method for determining, the

interest rate and time period during which contracting property owners would pay

any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall

provide for the apportionment of all or any portion of the costs incidental to

financing, administration and collection of the contractual assessment program

among the consenting property owners and CEDA.

e) A report on the results of the discussions with the County Auditor-Controller

described in Section 10 hereof, concerning the additional fees, if any, that will be

charged to CEDA for inclusion of the proposed contractual assessments on the

general property tax roll of the County, and a plan for financing the payment of

those fees.

Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the

interest and any penalties thereon, will constitute a lien against the lots and parcels of land on

which they are made, until they are paid. Unless otherwise directed by CEDA, the assessments

shall be collected in the same manner and at the same time as the general taxes of the County on

real property are payable, and subject to the same penalties and remedies and lien priorities in the

event of delinquency and default.

Section 10. Consultations with County Auditor-Controller. CEDA hereby directs the

Program Administrator to enter into discussions with the County Auditor-Controller in order to

reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the

proposed contractual assessments into the assessments of the general taxes of the County on real

property.

Section 11. Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c),

CEDA hereby designates the Program Administrator as the responsible party for annually

preparing the current roll of assessment obligations by assessor’s parcel number on property

subject to a voluntary contractual assessment.

Section 12. Procedures for Responding to Inquiries. The Program Administrator shall

establish procedures to promptly respond to inquiries concerning current and future estimated

liability for a voluntary contractual assessment.

Section 13. Effective Date. This resolution shall take effect immediately upon its

adoption.

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PASSED AND ADOPTED this _____ day of ______, 201_.

CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY

By:____________________________

Gurbax Sahota, Chair

ATTEST:

______________________________________

Michelle Stephens, Secretary

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EXHIBIT C

Indemnification Agreement

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INDEMNIFICATION AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA CLARITA AND

FIGTREE COMPANY, INC.

This Indemnification Agreement (the “Agreement”) is entered into by and between the the City of

Santa Clarita, a municipal corporation or political subdivision, duly organized and existing under

the laws of the State of California (the “Public Entity”) and Figtree Company, Inc., a California

corporation, the administrator of the Figtree Property Assessed Clean Energy and Job Creation

Program (the “Administrator”), which is a program of the California Enterprise Development

Authority, a California joint exercise of powers authority (the “Authority”).

RECITALS

WHEREAS, the Authority is a joint exercise of powers authority whose members include

the Public Entity in addition to other cities and counties in the State of California; and

WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job

Creation Program (the “Figtree PACE Program”) to allow the financing of certain renewable

energy, energy efficiency and water efficiency improvements that are permanently affixed to real

property through the levy of assessments voluntarily agreed to by the participating property

owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code (“Chapter 29”) and

the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond

Act of 1915 upon the security of the unpaid assessments; and

WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter

29 with respect to the territory within the boundaries of the Public Entity; and

WHEREAS, the legislative body of the Public Entity adopted or will adopt a resolution

authorizing the Public Entity to join the Figtree PACE Program; and

WHEREAS, the Public Entity will not be responsible for the formation, operation and

administration of the Figtree PACE Program as well as the sale and issuance of any bonds or other

forms of indebtedness in connection therewith, including the conducting of assessment proceedings,

the levy and collection of assessments and any remedial action in the case of such assessment

payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of

the Figtree PACE Program; and

WHEREAS, the Administrator is the administrator of the Figtree PACE Program and agrees

to indemnify the Public Entity in connection with the operations of the Figtree PACE Program as

set forth herein;

NOW, THERFORE, in consideration of the above premises and of the Public Entity’s

agreement to join the Figtree PACE Program, the parties agree as follows:

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1 . Indemnification. Figtree has provided the CEDA with an indemnification for

negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers,

employees, subcontractors and agents, arising from or related to the Figtree PACE Program, the

assessments, the assessment districts, the improvements or the financing and marketing thereof.

Figtree agrees to defend, indemnify and hold harmless the Public Entity, its officers, elected or

appointed officials, employees, agents and volunteers from and against any and all actions, suits,

proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys’ fees,

for injury or damage due to negligence or malfeasance of any type claims as a result of the acts or

omissions of Figtree, except for such loss or damage which was caused by the sole negligence or

willful misconduct of the Public Entity. This indemnity shall apply to all claims and liability

regardless of whether any insurance policies are applicable. The policy limits do not act as

limitation upon the amount of indemnification to be provided by Figtree.

2. Amendment/Interpretation of this Agreement. This Agreement represents the entire

understanding of the parties as to those matters contained herein. No prior oral or written

understanding shall be of any force or effect with respect to those matters covered hereunder. No

supplement, modification or amendment of this Agreement shall be binding unless executed in

writing by both of the parties hereto. This Agreement shall not be interpreted for or against any

party by reason of the fact that such party may have drafted this Agreement or any of its

provisions.

3. Section Headings. Section headings in this Agreement are included for convenience

of reference only and shall not constitute a part of this Agreement for any other purpose.

4. Waiver. No waiver of any of the provisions of this Agreement shall be binding

unless in the form of writing signed by the party against whom enforcement is sought, and no such

waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall

such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to

exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

5. Severability and Governing Law. If any provision or portion thereof of this

Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise

unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by

law. This Agreement shall be governed by and construed and enforced in accordance with the

laws of the State of California applicable to contracts made and to be performed in California.

6. Notices. All notices, demands and other communications required or permitted

hereunder shall be made in writing and shall be deemed to have been duly given if delivered by

hand, against receipt, or mailed certified or registered mail and addressed as follows:

If to the Administrator Figtree Company, Inc.

9915 Mira Mesa Blvd., Suite 130

San Diego, California 92131 Attn: Chief Executive Officer

If to the Public Entity: Jason Crawford

Marketing & Economic Development Manager

23920 Valencia Boulevard, Suite 100,

Santa Clarita, CA 91355

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7. Counterparts. This Agreement may be executed in one or more counterparts, each of

which shall be deemed to be an original, which together shall constitute the same instrument.

8. Effective Date. This Agreement will be effective as of the date of the signature of

Public Entity’s representative as indicated below in the signature block.

IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below.

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4825-8409-6773.1 1

APPROVED AS TO FORM: Public Entity Attorney

Public Entity Name

By

Name:

Title:

Date:

Figtree Company, Inc., a California corp.

By

Name: Mahesh Shah

Title: CEO

Date:

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OHSUSA:760436943.4

RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA

CONSENTING TO THE INCLUSION OF COMMERCIAL AND INDUSTRIAL

PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CSCDA OPEN PACE

PROGRAMS; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES

DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY

OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY

CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY;

AND AUTHORIZING RELATED ACTIONS

WHEREAS, the California Statewide Communities Development Authority (the

“Authority”) is a joint powers authority, the members of which include numerous cities and

counties in the State of California, including the City of Santa Clarita (“City”); and

WHEREAS, the Authority is implementing Property Assessed Clean Energy (“PACE”)

programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE

programs each administered by a separate program administrator (collectively with any

successors, assigns, replacements or additions, the “Programs”), to allow the financing or

refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening

improvements, electric vehicle charging infrastructure, and such other improvements,

infrastructure or other work as may be authorized by law from time to time (collectively, the

“Improvements”) through the levy of contractual assessments pursuant to Chapter 29 of Division

7 of the Streets & Highways Code (“Chapter 29”) within counties and cities throughout the State

of California that consent to the inclusion of properties within their respective territories in the

Programs and the issuance of bonds from time to time; and

WHEREAS, the program administrators currently active in administering the Programs

are the AllianceNRG Program (presently consisting of Deutsche Bank Securities Inc.,

CounterPointe Energy Solutions LLC and Leidos Engineering, LLC) and Renewable Funding

LLC, and the Authority will notify the City in advance of any additions or changes; and

WHEREAS, Chapter 29 provides that assessments may be levied under its provisions

only with the free and willing consent of the owner or owners of each lot or parcel on which an

assessment is levied at the time the assessment is levied; and

WHEREAS, the City desires to allow the owners of commercial or industrial property

(“Participating Property Owners”) within its territory to participate in the Programs, and to allow

the Authority to conduct assessment proceedings under Chapter 29 within its territory, and to

issue bonds to finance or refinance Improvements; and

WHEREAS, the territory within which assessments may be levied for the Programs shall

include all of the territory within the City’s official boundaries; and

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WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for

the Programs and issue any bonds issued in connection with the Programs; and

WHEREAS, the City will not be responsible for the conduct of any assessment

proceedings; the levy of assessments; any required remedial action in the case of delinquencies

in such assessment payments; or the issuance, sale or administration of any bonds issued in

connection with the Programs;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa

Clarita as follows:

Section 1. This City Council hereby finds and declares that commercial and

industrial properties in the territory of the City will benefit from the availability of the Programs

within the territory of the City and, pursuant thereto, the conduct of special assessment

proceedings by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or

refinance Improvements.

Section 2. In connection with the Programs, the City hereby consents to the conduct

of special assessment proceedings by the Authority pursuant to Chapter 29 on any commercial

and industrial property within the territory of the City and the issuance of bonds to finance or

refinance Improvements; provided, that

(1) The Participating Property Owners, who shall be the legal owners of such

property, execute a contract pursuant to Chapter 29 and comply with other applicable

provisions of California law in order to accomplish the valid levy of assessments; and

(2) The City will not be responsible for the conduct of any assessment

proceedings; the levy of assessments; any required remedial action in the case of

delinquencies in such assessment payments; or the issuance, sale or administration of any

bonds issued in connection with the Programs.

Section 3. The appropriate officials and staff of the City are hereby authorized and

directed to make applications for the Programs available to all commercial and industrial

property owners who wish to finance or refinance Improvements; provided, that the Authority

shall be responsible for providing such applications and related materials at its own expense. The

following staff persons, together with any other staff persons chosen by the City Manager of the

City from time to time, are hereby designated as the contact persons for the Authority in

connection with the Programs: Jason Crawford, Marketing & Economic Development Manager.

Section 4. The appropriate officials and staff of the City are hereby authorized and

directed to execute and deliver such certificates, requisitions, agreements and related documents

as are reasonably required by the Authority to implement the Programs.

Section 5. The City Council hereby finds that adoption of this Resolution is not a

“project” under the California Environmental Quality Act, because the Resolution does not

involve any commitment to a specific project which may result in a potentially significant

physical impact on the environment, as contemplated by Title 14, California Code of

Regulations, Section 15378(b)(4).

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OHSUSA:760436943.4

Section 6. This Resolution shall take effect immediately upon its adoption. The City

Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the

Secretary of the Authority at: Secretary of the Board, California Statewide Communities

Development Authority, 1400 K Street, Sacramento, CA 95814.

PASSED, APPROVED, AND ADOPTED this __th

day of ________ 2015.

______________________________

MAYOR

ATTEST:

_______________________________

CITY CLERK

DATE:__________________________






regular meeting thereof, held on the __th

day of ________ 2015, by the following vote:




______________________________

CITY CLERK

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March 4, 2015

Santa Clarita City Council

23920 Valencia Boulevard

Santa Clarita CA 91355

To Santa Clarita City Council,

On behalf of the Santa Clarita Valley Economic Development Corp. (SCVEDC), it is

my pleasure to write a letter of support to adopt the CEDA Figtree PACE and

California Communities Open PACE programs in the City of Santa Clarita.

The SCVEDC is an integral part of the Santa Clarita business community. While it is

highly committed to attracting and supporting new business investment to the

region, it continually engages in relationships among a wide range of emerging

and established businesses.

The PACE (Property‐Assessed Clean Energy) program is an innovative way to

finance energy efficiency and renewable energy upgrades to commercial

buildings. Interested property owners can turn energy and water bills into

thousands of dollars in savings each year by implementing energy efficiency

solutions, renewable energy and water conservation upgrades. We support such

programs.

Sincerely,

Holly Schroeder

President and CEO

SCVEDC

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Agenda Item: 8


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT

CONTRACT 14-00091



RECOMMENDED ACTION

City Council:

1. Approve the first and only renewal option for landscape services under contract 14-00091 to

Oakridge Landscape, Inc. for landscape maintenance services for Landscape Maintenance

District (LMD) Zones 7 (Creekside), 19 (Bridgeport/Bouquet), and T1 (Faircliff) in the

amount of $84,904; and authorize a contingency amount of $19,500 for a total annual amount

not to exceed $104,404.

2. Authorize the City Manager or designee to execute the contract and associated documents

subject to City Attorney approval, contingent upon the appropriation of funds by the City

Council in the annual budget for such Fiscal Year.

BACKGROUND

In 2012, the Council directed staff to bring back for their approval landscape maintenance

contracts under consideration for renewal. Tonight for the City Council’s consideration is

renewal of Contract Number 14-00091, which provides landscape services for the following

three LMD zones: 7 (Creekside), 19 (Bridgeport/Bouquet), and T1 (Faircliff).

In 2014, Contract Number 14-00091 was competitively bid and awarded to the lowest,

responsive, responsible bidder by an action of the City Council. The term of the contract is one

year, plus a single-year renewal option.

In early 2015, as a result of the completion of the McBean Bridge Widening Project, ongoing

maintenance for approximately 18,000 square feet of additional landscaping increased the

maintenance contract of LMD Zone 19 by $175 a month, or $2,104 a year. Updated contract

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costs are reflected in the chart below.

Based on actual expenditures during the past year, staff recommends no change to the

contingency amount previously approved by City Council.

Contract

No.

Company LMD

Zone(s)

2014

Annual

Base

Contract

2014 Contingency

2015

Annual

Base

Contract

2015 Contingency

Recommended

Renewal

Amount

14-00091 Oakridge

Landscape,

Inc.

7, 19,

T1

$82,800 $19,500 $84,904 $19,500 $ 104,404

Oakridge Landscape, Inc. continues to perform in a manner which is reflective of the City’s

high-maintenance standards established under the terms and performance specifications of their

contracts. Further, based on recent bid results for other LMD maintenance contracts, staff

believes the pricing associated with the renewal option is still competitive within this service

sector. Therefore, in consideration of these factors, staff recommends executing the one-year

renewal option for this contract.

ALTERNATIVE ACTIONS

1. Direct staff to re-bid the contract.

2. Other action as determined by the City Council.

FISCAL IMPACT

There is no impact to the General Fund with this action. Funding to support the three contracts

has been appropriated by the City Council in the Fiscal Year 2014-15 Budget within the accounts

listed below.

Zone 7 12529-5161.010 and 12529-5141.001

Zone 19 12539-5161.010 and 12539-5141.001

Zone T1 12501-5161.010 and 12501-5141.001

ATTACHMENTS

Contract 14-00091 (available in the City Clerk's Reading File)

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Agenda Item: 9


AGENDA REPORT

CONSENT CALENDAR



SUBJECT: CHECK REGISTER NO. 5 FOR THE PERIOD 02/06/15 THROUGH

02/19/15 AND 02/26/15. ELECTRONIC FUNDS TRANSFERS FOR

THE PERIOD 02/13/15 THROUGH 02/26/15.


PRESENTER: Carmen Magana

RECOMMENDED ACTION


BACKGROUND

Check Register No. 5 for the Period 02/06/15 through 02/19/15 and 02/26/15 in the aggregate

amount of $3,802,389.43.

Electronic Funds Transfers included in Check Register No. 5 for the Period 02/13/15 through

02/26/15 in the aggregate amount of $558,805.40.

FISCAL IMPACT

No Fiscal Impact.

ATTACHMENTS

Check Register No. 5 (available in the City Clerk's Reading File)

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Agenda Item: 10


AGENDA REPORT

PUBLIC HEARING



SUBJECT: RESULTS OF THE CDBG ANNUAL COMMUNITY NEEDS

ASSESSMENT


PRESENTER: Erin Lay

RECOMMENDED ACTION

City Council to conduct a public hearing and receive information regarding the results of the

annual Community Needs Assessment conducted as part of the Community Development Block

Grant (CDBG) Program.

BACKGROUND

Each year the City receives approximately $1.1 million dollars in Community Development

Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development

(HUD) to assist low- and moderate-income residents in the areas of decent housing, a suitable

living environment, and expanded economic opportunities.

In order to receive and use CDBG funds, the City is required to submit a Consolidated Plan (Con

Plan) at least every five years. The Con Plan contains a Housing Market Analysis, a Strategic

Plan, and sets the priorities for the use of CDBG funds for the five year period of 2014-15

through 2018-19. The current Con Plan priorities are: supportive human services; community

facilities and infrastructure; housing; and economic opportunities.

In addition, each year the City must develop a new Annual Action Plan (Action Plan) which

outlines the specific ways the current year’s allocation of funds will be spent to meet the

priorities identified in the Con Plan. The second year Action Plan for 2015-16 must be

submitted to HUD by May 15, 2015.

Also, as required by HUD, a needs assessment process is conducted annually to determine the

current needs of the community. Staff conducted the 2015-16 needs assessment process in the

form of a survey (attached).

Outreach efforts included:

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A press release was issued to the local news agencies, including The Signal, KHTS, and

SCVNews;

An email link for the on-line survey was sent to all current City CDBG service providers;

An email link for the survey was posted on the City’s website and sent to all City staff;

Hard copies of the survey were available to the public upon request.

The survey was available from November 7, 2014, through December 15, 2014, and 325

individual participants responded. A summary of the results of the survey were compiled and are

attached to this report. The needs identified through this assessment process are used to develop

the 2015-16 Action Plan. The results also help determine funding allocations which address the

needs identified while also meeting a Con Plan priority.

No formal action is being requested of the City Council at this time. The 2015-16 Action Plan

will be presented to the City Council for consideration at the meeting on May 12, 2015.

ALTERNATIVE ACTION

Other actions as determined by the City Council.

FISCAL IMPACT

This item has no fiscal impact.

ATTACHMENTS

Notice of Public Hearing

Community Needs Assessment Survey

2015-16 Community Needs Assessment Summary

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S:CD\Grnats\HUD\CONSOLID\2015-2016\March 10, 2015 PH\Notice of Public Hearing

NOTICE OF PUBLIC HEARING

City of Santa Clarita

As required by the U.S. Department of Housing and Urban Development (HUD), a Housing and

Community Needs assessment is conducted annually as part of the City’s Action Plan for the five-

year Consolidated Plan. The Consolidated plan outlines goals and priorities the City will follow for

the use of Community Development Block Grant (CDBG) funds and the Action Plan identifies how

CDBG funds will be allocated to meet the current needs of the community.

Notice is hereby given that a public hearing will be conducted on Tuesday, March 10, 2015, at 6:00

p.m. in the City Hall Council Chambers at 23920 Valencia Boulevard in Santa Clarita. A summary

of the 2015-2016 Housing and Community Development Needs for inclusion in the draft Annual

Action Plan will be presented to the Santa Clarita City Council. Citizens are encouraged to

participate and provide comments on this item by attending the public hearing.

If you wish to challenge the action taken on this matter in court, you may be limited to raising only

those issues you or someone else raised at the public hearing described in this notice, or written

correspondence delivered to the City of Santa Clarita, at or prior to, the public hearing.

Copies of the City Council meeting agendas will be available 72 hours prior to the meeting date at

the City Clerk’s Office at City Hall, located at 23920 Valencia Blvd., Suite 120, Santa Clarita, CA

91355, or on-line at www.santa-clarita.com/agendas. Further information may also be obtained by

contacting Erin Lay, Housing Program Administrator, at 661.286.4174 or by email at elay@santa-

clarita.com.

Para los que hablan español, si usted tiene preguntas o desea más información sobre este producto,

por favor póngase en contacto con Grace Ferguson, Clerk, al 661.259.2489 o por correo electrónico a

[email protected]. Gracias.

Dated: February 19, 2015

Kevin Tonoian, City Clerk

Published: The Signal – Monday, February 23, 2015

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http://www.santa-clarita.com/agendas



The City of Santa Clarita receives approximately $1.2 million in Community Development Block Grant (CDBG) and these funds are intended to primarily benefit the lowerincome residents in the community. The funding can be used for housing, supportive human services, community facilities and infrastructure, and economic development opportunities. The City wants you to have a voice in how the money is invested. Please assist us by taking a few minutes to participate in this survey. As you complete the survey, please consider the following: 1) The needs of the community and how it can be improved. 2) Rate the relative need level for each of the items by checking the box that best applies. Keep in mind that only limited funding is available, so prioritizing the level of need is important. Thank you for your participation!

1. WHAT ARE THE NEEDS IN THE COMMUNITY? WE WANT TO HEAR FROM YOU!

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1. What is your zip code?

2. Senior? (65+)

3. Do you or a family member have a disability?

4. Do you own or rent your home?

2. Background Information

*Please enter your 5digit zip code:

Yes

gfedc

No

gfedc

Yes

gfedc

No

gfedc

Own

gfedc

Rent

gfedc

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5. Rate the relative importance from the highest, most critical need, to no such need.

3. Housing

High Need Medium Need Low Need No Need

Disabled Accessibility Modifications/Improvements

nmlkj nmlkj nmlkj nmlkj

Ownership Housing Rehabilitation


Rental Housing Rehabilitation


Homeownership Assistance nmlkj nmlkj nmlkj nmlkj

Affordable Rental Housing nmlkj nmlkj nmlkj nmlkj

Rental Housing for Disabled nmlkj nmlkj nmlkj nmlkj

Senior Rental Housing nmlkj nmlkj nmlkj nmlkj

Rental Housing for Large Families


Fair Housing Services nmlkj nmlkj nmlkj nmlkj

LeadBased Paint Test/Abatement


Energy Efficient Improvements


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4. Supportive Human Services


Senior Activities nmlkj nmlkj nmlkj nmlkj

Youth Activities nmlkj nmlkj nmlkj nmlkj

Child Care Services nmlkj nmlkj nmlkj nmlkj

Transportation Services nmlkj nmlkj nmlkj nmlkj

AntiCrime Programs nmlkj nmlkj nmlkj nmlkj

Health Services nmlkj nmlkj nmlkj nmlkj

Homeless Services nmlkj nmlkj nmlkj nmlkj

Neglected/Abused Children Services


Mental Health Services nmlkj nmlkj nmlkj nmlkj

Disabled Services nmlkj nmlkj nmlkj nmlkj

Domestic Violence Services nmlkj nmlkj nmlkj nmlkj

Substance Abuse Services nmlkj nmlkj nmlkj nmlkj

HIV/AIDS Services nmlkj nmlkj nmlkj nmlkj

Legal Services nmlkj nmlkj nmlkj nmlkj

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5. Community Facilities and Infrastrucure


Senior Centers nmlkj nmlkj nmlkj nmlkj

Youth Centers nmlkj nmlkj nmlkj nmlkj

Child Care Centers nmlkj nmlkj nmlkj nmlkj

Park and Recreational Facilities


Health Care Facilities nmlkj nmlkj nmlkj nmlkj

Centers for the Disabled nmlkj nmlkj nmlkj nmlkj

Homeless Shelter nmlkj nmlkj nmlkj nmlkj

HIV/AIDS Centers nmlkj nmlkj nmlkj nmlkj

Center for Neglected/Abused Children


Community Centers nmlkj nmlkj nmlkj nmlkj

Libraries nmlkj nmlkj nmlkj nmlkj

Drainage Improvements nmlkj nmlkj nmlkj nmlkj

Water/Sewer Improvement nmlkj nmlkj nmlkj nmlkj

Street/Alley Improvement nmlkj nmlkj nmlkj nmlkj

Street Lighting nmlkj nmlkj nmlkj nmlkj

Sidewalk Improvements nmlkj nmlkj nmlkj nmlkj

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6. Economic Opportunities


Startup Business Assistance


Small Business Loans nmlkj nmlkj nmlkj nmlkj

Job Creation/Retention nmlkj nmlkj nmlkj nmlkj

Employment Training nmlkj nmlkj nmlkj nmlkj

Commercial/Industrial Rehabilitation


Façade Improvements nmlkj nmlkj nmlkj nmlkj

Business Mentoring nmlkj nmlkj nmlkj nmlkj

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9. Please write in any additional needs not listed:

7. Additional Needs

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2015-16 COMMUNITY NEEDS ASSESSMENT SUMMARY

SUPPORTIVE HUMAN SERVICES (SHS)

Activities High Med Low No Votes Overall Rating

Senior Activities 85 109 62 16 272 2.03

Youth Activities 137 896 38 12 273 1.73

Child Care Services 79 121 48 21 269 2.04

Transportation Services 101 99 53 17 270 1.95

Anti-Crime Programs 130 88 46 12 276 1.78

Health Services 95 108 46 19 268 1.96

Homeless Services 107 80 65 23 275 2.01

Neglected/Abused Children Services 98 100 54 17 269 1.96

Mental Health Services 107 100 46 19 272 1.92

Disabled Services 63 114 68 23 268 2.19

Domestic Violence Services 75 108 69 18 270 2.11

Substance Abuse Services 92 111 48 22 273 2.00

HIV/AIDS Services 18 80 131 39 268 2.71

Legal Services 31 101 97 34 263 2.51

COMMUNITY FACILITIES AND INFRASTRUCTURE (CFI)


Senior Centers 107 107 40 10 264 1.82

Youth Centers 126 95 34 10 265 2.03

Child Care Centers 87 100 61 17 268 2.03

Park and Recreational Facilities 115 88 56 6 265 1.82

Health Care Facilities 84 103 59 16 262 2.03

Centers for the Disabled 60 105 78 20 263 2.22

Homeless Shelter 105 76 59 27 267 2.03

HIV/AIDS Centers 14 49 140 59 262 2.93

Center for Neglected/Abused Children 72 97 68 25 262 2.18

Community Centers 92 103 53 15 263 1.97

Libraries 67 74 90 34 265 2.34

Drainage Improvements 37 94 111 20 262 2.44

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Water/Sewer Improvements 61 87 92 21 261 2.28

Street/Alley Improvements 65 91 88 20 264 2.24

Street Lighting 58 87 98 20 263 2.30

Sidewalk Improvements 76 89 84 14 263 2.14

HOUSING (H)


Disabled Accessibility Modifications/

Improvements 38 102 93 37 27 2.48

Ownership Housing Rehabilitation 39 87 99 45 270 2.56

Rental Housing Rehabilitation 40 94 83 49 266 2.53

Homeownership Assistance 57 95 73 47 272 2.40

Affordable Rental Housing 111 73 49 40 273 2.07

Rental Housing for Disabled 68 97 67 39 271 2.28

Senior Rental Housing 106 83 53 33 275 2.05

Rental Housing for Large Families 37 84 97 52 270 2.61

Fair Housing Services 57 81 83 48 269 2.45

Lead-Based Paint Test/Abatement 30 55 121 66 272 2.82

Energy Efficient Improvements 105 103 48 21 277 1.95

ECONOMIC OPPORTUNITIES (EO)


Start-up Business Assistance 58 121 64 20 263 2.17

Small Business Loans 60 123 59 21 263 2.16

Job Creation/Retention 143 87 26 12 268 1.65

Employment Training 97 101 51 14 263 1.93

Commercial/Industrial Rehabilitation 43 92 97 29 261 2.43

Façade Improvements 43 87 96 39 265 2.49

Business Mentoring 43 99 87 36 265 2.44

The top five activities in each category are highlighted. S:CD\Grants\HUD\CONSOLID\2015-2016\March 10, 2015 PH\2015-16 Community Needs Assessment Summary

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Agenda Item: 11


AGENDA REPORT

UNFINISHED BUSINESS



SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,

CALIFORNIA, AMENDING CHAPTER 6.02 - MANUFACTURED

HOME PARK RENTAL ADJUSTMENT PROCEDURES


PRESENTER: Erin Lay

RECOMMENDED ACTION

City Council adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 6.02 -

MANUFACTURED HOME PARK RENTAL ADJUSTMENT PROCEDURES."

BACKGROUND

At the regular meeting of February 24, 2015, the City Council considered an ordinance

recommending updates to Chapter 6.02 of the Santa Clarita Municipal Code concerning

Manufactured Home Park Rental Adjustment Procedures.

Following an extensive community engagement process and multiple public meetings, on

February 24, 2015, the City Council introduced, approved, and passed to second reading an

ordinance modifying Chapter 6.02 of the Santa Clarita Municipal Code. In response to public

input, as part of the first reading the City Council directed staff to make three specific changes to

the proposed ordinance in advance of returning for a second reading. Changes to this proposed

ordinance include:

1. A change in Section 6.02.090(C)(1) reducing three percent (3%) to two and six-tenths

percent (2.6%);

2. A change in Section 6.02.090(C)(1) reducing the CPI ceiling from six percent (6%) to

five percent (5%);

3. A change to Section 6.02.120(B) providing that the Appeal Request Form is to be

approved by the Manufactured Home Rental Adjustment Panel.

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Additionally, there are two clerical changes (highlighted) in Section 6.02.010. At this time, it is

appropriate for the City Council to conduct the second reading and consider adoption of the

proposed ordinance.

ALTERNATIVE ACTION

Other action as determined by City Council.

FISCAL IMPACT

There is no fiscal impact from this item.

ATTACHMENTS

Ordinance

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ORDINANCE NO. 15-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 6.02 MANUFACTURED HOME

PARK RENTAL ADJUSTMENT PROCEDURES

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES

HEREBY ORDAIN AS FOLLOWS:

SECTION 1. That Chapter 6.02 is amended to read as follows:

MANUFACTURED HOME PARK RENT ADJUSTMENT PROCEDURES

Sections:

6.02.010 Purpose

6.02.020 Definitions

6.02.030 Applicability

6.02.040 Manufactured Home Rental Adjustment Panel

6.02.050 Registration

6.02.060 Registration Fee

6.02.070 Space Rent Limit

6.02.080 Annual Space Rent Adjustment Notice

6.02.090 Allowable Methods for Annual Space Rent Adjustments

6.02.110 Amortization Schedule

6.02.120 Annual Space Rent Adjustment Appeal Petitions

6.02.130 Change in Ownership Space Rent Adjustment Procedures

6.02.150 Vacant Spaces

6.02.160 Appeal Hearings

6.02.170 Decision of the Panel

6.02.180 Miscellaneous Provisions

6.02.010 Purpose.

A. A manufactured home park resident’s tenancy in a manufactured home park is

substantively different than traditional apartment tenancy in that the park resident owns their

manufactured home, while still being subject to space rents. Manufactured homes are costly and

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difficult to move, and there may not be available spaces in other nearby manufactured home parks

to relocate to in which to relocate, resulting in the park resident having fewer options to move out

of the park to find lower rents.

B. Park owners, having made a business investment in the manufactured home park, have the

right to receive a fair return on their property. Nonetheless, as a result of the unique tenancy

circumstance that park residents are in circumstances of park residents, park owners should be

subject to reasonable procedures in the imposition of space rents.

C. For these reasons, among others, the Council finds and declares it necessary to provide a

process whereby manufactured home residents are not subject to excessive rent increases, while at

the same time recognizing the rights of park owners to receive a fair return on their property and

rental income sufficient to cover reasonable increases in the cost of repairs, maintenance,

insurance, employee services, additional amenities, and other costs of operation.

6.02.020 Definitions.

“Capital improvements” means those new improvements which directly and primarily benefit

and serve the existing residents by materially adding to the value of the park, appreciably

prolonging its useful life, subject to the following limitations:

1. The capital improvement must have a life expectancy of three (3) years or more and

must be treated as a capital improvement for federal and state income tax purposes, and may

not be deducted for such tax purposes as expenses.

2. Normal routine maintenance and repair is not capital improvement.

3. Insured repairs and replacement are not capital improvements.

4. The improvements must be permanently fixed in place or relatively immobile.

“Capital replacement” means the substitution, replacement, or reconstruction of a piece of

existing equipment, machinery, streets, sidewalks, utility lines, landscaping, structures, or

recreational amenities, which materially benefits and adds value to the park.

1. The capital replacement must have a life expectancy of three (3) years or more, and

must be treated as capital replacement for federal and state income tax purposes, and may not

be deducted for such tax purposes as expenses.

2. Normal routine maintenance and repair is not capital replacement.

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3. Insured repairs are not capital replacement.

“Chapter” means all sections of Chapter 6.02 of the City of Santa Clarita Municipal Code.

“CPI” means the Consumer Price Index (all items) prepared by the Bureau of Labor Statistics

for the Los Angeles-Riverside-Orange County area relating to all urban consumers. If the method

of calculating the CPI is substantially revised after the adoption of the ordinance codified in this

chapter, the method in effect upon adoption of such ordinance shall continue to be used, or the

revised CPI shall be adjusted by the Finance Director of the City to correspond to such method.

“Government required services” means services required by governmental agencies which are

new or which are in addition to those services legally required to be provided by the park owner or

the resident or the park on August 1, 1990. Such services include fees, bonds, assessments, and

charges legally levied by an agency of the federal, state, or local government upon the park owner.

Such services do not include predictable expenses for operation of the park, such as common area

utilities, expenses, or expenses which maintain the safe and healthful use of the park facilities.

“Lease” shall mean an agreement between the park owner and the resident establishing terms

and conditions of a tenancy which includes a predetermined fixed space rent increase applied for a

predetermined length of time longer than one month.

“Manufactured home” shall be synonymous with the term “mobilehome” and shall mean a

structure designated or designed for human habitation, transported over the highways to a

permanent occupancy site, and installed on the site either with or without a permanent foundation.

The term “manufactured home” does not include either a recreational vehicle or a commercial

coach, as such terms are defined in the Health and Safety Code.

“Manufactured home park” and “park” shall be synonymous with the term “mobilehome

park” and means an area of land where two (2) or more manufactured home spaces are rented or

leased out for owner-occupied manufactured homes used as residences. The term “manufactured

home park” does not include developments which sell lots for manufactured homes or which

provide condominium ownership of such lots, even if one or more homes in the development are

rented or leased out.

“Manufactured home park owner” or “park owner” means the owner, lessor, operator,

manager, or designated agent thereof of a manufactured home park in the City of Santa Clarita.

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“Manufactured home resident” or “resident” means any person entitled to occupy a

manufactured home as the owner thereof or pursuant to a rental or lease agreement with the owner

of a manufactured home.

“Panel” shall mean the manufactured home rental adjustment panel, as established by this

chapter.

“Panel-Approved Summary” shall mean a document approved by the panel, providing

manufactured home park owners and residents with a summary of requirements related to the

contents of a rent adjustment notice and the right of the resident to request a hearing before the

panel, pursuant to section 6.02.120.

“Rental agreement” means an agreement between the manufactured home park owner and a

resident establishing the terms and conditions of a month-to-month tenancy.

“Space rent” means the consideration, including any bonus, benefits, or gratuities, demanded

or received for or in connection with the use or occupancy of a manufactured home within a

manufactured home park. The use and occupancy of a rental unit shall include the exercise of all

rights and privileges and use of all facilities, services, and amenities accruing to the residents

thereof for which a separate fee authorized by the Mobilehome Residency Law (California Civil

Code Section 798, et seq.) is not charged. Nothing herein shall be construed to prevent a park

owner from establishing such fees as may be authorized by the Mobilehome Residency Law.

Space rent shall not include utility charges for utility services, including gas, electricity, and/or

sewer service provided to an individual manufactured home residence (as opposed to the park in

general) where such charges are billed to such a resident separately from the space rent, and such

charges are limited to the actual value of the utility service provided in the individual residence.

6.02.030 Applicability.

A. General. The provisions of this chapter shall apply to all manufactured home park sites.

B. Leases. The provisions of this chapter shall not apply to tenancies covered by a lease

agreement in existence at the time this chapter becomes effective. This exemption shall apply only

for the duration of the lease. Upon the expiration or termination of such lease, this chapter shall

automatically become applicable to the tenancy. Spaces not covered by such a lease and not

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exempt from this chapter by state law (inclusive of Civil Code Section 798.17) shall be deemed to

be spaces regulated by this chapter.

6.02.040 Manufactured Home Rental Adjustment Panel.

A. Establishment. The manufactured home rental adjustment panel of the City of Santa

Clarita is hereby established.

B. Membership. The panel shall consist of a total of five (5) members. The membership of

the panel shall consist of two members elected from and by the park owners, two members elected

from and by the residents, and one member chosen from a list of at least two potential members

drawn up by the City Manager. The fifth member shall not be a resident of a manufactured home

park, have an ownership interest in a manufactured home park, or receive financial benefit from

investment in a manufactured home park. Such member shall not have a personal or professional

involvement in matters relating to manufactured home parks. The fifth member shall be chosen by

majority vote of the four elected members. In the case of a tie, the City Manager shall cast the

deciding vote.

C. In no case shall both resident-representatives or both owner-representatives be from the

same manufactured home park. If a panel election process results in the highest two vote-getters

for the resident-representative position, or the highest two vote-getters for the owner-representative

position being from the same park, the individual with the higher number of votes from that park

will be seated. The second seat will be awarded to the next highest vote-getter from another park.

Any dispute or contest regarding an election, the election rules, regulations, procedures, or election

results shall be determined by the City Manager, and the City Manager’s decision shall be final.

D. Term of Elected Representatives. Each member of the panel shall serve for a term of three

(3) years. Each member shall hold office until a new member has been duly sworn-in. In the case

of a resignation from the panel during the three-year term, the next highest vote-getter from the

most recent election will be asked to fill the vacant seat, as long it does not result in both resident-

representatives or both owner-representatives being from the same park. If the appointment of the

next highest vote-getter will result in both resident-representatives or both owner-representatives

being from the same park, the next highest vote-getter from another park will be appointed. In the

case of a panel member resignation or inability to serve on the panel during the three-year term,

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and when there are no resident-representatives or owner-representatives willing or available to fill

the seat, an election will be held to fill the seat according to procedures and a schedule set by the

City Manager.

E. Term of the Appointed Member. The appointed member shall serve for a three-year term.

In the case of a resignation or inability to serve on the panel during the three-year term, the City

Manager shall provide the four elected members of the panel with a list of at least two (2) potential

candidates, and the panel shall conduct a majority voting process as outlined in this section.

F. Absences. Any member who is absent, without sufficient cause, from three (3)

consecutive meetings of the panel shall be deemed to have vacated the office.

G. Meetings. All meetings of the panel shall be conducted in accordance with the provisions

of the Ralph M. Brown Act.

H. Guidelines, Rules, and Regulations. The City Council may from time to time adopt by

resolution such guidelines as it deems necessary to assist and direct the panel in the

accomplishment of its duties. The panel may make and adopt its own rules and regulations for

conducting its business consistent with the laws of the state, this chapter, and any guidelines

adopted by the City Council. Any such rules and regulations shall be put in writing and be on file

with the secretary of the panel at all times. The panel may appoint such officers as it may deem

necessary to carry out its duties.

I. Staff. The City Manager shall provide all administrative staff necessary to serve the panel.

Staff from the Department of Community Development shall serve as the secretary of the panel and

shall be responsible for the maintenance of all records of the panel. The secretary of the panel shall

keep a record of its proceedings, which shall be open for inspection by any member of the public.

The City Attorney or the designee of the City Attorney shall act as legal counsel to the panel.

J. Quorum. A quorum shall be constituted in only one of two ways:

1. Three (3) members, with at least one (1) member elected by the residents, at least one

(1) member elected by the park owners, and the fifth member chosen by the four elected

members.

2. Four (4) members, with at least two (2) members elected by the residents, and at least

two (2) members elected by the park owners.

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K. Adoption of Findings. A majority vote of all members, i.e., three (3) votes, is required for

the adoption of any findings and/or order pertaining to an application filed hereunder and for the

adoption, amendment, or repeal of any rules and regulations of the panel, or to take action on any

other matter.

L. Duties. The panel shall undertake and have the following duties, responsibilities, and

functions, together with all powers reasonably incidental thereto:

1. To meet from time to time as may be specified by the rules and regulations of the panel

in order to carry out its duties.

2. To hear appeals brought before them and make determinations on space rent

adjustments as provided for in this chapter.

3. To make such studies, surveys, and investigations, conduct such hearings, and obtain

such information as is necessary to carry-out its powers and duties.

4. To adopt, amend, and rescind such administrative rules as may be necessary to carry-out

the purposes and policies of this chapter and to enable the panel to carry-out its powers and

duties hereunder.

5. To undertake such other related duties as may be assigned by the City Council.

6.02.050 Registration.

A. Registration. Park owners must register all manufactured home parks and manufactured

home rental spaces within such parks with the Department of Community Development. The

registration shall include all of the following:

1. All information requested on forms sent by the City to the park owner for the purpose of

registration.

2. A rent roll for the month immediately preceding the registration, reflecting the space

number, resident name, space rents and a listing of all other charges paid by the park resident

including:

a. Utilities not included in space rent.

b. Any amortized capital improvement or replacement charges.

c. Any other monthly fees as may be required of the resident.

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B. Re-registration. The Department of Community Development is hereby empowered to

require such re-registration as it deems necessary.

C. Applicability. The registration requirements provided for in this section or which may be

established by the Department of Community Development shall apply to all manufactured home

parks, including those exempt from the space rent ceiling limitations and procedures in the chapter

by reason of the existence of a valid space rent agreement.

6.02.060 Registration Fee.

A. Establishment of Fee. Park owners shall pay to the City of Santa Clarita a registration fee

for each manufactured home rental space regulated by this chapter within the park as may be

established by resolution of the City Council. Half of the fee paid for each space may be charged

to the park resident occupying that space by a separately specified one-time charge on a space rent

bill within sixty (60) calendar days after the fees have been paid to the City. The registration fee

shall not apply to parks and spaces exempt from the payment of fees by state law (inclusive of Civil

Code Section 798.17).

B. Penalty. If a park owner does not pay the fee provided for in subsection A of this section

within the time period established therein, a late charge shall be assessed in an amount as

established by resolution of the City Council.

C. Unpaid Fees. No panel appeal hearing shall be scheduled or take place regarding a park

for which there is an unpaid registration bill. If an unpaid registration bill is paid, including any

penalties accrued, a hearing may then be scheduled. Failure to pay a City registration fee is not

grounds for a space rent adjustment appeal.

D. Purpose of Fee. The registration fee provided for by this section is intended to defray any

reasonable and necessary costs associated with the administration of the regulations contained in

this chapter.

E. Accounting of Funds. The Director of Community Development is directed to maintain an

accurate accounting of all direct and indirect costs of administering the regulations contained in this

chapter. The Director of Community Development shall submit to the City Manager a report of

such costs at least annually.

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6.02.070 Space Rent Limit.

A. Effective Date. No manufactured home park owner shall charge space rent for any

manufactured home space in an amount greater than the space rent in effect on August 1, 1990,

except as permitted pursuant to the provision of this chapter.

B. Exemption. If a park space is exempt from the application of the space rent limitation or

registration fee portion of this chapter by reason of the existence of a space rent agreement and this

agreement expires, the space rent limit for that space shall be the space rent in effect on the date

immediately preceding the date on which the agreement expires.

6.02.080 Annual Space Rent Adjustment Notice.

A. Notice. Prior to the annual space rent adjustment, the park owner shall provide the

resident with a notice of proposed rent adjustment at least ninety (90) calendar days prior to the

effective date of the adjustment, and issue the notice no later than October 1, to be effective either

on January 1 of the following year or on the resident’s anniversary date following January 1. All

space rent adjustment notices shall contain all of the following information:

1. A listing of all affected spaces by space number only. The name of the resident and

amount of space rent shall not be included in the listing. Affected spaces include all those

spaces being notified of a proposed space rent adjustment; and

2. A copy of the current Panel-Approved Summary of this chapter. The Summary will be

provided annually to the park owner by the City for inclusion in the annual space rent

adjustment notice; and

B. Standard Space Rent Adjustments. For a space rent adjustment which is based on

6.02.090(C) – Standard Space Rent Adjustments:

1. A statement that the park owner considers that portion of the space rent adjustment to

be consistent with the limitations set forth in section 6.02.090(C) of this chapter; and

2. The amount of that resident’s space rent adjustment both in dollars and as a percentage

of existing rent; and

3. The amount of the resident’s space rent adjustment attributable to an increase in

government required services in dollars; and

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4. The amount of the resident’s space rent adjustment attributable to an increase in utility

costs in dollars.

C. Non-Standard Space Rent Adjustments. For a space rent adjustment which is based on

6.02.090(D) – Non-Standard Space Rent Adjustment:

1. A statement that the park owner considers that portion of the space rent adjustment to

be consistent with the limitations set forth in Section 6.02.090(D),

2. The amount of that resident’s space rent adjustment both in dollars and as a percentage

of existing rent; and

3. Information supporting the level of non-standard space rent adjustment proposed. Such

information must include all of the following:

a. Specific reference to which allowable costs are being included in the proposed non-

standard rent adjustment by citation from section 6.02.090(D); and

b. The mathematical calculations or analysis relied upon by the park owner to determine

the amount of the proposed non-standard space rent adjustment, including the amortization

time period assigned to each capital improvement or capital replacement as provided for in

section 6.02.110 (A); and

c. A statement informing the resident that the supporting documentation for the non-

standard space rent adjustment will be available to park residents at the park management

office during all normally observed office hours beginning the same day the notice is

provided.

D. Supporting Documentation. All non-standard space rent adjustments shall be supported by

source documentation related to the amount of the space rent adjustment and the mathematical

calculations or analysis contained in the notice. The source documentation for a non-standard

space rent adjustment shall be kept in the park management office for at least forty-five (45) days,

beginning on the date of the notice, and will be available for review by affected park residents

during all normally observed office hours. In cases where a space rent appeal petition has been

submitted which meets the criteria set forth at section 6.02.120, the supporting documentation shall

remain available until a final determination is made on the appeal.

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During the periods described above, copies of all supporting documents will be provided to

affected residents upon request. A resident may request the documentation in one or both of the

following formats:

a. Physical copies shall be provided at a fee set by the park owner, not to exceed $.25 per

page.

b. Electronic copies shall be provided free of charge, in a PDF or similar format, as an

email attachment sent to the requesting resident’s email address.

E. The park owner and resident shall execute a single document related to the annual rent

adjustment, stating that the information, documents or notices required by this section have been

received by the tenant. The original of the document acknowledging receipt of information,

documents, or notices required by this section shall be retained by the owner and a copy thereof

provided to the resident. In the event a resident fails or refuses to execute the document required

herein within ten (10) days after the park owner’s request that the tenant do so, the park owner shall

prepare a declaration under penalty of perjury stating that the information, documents, or notices

required by this section have been delivered to the resident, the date the park owner requested the

resident to sign the joint document acknowledging receipt, and the date the declaration was

executed.

6.02.090 Allowable Methods for Annual Space Rent Adjustments.

A. Frequency. The annual space rent adjustment may occur only once every calendar year.

B. Annual Space Rent Adjustment Methods. Any annual space rent adjustment shall follow

only one of the two methods outlined below: either an annual space rent adjustment based on

section 6.02.090 (C) – Standard Space Rent Adjustments, or an annual space rent adjustment based

on section 6.02.090 (D) – Non-Standard Space Rent Adjustments.

C. Standard Space Rent Adjustments. The following adjustments in rent shall be permitted

by right and may not be appealed except in the situations specified in section 6.02.120(A). This

adjustment shall be calculated using the Consumer Price Index (CPI) reported each August for the

previous twelve (12) month period of August 1 through July 31 reported by the Bureau of Labor

Statistics for the Los Angeles-Riverside-Orange County area.

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1. An adjustment of space rent less than or equal to a minimum of two and six-tenths

percent (2.6%) and a maximum of the lesser of either five percent (5%), or the annual

adjustment in the CPI reported each August for the previous twelve (12) month period of

August 1 through July 31 reported by the Bureau of Labor Statistics for the Los Angeles-

Riverside-Orange County areas. In such cases where the CPI is at or below zero percent (0%),

a reduction in space rent is not required; and

2. An adjustment based on the actual increase in the cost of government-required services;

and

3. An adjustment based on the actual increase in utility costs where such utilities are

included in the space rent.

The Director of Community Development or designee, annually, will receive the CPI updated

result and cause notice of such to be mailed to each park owner and park resident in the City. Such

standard space rent adjustments will be calculated on the space rent only, and will not be calculated

on monthly costs related to amortized capital improvements or replacements, utilities, or other

costs not part of the space rent.

D. Non-Standard Space Rent Adjustments. An adjustment to pay for the actual costs of

capital improvement or capital replacement as defined in the definitions section of this chapter,

which were incurred within the 24 months prior to the rent adjustment notice, and are not otherwise

disallowed by state law. Costs must be amortized as permitted in section 6.02.110.

E. Appeal Considerations – Standard Space Rent Adjustments. In the case of a standard

space rent adjustment, an appeal may only be brought before the panel in the situations outlined in

section 6.02.120(A). In making their determination, the panel may consider all relevant

information and may request any such information or documentation as they deem necessary,

including but not limited to:

1. Verbal testimony

2. Copies of bills, invoices, or statements

3. Copies of receipts or checks

4. Other documents supporting the level of adjustment proposed

F. Appeal Considerations – Non-Standard Space Rent Adjustments. In making their

determination on the appeal of a non-standard space rent adjustment, the panel may consider all

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relevant information and may request any such information or documentation as they deem

necessary, including but not limited to:

1. Verbal testimony

2. Copies of documents made available to the residents as part of the noticing requirement,

outlined in section 6.02.080(D)

3. Other documents supporting the level of increase proposed.

6.02.110 Amortization Schedule.

A. For the purpose of determining any rent adjustment permitted under the provisions of this

chapter, the cost of capital improvements or capital replacements shall be amortized according to

the following schedule, for those items listed. For items meeting the definition of capital

improvement or capital replacement herein, but not listed on the amortization schedule, the

amortization period shall be consistent with that prescribed by federal law for depreciation.

Type of Improvement or Replacement Amortization period

Backflow device 10 years

Carpeting 5 years

Copier 6 years

Copper pipes 10 years

Drapes 5 years

Gas barbecue 3 years

Gas line 15 years

Gas valve and fire hydrant 10 years

Heater motor 5 years

Houses 30 years

Light fixtures 5 years

Linoleum floor 5 years

Oven 6 years

Patio furniture 5 years

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Pool heater 5 years

Pump 5 years

Refrigerator 6 years

Roofing 18 years

Security fence 5 years

Sewer line construction 15 years

Solar system 10 years

Telephone system 6 years

Water heater 10 years

Water softener 5 years

B. Space Rent Invoice Documentation. Any amortized capital improvement or capital

replacement cost imposed as part of a non-standard space rent adjustment must be clearly marked

on the space rent invoice, or on another document included with the space rent invoice, with name

of the capital improvement or capital replacement, the monthly amount, and the date the cost will

expire. If a cost is not removed from the space rent invoice in a timely manner, residents may

request an appeal before the panel.

C. Amortized Costs Not Removed. A request for a hearing based on an amortized cost not

removed in a timely manner may be part of the appeal petition of an annual space rent adjustment,

or as a separate item. If an appeal petition based on an amortized cost not removed in a timely

manner is submitted outside the annual space rent adjustment appeal process, it must meet the

requirements of section 6.02.120 (B) through (F). If the panel determines that an amortized cost

was not removed in a timely manner, resulting in overpayment by the park residents, the panel may

require the amortized cost to be removed and may require the park owner to reimburse affected

residents the amount of overpayment, subject to any limitations imposed by law at the time of the

panel’s decision.

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6.02.120 Annual Space Rent Adjustment Appeal Petitions.

A. Time Limits. A petition requesting an appeal hearing for an annual space rent adjustment

as allowed for in this chapter must be filed with the Department of Community Development

within forty-five (45) calendar days of service of the notice of proposed space rent adjustment, or

forty-five (45) calendar days from the date of the space rent increase if no notice is received,

whichever applies. Appeals may not be heard for a standard space rent adjustment based on

section 6.02.090(C), except for one or more of the following reasons:

1. The CPI percentage adjustment proposed in the notice is above the actual CPI

percentage provided in the City‘s most recent notice to the park residents and park owners.

2. The increased costs of government required services or utility costs in the proposed

space rent adjustment are greater than the actual costs incurred by the park owner.

3. A notice that is not substantially in conformance with the requirements at section

6.02.080.

B. Appeal Request Form. Appeal petitions must be submitted on an Appeal Request Form

approved by the Panel and obtained from the Community Development Department. All pages of

the form must be complete and the petition signature page must contain signatures from residents

of at least fifty percent (50%) of the spaces regulated by this chapter and affected by the proposed

space rent adjustment, plus one additional regulated and affected space.

C. Park Owner Notification. The residents submitting the appeal must provide a full copy of

the appeal petition to the park owners within ten (10) calendar days of submission to the

Department of Community Development.

D. Determination by Director of Community Development. It shall be the sole discretion of

the Director of Community Development (Director) to determine if the basis upon which the

petition for appeal is filed meets the criteria set forth in this chapter. No hearing will be scheduled

unless such a determination is made. Only if the Director determines that the appeal meets the

criteria of this chapter will a hearing be scheduled.

1. If the Director determines that an appeal petition does not meet the criteria set forth in

this chapter, the Director shall cause the park owner or other person designated on the park’s

registration and the affected residents to be notified. Such notice shall be mailed, first-class

postage prepaid, within fifteen (15) calendar days of the submission of the appeal petition.

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2. If the Director determines that an appeal petition meets the criteria set forth in this

chapter, he shall cause the park owner or other person designated on the park’s registration and

the affected residents to be notified of the time, date, and place of the hearing. Such notice

shall be mailed, first-class postage prepaid, at least fifteen (15) calendar days prior to the

scheduled hearing date.

6.02.130 Change in Ownership Space Rent Adjustment Procedures.

A. Manufactured Home Sale. Notwithstanding any other provision of this chapter, if a

manufactured home is voluntarily vacated by all tenants as a result of a sale of the manufactured

home to a new owner, and the manufactured home is not removed from the site, then the rent may

be increased by an amount not to exceed ten percent (10%). The rent may only be increased

pursuant to this section once in any twelve (12) consecutive-month period, regardless of additional

changes in ownership. A change in ownership increase does not preclude an annual space rent

adjustment in the same calendar year, so long as all noticing requirements as set forth in section

6.02.080(C) are observed.

B. Notice to Prospective Manufactured Home Buyer. As required in California Civil Code

section 798.74.5, within two (2) business days of receiving a request from a prospective

homeowner for an application for residency for a specific space within a manufactured home park,

if the management has been advised that the manufactured home occupying that space is for sale,

the management shall give the prospective homeowner a separate document entitled

‘‘INFORMATION FOR PROSPECTIVE HOMEOWNERS,’’ which will include the space rent for

the prospective manufactured home buyer.

C. Notice to Manufactured Home Seller. The park owner will also provide a copy of

‘‘INFORMATION FOR PROSPECTIVE HOMEOWNERS,’’ to the resident selling their

manufactured home. It shall be the responsibility of the current manufactured home owner selling

the manufactured home to verify that the proposed space rent for the prospective buyer of their

manufactured home does not exceed the increase allowed in this section.

D. Remedy. If a manufactured home park resident seller or prospective manufactured home

park buyer believes that the park owner is exceeding the permitted ten percent (10%) increase on

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space rent for a change in ownership, the party may seek any judicial remedy provided by law to

enforce this section.

6.02.150 Vacant Spaces.

If a space becomes vacant by virtue of there being no manufactured home situated on the

space or the manufactured home on the space is owned by the park owner, and the space has not

been rented to a resident for at least thirty (30) calendar days, the space rent may be increased to a

rate as determined by the park owner at the time the space is initially rented to a new manufactured

home owner. Once the space is rented to a new manufactured home owner, all other controls in

this chapter shall become effective.

6.02.160 Appeal Hearings.

A. Conduct of Hearing. The park owner and resident may appear at the rent adjustment

hearing and offer oral and documentary evidence. All parties to a rent adjustment hearing may

have assistance in presenting evidence and testimony and developing their position from attorneys,

experts, or such other persons as may be designated by said parties. The hearing may be continued

for a reasonable period of time as determined by the panel upon the consent of the parties or upon a

finding of good cause for such continuance made by the panel. All hearings and deliberations of

the panel shall be open to the public.

B. Appeal Justifications. Rent adjustment hearings may only be held for the causes specified

in 6.02.080 – Annual Space Rent Adjustment Procedures, and 6.02.110 – Amortization Schedule.

C. Rules of Evidence. The hearing need not be conducted according to the technical rules

relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall

be of the type on which responsible persons are accustomed to rely in the conduct of serious affairs.

A full and fair hearing shall be accorded to the parties to the hearing.

D. Preserving the Record. The proceedings shall be recorded electronically. Any party who

desires that the proceedings be recorded stenographically shall make arrangements with the

Department of Community Development at least five (5) calendar days before the hearing. Any

transcripts prepared by a reporter at the party’s request shall be at his or her expense, and the

original shall be filed with the Department of Community Development. If the party makes a

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request for a transcript of the electronic recording at the time of or after the hearing, he or she shall

make arrangements to copy the official recording with the Department of Community

Development. All expenses incurred for the transcript will be borne by the requesting party.

E. Subpoenas. The panel may issue subpoenas requiring the attendance of witnesses and/or

the production of books or other documents necessary for evidence of testimony in any action or

proceedings before the panel upon request by the panel. Said subpoenas shall be signed by the

chairperson or his or her designated substitute and attested by the secretary. Failure to comply with

such subpoena shall result in contempt proceedings under Government Code Sections 37106

through 37109.

6.02.170 Decision of the Panel.

A. Timing. After reviewing the record and any additional evidence requested of the parties

which has been provided, the panel shall make its determination in accordance with the standards

specified in this chapter. The panel shall render its findings and decisions no later than the end of

the next panel meeting following the close of the panel’s discussion on the matter before them.

B. Notification of Determination. The secretary shall, within ten (10) days after such decision

is rendered, send a copy of the panel’s findings and decision to the park owner or other person

designated on the park’s registration, first class postage prepaid, to the affected residents residing in

the park for which the space rent adjustment appeal was brought.

C. Final Decision. Any decision of the panel must be supported by a preponderance of the

evidence. The panel’s allowance or disallowance of any rent adjustment or portion thereof may be

reasonably conditioned in any manner necessary to carry out the purpose of this chapter. The

decision of the panel shall be final and binding on all parties and shall not be subject to appeal or

any additional panel reconsideration. A party not satisfied with a decision of the panel may seek

any judicial remedy provided by law.

6.02.180 Miscellaneous Provisions.

A. Waiver Ability. Rental agreements between a park owner and resident which are

exempted from local regulation by California Civil Code Section 798.17 or other state statutes are

permitted. The rental rates and other terms of such agreements shall prevail over regulations and

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decisions made pursuant to this chapter. For all such rental agreements which expire, the last

monthly rental rate charged under the rental agreement shall be the space rent ceiling used to

calculate the annual adjustment for the space. Any other provisions or agreement, whether oral or

written, in or pertaining to a rental agreement whereby any provision of the ordinance or decision

or regulation of the panel for the benefit of a resident is waived, shall be deemed to be against

public policy and shall be void.

B. Severability. If any provision or clause of this chapter or the application thereof to any

person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of

competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or

applications thereof which can be implemented without the invalid provision or clause or

application, and to this end, the provision and clauses of this chapter are declared to be severable.

C. Subpoenas. The panel may issue subpoenas requiring the attendance of witnesses and/or

the production of books or other documents necessary for evidence of testimony in any action or

proceedings before the panel upon request by the panel. Failure to comply with such subpoena

shall result in contempt proceedings under Government Code Sections 37106 through 37109.

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SECTION 2. This Ordinance shall be in full force and effect thirty (30) days from its

passage and adoption.

SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause

the same to be published as required by law.

PASSED, APPROVED, AND ADOPTED this 10th day of March 2015.

______________________________

MAYOR

ATTEST:

CITY CLERK

DATE:___________________________

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foregoing Ordinance 15- was regularly introduced and placed upon its first reading at a regular

meeting of the City Council on the 24th

day of February 2015. That thereafter, said Ordinance was

duly passed and adopted at a regular meeting of the City Council on the 10th day of March 2015,

by the following vote, to wit:




AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 15- and was

published in The Signal newspaper in accordance with State Law (G.C. 40806).

______________________________

CITY CLERK

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Agenda Item: 12


AGENDA REPORT

NEW BUSINESS



SUBJECT: SANTA CLARITA VALLEY SANITATION DISTRICT'S DRAFT

SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR

ALTERNATIVE DEEP WELL INJECTION SITE


PRESENTER: Kenneth W. Striplin

RECOMMENDED ACTION

City Council:

1. Provide direction to staff regarding whether to request an extension to the comment period

for the Santa Clarita Valley Sanitation District’s Draft Supplemental Environmental Impact

Report for Alternative Deep Well Injection Site.

2. Provide direction to staff regarding whether to request consideration of alternative solutions

to the proposed deep well injection site.

BACKGROUND

At the regular City Council meeting of February 24, 2015, the City Council requested to

agendize an item regarding consideration of an extension to the Santa Clarita Valley Sanitation

District’s Draft Supplemental Environmental Impact Report (SEIR) for Alternative Deep Well

Injection Site and discuss consideration of alternative solutions to the proposed deep well

injection site. The original due date for public comment on the Draft SEIR was March 2, 2015.

This date has been extended to March 23, 2015.

ALTERNATIVE ACTION

No alternative actions have been identified by staff.

FISCAL IMPACT


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