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HomeMy WebLinkAbout2016-01-26 - AGENDA REPORTS - SENIOR MOBILE HOME CHPTR 6.02 (2)Agenda Item: 10 CITY OF SANTA CLARITA Q) AGENDA REPORT NEW BUSINESS i, CITY MANAGER APPROVAL: fAl DATE: January 26, 2016 SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE RELATED TO SENIOR MOBILEHOME PARKS, AND ADOPT CHANGES TO CHAPTER 6.02 OF THE SANTA CLARITA MUNICIPAL CODE REGARDING ALTERNATE PANEL MEMBERS DEPARTMENT: Community Development PRESENTER: Joseph Montes RECOMMENDED ACTION City Council: Adopt an Ordinance entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES." 2. Adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 6.02.040 OF CHAPTER 6.02 TO TITLE 6 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE ELECTION OF ALTERNATES TO THE MANUFACTURED HOME RENTAL ADJUSTMENT PANEL." BACKGROUND At their January 12, 2016, meeting, the City Council requested a moratorium on senior park conversions be agendized for their January 26, 2016, meeting. Additionally, City Council requested staff prepare amendments to Chapter 6.02 of the Santa Clarita Municipal Code to have alternates to the Manufactured Home Rental Adjustment Panel (Panel). Government Code sections 36937 and 65858 authorize the City Council to adopt, as an urgency measure, an interim ordinance prohibiting the conversion of senior -only mobilehome parks to Page 1 PacketPg. 68 all -age mobilehome parks to protect the limited supply of senior housing in the City There is a lack of senior housing options in and around the City of Santa Clarita that will only increase with the aging population of the community. Mobilehome parks represent one of a few affordable housing options left to senior citizens that permit exclusive residence in a detached dwelling by those individuals over the age of 55 years. There are 16 mobilehome parks in the City, of which four are operating as senior mobilehome parks. The four senior mobilehome parks represent approximately 524 spaces out of 1,981 spaces, or 26% of all of the mobilehome spaces in the City. Recently, the Ninth Circuit Court of Appeals issued a ruling in Putnam Family Partnership v. City of Yucaipa, (Putnam) (2012) 673 F.3d 920, in which it determined that the City of Yucaipa was not preempted from creating an overlay district that restricted the age of certain mobile home residents to 55 and over. In addition, by creating the overlay district, the City of Yucaipa did not discriminate in housing on the basis of familial status. In light of this recent judicial decision and the need to preserve senior housing options, the City of Santa Clarita wishes to adopt a moratorium on conversions of senior -only mobilehome parks to all -age mobilehome parks while it considers its options concerning the implementation of a senior mobilehome park overlay district. The proposed urgency ordinance would establish a 45 -day moratorium that would apply to all mobilehome parks in the City. The moratorium will give City staff time to study the issue of senior housing in the City and determine if senior mobilehome parks would satisfy the requirements of the law to be regulated permanently as senior housing. The moratorium period may be extended by ordinance of the City Council after a public hearing. Chapter 6.02 of the City's Municipal Code was amended in July of 2015 after a nearly two-year process of working with residents, community members, and park owners. This is the first opportunity for staff, residents, and park owners to comply with the new provisions of Chapter 6.02, as well as the first time for the Panel to apply and implement the Chapter. Concerns over the make up of the Panel and potential recusals due to conflict of interest issues have been raised. Amendments to Chapter 6.02 have been prepared providing for alternates to serve in cases where a resident representative or park owner representative are conflicted from participating in a rent increase hearing. The code amendments would be effective after the Panel's next election cycle in summer 2016. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None ATTACHMENTS Urgency Ordinance - Moratorium on Senior Park Conversions Ordinance - Amendment to SCMC 6.02 - Create Alternate Panel Member Page 2 Packet Pg. 69 ORDINANCE NO. 16 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES WHEREAS, as set forth in the Housing Element of the City's General Plan, an important goal for the City of Santa Clarita (City) is to preserve the existing senior housing stock, which is represented in part by affordable mobilehome housing; and WHEREAS, there is a current and immediate threat to the public health, safety, and welfare arising from the lack of senior housing options for citizens aged 55 and older in and around the City; and WHEREAS, mobilehome parks represent one of a few affordable housing options left to senior citizens that permit exclusive residence in a detached dwelling by those individuals over the age of 55 years; and WHEREAS, mobilehome parks represent less than 3% of the City's housing stock. "Converting" mobilehome parks from "senior -only" to "all -age" parks would reduce the number of senior housing units available to those persons 55 years of age and older. Change from a senior - only to an all -age mobilehome park will unduly burden and irreparably harm senior citizens within the community. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings of Fact. A. There are 16 mobilehome parks in the City, four of which are operating as senior mobilehome parks. The four senior mobilehome parks represent approximately 524 spaces out of 1,981 spaces, or 26% percent of all of the mobilehome spaces in the City. B. The October 2013 Housing Element further identifies how the City is already losing some of its affordable senior housing stock, and how current trends show that lower- income seniors are having increasing difficulty in paying rent. Furthermore, residents of senior mobilehome parks requested the City study this issue and develop a zoning ordinance restricting the change of senior -only mobilehome parks to all -age mobilehome parks prior to the loss of any additional affordable senior housing stock C. Article XI, Section 7 of the California Constitution authorizes cities to adopt local police, sanitary, and other ordinances not in conflict with general laws. D. The California Legislature has authorized cities to provide zoning for senior -only mobilehome parks pursuant to Health and Safety Code §18300. 10.a Packet Pg. 70 10.a E. In 2009, the City of Yucaipa adopted an ordinance which amended its land -use plan by creating a Senior Mobilehome Park Overlay District. The ordinance prohibited any of the 22 mobilehome parks in Yucaipa that operated as senior housing (defined as a park in which either 80% of the spaces are occupied by or intended for occupancy by at least one person who is age 55 or older, or 100% of the spaces are occupied by or intended for occupancy by people who are age 62 or older), from converting to all -age housing. Mobilehome park owners sued, alleging that the ordinance violated the Fair Housing Amendments Act (FHAA) by forcing them to discriminate on the basis of familial status, and by interfering with their ability to "aid[ ] or encourage[ ]" families with children in the enjoyment of fair housing rights. Plaintiffs also argued that the ordinance was preempted by the FHAA because it required plaintiff to take action that the FHAA prohibited. F. In 2012, the Ninth Circuit Court of Appeals issued a ruling in Putnam Family Partnership v. City of Yucaipa, (Putnam) (2012) 673 F.3d 920, in which it determined that the ordinance was not preempted and that the overlay district did not discriminate in housing on the basis of familial status in violation of FHAA under the federal senior housing exemption, since the FHAA's ban on familial status discrimination does not apply to "housing for older persons." The Putnam case has confirmed previous California Attorney General opinion that such senior -only zoning does not conflict with the general prohibition against discrimination based upon age contained in California Government Code §65008. (87 Cal. Ops. Arty. Gen. 148 (Oct. 20, 2004).) G. In light of this judicial decision, the City will consider developing new zoning regulations relating to the preservation of senior mobilehome parks, which zoning regulations include provisions relating to the location and age restrictions of such parks H. The City currently does not have a senior -only mobilehome park zoning ordinance in place, but such a zoning ordinance may be needed in the immediate future to preserve affordable housing options left to the City's senior citizens. Based upon the current state of the law, if a temporary moratorium is not established, existing senior mobilehome parks in the City could be eliminated. J. Moreover, the City requires time to study and decide: a. If an ordinance is necessary to protect the public health, safety, and welfare, and provide adequate local senior housing for the community's aging population; b. If such an ordinance would have any adverse effects upon the general housing market and particularly the senior and low-income housing market in the City. Further, whether any potential effects from the removal of a senior housing resource in the City constitutes a current and immediate threat to the public health, safety, and welfare; c. The extent the City may regulate internal operations of mobilehome parks; and d. Given the harm to the community by the removal of senior -only mobilehome parks, this moratorium is being established to preserve the status quo to provide time to Packet Pg. 71 10.a seek clarification of the law, and permit City staff to develop appropriate regulations consistent with the requirements of the law. K. Government Code sections 36937 and 65858 authorize the adoption of an urgency ordinance to protect the public health, safety, and welfare, and to prohibit certain land uses that may conflict with land -use regulations that the City's legislative bodies are considering or intend to study within a reasonable time. L. Accordingly, the City Council has determined that an urgency ordinance is necessary to protect the public health, safety, and welfare of the citizens of the City, and upon that basis has determined that an urgency ordinance is necessary to prohibit such mobilehome park conversions within the City. SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); section 15060(c)(3) (the activity is not a project as defined in section 15378); and section 15061(b)(3) (the activity will not have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. These findings are premised on the fact that the adoption of this ordinance will maintain existing environmental conditions arising from the City's current land use regulations without significant change or alteration. SECTION 3. Applicability. This ordinance shall not apply to any undeveloped parcels of land or to any mobilehome parks currently operating within the City where the number of full-time residents younger than 55 years of age comprises 21% or more of the total number of residents in the mobilehome park. SECTION 4. Moratorium. In order to protect the public health, safety, and welfare, and pursuant to the provisions of Government Code section 65858, the City adopts a moratorium prohibiting the 'conversion" of any mobilehome park currently in existence in the City, from a park where at least 80% of the full-time residents are individuals aged 55 years of age and older (a senior -only mobilehome park) to a mobilehome park accepting all ages of residents. SECTION 5. Report. Staff is directed to provide a written report to the City Council at least 10 days prior to the expiration of this ordinance, describing the study conducted of the local housing conditions that led to the adoption of this ordinance in accordance with State law. SECTION 6. Effective Date and Duration. This ordinance is an urgency ordinance enacted under California Government Code section 65858(a). This urgency ordinance is effective upon adoption by a four-fifths vote of the City Council and will extend for a period of 45 days from the date of adoption, at which time it will automatically expire unless extended by the City Council in accordance with California Government Code section 65858. SECTION 7. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Packet Pg. 72 10.a Further, the City Council hereby declares that this ordinance neither is intended to nor shall it impair the obligation of existing contracts. SECTION 8. Publication. 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 261h day of January 2016. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 16- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26t' day of January 2016. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 26th day of January 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 16- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Packet Pg. 73 10.b ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 6.02.040 OF CHAPTER 6.02 TO TITLE 6 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE ELECTION OF ALTERNATES TO THE MANUFACTURED HOME RENTAL ADJUSTMENT PANEL WHEREAS, Chapter 6.02 of the City's Municipal Code was amended in July of 2015 after a nearly two year process of working with residents, community members, and park owners. This is the first opportunity for staff, residents, and park owners to comply with the new provisions of Chapter 6.02, as well as the first time for the Manufactured Home Rental Adjustment Panel (Panel) to apply and implement the Chapter as it relates to rent adjustment hearing; and WHEREAS, concerns over the make-up of the Panel and potential recusals due to conflicts of interest have been raised by the residents and park owners. The City Council desires to address those concerns by creating a process in which an alternate can sit on the Panel in the event there is conflict which would prohibit a Panel member's participation, in order to avoid any tie votes as well has to have a full Panel to consider and deliberate the appeal; and WHEREAS, this amendment is within the City Council's police powers to regulate for the protection and benefit of the public health, safety, and general welfare of its residents in order to address the concerns presented to the City Council by manufactured home residents and park owners; and BASED ON THE ABOVE FINDINGS, THE STAFF REPORT, AND PUBLIC INPUT, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ADOPT THE FOLLOWING ORDINANCE: SECTION 1. Section 6.02.040 to Chapter 6.02 is hereby amended to read as follows: SECTION 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 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. Packet Pg. 74 w v c R C L 0 a v c w a� 0 00 v 10.b C. Elected Representatives. 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 neat 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 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 neat highest vote -getter from the most recent election will be considered an alternate and 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 neat highest vote -getter results in both resident -representatives or both owner -representatives being from the same park, the neat 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, and if there are no alternate 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 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 consecutive meetings of the Panel shall be deemed to have vacated the office. G. Panel Member Alternates. a. As a part of the tri -annual election process, an alternate resident Panel member and alternate park owner Panel member will also be elected. The alternate member will be elected as follows. After the respective Panel members have been determined as the highest vote getters in the election consistent with the provisions provided above, the neat highest vote getter in the applicable Panel member category will become the alternate Panel member. The selection of the alternate Panel member will be subject to all the same rules and terms as required for the election of Panel members. b. In the event there is a conflict of interest, or in the event a Panel member is not available and a date cannot be found within a reasonable timeframe for which they can attend a Panel meeting, for either a resident -representative or a park owner -representative, preventing them from participating in an appeal Packet Pg. 75 10.b hearing or other matter before the Panel, the alternate Panel member will be placed on the Panel to sit for the item in which there is a conflict. C. In the event the alternate elected Panel member is not available or if they choose not to assume the role of the alternate, the process to select a new alternate will follow the process set forth in this section for Panel members that resign. H. Meetings. All meetings of the Panel shall be conducted in accordance with the provisions of the Ralph M. Brown Act. 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. J. 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. K. Quorum. A quorum shall be constituted in only one of two ways: 1. Three members, with at least one member elected by the residents, at least one member elected by the park owners, and the fifth member chosen by the four elected members. 2. Four members, with at least two members elected by the residents, and at least two members elected by the park owners. L. Adoption of Findings. A majority vote of all members, i.e., three 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. M. Duties. The Panel shall undertake and have the following duties, responsibilities, and functions, together with all powers reasonably incidental thereto: a. 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; Packet Pg. 76 b. To hear appeals brought before them and make determinations on space rent adjustments as provided for in this Chapter; C. To make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry -out its powers and duties; d. 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; and e. To undertake such other related duties as may be assigned by the City Council. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. This Ordinance shall be in full force and effect 30 days from its passage and adoption. SECTION 5. Notwithstanding the prior section, the provisions of this Ordinance applying to the Manufactured Home Rent Adjustment Panel as provided for in Section 6.02.040 shall not go into effect until the commencement of the Panel's next election cycle in 2016, with an exception for the need to address any vacancies that may occur prior to the next election cycle. SECTION 6. 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 day of 2016. MAYOR ATTEST: CITY CLERK DATE: 10.b Packet Pg. 77 10.b STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the $ foregoing Ordinance 16- was regularly introduced and placed upon its first reading at a regular R meeting of the City Council on the 26a' day of January 2016. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2016, O by the following vote, to wit: w AYES: COUNCILMEMBERS: c 00 v NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 16- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Packet Pg. 78