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HomeMy WebLinkAbout2016-02-23 - ORDINANCES - CHAPTER 6.02 MOBILE HOME (2)ORDINANCE NO. 16-03 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 as 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. 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 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 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 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 next highest vote -getter results 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, 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 next 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 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. I. 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. 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: 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; b. To hear appeals brought before them and make determinations on space rent adjustments as provided for in this Chapter; 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 2. 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 3. This Ordinance shall be in full force and effect 30 days from its passage and adoption. SECTION 4. 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; and provided further that City staff is directed to conduct an election for temporary alternate members now whose terms shall only last until the next election cycle. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 1 1 1 11 PASSED, APPROVED, AND ADOPTED this 23`d day of February 2016. OR ATTEST: CITY CL RK DATE: r 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 16-03 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 23`d day of February 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Acosta, McLean, Boydston, Weste, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of 0.1 was published in The Signal newspaper in accordance with State Law (G� iC /�" CITY CLERK 16 -03 -and