 All right, welcome everybody. This is, thank you all for joining us at this Thursday, May 25th, regular scheduled city council meeting. May we have a roll call please? Council member Brachs, council member Clark. Here. Council member Peterson. Here. Vice mayor Brown. Here. And mayor Kaiser. Here. Would you all join in the Pledge of Allegiance? Thank you. Are there any additions or deletions this evening? And we do not have any presentations this evening, so that will take us to item four, which is additional materials. Staff has received numerous additional materials for tonight's agenda related to item eight A to date until the time that the meeting starting. Staff received 131 comments of those only two were in opposition to item eight A. In addition, although they were not processed as additional materials and accordance with our policy, staff has also received numerous phone calls and voicemails this week in support of item eight A. Item five, which is oral communications. I just want to remind everybody in the public that this is for items that are not on the main agenda items and or they could also be on consent items, just nothing on our regular agenda. Do we have any communication from the public? Good evening, Jerry Jensen. I just wanted to let everybody know about the Capital Warf Enhancement Project. We have a community meeting that's set up, that's scheduled for June 7th at six to 730 at the New Brighton Middle School Performance Art Building. And we also have our survey that is out, that is being advertised right now and will be out on social media tomorrow. And that's at www.capitalofvillage.com slash warf. And so the survey's out and also in there on the same website, it has information about the community meeting that is scheduled on June 7th. So hopefully everybody can participate in the survey and also come on and attend the meeting at New Brighton. So thank you for your time. Thank you. Any other members of the public? Don't see any in-house, is there anybody online? We do have one speaker with their hands raised, Mayor. Great. Paz Padilla, you've been allowed to speak. You'll have three minutes. Yes, good evening, Mayor and city members. I am Paz Padilla, Community Action Board Director of Programs and Impact. And with me is my colleague, Elisa Sanchez, Program Supporting Leader of the Homeless Prevention and Intervention Service Department. And as you know, this month is CAB's Celebrating and Action Month in during May. We are the designated Community Action Agency of our county. We're responsible with the mission of eliminating poverty and creating social change through advocacy and essential services. And we are also part of the national network of over 1,000 community action agencies across the country who are celebrating Community Action Month this May. As part of acknowledging Community Action Month, CAB highlights partnerships and impacts. One of our wonderful collaborations with Capitola is having Vice Mayor Christian Brown in our Board of Directors. And we're so appreciative of her time and support. Thank you, Christian, so much. It's always good working with you. And as you know now, CAB and the City of Capitola has had a long-standing partnership to help low-income families, seniors, and disabled residents to avoid eviction and homelessness through a rental assistance program known as RAP. We are so grateful to be a current community grant partner with the City of Capitola to provide this visual assistance to the City of Capitola. This fiscal year, July 1st, 2022 through the present, we have been able to serve eight Capitola households, benefiting 19 people, including nine adults and 10 children. To show you an example of the positive impact your funding partnership has on vulnerable capital households, we'd like to share a client's story with you. RAP recently helped a single parent with two children that was close to facing eviction. The client's children became ill and the client was unable to secure childcare to continue working. The client was worried about facing eviction as she has no support system within the community. The client was very relieved and grateful for the assistance our program was able to provide. Thank you for your continued support and collaboration with CAB to help vulnerable capital residents stay safely housed. For more information about CAB's rental assistance program for capital residents, please contact us at 831-457-1741 and to follow CAB's Community Action Month activities, please visit CAB's website at C-A-B-I-N-C.org or follow us on social media. Thank you. Thank you. There are no other speakers with their hands raised on Zoom. Thank you. Okay, that'll take us to staff comments. I think we have one staff comment this evening. Good evening, Mayor and Council. I just wanted to announce for the public that our housing element is out and it's published on our website at cityofcapitola.org. The next Planning Commission meeting on June 1st will have a public can make comment on the draft document and then again at our City Council meeting on June 8th. So, moving the public, you can see it at cityofcapitola.org and submit public comment to the Community Development Department. Thank you. Thank you. I don't know if anybody has noticed but our beach and lagoon is back. It's great seeing our public works out there working well into the evenings every night the last couple of days. It's also a national public works week so I'd like to acknowledge them and all the great work they've been doing, especially now that we've got a little bit of normalcy back in our beach, so good news. Council Member Clark, that is a huge part of our city so thank you very much, Public Works. All right, that will take us to item seven which are our consent items. These can be moved in one action or unless anybody wants to pull an item. Move to approve item seven, Consent items eight through. We have a motion and a second. Maybe we have a roll call. Council Member Brooks. Council Member Clark. Aye. Council Member Peterson. Aye. Vice Mayor Brown. Aye. And Mayor Kaiser. Aye. Consent passes unanimously. We will be moving on to item eight which is our general government. I unfortunately have to recuse myself from item eight A. I also live in a mobile home park and I live within 500 feet of the park that is in subject to this ordinance. So I will pass it over to Vice Mayor. All right, all right. We'll give it a second for the mayor to step out. All right, we're gonna proceed with item eight A which is the mobile home rent stabilization. Recommended action is to consider adoption of an urgency ordinance adding chapter 2.18 to the Capitola Municipal Code, establishing mobile home park rent stabilization and consider introducing for first reading only, waiving full reading of the text and ordinance adding chapter 2.18 to the Capitola Municipal Code, establishing mobile home park rent stabilization. And we will start with a staff report. Good evening. Council members and members of the community. I'm the city attorney, Samantha. Hello, good evening. And we have really, really pressed to bring this ordinance to you tonight and it has been a group effort. It really has been an effort between the city manager, the community development director. I don't know if Deepa from my office is on the line and even in the past few hours I've been in contact with a couple attorneys for parks in town. So it really has been a group effort to get you this tonight as indicated by the fact that your city manager was editing the PowerPoint literally a minute and a half ago. So I'm gonna thank you in advance for your patience as we get through this. This is some complicated subject matter and please ask me questions as you have them and we'll do our best. Okay, we are bringing you two ordinances tonight. We're bringing you, well, next slide, should have said. Okay, so I'll start with the introduction. On May 11th, the council received an update on the Cabrillo mobile home park at that meeting. The council gave direction to me to return at tonight's meeting with an urgency ordinance stabilizing the rents for mobile home parks in Capitola. Next, we brought you two ordinances tonight. One is an urgency ordinance. One is a regular ordinance. Substantively, these ordinances are the same. They do the same things. I will give you an overview later in the presentation. The overview applies to both ordinances. The guts of the ordinances are the same. What is different is the procedure. An urgency ordinance has to pass by four votes of the council. A regular ordinance has to pass by three votes of the council. And an urgency ordinance is effective tonight. It's effective immediately upon passage. A regular ordinance is effective using the regular ordinance adoption procedure. So we are bringing to you tonight the first reading of the regular ordinance. If you adopt for first reading tonight, we would then bring back a passage, or some people call it a second reading, at the next meeting. It would then be effective 30 days from then. So I think that date is July 8th. So the urgency ordinance will expire when the regular ordinance becomes effective. And so we often bring these two ordinances together. The regular ordinance, this procedure gives you just a little bit of an additional layer of protection while the urgency ordinance lets you act quickly. The, okay. Oh, one more thing that came out of the last meeting, the direction from the council, which was, as I mentioned, the urgency ordinance will expire upon the effective date of the regular ordinance. The regular ordinance will also expire if any state law is enacted that is more protective than the protections in the, than the rank cap and any of the provisions in this ordinance that's pursuant to council direction from last time. Next please. Related legislation. There's a few kind of related laws that I wanted to go over. One is the mobile home residency law, which is sort of an umbrella law governing mobile home parks in California. It does not stabilize rents. It actually, the law sort of makes rooms for, makes room for local governments, cities and counties to stabilize rents, which is what we're doing. So we are sort of slotting into the kind of space left for us by the mobile home residency law. The tenant protection act we discussed last time, that is the essentially rent control for the state of California. It does not apply to mobile homes, but it caps annual rent increases at 5% of rent plus CPI or 10% whichever is less. That is the formula that we use pursuant to council direction for the ordinance that we're bringing you tonight. Next. Okay. There are rent stabilization ordinances for mobile homes in multiple cities and counties around the state. I do not know the total number to use city manager. About a hundred. And these are just some of them. This is a somewhat, I selected these just to give you an idea of what other jurisdictions are doing. Some of these jurisdictions I thought might be somewhat similar to Capitola. Some are huge just in their, you know, Los Angeles I think is on there. That's just to give you an idea of what Los Angeles is doing. And then I included all of the jurisdictions in Santa Cruz County that have a rent control or mobile home stabilization ordinance. So what you'll see in this chart is that the ordinance before you, which is consistent with council direction is the most conservative of all of the ordinances. It has the highest rent cap and we'll get into vacancy control in just a minute, but it has one of the higher vacancy control caps, which you can see a long poke also has 15% as does Malibu. Okay, next. Alrighty, an overview of the ordinance. As I mentioned, it sets the allowable rent at 5% of the rent plus CPI or up to 10% of base rent, whichever is lower. Okay, thank you. It permits the ordinance permits the owners to raise the rent of vacant spaces by 15%. And so this is what I mean by vacancy control. The regular ordinance applies to any unit that is occupied. The vacancy control applies if the unit is vacated. If the unit is vacated, the park owner can raise the rent by a bit more than is permitted when the unit is occupied. And then much of the ordinance actually is dedicated to a dispute resolution procedure if the landlord would like to raise the rent in an amount that is higher than what is in the ordinance. And that procedure is laid out in some detail in the ordinance. And part of the purpose of that is, is to really encourage the park owner and the residents who work out any disputes amongst themselves. And if they're unable to do that to lay out a procedure so that the parties can then, ultimately sends the parties to arbitration. So there is an outside third party who would adjudicate disputes. Next, then there are some requirements for the park owner in the ordinance. One is regardless of whether the park is subject, some parks, multiple parks actually in Capitola will be exempt from this, from the rent stabilization provisions in the ordinance. Regardless, every park owner is required to provide certain information to the city within a certain number of days. The city will provide to park owners a city information sheet, which will provide information to residents about the ordinance. And then within 60 days, a park owner must register and provide certain identifying information to the city. The ordinance also allows the council at a later time to adopt an rent stabilization administrative fee, which would cover any cost of administration of the ordinance. And that fee could be assessed on the owner. I think it can be assessed on the owner and up to 50% can be passed through to the residents. That this ordinance does not include a fee. All this ordinance does is include the authorization for the council to later adopt a fee. If the council wanted to adopt a fee, we would bring that back to you with a resolution. Next. Alrighty. This is the part that we've been working on today in consultation with some of the park owners. So this is not as clean as we might like to bring to you, but we wanted to at least get you what we could. There are a few changes that we are proposing to the ordinances. One is in the definition section, which is section 2.18.020. It's to the term comparable space. And we'd like to suggest the changes that are redlined on the screen. A mobile home space in the same mobile home park that is suitable for comparison, taking into account such characteristics as the location and size of the space, lot size, landscaping, adjacency to freeways, ocean views or amenities. And the purpose of these changes is to provide a little bit more detail to that provision so that it's easier to administer. The next change is in the exemption section, which is section 2.18031. And this is the section that talks about the types of mobile home spaces that are exempt from the ordinance. I'll go over a full list of those in just a second. But the changes to this provision true it up with any changes to state law. Hold that question. I can see you have a question. I'm gonna talk about the exemptions a little bit further. So hopefully I'll answer it then. The next change is to 2.18040, stabilization of rents. And this section pertains to how, I think it's actually a subsection, isn't it setting of base rent? Base rent calculation, it's stabilization of rents and then base rent calculation, section two. And this section applies to when a space is subject to a long-term lease, which as I'll talk about in a minute is exempt from this ordinance. And then the lease expires and the ordinance in the space becomes subject to the ordinance. This section talks about how the base rent on that space is set. And this section says that the base rent will be set by the average of the three highest rents of comparable spaces on tonight, May 25th, 2023. This is a bit of a, this was a change made in consultation with one of the park, with two of the park owner attorneys. And we believe this to be a sort of middle-of-the-road option. You know, this is, I understand the council's intent to be to protect tenants in the community and also to take into account that there are different park owners in the community and try to really balance those interests. And so this provision is a step towards that. Next, please. Alrighty, so these are the exemptions to the ordinance. Most of these exemptions come from state law. And so, but they're repeated in our ordinance so that our community can have everything in one place. So spaces that are subject to a lease longer than 12 months would be exempt from this ordinance. So many of your park residents now are subject to leases that are longer than 12 months. They would be exempt from this ordinance. Newly constructed spaces, after 1990, there's been a slight change to state law there. So it's really, newly constructed is now defined in state law as spaces constructed in the last 15 years. So it's a rolling basis of what would be exempt. That this provision actually mirrors the Tenant Protection Act for residents in California that does not apply to mobile homes. Spaces where the tenant does not claim the space as a principal residence. So second home or vacation homes would not be subject to this ordinance. And then spaces that are subject to any agreement that offers more protection than the ordinance. So any agreement that includes a rank cap that is more protective of the tenant that is lower than this ordinance would not be subject to this ordinance. So this ordinance would not operate to raise any rents of spaces that are already subject to an agreement. And parks that are owned by the residents are also exempt. Next. Okay, so this is just a chart that applies those exemptions to the ordinance. And so you can see that the, as it stands now, the many of your parks are resident owned. So those would not be subject to the ordinance. There are three that are not resident owns. Resident owns, one would be subject to the ordinance. One we don't think would be subject to the ordinance depending on what their rent increases are that they're subject to now, but we assume that they are lower than the ordinance because that's an affordable park. And the other one, surf and sand. We believe that some tenants are in long-term leases. Those residents would not currently be subject to the ordinance when the long-term leases expire, they would be. Other residents we don't know. We don't know what the status is of their leases. Next. Is that it? And that's it. So the recommendation is to consider adoption of an urgency ordinance and consider adoption for, consider introducing for first reading only a regular ordinance. Read your questions. Thank you. We'll start with questions from the council. We'll save our comments for after public comment, but if there's any questions, now would be the time. If we can go back to the previous slide. We briefly went over surf and sand. And I'm curious whether this ordinance, once the surf and sand expires or the term leases end, would this actually allow for rent to be more, there's more room to be. Yeah, I'm just wondering if it's giving them more room to increase rent above and beyond with the, does that make sense? Let me try. I think you're asking about the residents who are subject to current leases. Right, yeah. So once those leases, they're not subject to the ordinance now because they're in long-term leases. Once those leases expire, they would be subject to the ordinance and the base rent would be set pursuant to that formula a few slides ago. So the base rent would be set at the average rent of the three highest comparable spaces as of today, the rents as of today. And then my second question is, when you showed us the comparison from city to city, and we're going on the most conservative I think you use, can you tell me a little bit why staff is presenting the most conservative versus what other cities are doing? In terms of the rent cap, it's what council requested. In terms of the vacancy control, we just selected something, we didn't get feedback from the council about that. So if the council would like to change the vacancy, the amount of the rent increase permitted under vacancy control, the council is certainly welcome to do that. You define vacancy control. Yeah, so vacancy control is when the unit is vacant, what can the landlord raise the rent? So if there is no vacancy control, when the unit is vacant, the landlord could raise the rent to whatever, triple, quadruple, whatever, and then the next tenant comes in and that's their base rent. With vacancy control, we say when the unit is vacated, it's been state, the rent has been stabilized while they're in the unit. When the unit is vacated, the landlord, there's still control over that unit, but it's a little bit looser than when there's a tenant in it. So the landlord can raise the rent by 15% as opposed to the max when someone's in the unit. Okay, those are all my questions, except can we, oh, there it is. That's all I needed to say, thank you. Yeah, I had a question about the emergency ordinances requiring for a fifth vote, and is that 80% or how does that work? I'm considering Margaret refused herself. Is that a four? All four of you. Oh, it's, oh, is your question, is it four of, is it a super majority of the full council or a super majority of who's on the dais? Yes. Yeah, it's a super majority of the full council. So all four of the council members would need to vote in favor of the urgency ordinance pass. All right, any further questions from council? All right, so we are going to get ready to open a public comment. I wanna thank you all for taking the time to come out tonight and participate in the public process on this item. A few points I'd like to make before we begin. First in capitol, we have a long tradition of respecting everyone's point of view and their right to express it during public meetings. So when members of the audience boo or cheer when someone is speaking, it can sometime intimidate others from feeling that they are in a safe place to express what they want to express. So we do ask that we don't do any kind of booing or cheering during the public comments themselves. I also recognize that not everyone in the room will want to speak tonight, but would prefer to express their support for what others might say. So if you would like to support something that someone is saying during public comment, feel free to just raise your hand to signal to the council that you are in agreement with what is being said. And hopefully that will help us to maintain an environment that fosters inclusion for everyone to share their thoughts on this without having to actually get up and speak if they don't feel comfortable doing so. City council requested that staff prepare and present this rent stabilization ordinance based on resident testimony from previous city council meetings. Those comments are still on the record. They don't need to be reiterated tonight. We have those in our public record. Before we get started, can everyone who wishes to speak at public comment tonight just raise your hand so we can get an idea of how many comments we might have? Okay, all right. With that, I will stick with our three minutes for public comment. I'm gonna ask the city clerk to help us stick to our time limits. There'll be a little beep and the light will turn yellow when you have, what is it, Julia, one minute left? When you have one minute left and once the light turns red, your time is up, we're not gonna get a big cane and drag you off, but please be mindful of your time and respect our clerk if she lets you know that your time is over. So we're gonna go ahead and open public comment now. If you'd like to speak, please feel free to line up here at the dais. Julia is the mic on for Madam Vice Mayor. My apologies, Madam Mayor. Yes. There is one suggested change to the ordinance that I forgot to share with you. Sure thing. If I could have one more minute to read that. Indeed. It is in section 2.18050 vacancy control. Okay. It's the definition of a lawful space vacancy. The ordinance now defines a lawful space vacancy as occurring because of the termination of a tenancy, the abandonment of a mobile home, and we would suggest adding a vacancy occurring due to sale of a mobile home onsite to any mobile home park owner-approved purchaser pursuant to California civil code 798.74. That just makes this provision more comprehensive. One other note you might wanna check in is how many comments you have online because I see we have a fair number of online attendees. Yes. I just... When we get into the public... Yeah, I just wanted to add to our attendees on Zoom. We do have a lot of attendees this evening that we'll take all in-person public comments and then we'll take Zoom comments after our in-person commenters have spoken. So as of right now, we have about... It looks like six hands raised on public comment online with about 16 attendees. Okay. All right, am I still on? Yes. Okay. We will stick with the three minutes. If you can make your comments in under three minutes, we welcome that as well. All right, let's go ahead and get started. Yes, my name is Michael Smith. My wife, Maureen, wanted to be here tonight desperately but it's very ill. We're both in our 80s. So we have lived in Santa Cruz County for many, many years. Fine capital, extremely pleasant to live in in our last years. And we have been able to get by because we bought our manufactured home. It is on a lot in capital, in the States up there. And in finding, talking to other people in that complex, we find various people's needs as far as money. And extremely, we find many, many times that the people there right now with what they're paying barely make it on their minimum amounts that they have. And 56%, they would have to move out. Where would they move to? Not only in Santa Cruz County but almost anywhere in California. And so I want to thank all of the people here for the hard efforts they have put into being here tonight and very much encourage you to pass this ordinance because we will see people moving out if it's not. And I really hate to see that. I thank you for your attention. I thank you for your work. Thank you. Thank you, Mr. Smith. Sorry, thank you. There's also the medical bills. I've had to cut back wherever I can but our rate increase of 55% would negate any budget cutting that I've made. Thank you all for your consideration. My name is David Perez and I'm also a resident of Cabrera Mobile Home of States. I've been a resident there for 17 years. My wife and I are raising two teenage boys that are on the autistic spectrum, teenage boys, if you don't know, bottomless pits of stomachs. And so we've been trying to do our budget and I've been planning my retirement for over a year which is coming up next week. So the letter from Viera really felt like the rug being pulled from underneath us. So retirement means lower income and we've been adjusting our budget and this increase, as you can imagine, we'll take a huge bite out of that budget. It's hard enough right now and an extra 300 plus dollars a month going out is, I'm not sure how we're gonna do that. I guess part-time job, huh? I was president at the last meeting and I was really so amazed and happy to see how receptive you all were to this flight we're in. So I thank you all. The city attorney made a comment and she was so surprised to have an applause. But I want you to know that not only did I give applause, I gave you a standing ovation and it was richly deserved. So to finish up here, I just urge you to vote for this urgency ordinance in our favor. Thank you very much. Thank you. Lindsay and Fabio, Fabio Mopo, home park and I was gonna say about the residents so extensive my family can't afford it and all, so. Well, as a family, we're worried about the increase in income and we're thinking about the impact that it has on the children because moving is to change from school to family. It's a huge impact and they're not enjoying this summer as it should be because of the impact and it's a lot at 55% that they're asking for. I'm gonna go ahead and stop our time. We do have a translator who will be able to provide translation for our comments. So please hold. We wanna thank our police department staff who are helping us out this evening with this. Good evening. Officer Fonsiano with Capitola Police and I'll be translating today, okay? She's saying that the amount of 55% increase, it's a lot that they are asking. It's gonna affect her and the family in various ways. With the increase in rent, she's saying that's gonna affect her in various ways such as lifestyle, which would cause her to move out of the city, go to a different place where she feels it's not gonna be comfortable for her. You would have to leave family behind and friends and loved ones. All she's asking is for it to be a stop of the increase that they're asking because it's gonna not just affect her, it's gonna affect everybody in the community, especially people coming from low income that are barely meeting ends meet. That's it. Thank you. Thank you so much. Thank you so much. Lindsay, you did a great job. Good afternoon, and I think thank you so very much for all of you to support us in this moment. Just a quick comment is that two years ago, more, a little bit more than two years ago when I moved right now, I really feel like I betrayed from Vieta's enterprises because I bought the house for my mother with the illusion that we're gonna be the owners one day. We never expect this surprise that this increment is too much for all of us. And also, as I say before, I need to hold three jobs in order to make a payments for the house. And even my family is helping me. We are a far away to be the owners of the real mobile home. And on top of that, the payments for the rent is absolutely out of this world. And so, again, really appreciate you can do something for us and we want to work with him. And I love the park. It's really quiet, very nice neighborhood. We love each other and we help each other. So thank you so much for your support. Thank you. Thank you. Good evening. My name is John Haken and I'm a resident of Cabrillo Mobile Home Estates. Thank you, Ms. Sutler. You've put in such amazing hard work. We really appreciate the residents, myself, value all your help and the city and the council for the commitment to our community. 56%, I think somebody said, I'd love that kind of pay rise. We'll all struggle, we'll all struggle with that. It'll be such hardship. I have health issues. Raising my rent would significantly impact the quality of my healthcare and necessitate adjustments to my prescriptions. Any increase in housing expenses directly affects my ability to allocate resources towards my medical needs, which are significant. I urge you to vote for the rent stabilization ordinances so that we can continue to live here and that I can afford my healthcare. And we take a lot of stress off a lot of people. As you can see, we have a great number of people of residents and their friends and family in the community here tonight, along with their relatives, showing support for the urgent piece of paper and law. And please give us a wave to show your support. Thank you ever so much. Thank you. Hi, welcome. Hi, good evening. At least it's not mine. Up into the best of us. My name is Dianne DeLyle and I live at Cabrio Mobile Home Estates. I'm 83 years old. I live alone. I rely on my friends and neighbors in the park for daily social interaction and to help me, especially my next door neighbor, who is awesome. The possibility of losing all this the possibility of losing all this because we can't pay rent is horrible. I love the social interaction. I love seeing and talking to the children. I love the laughter. Just greeting people as they walk by and I'm gardening. The idea that even if I could hang in for a while, many of my neighbors would be gone, especially the children. And that makes me extremely sad. We were in escrow for my home in 1989 during the Loma Prieta earthquake. There was always rent control from Capitola, thank you. And then the 12 year lease, which you helped us obtain. So we had rent stability. But now, obviously, we don't. But I do thank you and your staff and everyone behind the scenes for all your help in these days as we have faced a 55% rent increase on June 1st. We need the urgency ordinance, both now and in the future. And this is my main point. Otherwise, the Vieras could raise our rent as much as they choose and as often as they like with only a 90 day notice. And I have no doubt that they would take advantage of that in the mobile home residency law. So I'm urging and thanking you for, please vote and keep our rents affordable. Thank you very much. Thank all of you. Thank you. Hi, welcome. Hi. Well, I know I'm repeating myself, but I do wanna express my deep appreciation for what you guys are doing on, hopefully that we can count on all of your votes since we need all four of them now. So a little nervous about that. But I have been approached by two residents who did not want to speak, but coincidentally, we're both single parents raising teenagers, which is what, well, my son is not a teenager anymore, but I also was a single parent. And one of them told me that she was working two jobs and both of them were very low income. So I wanted to say that of two people who were not comfortable coming up to the microphone. I also appreciate the administrative fee that is on the ordinance. So that way you guys know that we have your back if you do have to defend this ordinance. And I hope that perhaps that might encourage you to vote yes on this ordinance as well. I thought that was wise. Not that I know a lot about ordinances. And I just also want to express my deep love for my community, my very vibrant community. And just hoping that all the wonderful children that play in our park are going to be able to continue to go to Capitola schools and that all of the elders who I love very much and have concern for a number of them will be not stressed and able to retire safely and live out their years with housing. Thank you. Thank you. Hi, welcome. Thank you. My name is Mary, I also live in the park with family of three. This is our Idra and she's 12. And I wanted to let you know that Tenant Organizing Committee and Tenant Sanctuary helped us so much by helping us draft our letters to you and coming to so many of our meetings. I was just really impressed that people in the community who don't live in the park supported us so much. And I learned last council meeting was the first one I've ever come to a council meeting and I found it very interesting. And I was looking forward to this out of curiosity's sake. I didn't even know any of this went on. I mean, theoretically I did, but it's very educational to see in person. So I just appreciate everyone's time and thank you for hopefully supporting Gabriel Mobile Homes. Thank you. Hi, welcome. Hi, I'm not a resident of Gabriel Mobile Homes. I was here, made a comment last time as well. But I am a resident of Santa Cruz County and have been since I was six years old. I have family and many friends who live in mobile home parks. And just speaking from my own experience, not behalf of anybody in the parks, hope that you take this wide support of 130 comments and many, many phone calls as a mandate and justification to protect the residents of Capitola. I hope you do that with pride because all of these residents, if you know, are wonderful and deserve to live here. And I find it a point of pride that I get to call them my neighbors and I hope that you do everything to make this possible. And also just note that Capitola and Santa Cruz County have been called the least affordable places to live in the country. So why wouldn't you protect them when there are so many other places in California who already normalize these protections? It's already a pretty common policy throughout the state and other states. So I hope you kind of, it's been stated already, but I hope you know that we're all behind you. Everywhere else in Santa Cruz is and I know that these residents and many of us are will continue to fight, will continue to be here. So thank you. Thank you. Hi, welcome. Hello. My name is Rita Medina and I am also resident of the Cabrillo Mobile Home of States. We live in number five. I was raised by my single mother who was out here in support. We, I grew up in a lot of bad neighborhoods and things like that. And when we finally came to Capitola, it was like getting our first home. Being in this place and having the rent be so low when we first moved in was amazing because it helped us get me through college and university. Now finishing my education and having my own profession, I gave her a chance to take a backseat with the rent increase. I'm concerned because she has had health issues over the years. So my mom has diabetes and she's been going through eye surgery and things like that. And it's a yearly thing and I've been able to help her out with that. I'm concerned that with the rent increase she won't be able to have the time to just take the time to take care of herself. And I don't want her to have to take more hours of work. And I know that this is something that definitely would benefit not just us but everyone else in the mobile home park. We have a wide variety of different languages that are spoken in our park. Lots of Spanish speakers that I know weren't probably comfortable to come up and speak. We have other people who have different ethnicities, ages and people who are scared to speak up knowing that our faces will be pinpointed. But we thank you for your time or supporting your help and we hope that you feel it. Yes. Thank you. Do we have any additional in-person speakers for public comment this evening? Kasing. Oh, any more? Sure, come on up. Buenas tardes. Voy a hacerlo en español. Ah, no sé si. La persona que traduce. No momento. Can we get our translator? Mi nombre es Mireya y vivo en el parqueadero de Cabrillo Mobile Homes. Y estamos aquí, estoy aquí tratando de hacerles saber la preocupación que tenemos las familias desde que se nos hizo el aviso que se nos iba a subir la renta. Hello, my name is Mireya and the reason I'm here is because of the concerns regarding the increase in rent and how it's going to affect our family. Han sido tres meses de muchas preguntas. Mucho vocabulario que no se entiende y que aún estamos tratando de descubrir en los traductores, en los diccionarios, entender las leyes de la renta, de cómo se... Hay mucha confusión. There's been a lot of questions and concerns regarding the reading screens that I have yet to understand and it hasn't been clarified to me as to how everything goes about and how the process works. Estamos preocupados y muy preocupados. Estamos aquí para pedir el apoyo de ustedes que nos protejan. Hay muchas cosas que no entendemos pero queremos su apoyo para que haya un control de renta. All I'm asking is for some clarification and your guys' support. And the reason I'm here is because I want to be able to have somebody to clarify and help us understand what's going on and give us better details. Soy madre de tres hijas, tengo mi esposo. Y pensando en el futuro, sería muy difícil apagar una renta con un 55% que aún no entiendo cómo podría ser posible que se pasara. I come from a family where I have three kids, my husband and the increase of 55% in a household of five is going to be affecting our family in various ways and I want it to make it understand how that's going to really affect us in so many ways. Muchas noches indormir, muchas noches pensando sobre nuestro futuro y a veces está aquí en sus manos para continuar en el viviendo en Capitola con mi familia. I have had sleepless nights and I've been stressing out and all I'm asking is I'm leaving this in your guys' hands for you guys to support us and for you guys to help us out in any way possible. Gracias por su atención. Gracias. Thank you for your attention. Gracias. Any further in-person comments? Alright, thank you. We'll go now to our online public comments. The first speaker will be Adam. Adam, you've been allowed to unmute yourself once you start speaking. You have three minutes. Good evening. I just had a couple of questions, maybe comments. It took some notes on the slides as quick as they could. It looks like the rent stabilization ordinance is going to affect about 100 spaces, the 63 spaces within Cabrillo, and from what we can see about 32 spaces and surf and sand. Is anybody able to confirm that? Sir, we welcome your continued comments. Public comment is not a time for back and forth. After all the public comments are over, the council members have the opportunity to ask staff to respond, but at this time it's just an opportunity to hear from you. Okay. Thank you. What it looks like to me is that the stabilization ordinance fee is going to be assessed on all spaces within the city of Capitola. So from our understanding is that the all spaces will be assessed as fee and it will really be for the protection of about 100 spaces within the city of Capitola. It's a little bit unclear as to what was defined as comparable spaces in the average of the three highest rents within a particular park or region within that park. There seems to be some unclear aspects of the ordinance on how this would be applied to spaces that are coming off of long-term leases, for instance, the 34-year leases. At the expiration of those leases, our understanding is that as of May 25th, we would take the average rents in a comparable space in that park, but if that space turns over 22 years from now, it looks like we're taking a snapshot 22 years in the past. I think that needs to be clarified. What I would suggest happen is something like a temporary freeze of any rent increase or hike for up to 30 days and invite all the stakeholders within the city of Capitola to come to the table and discuss this in more detail so that the council can make a more educated decision on how this would affect everybody. Thank you. Thank you. Before we move on, is there any way to make this louder, the online public comment just louder in chambers? Thank you. The next speaker will be Bode Shargel. Bode, you've been allowed to speak. You'll have three minutes. All right, wonderful. Thank you. Yeah, I'm Bode Shargel. I'm a UCSC student and a resident of Santa Cruz. I'm a member of the Tenant Organizing Committee, as well as the Student Housing Coalition, who I believe you all received a letter from, as well as Santa Cruz Yambi, and I'm an alternate to the county's Democratic Central Committee, who I believe you've received a letter from our chair. I'm giving comment to support or to voice my support for rent stabilization in mobile home parks in Capitola, because I couldn't afford a 57% increase in my housing costs. And I think that most of you all in the room could not either. I also just moved into a new place and let's say that, considering Santa Cruz's housing market, it took me more than 90 days to find a new place to live. Santa Cruz County in the state of California more broadly is facing an extreme homelessness unhoused epidemic. And it's things like this that lead people to becoming unhoused. Sharp increases in the cost of housing. You know, there's not much separating those of us here who have stable housing from those who don't, beyond a couple bad weeks, they don't go in our favor. So people in mobile home parks are often living on fixed incomes or living paycheck to paycheck. And an increase in rent of 56% is going to lead a lot of people to becoming displaced or unhoused. And that's not something that I think should be happening in our communities. So I urge you all to support this urgency ordinance. And I appreciate your time and appreciate the consideration that you've given to this. It's been really encouraging to see this put on the table. Thank you. Thank you. The next speaker will be Mark Alpert. Mark, you've been allowed to speak. You'll have three minutes. Good evening, council members. My name is Mark Alpert. And I represented the city of Santa Cruz excuse me, the city serpent sand mobile home park. 15 years ago or so through many years of very difficult and very costly litigation over the rent control ordinance. Rent's in the city. We're really incredibly low, irrationally low. And we fought for years. Each side spending hundreds of thousands of dollars. And we got to the edge of a trial in which the city was exposed to millions of dollars in damages and the city settled. It's litigation as part of that settlement. These long-term leases were offered. Now this, what the city is seems to me is rushing into do right now is to undo the benefit of those settlements. The park owner did the park owners part. The park owners have offered the leases that were the subject of the settlement. And now when these leases have expired as part of that deal, the park owners were supposed to be able to raise their rents to fair market rents. Now with the park owners having done their part, the city is reneging on its part of the deal. It is attempting to undo the fundamental benefit of the settlement agreement. Look, I understand the emotional appeal of why you might want to adopt and rush into adopting mobile home rent control. But I don't think you've had enough time to think about the potential litigation costs that are very, very likely to result from making the decision to adopt rent control. Now, even if you were to adopt rent control, you're not going to get the benefit that you think you are. There are fundamental constitutional provisions of rent control that say the base year under a rent control ordinance has to be established at fair market rents. Now, you may not like the space rents that have been increased or planning to be increased to in Vieira's park. By the way, I don't represent Mr. Vieira. But there's one thing I can say with pretty good confidence. They're still going to be below fair market rent. So what you're going to do is drive Mr. Vieira into a costly administrative hearing process with the city and then potentially costly litigation. You'll potentially be in costly litigation with serpent sand very likely if you adopt this ordinance. And you're doing it to benefit a very, very narrow, small group of people. You're going to put the city at financial risk. Look, I understand finding a way to help these residents, but find a way to help these residents without embroiling yourself in more costly litigation. Find a way to help these residents without reneging on a fundamental economics of the deal that the city made with the park owners. In fact, you could, you could, I'm so sorry, but that's been three minutes. We're going to be moving on to John as the next speaker. John, you've been allowed to speak and you will have three minutes. So I would just like to say, obviously I'm a resident Capitola. I support this ordinance. Everyone I've spoken to in our community supports ordinances like this, but especially in this situation. This is one of the last places welcoming to families and all of Capitola, the mobile home parks as a rule, especially the single mothers. I just, I really hope you guys vote for this. I just want to make sure that you guys vote for this and are certainly not dissuaded by adapters. Thank you. The next speaker will be Jean Rocklehurst. Or Brock will make, excuse me. You have three minutes. Can you hear me now? Yes. Okay. Hi. My name is Jean. I'm 78 years old. I have lived in a rent controlled mobile home park in live town. And I commend this city council for the action that I hope it will take tonight. I wholeheartedly support the ordinance, the urgency ordinance and hope that the city will not be dissuaded by threats of lawsuits. I think you've done your work well. And I think it's worth going ahead and trying this. Thank you. Thank you. I would like to say that this ordinance is good for the park owner. As well as being good for the residents. The rent control ordinance that we live in, in the unincorporated county has benefits for both owners and residents. And I can see that you have provided a lot of benefits for park owners in your ordinance. It's not just about the residents, even though that's where my heart lies. What I'd like to suggest to you, having lived in a mobile home park for 33 years, we don't have vacancy decontrol. In other words, if a home passes from a child to, from a parent to a child, or if a home is sold and somebody new moves in, the space rent doesn't go up. It doesn't cost the park owner anything for a home to change residents. It costs them nothing. So you have 15% in there right now. And I would like to recommend that you do like the county does and just have zero. If you feel that you must do something else for the park owner at the very least, drop that 15% down to 5%. I hope that you will consider that because the, the way the ordinance is written now, this park owner is going to make between 50 and what, 50 and $60 a month more from every resident this year. And then the next time he'll be able to do it again and again and again. And I, I think you've given a lot to the park owner in your ordinance. And I hope that you, I hope the city council will vote in the four fifths and pass this urgency ordinance. Thank you very much. Thank you. The next speaker will be Bruce Stanton. Bruce, you've been allowed to speak. You'll have three minutes. Thank you. Good evening. Council members. Bruce Stanton corporate attorney for the golden state manufactured homeowners league, which is a 60 year old California nonprofit corporation that represents California mobile home residents. And I'm speaking tonight on behalf of the G S M O L members residing in Capitola. Thank you for the opportunity to address you. Since 1986, I've specialized in representing mobile home residents, including in connection with negotiation, drafting and implementation of mobile home rent stabilization ordinances throughout California. Rent regulation for mobile homes is purely a local issue without it. Park owners are free to set rents in any amount and over 100 California cities and counties have enacted some form of mobile home rent regulation. Courts and commentators recognize mobile homes are really not mobile at all, but are immobile homes in immobile home parks. And only 3% of mobile homes ever move. Before final salvage. These ordinances note the large investment. That mobile home owners have in their homes, often their most significant asset. And with attached accessory structures and landscaping improvements, these homes comprise a significant sunk cost investment. And are not depreciating assets. So once attached to the land, they have the same equity characteristics as real property. A mobile home located in a landscape park space with common area improvements and streets and utility hookups has a site value equity component, which courts and market have consistently recognized. And really there's a captive nature to the mobile home market. That's particularly significant because when rents go up, mobile owners can't simply move to a better rental situation. They have no alternative, but to pay the rent or else sell the home. For a bargain price or maybe abandon it. Many residents have a mortgage that limits their options. And as one federal court famously has pronounced quotes, the park owner has the mobile home resident over a barrel. Unquote. Residents living in this one park cabrio are facing a rent increase of over $350 to take effect one week from today. And it's thus critical that this council, if they're going to take some action needs to preserve the status quo of this key affordable housing and act tonight. GSML urges adoption of the urgency ordinance to protect them. I've reviewed and worked with many ordinances throughout California in the last 35 years. And I can say based on my review of these proposed provisions contained in the ordinances before you tonight, I have to conclude they are eminently reasonable and constitutional. The annual percentages are higher than the majority of ordinances, which allows 75 to 100% of CPI. And they match what state law has put into place in the tenant protection act of 2022. Thank you for your comments. That was three minutes. The next speaker will be Linda Vieira. Linda, you've been allowed to speak. You'll have three minutes. Thank you. I'm Linda Vieira. Thank you. I'm Linda Vieira. I'm Linda Vieira. I'm Linda Vieira.バー And I'll be on my left. And for the record, I wanted to let everyone know that we oppose the adoption of the ordinance 10. 59 that proposes to add chapter two point one eight to the city's municipal code. city or anyone else so since there's several severe elements of this restrictive legislation that we oppose but unfortunately due to not having received adequate notice we cannot fully articulate our details of our opposition therefore we urge the council to forebearer adoption of this unworkable ordinance at this time thank you. The next speaker will be Saulo Lundano you've been allowed to speak you'll have three minutes. Thank you my name is Saulo Lundano and I'm with Western Manufacturer Housing Communities Association since 1945 we have worked with owners and operators of mobile home parks in California on training education and public public advocacy and public policy here to speak in favor of more conversation and cooperation between the city residents and the park owners we always favor agreements created out of meetings of those involved rather than top-down rent control regulations which creates an adversarial relationship between all of those involved as Mark just mentioned let's not forget the difficult situation that happened here in Capitolia the last time it attempted rent control is this really the best path forward in our experience it's always a better solution for everyone to sit down in the room together and work things out we do this type of work throughout the state and know from experience that there are many ways to help residents in need including rental assistance programs models that have been running in California for over 30 years there are always better ways to handle these situations than forcing park owners to take their case to court if this council does move in the direction of an ordinance here to build to state that it is imperative to give managers the option to raise rents to market when there is a vacancy in these parks the vast majority is about ordinances in California do not have a cap on vacancies the staff's current recommendation to cap those of 15% will create a hardship that could only lead more and more to court and administrative costs for all involved park owners the city and the residents who much of these costs are passed on to it's important to understand that raising rents on vacancies is the only opportunity that park managers have to catch up to the market due to the effects of rent control without this option parks will have progressively less and less resources to maintain basic infrastructure and amenities that residents in this community deserve thank you for your time the next speaker will be Denise Denise you have three minutes Denise spelled with a z at the end of your name okay can you hear me yes okay first I want to say thank you for recommending the urgency ordinance we are so grateful and sincerely hope it passes this evening I'm also really proud of the park owners I mean the park neighbors and residents for all the work that we've done and refused to be bullied into agreeing to something that really is so unreasonable and unfair my name is sandy Denise my husband and I are co-owners of a mobile home in Cabrillo mobile home estates with our daughter Andrea who lives in the mobile and works two jobs in the local community she pays a mortgage on the mobile in addition to space rent utilities and expenses of home ownership the park has residents that are seniors and people on fixed incomes who with the extreme rent increase will be a financial hardship that's so true the park also has residents who are younger or middle-aged working class people who will also be financially burdened without the passage of this ordinance the jobs they have may not have pay high wages they not be the jobs that most people would choose to do but these are jobs that are essential to the businesses in capitol and the surrounding communities it's important that they can continue to have affordable housing options in order to keep those jobs and not have to leave the area it would be so unfortunate if these hard-working residents were priced out of their homes because of unreasonable rent increases I urge you to please vote yes on this urgency ordinance tonight thank you for your time the next speaker is Jonathan Jonathan you've been allowed to speak you'll have three minutes Jonathan you it's if you are able to hear us and you would like to speak you have three minutes otherwise we'll move on to the next speaker good evening I'm calling in support of the ordinance heard here tonight I've worked in various public sector positions over the past decade from staff positions in county parks to state senate I've witnessed and participated in housing and tenant protection discussions up and down the state when the community came in strong support of capitol after the massive storm impacts this winter we saw how many people care for capitol and its people tonight you as a council have an opportunity to support your constituency and show that support to everyone who has cared about or visited capitol over the years we have heard from various residents in various parks how they've managed to stay in the region and survive the relentless housing conditions our inflated market has produced this is despite the number of rental vacation and secondary homes that comprises the coastal community regardless of what the opposition may say it's important to honor the balanced approach staff has taken in writing a non-targeted ordinance more work can be done to protect tenants but any step towards protection is a blessing that many mobile home tenants have otherwise not been offered unlike the viaris's request of forbearance of this item no forbearance has been offered to residents from the cabrillo estates who have benefited from long-term leases and general rent stability court is not the only option to park owners but they will continue to argue a falsely economy because they continue to practice an unwillingness to work with tenants and be an actual part of this tight-knit community i respect and honor staff's work on this item i thank you for your time please support the ordinance tonight the next speaker is vicki winters vicki you've been allowed to speak you'll have three minutes hi i just wanted to speak out i'm a resident of santa cruz county also a renter um and i wanted to address some of the things that have been said by people opposing the ordinance and that is that um the time for everybody to sit down and bring all stakeholders would have been before they decided to um raise the rent 56 percent which is price gouging there's no other word for it price gouging and i really thank the capital city council for your taking action in this matter and considering this ordinance um and it it's really something that needs to happen now before the rent increase goes into effect so um i really appreciate your timely action on this and i just want to point out it's my understanding that the viera enterprises owns two other mobile home parks that are under the rent control ordinance of the county so you know they're claiming that somehow a rent control ordinance would keep them from profiting or doing business it doesn't really hold water knowing that they operate two other mobile home parks that are under rent control so i do urge you to adopt this ordinance now um and that's what needs to happen thank you very much the next speaker is char garza good evening um my name is charlene garza and i um work for evans management services that manages mobile home communities not only in santa cruz county but across the state i've been active in working with cities and counties on developing uh and um implementing rent control ordinances from the owners side i would like to encourage that you guys take a moment to look at other options that have been implemented in cities and counties across the state such as a memorandum of understanding that often will benefit both parties and will save uh city and county expensive and costly fees of administering a rent control ordinance thank you nice mayor at this time we have no hands raised on zoom all right thank you so much to everyone here in chambers as well as those online for your comments i'm so sorry we do have one other speaker okay we will take uh we will we will put uh end of the line after this speaker so we'll have one final speaker nicolas robles you've been allowed to speak you have three minutes okay thank you i'm nicolas robles uh i'm a student at ucsc and i'm also part of the student housing coalition and i just wanted to say that there was a lot of great speakers out here today um and i just wanted to repeat that point that 56 percent in a rent increase is a crazy amount of money for anybody to afford and in so little amount of time and we have to think about where that money would go when there's a rent increase like that because right now the money that's being spent by residents are revolving in the local economy but if we take it into consideration of the rent increase money going into the pockets of the sorry the landlords then will we really be seeing that money go back into the local economy or will it be going elsewhere um and so things to think about when this happens other than just um talking about the price for everyone um and so that was my comment thank you for when we talk all right uh with that we are going to close public comment now and bring it back to uh city council we'll have comments and deliberation now and then for a point of process after our comments and deliberation when it's time to consider a vote we will have two votes to give tonight we will have a vote on the urgency ordinance and then a vote on the regular ordinance so there'll be two separate votes um and until we get to that we'll open it for comments where should we want to start at the end yes thank you i had just a couple of questions that our ordinances are not in spanish available is it ever our ordinances in spanish no we don't translate our code just hoping something we can get done hopefully we can also incorporate some spanish outreach in the future for something like this that affects so many of our citizens thanks thank you um so i had to type this up because you saw it was a bit of a mess earlier so i have to pull it together um so when i asked for this item to come back i wasn't too sure what our options were going to be um as many of you know unfortunately i was unable to attend the last meeting um i was at my daughter's little recital so truth be told but what many of you witnessed was a council at the meeting who i believe understood that we must do something or we wouldn't be here today i'm grateful for vice mayor brown for taking this to the next level and requesting that this ordinance be brought forward to us now we heard today that there may be some challenges that lie ahead and as we move through the next few weeks and months of this temporary ordinance and then finally the final ordinance council may have to deal with additional pushback or even litigation however i am proud to be on the side of support not just for its emotional appeal um but because this affects real people's lives seniors lives children's lives and the workers in our community and it's our responsibility my responsibility as a representative to ensure everyone has the opportunity to thrive here so additionally i would like to ask staff to ensure that residents be kept up to date on next steps and they that they understand that rent a rent increase is inevitable and my hope is that our staff can ensure everyone is clear on that and what this ordinance actually means both in english and spanish um so with that i'd like to make a motion and i'm hoping we can get something um up on the screen bear with me momentarily i will have the recommendation up shortly just to kick it off with a motion let's get this going all right is that the updated with the additional link okay great so i'd like to make an emotion a motion to um number one adopt an urgency ordinance adding chapter 2.18 of the capital of municipal code establishing mobile home park rent stabilization with the changes read into the record during the city attorney staff presentation and two introduce for first reading only waving full reading of the text an ordinance adding chapter 2.18 of the capital of municipal code establishing mobile home park rent stabilization with the changes read into the record during the city attorney staff presentation and to confirm we can do that in one vote we don't need two separate votes i'd suggest two separate votes it's fine to have both motions on the floor but you could take them one at a time you want to motion are you giving motions for both i'll make them yes okay so we can i can start with one i'll make a motion to adopt number one and see if there's a second all right i'll second for the sake of uh discussion so we have a motion in second on the floor we'll continue discussion and then we'll come back for a vote on on that first motion is that the end of your comments curious um for the record when so sounds like the question is about notification for the ordinance yes so you notice this consistent with the mini code and consistent with state law for ordinances which includes posting i don't know whether or not i don't believe they were directly contacted the agenda was published in accordance with the brown act 70 over 72 hours prior to the meeting i'm as a part of our notification process we have an agenda distribution list all of our city council members staff members and many of members of the public are signed up for email notification every time the agenda is updated i send out an email notification to this list which includes details on how to participate and comment on the meeting so members of the public we can't sign people up without their consent for this distribution list but members of the public can sign up for the distribution list through the city website in addition the ordinance once adopted if adopted this evening a summary of the ordinance will be published in a paper of local circulation in accordance with government code as well as an introduction of the ordinance would be published in the newspaper as a summary um and once adopted the ordinance would be published again so that's three separate newspaper postings in the legal advertisement section which goes out to all of santa cruz county as a paper of general circulation and that's what's required as a part of the government code so has there been any efforts by staff or the residents to with fear enterprises prior to tonight so staff has done a number of things we have had multiple meetings with the park residents and the park residents attorney we have reached out to a partner who the city has previously worked with to help acquire mobile home park on the other side of town to see about a potential acquisition of the park so we've taken a number of steps to try to find proactive solutions unfortunately none of them succeeded all right um okay we have a motion to start on the floor i just want to make some brief comments um as well and for anyone who wants to fact check me all the information i'm about to provide is available on data share santa cruz county the county's website um first i i do want to address there was a comment about there being a fee that's part of the ordinance tonight i want to clarify for those uh that public comment there is no fee in the ordinance tonight but the ordinance does give the council an opportunity to enact an administrative fee in the future thank you um some of the public comments spoke about uh you know this is just an emotional appeal and that the council's not informed or had enough time to consider the costs um which quite frankly is a little bit insulting considering the time that i know that each and every one of the council members puts into ensuring that we know what we're doing up here we understand that the consequences um an impact of nearly every single decision that we make um there were of course some suggestions of you know fear tactics of what we should be afraid of and i'll say that making decisions out of fear is an incredibly terrible idea um and even if there is any fear in making these decisions it is nothing in comparison to the fear of losing your home um so with that in mind i want to you know state some facts which is 56.6 percent of capitol households are under the area median income 10 percent of our families are in poverty 10 percent of our seniors are in poverty and 13 percent are below the poverty level spending more than 30 percent of income on housing can create an undue financial hardship especially for low-income people it may not leave enough money for expenses such as food transportation and medical expenditures and in our county almost 60 percent of render renters spend 30 percent or more of their household income on rent i'm a renter i've uh been a renter for the entirety of the time that i've been on council i've had to move twice and twice i didn't know if i was going to be able to find a place where i could afford to live and if i were to now be faced with a 56 percent rent increase i would not be able to afford it housing is a human right and each person deserves a piece of mind in knowing that your housing is secure that you have housing stability and the ability to plan for your financial future without the risk of unreasonable rent increases and 55 percent 56 percent rent increase is an unreasonable expectation of stability in considering housing costs um mobile home parks is traditionally one of the forms of affordable housing in our city and i think it's on us to protect and preserve that and at the very bottom line i think this is just the right thing to do i appreciate all of you for coming out and giving your comments tonight they are touching um and i hope and encourage my council members to move forward with this in support of our residents all right so we have a motion and a second uh on the first recommendation uh can we get a roll call vote and this is on the urgency ordinance particularly um and then once the vote is um cast if we could get a jp to come and announce in spanish what just happened what the vote was um so that everyone in the audience is aware of what's what's happening uh okay councilmember books hi councilmember clark hi councilmember peterson hi and vice mayor brown motion passes unanimously all right um our translator is is he not in the room on the way on patrol okay well we're gonna he's multitasking this evening he's doing his job so let's go to the second part and then if we can get uh oh here he is maybe he can translate both motions let's get the second part going and then we'll have the whole translation and and i'll all summarize so that we can perfect translate um okay so you have did you yeah so i have a motion on the table for item two did you need to read the whole thing let's go for it read the whole thing make it might as well make you all stay here a little bit longer right i'd like to make a motion to introduce for first reading only waving full reading of the text and ordinance adding chapter 2.18 of the capitol of municipal code establishing establishing mobile home park rent stabilization with the changes read into the record during the city attorney's staff presentation all second okay uh roll call vote please councilmember rokes hi councilmember clark hi councilmember peterson hi and vice mayor brown hi passes unanimously um can we so our our city clerk is what a little bit much yeah our city our city clerk is sharing what just happened to be translated but maybe for the sake of translation we could just say that um the ordinance has passed and effective immediately um there the rent stabilization goes into effect immediately there will not be a 56 percent rent increase just announced or yeah go ahead yeah in spanish so uh decidieron en España decidieron en votar y el voto dijeron que la renta no va a subir ahorita van a distribuir un papel donde va a explicar la información sobre qué va a pasar lo que van a ser los dueños pero ahorita no se lo que preocupa nada and if i could add if i could add please the city will be publishing a fact sheet which will explain the ordinance but in the meantime residents should speak with mr stanton residents of cabrillo should speak with mr stanton if they would like specific details about the ordinance how the ordinance affects their particular rent i explained to them that she was going to be distributed and you asked the at the last part please the uh what was his name mr stanton the attorney for the cabrillo mobile harm park residents satan i'm sorry i'm sorry i'm sorry i'm sorry i'm sorry he didn't know he was going to be pulled into the role tonight thank you rise into the occasion uh yeah let's let's take a two minute five minute let's take a five minute break um let everyone get some air bring the mayor bank and we will resume let's let's just make it a seven minute break we'll resume at seven forty five what do you want what's seven forty two like who's gonna keep track of that seven forty five it's now a six minute break it's a six minute break now good job guys i know i have no idea what he said i mean i would have just said hello everyone is to approve the tree stump art project and contract with an artist named anthony hines may in the amount of fifty five hundred dollars and nicky's here to present good evening mayor council um so as as stated i'm here to discuss a current um public art project that the art and cultural commission has been working on um so just a little bit of background uh the public art ordinance requires that all eligible construction projects valued at more than two hundred and fifty thousand dollars to contribute to the city's public art by either incorporating public art into the project or contributing to the fund currently that public art fund balance um is at one hundred and seventy one thousand six hundred and sixty seven dollars in about a year ago um the art and cultural commission identified a potential public art project using a hundred year old cypress tree stump that fell in the lower parking lot here behind city hall um the tree fell in 200 2019 as a result of the heavy rains and it was a significant landmark for the city and so they reviewed proposals for a public art project for this tree stump and after reviewing a concept proposal recommends that anthony hines may as the artist for installation and for the contract if you'll please advance the slide all right and so we are joined um by anthony on zoom who is going to provide um a bit of a proposal as to what the a little bit about his work and the concept so he uh he resides in oregon i believe is currently in chicago so i will hand it over to anthony to discuss the art thank you nikki hi everyone thanks for taking the time to listen to me talk about my work as submitted in proposal uh for this project i'm very excited about it because this is the kind of material i work with in fact this is uh the type of occasion i typically create my uh work within this parameter of trees that are uprooted or destroyed by storms this first piece here that you're all looking at is um a piece in florida that was taken from a tree uh and created and redistributed in such a way to make it appear as though a storm or a wind gust had an effect on the natural material i chose this as the initial slide because there's a lot of kinship or likeness to what it is that i'm proposing to create with the stump project in capitola if you want to go the next slide nikki that'd be great so just as a few smaller examples to show i uh did a few other pieces in various natural settings allowing the material to go back into the natural cycles so both of these are in rather opposite places across extreme environments one is actually up in quebec and the other one is wyoming and these are pieces that are in areas that are highly trafficked um it doesn't look that way but one is in a uh a very nice ranch that uh people go to visit and uh experience the rugged lifestyle of wyoming and the other is in a national park through canada parks and i've worked with different agencies like parks and recreation and the creation of my work and it's very much in public space and in um and i guess in this case also in private uh lands that are that are distributed out for public to come experience uh different types of environments and ecologies and ecosystems all this material is derived on it comes from site that i've appropriated and used in order to create these sculptures if you could go the next slide nikki that'd be great so my process consists of me using uh some saws like chainsaws and bandsaws in order to get my materials prepped which uh is a process of taking it from site off site into my studio or a space that i'm able to rent out in fact i was speaking with some places in santa cruz that allowed me to work in their environment to be able to fabricate some of the processing of my pieces for the capital tree stump project and so these are just a few images that show that i've worked with larger pieces that uh somewhat similar to what you have there with the cypress that slid from the the top of the embankment and um so i just want to show a variety of this process yeah next please so i take all the material i load it into a truck or however i have to transport it sometimes that can be kind of exciting and adventurous i've used furniture dollies on um the larr in new york city in order to transport my uh stump material in some cases uh i don't think that would have been possible with the capital tree project uh or stump project i should say because it's just such a massive piece of material i think it it's about a five foot diameter so the piece that i intend to create is going to be a lot larger than what we're seeing here but as far as material cuttings go but fortunately nikki was able to pair me up with some of the city workers that clear off the beaches and i'm hoping to bring some of that cypress material into the trunk because a lot of the trunk uh remains was was taken away so that doesn't exist anymore so what i'll have to do is graft new material onto the trunk to make it feel as though it's it was a part of it at one point versus my other processes which just shows it all in an order from one stump in a continuum next please so this is showing uh the the rebar reconstruction process where i i drill out holes and i slam rebar in place which is a super resilient material um my my work is very accessible uh to anyone uh that's in the area in the sense of i i may let me say it this way i make it so that it's anti vandal proof i i can't let me say that again um i i use i have structural integrity in my work so that it becomes very difficult for someone to vandalize it or to um deface it or try to destroy it uh i have never had that experience so far in my public installation so i don't see that as being a problem with uh the site and the location and in fact i i have a lot of response from community that is very accepting and and also it becomes like a a point of interest for for fate what are they called selfies that's what they're called for selfies and and photography vantage points and all that so i'm trying to show some of the stuff closer to the ground so that you can really see that my work is is interactive on a on a eye level basis next please so this is more of the processing i'll take the material i'll wrap it all in the same order so that it stays consistent and then put it all back together so it looks like it's extending out naturally from its base rather than it feels so it's an abrupt change of one space into the next as far as material goes so in the case of the tree stump project i'd be doing something similar um to what you're seeing in these images as far as process goes and then simultaneously um uh yeah just basically continuing my process my idea my concepts of this relationship between nature and humans and trying to reconnect the two together in a time frame when we're all sort of losing our connection with nature and actually thinking that it's separate from us in the sense of our artificial world becoming more important if you go the next slide please so this is a piece in washington state from a hemlock tree that fell across a trail and so much very similar to what i'll be doing with the tree stump project is reconnecting the cubes of material or in this case grafting new cubes of material onto the trunk base that's there using the rebar system to make it feel as though it's reaching out into space and and kind of flowing in this pattern that's relative to the landscape around it if you can go the next slide so as sketches uh the tree trunk i used as my base and then i started working with materials that i assume would be available through all the city work gatherings and i will then cut the cubes and start putting them together and these are just two examples of how it could work in procession so it's all empirical process there's no specific um outline of what i'm going to do exactly so i try to show a breadth of what it is that the piece could look like so in these two instances which are rather minimal i wanted to show how the pieces would expand from the trunk that's there on site and if you can go the next slide nicky um i can show how it pushes further into that interactive space away from the trunk so again the highest structural integrity i've worked in so many environments extreme environments from hot to cold uh and my work has lasted because it's from natural material and that's the most resistant or resilient material to be able to work with also that it goes back into a natural state so that makes it even more poignant when we talk about our relationships with nature and how we uh don't understand the importance of impermanence and that's really what my work is about is the impermanence of everything and the cycles involved in everything and we are susceptible to it as well so my work is very reflective of our own um of our own understanding of of entropy and the way that things uh work in rallied so here is the push here's here's that the tree trunk as it is on site with blocks coming off into space looking as though it's reaching out and kind of falling contours of the of the environment around it and i think there's one more that's a color slide after this one and again this is really um still very abstract in the sense of it might not look exactly like this but i wanted to offer a concept of the design work to be able to understand where i'm going in what my vision is for the work and then i think i have a few more examples of this afterwards as well so the piece on the right was in denver colorado from a cottonwood tree which is trees that they normally treat like garbage trees and they just cut them out remove them and this piece on the right in the snow in colorado lasted for a decade which is a extremely long time they didn't expect that from the cottonwood on the left when i used to live in in new york i got a piece that i created in the rockaways which was a discourse on sustainability and equity so it was through a organization there that offered sculptors to come in and create work and my work was selected so that's two pieces of tree that come together and form this reconnection between nature but also as it relates to humanity and what we are all faced with when it comes to natural disaster and catastrophe i think there's maybe a few more slides nicky maybe just one more i don't know oh is that it okay so uh yeah so that's my plan is to be able to come to capitol and work with this amazing cypress tree that unfortunately fell victim to the flooding and storm damage in order to resurrect it to some extent to create an homage to it and so that people start reflecting on nature in a different way not as something that is that that is so distant from us but something that is an extension of us and that we're an extension of nature all right thank you very much anthony um so just to kind of conclude the presentation the for the current world the the recently proposed budget the public art budget has allocated 75 000 for public art projects that are currently in process by the art and cultural commission which does include the five thousand five hundred dollar recommended contract and right now there's no there well there is no impact to the general fund as a result of this next slide please and so the recommended action as provided also by the art and cultural commission is to approve the tree stump public art project and contract with artist anthony hind's may in the amount of five thousand five hundred dollars and we are available for questions thank you so much council do we have any questions seeing none we can go out to public comment we'll have a little less activity anybody online there are no hands raised on soon okay we can take it back to council for deliberation or motion comment well first thank you anthony we're excited to see your art in the city i will make a motion to approve the tree stump public art project and contract with artist anthony hind's may in the amount of 5500 dollars all second then great we have a motion and a second and i have to say i was not this wasn't the art that i had envisioned when somebody said the stump is going to have art on it and it's kind of refreshing it's something different something new and i think it'll be a great addition to capitol so thank you maybe we have a roll call please council member folks council member clark hi council member peterson hi vice mayor brown hi and mayor keiser hi passes unanimously thank you thanks nikki we can move on to item eight c this is the extra help limited duration retirement annuant my mayor keiser and council thank you sorry i was just shocked by the microphone oh that was what that reaction was um i'm going to keep it short it's been a longer i'm an emotional meeting so we'll just go through the basics here this is really a formality the requirement from calpers so with some basics on retired annuitants in general on their government by government code the section is on the screen there are very a few very specific rules that the city must follow in order to have an appointed retired annuitant they're here um very importantly that the appointed retired annuitant may work no more than 960 hours in a fiscal year they have to have a limited duration appointment that means there's a start and an end date to the appointment they have been assigned special projects working on a backlog for example and they're paid only an hourly rate with no further benefits so we are following all the rules don't worry the city manager does have authority to make an appointment the reason we're talking about this you may be wondering is because robin woodman our building official is retiring um her date of retirement is july 1st of this coming year and to address that we analyzed several options and our city manager has appointed robin as a limited duration extra help retired annuitant with a begin date of july 10th and an end date of june 30th 2026 so a limited duration to address very specific projects including kind of a backlog addressing recent storm damage in the village for example so that was a solution and the reason this is before you this evening is because generally speaking retired annuitants must wait at least 180 days before returning to work as a retired annuitant so excuse me retirees must wait 180 days however there are some exceptions which require counsel approval so in this case the reason that we're recommending you waive that 180 day wait period is due to robin would be filling a critically needed position for the city so you can approve this exception by adopting a resolution as it says here on the screen my recommendation for you i'll read it because it is kind of official to adopt a resolution for exception to the 100 day wait period per governor code section 75 22.56 and 21 224 and approve the appointment of robin woodman as an extra help limited duration retired annuitant and i am of course available for questions thank you any council questions any public comment there are no hands raised on zoom great we can take it back to council for deliberation or motion yes i'm so sorry um is um voting to approve this going to pose any legal risk if in the five six and so i can respond this paperwork including years to find resolution if you're too adopted will be submitted to helpers for their review prior to the beginning of the appointment okay thank you also i'm going to work very close to the city attorney's office on this thank you i did indeed i think it's important that we have expertise after somebody's retirement so i think it's a great idea that uh we can bring it back on and like to make a motion all second great we have a second and we have a motion and a second maybe have a roll call please council member books council member clark hi council member peterson hi nice mayor brown hi and mayor keiser hi that passes unanimously thank you chloe all right that brings us to item nine which is adjournment and just want to say thank you for everybody that has participated this evening um i think i stand with the council in the fact that we will continue to do the best that we can do for our community um and keep it in an equitable manner uh for those that we rely on for many other things other than being neighborly so with that said have a great evening thank you good night