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Mark Maiorana echoed Mr. Moore's concerns, particularly as they relate to impacts on schools. He urged the Council to look carefully at how other Bay Area communities are taking a stand against the social reengineering being jammed down their throats by the Association of Bay Area Governments and Metropolitan Transportation Commission. Jibing Lin also shared his opposition to the Summerhill project. Mayor Thorne explained that the Council could not discuss any items not on the agenda but encouraged Parkside residents to make every effort to work with the Planning Commission and developer to try to identify a solution that is acceptable to everyone. PUBLIC HEARINGS AND OTHER MATTERS 11. Consider agreement for Stabilization of Mobilehome Space Rents between City of Pleasanton and owner of Hacienda Mobile Home Park City Attorney Lowell presented the staff report. He stated that Pleasanton currently has three active mobile home parks with which, since 1998, the city has had rent stabilization agreements in lieu of the application of the city's Mobile Home Rent Stabilization Ordinance. The current agreement between the city and owner of the Hacienda Mobile Home Park went into effect January 2008 and expires today and staff is proposing a new agreement for the Council's consideration. Mr. Lowell explained that if no new agreement is reached, the city's ordinance would apply. While the ordinance would retain several of the protections provided for under the agreement, pursuant to various court decisions in recent years the park owner could allege that the ordinance constitutes a taking of his property without just compensation. The park owner could also call into question the continuation of the park's operation as a senior residence park. Recognizing that it was in the best overall interests of the residents to reach some form of compromise, staff worked with the Residents Agreement Committee to develop the proposed agreement. He acknowledged and thanked both the committee members and park owner for working to reach a fair resolution. He introduced the new agreement, which is based largely on the prior agreement but contains several modifications requested by the committee or residents. Key elements of the new agreement include: • Elimination of in lieu capital improvement fees, which equals $17 or $34 per month for residents who moved into the park prior to 2008. As pursuant to the previous agreement, residents who moved in after 2007 had this cost factored into their base rent rather than being assessed a separate fee and will not receive a reduction in their rent. Staff feels there is a reasonable basis to make the distinction between these two classes of residents in order to reach an agreement for the benefit of all; • Residents who moved into the park prior to 2002 will pay a property tax pass through fee of $51.20 which relates to a tax increase that occurred in the early 2000s; • Future rent increases will be based on the Consumer Price Index (CPI) for August of each year, to be applied in the following January and must be applied in each year rather than banked for future years. The CPI will apply to base rents only and not to any capital improvement charges or property tax pass through. The CPI floor is lowered to 1.5% and the ceiling remains at 5%; • The dispute resolution process makes clear that the city's Municipal Code provisions will apply if resolution of a dispute is not reached. That code provides for administrative penalties up to $1,000 per day if so ordered after a proper hearing; • The park will remain an age-restricted community; • The agreement runs through December 31, 2018 with two additional one year extensions authorized, provided the park residents indicate their satisfaction with how the park is being administered under the new agreement. City Council Minutes Page 3 of 7 October 1, 2013