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park, and sidewalk slabs were being replaced. He felt maintenance was an on-going concern of <br />residents and he hoped the owner could continue making progress. <br />Councilmember Sullivan questioned whether the City had any enforcement procedures in place, <br />and Mr. Roush said there is a dispute resolution procedure in the current agreement; however, it <br />was not as quick as initiating the City's administrative remedies provision. <br />Councilmember McGovern said the agenda report indicates that staff was not prepared to <br />recommend to the City Council that a new agreement be approved, acknowledged discussions <br />were continuing and progressing but voiced concern with no deadline date for completion of the <br />agreement. <br />Mr. Roush said there have been successful negotiations with the adjacent park; Vineyard Villa, <br />and he would be meeting with them to discuss and vote on a proposed agreement. Some time <br />in the next two to three weeks there should be a similar agreement and meeting scheduled for <br />Hacienda Mobile Home Park and the matter should return to the Council by the end of <br />September. <br />Mayor Hosterman opened the matter for public comment. <br />Carol Perkins President of the Hacienda Mobile Home Association said sidewalks were finally <br />being repaired after many years, questioned where funds would come from, said they have <br />already paid for the work under operating expenses and said in 2002 they paid double property <br />taxes plus an additional amount that had to be placed into an escrow for future taxes due to the <br />owner refinancing the mortgage. She referred to Item J in the Rent Stabilization Agreement, <br />read the definition for property taxes, said the owner rejected putting money into an escrow <br />account, discussed the spreadsheet for accounting of the funds for ten years, requested more <br />control over how their money was spent on capital improvements, asked that three estimates be <br />obtained for work and asked to have the right to approve the expense and need for all <br />improvements. She said the proposed change gives no accountability; questioned the <br />expenditures of their funds and referred to SB 981 and Item 798.31, (b) regarding capital <br />improvements. If passed it would become effective January 1, 2008, and she requested an <br />ordinance be adopted. <br />Mr. Roush in reply to Councilmember McGovern said there are pros and cons of adopting an <br />ordinance versus an agreement. The matter would be brought to the Council in the future, many <br />items raised are included in the current agreement and may be included in a future agreement, <br />the existing agreement addresses capital improvements and provides that if there are new <br />capital improvements to be installed, and those matters must go to residents to be approved if <br />over a certain amount. If the improvements replace existing capital improvements, those do not <br />have to go to a vote and both the ordinance and agreement provide that the owner can recover <br />those costs as pass-through to the residents without their concurrence. <br />Penny Marshall said she has attended many homeowner meetings and maintenance has <br />always been requested. Residents maintain their homes and yard areas pay monthly rent which <br />should go toward water and garbage and approximately $140 for facility maintenance. At the <br />last homeowner meeting Mr. Hoon acknowledged there had been no maintenance done to the <br />property for the last 5 years because the park was in legal battles over ownership. She <br />questioned what made the owner's lack of maintenance her capital improvement cost. Last <br />week, a contractor removed some areas of sidewalk around the clubhouse, said there were <br />numerous night lights that are out, the clubhouse roof has a leak, it needs to be painted, and the <br />City Council Minutes 4 August 21, 2007 <br />