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Minutes

Claremont City Council
April 25, 2023

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Minutes
Meeting
April 25, 2023
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Claremont City Council
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CLAREMONT CITY COUNCIL

MEETING MINUTES
Tuesday, April 25, 2023 —6:30 p.m.

Meeting Conducted In Person and Via Zoom. Video Recording is Archived on the City Website https://www.ci.claremont.ca.us/government/city-council/watch-city-council-meetings

CALL TO ORDER
Mayor Reece called the meeting to order at 6:32 p.m.

PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE — In honor of John "Jack" Monroe and Wayne "Wally" R. Cox Jr.

ROLL CALL
PRESENT COUNCILMEMBER: CALAYCAY, LEANO, MEDINA, REECE, STARK
ABSENT COUNCILMEMBER: NONE
ALSO PRESENT Adam Pirrie, City Manager; Alisha Patterson, City Attorney; Jamie Earl, Assistant City Manager; Aaron Fate, Police Chief; Jeremy Swan, Director of Community Services; Melissa Vollaro, Director of Human Services; Nishil Bali, Finance Director; Shelley Desautels, City Clerk

CLOSED SESSION REPORT
There was no closed session meeting.

CEREMONIAL MATTERS, PRESENTATIONS, AND ANNOUNCEMENTS
The City Council received a Southern California Gas Company Service Update presentation by Kristine Scott, Public Affairs Manager.

Edgar Trenado, Information Systems Officer, was introduced.

ANNOUNCEMENT OF FEDERAL HOLIDAYS/OBSERVANCES - None

MAYOR AND COUNCIL
Council Items - None
Council Assignment Reports
This item starts at 18:26 in the archived video.

Councilmember Stark reported that she recently attended the League of Cities Legislative Action Conference.

Mayor Reece reported that he also attended the League of Cities Legislative Action Conference and will represent Claremont in Sacramento to advocate for transportation.

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CITY MANAGER REPORT
This item starts at 20:10 in the archived video.

City Manager Pirrie reported that the third draft of the 6th Cycle Housing Element Update was sent to the State on April 19, the City's summer recreation guide was recently mailed, and provided an update on ground water seepage in the Stone Canyon neighborhood.

Mayor Reece directed staff to invite the Pomona Valley Protective Association and Six Basins Water Master to an upcoming City Council meeting.

Mayor Pro Tern Medina requested that SoCal Gas Company contact information be included in the next City Manager weekly.

PUBLIC COMMENT
This item starts at 27:06 in the archived video.

Mayor Reece invited public comment.

Ken Larson, Claremont resident, highlighted his negative experiences as a result of the water seepage in the Stone Canyon neighborhood and asked the City Council to help.

Annette Larson, Claremont resident, provided information on the responsibilities of the Water Master, and questioned if the City is aware of who will be responsible for the damage that has occurred due to the water seepage in Stone Canyon.

John Johnson, Stone Canyon Home Owners Association President, raised concerns regarding the water seepage and questioned what the City can do to make sure this situation does not occur again.

Unidentified speaker stated that the Stone Canyon neighborhood is asking for answers and help, and shared that he has been working to protect his foundation from the water seepage.

Councilmember Calaycay suggested a neighborhood meeting be scheduled regarding the Stone Canyon water seepage issue including representatives from all water agencies.

Lisa Tutoni, Claremont resident, asked the City Council and City officials to help and protect its residents as she believes the flooding in Stone Canyon was not caused by an act of nature.

Priscilla Espinoza, Claremont Helen Renwick Library Manager, shared upcoming events taking place at the Library.

Jennifer Jaffe asked the City Council to consider the City's Urban Forest Master Plan when discussing and evaluating the upcoming tree mitigation plan.

Drew Ready raised concern regarding the private Pepper trees topped at Indian Hill and First and urged the City Council to update its Municipal Code to address private trees. He also suggested the City hold additional public meetings to discuss the upcoming tree mitigation plan.

Victor Asmora, Claremont resident, highlighted his negative experiences as a result of the water seepage in Stone Canyon and believes this water seepage was caused by human error.

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Joan Shue, Claremont resident, highlighted her negative issues as a result of the water seepage in the Stone Canyon neighborhood and asked the City Council to help attain answers and be transparent with information.

Barbara Gonzalez, Meals on Wheels President, encouraged all to participate in and volunteer for the Meals on Wheels program.

Unidentified speaker asked for transparency and help with the issues taking place as a result of the water seepage in Stone Canyon. He asked the City Council to advocate for the neighborhood.

Rakesh Agrawal, Claremont resident, stated that he believes the City should take full responsibility for damages that occurred in the Stone Canyon neighborhood due to the water seepage issue.

Bon asked the City Council to address cloud feeding and how cloud feeding effected rainfall.

There were no other requests to speak.

City Manager Pirrie confirmed that he will work on scheduling a neighborhood meeting for Stone Canyon that includes all interested parties.

Councilmember Calaycay suggested that the Claremont Helen Renwick Library Manager speak during the ceremonial section of City Council agendas.

CONSENT CALENDAR
This item starts at 1:27:49 in the archived video.

Councilmember Calaycay pulled Item No. 3 from the Consent Calendar.

Mayor Reece invited public comment on Consent Calendar Items No. 1, 2, and 4-9.

There were no requests to speak.

1. Adoption of a Resolution Approving the City Warrant Register Adopted Resolution No. 2023-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLAREMONT, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, dated April 13, 2023.

2. City Council Minutes of April 11, 2023 (Regular) Approved and filed the regular City Council meeting minutes of April 11, 2023.

3. Adoption of a Resolution Approving a Pause on the City's Collection of Utility Users' Tax from the Southern California Gas Company in Response to an Increase in the cost of Natural Gas for Residential and Commercial Customers in Claremont (Funding Source: General Fund)
This item was removed from the Consent Calendar.

4. Award of Contract to Mountain View Chevrolet for Vehicle Replacements (Funding Source:

Motor Fleet and Sanitation Funds)
Authorized the City Manager to award a contract to Mountain View Chevrolet in the amount of$264,078.71 for the purchase of six new vehicles.

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5. Authorization to Enter Into an Agreement with Attic Proiects for Emergency Pest Remediation Services (Funding Source: General Fund)
A. Authorized the City Manager to enter into an agreement with Attic Projects for emergency pest remediation services for $56,300; and
B. Appropriated $56,300 from the unassigned General Fund balance to fund emergency pest remediation services.

6. Authorization to Amend the Existing Agreement with First Class Heating and Air Conditioning, Inc. to Increase Compensation for Heating, Ventilation, and Air Conditioning Maintenance and Repairs (Funding Source: General Fund)
A. Authorized the City Manager to execute an amendment to the existing agreement with First Class Heating and Air Conditioning, Inc., adding an additional $60,000 in compensation, increasing the not-to-exceed contract amount to $168,275; and B. Appropriated $60,000 from the unassigned General Fund balance for HVAC maintenance services.

7. Investment Report— Quarter Ending March 31, 2023
Received and accepted the Investment Report for the quarter ending March 31, 2023.

8. Quarterly Financial Update — March 31, 2023
Received and filed the Quarterly Financial Update for the quarter ending March 31, 2023.

9. 2022-23 Citizens' Option for Public Safety/Supplemental Law Enforcement Services Funds Grant Spending Plan (Funding Source: Citizens' Option for Public Safety/Supplemental Law Enforcement Services Funds Grant)
Approved the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Funds funding expenditure recommendations for 2022-23 in the amount of$165,271.

Councilmember Calaycay moved to approve Consent Calendar Items No. 1, 2, and 4-9, seconded by Councilmember Stark, and carried on a roll call vote as follows:

AYES: Councilmember— Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember— None
Item Removed from the Consent Calendar

3. Adoption of a Resolution Approving a Pause on the City's Collection of Utility Users' Tax from the Southern California Gas Company in Response to an Increase in the cost of Natural Gas for Residential and Commercial Customers in Claremont (Funding Source: General Fund)
This item starts at 1:29:31 in the archived video.

City Manager Pirrie responded to a question from the City Council regarding a potential increase in the number of months pausing the City's collection of Utility Users' Tax.

City Manager Pirrie recommended the resolution be amended to pause the collection of Utility Users' Tax from Southern California Gas Company for five months as suggested by Councilmember Calaycay.

Councilmember Leano spoke in support of the suggestion to pause the collection for five months and suggested the City Council review this item after 90 days.

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Mayor Reece invited public comment.

There were no requests to speak.

Councilmember Calaycay moved to adopt Resolution No. 2023-27, A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING A

PAUSE ON THE CITY'S COLLECTION OF UTILITY USERS' TAX FROM THE

SOUTHERN CALIFORNIA GAS COMPANY IN RESPONSE TO AN INCREASE IN THE

COST OF NATURAL GAS FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS IN CLAREMONT, for a period of five months, seconded by Councilmember Leano.

Mayor Reece spoke in support of immediate relief and expanding the number of months the tax collection is paused for.

The motion carried on a roll call vote as follows:

AYES; Councilmember— Calaycay, Leano, Medina, Reece, Stark NOES: Councilmember— None
The City Council recessed at 8:05 p.m.

The City Council reconvened at 8:14 p.m.

PUBLIC HEARINGS - None

ORDINANCE

10. Consideration of Tenant Protections — (1) First Reading and Introduction of an Ordinance Imposing Heightened Tenant Protections for Just Cause Evictions for Certain Residential Tenancies in the City of Claremont; and (2) First Reading and Introduction of an Ordinance Imposing Heightened Rent Stabilization Requirements for Certain Residential Tenancies in the City of Claremont; and (3) Consideration of a Temporary Rental Assistance Program (Funding Sources: General Fund and American Rescue Plan Act Funds) This item starts at 1:43:03 in the archived video.

Councilmember Reece recused himself from the discussion and left the meeting as he owns rental property in Claremont.

Katie Wand, Assistant to the City Manager, and Alisha Patterson, City Attorney, gave a PowerPoint presentation.

Mayor Pro Tern Medina invited public comment.

Mati, Claremont resident, spoke in support of setting a low percentage for allowable rent increases.

Jose Ramiro, Claremont resident, asked the City Council to protect its tenants and stop the practice of no fault evictions.

Elaine Thompson, Claremont resident, asked the City Council to not include an exemption for"mom and pop" property owners and take bold steps for tenant relief and protections.

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Miranda Sheffield spoke in support of Claremont tenants and shared that the City of Pomona recently passed a rent stabilization ordinance and encouraged the City Attorney to research Pomona's tenant protections.

Rachel Forester, Claremont resident, asked that tenants be given long term and strong protections against rent increases and just cause evictions.

Harrison Chapin, on behalf of Inclusive Claremont, spoke in support of strong tenant protections and raised concern regarding just cause evictions.

John Maraw, Claremont resident, spoke in support of the letter written by the Claremont Tenants United and asked the City Council to adopt strong ordinances that protect the needs of tenants.

Gizelle, Claremont resident, spoke in support of Claremont tenants.

Unidentified speaker spoke in support of housing supply and shared that property owners have suffered hardships due to COVID tenant protections. She believes that landlords should not be penalized for investing in the community.

William Baker shared that landlords should not be a financial safety net for tenants and asked the City Council to follow the current law for rent control.

Abigail Carnes, Inclusive Claremont, stated that tenants are being priced out of the Claremont community due to the rent hikes and asked the City Council to act quickly and take bold actions so valued members of the community are not lost.

Hun Lee asked if the City Council could share the PowerPoint presentation on its website.

Max Sherman, Apartment Association Greater Los Angeles, stated that the Association opposes both proposed ordinances as they are too broad; however, urged the City Council to adopt a temporary rental assistance program.

Bill Ruh, Citrus Valley Association of Realtors, spoke in support of the temporary rental assistance program as that will help tenants immediately. He stated that the Association opposes both proposed ordinances.

Unidentified speaker spoke in support of keeping tenants in the community by setting a reasonable maximum amount of rent increases, tenant relocation assistance, and no fault evictions.

Matthew Buck, California Apartment Association, urged the City Council to oppose the proposed ordinances as they will increase housing costs and limit the number of available housing.

Emily Dietrick, Inclusive Claremont, spoke in support of strengthening language for just cause evictions as it will help keep housing stock affordable.

Gwen Tucker, Inclusive Claremont, spoke in support of strong tenant protections to keep tenants in their homes and in the community.

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Allison Henry, San Gabriel Valley Tenants Alliance, spoke in support of the letter written by the Claremont Tenants United and urged the City Council to lower the number of units to be exempt from the ordinances and increase the funding amount for a temporary rental assistance program.

Lydia Hernandez responded to comments made during the public comment period and shared that enacting a just cause eviction will not let Claremont properties go into disrepair, rent is meant to pay for services, and tenants invest in the community.

Octavio Hernandez spoke in support of the City creating a rental board as over 2,000 renters need protections.

Sarah Gilman, Claremont resident, spoke in support of the proposed ordinances; however, believes the amount of relocation assistance should be based on market rate, the number of units to be exempted should be decreased, and include no fault evictions for households with school age children until the end of the school year.

Unidentified speaker asked that AB 1482 be given time to take effect before another regulation is implemented.

Sue Keith asked the City Council to not create any unintended consequences that may result in a decrease in rental units.

There were no other requests to speak.

Ms. Patterson and Ms. Wand responded to questions raised during the public comment period and shared that the City's proposed ordinances follow AB 1482, City Council would need to provide direction for a housing authority, and the unit exemption was set as commercial real estate is defined as 5 units or more.

Ms.Wand, Ms. Patterson, and Brad Johnson, Community Development Director, responded to questions from the City Council regarding the proposed temporary rental assistance program, severely rent-burdened households, potential for gathering additional data and time needed to gather additional data, budgetary needs for a rental registry, rent increases from 2016 to present, increase in housing purchases, possibility for prohibiting evictions, challenge of an ordinance, possible program incentives, AB 1482 enforcement, permanent rental assistance program, difference between a remodel and maintenance, strengthening AB 1482 to limit substantial remodel evictions, comparison of other cities rental stabilization programs, relocation fees, relocation assistance program, and a landlord assistance program.

The City Council recessed at 10:45 p.m.

The City Council reconvened at 10:52 p.m.

Councilmember Calaycay spoke in support of a rental assistance program; however, is not comfortable supporting the proposed tenant protection ordinances at this time. He suggests creation of a new program or incentives that would mutually benefit the tenant and landlord.

Councilmember Stark believes the City should have in place programs to assist tenants and believes there is a way to balance the needs of tenants and landlords.

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Councilmember Leano spoke in support of creating additional programs or incentives for both tenants and landlords and believes tenant issues have been created by a lack of housing supply.

Mayor Pro Tern Medina spoke in support of the comments made by his fellow Councilmembers and would like to be mindful of and support both tenants and landlords.

The City Council discussed "Key Decisions" and provided some preliminary direction as summarized below:
• The Council will pursue a "Just Cause Eviction" Ordinance (Key Decision #1) • The Ordinance will require property owners to obtain building permits for the remodeling work prior to initiating eviction proceedings (Key Decision #2.1) • Property owners will be required to provide tenants with said permits (Key Decision#2.2) • Property owners must provide tenants with a scope of work, which must detail why the work cannot be completed within 30 days (Key Decision #2.3) • The valuation of the work must be at least six times the cost of the tenant's monthly rent (Key Decision #2.4)
• The Ordinance will not narrow AB 1482's definition of "substantially remodel" to work that is needed for Code compliance and/or for health and safety reasons (Key Decision #2.5)
• The Ordinance will not require property owners to offer displaced tenants a "right of first refusal" to return to their units after the units are remodeled (Key Decision #3).

Due to the late hour, it was suggested that a motion be made to continue deliberations of this item to the May 9, 2023, City Council meeting, noting that as public comment was closed, no additional public comment will be taken at the May 9, 2023, City Council meeting.

Councilmember Calaycay moved to:

A. Continue deliberations on the proposed "Just Cause for Eviction" and "Rent Stabilization"ordinances to the May 9, 2023 regular City Council meeting. Public comment was closed, and no further public comment will be taken; B. Approve a Temporary Housing Stabilization and Relocation Program with use of American Rescue Plan Act(ARPA) funds in the amount of$1,000,000, and directed staff to return to the City Council with a Program update in July 2024; and C. Find that this item is exempt from environmental review under the California Environmental Quality Act(CEQA);
Seconded by Councilmember Stark, and carried on a roll call vote as follows:

AYES: Councilmember— Calaycay, Leano, Medina, Stark
NOES: Councilmember— None
ABSENT: Councilmember— Reece
ADMINISTRATIVE ITEMS - None

ADJOURNMENT
Mayor Pro Tem Medina adjourned the meeting of the Claremont City Council at 12:44 a.m. The next regular meeting of the Claremont City Council will be held on Tuesday, May 9, 2023, at 6:30 p.m., in the Claremont Council Chamber.

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Mayor Pro em
ATTEST:
eputy City Clerk L.

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