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HomeMy WebLinkAboutAGENDA REPORT 1988 0504 CC REG ITEM 09C.. JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tsm JOHN GALLOWAY Council member CLiNT HARPER, Ph.D. Councilmember MOORPARK ITEM 9. (_?, STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development BERNARDO M. PEREZ Council member R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police MAUREEN W. WALL City Clerk TO: FHOM: DATE: SUBJECT: MEMORANDUM The Honorable City Council Patrick J. Kichards, Director of Community April 26, 1988 (CC meeting of 5/4/88) THOMAS P. GENOVESE City Treasurer dv 1ri'" Development \ MOBILEHOME RENT ORDINANCE NO. 51 -PROPOSED REVISIONS Backg~ound At the City Council meeting of April 29, 1987, Mr. Joe lntiso from the Villa del Arroyo Mobilehome Park approached the Council under public comments to request consideration of certain amendments regarding Sections 5.14.020, 5.14.050 and 5.14.060 to the Mobilehome Rent Ordinance No. 51. The Council referred the matter to staff for review and comment. On June 6, 1987 the Council considered a report from staff regarding this matter. At that time, staff recommended no action be taken to amend Ordinance No. 51. The Council once again referred the matter· back to staff for further consideration. From June of 1987 until November 1987 staff accomplished very preliminary work on possible amendments. On November 11, 1987 staff was advised by the park management of proposed changes they would also like to have considered. On January 14, 1988 the staff returned to the Council with the issue of how to proceed. The Council directed that staff meet with both the park tenants homeowners association and park manager/owner regarding finaliz:ation of changes they wish to see made to Ordinance No. 51 and then to report back to the Council with recommendations. PJR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 MOB I LE/N/CHRON I April 26, 1988 Page 2 On March 3, 1988 staff met with the Mayor, three representatives from the Villa del Arroyo Mobilehome Park tenants association and two representatives from the park management. The net result of that meeting appeared to be a recognizable need from all parties that changes would be beneficial. The park management was interested m the following changes: 1. To allow a minimum increase equal to the full Consumer Price Index (CPI) for the prior 12 months. A minimum increase without a hearing. To use the national CPI. 2. To allow decontrol on resales of no more than 10% in any twelve month period. 3. To allow no cap on rent increase where there 1s a vacant lot. 4. To add language to the operation and maintenance section which would require "reasonable" expenses. The park tenants association was interested in the following changes: PJR:crl MOBI LE/N/CHRONI 1. To define the Consumer Price Index (CPI) as the national CPI but tied to a 12 month period ending four months prior to the effective date of ,·ent increase. 2. To allow a 5% or CPI increase under the section "without majority protest". 3. To not allow automatic pass thru for operation and maintenance. 4. To create a section in the decontrol and recontrol so mobilehome or rental space. ordinance dealing with as to regulate vacated 5. To approve the changes so as to r·ernain valid for a five (5) year period. April 26, 1988 Page 3 Each of the proposals is attached for Council's review. Inasmuch as these two parties still appear to have different opinions on the text of various sections and quite far apart on the issue of decontrol -a second meeting was scheduled by staff for April 27, 1988. Once there has been finalization of the points at issue staff can evaluate the pro's and con's of each. Therefore, staff would suggest consideration of this matter at ;-i future Council agenda. Recommendation Continue this matter· to the Council's May 18, 1988 agenda. Attachments: PJR:crl MOBl LE/N/CHRONI Paul Coyle letter dated 3/25/88 proposed :::me!:dn,ents to Orrlinr1ncP No. 'll Bessire & Casenhiser, !nc. letter dated 3/4/88 with proposed changes to Ordinance No. 51 Orlinance No. 51 Mr. Pat Richartls March 25, 1988 Director 0f Community Development City of Moorpark 799 Moorpark A VP. , Moorpark, Ca . , 9J02i Mobile Home Rent Control Ortlinance No. 51 Up:iate Dear Pat; The Homeowners Association conducted a meeting last night to review :evict c1:rri::,rove the forwartling of the proposed changes to the up:iate of out, and additions are in "CAPS" and underlined. Please refer to Lhe oi~iinance for the Section 5.04.020 Definitions ( 6) "Consumer Price Index" The consumer price index for the ttilliiitiifltt~iltili~fllil~if¢//0iiiiPitfil~/liilflitt 1/i~l~/r/lfic/,prjirjf/,j/J/.ttltlir/t/o J UNIT~ STATES' BUREAU Of' LABOR S'T'A'J'IS'l"ICS (BV3'), for thP twelve month period ending four (4) months prior to the effective date of the proposed rent incre~se (e.g. -November effective date would be twelve (12) month period ending June JO). Section 5.04.050 Space Rent Increase The Lesser of Five percent or A. Without Majority Protest The procedures and fees set forth in Section 5.04.060 shall not apply to any proposed space rent increase which does not exceed the lesser of five percent (5%) or i~¢/i~i#i the increase in the consumer price index of the total space rent of each affected. mobile home park space, etc., etc., ....... . Section 5.01~.0SG (Cont.) B. With Majority Protest ( 2) The boa:rtl /;~/-f.1 MAY , -rit'1 respect to: (a) The o~eration and maintenance component, approve, OR DENY, the increase noticed by the owner, IN WHOLC OR IN PART, AND Ic CIRCUMSTANCES JUSTI"Y, ORDER A REDUCTION IN THE RATE AS DETERMINED BY THE BOARD, based upon a finding that the relevant portion of Section 5.04.060 Determination of Base Rent And Allowable Increases A. Basis For Determination ( 2) (b) Remainder. The remainder of the space rent. This component may oe increased by not more than ~rjf ¢/rf,/ p,j:-j:r/,rff,-f,/(/7_&,t'/ /rli the consumer price index. In no event however, shall the increase in this component /' ,, ,,,,f .. ~-·i, ,• ~~:-~:,,-··/ exceed ~ifi~/p¢rf¢~i/ft!,Y FIVE PERCENT (5%). etc., ..... . B.Procedure with respect to: OR DENY, the increase noticed by the owner, IN WHOLE OR IN PART, AND IF THE CIRCUMSTANCES JUSTIFY, ORDER A REDUCTION IN THE RATE AS DETERMINED BY THE BOARD, based upon a finding that the relevant portion of the rent schedule form, etc., etc., ........... . This is a new area for the Rent Control Onljnance Decontrol -· Recontrol This area will require a definition under Section 5.04.020. NOTE.:: Might this area be included in Section 5.04.0JO I:;xemptions or Section S.04.070 Discretionary Rent Increases??? Decontrol -Recontrol of a Mobile Home ( This area shall apply only to the Villa Del Arroyo Mobile Home Park located at 15750 Los Angeles Ave.). A. Vacancy Decontrol -Recontrol, If a Mobile 1iom"' 0:: ., rPntal space is vacated: ( :1.) Voluntarily (2) As a result of eviction (J) Re-sale (a) The owner may apply a rental space increase not to exceed the lesser of five percent (5%) or the consumer price index, based on the monthly space rent in effect at the time of the ad.option of the Mobile Home Rent Control Ordinance No. 51 on September 16, 1985. (b) This rental space increase shall not be applied more than three (J) times in a five (5) year period. (c) The rental space increase shall no longer be applicable when the total monthly space rent reaches Three Hundred Twenty nve dollars (325.00). Thereafter all provisions of thts ordinance shall then be in effect. B. This decontrol -recontrol provision shall become effective upon approval of the board and shall not be retroactive. We hope that this response clearly defines the changes and additions that the Homeowners Association has presented for your review. It is requested that the upiate of the Mobile Home Rent Control Ordinance be approved by the board for a five (5) year perioi. Jim Davis Mayor John Lane ----14 cSe,essire &' 'Casenhiser;,nc. March 4. 1988 Mr. Patrick Richards City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Ordinance 51 Dear Mr. Richards, W2 appreciated the opportunity to meet with you, Mr. Lane, and the resident representatives yesterday. Although! came to the meeting very skeptical, I left quite encouraged. We hope that a compromise can be achieved. Please understand that our first wish is for a complete repeal of ordinance 51. Rent control has not been fair to us and in the long run is not fair to +-l-,,.., • ..., ,,... ,,. .: ...-I --.,.. -.I-,... ..... .C +-L-.,.... ...... -,,... I~ .... ..... J.. \.... .-. ..... -! -'-• , -! 4--,_ ..... 1 .£: u ,_ .. --.. ,.... .... . , ...... ,.._ .-. -. -, .! - -J.. t... -+-~ +- l, I It:: It::> I Ut:11 l-:, UI l,llt: J-101 K. UI l,llt:: \., I l-.J I t,:,c: 11 • llUWt:Vt:I, Wt: I ea I I L.t: l,IIQl, ii., may be a political reality that the council may support some type of ordinance. With this in mind, we feel there is merit in the compromise that we discussed yesterday. Changes to the ordinance that would probably be acceptable to us would be: l. To allow a minimum increase equal to the full CPI index increase for the prior 12 months. This minimum increase would be allowable without a hearing. The CPI to be used could be the U.S. all cities average. Thn n+hn~ +wn nrtinns for increases would remain the same and require 3. To allow decontrol on turnovers (resales). That would mean increases on resale of up to 10% but no more than one resale increase in any twelve month period. 4. An item we did not discuss was a completely vacant lot. Those we feel should have no cap on the rent increase. To add language to the operation and maintenance sect~on which would require "reasonable" expenses. I _don't recall the exact language the residents requested but we have no objections to their concept. -RECEIVt:d - MAR 7 1988 725 Brea Canyon Rood• Sulta 6 • Walnut, Callfornlo 91789 • 714/594-0501 CITY OF MOORP.ti.R~ Mr. Patrick Richards March 4, 1988 Page Two We feel these changes would make the ordinance more balanced and fair to both sides. We are quite willing to meet again or to review a proposed draft of a new ordinance based on these changes. Sincerely, Keith I. Casenhiser, CPM Vice President I'd l,/ f.Jt cc: John Lane Jim Davis Paul Coyle l\N 0RDINi\t'1CE OF TI!E CITY OF MOORPARK, Cl\LIFOHNI/\, HEPE/\LING OfWINl\~-JCC NO. 7 OF THE CfTY OF MOOHP/\HK l\ND /\MENDING THE M()ORP/\Hl< MUNI Cl P/\L CODE DY !\DD ING CHAPTER 4 TO TITU: '> !U-:L/\TIVE TO MOBILE HOME Pl\RK l<ENTS. Tl!E CITY COUNCIL OF THE CITY OF MOORPARK DOES SECTION l. Ordina11ce i!o. 7 of the City of Moorpark is hereby rcp9~led in its entirety. SECTION 2. The Moor-park Municipal Cqde is hereby amended by adding Chapter 4 to Title 5 to read as follows. CHAFTE~ 4 MOBILE HOME PARK RENT STABILIZATION Section 5.04.010 -Purpose and Intent. There is pcesently within the City a shoctage of spaces for the location of mobile homes. Because of this.shortage, there is a low vacancy rate and rents have for several years risen rapidly and caused concern among a substantial number of City residents. Because of the high cost of moving mobile homes, the potcnti2J for damage resulting therefrom, the r e q u i r ~me n t s r e L:: t i n g t ,::i t he ~ 1 L; ta l l 2 t. i o ,, o f '1i ob i 1 E' homes, including permits, landscaping and site preparation, the lack of alternative home sites foe mobile home residents and the substantial investment of mobile homeowners in such home~-;, a v.i.ct;_;,:il '110r,opoly exists in the rental of mobile {lUlltt_: ..:Jt__.i<--1"-C.'.__;, ;.__,._:. c• ~-:~.,_; ..__; -~ i_ ~~ :__~.-:~~ i~)n \.J[!i~c,~ r1:~Y ()'.,Jners f10ve unbridled d1~scretion and ah1lity to exploit mobile home parK tenants. For the'.;e rea,_;on';, among othc-cs, the City Council Einds and dcclaces it rH'cc:;'._;ary to protect the owners oE mobile homes fr-om unreasonable rent increases, while at the same time rccognizi~g the need oE park owners to receive a fair return on their-propecty and rental income sufficient to cover-increase:; in the co~;ts of repair:;, maintenance, insurance, employee services, additional amenities and other costs of operation. Section 5.04.020 -Definitions. Foi ll1,• puqJo';es of this Chapter, the terms set forth 111 l ti 1 , ; '.; " , : t i o n '.; h d J J h . i v c t l H , f o 1 1 ow i n CJ m ca n 1 n CJ :; : ( l l ~:/\ccurate_" Correct mathematically on the Hcnt Schedule Form .:ind any supplemental application mat c rial_ (2) ~~Ca.e_~al Impt-ovement_" Any addition of betterment: (]) ( 4 ) miHJC-to a mobile home park which consists of more than mere repair or replacement: of existing facilities or improvements which has a u~;eful life of five {';,) or more year~;, adds to the value of the property and appreciably prolongs it'.; useful life and which may be amortized 111 accord.:1nce with applicable Internal f~ e v e nu e Co cl c r e g u l c1 t i on s . ~~City staff" Moorpack_ or "s ta ft ... ::;t:aff of the City of "Complete." p:.-opcrly_ Rent Schedule Forms filed are filled out (5) "Compliance." The submittal of Rent Sche 1Jul<? For:r.s and other -requested material, documentation, information and responses to staff questions to comply with Section 5.04.060_ (6) "Consumer Price Index_" The consumer price index for Lhe Los Angeles, Long Beach, Anaheim, Metropolitan Area, All Urban Consumers, All Items, for· the twelve month period ending four (4) months prior to the effective date of the proposed rent increase (e_g_ November effective date would be for twelve (12) month period ending June 10)_ "Mobile home." A structure with dimensions larger than eight (8) feet by forty (40) feet or size larger than three hundred twenty (320) square feet designed [o~ 1:!...!!!12.!: h(!lJit.c'1tion, transported over-streets and h;nhu:>H<c t·n ;, :•f•rm:,nent occupa.11cy ::;ite. ;,no installed foundation_ ( 13} "Mobile horn~ark" or "p,:n~ An .:nea of land 1n the City where two.or more mobile home spaces arc rented or leased out: for mobile homes used as residences. Mobile home park does not: include developments which sell lots for mobile homes or manufactured housing, or which provide condomini'lm, community apartment:, or stock cooperative ownership, even if any home:; in the development are rented or leased out_ Mobile home p<irk includ(•s tr<,ile:r pack_ (')) "Mobil<' home park owner .. or "owner." The owner, l ,·:,·,or. ~)f)<'l ,Jl-(Jl:--(-)~---~~1.:111;-iye_r•<;r-;-;-·-!~l()l)i l (• home p.Hk. M,ili1 ],, IHJin,· p.irk uw1H:r incl11de'.; \ 1;1i lcr p:i1k riw11er ( 1 0) ( 1 l ) ( 13) (H) "Mobile home tenant or tenant_" /\ny per~;on cnt it l cd by written or oral agreement or by sufferance to occupy a mobile home park space to the exclusion of others_ Mobile home tenant includes trailer park tcnzint_ "Mobile Home Park Rent Review I3oard" or "Uoard"_" The -------- City Council of the City of Moorpark_ "Net _operating income_" Gross income lcs:, operating expenses_ Gross income includes the sumo( the gross •-n,r-e rent plus other income generated as a result of operat1lly '-;•~ ~'7 ,,-1, ! i -e-, laundry facilities, recreational vehicle storayc, ~tr_l plus revenue received from the sale of utility services (s~~. water, electricity, cable TV, refuse, etc_) where such utilities are billed individually to the tenants by the o~ners_ Operating expenses include th~costs of operation and maintenance, as defined on the Rent Schedule Forms. "Operation and Maintenance." Services provided by the owner related to the use or occu~ancy of a mobile home park space, including, but not limited to, water and sewer, natural gas, electricity, refuse removal, management and administration {including employee salaries and fringe benefits), maintenance and repairs, supplies, advertising, recreation facilities, laundry facilities, parking, security services, insurance, property taxes, other governmental assessments, and other costs reasonably attributable to the ope-caticn or mr1intenance o( LiH~ park. The term ;'Operat:ion anci Maintenance'' snctll not include legal fees related to rent stabilization or tenant relations, costs incurred in proceedings related to ti1i~" Ch::pter" or mortgage payments, whether for ;~--;:-~i~•l_. interest, or botlt. "Het1abilitation Work_" Work done on or 1n a mobile home park in order to comply with an order issued by the City of Moorpark, County of Ventura or other public agency,. or to repair damage resulting (rorn fire, earthquake, or other natural disaster_ lS) "P.r--nt Schedule Forms_" Forms, including any accompanying instructions, nrovided by the City and required to oe filed uy the o·""'ner for a proposed rent increase_ "'.;pace rent." The consideration, including any h<)11t1·;c·;, b1•nefit•; oc gratuitic'.,, demanded or received 111 <·011111•,:t_ion with tile u'.,(' and occup,incy or ,1 ';pace 111 .i 111,Jl11li• IH>lll•'. p,l!k, or tor :;<•rv1<_c>:; provid1•d, hut • ' ., < J 1 l ', l 'J I' () f ,I 11 1/ d 111 I ) I J 11 1 fl .t l d f <) I t tJ I' I J '; t ' () f ,J Ill() I l I ] t ' ( l l) home or l(ailer, or utility char<3es or trzish charges which are billed separately whether or not the units ;nc individually metered_ Space rent does not include (i) rcasonzible user Eccs for services actually rendered to some, but not all, of the tenants of a p.:1tk or (ii) ;:i.ny amount paid as ;i result of !3oard ,1pprovcd capit0l improvement~; or rehabilitation work_ "Tr,iiLcr." /\ structure with dimcn'.;iow; of eight {U) Leet by forty (40) feel or lcs~;, or a size of three hundrt_>d twenty (]20) square feet or less, designed to he drawn by a motor vehicle ,,nd to be used for hum;in habitaLi0,-, o:_ Enr carrying persons and property, including a trailer coact1 OL i1c0sc t~railer. Section S.O'i_QJO -Exemptions. The provisior.s following: of this Chapter shall not apply to the (l) Mobile home park spaces rented for non-residential uses_ (2) Mobile home parks, the construction of which began after September l, 1982 provided, however, that additional spaces created by the expansion of existing parks are not exempted from the provisions of this chapter. For the purposes of this secti~n, "construction" shall mean the erection of" structures. (3) Hobilc home parks cwred, leased, managed or operated oy the U11ited Sta~es Govfc'.criment, the State of California, che County of Vencura or the City 0( (v'too L pd r-k - (1) Tc:t,:ifh~ics which do not exceed an occupancy of twenty '. :-,_,; ,L2ys ;ind which do not coi,tc,,:;_:::!_.:lt'? rln occupancy of ~-.. ,---. .--. .. -. ' L ,.... '--1 ~ '--_J (')} Mobile home parks which arc occupied by less than five mobile home~; or trailers_ (6) Tenancies covered by leases or contracts which provide for more than a month-to-month tenancy. This exemption is only (or the duration of such lease or contract_ Upon the expiration or other termination o( any such lease or ~ontracl, this Chapter shall inu1wdiatcly be applicable to the tenancy_ l\. CompJ 1ancc with Chapter. On and after the effective date of this Chapter, it •;hall be unlawful for a.ny owner to (i) 1r.crease any sp0ce r c n t , ii n d no i n c re as c 1 n space rent sh a 11 be e f f: cc t i v e , unles~; approved by lhe Board zis set forth 1n thi:_; Chapter, or (ii) L1il to comply with any provision of this Chapter B. Ef:lect on leases. In any application Lor "' Sj;~-=.:c::c ,-pnt increase under thi~_; Chapter, the owner shall indicate which, if any, ot tlie: mobile r,o:11e park spoccs are covered by ]eases or contracts which provide for more khan a month-to-month tenancy, together with the expiration date of each such lease or contract. Any space rent increase approved by tb~ Board under this Chapter shall not be applicable co spaces covered by such leases or contracts during the terms of such le~ses or contracts. Upon the expiration of each such lease or contract the space rent contained in that lease or contract shall remain in effect uncil the next rent adjustment for the particular mobile home park is decided by the Doard. This subsection is not intended to preclude the extension or commencement of any lease or:-contract. Section 5.04.050. Space Rent Increase The Lesser of Five Percent or Two Thirds of the Consumer Price Index. A. Without Maiority__Protest. The procedures and fees set forth in Sections 5.04.060 shall not apply co any proposed space rent increase which docs not exceed the lesser of five percent (5%) or two- thirds (2/3) ot the u1crcd::.,t:~ 1,, tt-:c C0n<e:11mer Price Index of Lt-ic cut~dl ~;t)ace rent of each a.LLt~cte....-1 rnc>bilc r~()~:~c tJ.J.~~: '.,pace, provided that: ( l) The proposed space rent increase 1s to become effective no .sooner than one ( 1) year from the d.:1te the lo~,t incre.1.se became effective at the particular mobile home park. { 2) Net less th0.n sPventy-f ive ( 75) days prior to the effective. date of the proposed increase, the ow11er files -,..,ith the 13oard a Rent Schecule Form z.nd '.;upporting documentation together with proof that he '.,erved each affected tenant, personally or by mail, with written notice o( the proposed 1nco?ase. Said 111>t.11·,· •,tl,1! l '.~late ( i) the proposed rent and cf(ect.1ve d, 11 1 • t I 11 • r .-< J f , ( j j ) I. l Lit t l l f> t (' I l. I rl \ 111 d y p I O t I''.; t t ll I: 1ir,,1in·,,·d 1r1<·11•,i•;e l>y f1]1nq d \.Jtitten p1ote•;t witl1 1111' I 1,, , . " d •,: 1 I J 1 1 1 1 1 fl 1 1 t '/ ( lf J ) d ,i y • , d 1 t 1 • 1 • , , • 1 v 1 < ·, • o I Ii, • notice and (111) l11at a copy o( the Hent Schedule Form and supporting documentation is avaiL:ible Lo any aC[ccted tcn;int (rec of charge upon request at the owner's office in the particuL:i.r mobile home part. Mailed notice sh.:ill be deemed served as of the second day after deposit in the U.S. mail, postage prepaid. The Rent Schedule Form shall show the existing rent ;1nd proposed new maximum rent for each affected space, calculated according to ~;ubsection !\ of '.;ect ion 'i.0 11.0f>O, and shall include documentation supporting the reque'-:;ted increase 1n the Remainder component. (3) The tenants ot less U-ta,, Eift-:y-one percent (51%) of the S[)aces affected by the proposed space renL increase file wricten protests with the Board within thirty {30} days~after service of the written notice. If a majority protest is not filed, the proposed inc~ea3e shalJ be placed on the aoard's agenda prior to the noticed effective dal~of the increase fee appcoval as a Diniste~ial decision. The decision of the Board shall be final. 8. With Majority Protest. (l) If a majority protest is filed, the proposed increase may not be implemented by the owner unless and until approved by the Board in accordance with the proce- dures set forth ir1 subsectior1 B (1), (2), (3) and (4) of Section 5.04.060, except that compliance with s11bse:ction A (2} of this Section shall constitute compliance with subsection B (1) of Section 5.04.060. (2) The Board shall, with respect to: (a) The Operation and Maintenance component, approve the increase nuLiccc by ::h~'. r.wn0i-, based upon a findinq that tt1e relevant pol Lien, ,-,[ Lhc ::c::::. Schedule Focrn, as originally tiled by the> owner or as 3rnended by the owner prior to the close o[ the hearing, is accurate, complete and in compliance with this Section. (b) The Hemainder component, ( i) approve the increase noticed by the owner, 1n whole or 1n part, based up,:::rn a fi.ndin<] that the tncrease, as approved, permits a fair return and sufficient rental income in accordar;ce with the purpose and intent of this Chapter or (ii) deny 1n total the increase noticed by the owner, bzised upon a. finding that an increase t'-; not neces~;ary for the owner to receive a fair 1,·t1Hn and '.;11fficie11t re11t;1l 11H'omc in accord:inc(' \.JJ\li \111: p111po'.;P and i11lui1t of tlii:; <:h.1pt1·1. I, Scctio,1 S.0'1.0GO -Determination o( B,,se nent a1Hl I\llow,iblc A. Oasis (or Determination (1) The proposed space rent increase 1:; Lo become cf(ectivc no '.;ooner than one (1) year from the date of the L,,:;t tncrease became effective at the particular mobile home park. (2) The base rent for purposes of this ~;ection ,;h,1.l l be """' t-h l v space r e n t i n c f f e c t d t t he t i me o f adoption ot tniJ '--""t·~ F'nr purpo'.:;es of determining zillowable increases, the space rent, J;,,,ll t:-e divioccl into two components as follows: (a) 9peration and Maintenance. The portion of the space rent attributable to the cost of 9peration and Maintenance. This cornpune~t shall be increased as necessary to cover documented increases in this component. Increases in income from other park- related sources shall be deducted in determining the amount of increase in costs. In the event a mobile home park owner who does not separately bill utilities converts from a commonly shared metered system to each space, or when the owner initiates a segregated charge or a separate trash or utility billing to the space, the owner shall file a written report of such change with the Board on or before the pffective date of the charge. The Board shall determine the 2mou~t co be deducted from the space rent as a result of such sep;:irate charges or billing. Thereafter, such cha.rges or billings shall not be a part of spc1.ce 1 ~i-l L. Hem,:iinder Ti1e remainder or cht:'. sp~,cc re11L. component may be increased by not more th,,n percent (70%) of the Consumer Price Index. i i \ i '.j seventy I 11 no event, however, shall the increa'.-;e in thi:; component exceed seven pelcent {71.). Supporting documentation shall be filed to ju'._;tify the requested increase. ( 1) Calcul.ations of space rent 1ncrea.scs for tile particuL1r mobile home park, _as provided in t~his Section, stiall be based upon the consecutive twelve (12) mo11U1 period ending foul ('1) months priur to the ,,[fcct:ive date of the prorosed incre,,se. !Cl no event, llow1•v1:r, '.;ll,ill tlH' Opcr;ilion and M<iinlcn.:ince c:-ornponenl !01 .H1y rno11tll, 01 port ion the1cof, he ll'.~t>d i,1 tli,· ,·,1],-,1),11 !()II', f<Jl ill()!i' tli.111 ()llt' ·;p,1,·,, !1'11( l!\('(<',l',l' ,f " .. ~ , ~"' _.,, \.._v l\. Procedure ( l ) No t l cs s t ha n :-; c v c n t y -f i v e ( } 5 } d a y s p r i o r to t h c effective date of the proposed 1r1crcasc, the owner shall file with U1c Uoard a Rent ~chedule Form and ';upporting documentation together with proof that he '.; c r v c d each a f f e c l e d t e n a n t , pc r son a 1 1 y o r by ma i l , with written notice of the proposed increase. The written notice :;hall state ( i) l:he propoc;ed rent and effective date then~of, and (ii) that ,1 copy of the Rent Schedule Form and supporting documentation 1s ZJ. v a 1 i ci ;__, ~ -c: :.. -~-. ., n y ,ci f f e c t c d t e n a n t f r c e o f ch a r g e u ;-Jo r, request at the ownet·'s o[[.1-c..: :::, t·hc particular mobile home park. Mailed notice shall be deemed serveC a~ of the second day after deposit in the \J.S. mail, postage prepaid. The Re~t Schedule Form shall show the existing rent and proposed new maximum rent for each affected space, calculated according to subsection A of this Section, and shall include documentation supf)orting che requested :i_ncrease in the Remainder component. (2) The owner shall deposit one-thousand dollars (Sl,000) as a tee to coveL the costs of processing the p~oposed space rent increase. Upon conclusion of such processing, the balance of the deposited processing fees, if any, shall be refunded to the owner. If additional costs are incurred, the owner shall be billed for, and shall be liable for, payment of such additional costs. (3} The Goard shall hear any request complying with the requirements of paragraphs (l} and (2) no later than forty five (45) days after receipt thereof. At least tc,, !10' day:; prior to the hearing, the Goard shall <1ive written notice 01. Luc:: :~;:-:~2 2-nn 1,lace set for the Y-< > f '\ t' ( > <: ( • f ) I , ~ I , • ---L----· --. • -• - any person who has filed with the City Clerk a written request to be notified. No hearing or any p3rt thereof may be continued beyond twenty (20) days after the initial hearing date without the owner's consent. If the Goard ;:ipprovc:-; the increase as requested, or lower than requested, the same shall take effect as noticed by the owner or a::; the Board may otherwise direct. i 'l) The lloard shall make a ( ina-t decision no later than ten (10) days after u,e conclusion of the hearing. The Uoard'~, dcci:~ion sh<1ll be based on L!1e pr<•ponderance o[ the evidence submitted at the li1·,1r t11q. The ownl'r /ind ,-i] l tcn<1nt'.-; requc·;t.inq written 1H>t 1,_-,. ·;h.1! l IJ<' <idv1·;,•d 1)1 t.lle llo,i,d'·; d<·<·1,;io11 ,ind < J I VI• 11 , I ( < J p 1/ () ! t lJ <' ! l fl <J l !l I J '., l l Jl< l I l WI l j CI l t I l( • d I• ( -I ', l ( J 11 I', l1.1·,,·d 'J'IH· ,J,., l',l•Jll ,if th,• ll<J,lld ·.li.1ll IJI· 1,1.il u (~,) Tile Board shall, will1 re',pecl to: (,,) The Operation and M,1intenance component, approve the increase noticed hy the owner, based upon a finding that ttw r·clcvant portion oE the ncnt Schedule Fo~m, iJ.'.~ originally filed by the ovmcr or as amended by the owner pt ior to the close of the hearing, is acc\Jr<Jte, complete and in compliance with thi::; SectH)11- (b) The Remainder component: {i) approve the 1ncrca~;e noticed by the owner, Ln whole or 1n part, ba,_,cd uµvu o !-h.·;t t·h,_· increase, as approved, permits a fair rctucn ,1110 suLC:ici~:·,t:: r·0ntaJ income in accordance with the purpose and intent of tl11s Chapter or (ii) deny in total c11e increase noticed by the owner, based upon a finding that an increase is not necessary for the owner to receive a fair return and sufficient rental income in ~ccordance with the purpose and intent of this Chapter. Section 5.04.070 -Discretionary Space Rent Increases. A. Basis for Determination (l) An owner may apply to the Board for a discretionary space rent increase above thdt otherw5se allowed by Section 5.04.050 or 5.04.060 in cases where he con- tends that the facts and circumstances of the par- ticular case warrant such an increase. It is not the intent cf this Sectjon to require the owner to justify space rent i:1ct c2scs prc,; io'-2sly approved hy the I3oZ!::-d. (2) It shall be the responsibility of the owner to provide sufficient supporting documentation to justify the ~ ~ q 1._1 0 ~ t_ Pd 1 n c r ea s c ~ 'I' h. c s u pp o r t i n g doc um en ta t i on mus t oemonstrate that ;i,; a rt.''.,Ul i.__ 0;: ~-"-• :· ----~r. f:,r~t-n,~, -. .,..... ,..-..,, ..--,,,..... ------,,...... ,-.. ,.., ,,, l \, . . •-\, , ' "---"" ,-> t--' .._ ....,,,. L__. ..__. -~ ....__ \_.-. ~_,, 1 '-' ''--- allowed by Section 5.0'1.0'::.0 or S.0'1.060 is nccc'.;sary to permit a fair return and sufficient rcr~tal income i n a cc o rd a n cc w i t h t h c p u r po s c a n d i n ten t o f_ t h i ,; Chapter. The owner si1all comply with any staff request (or additional documentation to permit evaluation of the rcque'.;tcd 1ncrcasP. ( ]) No increase 1n spc1ce re:.t sh2ll hr> approved because of increased principal, inl<2test or other expense~; resulting from: (a) The re(in.-.incinc; of l11e mobile home uark_ (h) Tl\P •;ale of tl1e mnlii ](' home park, PXC(·pt tor <·h,lrl<J<", to pr <J{l<'1 t y t ,i;:1", .1nd/01 other <J<)V<'t 111111·r1t .i] ,l',',(-<;•;[ll!'flt ·, ,,·, ,I I <",ll It ,;: ',IJ<"h ',,l i <'. '! (c) Capital improvements- (d} Hehabilit<ltion wock_ [l_ Procedure ( l } Th C pr O Ce cl l1 r e :_; '., C t [ 0 r t ll l 11 sub~-; CC t i On B ( 1 ) , ( 2 ) , ( J ) zind ('1) of Section s_o,1-0GO shall be applicable to di:;ccetionary space rent: increases, except that the initial deposit shall be f:ifteen hundred dollars ($1,500)_ (2) The Goard shall with r-espect L0 ::;p.::.c:'.2 ,,--pnt 1.ncrease noticed by the owner; (i} appcove the increase, 111 whole or in pact, based upon a finding that the increase, as appr-0ved, permits a fair return and ~ufficient rental income in accordance with the purpose and intent o( this Chapter or (ii)~~eny in total the increase, based upon a finding that an increase is not .1ecess<1ry for the ownei:-to receive a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter Section 5.04.080 -Aruortization of Capital Improvements and Hehabilitation Work_ ( 1 ) ( 2 ) Basis for Determination An owner may apply to the Board for approval of a Capital I~provement or Rehabilitation Work 2mo~t::iza~io:1 schedule within twelve {12) lllOnth:::; afte::- complecion o[ the impcovement or woci-:_ It is not the intent of this Section to require the owner to justify the improvement or work, pro;.,ided that the improvement nr work satisfies the definition oE either a Capital Imp rove m c n t o c !{eh a iJ 1. l i t_ a. c i 0:. '. ~ -' -~ ': . It shall be the r-esponsibility of the owner to provide sufficient supporting documentation to demonstrate that the impcovement or work satisfies the definition of either a Capital Improvement or Rehabilitation Wack and to justify the r-equestcd amor:tization schedule_ The owner shall comply with any staff r-equest foe additional documentation to per:mit evaluation of the requested scitC:dule. ( 3) The amortization schedule sha l. 1 spread ti1e cost of the Capital Improvement or Rehabilitation Work unifocmly amonq all of tl~e mobile home park spaccs in the par·ticular-mobile home park, including spaces covered by le<i'.;•~'; or contract'; which provide for more than a Jl\(J11tt1 to-111ontll IP11.incy, unl(''.;'.; the owner c.111 d,·111<i11·.tr,ite with :,11pp<>rti11<J <locu111t:!lt,1ti(lll tl1,1t t!H· I (J improvement or work doc:; not bcncCit all o( the space:; or that the :-;paces ,:ire not uniformly bene(itted_ IL Procedure (l} The procedures set forth 111 subsection B (l}, (2}, (3) and (4} of Section 5_()1\_0GO shall be applicable to the amortization schcdu]e for a Capital Improvement or Heh~1bilitalion Work, except that: ( 2 } (a) The owner :;hzill file an cimortization schedule in place of a Rent Schedule !·'orrn_ The schedule shcill ~L.-~ •• 1-1,.cit· thP improvement or work :;atisfies the definition of eitt1cr d ~-=dlJ.LLc,l ::::::;;:r,_::;,,r:m,.nt· or Rehabilitation Work, the total cost of the improvement or work and the amortization of such cost by mobil~ home park space on a monthly basi~- (b} The initial deposit shall b~ fifteen hJndred dollars ($1,500_00)_ The Board shall approve, in whole or amortization schedule noticed by the findings that: in part, the owner, based upon (a) The improvement or work satisfies the definition of either a Capital Improvewent or Rehabilitation Work; (b) The amortization schedule spreads the cost of the Capital Improvement or Rehabilitation Work to all of the mobile home park spaces that are benefitted, co:-:sistent \.-lilh suLse,__:Liut1 ,,. ( 3) of this Section; {c) The financing o[ lhe irnpcovemcnt or wor-k is at an interest rate tha.t does not exceed the rate <-:;imll0r ~)r0j 0 ~-:t::~ !:~o::~ i:-::c:~~1.~::C?~'-:2--~?.3._ ~~~~~~:s institutions located in Ventura County; and (d) The amortization schedule permits a faii:-return and sufficient rental 1.ncornc in accordance with the p u i:-pose and i n t e n t o f U, i ~; Ch a p t e r _ c_ Effect of Amortization Schedule t~o owne[ st1all dernand or recc1·v·c 111 connection ~,j th t!1c u'..,e and occup;:1ncy of a space in a ·mobil·e home park any con~_; i de r a t ion , i n c l u d i n g b on u s e:; , u e n c f i t s o r g r a tu i t i es , f o r a n y Ca p i ta 1 I mp rove> rn e 1, l o r n ch ab i 1 i ta t i. on Wo r k , u n 1 es s <111 ,1111ortization schedule ha~; h<>cn approved by the noard as :;,•t forth ir1 Uiis :";ection_ Tl!P .1mCJl111\ ,·1 t_en,in\ i•; to p:1y p11r ·.11.111\ to .in ,1pprovPd ,1n1or\ 1 z.1\ 1,,11 :;chedule :;l1<1! l be 111 I l addition to, and not part o[, Lhc space rent. shall not be used in calcuL1ting acy increase Such amount 1n space rent. Section 5.04.090 -Conduct of Board Proceedings Meetings and he;:ning ot the Do;:ird ::,hall be conducted 111 ziccordancc with the following: ( l ) Ex cc pt a:; au tho r i z e d lJ y S t a L c Law , a 11 rn e e t i n g a 11 d hearings conducted by the Goard shall be open to the public. (2) All parties to a heai:1119 m0y t,;::;·"·c 2sc.istance from an attorney or such other person as may be designed by said parties in presenting evidence or in setting ( 3 j ( 4 ) forth by argument their position. All witnesses shal·l be sworn in and all testimony shall be under penalty of perJury. / In the eve,1 t th& t either the owner or any interes tea tenant(s) should fail to appear at the hearing at the specified time and place, the Board may hear and review such evidence as may be presented and make such decisions as if both parties had been present. All hearings shall be Lape recorded. preserved for two years, or longer if party affected by the hearing. Tapes shall be requested by any Section 5.04.100 -Other Actions of the Board A. The pu:icecur:es oE this Chapcer dre intended to result .i11 a final decision prior to the effective date of a proposed space rent increase. If Staff or Board actions do not result in a final decision by the effective date of the pcoposed increa~'c:, ;_:;.;__: :..;;__;:...,..:._.:___"-----'--,1 1 ho r-.. t-.--n,cictive to the -1--.. ' ~ :,. ; .. • :,. I l • I 1 ; • --------~- retroactive amou~t to after the decision of the owner the Board within thirty is announced. (30) days B. If the Board finds effect 111 violation of the owner shall refund tenant(s) within thirty Buacd. that a spa_ce rent increase went into this Chapter, or any portion thereof, the amount of the increase to the (30) days after the decision of the Section 5.04.110 -Procedural Irregularities ------~----------------------~------- Furf'1al rules of evidence or procedure ;Jhich must be followed in coutl shall not apply to the Board proceedings, except to \Ii\• cxt.-11t that the Board '.,ha] l (k•tcrminc. No action of th<' /l(),11d :;h,11 l hi' held void <lr 111v,il 1d 01 IH· :;(•t :i:;ide by ,111y ,-, )ll I I <JI\ !.,: qj •·v I d,·ll<-•·, <Jiound ot ttH· 11lq>10JH'r .1dmi:;•;io11 01· rPJPCt 1011 ()! hy J(',l',')ll ()f ,ll\Y ••JJ()[, ll l<'<jlll.l!-lty, l ' i n ( o r 111 ,, J i L y , n e g l c c L o r om 1 ~; '._, 1 o n ( h c r c i n a t L e r ca 1 l e d "error") ilS to any matter pertaining to ap;,lication:;, no t i c es , f i n d i n g s , r e co rd s , h c il r i n g s , r e po r t s , ·recomrncndations, or any matter'.; of procedure wh.1tevcr, unless after an examination of the entire case, including the cvi.dcnce, the court_ ~;hall be of the opinion that the error complained of wa'.; prejudicial, and that by rcJson of :;uch error t:he party bringirHJ the action or :;uit sustained and suffered :;ubstantial 1nJury, and tha.t a different re:.,ult would h:1vc been prol>able if :;uch error ha.d not occurred or existed. There shall be no presumption tha.t error is prejudicial or that injury w,:1:; done if err·or is shown. Section 5.0'1.120 -Notice to New ·1e11J1t1...::; Prior t:.o, or at the time of, agreeing to cent .:1 mobile home park space to a new ten~nt, the owner shall provide the neQ tenant with a copy of this Chapter, as currently~in force. Section 5.04.130 -Tenant's Right of_B~~usal A tenant may refuse to pay any increase in space rent which is in violation of this Chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile home park space or to collect the space rent increase. Section 5.04.140 -Retaliatory Eviction Notwithstanding Section 5.04.130, in any action brought to rPcouer possession of a mobile home park space, the court may consider as grounds for denial any violation of ai,y p.::ovisio,1 oE chis Chapter. Further, the determination that the action was brougl1t in retaliation for the exercise of any rights conferred by this chapter shall. be grounds for: c:icni.::i.l. f~ny action brought within t.nrec (3) months o[ the d c t c rm i n a c ion o L cJ. L ,: q u 0 s :.... __ . L • "~ •• ~ • ~ 0 p c.1 r r, ~ 2. n t: t o Sc ct: ,. o :-: '.) . 0 -1 . G GU o L ':> . J ,~ . u i v , 1.1 t '-.i.. u 0 J.. 11 y ...., determination made as a result of a petition filed with the l3oard by a tena.nt pursuant to Section 5.04.050, shall be p r es um e d t o be r c t <l 1 i a t o r y ; t h i s p r: e ~; urn pt i on a f f e c ts t h c burden of proof and 1~; rebutL,blc by the owner. Section S.04.150 -Civil Hcmedics I( <illy owner dcma.nds, accepts, recr>1vcs or retains any [)ayrncnt of S[J<lce rent in excess of the~ m.aximurn approved 1Jy the Boai.:d under this Chapter, the tenants affected by such violation, i.nd1vi.dually or by cl.ass action, may seek-relief: 1n ,1 cour:_ o( compctc11t juci:;diction for injunctive relief or d:rntdq,•:; or both. lr1 any '.,uch court proceeding, the pr("J,11l111<J p.irt.y •;h,ill ht• ,1\.J:11ded !11:; rc.i·;on:11)!1• ;,ttorney':; It>('", .11\<l ,·,>1111 co•;t !11 1t:, d1',<:1,•l1011 .1r11l i11 .1dd1t1<J11 to .11ty ·11 lt•·r 1 ,·! l<.'f qr ,1111 ,·d ell d,111t.1<J<'", .1v1,11 d,•d, \ Ii,· c,1111 I ·.l1.tl l ,,.... be empowered to awa.rd to ca.ch tenant who lS ;) pZlrty to the action or ~;uit, civil damages 111 the sum of not more thc1n thcce times the totci.l monthly space rent demanded by the O\.Jlle r [ rom eilch such ten3nt 1n violation of tl1 is Cii<.lptcr_ ':, _ 0 ,J . l G O -Tc r m i n a t i on This Chc1plcr :;hall remain in effect only until ,July 31, 1988 .::ind as of Lhat. date '_;h,,11 expire, unless earlier repealed or extended by the City Council_ The City Council shall review the effective!1ess of this Chapter in addressing the problems giviny rise to its enactment at least three (3) months before its expiration and take appropriate legislative action thereon_ SECTION 3 This Section shall apply to any mobile home pa~a:s-defined in SECTION 2 of this Ordinance, for which a space rent increase was approved at the particular mobile home park pursuant to Ordinance No_ 7 of the City of Moorpark, provided that the one (1) year anniversary date of the increase will occur within seventy- five (75) days after the effective date of this Ordinance_ (1) The owner, as defined in SECTION 2 of this Ordinance, of such a mobile home park who files for a space rent increase within thirty (30} days after the effecti 0 e ~atP of this Ordinance may request on the Rent Schedule Form that the proposed increase be approved retroactive to an effective date that is one (1) year from the date the last increase became effective_ {2) The Goard, as defined in SECTION 2 of ~;[JdCC re11L lJlc.._ll:'z1~>~, l,Jll_JV.Lu~u Llid.L Ltle li..ellL .J\._llCuu__;,_~ _·-.,,~ .. , and supportive documentation and the processing thereof othef\,.1i,:;e comply w'itl~ all applicable provisions of SECTION 2 of tlli'; Ord111c,nce. ( 3 ) vJi t h i n t h i r t y ( 3 0 ) days a f t e r a retroactive rent increase is approved by the l3oard, the owner shall serve each affected tenant, as det:incd 111 SLCTION 2 o[ this Ordinance, personally or by mail, wi.th w r i. l ~ e 1 : n (J L i_ c e o f t 11 c d i t E e L e n cc t, c t i-.t c f:' n t 11 c s t) a c e r e n l previously paid by tile tenant and the approved retroactive srace rent increase-The notice ~,hall include,, statement Lh,ll tl,t' le11,1nt shall ;)ay the difference to the owner within thirty (JO) d,1y'; ,1iter t:imcly ';crvice of notice pur,;uant to t li1•. p.1t.i<J1.1pl1. M.11 !Pd not ice '.;h,11 l be decnu·d ';c1vPd <1'.; of tit,··,,•,"<)[\<) d.1y .dt,·t d,•ptJ•;1t. II\ th .. \)_';. [1\,111, p<J:;t.iq,· I)! ··1 ),j 1 ,j" • ('1) I( an af(ccted ten,,nt (ail'.; to make ltmcly pay11w11L p11r'.;ua11l to paragraph (3) o( this Section, tile owner m,iy '.,eek in a court of competent jurisdiction such relief <1'.: the owner is entitled to at law or in equity pur~~uant to the '.;L1tutes of the legislature and the judicial dcci'.;ion'; oC tl1P court'.; or thi', state_ SLCTJON '1 ~;cvcrability-I( c1ny provision or claw;c uf th1--:-; ()-id1-;1;incc oi ltw application thereof to any pcc~on or circu1w;lance ic; held to be unconstitutional or to be ull1cr\.J1c;;, 111v,ilid by a Cinal judgment of any court of cornpt~tcnt juri'.;diction, such invalidity shall not a((ect any ot:lici prov1'.;1ons or clauses or applications thereof which can be implemented w1Lt1ouL Li1c: ~11valid p.:-c·,·isicr, or-cl_;ci11c;p or ,1pplication, and to this end, the prov1s1ons and clauses cf :::t11s Ordinance are declared t.o be severable_ SECTIONS This Ordinance shall take effect thirty (30) Jay3 after its passage and adoption.~ SEC~ION 6 The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute oE the passage and adoption thereof in the records of the proceedings c_)f th.e City Council at vlhich the same 1.s passed and adopted; and shall, within fifteen (15) days aEter the passage and dJoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper ·of general circulation, as defined in Section 6008 of the Government Code, Eor the City oE Moorpark, and which 1s hereby designated Eor that purpose. ·' P/\SS~.:) Ml;:) I\~OPTC.:D this /le day oE~, l98S_ !\TTE:ST: / ---_ __,,___J _.._ -L ------•------------~;-:------, --__,.-A--:r--<-./--('-.-..,...-"--'--~ "t -~--•-•----~ ----- - ---• -C ·---,_ l Moorpark , Ca. l i (or n i a I( .. STATE OF Cl\L I FOHN 11\ COUNTY OF VENTUIU\ Cl TY OF r~OOltPJ\ JU~ 1 , --------~ ____ D_OlUS_J)_.~131\NKU_S__ --------c----c-' City Clerk o[ the City o[ Moorpark, Cali:iornia, do hereby certify that the foregoing Ordinance No _ ___5J____ was adopted by the City Council or the City of Moorpark, at a reguL1r meeting thereof, held on the _l_G_Ul cidy uL -~)~J2L~mi.J_c_c__----_, J 98 5. ;1nd that the same was adopted by the following vote, to wit: AYES: NOFS: this 16th day of Councilmembers Weak, Yancy-Sutton, Ferguson, Woolard and Mayor Prieto; !'Jone; None_ my h2-_nd and ____5_pntPm hPr the official seal of said City 19 8 5-