HomeMy WebLinkAboutAGENDA REPORT 1998 0603 CC REG ITEM 12A 5q►,
ITEM 11 A .
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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AGENDA REPORT BY: OI i 5' PT( J
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TO: Honorable City Council
FROM: Nancy Burns, Senior Management Analyst
DATE : May 22 , 1998 (Mtg. of June 3, 1998)
SUBJECT: Consider Revisions to Mobilehome Park Rent
Stabilization Ordinance
Background
On May 20, 1998, Council received a report which identified
recommended changes to the City' s Mobilehome Park Rent
Stabilization Ordinance . These changes were incorporated as
proposed Ordinance No. 242, which was introduced on first reading
May 20, 1998 .
Discussion
Proposed Ordinance No. 242 was unanimously approved for first
reading at its introduction, May 20, 1998 . The proposed
revisions remove the four per cent (4%) threshold from the
standard space rent increase; eliminate vacant spaces from which
mobilehomes have been physically removed from the provisions of
the Mobilehome Park Rent Stabilization Program; require that
mobilehome park tenants receive a summary of the provisions of
the ordinance; identify administrative requirements; and clarify
the definition of Consumer Price Index (CPI) .
Recommendation
Adopt, on second reading, Ordinance No . 242 .
C:\M\NLB\AGNDARPT\MH NEWORD with Vacancy Decontrol-2nd Rdg-May 26, 1998 1
000235
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTIONS
5. 52 . 020, 5 . 52 . 050 AND 5. 52 . 120 OF CHAPTER
5. 52, MOBILEHOME PARK RENT STABILIZATION, OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that in the
course of administering Chapter 5. 52 of the Moorpark Municipal
Code, there is a need to clarify certain provisions of the
Mobilehome Park Rent Stabilization Program and that for the benefit
of both tenants and owners, a summary of the provisions of the
Program should be provided; and
WHEREAS, because of the downward trend of the percentage
change in the Consumer Price Index since February 1991; and
WHEREAS, it is appropriate for market forces to determine
space rent of spaces vacated by mobilehome units;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1 . The definitions of Compliance and Consumer
Price Index in Section 5. 52 . 020, Subsection C of Section 5. 52 . 040,
subsection A and subsection A. 1 of Section 5 . 52 . 050 and Section
5 . 52 . 120 of the Moorpark Municipal Code are hereby amended as
follows :
5. 52 . 020 Definitions .
"Compliance" means the submittal of rent schedule forms
as approved by the City, the payment of an administrative fee, as
established by resolution of the City Council, for the submission
of mobilehome space rent increase applications, and other requested
material, documentation, information and responses to staff
questions to comply with Section 5. 04 . 060 of this chapter .
"Consumer Price Index" means the percentage change in the
Consumer Price Index for the U. S. City Average, All Urban
Consumers, All Items, for the twelve (12) 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 30th) .
5. 52 . 040 Rent increase--Leaalit .
C. Effect on Space Rent Occupancy Change .
1 . Upon a space rent occupancy change that occurs on or
after November 6, 1992, that results from a mobilehome in a
mobilehome park being vacated voluntarily or involuntarily, leaving
the mobilehome in place upon the space, the mobilehome park owner
may increase the space rent in effect for that particular space at
the time of the change by an amount not to exceed the lesser of
five percent (5%) or the Consumer Price Index. Such an increase
shall not be applied more than once in a twelve (12) month period
and not more than two (2) times in any five (5) year period. Nor
shall such an increase constitute a space rent increase for the
purpose of determining when the last space rent increase became
effective under Section 5. 52 . 050 (A) (2) or Section 5. 52 . 060 (A) (1) .
2 . Upon a space rent occupancy change that occurs on or
after July 1, 1998, that results from the complete removal of a
mobilehome coach from the space it formerly occupied in a
mobilehome park, that same space shall no longer be subject to the
provisions of this chapter, except Section 5 .52 . 120 .
5. 52 . 050 Standard space rent increase.
A. Basis for Determination. The procedures and fees
set forth in Section 5. 52 . 060 shall not apply to any proposed space
rent increase which does not exceed the -greater of four percent
(4%) of the adjusted Consumer Price Index ("CPI") of the total
space rent of each affected mobilehome park space, provided that :
1 . The adjusted Consumer Price Index means the full CPI
aLvoe-fuuL s cent (4) % up to and including seven percent (7%) and
two-thirds (2/3) of the CPI above the seven percent (7%) up to and
including eighteen percent (18%) for a maximum total increase of
fourteen point thirty-three percent (14 . 33%) .
5. 52 . 120 Notice to new tenants . Prior to, or at the
time of, agreeing to rent or lease a mobilehome park space to a new
tenant, the owner shall provide the new tenant with a copy of this
....................
chapter, as currently in force, along ' With a summary of this
hapter' s key provisions and projections regarding the effect such
provisions may have on tenants. This summary shall be prepared and
provided by the City to mobilehome park owners for their
distribution to current and incoming new tenants . Within thirty
(30) days after receiving such summary from the City, the
mobilehome park owner shall provide a copy of same to all current
tenants, whether tenants are renting or leasing space.
SECTION 2 . If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part of portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts of portions be
declared invalid or unconstitutional .
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SECTION 3 . 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 of the
passage and adoption thereof in the records of the proceedings of
the city council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED AND ADOPTED this day of
Mayor of the City of Moorpark
ATTEST:
Deborah S. Traffenstedt
City Clerk
00024Z
MEMORANDUM
TO: Honorable City Council
•FROM: Nancy Burns, Senior Management Analys •NEM\
DATE : June 3, 1998
SUBJECT: Revision to Proposed Ordinance No. 242, Amending
Chapter 5.52, Mobilehome Park Rent Stabilization,
of the Moorpark Municipal Code
Proposed Ordinance No. 242 is on the City Council Agenda June 3,
1998, for adoption on second reading. In order to protect
controls on space rent increases for tenants who may need or wish
to replace their existing mobilehomes with other mobilehome
units, revisions are recommended for the proposed ordinance.
These revisions pertain only to the "decontrol/no recontrol" of
spaces from which mobilehomes are physically removed.
Changes were made in three areas as follows :
1 . The third "WHEREAS" in the introductory section, adding the
words "which are not being replaced by existing tenants";
2 . Section 1, adding the words "Space rent occupancy change" to
the list of definitions being changed; and
3. 5. 52 . 020 Definitions, adding the text of the current
definition of Space rent occupancy change, with the proposed
addition "No space rent occupancy change shall be deemed to
have occurred if an existing tenant removes an existing
mobilehome from the space that tenant rents in a mobilehome
park, in order to replace that mobilehome with another
mobilehome, to be installed on the same space . "
A copy of the revised proposed Ordinance No. 242 is attached for
your review.
It is recommended that this revised ordinance be introduced for
first reading June 3, 1998 .
cc: Steve Kueny, City Manager
John Nowak, Assistant City Manager
C:\M\NL8\ORDINANC\MEMO HCC-6/2/98-June 3, 1998
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTIONS
5. 52 . 020, 5. 52 . 050 AND 5 . 52 . 120 OF CHAPTER
5 . 52, MOBILEHOME PARK RENT STABILIZATION, OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that in the
course of administering Chapter 5. 52 of the Moorpark Municipal
Code, there is a need to clarify certain provisions of the
Mobilehome Park Rent Stabilization Program and that for the benefit
of both tenants and owners, a summary of the provisions of the
Program should be provided; and
WHEREAS, because of the downward trend of the percentage
change in the Consumer Price Index since February 1991; and
WHEREAS, it is appropriate for market forces to determine
space rent of spaces vacated by mobilehome units which are not
being replaced by existing tenants;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS :
SECTION 1 . The definitions of Compliance, Consumer Price
Index, and Space rent occupancy change in Section 5. 52 . 020,
Subsection C of Section 5 . 52 . 040, subsection A and subsection A. 1
of Section 5. 52 . 050 and Section 5 . 52 . 120 of the Moorpark Municipal
Code are hereby amended as follows :
5. 52 . 020 Definitions .
"Compliance" means the submittal of rent schedule forms
as approved by the City, the payment of an administrative fee, as
established by resolution of the City Council, for the submission
of mobilehome space rent increase applications, and other requested
material, documentation, information and responses to staff
questions to comply with Section 5. 04 . 060 of this chapter.
"Consumer Price Index" means the percentage change in the
Consumer Price Index for the U. S. City Average, All Urban
Consumers, All Items, for the twelve (12) 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 30'-11 .
"Space rent occupancy change" means any time that a
mobilehome in a mobilehome park or the space occupied by such a
mobilehome is vacated voluntarily or as a result of an eviction
action or a resale of the mobilehome . No space rent occupancy
change shall be deemed to have occurred if an existing tenant
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removes an existing mobilehome from the space that tenant rents in
a mobilehome park, in order to replace that mobilehome with another
mobilehome, to be installed on the same space.
5, 52 . 040 Rent increase--Legality.
C. Effect on Space Rent Occupancy Change .
1 . Upon a space rent occupancy change that occurs on or
after November 6, 1992, that results from a mobilehome in a
mobilehome park being vacated voluntarily or involuntarily, leaving
the mobilehome in place upon the space, the mobilehome park owner
may increase the space rent in effect for that particular space at
the time of the change by an amount not to exceed the lesser of
five percent (5%) or the Consumer Price Index. Such an increase
shall not be applied more than once in a twelve (12) month period
and not more than two (2) times in any five (5) year period. Nor
shall such an increase constitute a space rent increase for the
purpose of determining when the last space rent increase became
effective under Section 5 . 52 . 050 (A) (2) or Section 5. 52 . 060 (A) (1 ) .
2 . Upon a space rent occupancy change that occurs on or
after July 1, 1998, that results from the complete removal of a
mobilehome coach from the space it formerly occupied in a
mobilehome park, that same space shall no longer be subject to the
provisions of this chapter, except Section 5. 52 . 120 .
5. 52 . 050 Standard space rent increase .
A. Basis for Determination. The procedures and fees
set forth in Section 5. 52 . 060 shall not apply to any proposed space
rent increase which does not exceed the greater of four percent
(4%) or the adjusted Consumer Price Index ("CPI") of the total
space rent of each affected mobilehome park space, provided that :
1 . The adjusted Consumer Price Index means the full CPI
above four percent (4) % up to and including seven percent (7%) and
two-thirds (2/s) of the CPI above the seven percent (7%) up to and
including eighteen percent (18%) for a maximum total increase of
fourteen point thirty-three percent (14 . 33%) .
5. 52 . 120 Notice to new tenants . Prior to, or at the
time of, agreeing to rent or lease a mobilehome park space to a new
tenant, the owner shall provide the new tenant with a copy of this
chapter, as currently in force, along with a summary of this
chapter' s key provisions and projections regarding the effect such
provisions may have on tenants . This summary shall be prepared and
provided by the City to mobilehome park owners for their
distribution to current and incoming new tenants . Within thirty
(30) days after receiving such summary from the City, the
mobilehome park owner shall provide a copy of same to all current
tenants, whether tenants are renting or leasing space .'
•
SECTION 2 . If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part of portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts of portions be
declared invalid or unconstitutional .
SECTION 3 . 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 of the
passage and adoption thereof in the records of the proceedings of
the city council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED AND ADOPTED this day of
Mayor of the City of Moorpark
ATTEST:
Deborah S. Traffenstedt
City Clerk
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