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HomeMy WebLinkAboutRES 1991 239 0520NO. PC -91 -239 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO ALLOW MINOR TECHNICAL REVISIONS TO CHAPTER 5.52 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE AND ADOPT A RESOLUTION REVISING ADMINISTRATIVE RULES GOVERNING MOBILE HOME PARK RENT INCREASE APPLICATIONS AND SUPPORTING DOCUMENTS OR EVIDENCE SUBMITTED TO THE MOBILE HOME RENT REVIEW BOARD WHEREAS, minor technical revisions are needed to Section 5.52.060 of Chapter 5.52 of Title 5 of the Moorpark Municipal Code to eliminate ambiguous language; and WHEREAS, existing administrative requirements pertaining to mobile home park rent increase applications and amortization of Capital Improvements and Rehabilitation Work need to be revised to be consistent with Chapter 5.52 of Title 5 of the Moorpark Municipal Code; and WHEREAS, Resolution No. 85 -231 previously established such administrative requirements pertaining to rent increase applications and amortization of Capital Improvements and Rehabilitation Work pursuant to the Moorpark Municipal Code; and WHEREAS, at its meeting of May 7, 1991, the Planning Commission held a public hearing to review proposed amendments to Chapter 5.52 of Title 5 of the Municipal Code and then reached its decision on the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council adopt the attached draft ordinance (Exhibit A), amending Chapter 5.52 of Title 5 of the Municipal Code. SECTION 2. That the City Council rescind Resolution No. 85 -231, and adopt the attached draft resolution (Exhibit B) updating administrative requirements pertaining to mobile home park rent increase applications and amortization of capital improvements and rehabilitation work. PASSED, APPROVED, AND ADOPTED this 20th day of May, 1991. Resolution No. PC -91 -239 Page 2 Chairman presiding: ATTEST: 2-4L Celia LaFleu , Secretary Attachments: Exhibit A: Draft Ordinance Exhibit B: Draft City Council Resolution STATE OF CALIFORNIA ) ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on by the following vote: Ayes: Torres, Brodsky, Miller, Wesner; Noes: None; Absent: Vacancy (one) ATTEST.- �z L� Celia LaFleur, Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING CHAPTER 5.52 OF TITLE 5 RELATIVE TO MOBILE HOME PARK RENTS FOLLOWS: THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS SECTION 1. The Moorpark Municipal Code is here by amended by revising the title and subsection A(2) of Section 5.52.040 to read as follows: 1. The proposed space rent increase is to become effective no sooner than one (1) year from the date of the last increase became effective at the particular mobilehome park. 2. a. uperation ana maintenance. -- ..,._The "*porfion " "of the space rent attributable to the cost of operation and maintenance. This component 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 mobilehome 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 effective date of the charge. The board shall determine the amount to be deducted from the space rent as a result of such separate charges or billing. Thereafter, such charges or billings shall not be a part of space rent. b. Remainder. The remainder of the space rent. This component may be increased by not more than the Consumer Price Index. In no event, however, shall the increase exceed five percent (5 %). Supporting documentation shall be filed to justify the requested increase." 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 or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. EX I-11 lo —�— SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. 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 News - Mirror, a weekly newspaper of general circulation for the City of Moorpark, as defined in Section 600£1 of the Government Code, and which is hereby designated for that purpose. PASSED AND ADOPTED THIS DAY OF , 1991. Mayor of the City of Moorpark ATTEST: Lillian E. Kellerman, City Clerk RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING ADMINISTRATIVE RULES GOVERNING RENT INCREASE APPLICATIONS AND SUPPORTING DOCUMENTS OR EVIDENCE SUBMITTED TO THE MOBILE HOME RENT REVIEW BOARD FOR RENT INCREASES UNDER CHAPTER 5.52 OF TITLE 5 OF THE MOORPARK MUNICIPAL CODE WHEREAS, Chapter 5.52 of Title 5 of the Moorpark Municipal Code contains requirements for mobile home park rent regulation in the City of Moorpark; and WHEREAS, existing administrative requirements pertaining to rent increase applications and amortization of Capital Improvements and Rehabilitation Work need to be revised to be consistent with the latest revisions to Chapter 5.52 of Title 5 of the Moorpark Municipal Code; and WHEREAS, Resolution No. 85 -231 previously established such administrative requirements pertaining to rent increase application and amortization of Capital Improvements and Rehabilitation Work pursuant to the Moorpark Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 85 -231 is hereby rescinded, and the following requirements are established in order to enable the Mobile Home Park Rent Review Board and City Staff to more efficiently review requests by mobile home park owners (hereinafter referred to as "owner" or "landlord ") for rent increases. I. DOCUMENTATION AND EVIDENCE All applications and attached supporting documents will become public records. Documents and records submitted to the Board must be legible, reproducible, organized, and presented in a manner appropriate and acceptable by reasonable accounting standards. The application and materials attached to the application must be certified by the applicant as accurate and computed in the same manner as books and records kept for income tax purposes. The application and materials will not be returned to the owner. The owner must, upon request by the Board, staff, or review accountant, show the original document from which any photocopy was made and all documents, papers, or written memoranda which support or are evidence of claimed expenses of any nature. In those instances where the owner or owners' relatives performed management services or labor being claimed as operating and maintenance costs, or claim reimbursement for operating and maintenance costs or expenses, a record of the date, time, and nature of the service, labor or expenditure must be kept and submitted with the application. Services, labor or expenditures by the owner or owners' relatives must be identified as such in the application or supporting documents. Failure to submit such records may result in the requested cost of expense being disallowed. The Board may request evidence of any individual's background, knowledge, training, or experience qualifying such individual to perform management services or labor as claimed in the application or supporting documents. 2. INVALID APPLICATIONS In the event that an application lacks the required documents, lacks required information, or there are errors in the mathematical computations showing the individual rent increases, the application may be returned to the landlord with an explanation as to why the application cannot be accepted, or the case may be suspended for a 30 -day period, commencing upon the date of mailing the notification to the landlord of the additional documentation and /or information needed. If, at the end of this 30 -day period, the requested information has not been supplied, the time periods stated in Chapter 5.52 of Title 5 of the Moorpark Municipal Code will continue to run, and a hearing will be scheduled. If an application is returned by the City because of an error or missing documents, the landlord may resubmit the application within the 30 -day suspension period without an additional filing fee, after correcting the error or attaching the necessary documents. 3. FORMS The forms contained in the following exhibits, which are attached hereto and made a part hereof, shall be used as applicable pursuant to the instructions contained in Section I.4, hereinafter set forth. EXHIBIT A - NOTICE OF REQUEST FOR RENT INCREASE EXHIBIT B - PROOF OF SERVICE EXHIBIT C - RENT SCHEDULE FORM PART I - MOBILE HOME PARR DESCRIPTION PART II - DETERMINATION OF OPERATION AND MAINTENANCE COSTS PART III - DETERMINATION OF INCREASE IN REMAINDER OF RENT PART IV - PROPOSED NEW SPACE RENT PART V - ITEMIZATION PART VI - LEASED PARK SPACES PART VII - SUPPORTING DOCUMENTATION PART VIII - SUMMARY OF EXISTING AND PROPOSED RENTS FOR EACH SPACE PART IX - CERTIFICATION EXHIBIT D - AMORTIZATION SCHEDULE PART I - DESCRIPTION AND JUSTIFICATION THAT THE IMPROVEMENT OR WORK IS CONSISTENT WITH THE DEFINITION OF EITHER A CAPITAL IMPROVEMENT OR REHABILITATION WORK PART II - TOTAL COST PART III - JUSTIFICATION FOR THE PERIOD OF AMORTIZATION PART IV - DESCRIPTION OF FINANCING PART V - MONTHLY BASIS EXHIBIT E - CITIZENS COMPLAINT The forms contained in attached Exhibit E - CITIZEN'S COMPLAINT, shall be used for citizen's complaints relative to possible violations of Chapter 5.52, Title 5 of the Moorpark Municipal Code. 4. INSTRUCTIONS The applicant for a space rent increase shall submit to the Board ten (10) copies of each of the forms listed under each of the following sections of Chapter 5.52 of Title 5 of the Moorpark Municipal Code: Section 5.52.050 - Standard Snace Rent Increase A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - PARTS 1, VI, VII, VIII, AND IX Section 5.52.060 - Determination of Allowable Operation and Maintenance Increases A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C - RENT SCHEDULE FORM - all parts Section 5.52.070 - Discretionary Space Rent Increases A - NOTICE OF REQUEST FOR RENT INCREASE B - PROOF OF SERVICE C Se A B D - RENT SCHEDULE FORM - all parts :tion 5.52.080 Amortization c :)rovements and Rehabilitation Work - NOTICE OF REQUEST FOR RENT INCREASE - PROOF OF SERVICE - AMORTIZATION SCHEDULE - all parts 5. SUPPORTING DOCUMENTATION The supporting documentation referred to in Subsection A(2)(b) of Section 5.52.060 (Remainder component), and Subsection A(2) of Section 5.52.070 (Discretionary Space Rent Increases) of Chapter 5.52, Title 5 of the Moorpark Municipal Code, to be provided by the owner, must demonstrate that as a result of one or more factors, the requested increase is justified. Such factors may include, but not be limited to: (1) Increases in debt service as a result of variable interest rate mortgage. (2) Comparable rents charged in similarly situated parks. (3) Casualty losses not covered by insurance. (4) Extraordinary legal fees related to the mobile home park, but unrelated to rent control, tenant relations, or processing costs pursuant to this said Chapter 5.52. (5) The presence or absence and frequency of past rent increases. (6) Changes in the physical condition of the park and /or services, privileges and benefits available to the tenants. (7) Efficiency and productivity in the operation and maintenance of the park. (8) Changes in the Consumer Price Index. (9) Other financial information which the owner desires to submit. SECTION II. This resolution shall take effect immediately. SECTION III. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of May, 1991. Mayor of the City of Moorpark, California ATTEST: City Clerk EXHIBIT `A' NOTICE OF REQUEST FOR RENT INCREASE DATE: TO: (Mobile Home owner) (Space No.) FROM: (Park Owner or Representative) Pursuant to Section 798.30 of the California Civil Code, and the City of Moorpark's Mobile Home Park Rent Regulation Ordinance, Chapter 5.52 of Title 5 of the Moorpark Municipal Code), notice is hereby given that the rent for Space No. will be increased from $ to $ per month, effective , 19 o , upon approval of this Request by the City of Moorpark. Date o— f last - increase was The Owners of Mobile Home Park are filing a rent increase application with the City of Moorpark for approval of a rent increase consistent with one of the following Municipal Code provisions: (_) Section 5.52.050 - Standard Space Rent Increase A non - discretionary apace rent increase which does not exceed the greater of 4 percent or the adjusted Consumer Price Index ( ^CPI") of the total space rent of each affected mobile home park space, provided that the adjusted CPI means the full CPI above 4 percent up to and including 7 percent and two - thirds of the CPI above the 7 percent up to and including 18 percent for a maximum total increase of 14.33 percent. (_) Section 5.52.060 - Allowable Operation and Maintenance and Remainder Increases A formal public hearing before the Mobile Home Rent Review Board will be held on the requested increase no later than 45 days after receipt of this notice. (_) Section 5.52.070 - Discretionary Space Rent Increase A formal public hearing will be held before the Mobile Home Rent Review Board on the requested increase no later than 45 days after receipt of this notice. The same procedures as set forth in Subsection B (1), (2), (3), and (4) of Section 5.52.060 shall be applicable. It shall be the responsibility of the owner to provide sufficient documentation to justify the requested increase. (_) Section 5.52.080 - Amortization of Capital Improvements and Rehabilitation Work A formal public hearing before the Mobile Home Rent Review Board will be held on the requested increase no later than 45 days after receipt of this notice. The same procedures set forth in subsection B (1), (2), (3), and (4) of Section 5.52.060 shall be applicable, except that the owner shall file an Amortization Schedule, showing that the improvement or work satisfies the definition of either a Capital Improvement or Rehabilitation Work pursuant to Chapter 5.52 of Title 5 of the Moorpark Municipal Code, and also showing the total cost of the item(s) and the amortization of the cost on a monthly basis for each affected space. For each of the foregoing rent increase provisions, this notice must be filed, personally or by mail, with each affected tenant not less than 75 days prior to the effective date of any proposed rent increase. A copy of the Rent Schedule Forms and supporting documentation is available to any affected tenant free of charge upon request: at the Mobile Home Park Owner's office, at If you have any concerns regarding the proposed rent increase, or to learn to location, date and time of the Mobile Home Rent Review Board hearing (if required), you may contact the City of Moorpark, Department of Community Development, at (805) 529 -6864. ESHIBIT 'B' PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF VENTURA I AM OF STATE RELATIONSHIP NAME OF MOBILE HOME PARR MY BUSINESS /RESIDENCE ADDRESS IS On the dates indicated below, I served the Notice of Request for Rent Increase upon each affected tenant of the above named mobile home park by either personally delivering such notice to such tenants, or by placing a true copy thereof enclosed in a sealed envelope with Postage thereon fully prepaid, in the United States mail, as hereinafter described. Tenant's Name Address Method and Date of Service (Each resident must be served and listed separately) I declare under penalty of perjury that the foregoing is true and correct. Executed on at Date Place Signature Print Name EBBIBIT "Cu RENT SCHEDULE FORM EXHIBIT "C" - RENT SCHEDULE FORM - Part IX CERTIFICATION The information supplied in this application is computed in the same manner that the books and records of the mobile home park are kept for income tax purposes; said information is taken from the books and records of the mobile home park, and there have been no changes in the accounting used for accounting years reported herein. The effective date of the last previous rent increase at the mobile home park was I hereby certify under penalty of perjury that the foregoing statements are true and accurate to the beat of my knowledge and belief. Signature Printed Name Title Date Location of Records EXHIBIT 'D" SCHEDULE Part I Description and justification that the improvement or work is consistent with the definition of either a capital improvement or rehabilitation work. Part II Total Cost Part III Justification for the period of amortization. Part IV Description of financing (interest rate, term, etc.) NOTE: ATTACH ADDITIONAL SHEETS FOR EACH PART AS NEEDED. EXHIBIT "D" (Continued) AUTHORIZATION SCHEDULE Part V - Cost for each space on a monthly basis. Total Cost of $ Divided by Spaces, Divided by Months Equals $ Per Space Per Month Space No. Cost per Month No. of Months of Total Cost Amortization Per Space ATTACH ADDITIONAL SHEETS AS NEEDED. EXHIBIT "C" _ RENT SCHEDULE FORM - Part I MOBILE HOME PARK DESCRIPTION A. PARK: B. Aw D. NAME ADDRESS PARK DESCRIPTION: NO. OF SPACES DATE OPENED DATE ACQUIRED BY PRESENT OWNER MANAGER: NAME ADDRESS TELEPHONE OWNER: NAME ADDRESS TELEPHONE E. CONTACT PERSON: (If different from above.) NAME ADDRESS TELEPHONE EXHIBIT "C" - RENT SCHEDULE FORM - Part II Page_ 1 of 2 1 � Determi.. _.pion of Operation and Maintenance Costs - The int. .c of Part II is to determine the increase in ope. .ion and maintenance costs in the preceding 24 months. It is not a projection of anticipated or future increases. For example, if the application is for a rent increase to be effective April 1, 1984, then Part A would represent the 1983 calendar year, and Part B would be the 1982 calendar year. The twelve month period may begin with any month, but must be consistent from Section A to Section B. A. COST DURING PRECEDING 12 MONTHS: TO MONTH YEAR MONTH YEAR OPERATION & MAINTENANCE QUARTER QUARTER QUARTER QUARTER TOTAL 1. UTILITIES - Water Natural Gas 2. REFUSE REMOVAL 3. MAINTENANCE PAINTING 4. LANDSCAPING 6. REPLACEMENT 7. LAUNDRY FACILITIES 8. RECREATIONAL FACILITIES 9. ADMINISTRATION 11. SECURITY SERVICES 15. OTHER GOVERNMENT ASSESSMENTS 20.TOTAL PER SPACE (DIVIDED BY SPACES) 21. TOTAL PER SPACE PER MONTH (DIVIDED BY 12) *Itemize in Part V * *O & M = Operation & Maintenance EXHIBIT "C" - RENT SCHEDULE FORM - Part II ( Continued) ll B. COS. DURING 12 MONTH PERIOD PRECEDING THAT COVERED IN B. .r II: TO MONTH YEAR MONTH YEAR OPERATION & MAINTENANCE QUARTER QUARTER QUARTER QUARTER TOTAL Water 3. MAINTENANCE PAINTING 7. LAUNDRY FACILITIES S. RECREATIONAL FACILITIES 9. ADMINISTRATION 10. PARKING 11. SECURITY SERVICES 12. EMPLOYEE SERVICES 14. PROPERTY TAXES 15. OTHER GOVERNMENT ASSESSMENTS 18. LESS OTHER INCOME 20.T0TAL PER SPACE (DIVIDED BY SPACES) 21.T0TAL PER SPACE PER MONTH (DIVIDED BY 12) *Itemize n Part V * *O & M = Operation & Maintenance Increase in 0 & M Costs (Subtract line 21 Part B from line 21 Part A ) Page 2 of 2 EXHIBIT "C" Ri_.i 11 SCHEDULE FORM - Part III Determination of Increase in Remainder of Rent - This part calculates the "remainder," component which is that portion of the space rent not attributed to operation and maintenance costs. Attach supporting documentation to justify the requested increase and label it "Part "VII ". A. List the categories of mobile home lots (for example, corner lot, view lot, etc.) for which different rents are charged. B. List the current monthly space rents. C. List the current monthly operation and maintenance costs from Part II -A, line 21. D. Multiply "D" by the proposed percentage increase and list the percentage of increase in "B" & "E ". A. TYPE OF LOT B. CURRENT SPACE C. O &M D. REMAINDER E._% INCREASE RENT, BY TYPE COSTS OF LOT 1. 2. 3. 4. 5. EXx4;1BIT "C" R SCHEDULE FORM - Part IV PROPOSED NEW SPACE RENT A. List current space rents, by category (same as Part III -B). B. List the operation an maintenance costs increase calculated in Part II -A. C. List the proposed amount of increase in the remainder, from Part III -E/ D. Determine the proposed new space rent by adding A, B, and C. E. List the number of lots in each category. F. Determine the proposed total rental income by multiplying "D" times "E". A. CURRENT RENT B. OPERATION & C. REMAINDER D. NEW SPACE E. NUMBER OF LOTS F. TOTAL BY TYPE OF MAINTENANCE INCREASE RENT BY TYPE LOT 1. 2. 3. 4. S. )RENT "C" )RENT SCHEDULE FORM - Part V ITEMIZATION Itemize any operation and maintenance costs listed on Line 16 of Part II, Sections "A" and /or "B ". OPERATION & 1. 2. 3. 4. 5. QUARTER QUARTER QUARTER QUARTER TOTAL EXHIBIT "C" RENT SCHEDULE FORM - Part VI Leased park spaces (more than month -to -month tenancy). SPACE /LOT NO. LEASE AMOUNT LEASE EXPIRES 1. 2. 3. 4. 5. 6. EXHIBIT "C" RENT SCHEDULE FORM - Part VIII Summary of Existing and Proposed Rents for Each Space Space No. Existing Rent Proposed Rent % Increase EXHIBIT "C" RENT SCHEDULE FORM - Part VII Supporting Documentation (attach additional sheets as necessary). EXHIBIT "E' CITIZEN'S COMPLAINT Possible Violation of Mobile Home Park Rent Increase Section 5.52. 4 (A) o Chapter 5.5 o T tle 5 o the Moorpark Municipal Code states: "On and after the effective date of this Chapter, it shall be unlawful for any owner to (i) ,— ncrease any space rent, and no increase in space rent shall be effective, unless the icrease is made in compliance with the provisions of this Chapter, or (II) fail to comply with any provision of this Chapter." If you believe there has been a violation of said Chapter, please fill out this complaint form completely and return to Community Development Department, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. LOCATION OF COMPLAINT Name of Mobile Home Park: Address: NATURE OF COMPLAINT Space Rent as of $ per month (date of complaint Date of Notice of Rent Increase: Was notice oral? or written? _ (If written, include copy) What is new space rent? per month. What is effective date of the increase? Is there other correspondence related to the rent increase? (If written, include copiesl MOBILE HOME PARR OWNERS /MANAGERS (if known) une of Park Manager: Address of Manager: Telephone No.: Name of Park Owner: Address of Owner: Telephone No.: MOBILE HOME RENTERS' ASSOCIATION (if known) Name of Association: Address: Telephone No.: Name of Association President or Chair: Address: Telephone No.: NAME OF PERSON SUBMITTING THIS INFORMATION Name: Do you own your mobile home? yes no Address: Telephone No.: ­ARE YOU WILLING TO TESTIFY SHOULD LEGAL ACTION RESULT? yes no Date: Signature of person submitting information. TO FILE On May 21, 1991, Paul Porter was in contact with Bill Haydon from Ventura County Flood Control District regarding approval to use Flood Control Property as permanent parking. Mr. Haydon told me that I should document in the file that Flood Control as a matter of practice any permit for a property right to use their property by an applicant for parking would be revokable in nature. He also stated that the City should understand that the ability to park on the property could be revoked at any time.