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HomeMy WebLinkAboutAGENDA REPORT 1985 0116 CC REG ITEM 08AALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tern THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer ivlOORPARK M E M O R A N D U M TO: The Honorable City Council FROM: Diane Eaton, Associate Planner DATE: City Council Meeting of January 16, 1985 SUBJECT: RENTAL MORATORIUM URGENCY ORDINANCE BACKGROUND: STEVEN KUE,4Y City Manag(- r CHERYL J. KANE City Attorne NIALL FRIT:'_ Director of community C)evelopment R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Since the December 19, 1984 City Council meeting, staff has continued to work with the Ventura County Housing Authority concerning the eligibility of tenants under Section 8 program who are living at Moorpark Villa Apartments. They have provided the following information to staff: 1) 3 families have applied 2) 3 families appear to qualify 3) 9 families are existing in Section 8 program and will continue. however, the time frame from application to certification is as follows: a) one bedroom - seniors 12 -18 months b) two bedroom - 4 -6 months c) three bedroom - 6 -8 months moreover, since our last meeting, staff has been informed that the current owner of the Moorpark Villa Apartments, not the pro- posed buyers, will be discussing this issue with the City. It is anticipated that a meeting will be conducted with them prior to the City Council meeting. However, even if the issue is re- solved--at that time, it could not be implemented by signed leases with the tenants prior to January 16, 1985. While staff is optimistic on obtaining an equitable resolution on this issue, 799 Moorpark. Avenue Moorpark, California 93021 :80!)!,,�)29.6 3.�,4 it is recommended that an Urgency Ordinance extending the moratorium for 120 days be adopted. RECOMMENDED ACTION: An Urgency Ordinance be adopted extending the rent moratorium for dwelling units in apartment buildings containing five or more units. ALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tern THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer MOORPARK January 11, 1985 Tenant Moorpark Villa Apartments East Los Angeles Avenue Dear Tenant: STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The City Council of the City of Moorpark will meet on January 16, 1985, at 7:00 p.m. in the Council Chambers at the City Hall, to consider the possible extension of a Rent Moratorium on the City. We have been informed by Opportunity Housing that they have placed on your door an application for HUD (Housing and Urban Development) Section 8 rental assistance obtained through the Ventura County Housing Authority. Furthermore, the Ventura County Housing Authority has informed the City of Moorpark that only three of the tenants not already participating in the pro- gram have applied. There is an estimated 4 -to -8 month waiting period for enrollment in the program. If you are interested in the Section 8 program, you may call the Housing Authority, at 529 -2126. For further questions regarding the rent moratorium or other issues on this matter, please do not hesitate to call me. Sincerely, DIANE EATON Associate Planner 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 ORDINANCE NO. 5 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING A MORATORIUM ON RENT INCREASES FOR DWELLING UNITS WITHIN APARTMENT BUILDINGS CON- TAINING FIVE OR MORE UNITS, AND DECLARING THE URGENCY THEREOF. WHEREAS, by Ordinance No. 31, adopted September 19, 1984, the City Council of the City of Moorpark imposed a moratorium of one hundred twenty (120) days after the adoption thereof; and WHEREAS, by Ordinance No. 34, adopted November 7, 1984, the definition of acceptable rent increases was approved; and WHEREAS, the City has been working diligently with land- lords and tenants to bring about voluntary restraint on rent increases; and WHEREAS, those negotiations are still on- going; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 31, as amended by Ordinance No. 34, shall be extended for one hundred twenty (120) days, and shall expire on May 17, 1985. SECTION 2. There exists in the City of Moorpark and the surrounding area a shortgage of dwelling units in apartments, which has resulted in a low vacancy rate and rapidly rising rents. Due to the foregoing, the City is attempting to bring about a reconciliation between landlords and tenants, which negotiations are still in progress, and if such negotiations do not result in a voluntary system of rent stabilization, the City shall pursue the review and consideration of a proposed ordinance which would regulate rents. In the meantime, if a temporary moratorium on rent increases is not immediately imposed, substantial rent increases could occur. Such increases would defeat the intent and purpose of the negotiations and any proposed ordinance and substantially impair their effective implementation. SECTION 3. This ordinance affects the public peace, health and safety and shall take effect immediately. PASSED, APPROVED AND ADOPTED, this 16th day of January, 1985, by not less than a four - fifths (4/5) vote of the City Council. Ag7 Y. •! . r r. E m . . 4 . G'c .aiy's Rra:7+3:: J: , L ^ J'. .. ATTEST: Mayor of the City of Moorpark, California City Clerk (SEAL) ALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tern THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer MOORPARK S M E M O R A N D U M TO: The Honorable City Council FROM: Diane Eaton, Associate Planner,�j DATE: City Council Meeting of December 19, 1984 SUBJECT: Rental Moratorium Urgency Ordinance PROPOSED ACTION: STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Direct Staff to continue discussion with owners and tenants of the Moorpark Villa Apartments, and report back to Council at the meeting of January 2, 1985. BACKGROUND INFORMATION: As the City Council is aware, an urgency ordinance of the City was adopted on September 19, 1984, which imposed a moratorium on rental increases for dwelling units within apartment buildings containing five or more units. The ordinance expires January 18, 1985, which is 120 days after adoption. Since the passage of this ordinance, Staff has met with representatives of proposed new owners of Moorpark Villa Apartments (47 unit apartment structure), the current Management Company, Opportunity Housing, Housing Authority of Ventura County, and tenants in the building. The purpose of the meetings was to gather information which would permit an equitable resolution of the proposed rent increases at this complex to avoid an extension of the moratorium or permanent enactment of rent control. The lease agreement discussed at the-time of the imposition of the rent moratorium was apparently one of the existing HUD Section 8 leases. We have been informed by Opportunity Housing that other leases are not in use. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -686 The Honorable City Council Council Meeting of December 19, 1984 Page 2 Moorpark Villa Apartment complex contains the following: Current FHA Range FHA Range Mid -Point Proposed Rents HUD Rent 47 units total 10 vacant units 10 existing HUD tenants 27 remaining, of which the mamagement firm, "Opportunity Housing ", indicated that 15 appear to qualify for HUD Section 8 Housing Assistance Payments 12 appear not to qualify for HUD. MOORPARK VILLA EXISTING RENTS AND PROPOSED INCREASES One Bedroom Two Bedrooms Three Bedrooms $215 - $386 $300.50 $255 - $424 $339.50 $305 - $459 $392.00 $475.00 $575.00 $625.00 $403.00 $473.00 $603.00 The Honorable City Council Council Meeting of December 19, 1984 Page 3 Staff contacted surrounding communities to compare rental rates of comparable units. The following data was obtained: CITY OF THOUSAND OAKS One 512 Bedroom - $595 Two $575 Bedrooms - $650 Three Bedrooms $725 - $805 nTTV nF OAMARILLO One Bedroom Two Bedrooms Three Bedrooms $450 $525 - $650 $700 - $750 CITY OF SIMI VALLEY One Bedroom Two Bedrooms Three Bedrooms $500 - $630 $550 - $710 $600 - $770 The owners' representatives have indicated their intention to permit the 10 existing HUD tenants to continue on the program and their willingness to accept all other existing tenants to enroll in the HUD Section 8 program for a minimum of one year if they qualify. Opportunity Housing has indicated they will be providing the tenants with an application for HUD Section 8 Rental Assistance prior to the December 19 Council Meeting. The Section 8 Housing Assistance Program is a Federally funded subsidy program, designed to make rental housing affordable. In Ventura County, it is administered through the Ventura County Housing Authority. The criteria used by the Housing Authority is regulated by HUD as follows: 1. Low Income Household - 50% of median income for standard metropolitan statistical area 2. The applicant must be: a) elderly (62 years of age or older) b) handicaped or disabled c) constitute a low income family minimum -- one adult and one child The Honorable City Council Council Meeting of December 19, 1984 Page 4 The family's (or person's)_ yearly gross income must not exceed the follows: Number in Family Income 1 $11,200 2 12,800 3 14,400 4 16,000 5 17,300 6 18,550 7 19,850 8 21,100 Eligible applicants, upon certification from HUD through the Housing Authority, will pay no more than 30% of their monthly income (rent plus utilities). HUD, under Section 8, will subsidize the balance between family contribution and HUD established "fair market rate ". The present tenants (according to Opportunity Housing) are on a month -to -month lease under Farmer's Home Administration. Although HUD leases are normally for a one -year period, they may be terminated by either party for "just cause ", or mutually terminated by owner and tenant within 30 days. There is one major problem, however, in the Section Housing Assistance Program. Although there is an immediate need for assistance, the waiting period, after verification and certification of applicant, is as follows: 1) 4 to 6 months - family 2) 9 months to 1 year - elderly and handicapped. Staff is presently continuing discussions with the proposed new owners and tenants to resolve this concern. y The major remaining area to be resolved is how much rent should be paid by the tenants eligible for HUD until they are actually enrolled in the Section 8 Rental Assistance Program. Staff will continue to work with the owners and tenants to reach an equitable resolution. Any resolution of this situation would be affected by signed leases between the tenants and the owners. If not resolved prior to January 16, 1985, the Council will need to consider an extension of the moratorium. DE: ddb Attachment: Information for Applicants for the Section 8 Program No 601 Daily Drive, Suite 300 Camarillo, California 93010 (805) 482 -2791 (805) 529 -2126 (805) 644 -8459 Information for Appl`i cants ,"I '4 :` i Secti or $ 'Prog Section 8 in grief: ROCHELLE S. STEPHENS HOUSING SERVICES SUPERVISOR Area Housing Authority of the County of Ventura 601 DAILY DRIVE SUITE 300 PHONE (905) - 791 (8005)1529- 26 (805) 644 -8459 CAMARILLO. CA 93010 The Section 8 Housing Assistance Payments Program is a federally- funded subsidy program designed to help make rental housing affordable. It,is set up under Title II of the Housing and Community Development Act of 1974. Eligibility Requirements Persons eligible for this program are: - Members very low- income families - Single persons who are at least 62 years old, or - Disabled, or Handicapped, or - Couples, one of whom is 62, disabled, or handicapped - Priority is given to residents who live or work in the area of the Area Housing Authority jurisdication. - The family (or person's) yearly gross income must not exceed the following: Number in Family Income 1 $11,200 2 12,800 3 14,400 4 16,000 Number in Family Income 5 $179300 6 18,550 7 19,850 8 219100 Gross income is total income from all sources including: Salaries and wages, interest and dividends, Social Security, Social Security Disability and Disability Payments, SSI, AFDC, Regular Pay, Special Pay, and Allowances of an Armed Forces member who is a house- hold head or spouse, Unemployment and Disability Compensation, Workmen's Compensation, Net Income from a business, profession, or rental of property. Assets of a family are also taken into consideration and affect the income amount in some cases. Assets included savings accounts, stock and bonds, other forms of capital investment, and equity in real property. Amount of Rent Paid: The amount of rent you will be required to pay is determined by your gross family income less an allowance for: - Each dependent family member (as defined by HUD Regulations) - Medical expenses for elderly, disabled, or handicapped families (if over 3% of your annual income) - Child care (as defined by HUD Regulations) 30% of "income after allowances" is what most Section 8 tenants pay for rent and utility allowances. The Housing Unit: In order to be subsidized on this Program, the housing unit (house, apartment, or mobile home) must be located within Fillmore, Ojai, Thousand Oaks, Simi Valley, Moorpark or Camarillo, or within the--unincorporated areas of the County (Somis, F1 Rio, and Saticoy,) The unit must pass an inspection by the Housing Authority and be in "decent, safe, and sanitary condition." The monthly rent, including utility allowances must be within the PStAhl i zhom HUD Fair Mnvrtin+ Dn.++ �..,.. "4-e t7n..4- l 4_4 4. •11 L. -! •� t� � I 1%%_ %, I.%..,a I, LiiIVL/1.1,J • 1.�..Ii i, i 1 1.a 1 1 1 1 Lie 111a%AE a� a 1 1 aU 1 e .o yUu a (. G "briefing session" that you will be required to attend to receive your Certificate of Family Participation. Veri fi cation It is the responsibility of the applicant to bring in and /or check that all necessary verifications are received by the Area Housing Authority when required. You will be noti- fied by mail of what verifications are necessary and the date all paperwork is due. Please call one of our offices to make certain that we have received all necessary infor- mation to process your eligibility. Ojai 646 -7333 (Mon. & Wed. 12 -2 P.M.) Thousand Oaks 496 -7864 (Mon., Wed. and Fri. 1:30 -4:30 P.M.) Fillmore 524 -0696 (Tues. & Thurs. 10:30- 12 :30) ORDINANCE NO. 34 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE NO. 31 RELATIVE TO THE MORATORIUM ON RENT INCREASES FOR DWELLING UNITS WITHIN APARTMENT BUILDINGS CONTAINING FIVE OR MORE UNITS, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The maximum rent permitted by Section 2 of Ordinance No. 31 may be exceeded if the rent is consistent with Farmers Home Administration, Housing and Urban Development or other federal, state or county rent assistance or subsidy program and the apartment in which the dwelling unit is located was enrolled in the assistance or subsidy program on September 19, 1984. SECTION 2. This ordinance affects the public peace, health and safety and shall take effect immediately. The facts constituting the urgency are as follows: There exists in the City of Moorpark and the surrounding area a shortage of dwelling units in apartments which has resulted in a low vacancy rate and rapidly rising rents. Due to the foregoing, the City is reviewing and considering a proposed ordinance which would regulate the rents charged for dwelling units in apartments and has adopted a temporary moratorium on rent increases. Under the existing moratorium certain dwelling units cannot be re- rented when they become vacant, because the units are subject to federal rent regula- tions that are not consistent with the rents permitted by the mora- torium. This ordinance will allow such dwelling units to be re- rented immediately, so that the shortage of dwelling units will not be increased. PASSED, APPROVED AND ADOPTED this 7th day of November, 1984, by not less than a four - fifths vote of the City Council. _11.01 P A OP . , . ". r F - , _. -, Ma • A of-Moorpark, Califoffiia ATTEST: STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) it nnRTs n_ BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 34 was adopted by the City Council of the City of Moorpark, as an urgency ordinance, at a regular meeting held on the 7th day of November 19 84 by the following roll call vote: AYES: Councilmembers Beaulieu, Harper, Prieto, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. Witness my hand and the official seal of said City this 7th day of November , 19 84 (SEAL) ORDINANCE NO. 31 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, IMPOSING A MORATORIUM ON RENT INCREASES FOR DWELLING UNITS WITHIN APARTMENT BUILDINGS CONTAINING FIVE OR MORE UNITS, AND DECLARING THE URGENCY THEREOF. HE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions For the purposes of this ordinance, the following words, terms and phases shall be construed as defined in this section. (a) "Apartment" shall mean a building under a single ownership consisting of five (5) or more dwelling units. (b) "Dwelling unit ", as defined in Article 47 of the Moorpark Zoning Ordinance, shall mean within an apartment. (c) "Owner" shall mean the owner or operator of the apartment or an agent or representative authorized to act on said owner's or operator's behalf in connection with the main- tenance or operation of such apartment. (d) "Rent" shall mean the consideration paid for the use or occupancy of a dwelling unit. (e) "Tenancy" shall mean the right of a tenant to use or occupy a dwelling unit. (f) "Tenant" shall mean a person who has a tenancy in an apartment. SECTION 2. Rent Increase Moratorium Beginning on the effective date of this ordinance, an owner shall not demand, accept, or retain rent for a dwelling unit exceeding the rent in effect for said unit on September 19, 1984. If a previously rented dwelling unit was not rented on September 19, 1984, the owner shall not demand, accept, or retain rent for said unit exceeding the rent in effect during the last nonth the unit was rented prior to September 19, 1984. If a dwelling unit is rented for the first time after September 19, 1984, the owner shall not demand, accept, or retain rent for said unit exceeding the rent first charged for the unit. -1- SECTION 3. Refusal of Tenant to Pay Illegal Rent. (a) A tenant may refuse to pay any rent in excess of the maximum rent permitted by this ordinance. The fact that such unpaid rent is in excess of the permitted maximum rent shall be a defense in any action brought to recover possession of a dwelling unit or to collect the illegal rent. (b) No tenant shall be evicted or have tenancy terminated as a result of said tenant's refusal to pay any rent in excess of the maximum rent permitted by this ordinance. (c) No owner shall terminate any tenancy in existence on September 19, 1984, except on the ground that the tenant has violated the tenancy in existence as of that date. Any action by an owner to terminate such tenancy for any reason other than failure to pay rent in an amount permitted by this ordinance shall be presumed to be retaliatory. SECTION 4. Remedies. (a) Any person who demands, accepts or retains any payment of rent in violation of this ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which could be lawfully demanded, accepted, or retained,together with reasonable attorney's fees and costs as determined by the court. (b) Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a fine of not more than FIVE HUNDRED DOLLARS ($500.00) or by imprisonment for a period of time not exceeding six months, or by both. Each violation of any provision of this ordinance, and each day during which any such violation is committed or con- tinued shall constitute a separate offense. SECTION 5. Expiration of Moratorium This ordinance shall expire and terminate one hundred twenty (120) days after the date of adoption hereof. SECTION 6. There exists in the City of Moorpark and the surrounding area a shortage of dwelling units in apartments which has resulted in a low vacancy rate and rapidly rising rents. Due to the foregoing, the City is( reviewing and considering a pro- posed ordinance which would regulate the rents charged for dwelling units in apartments. jIn the meantime, if a temporary moratorium on rent increases is not immediately imposed, substantial rent increases ar ' —e4y to occur. Such increases would defeat the -2- intent and purpose of the proposed ordinance and substantially impair �s effective implementation. io�z^` This ordinance affects the public peace, health and safety and shall take effect immediately. PASSED, APPROVED AND ADOPTED this 19th day of September, 1984, by not less than a four - fifths (4/5) vote of the City Council ATTEST: i City Clerk (SEAL) " 1 -9 ..00 0 3F pe ,. � Wj 0 Fowl! . I low- _; r. W., al M a y K"'C�fl fir v California -3- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS: CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 31 was regularly introduced and placed upon its first reading at a regular meeting of the City Council held on the 191-}, day of September , 19 84 that thereafter said Ordinance was duly adopted and passed at said --- - - - - -- regular meeting of the City Council on the 19th day of September 19 84 , by the following vote, to wit: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. witness my hand and the official seal of said City this 19th day of September , 19 84 . co CITY C (SEAL) - A � Jy�/ MOORPARK ALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tern THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer TO: Steven Kueny FROM: Bonnie Natalie M E M O R A N D U M DATE: January 10, 1985 SUBJECT: Staff Support for Councilmembers STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police In response to the question asked at the Council meeting of December 19, 1984, re whether staff support should be given to a councilmember working in his /her home, the following information is provided. Camari 11 n Support is given on an individual basis as long as it is City - related business. Postage is also paid for by City. The staff support comes primarily from the Administrative Secretary to the City Manager; however, the City Clerk also gives support depending on the nature of the work and the workload. Fillmore Support is given on an individual basis as long as it is City - related business. Postage is also paid for by City. The staff support given comes strictly from the City Clerk. Santa Paula Support is given on an individual basis as long as it benefits the City and is for the good of the City. It must also be City - related. Postage is also paid for by City. The staff support given depends on the nature of the business; however, usually the Secretary to the City Administrator is the person responsible. Simi valley Support is given on an individual basis as long as it is City - related business. Phone privileges are also given via a credit card; postage is paid for by City. The City Manager's Secretary is the person who usually gives staff support. 79q Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Steven Kueny January 10, 1985 Thousand Oaks Page 2 Staff Support Once again support is given on an individual basis as long as it is City - related business. Postage is paid for by City. Staff support is given depending on the nature of the business. The staff responds in lieu of the City Council; however, the Mayor signs the letters and the Councilmenber generating the business reviews the letters for content. Hope you can make sense out of this.