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Home My WebLink AboutAGENDA REPORT 1992 0916 CC REG ITEM 12BTEM MOORPAR 799 Moorpark Avenue Moorpark, California 93021 cityCc� of 4 of 199 Z M E M O R A N D U M /a op 1� TO: The Honorable City Council _ `' 1 FROM: William Phelps, Director of Community Development -q-1pv DATE: September 11, 1992 (CC meeting of 9/16/92) W P SUBJECT: VILLA DEL ARROYO HOMEOWNERS ASSOCIATION REQUEST FOR DISCUSSION OF VACANCY CONTROL ON MOBILE HOMES Background This item was presented to the City Council on August 19, 1992, under the Action /Discussion portion of the agenda (Item ll.F. Villa Del Arroyo Homeowners Association Request for Discussion of Vacancy Control on Mobile Homes). At that meeting staff provided the Council with information on the City's current Mobile Home Rent Control Ordinance and how it related to vacancy control on mobile homes. The Council then received public testimony from a Villa Del Arroyo Homeowners Association representative and several mobile home park tenants who expressed their concerns that the City's mobile home rent control ordinance did not control rent increases at the time of a change in ownership of a mobile home unit. During public testimony, Supreme Court cases "Hall" and "Yee" were referenced and clarified by the City Attorney. The Council after considerable discussion and by a unanimous voice vote directed the Community Development Committee to meet with the Villa Del Arroyo Homeowners Association representatives, and with the property owner and managers of the Villa Del Arroyo Mobile Home park (as long as a meeting could be arranged without delaying the process). Staff was directed to prepare a revised ordinance which would be provided to the City Council on September 16, 1992. On August 25, 1992, the Community Development Committee did meet with the Homeowners Association representatives and later on September 8, 1992, the Committee met with the Villa Del Arroyo park owners. At the September 8, 1992 meeting the Committee directed staff to research real estate information pertaining to mobile home sales in the Villa Del Arroyo mobile home park and then to schedule another meeting of the Community Development Committee to review both the real estate information and the City Attorney's draft ordinance. The Committee's next regular meeting is on September 21, 1992. Staff is unsure whether the real estate information can be made available by that date. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper The Honorable City Council September 11, 1992 Page 2 To comply with the City Council's direction at the meeting, staff will provide the Council with the City draft ordinance prior to the September 16 meeting (will under separate cover). Recommendation Direct staff as deemed appropriate. August 19 Attorney's be provided MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 M E M O R A N D U M TO: The Honorable City Council FROM: Dot Vandaveer, Deputy City Clerk DATE: September 11, 1992 SUBJECT: Item 12.B. of Agenda Packet for 9/16/92 Meeting Attached is a draft ordinance Reinstituting Mobilehome Vacancy Control as prepared by the City Attorney. This is being provided as supplemental information to the staff report in your packets. cc: Steven Kueny, City Manager PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TAL LEY JR Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper 09i�1i92 10.58 0213 236 2700 BUS LA . ». MOORPARK GENERAL X1002 LAw Orrlcrs BU$xR, WILLIAMS & SORBNS.HN vCNTURA COUNTY grrICE 611 WEST SIXTH 2TM1616 f, SUITE 2500 GUNK[, WILLIAMS. SORENSSN v OAAR 9310 PONPNNUlA UNIVL U09 ANGELES, CAL.IrONNIA 90017 LIONTON PLAAA NUITC 1 7300 GOLLCOC ■OULCVARO CAMARILLO. VALII OnNIA 03016 ii171 Mae 0600 evil" $90 10"I VOY -4466 UVLNLANU PARK, K^N#AN NO[IO 10131 aa•'Gi00 TCLCOOPICN. INILII US•1700 OR ^"5C COUNTY OrrlcL WRITER'! DIRECT DIAL s000 AMIATOL ATRECT .UIIL NAV 213 - 236 -2721 COOT ^. /COA, CALIroRN1A VAN-d• I, IAI "s - 07.359-001 DsOG OUR rILC NO, September 11, 1992 BY PAX AND MAID Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: ordinance Reinstituting Mobilehome Vacancy Control pear stave: Please find enclosed the above- described ordinance. The vacancy control implementation date of November 6, 1992 stated in subsection C to Moorpark Municipal Code section 5.52.040 (Ord. S 1) assumes that the ordinance will be adopted at the regular city Council meeting on October 6th and thus effective November 6th. If that does not happen, then the 'November 6, 1992" date in subsection C will have to be revised to a later date. I also call your attention to the fact that the rent stabilization ordinance presently sunsets on July 31, 1993 (S 5.52.170) and that councilmanic review of the ordinance's effectiveness is required by May 1, 1993 (S 5.52.180). CJK:hck 209.1 Very truly yours, CHERYL J. KANE CITY ATTORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN 09/11/92 10:59 0213 236 2700 BW &S LA » »» MOORPARK GENERAL X1003 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING SUBSECTION C OF SECTION 5.52.040 RELATIVE TO VACANCY RENT CONTROL IN MOBILEHOME PARKS WHEREAS, prior to January 3, 19901 the City of Moorpark had adopted a comprehensive scheme of mobilehome park rent stabilization which included vacancy control; and WHEREAS, on January 3, 1990, the City of Moorpark repealed vacancy control by amending Section 5.04.0400 of the Moorpark Municipal Code, now recodified as Section 5.52.044C, pursuant to Ordinance No. 119 (the "Amendment "); and WHEREAS, Ordinance No. 119 was adopted pursuant to a Stipulation for Settlement Agreement and General Release dated December 12, 1989 between the City of Moorpark and villa del Arroyo, Ltd. (the "Stipulation "); and WHEREAS, the Stipulation provided that the City of Moorpark had to retain the Amendment in effect unless Hall v. Santa Barbara, 833 F.2d 1270 (9th Cir. 1986), be expressly overruled; and WHEREAS, on April 2, 1992, the U.S. overruled the Hall case in its decision Qity ot Escondido, 118 L. Ed. 153; Supreme Court expressly in the case of Yee v Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SE ION 1. The Moorpark Municipal Code is hereby amended by revising subsection C of section 5.52.040 to read as follows: "C. Effect on Space Rent Occupancy Change. Upon a space rent occupancy change that occurs on or after November 6, 1992, the mobile home 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)." 2Wn.1 09/11/92 11:00 12213 236 2700 BW &S LA ..... MOORPARK GENERAL X1004 -- SECTYON-2. Zf 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. 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, 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 , 1992. Mayor of the City of Moorpark, California 24917.1 -2-