Loading...
HomeMy WebLinkAboutAGENDA REPORT 1992 1007 CC REG ITEM 12AITEM MOORPARK 799 Moorpark Avenue Moorpark, California 93021 M E M O R A N D U M TO: The Honorable City Council FROM: Richard Hare, Deputy City Manage Prepared by Deborah S. Traffenste C.1y Council Meetn3 iv i99-a, ACTION: By 1 %- Senior Planner -"DST— DATE: October 2, 1992 (CC Meeting of 10 -7 -92) SUBJECT: AN ORDINANCE AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING SUBSECTION C OF SECTION 5.52.040 RELATIVE TO VACANCY RENT CONTROL IN MOBILEHOME PARKS Background At the City Council's meeting of September 16, 1992, Ordinance No. 153 was introduced for first reading to amend Subsection C of Section 5.52.040 of the Moorpark Municipal Code relative to vacancy rent control in mobilehome parks. The Council directed staff to schedule second reading for October 7, 1992. Discussion At the City Council's meetings of August 19 and September 16, 1992, the Council received verbal testimony and referenced receipt of written testimony from Villa del Arroyo Mobilehome Park residents pertaining to the issue of rent control at the time of sale of a mobilehome (i.e., vacancy control). Subsequent to the Council's September 16, 1992, meeting, correspondence has been received, and provided to the Council under separate cover, from the Villa del Arroyo Mobilehome Park property management company and from the law firm representing the park owner (letters dated September 24, 1992, from Bessire and Casenhiser and dated September 30, 1992, from Hart, King, and Coldren). Based upon written and oral testimony at the City Council's meetings of August 19 and September 16, 1992, and written information submitted since that time, there is evidence to suggest that: Based upon available data, rents in the Villa del Arroyo Mobilehome Park have increased by an average of approximately 14.65 percent at the time of sale of mobilehome units; New tenants have felt compelled to sign five -year -leases which remove them from the protection of the City's Mobilehome Park Rent Stabilization Ordinance; and 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 Parser The Honorable City Council October 2, 1992 Page 2 There have been four foreclosures in Villa del Arroyo since vacancy decontrol in March 1990. The resale statistics provided in the Bessire and Casenhiser correspondence dated September 24, 1992, have not refuted the substantial increases in rent at the time of sale of the mobile home units in Villa del Arroyo Mobile Home Park since March 1, 1990. The draft ordinance which has been introduced for first reading does allow the park owner to increase rents by an amount not to exceed the lesser of five percent (5 %) or the Consumer Price Index with additional restrictions that 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. The ordinance also provides that such an increase shall not 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) of the Municipal Code. Recommendation Introduce Ordinance No. 153 for second reading. LAW OFFICES BURKE, WILLIAMS & SORENSEN VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 2310 PONDEROSA DRIVE SUITE I LOS ANGELES, CALIFORNIA 90017 CAMARILLO. CALIFORNIA 93010 (605) 967 -3466 (213) 236 -0600 ORANGE COUNTY OFFICE TELECOPIER: (2131 236 -2700 3200 BRISTOL STREET SUITE 640 COSTA MESA, CALIFORNIA 92626 1714) 545 -5559 September 11, 1992 BY FAX AND MAIL Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Ordinance Reinstituting Mobilehome Vacancy Control Dear Steve: BURKE, WILLIAMS, SORENSEN 6 GAAR LIGHTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK, KANSAS 66210 (913) 339 -6200 WRITER'S DIRECT DIAL 213 - 236 -2721 OUR FILE NO, 01359 -001 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. § 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 (§ 5.52.170) and that councilmanic review of the ordinance's effectiveness is required by May 1, 1993 (§ 5.52.180). CJK:hsk 29959.1 Very truly yours, CHE eTORINEY, ANE CIT MOORPARK; and BURKE, WILLIAMS & SORENSEN r -� 4 Dr CITY OF MOORPARK OFFICE GF CITY MANAGER SEP 30 192 17 28 A� P. 114 HART, KING & COLDREN A PROF0310NAL LAW CORpO RATKW ZOO 13. SANDPOINT8, FOURTH FLMA D1REC'f ALL MAIL. TO: P. U. BOX 1507 SANTA ANA, CALIFORNIA 92707 -0507 TRY.: (714) 332 -8700 FAX! (714) 546 -7457 OARY L K" WUALW R. KW ORSOMY IL IWAM SAM O. RROYLFk JR. CANDLE L CAMPMA. ZJZASSM K RRAI.R JOHN 1L PIQCVW4T ?"O"AS J. lOLIS JAMBS C. AARKRVS. IV WIALIAM DAN I=A. DONAMM JAMl'S M. CILMItT WOM L AfiRR r - PFI'EJt X. ILUNUR LAWRP.NCE L SWOLD RALiUUZ L WMAKM PAT V. O'C tSMUL MARK V. A.SDOEWAN OARRARA L Ma18I.E OF COUNSEL SOVEN V_ aLkM AMDDOO N MXZWLJ. O MWED@, P.C. DAVID A. BROWN RJCHAlto X. sTRBA CAW aecm6cc Ilerah tMvJ FACUMILE TRANSMISSION COVER SHEET FAX NO. (714) 546 -7457 DATE: September 30, 1992 FILE NO.: 30508.001 FAX #: (805) 529 -8270 TO: Mayor Lawarson City Council Members City of Moorpark FROM: Robert S. Coldren RE: Amendment to Mobilehome Park Rent Co trol inance MBSSAGE: The exhibits to this letter will be sent with the original letter via U.S. Mail NO...Or PAGES (excluding cover sheet): Three (3) ORIGINAL WILL NOT FOLLOW X — ORIGINAL WILL FOLLOW BY: — X ^• Regular Mail Certified Mail, Federal Express other Return Receipt Requested If there are any questions regarding the FAX transmittal, please contact Stacy Mushakian at (714) 432 -8700. This message is ii *coded only for the use of the ilulividual or Ctttily to which it is addroxsed and rrmy contain information that is Privileged, t.onfixieruial and exempt from disclosure under applicable law. If the roadcr of this messagc is W the Intended ttCipient, or the onVloyer or agent responsible for daliverLtX the message to the inwnded recipiwil, you aro hereby notitidd shat any dissaminadon, distribution or copying of this communication is strictly prohibited. if you have n:c;ivcd this comntuniCUtiun in error, please is t'y us immediately distribution by t6laphons and return the oriLrinal message to us at the above addroax via Ututad Stater Postal Service. 4 �1.�.. Ct Y SEP 30 192 17:28 ` SEP 30 '92 17:29 AST L COLDW 0ARY L JMO WHJUM R HART GRINA"11. ■RAM CAMWO L COAF2sL Im IL PFiKI'9= C. WU4JAM DiANLM LORI A. DDIIAMA JAMCC L. MRR" RNGR:LLS E M?lUM MART V. A20OORIAN RARRARAJ. D00JB DLIDIN MONDO FACSIMILE AND HART, ICING & COLDREN A PROFESSIONAL LAW CORPORATION 200 E. SANDPOINT$, FOUR'T'H FLOOR DIMF r ALL MAIL TO- P. O. BOX 2507 SANTA ANA, CALIFORNIA 92707 -0607 TEL: (714) 4324700 FAX: (714) S4&7457 September 30, 1992 Mayor and City Council Members City of Moorpark 799 Moorpark Avenue Moorpark, California 92302 Cheryl J. Kane, City Attorney City of Moorpark c/o Burke, Williams & Sorensen 611 W. 6th Street, Suite 2500 Los Angeles, CA 90017 P.2/4 SAMUEL O^ RROYLR; JR_ ELIZASM IL BE" THD" J. P= Im C WARMN4 N JAMMI M. GNA=r PC= X.ROND[X L1WRIPM IL RWOLD PAT V.0'ODMWL OF COUNSEL DAVID A. BROW AWAARD L &TOM ■ (Abe mmbw YA. i OW Re: Amendment to Mobilehome Park Rent Control Ordinance Dear Mayor Lawarson, Members of the City Council and Ms. Kane: This office represents Villa Del Arroyo, Ltd., a California limited partnership and owner of the Villa Del Arroyo Mobilehome Park located in the City of Moorpark. We are advised that the City of Moorpark is considering, and has, indeed, had a "first reading" of a proposed ordinance with a vacancy control provision. on December 13, 1989 a Stipulation For Settlement and a Judgment pursuant to stipulation were filed with the Ventura County Superior Court. Copies of the Stipulation and Judgment are attached hereto, for your convenience, as Exhibits "A" and "B ". A review of the Stipulation and Judgment indicate that the City of Moorpark Rent Control ordinance allowing for vacancy decontrol was to remain in effect "for so long as the City of Moorpark controls space rent in mobilehome parks, but in no event shall the City of Moorpark be obligated to retain the amendment in effect should Hall V Santa Barbara, 833 F. 2d. 1270 (9th Cir. 1986) cert. denied, 99 SEP 30 '92 17:28 SEP 30 '92 1729 .} P.3/4 Mayor Lawarson Members of the City Council Ms. Kane September 30, 1992 Page 2 L. .Ed. 2d. 281 (1988), be expressly overruled." That same limitation is expressly provided in the Judgment signed by Judge Bruce A. Thompson on December 13, 1989. Enclosed herewith as Exhibit "C" is a true and correct copy Of the West Law printing for Shepard's Citator to Federal Reporter decisions. The citation noted indicate that the case at issue, Ball v. Santa Barbara, is "criticized" by the United States Supreme Court in Yee v. City of Escondido, (112 Supreme Court 1522, 1533) but that same has not been "expressly overruled ". For your further edification a copy of the Yeg v. City of Escondido decision is attached hereto as Exhibit "p". The Xee v City of tscondido decision makes clear that while the holding of Hail v. kSn &a Barbara that a rent control ordinance constituted a physical occupation of the mobilehome park by tenants has been rejected by the United States Supreme Court the Hall v. Santa Barbara decision has by no means been "expressly overruled ". Demand is hereby made that the City of Moorpark cease and desist from any further consideration of the proposed amendment, in its present form, as same would be violative of a duly entered judgment and contractual stipulation. The undersigned, as counsel for the mobilehome park is received a copy of the proposed amendment, and hear of its reading on or about September 16, 1992. 1 found it shocking as representatives of the City met with representatives from various mobilehome park owners on September 8, 1992. During that meeting it was decided that a study would be conducted by the City of Moorpark concerning its housing needs and the impact, if any, of vacancy decontrol upon the municipality's housing needs and costs. However, before any such study was conducted, and even before any further meetings occurred with park owners a reading of the proposed ordinance was scheduled and heard. It is disquieting and unfortunate that one must conclude, of necessity, that the meeting with the City officials was of no import and that the City was not meeting in good faith and with the intention of honoring the expressly agreed upon course of action. If- "the City proceeds forward to have the proposed amendment read on or about October 6, 1992, with a proposed effective date in early November, 1992 villa Del Arroyo will have no option but to make the appropriate motions to the Ventura County Superior Court for a preliminary injunction and /or to enforce the express terms of the judgment and the settlement agreement. cco -7n irn 4 n.^ SEP 30 '92 17:30 P.4 /4 Mayor Lawarson Members of the City Council Ms. Kane September 30, 1992 Page 3 The present course of Conduct by. the City of Moorpark can only apawn new and co tly._litigatiQn which,,-in reality, can Only benefit an extremely -- small -but vocal number of residents within the City Of Moorpark. Please also note that if the City proceeds with this present course of action Villa Del Arroyo, as well as other mobilehome parks within the -City, will reserve the right to seek a _voter referendum upon the City's course of action with the consequent publicity and impact... The "br.ight..light" of a voter referendum upon the Cityls attempt., to .economically benefit a tractional`portiori of the City's populace, at the expense of the entire populace, would be interesting political reading in these times of budget tightening_ and increased voter awareness over taxes. Indeed, the lack of any study at all to even address the question of the need for such an ordinance would be of interest to many taxpayers. I would also note that such a referendum, as you are aware, would stay the implementation of the revised Ordinance Pending voter approval or rejection of the proposed amendment. Demand is hereby made that the City acknowledge and agree that the proposed amendment to the Mobilehome Park Rent Control Ordinance will not be brought before the City Council on October 6, 1992, or thereafter. Failure to specifically acknowledge, in writing, that the foregoing amendment will not be acted upon, prior to Friday October 2, 2992 will necessitate Villa Del Arroyo making the appropriate :application for relief to the Ventura County Superior Court. This waste of municipal resources should be halted now. Very truly yours, HART, KING & COLDREN Ro 0508001p 0039703.WP