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.�..
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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
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