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HomeMy WebLinkAboutAGENDA REPORT 1997 0521 CC REG ITEM 09C/ c °' 1 �M9e. NOORPAW CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROK: Nancy Burns, Management Analys DATE: Nay 15, 1997 (Ntg. Of 5/21/97) SUBJECT: Consider Bmergency Ordinance to Impose a Moratorium on Rent Increases in Nobilehome Parks Recently, mobilehome park residents at Villa del Arroyo Mobilehome Park have expressed concerns regarding maintenance of utility meters and landscaping, eviction proceedings, and rent increases. On May 7, 1997, Council heard presentations from residents at Villa Del Arroyo Mobilehome Park. Actions requested of Council include repealing the existing mobilehome rent control ordinance (Ordinance 171), freezing rents until a rent mediation board can be formed, and investigating practices in the management of the park that may violate the Moorpark Municipal Code. The City Council directed staff to draft an emergency ordinance for their consideration that would freeze rents at their current levels and suspend any increase that might otherwise occur to space rent, due to vacancies. During the time the Ordinance is in effect, the responsibility for utility or maintenance charges may not be transferred between owner and park residents. The attached Draft Ordinance will stabilize rents at mobilehome parks in the City until October 3, 1997. Staff was also directed to consideration which would Stabilization Ordinance. gathering information and by other jurisdictions to prepare another ordinance for future improve the current Mobile Home Rent As part of that process, staff is researching mediation procedures used regulate mobilehome parks. Adopt Ordinance No. and refer this matter to the Budget and Finance Committee for further study. 970514.041 CITY OF bKKWJ%JUK. CALWORMA City C°°��il iVieetia9 of - �/2/ 1997 ORDIEMCE NO. AN INTmIri --= n OF THE CITY CECIL OF T= CITY OF 11ml , C&LZVOM=Al ADOPTUD AS AN =Gmm lam, nwasm h wahlo lux ON RIM INCR3ASU IN ]MILROOKS PARES IN THE CITY =2 CITY COUNCIL OF THE CITY OF MOONPMM, CALIFORNIA DOES ONDOiCIN AS FOLLOWS: WMION 1. The City Council finds and declares that there are changing economic conditions impacting the affordability of mobilehmes that necessitate a'as t of Title 5, Business Taxes, Licenses and Regulations, of the Noorpark municipal Code to include modifications to the regulation of mobilehome rents in the City. SECTION Z. The City Council hereby directs the Administrative Services Department to conduct a study relative to amending Title 5, Business Taxes, Licenses and emulations, of the Moorpark Municipal Code to determine fair market mobilehome space rents, which provide for a just and reasonable return to mobilehome park owners. The City Council further directs that this study shall furnish mediation procedures to be available in conjunction with the regulation of mobilehom rents. In connection with said study, the City Council contemplates the consideration of an amendment to Title 5, Business Taxes, Licenses and Regulations, within a reasonable time. SECTION 3. For the period of time that this Ordinance is in full force and effect, no application for rent increase shall be accepted or approved by the City. Any application previously approved, but not yet effective, shall be exempt from this moratorium, provided that this exemption shall not pertain to any application for rent increase not approved by the City as of the effective date of this ordinance. No increase in space rent shall occur due to a change in tenancy during the time period that this Ordinance is in effect, whether the space is vacated voluntarily or due to an eviction action or a resale of the mobilehome. Nor shall there be any transfer in responsibility for payment of any utility fee or maintenance cost between owner and any park resident during the effective time period of this Ordinance. SECTION 4. Pursuant to Government Code Sections 36937 and 65858, the City Council hereby finds and declares this Ordinance to be an urgency ordinance, requiring the immediate enactment thereof, because there is a current and immediate threat to the public health, safety or welfare of the City and its citizens and the processing and approval of applications for rent increase by mobilehome park owners would result in that threat to public health, safety or welfare. The facts constituting such urgency and threat are as set forth in Sections 1 and 2 of this Ordinance.' C: \M \NLB \ORDINANC\RNTCNT- 5/13/99 -May 14, 1997 !i1 Ordinance No. Page 2 S'MON S. This Ordinance shall be effective imediately upon its adoption, and shall expire and be of no further force and effect as of October 3, 1997, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. $XCT10N 6. 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. .SCTION 7. 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 Star, a daily 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 MW AD©PTND by not less *iwew a four- fifths vote of the City Council this 21st day of My, 1997. ATTEST: Lillian E. Hare City Clerk C: \14\NLB \OADINANC \BNTCNT- 5/13/97 -May 14, 1997 Mayor of the City of Moorpark, California ITEM NO. YES NO ABSENT COUNCILMEMBER EVANS COUNC ILMEMBER PEREZ COUNC ILMEMBER TEASLEY OUNCILMEMBER WOZNIAK MAYOR HUNTER MOTION: