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HomeMy WebLinkAboutAGENDA REPORT 1997 0820 CC REG ITEM 09Dq. (). MOORPARK CITY COUNCIL AGENDA REPORT 5R! --::� CITY OF MOORPARK, CALIFORNIA City Council Meeting of 2- 199, ACTION: v TO: Honorable City Council FROM: Nancy Burns, Management Analyst DATE: August 18, 1997 (Mtg. of 8/20/97) SUBJECT: Consider New Mobilehome Park Rent Stabilization Ordinance to Supplant Emergency Ordinance Which Placed Moratorium on Mobilehome Space Rent Increases During a Special Town Hall Meeting of the City Council on April 12, 1997, residents of Villa del Arroyo Mobilehome Park spoke on the subject of the City's Mobilehome Park Rent Stabilization Ordinance and requested Council's assistance in limiting rent increases. In response to these concerns, Council directed staff to compare rents at Villa del Arroyo Mobilehome Park with those at other mobilehome parks in the area. At the Regular Council Meeting May 28, 1997, allegations were made of code violations at this park and staff was directed to review these claims. Also on May 28th, Ordinance No. 231 was adopted as an urgency ordinance to impose a moratorium on increases in mobilehome space rent in the City and plans were announced for the formation of a committee to draft a new ordinance. The urgency ordinance expires August 21, 1997, unless extended prior to that date. Discussion The Mobilehome Park Rent Stabilization Ordinance Review Committee held its first meeting July 10, 1997, with representation from park owners and tenants at both parks in the City. Tenants identified the following concerns with the existing ordinance: 1. The possibility of two rent increases in one year: the increase due to a change in occupancy, and the annual standard rent increase; C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- August 18, 1997 1 2. The preference by tenants for a mediation board and other features contained in Simi Valley's mobilehome rent stabilization program; 3. A desire for more specific criteria to justify a rent increase and a more thorough review of the standard increase, which has been 4% for the last few years; and 4. A belief that the ordinance is outdated and that a new ordinance is needed which more closely reflects current economic conditions for park residents. Representatives from Villa del Arroyo Mobilehome Park management stated their satisfaction with Ordinance 171, on the whole. Never - the -less, they expressed the following concerns: 1. The City's involvement and control of rents, limiting the influence of the market; 2. The C.P.I. used and the limits on rent adjustments, as established by the ordinance; 3. The provision for limiting rent increases when a change occurs in space occupancy (vacancy control), as currently allowed by the ordinance. Rent Survey A survey was conducted of rents in the jurisdictions of Fillmore, Santa Paula, Simi Valley, Thousand Oaks and Camarillo, for the purpose of comparing rents at Villa del Arroyo and Moorpark Mobilehome Park with rents at other comparable mobilehome parks in the area. Data on rents was obtained either from the municipality in which the park is located or from the park management. Where rent data was supplied by the municipality, information may be nearly one year old in some cases. Parks were visited and classified into one of three categories, based on amenities provided and general appearance of the park. Ten parks were identified as comparable to Villa del Arroyo. Space rents at these parks range from $274 -$581. Villa del Arroyo's rents range from $397 -$541, excluding the space occupied by the onsite manager, which rents for $875 per month. Three parks were identified as comparable to Moorpark Mobilehome Park. Space rents at these parks range from $198 -$348. Rents at Moorpark Mobilehome Park range from $216 -$331 ( Attachment "A "). C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- August 18, 1997 2 Utilities An investigation was conducted into the procedures relating to gas and water service and utility usage charges at Villa del Arroyo Mobilehome Park. This inquiry was made due to tenant claims of billing and service discrepancies. Billing information for gas and water service and usage at Villa del Arroyo from April 16, 1997, to May 15, 1997, was provided by park management. A spot check of this report indicated that charges billed were within the expected range. (Attachment "B" provides further details.) Rent Increases Staff investigated space rent increases at three spaces in Villa del Arroyo and eleven spaces at Moorpark Mobilehome Park. A report on these findings has been provided to Council. Mobilehome Park Rent Stabilization Ordinance Review Committee The Mobilehome Park Rent Stabilization Ordinance Review Committee has met since July 10, 1997, to develop recommendations for a new ordinance. Tenant members of the committee submitted proposed language for a new ordinance, modeled after the Resolutions which govern Simi Valley's Rent Stabilization Program. Representatives of Villa del Arroyo's management submitted proposed changes to the City's existing rent stabilization ordinance. VDA management also submitted a proposed model lease, as an alternative. The committee has identified three options for Council's consideration: 1. Adopt Resolutions /Ordinance based on the Simi Valley Resolutions 93 -52 and 95 -15, which govern the Mobilehome Rent Stabilization Program in Simi Valley; 2. Adopt Ordinance based on the Carpinteria ordinance governing that city's mobilehome rent stabilization program, found at Chapter 5.69 of the Carpinteria Municipal Code; and 3. Modify Chapter 5.69, governing Moorpark's Mobilehome Park Rent Stabilization Program. Modifications would be as follows: A. Reduce the minimum standard space rent increase from 4% to 30 or the adjusted Consumer Price Index (CPI); and C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- August 18, 1997 3 B. Reduce first standard space rent increase proportionally for each tenant whose tenancy began during the existing calendar year. (A tenant who took occupancy during January would receive a space rent increase of 11/12 the standard space rent increase on the following December 1.) Direct staff as deemed appropriate. C: \M \NLB \AGNDARPT \1,1HRNTCTL- 8/2/97- August 18, 1997 4 ATTACHMENT "A" Current Mobilehome Space Rents Selected Jurisdictions August 5, 1997 Park Name Rent Homeowners Class* # of vacancies Comments Range Association spaces Moorpark Villa del Arroyo $397 -$541 Yes A 244 0 15750 Los Angeles Avenue 523 -7444 Moorpark Mobilehome Park $216 -$331 No C 28 Unk 83 W. High Street (818) 222 -1756 Fillmore -No rent control. Most tenants are on long term leases (5 years). A few are on 7 or 10 year leases.) Rent is increased 4 -5o per year. E1 Dorado Estates $350 -$400 GSMOL (Mgr. A 302 10 Minimum age 55 for 1 250 E. Telegraph Rd. invited occupant of coach. Helen Rosette tenants of 524 -1300 other parks to speak to their HOA.) Camarillo -No vacancy control Casa del Norte Mobilehome $275 -$395 Unknown A- 135 Unknown Some single wide coaches. Community No covered carports. Guest 4388 Central pkg- 485 -5556 C- \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- Augu5t 18, 1997 Park Name Rent Homeowners Class* # of Vacancies Comments Range Association spaces Santa Paula -No increase upon vacancy Oaks Mobilehome Park $271 -$400 Unknown B 92 Unknown Last increase (in May) was 1500 Richmond Road (10 on loo. Lease provides 5% Mike Bliss #67 lease) annual increase. Mgr. says 525 -3030 tenants on rent control have been better off than those on lease the last few years. Some single -wide coaches. Pepper Tree Trailer Park $198 -$256 Unknown C Unknown Unknown No apparent amenities; 135 No. 13th single wide coaches Rancho Santa Paula 274 -581 Unknown A Unknown Unknown RV pkg., BBQs, guest pkg., 500 W. Santa Maria other amenities. Anacapa Mobilehome Park $218 -$226 Unknown B Unknown Unknown Some covered carports. Less 720 W. Santa Maria space than "A" parks. Minimal pool deck. Santa Paula West $320 -$350 Yes A 195 (32 0 2 pools & clubhouses; 265 S. Beckwith Rd. ($422 on children o.k. Owner Don & Marie Savage #45 eff. 9/1- month- requested increase to $513 525 -2811 May be month) (May -June hearing). 7 -year appealed) leases which allow 4 -8% Average annual increase. At one lease: time, tenants tried to $439 purchase park; most signed leases after that. 400 Mobilestates $243 -$650 GSMOL B Unknown Unknown Bessire & Casenhiser 400 Craig Dr. C: \M \NL8 \AGNDARLIT \MHRNTCTL- 8/2/97- August 18, 1997 Park Name Rent Homeowners Class* #b of Vacancies Commuents Range Association spaces Simi Valley Friendly village $330 -$400 Unknown A Unknown Unknown 195 Tierra Rejada Avg. $389 527 -3610 Garden Grove $250 Unknown C Unknown Unknown Single wide only; no Cochran & Tapo parking. Exempt from ordinance. Trade Winds $302 -$399 Unknown B- Unknown Unknown Some units have covered 5150 E. Los Angeles Av. carports; some single wide 526 -2754 coaches; limited space between coaches; Spartan pool & club house Simi country $290 -$425 Unknown A- Unknown 0 RV pkg.; family park; large 1550 Rory Lane grassy area 522 -2090 Susana Woods $327 -$434 Unknown A Unknown 0 6480 Katherine 522 -6660 Crest $251 -$323 Unknown B+ Unknown Unknown Some single -wide coaches. 5932 E. Los Angeles Avenue Big shady trees; rustic 526 -4013 style (no curbs). Pool C: \M \NI,H \AGNDARPT \MHRNTCTL- 8/2/97-August 18, 1997 Park Name Rent Homeowners Class* # of Vacancies Comments Range Association spaces Thousand Oaks Ventu Estates $322 -$412 Unknown A Unknown Unknown Pool, clubhouse. 26 S. Ventu Park Rd. 498 -2010 Ventu Villa $301 -$355 Unknown A- Unknown Unknown Some single wide coaches. 26 S. Ventu Park Rd. Pool, clubhouse. Elms Plaza $253 -$348 Unknown C Unknown Unknown Single wide older coaches. 1262 Newbury Rd. Travel trailers stored on 498 -1710 premises. Vallecito $373 -$501 Unknown A+ Unknown Unknown Beautiful entryway; 1251 Old Conejo Rd. attractive coaches with 498 -2612 well tended yards. Large clubhouse. RV parking across the street. Thunderbird Oaks $292 -$425 Unknown B+ Unknown Unknown 2519 Thunderbird Dr. 496 -3725 Twin Palms $222 -$328 Unknown Unk. Unknown Unknown Subject to Thousand Oaks (no listing) ordinance. Not listed in phone directory. Crestview $169 -$300 Unknown Unk. Unknown Unknown Subject to Thousand Oaks (no listing) ordinance. Not listed in phohe directory. Key: A Pool, clubhouse with amenities, covered carports, guest parking, pride of ownership, high quality coaches B Pool, modest clubhouse, generally offering covered carports for most spaces; all amenities on a more Spartan scale than for "A" C singe wide coaches, no club house or pool apparent, minimal parking and generally no covered carports; coaches displaying signs of deferred maintenance, poorly appointed Note: Rent does not include utilities. Recreational Vehicle Parks were not included in this survey. C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- August 18, 1997 4 ATTACHMENT "B" Utility Charges for Villa del Arroyo Mobilehome Residents (Gas and Water Utilities) June 20, 1997 Both gas and water service to residents of Villa del Arroyo Mobilehome Park are provided through individual meters, which are maintained by the park owner. The park owner is charged for utility service and usage, which is metered through a master meter. Charges for these utilities are then passed on to residents and itemized on each resident's monthly space rent statement. Residents at Villa del Arroyo Mobilehome Park have alleged overcharging on utility fees and mis -read meters. The County's Weights and Measures Department, which tests all gas meters every ten years on a rotating cycle, reports that most meters test out O.K. Most that do not are actually under - registering. Disc, sl Sion Rates charged for gas and water fluctuate from month to month, based on the season and allocation, in the case of water usage, and the BTU rating of the gas going through the park, for gas usage. There are two components to the utility charges: a service fee and a usage fee. Water Service The fixed component of the charge for water service is based on the size of the master meter. Villa del Arroyo's meter is 3/ ", for which $12.50 is charged every two months for each unit in the park (240 units). A tiered rate structure is established by the size of the master meter for the component of the charge that is based on usage. This structure is altered during the cooler months of November through April. The rates shown on the following page are typical for the 3-4" meter customer and can be different for each billing period, based on factors such as season and need. C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- August 18, 1997 1 Ventura County Waterworks Usage -based Water Rates November - April Tier Usage Range Cost per 100 cu. ft. Tier I 0 -2,800 cu. ft. $1.252 Tier II 2,900 -5,000 cu. ft. 1.565 Tier III 5,100+ cu. ft. 2.504 During May through October, a greater usage of water is allowed within each tier, as shown below: Ventura County Waterworks Usage -based Water Rates May - October Tier Usage Range Cost per 100 cu. ft. Tier I 0 -4,200 cu. ft. $1.252 Tier II 4,300 -7,400 cu. ft. 1.565 Tier III 7,500+ cu. ft. 2.504 If a customer exceeds its allocation of water, it will be charged more. During April 1997, when Southern California experienced warmer weather than usual, Villa del Arroyo exceeded its allocation and was charged $253.92 "extra" for this excess. This also occurred in December 1996 and December 1995. This is not a frequent occurrence. Gas Service The fixed component of the charge for gas service is $.16438 per day per space, plus a surcharge of $.16 per space per month. The portion of the fee which is based on usage is calculated on the basis of units of usage, converted to therms. (A unit equals 100 cu. ft. of gas.) The conversion of units to therms utilizes a billing factor which is based on the BTU rating of the gas delivered. The BTU rating varies from month to month and is C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- Augu3t 18, 1997 2 influenced by where the gas is purchased by the regional gas utility and other factors. During the month of May, 1997, a 30 -day month for billing purposes, Villa del Arroyo incurred the charges shown below, based on usage indicated. Villa del Arroyo Gas Usage and Rates May 1997 Threshold Therms Rate Baseline 4,979 $.50207 Over baseline 1,475 .67780 Low Income 711 .42676 (Care billing program) Over baseline 211 .57613 (Care billing program) Representatives of the park's management provided copies of utility and space rent billing information for all spaces for the time period April 16, 1997 to May 15, 1997. The billing system for water usage allowed for spot - checking actual water charges billed to residents against expected water charges for the usage shown for those residents. Bills that were randomly selected and compared on this basis showed Tier I rates charged. Charges billed for gas usage were not as directly comparable. The actual gas charges for several residents were compared to expected fees; rates charged were within the range provided by The Gas Company. C: \M \NLB \AGNDARPT \MHRNTCTL- 8/2/97- August 18, 1997 3 4 r v ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE, AMENDING CHAPTER 5.52 OF THE MOORPARK MUNICIPAL CODE RELATIVE TO RENT INCREASES IN MOBILEHOME PARKS IN THE CITY THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that there are changing economic conditions impacting the affordability of mobilehomes that necessitate amendment of Chapter 5.52, MOBILEHOME PARK RENT STABILIZATION, of the Moorpark Municipal Code to include modifications to the regulation of mobilehome rents in the City. Since 1992, this change in CPI has been less than the minimum 4% standard space rent increase which park owners are allowed annually. The Council desires to protect owners of mobilehomes from unreasonable rent increases, while recognizing the need of park owners to receive a fair and just return on their property and sufficient rental income to cover increases in the various costs of park operations. These operations include services affecting the health and well -being of mobilehome owners and those amenities required to permit the quiet enjoyment of their homes. SECTION 2. The Moorpark Municipal Code is hereby amended by revising section 5.52.050, entitled "Standard space rent increase ", to read as follows: "A. Basis for Determination. The procedures and fees set forth in Section 5.52.060 shall not apply to any proposed space rent increase which does not exceed the increase allowed by this section, provided that: "1. The proposed space rent increase is to become effective no sooner than one (1) year from the date the last increase became effective at the particular mobilehome park. "2. Not less than ninety (90) days prior to the effective date of the proposed increase, the owner or property manager shall file with the board a rent C:\ M\ NLB\ ORDINANC \RNTCNTI- 8 /19 /97- August 20, 1997 schedule form and supporting documentation together with a copy of the written notice of the proposed increase and proof that the owner or property manager has served each affected tenant, personally or by mail, with the notice. The notice shall state: (a) the number of the space or other means by which the space routinely identified; (b) the proposed rent for the space and the effective date thereof; and (c) that a copy of the rent schedule form and supporting documentation is available to any affected tenant, free of charge, upon request at the owner's office in the particular mobilehome park. Mailed notice shall be deemed served as of the second day after deposit in the U.S. mail, postage prepaid. The rent schedule form shall show the existing rent and proposed new maximum rent for each affected space together with the percentage increase and shall include the Consumer Price Index together with documentation thereof. "3. The proposed rent increase shall become effective as of the date specified in the notice to affected tenants described in this subsection. "4. If a space rent increase exceeds the increase allowed by this section, the proposed increase may not be implemented by the owner unless and until approved by the board in accordance with Section 5.52.060. "B. Standard Determination. Except as provided in subsection C of this section, the proposed space rent increase shall not exceed the greater of three percent (3 %) or the adjusted Consumer Price Index ( "CPI ") of the total space rent of each affected mobilehome park space. For purposes of this subsection B, the adjusted Consumer Price Index means the full CPI above three percent (3 %) up to and including seven percent (7 %) and two - thirds (2/3) of the CPI above the seven percent (7 %) up to and including eighteen percent (18 %) for a maximum total increase of fourteen point thirty -three percent (14.33 %) . "C. Determination after Occupancy Change. In the event that the owner has increased the space rent of an affected mobilehome park space pursuant to subsection C of section 5.52.040 at any time during the twelve -month period since the last increase became effective at the particular mobilehome park and before the proposed standard space rent increase becomes effective, the proposed space rent increase for that mobilehome park space shall not exceed an amount equal to S x C: \M\NLB \ORDINANC \RNTCNTI- 8/19/97- August 20, 1997 N - 12. For purposes of this subsection, "S" means the standard rent increase otherwise allowed by subsection B of this section and "N" means the number of months during which the space rent increase allowed by subsection C of section 5.52.040 was in effect prior to the month in which the space rent increase allowed by this subsection will become effective." SECTION 3. Pursuant to Government Code Sections 36937, the City Council hereby finds and declares this Ordinance to be an urgency ordinance, requiring the immediate enactment thereof, because there is an immediate need to preserve the public peace, health or safety of the City and its citizens. The facts constituting such urgency are as set forth in Section 1 of this Ordinance. SECTION 4. This Ordinance shall be effective immediately upon its adoption. SECTION 5. 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. SECTION 6. 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. C: \M \NLB \ORDINANC \RNTCNTI- 8/19/97- August 20, 1997 PASSED AND ADOPTED by not less than a four - fifths vote of the City Council this th_ day of August, 1997. Mayor of the City of Moorpark, California ATTEST: Lillian E. Hare City Clerk C:\ H \NLB \ORDINANC \RNTCNTI- 8/19/97- Augu5t 20, 1997 LAW OFFICES BURKE, WILLIAMS & SORENSEN VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 2310 PONDEROSA DRIVE LOS ANGELES, CALIFORNIA 90017 SUITE 1 CAMARILLO, CALIFORNIA 93010 (213) 236-0600 (8061987-34418 TELECOPIER: (213) 236 -2700 August 18, 1997 BY FACSIMILE AND U.S. MAIL Ms. Nancy Burns Management Analyst City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 ORANGE COUNTY OFFICE 3200 PARK CENTER DRIVE SUITE 760 COSTA MESA. CALIFORNIA 82626 (714) 646 -5669 WRITER'S DIRECT DIAL: 213. 236 -2721 OUR FILE NO. 01369 -001 RECEIVED Au'63 1997 OFFICEOf ThE C1f R� gGER Re: Amendment of the Mobilehome Rent Stabilization Ordinance Dear Nancy: Please find enclosed a copy of Ordinance No. 231 that I have marked up for your use in preparing the ordinance that will amend Moorpark Municipal Code section 5.52.050 as described in your memorandum of August 18, 1997. Also enclosed in the insert to that ordinance. The insert is on this Firm's word processing system. You can copy the insert on to the City's word processing system by calling my secretary, Rosalia Contreras, and asking her to put document LAX2:187897.2 into the Moorpark mailbox. Rosie can be reached at 213.236.0600, extension 1527. Since the immediately, it must of the public constituting of facts that substantive c that does not findings in t given to addi LAX2:188045.1 ordinance is intended to take effect be adopted for the "immediate preservation peace, health or safety" and must contain "facts" the urgency. Since I have no independent knowledge would constitute the urgency, I have not made any hanges to section 1 of Ordinance No. 231. However, mean that City staff should not expound -upon the hat section. At a minimum, consideration should be ng facts regarding the actual CPI verses the four Ms. Nancy Burns August 18, 1997 Page 2 percent floor and how those facts related to the purpose of mobilehome rent stabilization as set forth in Moorpark Municipal Code section 5.52.010. If you have any questions,regarding the enclosures, please do not hesitate to contact me. Very truly yours, ,2., CHE L J KANE CITY ATTORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN 1610 "1 Enclosures cc: Steven Kueny, City Manager LAX2:188045.1 PUG 18 '97 16;57 FR CITY OF MOCRPARK 805 529 8270 TO 12132362700 P.02/03 ORDINANCE NO. AN"�! ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS I, C �r- S . S2 AN URGENCY MEASURE , 2MMLa@-�1 AA nR�k"4TC� 6ES IN MOBILEHOME PARKS IN THE '1 CITY THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that there are changing economic conditions impacting th affordabiliTn of cam - s. S22 C - -. mobilehomes that necessitate amendment of , of the Moorpark Municipal Code to include. modifications to the regulation of mobilehome rents in the City. s VM SECTION 2.�T City Council hereby dire the Administrative Services Department to duct a study relative amending Title Business Taxes, License and Regulations, of Moorpark Muni -pal Code to determine fai arket mobilehome spac rents, which p vide for a just and reasonab return to mobilehome rk owners. Th City Council further direct hat this study shall furnish mediat n procedures to be available i conjunct!6n with C: �h1�IRi�o1L1SNAlOC \Ipl'{'CIi- s�c7is�- JWqufc 11, 190-7 AUG 18 '97 16:57 FR CITY CF MCCRPARK 805 529 8270 TO 12132362700 P.03iO3 the regulati of mobilehome rents. In connect' �on with said study, the City Council c emplates the consideration n amendment-to Ti a S, Business Ta s, Licenses and Regulation within a reasons a time. SECTION 3'. or the period of ti that this ordinance is in full force and effe t, no application fo rent increase shall be a epted or approved the City. Any ap lication previously appro d, but not yet fective, shall be empt from this moratori provided that thi exemption shall not rtain to any application or gent increase n approved by the Cit as of the effective date this ordinance. increase in space re t shall occur due to a ch ge in tenancy duri the time period that this Ordinance is in effec whether the space vacated voluntarily due to an eviction action or a resale of the. bilehome. Nor shall there be any transfer in res onsibility for pa nt of any utility fee or maintenance cost between owner and any park esident during the effective time period of thi Ordinance. SECTION. Pursuant to Government Code Sections 36937, the City Council hereby finds and declares this Ordinance to be an urgency ordinance, requiring the immediate enactment thereof, because there -is ar% immediate need to preserve the public peace, health or safety of the City and its citizense Zr t " C: \MMay \OMO3Mt+C \Wt�'f -f /iJI N.wT,�s tA, to9� ** TOTAL PAGE.03 ** PAJG 18 '97 17:11 FR CITY OF MOORPHRK 805 529 6 (d 1U f- . Wc-, aft The -facts constituting such urgency are as set forth in Section l +gleMof this ordinance. Or n e No. Pa SECTI This Ordinance shall be effective immediately upon its adoption* SECTION . 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. SECTIOId(O. 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 c��Aw�woiwme�rxrcxs •f /la / „-•N� a, io+ AUG 18 '97 17:11 FR CITY OF MOORPARK 805 529 8270 TO 12132362700 P.03/04 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. PASSZD AND ADOPTED by not Iesa than a four - fifths vote of the city council this INMR"aY of 3W# 1997. Mayor of the City of Moorpark, California ATTEST: Lillian E. Hare c��rnNS, s�o�w:wwc�u�ca�r- eii�irr- a+yuai i�, i��o . AUG 18 19? 17 11 FR CITY OF MOORPARK 805 529 62 ?0 TO 121323G2'rbe H.041164 City Clerk C.% Mwl J\o 1D=7MMC \RRPCNT- 9/131V7- A%1"vC 1., 19911 ** TOTAL PAGE.04 ** INSERT SECTION 2. The Moorpark Municipal Code is hereby amended by revising section 5.52.050, entitled "Standard space rent increase ", to read as follows: "A. Basis for Determination. The procedures and fees set forth in Section 5.52.060 shall not apply to any proposed space rent increase which does not exceed the increase allowed by this section, provided that: 111. The proposed space rent increase is to become effective no sooner than one (1) year from the date the last increase became effective at the particular mobilehome park. 112. Not less than ninety (90) days prior to the effective date of the proposed increase, the owner or property manager shall file with the board a rent schedule form and supporting documentation together with a copy of the written notice of the proposed increase and proof that the owner or property manager has served each affected tenant, personally or by mail, with the notice. The notice shall state: (a) the number of the space or other means by which the space routinely identified; (b) the proposed rent for the space and the effective date thereof; and (c) that a copy of the rent schedule form and supporting documentation is available to any affected tenant, free of charge, upon request at the owner's office in the particular mobilehome park. Mailed notice shall be deemed served as of the second day after deposit in the U.S. mail, postage prepared. The rent schedule form shall show the existing rent and proposed new maximum rent for each affected space together with the percentage increase and shall include the Consumer Price Index together with documentation thereof. 113. The proposed rent increase shall become effective as of the date specified in the notice to affected tenants described in this subsection. 114. If a space rent increase exceeds the increase allowed by this section, the proposed increase may not be implemented by the owner unless and until approved by the board in accordance with Section 5.52.060. "B. Standard Determination. Except as provided in subsection C of this section, the proposed space rent increase shall not exceed the greater of three percent (3%) or the adjusted Consumer Price Index ( "CPI") of the total IAX2:18784 7.1 space rent of each affected mobilehome park space. For purposes of this subsection B, the adjusted Consumer Price Index means the full CPI above three percent (3%) up to and including seven percent (7%) and two - thirds (2/3) of the CPI above the seven percent (7 %) up to and including eighteen percent (18 %) for a maximum total increase of fourteen point thirty -three percent (14.33 %)." "C. Determination after Occupancy Change. In the event that the owner has increased the space rent of an affected mobilehome park space pursuant to subsection C of section 5.52.040 at any time during the calendar year in which the proposed space rent increase is to become effective, the proposed space rent increase for that mobilehome park space shall not exceed an amount equal to S x N - 12.. For purposes of this subsection, "S" means the standard rent increase otherwise allowed by subsection B of this section and "N" means the number of months during which the space rent increase allowed by subsection C of section 5.52.040 was in effect prior to the month in which the space rent increase allowed by this subsection will become effective."