HomeMy WebLinkAboutAGENDA REPORT 1998 0204 CC REG ITEM 10DMOORPARK CITY COUNCIL
AGENDA REPORT
CI'" OF MOORPARK, CALIFORNIA
City Council Meeting
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TO: Honorable City Council
FROM: Nancy Burns, Management Analyst
DATE: January 24, 1998 (Mtg. of Februar 4, 1998)
SUBJECT: Consider Revisions to Mobilehome Park Rent
Stabilization Ordinance
Background
Since early 1997, residents of both of the City's mobilehome
parks have expressed their concerns about space rent increases.
The City Council enacted a moratorium on rent increases,
effective May 28, 1997, in order to review this matter,
requesting the input of park residents and owners via an ad hoc
committee chaired by Councilmember Chris Evans. Residents also
expressed dissatisfaction with general maintenance at the parks,
service of utility meters, and the declining value of their
mobilehomes. Charges were made of improper space rent increases
at both parks.
Allegations were investigated and staff reported findings during
June through October 1997 on the issues of concern expressed to
Council. The work of the ad hoc Mobilehome Park Rent
Stabilization Ordinance Review Committee was reported (staff
report for City Council meeting of November 5, 1997) and
appreciation was expressed to committee members for their work.
During this time, the moratorium on space rent increases expired
(on August 21, 1997). Villa del Arroyo Mobilehome Park
petitioned for and was granted approval for a standard space rent
increase, effective January 1, 1998. This was a four per cent
(4o) increase, as allowed under the current mobilehome rent
stabilization ordinance. Seventeen residents took advantage of
the ordinance's provision for a waiver of a noticed rent
increase, based on hardship. Sixteen of the seventeen applicants
were approved for a waiver.
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Discussion
Modifications to the City's Mobilehome Park Rent Stabilization
Ordinance are recommended at this time in order to create a more
equitable rationale for the standard space rent increase, clarify
existing provisions in the ordinance, and identify administrative
requirements. These revisions will assure consistency in the
effect of rent increases due to change in occupancy and will
stipulate that tenants receive a summary of the provisions of the
ordinance that will aid in their understanding of its effect on
their housing expense. For further clarification, primary
concerns of mobilehome park residents and the effects of the
recommended changes to the ordinance are summarized as Attachment
"A ", initially included with the staff report for the November 5,
1997, Council Meeting.
Staff's earlier investigation of residents' concerns regarding
park maintenance showed that the physical conditions at the two
parks differed markedly. While Villa del Arroyo appeared to be
generally well- maintained, several instances were noted of
unsanitary conditions at Moorpark Mobilehome Park, such as trash
overflowing dumpsters.
The maintenance of utility meters and general conditions of
health and safety are under the jurisdiction of the Department of
Weights and Measures, County of Ventura, and the State Department
of Housing and Community Development (HCD), respectively. The
Office of the Mobilehome Ombudsman is located in the State HCD
Department. Residents were provided the phone numbers of these
agencies.
Recommendation
1. Introduce Ordinance No. for first reading and
accept public comment.
2. Direct staff as deemed appropriate regarding mobilehome
park physical conditions.
Attachments
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Attachment A
Mobilehome Park Resident Concerns
Concern
Recommended Action
Effect
1. "Automatic" 4o
1. Eliminate floor
1. Reduces standard
increase annually,
for rent increase;
space rent increase
when CPI has been
limit allowable
in this time of
declining for years.
standard space rent
declining CPI; still
increase to CPI.
allows owner to
petition for an
increase under other
sections of
ordinance if he can
demonstrate this
need in order to
enjoy a fair return.
2. Desire for owner
2. No action.
2. Owner still
to justify a request
required to justify
for standard space
request for increase
rent increase.
under other sections
of ordinance, if
standard space rent
increase does not
provide fair return.
3. Substantial rent
3. Clarify language
3. Ensures greater
increase when coach
in vacancy control
degree of equality
is removed from
section to include
among residents;
space; possible
situations where
prevents tenants in
incentive for park
coach is removed.
new coaches from
owners to vigorously
bearing
enforce park rules
substantially higher
and pressure
economic burden than
residents to vacate,
other tenants.
along with coach.
Provides consistency
for owner's ability
to increase rent due
to a change in
occupant or the
removal of the coach
(vacancy control).
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(AAAAS
Concern
Recommended Action
Effect
4. Possibility of 2
4. Provide summary
4. More complete
rent increases in 1
of ordinance in
information
year (1 due to
clear,
disclosed to
change of occupancy;
understandable
prospective tenants;
1 due to standard
terms; require
better awareness of
space rent increase)
owner to provide
terms of tenancy for
and the lack of
summary in addition
existing tenants.
awareness of this
to text of ordinance
provision by
to all tenants.
tenants.
C:AM \M,IiAA ,N DARPT \MLf NF;WORp- 7./24 98 -Ja nual. -y 21, 1998
(A)COV3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTIONS
5.52.020, 5.52.050 AND 5.52.120 OF CHAPTER
5.52, MOBILEHOME PARK RENT STABILIZATION, OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that in the
course of administering Chapter 5.52 of the Moorpark Municipal
Code, there is a need to clarify certain provisions of the
Mobilehome Park Rent Stabilization Program and that for the benefit
of both tenants and owners, a summary of the provisions of the
Program should be provided; and
WHEREAS, because of the downward trend of the percentage
change in the Consumer Price Index since February 1991;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The definitions of Compliance, Consumer Price
Index, and Space rent occupancy change in Section 5.52.020,
subsection A and subsection A.l. of Section 5.52.050 and Section
5.52.120 of the Moorpark Municipal Code are hereby amended as
follows:
5.52.020 Definitions.
"Compliance" means the submittal of rent schedule forms
as approved by the City, the payment of an administrative fee, as
established by resolution of the City Council, for the submission
of mobilehome space rent increase applications, and other requested
material, documentation, information and responses to staff
questions to comply with Section S.e4.e6e this chapter.
"Consumer Price Index" means the percentage change in the
Consumer Price Index for the U.S. City Average, All Urban
Consumers, All Items, for the twelve (12) month period ending four
(4) months prior to the effective date of the proposed rent
increase (e.g., November effective date would be for twelve (12)
month period ending June 30'").
"Space rent occupancy change" means any time that a
mobilehome in a mobilehome park or the space nccuPied bY 0"Ch 81
is vacated voluntarily or as a result of an eviction
action or a resale of the mobilehome, or any time a mobilehome is
removed from the space in a mobilehome park, either voluntarily or
as a result of an eviction action or resale of the mobilehome.
5.52.050 Standard space rent increase.
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
(49.) or the adjusted Consumer Price Index ( "CPI ") of the total
space rent of each affected mobilehome park space, provided that:
1. The adjusted Consumer Price Index means the
full CPI above fottr 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 (14.330).
5.52.120 Notice to new tenants. Prior to, or at the
time of, agreeing to rent a mobilehome park space to a new tenant,
the owner shall provide the new tenant with a copy of this chapter,
as currently in force, along with a summary of this chapter's key
provisions and the effect such provisions may have on tenants.
This summary shall be provided by the City. Within thirty (30)
days after receiving such summary from the City, the owner shall
provide a copy of same to all existing tenants.
SECTION 2. 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 of portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts of portions be
declared invalid or unconstitutional.
SECTION 3. 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 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.
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PASSED AND ADOPTED this day of
ATTEST:
Deborah S. Traffenstedt
City Clerk
Mayor of the City of Moorpark
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