HomeMy WebLinkAbout03/07/1989, 3 - MOBILEHOME RENT CONTROL AMENDMENTS (CHAP. 5.44 - MEASURE ""D"")" �uI��IIIII�I N I II MEETING/ATE:
cIyy of lois s osisP o 3/7/89
COUNCIL AGENDA REPORT MM NUMBER:
From: Roger Picnuet, City Attorney
Subject:
Mobilehome Rent Control Amendments
(Chap. 5.44 - Measure "D•' )
CAO RECO.KMENDATION:
Introduce to print amendments to mobilehome
rent regulations regarding "safe harbor" exemptions.
BACKGROUND:
SUMMARY:
The City's mobilehome rent control regulations were comprehensively revised
by the electorate' s approval of measure "D'• last June. The initiative
ordinance allows amendments by Council.
A. Councilwoman Rappa recently indicated a concern regarding a lack of
specific procedures for a park owner's claim of exemption under the safe
harbor provisions (more than 2/3 of the spaces under long term leases) . A
council subcommittee (Mayor Dunin and Councilmember Rappa) was appointed to
work with staff to review the concern and, if warranted, to bring back
proposed amendments to Chapter 5.44.
Staff and the subcommittee agree that the City has no direct role to play in
the negotiation of long-term leases between park owners and tenants.
Nonetheless, it was generally agreed that a mechanism should exist by which
an owner claiming a total safe-harbor exemption would establish its existance
and validity. A mechanism, or procedure, should also exist to resolve any
objection to a safe harbor claim of exemption.
The attached code text amendment sets out such a procedure. It closely
parallels similar procedures for "hardship" rent. applications.
B. Councilwoman Rappa also noted that Measure '•D'• required publication of
CPI changes monthly. Since "publication" is undefined and the obvious
purpose of the provision was to provide a means for affected parties (tenants
and owners) to receive timely CPI information from a non-interested source,
it is recommended that this notice obligation be accomplished through the
local newspaper. Also, monthly notice is not realistic since the U.S.
Department of Labor publishes CPI information every two months. A
corresponding change to our provisions is recommended.
Mobiiehome Rent Control Amendments
Meeting of
Page Two
The subcommittee noted that there may be future amendments recommended
which would help effectuate the goals and purposes of Chapter 5.44. For
example, it may be desirable to mandate that the automatic CPI increase
occur once-a-year (e.g. , January 1 of each year) . Staff will continue
to monitor these regulations and the rent-control situation and note
possible "fine-tuning" for future Council action.
APPROVED:
City Administrative Officer
City Attorney/
Attachments:
code text amendment
3- �
i
ORDINANCE NO. (.1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 5.44.040 (MOBILE HOME PARK OWNER EXEMPTIONS
UNDER 5.44.030(F) ) AND, AMENDING SUBSECTION
5.44.060(B) (NOTICE RE PERCENTAGE CHANGE OF CPI )
OF THE SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Section 5.44.040 of the San Luis Obispo Municipal Code
is hereby amended to read as follows:
A. Any mobile home park owner claiming an exemption under Section
5.44.030(F) shall comply with the following requirements and procedures:
(1) File with the City Clerk. a statement setting forth the basic
facts upon .which the claim for exemption rests such as total number
Gof spaces, number on long-term leases, identity of spaces on
long-term leases, expiration date for each long-term lease and any
other information determined necessary by the City Administrative
Officer to evaluate the claim.
(2) The statement shall include a listing, by space number and
name, of each tenant not on a long-term lease and who would be
affected by the claim of exemption. In addition, the owner shall
provide proof of service that all tenants have been notified of the
claim of exemption and of the fact that. a tenant may file an
objection within thirty days.
B. An objection to the claim of exemption may be filed with the
City Clerk within 30 days after the notice of claim has been served. The
objection shall state the grounds of the objer.tiori. The only acceptable
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Ordinance No. (1989 Series)
Page Two 7D
grounds for objection is that the owner in fact does not have 2/3 of the
spaces in the park on long-term leases.
C. If an acceptable and timely objection is received the owner and
the tenant(s) filing the objection shall meet and confer to negotiate in
good faith and attempt to reach an agreement. If no agreement is reached
within thirty days of the date of filing of the objection, the owner shall
within ten days notify the City Administrative Officer that an agreement
or resolution to the objection has not been reached. The City
Administrative Officer shall proceed to select a hearing officer as set
forth in Section 5.44.070(B) (2) (F) .
D. The hearing officer shall set and conduct a hearing as set
forth in subsection 5.44.070(B) (2) (E) and (G) . The hearing officer shall
determine if the claim of exemption is valid taking into account. all
relevant evidence, facts and circumstances necessary to come to a
decision.
E.. The hearing officer's charges shall be paid by the City.
F. An appeal may be taken from a decision of the hearing officer
as set forth in Section 5.44. 110, including the obligation for the costs
of the appellate panel as set forth in subsection (D) thereof.
SECTION 2. Subsection 5.44 .060(B) (2) is hereby amended to read as
follows:
2. Every two months the City Administrative Officer shall publish by
means of an advertisement, or similar notice. in the newspaper the
percentage change of the CPI allowed under this Section B for
l
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Ordinance No. (1989 Series)
Page Three
G
the 12 month period immediately preceding the month for which CPI
information has been most recently published by the appropriate
federal agency.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the day of 1989,
on motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Ron Dunin
ATTEST:
CITY CLERK, PAM VOGES