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Home My WebLink About04/18/1989, C-12 - MOBILEHOME RENT CONTROL AMENDMENTS (CHAP. 3.44 - MEASURE ""D"")" Ql�lul�111�lylll,l�� - MEETING GATE: O i1° ILII cityo San LUIS OBISpo - - COUNCiL AGENDA REPORT ITEM NU - _ . r )m: VicY:_ J . "11?^cane. Acting Gita' Attorney Suiijr.r_t : Mobilehome Rent Control Amendments (Chap. 5.44 - Measure "0" ) CAO RRCOY'M£?'DAT 10�.: introruce to print amendments to mobilenome rent regulations regarding "safe harbor" exemptions . SACKGR0UNT.D: Si;:4'?'Ai't'. T-:^.e Citv's mohile:,ome rent control regulations were comprei;ensivr.lV :'evi:,r: by tke electorate' s approval of measure "D" last June. The 'initiative ordinallce allows amendments by Council . A. Councilwoman Rappa recently indicated a concern revarrling a iack of '- specific pro0edures for a pai'k owner' s claim of exemption under the `iH�•i± harbor provisions (more than zinc of the spaces unc?er ions term !easesl . A councl! subcommittee (Mayor D7i:llll rind Connclimt-mber Rala')a; was i1U_ldil'lted to work with staff to review the concern and.. if warranted. to bring bacit proposed amendments to Chapter 5.=-1. Staff and the subcommittee agree that the City has no direct role to Jiay ir. tr:e nea'otiation of long-term leases between "p:1_^1C Uwne.rs and tenants. Nonetheless. it was generally agreed that a mecha2?ism should exist by whlci: an owner claiming a total safe-harbor exemUi.idn wolild establish its and validity. A mechanism, or procedure. should also exist co resolve ztny ob.jpction to a safe '-arbor claim of exemption. (At ttie CuuI:Ci_ meetills, Ui. April d. 1989, a member of the public expressed severa i co.n.ce_•ns _'e: ardi.ng oossible amendments. The Subcommittee 9le'.'t wit!') aim and a;jreed "th�it a f1egree of confidentiailty was appropriate. that is reflected as § 5 .44 .0,10A(0) . ) The attached code to\t fimpndment sets out such a proceduro. t 1:10s(lly p-,ralleis siml'_ar proceMIres for "haidship rent applications . D. Councilwoman Rappa a so noted that Measure ..D., requ.!red Uu0_ 'c;i::_t)fl 0t CP: changes monthly. Sl.n.ce "pub!i.catlon, is undef:.n.ed .:e obv olts U` Y_^e provision was to provide ;t .m.eaus for Flt fecC ed pa'_'Cle I U_nants and owners) to receive timely CPI information from c :`.OI?- ?t:_"BStCC `iource . it Is recommended that ti?i5 notice obligaC'_on Jt., .__t_d^p_lSi:eli t.^^Ull'•�"^ :`.i?e• local newspaper. Also. monthly notice. 1Ray no' he. tot2i '`' ''eallstic 54_I?ce tn:,' S. Deparr-enof labor publi-,hes some CPT }^, 'O, a•'.l u. .'vc-1, Wo months. 4 Mobiiehome Rent Control Amendments Meeting of Page Two corresponding change to our provisions is recommended. The subcommittee noted that there may be future amendments recommended whic". wouid i:e_p effectuate t::e goals and purpuses of Ciiaoter -.1 =ur example, it may be desirable to mandate that the automatic CPT increase occur unce-a-year (e.g. , January 1 of each year) . Staff wii co.^.F.=nue to monitor these regulations and the rent-control situation and note possible "fine-tuning" for future Council action. A?PROVED: City Ad 'nistrative Officer V Acting City ttorney Attachments: code text amendment �'42 —4oZ 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 FFEMPTTONS UNDER 5.44.O3O(F) ) AND, AMENDING SUBSECTION 5.44.060(B) (NOTICE RE PERCENTAGE CHANCE OF CPI) OF THE SAN LUIS OBISPO MUNICIPAL CODE BE IT ORDAINED by the City Council of the. City of San Luis Obispo as i follows: SECTION 1. Section 5.44.040 of the San Luis Obispo %h'iniripal Cade 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 for•t,h the basic facts upon which the claim for exemption rests such as: 1.otal number of spaces, number on long-term leases, identity of spaces on .' long-term leases, expiration date for each long-term .lense and any other information determined necessary by the City Administ.rntive 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. (3) The statements required to be filed above shall be confidential and not public records unless and until a Hearing Officer determines otherwise as necessary to conduct a hearing as set forth in _ subsections (D) or (F) below. i Ordinance No. (1989 Series) Page Two 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 objection. The only acreptab.le. grounds for objection is that the owner in fact does not have 2ia of the spaces in the park on long-term leases. C. If an acceptable and timely objection is received f.he 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 Cii'y Administrative Officer shall proceed to select a hearing officer as set forth in Section 5.44.070(B) (2) (E) . D. The hearing officer shall set and conduct a hearing ns set forth in subsection 5.44.070(B) (2) (E) and (G) . The henriiw „Cfict-r sha-ll. determine if the claim of exemption is valid taking into accouur. all relevant evidence, facts and circumstances necessary to comer 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. At least every two months the City Administrative Officer shall Ordinance No. (1989 Series) Page Three publish by means of an advertisement, or similar tf„Cici:. in the newspaper the percentage change of the CPI allowed -.trader this Section B for the. 12 month period immediately preceding tile. month for which CPI information has been most recently pnhiished by tite appropriate federal agency. INTRODUCED AND PASSED TO PRINT by the Council of thie 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: C Mayor Ron bullilt ___.--.- -- -- ATTEST: CITY CLERK, PAM VOGES C Ordinance No. (1989 Series) Page Four APPROVED: QCtityAd)mnistrative Officer Acting CAttor ey Finance Director