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Home My WebLink About06/16/1987 C4B - Initiative re Mobilehome Rent Stabilization a�b��l�h� ��I q��y � "J 1"' ' � IITEM��uHi t: �� ' �� 16�,�1987 �� d C� � San ��._.J 0$�S � June�� ii ��r, a��:�� ' , �� .�.,..... .__..___�,.�... u.�w.�._... ..._�..�.��..m...�..��.�__.....��.�.�..�..�,,,�..._w_.................—� �, ___.�.... _��.....__ _�..��...��......�.�_._.�w_.. �FROM: Roger Picquet, City Attorney��-�°�� SUBJECT: Initiative re Mobilehome Rent Stabilization CAO RECOMMENDATION: �� Receive, read and file BACKGROUND; � On May 26, 1987, a rough draft of an initiative regarding mobilehome rent stabilization was received from Mrs. Leola Rubottom. She had requested that it be considered by Council at its June 2, 1987, meeting. Due to a number of factors, such consideration was not possible. The purpose of this report is to briefly review Council options regarding the proposed initiative. , As noted by the City Clerk in her report regarding the November election, Mrs. Rubottom has apparently satisfied the basic requirements regarding publication of a Notice of Intent to Cfrculate an Initiative and is gathering signatures. Presumably, the initiative in circulation contains the essential provisions as the rough draft. The City has not received any formal petition, initiative or "smooth" draft of the proposed regulation. ANALYSIS: � An i�nitiative is the process whereby the electorate (voters) propose legislation by filing a petition with a specified number of valid signatures. The initiative (and referendum, a parallel process generally involving approval or re,�ection of an existing governmental policy) power is specifically reserved to the people by the State Constitution. The procedures for an initiative are in the Elections Code and made applicable to City proposals by Charter Section 304. � I` There is a number of specific legal and procedural requirements which ' must be met in order for an initiative to be placed on the ballot and, ultimately, to be upheld as a law. In essence, once a valid circulating initiative has received the signaturea of 10� of the registered voters, it is presented to the City. The Clerk checks the ' signatures for sufficiency and certiPies the initiative. Once certified by the Clerk, the initiative must be considered by Council . The Council may adopt the initiative as an ordinance (thus negating any need for an election) ; place the initiative on the ballot; or, rePuse to place the initiative on the ballot if it fails ; to meet legal requirements. This latter option is generally not .�. ��, �� _�....� ....�.�...�.... �..�. ......_ �_ .��.�..��.. favored by the courts but should be used when the proposed legislation is either patently unconstitutional or whenever the failure to comply with legal requirements would result in an unfair legal advantage being given to the proponents. The merits of the proposed ordinance are not being addressed at this time since it would be premature and perhaps unwise to review a rough draft of a circulating initiative. However, for information purposes only, the draft has the following prov�sions: I� 1 . Use of a Hearing Officer to hear rent disputes. His decisions would be appealable to Council. 2. Capital improvement costs may be passed through with 51X approval of the tenants. 3. Owners will be allowed sufficient rent to get a suitable income on their investment. 4. The MNOI method is used as the primary factor in considering a rent increase request. Attached is a copy of a 1985 memo from the City Clerk showing a typical timetable for an initiative. The dates for the proposed initiative are quite similar and differ only in a few cases. In any event, it gives an idea of the procedures that must be followed Given the fact Council is currently engaged in a comprehensive review of rent stabilization regulations, no formal action on the proposed initiative is recommended at this time. RECOhII�iENDAT I ON: j Receive and file. ATTACHMENTS: 1„ Rough draft of initiative. 2, Memo dated June 21 , 1985, from City Clerk � i; i ��...m_�.__._. ..��..��...�.��..��....__._.�..�..�,�.. _.._��w�.._.��..�,��. � ��