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Home My WebLink About10/20/1992 1A - Public Comment on Proposed Amendments to the Mobile Home Rent Stabilization Ordinance Concerning Rent Increases Upon Change of Ownership and Certain Exemptions AGREEMENT This contract, made this _ day of , by and between the City of San Luis Obispo (hereinafter referred to as "City"), and San Luis Garba�e Company, a Califomia Corpontion (hereinafter referred to as "Franchisee"). WITI�TFSSETH: WHEREAS, City and Franchisee desire to engage a consultant to provide solid waste rate and franchise administration analysis by reason of its qualifications and experience for performing such services; � WHEREAS, Emst and Young (Consultant) has offered to provide the required services on the - terms and in the manner set forth in the Agreement between the City and Consultant and a side letter to the City; WHEREAS, City and Franchisee have agreed that the consultant services will be paid initially by the City and the Franchisee wil reimburse the City for all costs within a two year period. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: � 1. REIMBURSEMENT a. The Franchisee will reimburse the City in the amount of $49,978. Franchisee will pay 50% of this amount upon completion and acceptance of the project and within 30 days of receipt of an invoice from the City. Franchisee will have an additional twenty months, or until February 1, 1996, whichever comes first, to pay the balance. b. If the City elects, Franchisee agrees to reimburse the City for the additional cost of the initial rate review, proposerl by Ernst and Young to cost$15,000. Franchisee will pay 50% of this amount upon completion and acceptance of the project and within 30 days of receipt of an invoice from the City. Franchisee will have an additional twenty months, or until February 1, 1996, whichever comes first, to pay the balance. c. Any amounts paid by the Franchisee under this Agreement shall be recognized as gross expenses for rate-setting purposes. _ � 2. AMENDMENT'S Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council. 3. CONIPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated here shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 4. NOTTCE � All written notices to the parties hereto shall be sent by the United States mail, postage prepared by registered or certified mail addressed as follows: City: City Clerk City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 Franchisee: San Luis Garbage Company 970 Monterey San Luis Obispo, CA 93401 5. AUTHORITY TO ERECUTE AGREEMENT Both City and Franchisee do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such P�Y• . IN WITNFSS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTFST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: Diane Gladwell, City Clerk Peg Pinard, Mayor 2 ` . _ Page 3 APPROVED AS TO FORM: FRANCHISEE San Luis Garbage Company � A Califomia Corporation � ff G. rgen n, �ty Attorney By: Charles Cattaneo P. Terence Schubert Attorneys for San Luis Garbage Company 3 .. _ � I� 1 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION No. dv�� 13964-0-6 City of SLO STATE OF CAL.IFORNIA, "0°� � '""�II�I aty oF ss. � san Iws oeypo CITY COUNCIi County of S� Luis Obispo PUBLIC HEARINGS On Tuesday, February 7, 7994, the San Luis Obispo I cun a citizen of the United States and a resident of the C�rv co��c�i will hold publi[ hearings beginning at 7:00 p.m.in the Council Chambers County aforesmd; I am over the age of eighteen and not of Ciry Hall, 990 Palm Street, on the items listed helow. The reports will be availatle Matter for review in the City Clerk's interested in the above-entitled Deparcment on the Wednes- day before the meeting. For more information, please call ; I �n now, cmd at all times embraced 781-)103. The Countil may also dis- cuss other hearings or busi- in the publication herein mention was, the principal clerk �ess ��ems before o� afrer those listed. If you challenge any one of the proposed of the printers �d publishers of the SAN LUIS OBISPO a�c�o�5 described below �� court, you may be limited to raising only those issues you COUNTY TELEGRAM-TRIBUNE, a newspaper of general or someone else raised at the public hearing described in this notice, or in written circulation, printed cmd published daily, Sundays 2Y.- correspondence deliverad to the City Council at,or prior to, tha public hearing. CLAY STREET ABqNDON- cepted, at the City of San Luis Obispo in the above MENT-to consider the aban- donment of the Cfay Sheet right-of•way between Dana named county and state; that Notice sc�eac and Briuolara sc.ae�. (20 min.) TRANSPOHTAT�ON DE- VELOPMENT IMPACT FEES- to eonsider establishing � transportation development impatt fees to become effec- tive Mey 2,1994.(7 hr.) cst which the cmnexed cli in is a true rinted co was LOT LINE ADJUSTMENT- PP 3 P l�Y• GRAND AVENUE - to consi- published in the above-mm�ed newspaper and not in any der a io� rne adjustment benveen two tots, creating supplement thereof — on the following dates, to-wit: �o ion trom cwo ion w;tn exceptions to lot size end depth at 411 Grand Avenue. 1�22 130 min.) PUBLIC SAFETY FEES-to consider updating public safery fees such as finger- printing,police reports,occu- pancy permits, and plan checking.(30 min.) CAMPAIGN REGULA• 710NS - to consider amend- that smd newspaper was duly and regularly ascertcrined ments to the Election cam- paign Regulations ordinance. mZd established a newspaper of general circulation }J}� (30 min.) Diane R.Gladwell, Decree entered in the Superior Court of San Luis Obispo Ciry Clerk Jan.Y2,1990 d�,t3g5q County, State of California, on June 9, 1952, Case #19139 7�nder the provisions of Chapter 1, Division 7, Title of the Govemment Code of the State of California. I certify (or declare) under penalty of perjuiy that the foregoing is true mzd correct. rYYlO�, CaPrlo�o (Signature of Principal Clerk) Date 1/22 , 19 94 J � In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION ��:. .. � , No. dv# 7 45�4-0-4 ��san►uis oaispo�: ;_'� ORDINM►CENO:d263._.;; .• ��.r'• '11894SEAIESI._'1;:,�,•� City O£ SLO ': :fAMENDINGTHE$ION:;, ��.�REQULATiONS�fiELATINO:" :;�TO S16N ILLUMINATION'•,y •`.y;y�YVITHIN THE C1T1^5.5.��,i :`F':a�OFFICE fO120NWG;�t7,�' STATE OF CALdFORNIA, ' �� -ri On.�Jenuery,��18,�7994;.:the: 55. Sen•Wip Obispo City Ccuncll voted 4.to,•11�aPAa v_odrig no1, County of San Luis Obispo �to invoduce,Ordl.ns,ce,No., �'.1253"3�11994 Sedesl. Wtiich ,�'amends,;$ectione��15.40.020'r I mn a citizen of the United States and a resident of the 15.�°p°,iso�'ot�ma��s'si8n ; RegulaUone;�rpledng to eign County c�orescrid; I am over the age of eighteen and not • iuuminetlon..":i:.'"�;�i':�:�i'+ � � The�prl.marY p�yisions,of the ordinance.ere'es follows: interested in the above-enti$ed Matter �.aiowtaisniemed:exee�o� (Indirect{:�llluminated;signa within the Office zoning dis- ; I �n now, �d at all times embraced trlcts;2 Provide a maxlmum Illuminetion,lavel,of 70 luxes �1.candlapower)�Bt.70'�feet fo'r. all illuminatad,Oifice district in the publication herein mention was, the principal clerk sisns;;3°Requlre tliet:illumi- ,netad:aiBns wlthln'tha�Offiee disVicts be:tumed:off'ectha• of the printers and publishers of the SAN LUIS OBISPO Aourof;tOp,tr�,.octhe.closaof� buslness';.Nihich'ev_er,ls leter; and,4:Reyulie`that'all�slgns` COUNTY TELEGAAM-TRiBUNE, a newspaper of general 'Pne adoPcio�:of;cnre eaegL e�� tions compry;wrth.�the new � circulation, printed and published daily, Sundays ex- :.ata�s�e�aam5: , }' The Couricll :muat':vote� agafn to approva,Ne ordi-•. ce ted, at the Ci of San Luis Obis o in the above na��a��before..x,ca�:;+aee. p � P effeat TAet aWon.is tenmGve- ty.seheduied,for-;T,uesdeY..� N O t 1 C 0 Februery.7';7994�at e'reguler ncuned county and state; that ciev couneu,rtieeUng to 6egin: et 7;00"p.m: in"tha'Council �hamtiers•'of�`CIry'Hall, 990� Palm StreaL•:'.`�:.:'<:.i'"�:.� ... �Coplas of the' complete ordinance,are evailable in.the, Clry�Clerlfs`Offlee"in'Room No. 1.af Cfry'�HelI;�990:Pelm' at which the annexed cli uz is a true rinted co was svee�;Foi mbre irrformation,' pp� J P PY� conmct;Ne,;,Commuplry, De-' published in the above-nrmed news a er and not in an �eiovme�e Depertment at P P Y �ata�az.� ..<°.,•:.� . . Dfana R.Gladwell,:Ciry Clerk�=�- supplement thereof — on the following dates, to-wit: � .�,,;,.. cmrcouNciL::;:, 1.' d� P.UBLICHEARING.' � TpANSPORTATION 1�27 DEVELOPMENT�:: •: •, ':� . �IMPACiFEES:•.'�.:••... ''„On Suesday,;F.ehruery 1, '1994,'.the�San_Lui; Obispo. . • ICIry�Counoil�wlll hold e'puDllc; heering'� baglnning,at4r7:00� p.m.Jn.the�Councll Chambars, of CIty.Hall„99Q,PaIm.Street,�, that scud newspaper was duly and regularly ascertained co,'conside,;�implamantirig' Trenspoitation`Davalopmant �d established a newspaper of general circulation by Impact.feas calculeted undec:. the�standqrds,of AB�1600.with: Decree entered in the Superior Court of San Luis Obispo e:�[Beommandedt fea„for�'as single'�famlly='iesidence:�of� County, State of California, on June 9, 1952, Case #19139 sL180,w'K��fees, for�non- under the provisions of Chapter 1, Division 7, Title of the resident�81.'�'.Projects:;�entnei based�:on land:usa.typa,and;, SQu9f0�OOL8Q9.'9t,T;Y�'•,.r'.':.0 Government Code of the State of California. �-��n,is'..eaorc'is•evauabie;i�?, I the,�;�ity,:Clerk's:Office,:Rqom_; I certify (or declare) under penalty of perju:y that the ��oqmeu n please�rc'oniecc; foregoing is true and correct. ma,�.Fi�nce qeaamr�em::ai. . '781-7130.��:,:. ' I,�The.Ca,uncil,may.;also�dis; cuss:otliar�haflririgs`,orybusi- ;nessJtems bafoFe�or after'tAis' one7i�If`.You,1 chellange`-�this? � (Signature of Principal Clerk) �'actio�;in�cou[4zyQuTmey,�be. limited',�to yieising�only,�those: issueeyyo�:tor`sorneona'.else 'reisad��ef'_the�;pu�lfa�liearing�. �d'esCF�tied,ir{lthis�notica�•tidln� j��g 1�2� , 19 94 � �i4„vr,itter�co�respondance:deliv, �red�io,dlO.Cll}C:Coun�iCat;a�_ 'p�q�.ip;,Hig�pu6ltc:hearing.'.;k °DIaAe•R�:p,�Gledwell,CI,ry�C`IA�r.kC':'�.:• Y�IBI��YT•h. . ..' �.�'Y.1YTT• Page Two Your response must be received by the City of San Luis Obispo no later than October 2 to be included with other factual information provided to the City Council. Please send it to the attention of David Gray, Administration Department. If you know of others who may wish to comment, please assist us by passing on this request. Your cooperation in providing the best available information to the City Council is appreciated. Sincerely, John Dunn City Administrative Officer c. Jeff Jorgensen Ken Hampian David Gray JD:bw MOBLHM ��'�o Willow Creek Mobile Home Park� Willow Creek Mobile Home Park Valle Vista Mobile Home Park 3500 Bullock Lane � 3500 Bullock Lane 333 Elks Lane San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 - �sident, Tenant Association Owner/Manager President, Tenant Association 1e Vista Mobile Home Park Mathews Mobile Home Park Mathew's Mobile Home Park 333 Elks Lane 274 Higuera Street 274 Higuera Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Owner/Manager President, Tenant Association Owner/Manager Mission Trailer Park Mission Trailer Park San Luis Mobile Home Park 546 Higuera Street 546 Higuera Street 2994 S. Higuera Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 President, Tenant Association Owner/Manager President, Tenant Association San Luis Mobile Home Park Chumash Village Mobile Home Park Chumash Village Mobile Home 2994 Higuera Street 3057 S. Higuera Street Park San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 3057 S. Higuera Street San Luis Obispo, CA 93401 Owner/Manager President, Tenant Association Owner/Manager Rancho San Luis Mobile Home Park Rancho San Luis Mobile Home Park Silver City Mobile Home Park 3395 S. Higuera Street 3395 S. Higuera Street 3860 S. Higuera Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 President, Tenant Association Owner/Manager President, Tenant Association Silver City Mobile Home Park Creekside Mobile Home Park Creekside Mobile Home Park '0 S. Higuera Street 3960 Higuera Street 3960 Higuera Street ..an Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Owner/Manager President, Tenant Association Owner/Manager Oceanaire Mobile Home Park Oceanaire Mobile Home Park Colonial Manor Mobile Homes 1121 Orcutt Road 1121 Orcutt Road 1255 Orcutt Road San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 President, Tenant Association Owner/Manager President, Tenant Association Colonial Manor Mobile Homes Laguna Lake Mobile Estates Laguna Lake Mobile Estates 1255 Orcutt Road 1801 Prefumo Canyon 1801 Prefumo Canyon � San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Owner/Manager President, Tenant Association Village Mobile Home Park Village Mobile Home Park 145 South Street 145 South Street john\mblhom.lst San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 !�� .,G..�y.. . .,,......... 605 Eman Court" P.O. Box 15178 100 N. Hope Avenue, Ste. 1 Arroyo Grande, CA 93420 Long Beach, CA 90815 Santa Barbara, CA 93110-1686 Bill Dermody Glen Johnston AI Tate 1150 Osos Street, Ste 202 1595 Los Osos Valley Rd P.O. Box 2159 San Luis Obispo, CA 93401 Los Osos, CA 93402 Avila Beach, CA 93424 Dennis Law Jim Buttery Ed Evans P.O. Box 730 P.O. Box 730 1055 Ortega Way, Unit B San Luis Obispo, CA 93406 San Luis Obispo, CA 93406 Placentia, CA 92670 William & Dolores Wilson Randy High Claremore Fenderson 3825 Valley Blvd. 1300 County View Drive 29994 Orange Street Walnut, CA 91789 Modesto, CA 9535-9641 Shafter, CA 93263 Bobby Anderson Silver City Mobile Lodge Dick Geluk 11023 North Creek Road Bill Moody 5024 Nerill Street Ojai, CA 93023 3860 S. Higuera Street " Torrance, CA 90503 San Luis Obispo, CA 93401 Pat Fleming Don Smee mblhom2.lst 3960 S. Higuera Street 1760 Alrita Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 ��O ,. r�i�hl[G��r�� i�C i w�p�j ��'�� ', � �j � � ��t�w��ff��p��'��I°� �� E�� i � � ifs��p �� i �� . �� G� �� „ �� g��:a �� m��=�,��,��.,�_�..;�� mmw�,w ��;� 990 Palm StreetlPost Office Box 8100 • San Luis Obispo, CA 93403•8100 September 21, 1992 Dennis Law Andre, Morris and Buttery P.O. Box 730 1304 Pacific St. San Luis Obispo, CA 93406 Re: Proposed Amendments to the Mobile Home Park Rent Stabilization Ordinance Dear Mr. Law: On September 15 , 1992 , at a regular City Council meeting, the City Council considered proposed amendments to the Mobile Home Park Rent Stabilization Ordinance concerning rent increases upon change of ownership and certain other exemptions. (A copy of the Council agenda report is enclosed for your information. ) After reviewing the report, public testimony, and written submittals, the Council continued the item to the October 20, 1992 City Council meeting for further action. Staff was directed to solicit additional input from the public, including information necessary to document findings for implementation of vacancy controls, as well as to identify impacts of continuing the exemptions for parks with 66. 67% of spaces under lease agreements, and parks with condominium ownership. I would greatly appreciate it if you would submit any additional information or analysis you may wish to provide on these issues to my office by october 2 , 1992 , so that it may be included with the October 20th agenda report. I would also appreciate it if you would assist the City in forwardinq this request to other interested persons or parties you may know of who may wish to comment on the issue. If I may be of further assistance to you in any way, please feel free to contact me at your convenience. Sincerely, k� re G. o� �nsen City A'�to ��r �� John Dunn Ken Hampian David Gray /�- 9 ��w��M��.P��r��'�1��pi�"� �� `�aC��l�l��ai��'��' � �,��p� � �.�, � ,�6 � _ � ��, � �� .�� ==:� 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403•8100 �� 4 September 21, 1992 M1. C. Brent Swanson Swanson & Dowdall Attorneys at Law P.O. Box 2504 4 Hutton Center Dr. , Suite 200 Santa Ana, CA 92707-0504 - Re„ Proposed Amendments to the Mobile Home Park Rent Stabilization Ordinance Dear Mr. Swanson: On September 15, 1992 , at a regular City Council meeting, the City Council considered proposed amendments to the Mobile Home Park Rent Stabilization Ordinance concernirig rent increases upon change of ownership and certain other exemptions. (A copy of the Council agenda report is enclosed for your information. ) After reviewing the report, public testimony, and written submittals, the Council continued the item to the October 20, 1992 City Council meeting for further action. Staff was directed to solicit additional input from the public, including information necessary to document findings for implementation of vacancy controls, as well as to identify impacts of continuing the exemptions for parks with 66. 67% of spaces under lease agreements, and parks with condominium ownership. I would qreatly appreciate it if you would submit any additional information or analysis you may wish to provide on these issues to my office by October 2 , 1992, so that it may be included with the October 20th aqenda report. I would also appreciate it if you would assist the City in forwardinq this request to other interested persons or parties you may know of who may wish to comment on the issue. If I may be of further assistance to you in any way, please feel free to contact me at your convenience. Sincerely, •- �,-- �� r�, ,�� x��;� Ci y Atto�: ey c: John Dunn Ken Hampian David Gray /A�/D � MOBILE HOME PARKS IN THE CITY OF SAN LUIS OBISPO Park Address Spaces 1. Chumash Village 3057 S. Higuera Street 237 2. Colonial Manor 1255 Orcutt Road 64 3. Creekside 3960 S. Higuera Street 215 4. Laguna Lake 1801 Prefumo Canyon 296 5. Mathews 274 Higuera Street 28 6. Mission 546 Higuera Street 33 7. Oceanaire 1121 Orcutt Road 69 8: Rancho San Luis 3395 S. Higuera Street 102 9. San Luis 2994 S. Higuera Street 17 10. Silver City 3860 S. Higuera Street 300 11. Valle Vista 333 Elks Lane 22 12. Village 145 South Street 74 13. Willow Creek 3500 Bullock Lane' 82 TOTAL 1�537 dg\mhom.tab 10/92 ATTACHMENT 2 ��-�/ 5.44.090 Application for rent ad justment—Evaluadon— Relevant factors. 5.44.100 Applir�tion for rent ad justment—Hearing— Determiriadon. 5.44.110 Application for rent ad j ustm en t—Hearin g—A p peal. 5.44.120 Rent increases not made ia conformity with pro�zsions— Teaant's right to refuse to pay. 5.44.130 Actions brought to recover possession of mobile home spAce—Retaliatory eviction �ounds for denial. 5.44.140 Owner to provide teaants r+�th copy of this chapter. � 5.44.141 Amendment. 5.44.142 Severability. •Priorhistory.Ords.923,1020,l077,J079,and 1091;priorcode§§ 4800 throueh a8p2,4804 through 4809 and 481 I throueh 4813. �° 5.44.010 Purpose and intent. ,... ._ ...µ . IT . . _ _ . Chapter 5.44 A. There is present]y within the city and the . surrounding areas a shortage of spaces for the MOBII.E HOME PARK location of mobile homes. Because of this short- RENT STABILIZATTON* age, there is a very low vacancy rate, and rents have becn for several ycars, and are prescntly, Sections: rising rapidly and causing concern among a sub- 5.44.OI0 Purpose and intent. �u� numbcr of San Luis Obispo residcnu. 5.44.020 Defiaidons. B. Mobile bome tenanu,forced by the lack of 5.44.030 Exemptioas. suitable alteraative housing, have had to pay the �5.44.040 Mobile home park owner� �,�� a��"��„��- exemptions under Section ' �,��,��y�a� T,M�,��`��,t�a 5.44.030 ...� �".-0a. , . (�� , ��,�,s� �f`�h� �ai� ��t ��r�d, i��;��c- h' S.44.050 �ty council—Powers and' ��i�^��'�aa�vu�a�Aa��r��hr�z��s,��t��:ti�:1 : . duties: .: .; �"+�r ��d��"4��I�� t��a°��`�°�mk;��i� r��a��°��. - � 6 .. Base space rent— . . ' - �a,��t� �� t��rt�� i��ll�ti��. ��" ��roa�� Determiastion—Allowable � ��y�c�, ar��`�r�t�� ,�� " �a�� :d' ��t� increases without hearing. pnp�tion,the lack ofalternative homaites for 5.44.070 Applicstion for rent mobile home residents, and the substantial adjustment—Fee—Contents— investment of mobile home owners in such Notice of request—Hearing. homa, this council finds and declares it neces- 5.44.080 APPlication for rent to ��,�� ,�,,,�� ,�� '�� u��"� mobile homes from unreasonable rent increases, hearing. (Su�Lui:Obispo 7.89) 134 ATTACHMENT 3 • " �/�-/�, �.44:U1U while at the same rime recognizing the need of within a mobile home park pursuant to park owners to receive a suitable profit on their ownership of the mobile home or under a rental property with rental income sufficient to cover or lease agreement with the owner of the mobile increases in costs of repair, maintenance, insur- home. ance, utilities, employee services, additional E. "Rehabilitation work" means any renova- amenities, and other costs of operation, and to tion or repair work completed on or in a mobile receive a fair return on their property. home paric performed in order to comply with D. This council finds that the present low the direction or order of a public agency or public vacancy rau and frequent rent increases aze par- utiliry, or to maintain existing improvemenu in ticularly hard upon and unfair to residents of a safe and usable condition, or to repair damage mobile home parks within the ciry. Large num- resulting from fire, earthquake or other casualty. bers of these residents are senior citizens and F. "Space rent" means the consideration, others on fixed incomes who installed their inciuding any security deposits, bonuses, bene- mobile homes in the city when the present infla- fiu or giatuities, demanded or n�ceived in con- tionary rent increases could not reasonably have nection with the use and occupancy of a mobile been foreseen. home space in a mobile home parlc, or for hous- E. However, this council recognizes that a ing services provided, but exciusive of any rent stabilization ordinance must be fair and amount paid for the use of a mobile home dwell- equitable for all parties and must provide appro- ing unit . priau incentives for mobile home park operators G. "Change of ownership" mcans the sale, to continue their parics profitably, as well as to rental transfer, or exchange of a mobile�home attract additional investors for new parics. (Ord. subject to the provisions of this ct�apter, except- 1117 (part), 1988) ing the transfer to tenant's spouse by gift,bequest or devise. 5.44.020 Definidons. H. "Hearing officer" means the duly For the purpose of this chapter, certain words appoinud hraring o�'icxr selected from a panel � and phrases ased herein are defined as follows: of qualified hearing of�'icers. A hearing officer A. "Capital improvemenu" means those shali have no financial interest in either a mobile improvemenu, not previously located in the home park or a mobile home nor have been a mobile home park, that materially add to the resident of nor reside in a mobile home park. value of the property and appreciably prolong iu I. "Appellate panei" means a panel of three useful life or adapt it to new uses,and which may qualified hearing of�'iceis. A panelist shall have be amortized over the useful life of the improve- no financial interest in either a mobile home ment in accordana with the Internal Revenue park or a mobile home nor have been a resdent Code and regulations issued pursuant thereto; of nor reside in a mobile home paric. . provided, that this definition shall be limited to J. "CPI" means the Consumer Price Index " capital improvements approved by more than (1967 *� 100) All Items, All Urban Consumers, fifty percent of the tenants in the affected park. for the Los Angeles/Long Beac�/Riverside stan- B. "Mobile home park" means an area of d.ard metropolitan statistiral area published by land which renu spaces for mobile home dwell- the Bureau of Labor Statistics, United States ing uniu. Department of Labor. If the CPI is not hercafter C. "Mobile home park owner" or "owner" published,then any substitute index, or, if none, means the owner, lessor, operator or manager of then the index most cioseiy resembling the CPI a mobile home pazic. shall become the new CPI. D. "Mobile home tenant"or"tenant"means K. "Qualified Hearing Officer." The city any person entitled to occupy a mobile home administrative o�icer shall maintain a list of 135 cs.p�.,�,ob��.a9> /A-/3 5.44.030-5.44.040 available qualified hearing officers. Qualified with the city clerk a statement setting forth the hearing officen shall be persons expenenced in basic facts upon which the claim for exemption financial and accounting methods with knowi- �,suci�as total number of spaces, number on edge of inediation process and rules of evidence. long-term leases, identiry of spaces on long-term (Ord. 1117 (part), 1988) leases, expirauon date for each long-term lease and any other information determined necessary 5.44.030 Exempdoas. by the city administrative officer to evaluate the The provisions of this chapter shall not apply ciaim. to the following tenancies in mobile home pazks: 2, The statement shall inciude a listing, by A. Mobile home pazk spaces rented for non- space numbtr and name,of each tenant not on a �d�� long-term lease and who would be affected by the B. Mobile home parics managed or operated claim of exemption. In addition, the owner shall by the United Stata Government, the state of provide proof of service that all tenants have California, or the county of San Luis Obispo; �n notified of the claim of exemption and of C. Tenancies whicf� do not exceed an occu- �e fact that a tenant may file an objection within pancy of twenty days and which do not contem- �m, �ys, plate an occupancy of more than twenty days; 3. The statemenu required to be filed above D. Tenancies for which any federal or state shall be confidential and not public records law or regulation specifically prohibiu rent reg- unless and until a hearing ot�icer determines oth- ulation, erwise as necessary to conduct a hearing as set„ E. Tenancies covcred by leases or contracts forth in subsections(D) or(F) of this section. which provide for a tenancy of more than a year, g, An objection to the claim of excmption but only for the duration of such lease or con- may be filed with the ciry clerk within thirty days � tract Upon the expiration of or other termina- after the noticx of ciaim hat been served. The tion of any such lease or contract, this chapter objection shall state the�ounds ofthe objection. shall immediately be applicable to the tenancy. '�e only acccptable grounds for objection is that No reat increases other than that allowed under the owner in fact does not have two-thirds of the the provisions of the lease shall be allowed during spaces in the park on long-term lea.ses the duration of such a le�se or contract. C. If an acxeptabie and timely objection is F. Spaces in a mobile home park in which at �� e owner and the tenant(s) filing the least 66.67 percent of said spaces are governed by objection shall meet and confer to negotiate in a lease with an initial term of more than one year; g�faith and attempt to reac�an agreement If G, Mobile home parks wluch sell lots for fac- no agreement is reached within thirty days of the tory-built or manufactured housing, or which date of filing of the objection, the owner shall provide condominium ownership of such lots, within ten days notify the city administrative even if onc or more homes in the development officer that an agreement or resolution to the ° are rented or leased out. (Ord. 1117 (part), 1988) objection has not been reached. The city admin- istrative officer shall proceed to select a hearing 5.44.040 Mobile home park ow�ner of$cer as set forch in Section 5.44.070(E). � exempdons under Section D. The hearing officer shall set and conduct a 5.44.030(F�. hearing as set forth in subsections(E) and(G)of A. Any mobile home paric owner ciaiming an �on 5.44.070.The hearing of�icer shall deter- exemption under Section 5.44.030(�shall com- �ne whether the ciaim of exemption is valid, ply with the following requirements and pro- �ng into aecount all relevant evidence, facLs �� w ��l �ir�� nec 1. Such mobile home azk owner shall file �rY �� come to a �� P sion. �s.o�oa��.a9� 136 /,�-/� 5.44.050-5.44.060 E. The hearing officer's charges shall be shall be the space rent designated in leases paid by the city. for comparable spaces. A schedule of current F. An appeal may be taken from a decision rents in the park shall be posted in a conspic- of the hearing officer as set forth in Section uous place in the park. 5.44.110,including the obligation for the costs B. Except as otherwise provided in this of the appellate panel as set forth in subsec- chapter, the maximum monthly space rent tion (D) thereof. (Ord. 1146 § 1, 1989) may be increased no more than once a year based on the percentage change in the CPI, 5.44.050 City council—Powers and or nine percent, whichever is less, calculated duties. as follows: Within the limitations provided by law and 1. The maximum monthly space rent may in addition to any other powers and duties be increased at a rate equal to one hundred the council has, the city council shall have percent of the CPI up to five percent and the following powers and duties: seventy-five percent of the CPI in excess of A. To meet from time to time as required five percent calculated as follows: to receive, investigate, hold hearings on, and a. The change in space rent shall be calcu- pass upon the issues relating to mobile home lated by dividing the ending CPI index by the park rent stabilization as set forth in this beginning CPI index. chapter; B. To direct staff to make or conduct such b. If the resulting quotient is less than 1.05, independent hearings or investigations as then it shall be multiplied by the space rent. may be appropriate to obtain such informa- The resulting product shall be the new space tion as is necessary for the council to carry rent. out its duties; c. If the resulting quotient is greater than C. To adopt, promulgate, amend and re- 1.05,then the difference between the resulting scind administrative rules,as it deems appro- product and 1.05 shall be multiplied by priate to effectuate the purposes and policies seventy-five percent. The resulting product of this chapter. (Ord. 1117 (part), 1988) shall be multiplied by the space rent and that product shall be added to the sum derived 5.44.060 Base space rent— from Section 5.44.(}60(B)(1)(b)above. The sum Determination—Allowable shall be the new space rent. increases without hearing. d. The beginning CPI index shall be the . A. The "base space rent" for purposes of index for the month used as the ending index this chapter shall be the monthly space rent for the last CPI adjustment. charged as of March 15, 1982 plus any in- e. The ending CPI index shall be the index creases otherwise allowed, pursuant to this for the xnonth twelve months after the begin- chapter. The maximum monthly space rent ning index. for any space under a lease, upon expiration 2. At least every two months the city ad- of the lease, shall be no more than the rent ministrative officer shall publish, by means cllarged in the la5t month of said lease. In of an advertiserrient or similar notice in the parks where there is an exemption because newspaper, the percentage change of the CPI 66.67 percent of the spaces axe governed by a allowed under this subsection B for the lease with an initial term of no less than one twelve-month period immediately preceding year, then the maximum monthly space rent the month for which CPI information has been 136-1 (San Luis Obispo 7=91) /�-!S� 5.44.060 most recently published by the appropriate home park. No rent shall be imposed or col- federal agency. lected in excess of the provisions of said list. - 3. It is the intention of this subsection B to D. No owner shall either (1) demand, ac- allow for automatic increases in space rent cept or retain a rent of or from a tenant in based on changes in the cost of living as mea- excess of the maximum rent permitted by this sured by the CPI. The limitations on such chapter, or (2) effect a prohibited rent in- increases are intended to minimize the im- crease by a reduction of general park facili- mediate impact drastic changes in the CPI ties and services. However, an owner may modify the nature of park services if reason- might have on residents. The limitations are able allowance is provided to the tenant. For not intended to prevent ultima�e adjustments example,if the owner elects to submeter water to allow owners to receive a fair return on so that tenants pay for water consumed by their property. thern,then tenants shall receive a reasonable C. The maximum monthly space rent of a reduction from their base space rent. tenant may be increased by the owner when E. Space rent may be automatically ad- there is a change of ownership affecting a justed based on increases in expenses for mobile home. Provided, however, it shall be common area utilities, new government- unlawful and a violation of this chapter for mandated services, garbage service and cable an owner to intentionally and willfully in- television, where applicable. The space rent crease the monthly space rent of a tenant may be adjusted by dividing the total increase above the fair market rent in the community in any such expenses incurred during a for the purpose of forcing the tenant to sell twelve-month period by twelve, less the per- centage in the CPI index for the twelve-month his mobile home to the owner, his agent, or period. The quotient shall be allocated to the representative. The owner shall uee normnl space rent for each space in the park based on and prudent business practices in establishing the amount the space rent relates to total the new fair market rent amount for each space rent for the park. Notice of the increase space. The city council recognizes that the ad shall be in writing and shall be given as re- hoc establishment of a fair market rent quired by law no less than sixty days prior to amount for any given space whenever there any such increase being effective. The notice is a change of ownership affecting a mobile shall state the amount of the rent increase, home thereon can lead to favoritism, discrim- the new space rent, the amount of the total ination, evasion of the rent stabilization or- increase in expenses and the nature of the dinance, and substantial economic uncer- expense.A copy of the notice shall be given to tainty for both buyers and sellers of mobile the city administrative officer. The city ad- homes. Therefore, the owners of each mobile ministrative officer shall have the authority home park shall once,and not more than once to resolve questions regarding computation at the beginning of each calendar year, post of the space rent increase based on this sec- for each space in the park the new fair market tion. There shall only be one such increase in rent amount which will be established upon any twelve-month period. (Ord. 1173 § 1, 1990; Ord. 1167 § 1, 1990; Ord. 1146 § 2, 1989; Ord. the change of ownership during that calendar 1117 (part), 1988) year for the mobile home situated upon any �,��°�. ��:�. '�';�� a��:� ��.1� ��z+�� said list to the city clerk, and shall post a copy of said list in the office of the mobile (San Luis Obispo 7-91) 136-2 /�~/Y� 5.44.070 5.44.070 Application for rent the application objected to and shall state the adjustment—Fee—Contents— grounds of the objection. Notice of request—Hearing. 1. A copy of an objection filed by an owner A. Except for automatic increases in base shall be mailed to each of the designated rent allowed under Section 5.44.060,an owner tenant representatives. or tenant may file with the city clerk an ap- 2. A copy of an objection filed by a tenant plication for a rent adjustment("application"). shall be mailed to the owner. The tenant's The application shall state the amount of objection shall designate not more than three the adjustment for each space affected and persons to act as representatives for the ob- the reasons for the adjustment. jecting tenants. The objection must be accom- 1. An application shall be accompanied by panied by a statement containing the names the payment of a fee as may be established and addresses of tenants representing no less from time to time by the council. than fifty-one percent of the spaces affected 2. An application filed by an owner shall by the owner's application and verifying that be accompanied by a statement that the they object to the application, established by tenant for each space affected has been served secret ballot election. either personally or by mail with a notice de- C. If no objection is �led to an application scribing the application and the change in �'ithin the time allowed, or if less than fifty-one percent of the tenants support an rent or services. objection to an application, then the applica- 3. An application filed by a tenant shall be tion will be automatically granted. accompanied with a statement stating that D. If an objection is filed within the time the owner has been either personally or by provided, then the owner and the tenant rep- mail served with the application and with a resentatives shall meet and confer to nego- statement designating not more than three tiate in good faith an agreement regarding persons to act as representatives for the spaces the application. Either party may request a affected and containing the names and ad- mediator of their choice to assist in the nego- dresses of tenants representing no less than tiations, but this is not required. If an agree- fifty-one percent of the spaces affected by the ment is reached within sixty days, then the application and supporting the application tenant representatives shall notify all ten- and established by a secret election. ants affected by the agreement. The tenants 4. A statement shall accompany the appli- shall have ten days to approve or disapprove " cation and shall notify the receiving party of the agreement. If tenants representing a that he/she has thirty days to file an objec- majority of the spaces affected fail to disap- tion and if one is not filed within the time prove of the agreement then the agreement allowed,then the application will be automat- shall be binding on the owner and all tenants ically granted. affected. The city clerk shall be notified that B. An objection to the application may be an agreement has been reached. The state- filed with the city clerk within thirty days ments made in negotiations and any agree- after the notice of application has been served. ments reached but not approved shall not be The objection shall identify the portions of admissible in any subsequent hearings re- garding the application. E. If the owner and the tenant representa- tives fail to reach an agreement within the 137 (San Luis Obispo 7-91) /A/r 5.44.070 time provided or if a majority of the tenants ° disapprove of an agreement reached,then the applicant shall within ten days notify the city administrative officer that an agreement has not been reached, The city administrative of ficer shall obtain a list of no less than five qualified hearing officers. Owners and ten- ants may each delete one person from the list of qualif ed hearing officers within seven days and one of the remaining persons shall be selected by the city administrative officer as the hearing officer. Appointment of the hearing officer shall be completed no later than twenty-one days after filing of the no- tice that an agreement has not been reached. F. The hearing officer shall set a hearing on the application complying with the require- ments of this section no less than ten days and no more than thirty days after his ap- pointment. The hearing officer shall notify the owner and tenants,in writing,of the time, place and date set for the hearing.No hearing or any part thereof may be continued beyond thirty days after the initial hearing date, without the applicant's consent.If the hearing officer approves an application as requested or as modified, the same shall take (San Luis Obispo 7-91) 138 /�l0 5.44.080-5.44.090 effect as noticed by the owner or as the hearing A. In applying the foregoing factors.the hear- officer may otherwise direct. (Ord. 1117 (part), ing of�icer shall utilize the maintenance of net 1988) ' operating income (MNOI) formula. Under the MNOI allowable gross-rents are calculated as 5.44.080 Application for reat adjustment— follows: all operating expenses for the twelve- Conduct of hearing. month period ending December 31, 1981 are sub- A. All review hearings conducted by the hear- tracted from all operating expenses for the ing o�cer shall be conducted in accordance with �elve-month period immediately preceding the the Ralph M.Brown Act,at Section 54950 et seq: �te of the application for which expense data is of the California Government Code and accord- available.In.the event operating expenses are not ing to the rules of the American Arbitration available for the period end.ing December 31, Association. 1981, then expenses for a twelve-month period B. All interested parties to a hearing may have reasonably close to December 31, 1981 may be assistance from an attorney or such other person substituted. The difference shall be added to as may be designated by the parties in presenting �oss annual rent based on rental rates in ef�ect evidence or in setting forth by argument their on March 15, 1982. The sum shall be the allow- position. All witnesses shall be sworn in and all able gross annual space rent.The allowable gross testimony shall be under penalty of perjury. space rent shall be fairly apportioned between all C. In the event that either the owner or the spaces in the park. The space rent determined tenant(s) should fail to appear at the hearing at under the MNOI formula shall be adjusted as the specified time and place, the hearing officer follows: may hear and review such evidence as may be 1. There shall be an adjustment to allow for presented and make such decisions as if all par- inflation calculated as follows: the net operating ties had been present. income(NOI) for the base period shall be calcu- D. Owner and af�'ected tenants may offer any lated by subtracting the park's operating testimony, documents, written declarations or expenses for the twelve-month period ending other relevant evidence. December 31, 1982,from the park's annual gross E. Formal rules of evidence shall not apply. space rent based on the space rent in effect on F.. Minutes shall be taken at all review hear- March 15, 1982. The CPI index for the month ings. (Ord. 1117 (part), 1988) most recently available prior to filing the applica- tion shall be divided by the CPI index for March, .5.44.090 Application for rent adjustment— 1982. The resulting quotient shall be multiplied Evaluation—Relevant factors. by the base period NOI.This shall be the adjusted � In evaluating the application the council may NOI. The operating expenses for the twelve- ' consider,along with all other factors it considers month period immediately preceding the date of relevant,changes in costs to the owner attributa- the application for which information is avail- ble to increases or decreases in master land and/ able shall be added to the adjusted NOI.The sum or facilities lease rent, utility rates, property shall be the inflation-adjusted gross space rent. taxes, insurance, advertising, variable mortgage The allowable space rent shall be the greater of interest rates,employee costs, normal repair and the space rent calculated using the MNOI for- maintenance, and other considerations, includ- mula and the space rent adjusted for inflation. ing, but not limited�to, rehabilitation work, cap- 2. In calculating MNOI there shall be an ital improvements, upgrading and addition of adjustment to the gross space rent in ef�'ect on amenities or services, net operating income, and March 15, 1982, if the hearing of�'icer determines the level of rent necessary to permit a just and that the gross space rent in effect on that date did reasonable retum on the owner's property. (38-1 (San Lws Obispo 7-881 �A-�9 5.44.100-5.44.1 10 not allow the owner to receive a just and reason- 5,44,110 Appliration for rent adjustment— able return on his property. Hearing—Appeal. 3. If the hearing of�icer concludes that the A. Any appeal from a decision of the hearing MNOI formula, and the adjustments thereto, of�icer shall be filed with the city clerk. The does not provide a just and reasonable return to appellant shall also mail a copy of the appeal to the owner, then the hearing officer may apply �e responding party. The appeal shall state the any reasonable formula, including a return on grounds on which it is based.An appeal filed by a investment, a retum on fair market value, or tenant shall be accompanicd by a statement con- return on equity,to determine a space rent which ��ng the names and addresses of the tenants will allow the owner to receive a fair and reason- supportin the a eal. The a able retum on his property. g pp PPeal must be sup- ported by at least fifty-one percent of the tenants B. The hearing officer shall not consider af�ected by the appeal. income arising from spaces leased in the park D. Upon filing of a valid appeal, the city pursuant to Section 5.44.030E of this chapter. administrative officer shall obtain a list of no less Likewise, the hearing officer shall not consider a than seven qualified hearing of�icers. The hear- pro rata portion of the expenses of park opera- ing of�icer who previously acted shall not qualify. tion attributable to the leased spaces. (Ord. 1117 Owners and tenant representatives may each �p�� 1988� delete one person from the list of qualified hear- ing o�icers within seven days, and three of the 5.44.100 Application for rent adjustment— remaining persons shall be selected by the city Hearing—Determinadon. administrative officer as the appellate panel. A. The hearing of�icer shall make a final deci- Appointment of the appellate panel shall be sion no later than twenty days after the completed no later than twenty-one days after conclusion of the hearing. The hearing of�icer's filing the appeal. decision shall be based on the preponderance of C. At the time set for consideration of the the evidence submitted at the hearing. The deci- appeal, the appellate panel shall review and con- sion shall be based on findings. All parties to the sider the record of the hearing officer's hearing as hearing shall be advised by mail of the hearing well as the decision and finding of the hearing of�icer's decision and findings. officer. After review and consideration, the B. Pursuant to his findings,the hearing of�icer appellate panel may either (1) determine that a may: further hearing shall be held, or (2) ratify and 1.� Permit the requested adjustment to become adopt the decision and findings of the hearing effective, in whole or in part; or of�icer. If a further hearing is conducted, the 2. Deny the requested adjustment; or appellate panel may, upon conclusion of that •3. Permit or deny, in whole or in part, hearing and in no event more than thirty days requested reductions of, or charges for, facilities thereafter, modify or reverse the decision of the or services. hearing of�icer, only if the appellate panel finds C. Any decision of the hearing officer shall be that there has been an abuse of discretion or that final unless, within fifteen days after mailing of there is no substantial evidence to support the the decision and findings, the owner or any hearing of�icer's decision. The appellate panel's affected tenant appeals the decision. decision shall be final and no appeal may be D. The hearing officer's charges shall be paid taken to the council. h�v the �ity; �+�r�,, 1��' C,�� )_ �. �� 'C� ��, t�� ,��t� �� , cessful, then that party shall pay the appellate (San Lws Obispo 7•881 1 38-� /�� 5.44.120-5.44.142 panel's ch�r��s. If the re�par��,,��nsuc- action was brought in retaliation for the exercise cessful, th�n both parties�c��h�� share of any rights conferred by this chapter shall be eq��l''� in payment of the appellate panel's grounds for denial. (Ord. 1117 (part), 1988) ch,�r��. (Ord. 1117 (part), l9gg) 5.44.140 Owner to provide tenants with copy 5.44.120 Rent increases not made in of this chapter. conformity with provisions— Any tenant offered a lease or contract which if Tenant's right to refuse to pay. accepted and fully executed would be exempt A tenant may refuse to pay any increase in rent from the provisions of this chapter (Section not made in conformity with this chapter. Such 5.44.030E) shall at the time of the offer also be refusal to pay shall be a defense in any action provided with a copy of this chapter. (Ord. 1117 brought to recover possession of a mobile home (part), 1988) space or to collect the rent increase. (Ord. 1117 (part), 1988) 5.44.141 Amendment. The provisions of this chapter may be 5.44.130 Actions brought to recover amended by a majority vote of the city council. possession of mobile home spac� (Ord. 1117 (part), 1988) Retaliatory eviction grounds for denial. 5.44.142 Severability. Notwithstanding Section 5.44.120, in any If any portion of this chapter is found to be action brought to recover possession of a mobile invalid,then that shall in no way af�'ect ttie valid- home space, the court may consider as grounds ity of the remaining portions of this chapter. for denial any violation of any provision of this (Ord. 1117 (part), 1988) chapter. Further, the determination that the 138-3 isa� ��,5 ob�sPo�_ss� , ��'��