HomeMy WebLinkAbout02/02/1988, 5 - BALLOT MEASURES FOR THE JUNE 7, 1988, ELECTION p �p MEETING DATE:
City of San Luib OBISPO 2-2-88
CgYNCIL AGENDA REPORT ITEM NUMBER: 01
FROM: P es, City Clerk
SUBJECT:
Ballot Measures for the June 7, 1988, Election
CAO RECOMMENDATION:
A) Adopt resolution(s) (Measures A & B) calling the election and approving placement
of two ballot measures for the June 7, 1988, State-wide Primary Election; and B)
adopt resolution consolidating the Special Municipal Election with the State-wide
Primary Election.
BACKGROUND:
The State-wide Primary Election is conducted by the County and includes the
races for Federal, State and County-wide offices including the Presidential and
Supervisorial races. It also includes any measure(s) placed by the Board of
Supervisors or measures qualified by initiative.
At the Council meeting of Monday, January 25 the Council directed staff to
place two binding measures on the June 7 ballot, specifically: 1) the
Mobilehome Ad Hoc Committee's recommended amendments to the existing mobilehome
rent regulations; and 2) the proposed initiative ordinance establishing new
mobilehome rent regulations.
The resolution consolidating the election allows the city to combine its
election with the State-wide Primary Election and avoids duplication of
printing and mailing of sample ballots, computer tabulation, precinct workers
and canvassing the results. Requirements called for by the City's Campaign
Election Regulations will be performed by the City. This will include separate
advertising and filing requirements in addition to those mandated by the
State. The majority of the advertising and notices required by the State's
Election Code will also be performed by the City. All filings, i .e. Conflict
of Interest, State and City financial reporting, will be handled through the
City Clerk's Office.
ALTERNATIVES:
1 . Adopt resolution(s) calling and consolidating the election - Recommended
(Section 5 allowing rebuttal arguments is optional) .
2. Failure to adopt the resolution(s) by February 2 will defer any ballot
measure until the November 8 election.
CONCURRENCES:
City Attorney and City Administrative Officer
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= COUNCIL AGENDA REPORT
FISCAL IMPACT:
$8,000 is anticipated to conduct the 1988 election for one to four ballot measures.
Several factors will impact election expenditures.
1. The number of measures, initiatives or referendums placed on the ballot by
all entities, i.e. City of San Luis Obispo, County (Board of Supervisors
and other cities) , State measures.
2. Number of candidates who have filed for office including the Board of
Supervisors, Assembly, Senate and Presidential .
RECOMMENDATION:
A) Adopt resolution(s) calling the Special Municipal Election to be held
Tuesday, June 7, 1988; and B) adopt resolution requesting the San Luis Obispo
County Board of Supervisors to consolidate the Special Municipal Election on
Tuesday, June 7, 1988, with the State-wide Primary Election.
ATTACHMENTS: Draft resolution(s) calling election and placing measures
Draft resolution consolidating election
Calendar for Filing Arguments, Rebuttals and Impartial
Analysis to Measures and procedures
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ELECTION II (consolidate)
5-2�
J.
RESOLUTION NO. ( 1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, JUNE 7 , 1988, AND TO BE
CONSOLIDATED WITH THE STATE-WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED
ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS
WHEREAS, the Charter of the City of San Luis Obispo and state law
provide for the City Council to place an ordinance before the voters for
consideration; and
WHEREAS, the City Council desires to submit to the voters at the
election a question relating to mobilehome rent regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1 . There is hereby called and ordered in the City of San Luis
Obispo, State of California, on Tuesday, June 7, 1988, a Special Municipal
Election of the qualified electors of the city, to be consolidated with
the Statewide Primary Election, to vote upon an ordinance to establish
mobilehome rent regulations.
SECTION 2. That the City Council pursuant to its right and authority
does order submitted to the voters at the Special Municipal Election the
following question:
CITY MEASURE "A"
Shall the Mobilehome Ad Hoc Committee' s YES Q
recommended amendments to the existing NO Q
Mobilehome Rent Regulations be adopted?
SECTION 3. That the proposed measure submitted to the voters is as
follows:
"BE IT ORDAINED by the People of the City of San Luis Obispo as
follows:
et EAN 014 b/#VANC4F Ta
W ImseopTF b 5-�
Resolution No. (1988 Series) Page 2
SECTION 4. The Proposition shall pass only if a majority of the votes
cast by voters for the proposed ordinance are "YES votes.
SECTION 5. That the City Clerk is authorized, instructed and directed
to procure and furnish any and all official ballots, notices, printed
matter and all supplies, equipment and, paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open continuously
from that time until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code
of the State of California.
SECTION 7. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for provided
by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election
is given and the City Clerk is authorized. instructed and directed to give
further or additional notice of the election. in time, form and manner as
required by law.
SECTION 9. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
On motion of seconded by
and on the following roll call vote:
5--4
Resolution No. (1988 Series) Page
3
g
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1988.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAM VOGES
* : s
f :. APPROVED:
l
ity A ministrative Officer
City A or
Ci y Clerk
RESOLUTION NO. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, JUNE 7, 1988, AND TO BE
CONSOLIDATED WITH THE STATE-WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED
ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS
WHEREAS, the Charter of the City of San Luis Obispo and state law
provide for the City Council to place an ordinance before the voters for
consideration; and
WHEREAS, the City Council desires to submit to the voters at the
election a question relating to mobilehome rent regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. There is hereby called and ordered in the City of San Luis
Obispo, State of California, on Tuesday, June 7, 1988, a Special Municipal
Election of the qualified electors of the city, to be consolidated with
the Statewide Primary Election., to vote upon an ordinance to establish
mobilehome rent regulations.
SECTION 2. That the City Council pursuant to its right and authority
does order submitted to the voters at the Special Municipal Election the
following question:
CITY MEASURE "B"
Shall the proposed initiative ordinance YES=
establishing new mobilehome rent regulations NO
be adopted?
SECTION 3. That the proposed measure submitted to the voters is as
follows:
"BE IT ORDAINED by the People of the City of San Luis Obispo as
follows:
S-Co
RESOLUTION NO. ( 1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, JUNE 7, 1988, AND TO BE
CONSOLIDATED WITH THE STATE-WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED
ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS
WHEREAS, the Charter of the City of San Luis Obispo and state law
provide for the City Council to place an ordinance before the voters for
Consideration; and
WHEREAS, the City Council desires to submit to the voters at the
election a question relating to mobilehome rent regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1 . There is hereby called and ordered in the City of San Luis
Obispo, State of California, on Tuesday, June 7, 1988, a Special Municipal
_ Election of the qualified electors of the city, to be consolidated with
the Statewide Primary Election, to vote upon an ordinance to establish
mobilehome rent regulations.
SECTION 2. That the City Council pursuant to its right and authority
does order submitted to the voters at the Special Municipal Election the
following question:
CITY MEASURE "B"
Shall the proposed initiative ordinance YES
establishing new mobilehome rent regulations NO 0
be adopted?
SECTION 3. That the proposed measure submitted to. the voters is as
follows:
"BE IT ORDAINED by the People of the City of San Luis Obispo as
follows:
s-r
Ordi--ace of the City of San Luis Ob{--+o, CA. to establish
Mobile Home Rent Stabil. .tion
The People of the City of San Luis Obispo do ordain and enact as follows:
This Mobile Home Park Rent Stabilization Ordinance rescinds the Mobile Home
Park Rent Stabilization Ordinance Chapter 5.44.00 through 5.44.i40 along
with amendments for Section 5.44 Subsection 5.44.30 (E), Subsection 5.44.70
(B and C) Subsection 5.44.60 (B. 2), as well any and all City. Ordinances
which are inconsistent with this initiative Ordinance and replaces it with
the followings
Sections:
1. Purpose and intent
2. Definitions
3. Exemptions
4. Hearing Officer - Established
5. Duties of Hearing Officer
fi. Allowable increases - Allowable decreases - base space rent - determination
of current rent
7. Application for rent increase - descrease - fee - contents - notice of
request - hearing
8. Conduct of hearing - Application for rent increase - decrease
9. Evaluation - Relevant factors - Application for rent increase - decrease
10. Hearing - determination - Application for rent increase - decrease
11. Application for rent increase - decrease - hearing - appleal
12. Rent increases not made in conformity with provisions - homeowners right
to refuse to pay
1.3. Actions brought to recover possession of mobile home space - Retaliatory
eviction grounds for denial
14. Recreational vehicles as residences
15. Civil Remedies
16. Owner to provide homeowners with a copy of this ordinance
17. Safe Harbor
18. Vacancy decontrol
19. Severability
20. Miscellaneous
21. Majority vote needed to make changes in this ordinance
1 . Purpose and Intent
A. There is presently, within the City of San Luis Obispo and the surrounding
areas, a shortage of spaces for the location of mobile homes. Because of
this shortage there is a very low vacancy rate, and rents have been, for
several years, rising rapidly and causing concern among a substantial
number of San Luis Obispo residents.
B. Mobile home owners, forced by the lack of suitable alternative housing,
have had to pay the rent increases and thereby.suffer a further reduction
in their standard of living.
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C. Because of the high Cost and difficulty of moving mouile homes, the
potential for damage resulting therefrom,, the requirements relating to
the installation of mobile homes, including permits, landscaping and
site preparation,- the lack of alternative homesites for mobile home
residents, and the substantial investment of mobile home owners in such
homes, it is necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the same time recogniz-
ing the need of prudent park owners to receive a suitable return on
their investment, with rental income sufficient to cover necessary and
reasonable increases, including but not limited to, insurance, employee
expenses and additional amenities provided to residents.
D. It has been found low vacancy rates and frequent rent increases are
particularly hard on residents of mobile home parks within the City
of San Luis Obispo. Large numbers of these residents are senior cit-
izens and others on fixed incomes who installed their mobile homes in
the 'city when inflationary rent increases could.not reasonably have
been forseen.
E. It is recognized that a rent stabilization ordinance should be fair
and equitable for all parties. The Consumer Price Indexi(C.P.I.) as
a guide for a cost-of-living increase is incorporated in this ordin-
ance to accomplish that equitability.
2. Definitions
For the purpose of this ordinance, certain words and phrases used herein
are defined as followst
A. "City" means the City of San Luis Obispo, California and any of its
officers and employees who will be involved in the application or enforce-
went of the provisions of this ordinance.
B. "Capital improvements" are those improvements that materially add to the
value of the property and which may be amortized over the useful life of
the improvement in accordance with the Internal Revenue Code and regula-
tions issued thereto; provided that this definition shall be limited to
capital improvements either approved by more than 5.1% of the. tenants in
the affected park or constructed to comply with the direction of a public
agency..
C. "Mobile home park" means an area of land in which are rented spaces and
amenities of the common areas for mobile home dwelling units.
D. "Mobile home park owner" or "owner" means the owner, lessor, operator or
manager of a mobile home park.
, •,. •.E. "Hearing officer" or "Officer"means an individual appointed by the City
to conduct meetings between park owners and homeowners and to perform
other related activities.
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F. "Mobile home owner" or "homeowner" means any person entitled to occupy
a mobile home within a mobile home park by ownership of a mobile home or
under a rental or lease agreement with the park owner.
C. "Maintenance expenses" are those expenses required to suitably repair
all facilities, services and amenities which have deteriorated beyond
the state of acceptable usage and which are owned solely by the park
owner, in compliance with the California Civil Code Provision 798.87
of the Mobilehome Essidency Law.
H. "Space rent" or "Rent" means the charges .for the mobile home space and
all amenities, facilities, utilities, or services that are provided,
including use of the common areas in a mobile home park.
I. "Investment" means the actual cost to the park owner excluding the cost
to the owner of all borrowed funds or loans for the purchase of the park
at the close of escrow.
J.` "Recreational vehicle" means any recreational vehicle used for residency
In a mobile home park longer than nine (9) consecutive months for the
purpose of a residency.
3. Exemptions
The provisions of this ordinance shall not apply to the following ten-
ancies in mobile home parks:
A•. Mobile home park spaces rented solely for nonresidential uses.
B. Mobile home parks managed or operated by the U.S. Government, the State
of California, the County of San Luis Obispo, or the City of San Luis
Obispo.
C. Tenancies which do not exceed an occupancy of twenty (20) days and which
do not contemplate an occupancy of more than twenty (20) days.
D. Tenancies for which any federal or state law or regulation specifically
prohibits rent regulation.
E. Tenancies covered by leases or contracts which provide for more than a
12-month tenancy, but only for the duration of such lease or contract.
Upon the expiration of or other termination of any such lease or contract,
this ordinance shall immediately be applicable to the tenancy.
F. Mobile home parks which sell lots for factory-built or manufactued hous-
ing.
4. Hearing Officer - Established
A. There is established a qualified Hearing Officer with a background in
accounting, to be selected by the City.
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B. A Hearing Officer may not be or have been affiliated financially by in-
vestment or organisationally for personal gain with the real estate or
rental housing industry. Appointee shall not be a mobile home owner or
renter in a mobile home park, or have any financial interest (as defined
by State law) in any mobile home or mobile home park. The Hearing Officer
shall file a declaration to this effect with the City Clerk in a form
approved by the City Attorney.
C. The Hearing Officet shall be compensated for his or her time plus re-
imbursement for travel and other expenses while on official duty.
5• Duties of the Hearing Officer
A. Shall be directly responsibile for the administration of the Rent Stab-
ilization Ordinance subject to reporting and supervision as the City
shall direct.
B. Determine that a meeting between the park owner and the homeowners has
taken place in an effort to come to an agreement before applying to the
Hearing Officer for a hearing.
C. Obtain and review applications from park owners and homeowners for a
rent increase or rent decrease and ordinance violations.
D. Obtain all relevant documents, including Income Tax reports, needed to
make findings and conduct an informal hearing.
E. Hold hearings with the involved parties to consider the applications
and make decisions based on the findings.
F. Decisions of the Hearing Officer are appealable to the City Councils
Any final decision of the Hearing Officer or the City Council shall be
enforced by the city.
G. The performance of the Hearing Officer is to be reviewed by the City
Council at least every two years.
H. All decisions of the Hearing Officer shall be in conformity with the
relevant portions of the Civil Code and applicable portions shall be
cited in all decisions.
6. Allowable increases - Allowable decreases - base space rent - determin-
ation of current rent
A. 1. The "base space rent" for purposes of this ordinance shall be the
monthly space rent charges as of March 15, 1982.
2. The current rent shall be determined by adding the allowable Con-
sumer's Price Index increases each year.. and harship increases
as permitted by this ordinance and any preceding ordinance.
B. Except as otherwise provided in this ordinance. the maximum monthly.
space rent may be increased or decreased no more than. once a year by
the lesser of the two following methodsg
(1) Eight percent (896) of the existing space rent ori
(2) Three-fourths (seventy-five percent)(75%) of the cost-of-
living increase (Bureau of Labor Statistics, U.S. Cities Nat-
tional Consumer- Price Index for the urban consumers), for the
preceding twelve (12) month period ending four (4) months
prior to the date of the proposed increase.
(3) A decrease in the existing space rent equal to thee-fourths
seventy-f ive percent) (70) of the cost of living decrease
Bureau of Labor Statistics, U.S. Cities National Index for
urban consumers), must be given when the Consumers Price Index
is reduced.
(4) All official Consumer Price Index rent rate increases or de-
creases are to be issued by the Hearing Officer by September 1.
Park owners shall give at least a 60-day notice of the rent in-
crease to be effective on January 1. Rent increases cannot
be retroactive.
C. No owner shall either (1) demand, accept or retain a rent or charge from
a homeowner in excess of the maximum rent permitted by this ordinance, -
or (2) effect a prohibited rent increase indirectly by a reduction of
general park facilities and/or services.
D. There shall be no reduction of general park facilities, services, or
% amenities except as allowed as a result of a hearing.
7. Application for rent increase - decrease - fee - contents - notice of
request - hearing
A. A park owner who has been required to make expenditures as defined in 2G
or has incurred costs of such amounts that he will be unable to operate
the park given the maximum increase permitted in 6B, if he seeks relief,
shall file with the Officer an application for a rent increase, or ap-
plication to reduce, or charge for, certain services or facilities, (in
either event referred to hereinafter abs "application" or "application
for rent increase").
B. An application for rent increase or decrease pursuant to this section shall
be accompanied by the payment of a fee of $125.00 plus $1.00 per mobile
home. The application shall specify, the address of the mobile home park,
the space number or numbers,. the proprosed effective date and the facts
supporting the application. The applicant shall produce at the request
of the Officer any records, evidence including but not limited to re-
ceipts, reports or other documents including income tax returns as needed
and that the Officer may deem necessary to make a determination whether
to approve the application.
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C. The owner shall serve each affected homeowner either personally,; or by
mail, with notice of the change in rent, services or facilities request-
ed at the same time the application for approval of same is being filed
with the Officer. Proof of such service shall be filed. with the Officer
concurrent with the filing of the application. Copies of the applica-
tion shall be available free of charge to any affected homeowner request-
ing the same at the business office of the park.
D. The Officer shall set a hearing on the application complying with the
requirements of"this section no less than ten (10) days and no more than
thirty (30) days after receipt of the application and proof of service and
the homeowners have been notified, in writing. of the application to the
Hearing Officer, The Hearing Officer shall notify the owner and home-
owners, in writing, of the time, place and date set for the hearing.
No hearing or any part thereof may be continued beyond thirty (30) days
after the initial hearing date, without the consent of both parties.
If the Hearing Officer approves an application as requested or as mod-
ified,. the order or ruling shall take effect sixty (60) days after the
Officer's approval and after the homeowners are notified, in writing,
by the owner, subject to any requirements by the Hearing Officer.
E. An application for a rent decrease by the homeowners shall be accompanied
by documentation showing reduced services, facilities or amentities that
are no longer available, or anything that caused a reduction in the value
of their homes= for example, the deterioration of streets. It shall
show the effective date of the decrease in services, amenities or value
of homes. The application will be accompanied by a nominal fee of twenty-
five dollars ($25.00).
F. The homeowners or homeowner's association shall notify the owner, in
writing, at the same time that an application is filed.
G. The Hearing Officer shall set a hearing on the application complying with
the requirements of this section no less than ten (10) days and no more
than thirty (30) days after receipt of the application and proof that the
park owner has ,been notified of the application to the Officer. The
Officer shall notify both parties, in writing, of the time, place and date
set for the hearing. No hearing or any part thereof may be continued be-
yond thirty (30) days after the initial hearing date, without the consent
of both parties. If the Hearing Officer approves an application requested
or modified,. the same shall take effect retroactive to the date of the
loss of facilities, services; amenity or value of homes.
8. Conduct of Hearing - Application for rent increase - decrease
A. All interested parties to a hearing may be represented by an attorney
or such other persons they designate. All witnesses shall be sworn in.
B. In -the event the park owner or the homeowner(s) shall fail to appear
at the hearing at the specified time and place, the Hearing Officer may
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hear and review such evidence as may be presented and make such decisions
as if all parties had been present.
C. Parties may offer any testimony, documents, written declarations or
other relevant evidence.
D. Minutes shall be taken at all hearings. Tape recordings shall also be
made and shall be held available for transcription when requested by any
party,
9. Relevant factors - Application for rent increase - decrease - evaluation
In evaluating the application the Hearing Officer shall consider in con-
currence with the Mobile Home Residency Law, Civil Code Ho. 798.31 which
states in part "A homeowner shall not be charged a fee for other than
rent, utilities, and incidental reasonable services actually rendered."
10. Hearing - Determination - Application for rent increase - decrease
A. The Hearing Officer shall make a final decision no later than twenty (20)
days after the conclusion of the hearing. The decision shall be based
on the findings of the Hearing Officer. The findings shall be based on
the evidence submitted and obtained at the hearing. All parties or their
designated representatives shall be advised by mail of the Officer's
decision and findings.
B.;. In carrying out the decisions, the Officer mays
(1) Permit the requested rent increase or decrease to become
effective, in whole or in parte or
(2) Deny the requested rent increase or decrease; or
(3) Permit or deny, in whole or in part, requested reductions, of
or charges for, facilities, services, or amenities.
C. Any decision of the Hearing Officer shall be final unless, within fifteen
(15) working days after mailing of the findings and decision, the owner
or any affected homeowner appeals the decision to the City Council. Any
final decision shall be enforceable by the city.
11. Application for Rent Increase - Decrease - Hearing - Appeal
A. Any appeal from a decision of the Hearing Officer shall be filed with the
City Clerk. The date for consideration of the appeal shall be set by the
City Clerk at a date no less than ten (10) days nor more than thirty (30)
days after the expiration date for filing of an appeal. Written notice
of the date, time and place shall be given by the City Clerk to the owner
and all affected homeowners or their designated representatives.
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B. At the time set for consideration of the appeal, the City Council shall
review and consider the record of the hearing, findings and decision of
the Hearing Officer. After review and consideration, the Council may
either (1) determine that a further hearing shall be held within a
reasonable time, or (2) ratify and adopt the findings and decision of
the Hearing Officer. If a further hearing is conducted, the Council
shall upon
(3n the conclusion of that hearing,.and in no event more than
thirty (30) days thereafter, affirm, modify or reverse the decision of
the Officer, shall make findings and issue rulings and orders consistent
with such findings.
12. Rent increases not made in conformity with provisions_ - Homeowner's
right to refuse to pay
A homeowner may refuse to pay any increase in rent not made in conform-
ity with this ordinance. Such refusal to pay the owner shall be a defense
in any action brought to recover possession of a mobile home space or to
collect the rent increase. The disputed funds shall be put aside to be
disbursed when a final decision is made under this Ordinance or other
legal procedure.
13. Actions brought to recover possession of mobile home space - Retaliatory
eviction grounds for denial
Notwithstanding Section 120 in any action brought to recover possession
of a mobile home space, the court may consider as grounds for denial
any violation of any provision of this ordinance. Further, the deter-
mination that the action was brought in retaliation for the exercise of
any rights conferred by this ordinance shall be grounds for denial.
14. Recreational Vehicles as Residences
Recreational vehicles in a mobile home park that are used for a resi-
dence nine (9) months or longer shall have the same consideration as a
mobile home for rent stabilization purposes.
15. Civil Remedies
If any park owner demands, accepts, receives or retains any payment of
rent in excess of the maximum lawful space rent, as determined under this
ordinance, then the homeowner in such mobilehome parks affected by viol-
ation individually or by class action, may seek relief individually. or
by class action in a court of appropriate jurisdiction for injunctive re-
lief and damages, in addition to any enforcement action by the city under
this ordinance.
16. Owner to provide homeowners with a copy of this ordinance
Any homeowner 0 offered a lease or contract'which, if accepted and fully
executed, would be exempt from the provisions of this ordinance (Section
1
3 (R) shall.- prior to the execution of such lease or contract,,also
be provided with a copy of this ordinance. Receipt shall be acknowledged
in writing with copies to both parties. `
17. Safe Habor,
In the event that any homeowners in a mobile home park enter into leasee
with their park owner, homeowners who do not enter' into such leases shall
nevertheless, be entitled to rent stabilization protections of this ord-
inance.
18. Vacancy Decontrol
In the event that a homeowner sellsv conveys, or otherwise transfers
ownership of his or her mobile home,. or the right to occupancy, the park
owner shall not be permitted to establish a new base rent for the mobile
home space and shall not be entitled to otherwise increase the space
rent in contravention of this ordinance.
19. Severability
If any provision of any clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional
or to be otherwise invalid by a final judgment of any court of comvetent
jurisdiction, or should be invalidated by any legislation, then, such
invalidity shall not affect other provisions or clauses of applications
thereof which can be implemented without the invalid provision or clause
or application, and to this end, the provisions and clauses of this
ordinance are declared to be severable.
20. Miscellaneous
(1) At the termination of a lease, if a new lease is not contract-
ed, accepted, and fully executed,. the homeowner comes under the
jurisdiction of this rent stabilita.tion ordinance.
(2) Charges and rents shall be based on the provisions of Section
6 of this ordinance.
21. Majority vote needed to make changes in this ordinance
This Ordinance for rent stabilization of a space or spaces in a mobile
home perk cannot be changed or amended in whole or in part without a
majorityn ote of the people of the City of San Luis Obispo, California.
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Resolution No. (lot ' Ser'iea).
SHCTION 4 I'he�ropoaition shall pass only if a majority of the votes
7.7
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cast.'by`ttoters for die•proposed ordinan°ice:are .VE3 .votes
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SECTION 8 .fiat -the,_City Clerk.is .authorized, instructed and directed
to--procure' and furnish.'anq and all official ballots, notices; printed -
matter and all supplies, 'equipbent and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be. open at seven
o'clock a.m. of the day of the election and shall remain open continuously
from that time until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code
of the State of California.
SECTION 7. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for provided
by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election
is given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in time, form and manner as
required by law.
SECTION 9. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
On motion of seconded by
and on the following roll call vote:
r n
n
Resolution No.
(1988 Series) � �
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,
1988.
14AYOR RON DUNIN
ATTEST:
CITY CLERK PAN VOGES
s s s s
:_ APPROVED:
City A inistrative Officer
City At rney
City Clerk
S- �g
14.
RESOLUTION NO. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING
THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE
SPECIAL MUNICIPAL ELECTION ON TUESDAY,. JUNE 7, 1988,. WITH THE
STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF
VOTING ON THE ADOPTION OF TWO PROPOSITIONS
WHEREAS, the City Council of the City of San Luis Obispo has adopted
Resolution No. (1988 Series) (copy attached and incorporated by
reference herein) calling a special election to be held on Tuesday,
June 7, 1988, for the purpose of voting on propositions as described
herein;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Board of Supervisors of the County of San Luis Obispo
is hereby requested to order the consolidation of the Special Municipal
Election with the State-wide Primary Election to be held on Tuesday,
June 7, 1988, and said Board of Supervisors is authorized hereby to
canvass the returns of the election hereby called and the election shall
be held in all respects as if there were only one election and one form of
ballot, namely the ballot used at such primary election shall be used.
The precincts, polling places and officers of election for the Special
Municipal Election hereby called shall be the same as those provided for
said State-wide Primary Election and as set forth in Section 23312 of the
Elections Code.
Said Board of Supervisors shall certify the results of the canvass of
the returns of such Special Municipal Election to the Council of the City
of San Luis Obispo, which shall thereupon declare the results thereof.
SECTION 2. The Board of Supervisors is hereby requested to issue
instructions to the County Clerk to take any and all steps necessary for
5-i9
Resolution No. (1988 Series) Page 2
the holding of said Special Municipal Election. The City will pay its pro
rata share of extra costs incurred by the County in consolidating the
elections pursuant to Section 51350 of the Elections Code.
SECTION 3. The propositions to be voted on at said Special Municipal
Election shall be as set forth on Exhibit "A" attached hereto and
; incorporated herein by reference.
SECTION 4. The City Clerk is hereby directed to file certified copies
of this resolution with the Board of Supervisors, the County Clerk and the
Registrar of Voters of the County of San Luis Obispo.
SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections
Code, rebuttal arguments will be permitted, and shall be filed with the
~City Clerk not more than 10 days after the final date for filing direct
arguments.
SECTION 6. The City Clerk shall certify to the passage and adoption
of this resolution.
On motion of seconded by and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of
1988.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
5�2/
EXHIBIT "A"
B I N D I N G M E A S U R E S
CITY MEASURE "A"
Shall the proposed initiative ordinance YES 0
establishing new mobilehome rent regulations NO Q
be adopted?
CITY MEASURE "B"
Shall the Mobilehome Ad Hoc Committee's YES 0
recommended amendments to the existing NO 0
Mobilehome Rent Regulations be adopted?
5-21
,rq•i6' it lin:i ql ' I II III Illi
',i'I iir yla'��I�I'I�IIi' � I I'l jl l 111 lil 11 l�l''I II
.. 'lig �Y..Ilii r.��i Ill ill' III I "�ity �' CUI O-Bl' s- '0-0
Wy=�_
-- 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
The following represents a tentative calendar for placing city ballot
measures at the Tuesday, June 7, 1988 and Tuesday, November 8, 1988
elections to be held by the County of San Luis Obispo.
PRESIDENTIAL PRIMARY ELECTION - TUESDAY JUNE-7.L. 1988 (includes Hoard of
Supervisors-Districts 1 3 & 5) :
Monday, 12/21/87 - Last day to file initiative or referendum (would
need 15% of the registered voters)
Tues. , 12/22/87 thru
Wed. , 1/20/88 - City Clerk to verify petition sufficiency
Tues. , 1/26/88 - Suggested date for Council consideration & action
to place initiative, other measures, and
call/consolidate election
Wed. , 2/3/88 - Advertise for arguments/rebuttal arguments
Mon. , 2/8/88 thru
Wed. , 2/17/88 - Receive arguments
Thurs. , 2/18/88 thru
Mon. , 2/29/88 - 10-day public review of arguments/receive rebuttal
arguments
Tues. , 3/1/88 thru
Thurs. , 3/10/.88 - 10-day public review of rebuttal arguments
Fri. , 3/11/88 - Last day to forward argument/rebuttals/impartial
analysis and candidate statements to County Clerk
PRESIDENTIAL ELECTION - TUESDAY NOV. 8 1988:
Fri. , 5/20/88 - Last day to file initiative or referendum (would
need 15% of registered voters)
Mon. , 5/23/88 thru
Mon. , 6/20/88 - City Clerk to verify petition sufficiency
Tues. , 6/21/88 - Suggested date for Council consideration & action
to place initiative, other measures, and
call/consolidate election
Wed. , 7/6/88 - advertise for arguments/rebuttal arguments
Fri. , 7/8/88 thru
Mon. , 7/18/88 - Receive arguments
(cont. on page 2)
�-22
Continued dates for the County of San Luis Obispo Presidential Election to be
held Tuesday, November 8, 1988
Page 2
Tues. , 7/19/88 thru
Thurs. , 7/28/88 - 10-day public review of arguments/receive rebuttal
arguments
Fri. , 7/29/88 thru
Mon. , 8/8/88 - 10-day public review of rebuttal arguments
Tues. , 8/9/88 - Last day to forward argument/rebuttals/impartial
analysis and candidate statements to County Clerk
PV:skj
ELECTION II (1988calendar)
5-z3
ARGUMENTS ON BALLOT MEASURES
4",Iiik=h
Who Nay File
The City Council, any member(s) of the City Council authorized by it, any
individual voter or bona fide association of citizens, or any combination
of voters and associations may file an argument for or against any measure
(E.C. 5013). A bona fide association is a recognized authentic or genuine
group of citizens bound together by a common interest.
These arguments are not allowed to exceed 300 words (E.C. 4015) and will
be sent to each voter with the sample ballot.
If more than one argument for or against a measure is submitted, the City
Clerk must select one argument for and one argument against with priority
given to groups in the following order (E.C. 5018) :
I. City Council or members authorized by it.
2. Individual voter or bona fide association of citizens, or
combination of voter associations, who are bonafide sponsors of
the measure.
3. Bona fide associations of citizens.
4. Individual electors (registered voters).
B.C. 5014 also stipulates that arguments may be submitted with only five
signatures.
After the City Clerk selects one argument in favor and one argument
against. copies of the opposing argument will be sent to each author.
These authors may then submit a rebuttal of no more than 250 words to the
City Clerk within ten days after the original arguments are selected.
(B.C. 4015.5)
Areament Headings
Argument headings will be printed on .the front page of the argument, as
appropriate:
"Argument in Favor of Measure ," or
"Argument Against Measure ," or
"Rebuttal to Argument in Favor of Measure-,w
"Rebuttal to Argument Against Measure ."
(B.C. 5013)
5-2.4
STATEMENT ACCOMPANYING AROMCM
All arguments and rebuttals are required to have the following form
statement accompany the ballot argument:
"The undersigned author(s) of the argument
primary/rebuttal
ballot proposition at the
in.favor of/against name or number
General Municipal Election for the City of San Luis Obispo
to be held on Tuesday, November 3, 1987, hereby state that the
argument is true and correct to the best of my knowledge and belief."
A. ballot argument will not be accepted unless the name(s) of the person(s)
submitting it is stated with it. If the argument is submitted on behalf of
an organization, the name of the organization and the name of at least one
of its principal officers must be stated before acceptance of the
argument. No more than five signatures can appear with any argument
(B.C. 5014).
Any argument or rebuttal which includes the name of someone other than the
author must be accompanied by a signed consent from that person. The
consent of a party other than an individual (such as an organization or
committee). must be signed by an officer or another authorized
representative (E.C. 5014.1) .
Withdrawal of Arguments
Any argument for or against a measure may be withdrawn at any time up to
and including the final date fixed for filing arguments (E.C. 5351).
s-z�
MEETNG AGENDA
DAL`
II'y;l, l;iiill'I'I' I�I ��II�I I DAYS FES a as ITEM #
'i'•ii;i I,jlil I,•�;Ijl li�li I li I
:V;illl� ;l Cl Of IUIS OPalm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
(805) 549-7140 cc :
obunc/ /
TD��nn
January 29, 1988 r�ccqq�V, ��
btvA
MEMORANDUM
To: Honorable Mayor and Members onfYeCthe City Council
From: Roger Picquet, City Attorney r \f
Subject: Ad Hoc Committee's Recommendatio{{{ns on Mobilehome Park Rent
Stabilization
Part of Council's action at the last Council meeting regarding this
subject was to direct me to meet with Mr. Dennis Law to discuss minor
changes to the Ad Hoc Committee's proposed amendments to Chapter 5.44.
This meeting was held on Wednesday, January 27, 1988.
Attached is a "smooth" copy of Chapter 5.44 as proposed by the Committee.
The substantive amendments have been addressed by Mr. Law's letter of
December 23, 1987, which was included in your agenda packet materials for
the January 25 meeting. The resvisions referred to above were minor
grammatical corrections to several definitions and typographical errors,
and a specific clarification that it was the intent that the appellate
panel's decision was to be final and not appealable to Council. Also, a
few minor details regarding administration of the ordinance were added.
Please call mf if you have any questions.
RP:ajr
Attachment
c: CAO
DRAFT
January 28, 1988
Chapter 5.44
MOBILE HOME PARK RENT STABILIZATION
Sections:
5.44. 010 Purpose and intent.
5.44.020 Definitions.
5.44. 030 Exemptions.
5.44. 040 (Repealed. )
5.44.050 City Council--Powers and duties.
5.44. 060 Base space rent--Determination--Allowable
increases without hearing
5.44. 070 Application for rent adjustment--Fee--Contents--
Notice of request--Hearing.
5. 44. 080 Application for rent adjustment--Conduct of
hearing.
5.44. 090 Application for rent adjustment--Evaluation--
Relevant factors.
5.44.100 Application for rent adjustment-- Hearing--
Determina-
tion.
5.44. 110 Application for rent increase--Hearing--Appeal.
5.44.120 Rent increases not made in conformity with
provisions--Tenant's right to refuse to pay.
5.44. 130 Actions brought to recover possession of mobile
home space--Retaliatory eviction grounds for
denial.
5.44.140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44. 142 Severability.
5.44.010 Purpose and intent:
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
DRAFT
MEF"NG AGENDA 4r
''''; ji`I!'iii ���►�'�I �� I DAk FLO 2 99 ITEM #
colty
o sAn
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
(805) 549-7140 CG • �OUhci•/
T Ovh�
January 29. 1988
S. rlG�/G7P.�
MEMORANDUM
To: Honorable Mayor and Members onfYeCthe City Council
From: Roger Picquet, City Attorney )-- \1
Subject: Ad Hoc Committee's Recommendations on Mobilehome Park Rent
Stabilization
Part of Council's action at the last Council meeting regarding this
subject was to direct me to meet with Mr. Dennis Law to discuss minor
changes to the Ad Hoc Committee's proposed amendments to Chapter 5.44.
This meeting was held on Wednesday, January 27, 1988.
Attached is a "smooth" copy of Chapter 5.44 as proposed by the Committee.
The substantive amendments have been addressed by Mr. Law' s letter of
December 23, 1987, which was included in your agenda packet materials for
the January 25 meeting. The resvisions referred to above were minor
grammatical corrections to several definitions and typographical errors,
and a specific clarification that it was the intent that the appellate
panel's decision was to be final and not appealable to Council. Also, a
few minor details regarding administration of the ordinance were added.
Please call mf if you have any questions.
RP:ajr
Attachment
c: CAO
DRAFT
January 28, 1988
Chapter 5.44
MOBILE HOME PARR RENT STABILIZATION
Sections:
5.44.010 Purpose and intent.
5.44.020 Definitions.
5.44.030 Exemptions.
5.44.040 (Repealed. )
5.44.050 City Council--Powers and duties.
5.44.060 Base space rent--Determination--Allowable
increases without hearing
5.44.070 Application for rent adjustment--Fee--Contents--
Notice of request--Hearing.
5.44 . 080 Application for rent adjustment--Conduct of
hearing.
5.44 . 090 Application for rent adjustment--Evaluation--
Relevant factors.
5.44.100 Application for rent adjustment-- Hearing--
Determina-
tion.
5.44.110 Application for rent increase--Hearing--Appeal.
5.44.120 Rent increases not made in conformity with
provisions--Tenant's right to refuse to pay.
5.44. 130 Actions brought to recover possession of mobile
home space--Retaliatory eviction grounds for
denial.
5.44. 140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44.142 Severability.
5.44.010 Purpose and intent:
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
DRAFT
B. Mobile home tenants, forced by the lack of suitable
alternative housing, have had to pay the rent increases and
thereby suffer a further reduction in their standard of
living.
C. Because of the high cost and impracticability of
moving mobile homes, the potential for damage resulting
therefrom, the requirements relating to the
installation of mobile homes, including permits,
landscaping and site preparation, the lack of
alternative homesites for mobile home residents, and
the substantial investment of mobile home owners in
such homes, this council finds and declares it
necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the
same time recognizing the need of park owners to
receive a suitable profit on their property with rental
income sufficient to cover increases in costs of
repair, maintenance, insurance, utilities, employee
services, additional amenities, and other costs of
operation, and to receive a fair return on their
property.
D. This council finds that the present low vacancy
rate and frequent rent increases are particularly hard
upon and unfair to residents of mobile home parks
within the city. Large numbers of these residents are
senior citizens and others on fixed incomes who
installed their mobile homes in the city when the
present inflationary rent increases could not
reasonably have been foreseen.
E. However, this council recognizes that a rent
stabilization ordinance must be fair and equitable 'for
all parties and must provide appropriate incentives for
mobile home park operators to continue their parks
profitably, as well as to attract additional investors
for new parks. (Ord. 923 §1 (part) , 1982: prior code
§4800)
5.44. 020 Definitions
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A. "Capital improvements" means those improvements,
not previously located in the mobile home park, that
materially add to the value of the property and
appreciably prolong its useful life or adapt it to new
uses, and which may be amortized over the useful life
of the improvement in accordance with the Internal
Revenue Code and regulations issued pursuant thereto;
2
provided, that this definition shall be limited to
capital improvements approved by more than fifty
percent of the tenants in the affected park.
B. "Mobile home park" means an area of land which
rents spaces for mobile home dwelling units.
C. "Mobile home park owner" or "owner" means the
owner, lessor, operator or manager of a mobile home
park.
D. (Repealed)
D. "Mobile home tenant" or "tenant" means any person
entitled to occupy a mobile home within a mobile home
park pursuant to ownership of the mobile home or under
a rental or lease agreement with the owner of the
mobile home.
E. "Rehabilitation work" means any renovation or
repair work completed on or in a mobile home park
performed in order to comply with the direction or
order of a public agency or public utility, or to
maintain existing improvements in a safe and usable
condition, or to repair damage resulting from fire,
earthquake or other casualty.
F. "Space rent" means the consideration, including
any security deposits, bonuses, benefits or gratuities,
demanded or received in connection with the use and
occupancy of a mobile home space in a mobile home park,
or for housing services provided, but exclusive of any
amount paid for the use of a mobile home dwelling unit.
(Ord. 923 §1 (part) , 1982: prior code §4801)
G. "Change of ownership" means the sale, rental
transfer, or exchange of a mobile home subject to the
provisions of this chapter excepting the transfer to
tenant's spouse by gift, bequest or devise.
H. "Hearing Officer" means the duly appointed
hearing officer selected from a panel of qualified
hearing officers. A hearing officer shall have no
financial interest in either a mobile home park or
a mobile home nor have been a resident of nor
reside in a mobile home park.
I. "Appellate Panel" means a panel of three qualified
hearing officers. A panelist shall have no financial
interest in either a mobile home park or a mobile home
nor have been a resident of nor reside in a mobile home
park.
3
J. "CPI" shall be the Consumer Price Index (1967=100)
All Items, All Urban Consumers, for the Los
Angeles/Long Beach/Riverside standard metropolitan
statistical area published by the Bureau of Labor
Statistics, United States Department of Labor. If the
CPI is not hereafter published, then any substitute
index, or, if none, then the index most closely
resembling the CPI shall become the new CPI.
R . "Qualified Hearing Officer" . The City
Administrative Officer shall maintain a list of
available qualified hearing officers. Qualified
hearing officers shall be persons experienced in
financial and accounting methods with knowledge of
mediation process and rules of evidence.
5.44. 030 Exemptions.
The provisions of this chapter shall not apply to the
following tenancies in mobile home parks:
A. Mobile home park spaces rented for nonresidential
uses;
B. Mobile home parks managed or operated by the United
States Government, the state of California, or the
county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of
twenty days and which do not contemplate an occupancy
of more than twenty days.
D. Tenancies for which any federal or state law or
regulation specifically prohibits rent regulation;
E. Tenancies covered by leases or contracts which
provide for a tenancy of more than a year, but only
for the duration of such lease or contract. Upon the
expiration of or other termination of any such lease or
contract, this chapter shall immediately be applicable
to the tenancy. No rent increases other than that
allowed under the provisions of the lease, shall be
allowed during the duration of such a lease or
contract.
F. Spaces in a mobile home park in which at least
66.67% of said spaces are governed by a lease with an
initial term of more than one year.
G. Mobile home parks which sell lots for factory-
built or manufactured housing, or which provide
4
condominium ownership of such lots, even if one or more
homes in the development are rented or leased out.
(Ord. 923 §1 (part) , 1982: prior code §4802)
5.44.040 (Repealed)
5. 44.050 City Council--Powers and duties.
Within the limitations provided by law and in addition
to any other powers and duties the Council has, the
City Council shall have the following powers and
duties:
A. To meet from time to time as required to receive,
investigate, hold hearings on, and pass upon the issues
relating to mobile home park rent stabilization as set
forth in this chapter;
B. To direct staff to make or conduct such independent
hearings or investigations as may be appropriate to
obtain such information as is necessary for Council to
carry out its duties;
C . To adopt, promulgate , amend and rescind
administrative rules, as it deems appropriate to
effectuate the purposes and policies of this chapter.
(Ord. 923 §1 (Part 1952: prior code §4804)
5.44.060 Base space rent----Allowable increases without
hearing.
A. The "base space rent" for purposes of this chapter
shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to
this Chapter. The maximum monthly space rent for any
space under a lease, upon expiration of the lease
shall be no more than the rent charged in the last
month of said lease. In parks where there is an
exemption because 66.67% of the spaces are governed by
a lease with an initial term of no less than one year,
then the maximum monthly space rent shall be the space
rent designated in leases for comparable spaces. A
schedule of current rents in the park shall be posted
in a conspicuous place in the park.
B. Except as otherwise provided in this chapter, the
maximum monthly space rent may be increased no more
than once a year based on the percentage change in the
5
CPI, or 9%, whichever is less, calculated as follows:
1. The maximum monthly space rent may be increased at
a rate equal to 100 percent (100%) of. the CPI up to 5
percent (5%) and 75 percent (75%) of .the CPI in excess
of 5 percent (5%) calculated as follows:
.a. The change in space rent shall be calculated
by dividing the ending CPI index by the beginning
CPI index.
.b. If the resulting quotient is less than 1. 05,
then it shall be multiplied by the space rent.
The resulting product shall be the new space rent.
.c. If the resulting quotient is greater than
1.05, then 'the difference between the resulting
product and 1.05 shall be multiplied by 75
percent. The resulting product shall be
multiplied by the space rent and that product
shall be added to the sum derived from 5.44.060
B.2 above. The sum shall be the new space rent.
.d. The beginning CPI index shall be the index
for the month used as the ending index for the
last CPI adjustment.
.e. The ending CPI index shall be the index for
the month twelve months after the beginning index.
2. Each month the City Administrative Officer shall
publish the percentage change of the CPI allowed under
this Section B for the 12-month period immediately
preceding the month for which CPI information has been
most recently published.
3 . It is the intention of this paragraph 5.44.060 B
to allow for automatic increases in space rent based
on changes in the cost of living as measured by the
CPI. The limitations on such increases are intended to
minimize the immediate impact drastic changes in the
CPI might have on residents. The limitations are not
intended to prevent ultimate adjustments to allow
owners to receive a fair return on their property.
C. The maximum monthly space rent of a tenant may be
increased by the owner when there is a change of
ownership affecting a mobile home. However, such
increase shall not exceed 10% of the then existing
space rent and may not be relied upon any more often
6
than once in any 36-month period as the basis to
increase rent. In the event of change of ownership
resulting from subletting of the mobilehome space as
may be allowed by State law, should such become State
law, then upon any such subletting then the space rent
may be increased up to lot of the then-existing space
rent. In the event of change of ownership resulting
from vacation of the space, then the space rent may be
adjusted to fair market rent in the community.
D. No owner shall either (1) demand, accept or retain
a rent of or from a tenant in excess of the maximum
rent permitted by this chapter, or (2) effect a
prohibited rent increase by a reduction of general park
facilities and services. However, an owner may modify
the nature of park services if reasonable allowance is
provided to the tenant. For example, if the owner
elects to submeter water so that tenants pay for water
consumed by them, then tenants shall receive a
reasonable reduction from their base space rent. (Ord.
1079 §11 1986; Ord. 1020 §11 1984: Ord. 923 §1 (part) ,
1982: prior code §4805)
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities; new
government mandated services; garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve-month period by
twelve, less the percentage in the CPI index for the
twelve-month period. The quotient shall be allocated
to the space rent for each space in the park based on
the amount the space rent relates to total space rent
for the park. Notice of the increase shall be in
writing and shall be given as required by law no less
than 60 days prior to any such increase being
effective. The notice shall state the amount of the
rent increase, the new space rent, the amount of the
total increase in expenses and the nature of the
expense. A copy of the notice shall be given to the
City Administrative officer. The City Administrative
Officer shall have the authority to resolve questions
regarding computation of the space rent increase based
on this section. There shall only be one such increase
in any twelve-month period.
5.44.070 Application for rent adjustment--Fee--Contents--
Notice of request--Hearing.
A. Except for automatic increases in base rent allowed
under Section 5.44. 060, an owner or tenant may file
with the City Clerk an application for a rent
7
adjustment ("application") . The application shall
state the amount of the adjustment for each space
affected and the reasons for the adjustment.
1. An application shall be accompanied by the
payment of a fee as may be established from time
to time by the council.
2. An application filed by an owner shall be
accompanied by a statement stating that the tenant
for each space affected has been served either
personally or by mail with a notice describing the
application and the change in rent or services.
3. An application filed by a tenant shall be
accompanied with a statement stating that the
owner has been either personally or by mail served
with the application and with a statement
designating not more than three persons to act as
representatives for the spaces affected and
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the application and supporting the
application and established by a secret election.
4. A statement shall accompany the application
and shall notify the receiving party that he/she
has 30 days to file an objection and if one is not
filed within the time allowed, then the
application will be automatically granted.
B. An objection to the application may be filed with
the City Clerk within 30 days after the notice of
application has been served. The objection shall
identify the portions of the application objected to
and shall state the grounds of the objection.
1. A copy of an objection filed by an owner shall
be mailed to each of the designated tenant
representatives.
2. A copy of an objection filed by a tenant shall
be mailed to the owner. The tenant's objection
shall designate not more than three persons to act
as representatives for the objecting tenants. The
objection must be accompanied by a statement
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the owners application and verifying
that they object to the application, established
by secret ballot election.
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C. If no objection is filed to an application within
the time allowed, or if less than 51% of the tenants
support an objection to an application, then the
application will be automatically granted.
D. If an objection is filed within the time provided,
then the owner and the tenant representatives shall
meet and confer to negotiate in good faith an agreement
regarding the application. Either party may request a
mediator of their choice to assist in the negotiations,
but this is not required. If an agreement is reached
within 60 days, then the tenant representatives shall
notify all tenants affected by the agreement. The
tenants shall have 10 days to approve or disapprove of
the agreement. If tenants representing a majority of
the spaces affected fail to disapprove of the
agreement then the agreement shall be binding on the
owner and all tenants affected. The City Clerk shall
be notified that an agreement has been reached. The
statements made in negotiations and any agreements
reached but not approved shall not be admissible in any
subsequent hearings regarding the application.
E. If the owner and the tenant representatives fail to
reach an agreement within the time provided or if a
majority of the tenants disapprove of an agreement
reached, then the applicant shall within 10 days notify
the City Administrative Officer that an agreement has
not been reached. The City Administrative Officer
shall obtain a list of no less than five (5) qualified
hearing officers. Owners and tenants may each delete
one person from the list of qualified hearing officers
within seven (7) 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 notice that an agreement has
not been reached.
F. The hearing officer shall set a hearing on the
application complying with the requirements of this
section no less than ten days and no more than thirty
days after his appointment. 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 hereof 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
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take effect as noticed by the owner or as the hearing
officer may otherwise direct. (Ord. 1077 §2, 1986;
Ord. 923 §1 (part) , 1982: prior code §4806)
5.44. 080 Application for rent adjustment--Conduct of
hearing.
A. All review hearings conducted by the hearing
officer shall be conducted in accordance with the Ralph
M. Brown Act, at Section 54950 et seq. of the
California Government Code and according to the rules
of the American Arbitration Association.
B. All interested parties to a hearing may have
assistance from an attorney or such other person as may
be designated by the parties in presenting evidence or
in setting forth by argument their position. All
witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or the tenant(s)
should fail to appear at the hearing at the specified
time and place, the hearing officer may hear and
review such evidence as may be presented and make such
decisions as if all parties had been present.
D. Owner and affected tenants may offer any
testimony, documents, written declarations or other
relevant evidence.
E. Formal rules of evidence shall not apply.
F. Minutes shall be taken at all hearings. (Ord. 923
§1 (part) , 1982: prior code §4807)
5.44.090 Application for rent adjustment--Evaluation--
Relevant factors.
In evaluating the application the hearing officer may
consider, along with all other factors it considers
relevant, changes in costs to the owner attributable to
increases or decreases in master land and/or facilities
lease rent, utility rates, property taxes, insurance,
advertising, variable mortgage interest rates, employee
costs, normal repair and maintenance, and other
considerations, including, but not limited to,
rehabilitation work, capital improvements, upgrading
and addition of amenities or services, net operating
income, and the level of rent necessary to permit a
just and reasonable return on the owner's property.
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(Ord. 923 §1 (part) , 1982: prior code § 4808)
A. In applying the foregoing factors, the hearing
officer shall utilize the maintenance of net operating
income (MNOI) formula. Under the MNOI allowable gross
rents are calculated as follows: All operating
expenses for the twelve-month period ending December
31, 1981 are subtracted from all operating expenses for
the twelve-month period immediately preceding the date
of the application for which expense data is available.
In the event operating expenses are not available for
the period ending December 31, 1981, then expenses for
a twelve-month period reasonably close to December 31,
1981 may be substituted. The difference shall be added
to gross annual rent based on rental rates in effect on
March 15, 1982. The sum shall. be the allowable gross
annual space rent. The allowable gross space rent
shall be fairly apportioned between all spaces in the
park. The space rent determined under the MNOI formula
shall be adjusted as follows:
1. There shall be an adjustment to allow for
inflation calculated as follows. The net
operating income (NOI) for the base period shall
be calculated by subtracting the park's operating
expenses for the twelve-month period ending
December 31, 1982, from the park's annual gross
space rent based on the space rent in effect on
March 15, 1982. The CPI index for the month most
recently available prior to filing the application
shall be divided by the CPI index for March, 1982.
The resulting quotient shall be multiplied by the
base period NOI. This shall be the adjusted NOI.
The operating expenses for the twelve-month period
immediately preceding the date of the application
for which information is available shall be added
to the adjusted NOI. The sum shall be the
inflation adjusted gross space rent. The
allowable space rent shall be the greater of the
space rent calculated using the MNOI formula and
the space rent adjusted for inflation.
2. In calculating MNOI there shall be an
adjustment to the gross space rent in effect on
March 15, 1982, if- the hearing officer determines
that the gross space rent in effect on that date
did not allow the owner to receive a just and
reasonable return on his property.
3. If the hearing officer concludes that the MNOI
formula, and the adjustments thereto, does not
provide a just and reasonable return to the owner,
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then the hearing officer may apply any reasonable
formula, including a return on investment, a
return on fair market value, or return on equity,
to determine a space rent which will allow the
owner to receive a fair and reasonable return on
his property.
B. The hearing officer shall not consider income
arising from spaces leased in the park pursuant to
5.44.030 (E) of this chapter. Likewise, the hearing
officer shall not consider a pro rata portion of the
expenses of park operation attributable to the leased
spaces.
5.44. 100 Application for rent adjustment--Hearing--
Determination.
A. The hearing officer shall make a final decision no
later than twenty days after the conclusion of its
hearing. The hearing officer's decision shall be based
on the preponderance of the evidence submitted at the
hearing. The decision shall be based on findings. All
parties to the hearing shall be advised by mail of the
hearing officer's decision and findings.
B. Pursuant to its findings, the hearing officer may:
1. Permit the requested adjustment to become
effective, in whole or in part; or
2. Deny the requested adjustment; or
3 . Permit or deny, in whole or in part, requested
reductions of, or charges for, facilities or
services.
C. Any decision of the hearing officer shall be final
unless, within fifteen days after mailing of the
decision and findings the owner or any affected tenant
appeals the decision. (Ord. 923 §1 (part) , 1982 ; prior
code §4809)
D. The hearing officer's charges shall be paid by the
City.
5.44. 110 Application for rent adjustment--Appeal--Hearing.
A. Any appeal from a decision of the hearing officer
shall be filed with the City Clerk. The appellant
shall also mail a copy of the appeal to the responding
party. The appeal shall state the grounds on which it
is based. An appeal filed by a ' tenant shall be
accompanied by a statement containing the names and
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addresses of the tenants supporting the appeal. The
appeal must be supported by at least 51 percent of the
tenants affected by the appeal.
B. Upon filing of a valid appeal, the City
Administrative Officer shall obtain a list of no less
than seven (7) qualified hearing officers. The
hearing officer who previously acted shall not qualify.
Owners and tenant representatives may each delete one
person from the list of qualified hearing officers
within seven days, and three of the remaining persons
shall be selected by the City Administrative Officer as
the Appellate Panel. Appointment of the Appellate
Panel shall be completed no later than twenty-one (21)
days after filing the appeal.
C. At the time set for consideration of the appeal the
Appellate Panel shall review and consider the record of
the hearing officer's hearing as well as the decision
and finding of the hearing officer. After review and
consideration the Appellate Panel may either (1)
determine that a further hearing shall be held, or (2)
ratify and adopt the decision and findings of the
hearing officer. If a further hearing is conducted,
the Appellate Panel may upon conclusion of that hearing
and in no event more than thirty days thereafter,
modify or reverse the decision of the hearing officer,
only if the Appellate Panel finds that there has been
an abuse of discretion or that there is no substantial
evidence to support the hearing officer's decision.
(Ord. 923 §1 (part) , 1982: prior code §4810) The
Appellate Panel 's decision shall be final and no appeal
may be taken to Council.
D. If the party filing the appeal is unsuccessful,
then that party shall pay the Appellate Panel 's
charges. If the responding party is unsuccessful, then
both parties and the City shall share equally in
payment of the Appellate Panel 's charges. .
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5.44.120 Rent increases not made in conformity with
provisions--Tenant's right to refuse to pay.
A tenant may refuse to pay any increase in rent not
made in conformity with this chapter. Such refusal to
pay shall be a defense in any action brought to recover
possession of a mobile home space or to collect the
rent increase. (Ord. 923 §1 (part) , 1982: prior code
§4811)
5.44.130 Actions brought to recover possession of mobile
home space--Retaliatory eviction grounds for
denial.
Notwithstanding Section 5.44.120, in any action brought
to recover possession of a mobile home space, the court
may consider as grounds for denial any violation of any
provision of this chapter. Further, the determination
that the action was brought in retaliation for the
exercise of any rights conferred by this chapter shall
be grounds for denial. (Ord. 923 §1 (part) , 1982:
prior code §4812)
5.44.140 Owner to provide tenants with copy of this
chapter.
Any tenant offered a lease or contract which if
accepted and fully executed would be exempt from the
provisions of this chapter (Section 5.44.030E) shall at
the time of the offer also be provided with a copy of
this chapter. (Ord. 923 §1 (part) , 1982: prior code
§4813)
5.44.141 Amendment
The provisions of this Chapter 5.44 may be amended by a
majority vote of the City Council.
5.44. 142 Severability
If any portion of this Chapter is found to be invalid,
then that shall in no way affect the validity of the
remaining portions of this Chapter.
ord\mobile.rin (01/28/88)
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