HomeMy WebLinkAbout04/04/1995, C-5 - PROPOSED AMENDMENT TO THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE CONCERNING AUTOMATIC ADJUSTMENTS TO RENT. �I' I�II�I Ifll�nl MEETING DATE:
���IIIY'NI��II city Of san LUIS OBISPO 4-4-95
COUNCIL AGENDA REPORT ISI'"NUMBER:
� C-5
FROM: JEFFREY G. JORGENSEN, CITY ATTORNEY`o'�
SUBJECT: PROPOSED AMENDMENT TO THE MOBILE HOME PARR
RENT STABILIZATION ORDINANCE CONCERNING
AUTOMATIC ADJUSTMENTS TO RENT.
CAO GIVE FINAL PASSAGE TO ORDINANCE NO. 1279
RECOMMENDATION: (1995 SERIES) AMENDING SECTION 5.44.060 (E)
OF THE MOBILE HOME PARR RENT STABILIZATION
ORDINANCE.
DISCUSSION:
On March 21, 1995, the City Council passed to print an amendment of
the San Luis Obispo Municipal Code, Section 5.44 . 060 (E) of the
Mobile Home Park Rent Stabilization Ordinance concerning automatic
adjustments to rent., making such adjustments applicable to both
increases or decreases in expenses, to clarify that expenses do not
include capital improvements or ongoing maintenance costs, and to
extend the notice period for such increases or decreases to 90
days, consistent with Civil Code Section 798 . 30.
FISCAL- IMPACT:
There is no anticipated impact on City funding, either in terms of
expense or savings.
JGJ/sw
Attachments:
Exhibit A: Ordinance No. 1279 . (1995 Series)
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ORDINANCE NO. 1279 (1995 Series)
An Ordinance of the Council of the City of San Luis
Obispo Deleting Chapter 5.44.060 (E) of the San
Luis Obispo Municipal Code Relating to
Automatic Adjustments to Rent in Mobile Home Parks
BE IT ORDAINED by the Council of the City of San Luis Obispo:
SECTION 1. Section 5.44 . 060 (E) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
E. Space rent may be automatically adjusted based on
increases or decreases in expenses for common area
utilities, new government-mandated services, garbage
service and cable television, where applicable, excluding
capital improvements or ongoing maintenance costs. The
space rent may be adjusted by dividing the total increase
or decrease 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. Automatic adjustments to
rent authorized by this paragraph E shall not be included
in "base space rent" for the purpose of determining CPI
irfcreases pursuant to Section 5.44 . 060 (B) , but shall be
considered as additional rent.. Notice of the increase,
or decrease, shall be in writing and shall be given as
required by law no less than ninety days prior to any
such increase or decrease being effective. The notice
shall state the amount of the rent increase or decrease,
the new space rent, the amount of the total increase or
decrease 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 or decrease based
on this section. There shall only be one such increase
or decrease in any twelve-month period.
SECTION 2 . This ordinance, together with the names of
council members voting for and against, shall be published once in
full, at least three days prior to its final passage, in the
Telegram Tribune, a newspaper published and circulated in this
City. The ordinance shall go into effect at the expiration of 30
days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 21st day of r'ac ,
Ordinance No. 1279 (1995 Series)
Page Two
1995, on motion of Council t amber Smith seconded by
Council t'eirber ?coalman , and on the following roll call vote:
Ayes: Council fkmbers Sr•.tith, RDalrtan, Williams and :'ayor Settle
Noes: ?lone
.Absent: Vice Mayor Ibriero
Mayor Allen Settle
ATTEST:
Clerk, Diaffi Gladwell
PROV D AS T_Q FORM:
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i At or
C-5�.3