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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) ^-�� 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: J i At or C-5�.3