Resolution Number 18-02-20-01RESOLUTION NO. 18-02-20-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 16-10-17-
01, RELATING TO THE OCTOBER 17, 2016, RENT CONTROL
DECISION REGARDING THEEL NIDO ESTATES MOBILEHOME PARK
Whereas , the City Council of the City of San Juan Capistrano, after due
consideration of the findings, conclusions, and recommendation of the Hearing Officer,
as adopted, and recommended by the Housing Advisory Committee, regarding the
"maximum allowable increase" in accordance with Municipal Code section 2-2.902(d)
and the "fair, just and reasonable return" in accordance with Section 2.2.903(g),
approved a rent increase within El Nido Estates Mobilehome Park located at 27703
Ortega Highway, San Juan Capistrano, on October 17, 2016; and
Whereas, said decision of the City Council was memorialized in
Resolution No. 16-10-17-01; and
Whereas, the owner of the El Nido Estates Mobilehome Park filed a
lawsuit challenging the City Council's decision, raising numerous objections to the City
Council's decision, which lawsuit was entitled, El Nido Estates. LLC v. City of San Juan
Cap is t rano. et. al, Case No. 30-2016-00889750-CU-PT-CJC; and
Whereas, the Orange County Superior Court in the above-referenced
case determined that, with the exception of two issues, the lawsuit was without merit,
and with regard to those two issues has remanded the matter back to the City Council
to amend Resolution No. 16-10-17-01; and
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby amend Resolution No. 16-10-17-01, Section 3, to
read as follows:
"The City Council, after due consideration of the findings,
conclusions, and recommendation of the Hearing Officer, as
adopted and recommended by the Housing Advisory Committee,
regarding the "maximum allowable increase" in accordance with
Municipal Code section 2-2.902(d) and the "fair, just and
reasonable return" in accordance with Section 2.2.903(g), approves
of a rent increase within El Nido Mobile Estates located at 27703
Ortega Highway, effective September 1, 2016, whereby El Nido
Estates, LLC, may select between a rent increase not to exceed
0.9% applied to each unit's rent (ranging from $5 .09 to $10.14 per
month) in accordance with Section 2-2.902(d)(2) or $13 .81 per
month , whichever is greater; however, to the extent El Nido
2/20/2018
Estates, LLC, elects to apply the flat increase of $13.81 per month,
then, as to the units to which that rate was selected, that amount
shall be reduced, effective as of September 1, 2021 , to an amount
not less than $6.98 per month ($13. 81 minus the temporary
increase of $6. 83) or, if greater, the amount provided pursuant to
Section 2-2.902(d)(2) articulated above, to account for the
amortized cost of legal and accounting expenses."
SEVERABILITY: If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions
of this Resolution are severable.
EFFECTIVE DATE AND EXECUTION: This Resolution shall become
effective upon its adoption. The Mayor shall sign this Resolution and the City Clerk
shall attest to the adoption thereof. The City Attorney is directed to file with the court in
the above-referenced action a return specifying the actions taken by this Council to
comply with the terms of the above-referenced writ.
PASSED, APPROVED AND ADOPTED this 20th day of February 2018.
rd ~ S GIO FARIAS, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No . 18-02-20-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 20th
day of February 2018 , by the following vote :
:/i i ouNCIL MEMBERS : Ferguson, Reeve, Patterson, Maryott and Mayor Farias ~ b OUNCIL MEMBERS : None
OUNCIL MEMBERS: None
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