Resolution Number 84-9-18-665
RESOLUTION NO. 84-9-18-6
RENDERING DECISION - PETITION OF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RENDERING A
DECISION REGARDING A PETITION BY THE CAPISTRANO
TERRACE MOBILE HOME PARK HOMEOWNERS' ASSOCIATION
PROTESTING RENTAL INCREASES
WHEREAS, a petition by the Capistrano Terrace Mobile
Home Park Homeowners' Association was filed with the City of San
Juan Capistrano on January 19, 1984, and an amended petition
filed thereafter on February 16, 1984, pursuant to Article 9,
"Mobile Home Park Review Committee", Municipal Code Section
2-2.901 et. seq., in protest of rental increases imposed by the
owners of Capistrano Terrace Mobile Home Park; and,
WHEREAS, the Mobile Home Park Review Committee received
and certified the adequacy of the Petition on March 20, 1984;
and,
WHEREAS, the Committee duly held a hearing on March 20,
1984, for the purpose of conducting a preliminary investigation
to determine whether the rental increases in question exceeded
the Maximum Allowable Increase as permitted by Municipal Code
Section 2-2.905; and,
WHEREAS, the Committee concluded that the rental
increases in question did exceed the Maximum Allowable Increase
and thereupon, as required by Municipal Code Section 2-2.905(b),
proceeded with hearings on (a) April 17, (b) May 1, (c) May 15,
(d) June 5, (e) June 26, (f) July 10, and (g) July 24, 1984, to
determine the necessity or justification for the rental
increases; and,
WHEREAS, the City Council has received the written
report and recommendations of the Committee dated July 24, 1984;
and,
WHEREAS, the City Council has reviewed the report and
recommendations of the Committee together with other evidence
identified in the staff report dated August 7, 1984, at the
Council meetings of August 7, 1984, and September 4, 1984; and,
WHEREAS, the City Council in evaluating the rental
increases imposed by the owner has diligently considered all
relevant factors presented in the document submittals, including
increased costs to the owner attributable to utility rates,
property taxes, insurance, advertising, governmental assessments,
cost of living increases to incidental services, normal repair
and maintenance, capital improvements, upgrading and addition of
amenities, a fair rate of return on investments and increased
property values, and existing lease arrangements, as required by
Municipal Code Section 2-2.905(g); and,
-1-
16 6 WHEREAS, Municipal Code Section 2-2.905(e) requires the,
Council to determine the propriety of rental increases which
exceed the "Maximum Allowable Increase" as further defined in
Municipal Code Section 2-2.902(d); and,
WHEREAS, the petition raises the following specific
issues which the Council must determine:
1. Whether or not the Petition of Residents is valid,
complete and acceptable.
2. Whether or not, effective January 1, 1982, or on
their respective anniversary date in 1982,
residents experienced a space rental increase in
the amount of 17.5% and whether or not said
increase exceeded the Maximum Allowable Increase
as defined in Section 2-2.902(d) of the Municipal
Code; and, if affirmative, whether or not the park
owner is able to present an acceptable showing for
the necessity or justification for said increase.
Whether or not, effective January 1, 1983, or on
their respective anniversary date in 1983,
residents who had existing lease agreements
experienced a space rental increase in the amount
of 10% and whether or not said increase exceeded
the Maximum Allowable Increase as defined in
Section 2-2.902(d) of the Municipal Code; and, if
affirmative, whether or not the park owner is able
to present an acceptable showing for the necessity
or justification for said increase.
4. Whether or not, effective January 1, 1983, or on
their respective anniversary date in 1983,
residents who had month-to-month tenancies
experienced a space rental increase in the amount
of 148 and whether or not said increase exceeded
the Maximum Allowable Increase as defined in
Section 2-2.902(d) of the Municipal Code; and, if
affirmative, whether or not the park owner is able
to present an acceptable showing for the necessity
or justification for said increase; and,
WHEREAS, on September 4, 1984, the Council reached
tentative findings and conclusions and directed staff to prepare
proposed findings and a determination for the Council's meeting
of September 18, 1984.
FOLLOWS:
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS
SECTION 1. Sufficiency and Timeliness of Petition.
The City Council hereby finds that the Petition of
the Capistrano Terrace Mobile Home Park Homeowners'
Association protesting space rental increases is sufficient
and timely. In support of this conclusion, the City Council
makes the following subsidiary findings:
-2-
6'7
A. The petition submitted February 16, 1984,
contains 81 signatures of the residents of
the park, which represents 5 signatures more
than the minimum required under the Code.
The minimum number is determined by
multiplying 508 of the total number of spaces
which is 151 or a minimum number of 76.
B. The park owner's contention that 13
signatures are invalid, because they
represent tenants who were not residents at
the time the rental increases were imposed, is
not persuasive. At the time of the filing of
the petition, Municipal Code Section
2-2.905(a) did not restrict petition signers
to only those tenants who were residents at
the time of the increase. Pending litigation
challenging the legality of the City's mobile
home rent control ordinance (Gregory v. City
of San Juan Capistrano (1983), 142C.A.3d72)
placed the City's mobile home ordinance in a
state of suspension between November 1981,
through September 1983. Given the legal
moratorium which blocked the enforcement of
the mobile home ordinance for approximately
two years, it is not inequitable to consider
the concerns of residents paying the rental
increases instituted in 1982 and 1983.
C. The February petition which incorporates the
January petition is proper as to form. The
staff's handling and acceptance of the
revised February petition and the Committee's
acceptance of same is fair and reasonable.
Residents were given an opportunity to
withdraw their names, and 14 persons did
withdraw their names. The owner's contention
that more tenants would have withdrawn their
names if they realized the January Petition
was going to be incorporated into the February
petition is speculative and is not supported
by any credible evidence.
D. The park owner's argument that the
incorporation of the January petition by the
February petition is unfair as a matter of
law, is not supported by the evidence. The
sole purpose of the petition is to
demonstrate that more than 50% of the
residents have a concern regarding rental
increases within the park; that concern was
duly demonstrated and not refuted by any
evidence.
-3-
6 The facts are that the tenants, in a short
period of time, corrected a deficiency in the
January petition caused by the withdrawal of
some of the tenants' names. Based on the fact
that the tenants corrected only the signature
portion of the petition and not the basic
issues or concerns addressed in the petition,
the Council finds that the purpose and intent
of the law was satisfied and incorporation of
the two petitions was fair and proper.
E. The Council finds that the petition was filed
timely in that:
i) Municipal Code Section 2-2.905(a) does
not impose a specific time deadline as
to when a petition protesting rental
increases must be filed with the
Secretary of the Mobile Home Park Review
Committee. The Council finds that
whether the petition was filed timely is
a question of reasonableness under the
circumstances. The pending litigation
which challenged the legality of the
City's mobile home ordinance (Gregory v.
Citv of San Juan Capistrano) did not
officially end until September, 1983.
The petition was filed in early January,
1984. Confusion and controversy existed
as to how the City's ordinance would be
implemented when the litigation
terminated. The Council finds that
mobile home park residents required
additional time to consider their options
following publication of the Court
decision in the Fall of 1983.
ii) Further, Municipal Code Section
2-2.905(f) contemplates that rental
increases may be reduced retroactively,
excepting rental increases instituted
prior to December 5, 1980. Given this
fact in combination with the legislative
finding of the Council in Municipal Code
Section 2-2.901(c) (that it is necessary
to protect the residents of mobile homes _
from unreasonable space rent increases),
Council must conclude that it is fair
and reasonable for the Mobile Home Park
Review Committee and the City Council to
review the propriety of rent increases
during the period of 1982, and 1983,
even though the initial petition was
filed in January of 1984.
-4-
69
F. The Council finds that residents with lease
agreements should be free to sign the
petition because:
i) The Municipal Code did not restrict any
resident from signing the petition at the
time of the petition submittal;
ii) The Municipal Code intended that all
residents -tenants have the right to
petition for City review of rent
increases at the time of the petition
submittal;
iii) Notwithstanding the inviolability of
existing lease agreements made during
1982, there is significant value and
importance to a discussion and review of
the 1982, and 1983 increases in that
these increases will influence future,
potential rental increases throughout the
park.
SECTION 2. Necessity and Justification for 1982
Rental Increase.
A. The City Council hereby finds that (1)
effective January 1, 1982, or on their
respective anniversary date in 1982,
approximately eighty-seven (87) residents
experienced an increase in their space rental
payments in the amount of 17.58; (2) these 87
residents had existing lease agreements
within which said space rental increase was
provided for and agreed upon; and, (3) it is
beyond the scope and authority of the City to
abrogate or otherwise alter the terms and
conditions of valid lease agreements entered
into between residents and a park owner.
B. The City Council hereby finds that (1)
effective January 1, 1982, or on their
respective anniversary date in 1982,
approximately sixty-four (64) residents
experienced an increase in their space rental
payments in the approximate amount of 17.5%;
(2) these 64 residents were on month-to-month
tenancies; (3) said space rental increase did
exceed the Maximum Allowable Increase as
defined in Section 2-2.902(d) of the
Municipal Code; and, (4) an acceptable
showing for the necessity and justification
for said rental increase imposed upon
residents with month-to-month tenancies was
provided by the park owner in accordance with
the following subsidiary findings:
70
i) The applicable Maximum Allowable
Increase computed in accordance with
Section 2-2.902(d)(2) of the Municipal
Code was eight percent (8%).
ii) In 1982, the park owner experience an
increase in operating expenses in the
approximate amount of 15.50%
iii) In 1982, as a result of the imposed
space rental increase, the park owner
experienced an increase in revenues in
the approximate amount of 15.588.
iv) In 1982, the park owner experienced an
expense in the appropriate amount of
$57,7000 for the installation of fire
hydrants, and said expense justifies a
portion of and is included within the
imposed space rental increase of 17.58.
SECTION 3. Necessity and Justification for 1983
Rental Increase.
A. The City Council hereby finds that (1)
effective January 1, 1983, or on their
respective anniversary date in 1983,
approximately one hundred thirteen (113)
residents experienced an increase in their
space rental payments in the amount of 10%;
(2) these 113 residents had existing lease
agreements within which said space rental
increase was provided for and agreed upon;
and (3) it is beyond the scope and authority
of the City to abrogate or otherwise alter
the terms and conditions of valid lease
agreements entered into between the residents
and a park owner.
B. The City Council hereby finds that (1)
effective January 1, 1983, or on their
respective anniversary date in 1983,
approximately thirty-eight (38) residents
experienced an increase in their space rental
payments in the approximate amount of 14%;
(2) these 38 residents were on month-to-month _
tenancies; (3) said space rental increase did
exceed the Maximum Allowable Increase as
defined in Section 2-2.902(d) of the Municipal
Code; and (4) no acceptable showing for the
necessity and justification for said increase
imposed upon residents with month-to-month
tenancies was provided by the park owner in
accordance with the following subsidiary
findings:
ma
71
i) The applicable Maximum Allowable
Increase computed in accordance with
Section 2-2.902(d)(2) of the Municipal
Code was two and one-tenth percent
(2.1%).
ii) In 1983, the park owner experienced a
decrease in operating expenses in the
approximate amount of 5.63%.
iii) In 1983, as a result of the imposed
space rental increase, the park owner
experienced an increase in revenues in
the approximate amount of 13.25%.
iv) The City Council has given consideration
to the park owner's fair rate of return
on investments and increased property
values and finds that:
(a) The automatic award of an increase
of 2.1% pursuant to Municipal Code
Section 2-2.905(e), as opposed to
the 14% increase imposed on
month-to-month tenants, still
places the owner in a substantial
positive cash flow position,
resulting in a fair profit for the
owner in 1983.
(b) The park owner has submitted four
alternative "rate of return"
schedules using different
assumptions. Method I shows a net
income of $31,503; Method II a net
income of $127,181; Method III a
net income of $283,788; and Method
IV a net income of $188,110. Under
Methods II, III and IV, a reduction
in the rent increase of 1983 from
14% to 2.1% would not significantly
reduce net income as projected on
these schedules.
Method I shows a substantially
lower net income largely because of
a depreciation write-off. Council
finds that this schedule does not
fairly project the owner's rate of
return because depreciation is not a
direct out-of-pocket expense.
Method II, III and IV, for purposes
of rental increase review under the
City's ordinance, offer a more
,realistic analysis of the owner's
financial profitability.
-7-
72
In conclusion, a rental increase
rollback from 148 to 2.18 will
still provide the park owner with a
just and reasonable profit as
demonstrated by the owner's own
rate of return schedule (see
Exhibit "A" attached hereto). The
Council makes this conclusion after
carefully considering and balancing
the rate of inflation for 1983,
operating expense and capital
costs, gross income, and projected
net income.
SECTION 4. Conclusions and Decisions.
A. The Petition of Residents is valid, complete
and acceptable.
B. The 1982 space rental in the amount of 17.58
experienced by residents who had existing
lease agreements shall not be abrogated or
otherwise altered by the City.
C. The 1982 space rental increase in the
approximate amount of 17.58 experienced by
residents who were on month-to-month
tenancies shall be allowed to stand as
imposed.
D. A surcharge separate from monthly space
rental payments to recover expense incurred
in 1982 as a result of the installation of
fire hydrants shall not be allowed to be
imposed upon residents who were on
month-to-month tenancies.
E. The 1983 space rental increase in the amount
of 108 experienced by residents who had
existing lease agreements shall not be
abrogated or otherwise altered by the City.
F. Any resident not on a leasehold who received
a 148 space rental increase during 1983 shall
have his/her rent increase reduced to 2.18
effective from the date of the increase. _
Pursuant to Municipal Code Section
2-2.905(f), the excess rent collected shall
be returned to the resident or credited to
his/her future space rental payments.
NO
73
SECTION 5. Owner Payback Plan.
The City Council orders that the park owner shall
within fifteen (15) working days submit to the City Council
for approval a rent repayment plan arising from the space
rental reduction finding as set forth in Section 4 of this
Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of
September 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
CITY CLQ C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 84-9-18-6 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 18th day of
September , 1984 .
(SEAL)
MARY ANNOVER, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 24th day of September 1984
she caused to be posted:
being:
RESOLUTION NO. 84-9-18-6
DECISION -
ray
OF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RENDERING A
DECISION REGARDING A PETITION BY THE CAPISTRANO
TERRACE MOBILE HOME PARK HOMEOWNERS' ASSOCIATION
PROTESTING RENTAL INCREASES
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK
CHECK LIST
ORD. 0...__.._. RES. NO.- .......
.... Mayor has signed
Clerk has signed
.....1/..- City Seal stamped
......
..... All All blanks typed in
..Absent" ............ ...--_....--..._....__....
Noes" ............---------- ..........
......G.. Typed in Official Record Book
.............. Posted to Classified Cards
_........... Copies sent to
_A.dS. Legal Publication ordered to be published
(date) ----------- ---- .._........._.--- ..............---- ---
No. Affidavits ------ --- --------- .I-- ------
No. Printed copies required .._.........
Remarks.._ .... ...................... ....._.......... ._..----------......-..............._....----
�
"/a ..
----------------- ................................................
MARY ANN A OVE , CITY CLERK
San JuailCapistrano, California
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