Loading...
Ordinance Number 43913'7 ORDINANCE NO. 439 MOBILEHOME PARK REVIEW COMMITTEE AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING ARTICLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND ORDINANCES NUMBERED 412, 423, 425, 427 AND 430, AND ENACTING ARTICLE 9, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (URGENCY) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Enactment. Article 9 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby added to read as follows: "Article 9. Mobilehome Park Review Committee. "Section 2-2.901. Findings. "(a) There is presently, within the City of San Juan Capistrano and the surrounding areas, a shortage of spaces for the location of mobilehomes, resulting in a low vacancy rate and rising space rents. "(b) Mobilehome owners have invested substantial sums in their mobilehomes and appurtenances. "(c) Alternate sites for the relocation of mobilehomes are difficult to find, and moving and installation of mobilehomes is expensive, with possibilities of damage to the units. "This Council does, accordingly, find and declare that it is necessary to protect the residents of mobilehomes from unreasonable space rent increases, recognizing the need of mobilehome park owners to receive a 'fair return' on their investment and revenues sufficient to cover any increased costs of repairs, maintenance, insurance, upkeep and additional amenities. "Section 2-2.902. Definitions. "For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows: (a) 'Assessment' shall mean the unit allocation of the cost of installing, improving, repairing, or maintaining any capital improvement benefiting the resident. "(b) 'Committee' shall mean the Mobilehome Park Review Committee established by this article. "(c) "Consumer Price Index' shall mean the Consumer Price Index for all urban consumers (CPI -U) published for the Los Angeles -Long Beach -Anaheim area. -1- "(d) 'Maximum Allowable Increase' shall, unless otherwise determined by the Committee or the City Council on petition as hereinafter provided, mean the maximum allowable increase in space rent determined by either of the following formulae: 111. Take operating expenses of the park for the twelve month period immediately preceding the date upon which notification of any rent increase is to be made; "Multiply that sum by the percentage of increase in the CPI -U appearing in the latest published Consumer Price Index; "Multiply that product by a factor of 1.1 to arrive at the maximum allowable annual increase in rent for the entire park; "Divide by the number of units in the park to compute the maximum allowable annual rent increase (in dollars) for each space. or "2. Secure the percentage of increase in CPI -U appearing in the latest published Consumer Price Index prior to the date upon which notification of'any rent increase is to be given; "Compute a 'Modified CPI -U' which applies to rental of mobilehome spaces by deleting those items in the CPI -U which do not have a substantial bearing upon the rental of mobilehome spaces; i.e., Food and Beverage; Apparel and Upkeep; Entertainment; Medical Care; "Multiply the above 'Modified CPI -U' by a factor of 1.1 to arrive at the maximum allowable rent increase percentage and apply that product to each space rent. "The percentage increase computed by either of the foregoing methods shall be applied to each space and shall not be applied to the park's mean rent. There shall, moreover, be no more than one increase in space rents within a park during any twelve month period, without the prior approval of the Committee or the City Council. "(e) 'Owner' shall mean the owner, lessor, or designated agent of a park. "(f) 'Park' shall mean a mobilehome park which rents spaces for mobilehome dwelling units. "(g) 'Rent' shall mean the consideration, including any benefit or fee, in connection with the use and occupancy of a mobilehome space in a park or the transfer of a lease or rental agreement for park space, services and amenities, or subletting, but exclusive of any amount paid for the use of the mobilehome dwelling unit. Erm 139 "(h) 'Resident' shall mean any person entitled to occupy a mobilehome dwelling unit pursuant to ownership thereof or a rental or lease arranagement with the owner of the subject dwelling unit. "Section 2-2.903. Mobilehome Park Review Committee: Created:Members:Duties. "(a) Created. A Mobilehome Park Review Committee for the City is hereby created. "(b) Membership. The Mobilehome Park Review Committee shall consist of a total of five (5) voting members: two (2) resident electors who are mobilehome owners; two(2) mobilehome park owners, operators, or managers who are not required to be resident electors; and one resident elector who is neither a mobilehome owner, mobilehome park owner, operator, nor manager. If, however, any membership cannot be reasonably filled from the designated categories, the Council may appoint such other person who is capable of fulfilling the duties and obligations set forth in this article. A quorum shall consist of three (3) members, and any action of the Committee shall require an affirmative vote of not less than three (3) members. "(c) Duties. The Mobilehome Park Review Committee shall undertake and have the following duties, responsibilities, and functions, together with the powers incidental thereto: "(1) To investigate, hold hearings, mediate insofar as possible, and make recommendations to the Council on issues, problems, and legislation relating to mobilehome parks; "(2) To meet upon the filing of a petition by residents or an owner requesting a hearing concerning space rent; to receive testimony and other evidence relating to such petition; and to make appropriate recommendations to the Council; and "(3) To undertake such other duties as may be assigned by the Council from time to time. "Section 2-2.904. Mobilehome Park Review Committee: Membership:Meetings:Compensation. "(a) Appointment. Members of the Mobilehome Park Review Committee shall be appointed by the affirmative votes of not less than three (3) members of the Council and shall be resident electors of the City, except as expressly provided in this article. "(b) service. Each member of the Committee shall serve for a one-year term. -3- "(c) Removal. Any member of the Committee may be removed from such office, with or without cause, at any time, by the Council. No such removal shall be effective unless a motion to that effect, made at a regular, adjourned regular, special, or adjourned special meeting, is carried by the affirmative votes of not less than three (3) Members of the Council. "(d) Meetings. Except as expressly provided in this article, the Committee shall establish the time and place of its regular meetings. All such meetings shall be conducted in accordance with the provisions of the Ralph M_ Brown Act. The Committee shall adopt rules for the transaction of its business and shall keep a record of its proceedings, which shall be open for inspection by any member of the public. "(e) Absence of members. Any member of the Committee who is absent, without sufficient cause, from three (3) successive regular meetings of the Committee shall be deemed to have vacated his office. "An absence due to illness or an unavoidable absence from the City shall be deemed an excused absence of sufficient cause provided notice thereof is given to the secretary of the Committee by such member on or before the day of any regular meeting of the Committee. (f) Organization. The Committee shall annually elect one of its members as chariman and one of its members as vice-chairman. Such election shall take place at the first regular meeting in July. "(g) Vacancies: Qualifications of successors. Whenever a vacancy occurs on the Committee; such vacancy shall be filled in the manner set forth in subsection (a) of this section. Where a vacancy occurs leaving an unexpired term, the subsequent appointment shall be made for the balance of such unexpired term. "Except for the removal of a Committee member, as provided in subsection (c) of this section, or a vacancy due to absence as provided in subsection (e) of this section, notwithstanding the expiration of the term of a Committee member, such member shall continue to serve as such until his successor is appointed and qualified. "(h) Compensation. Each member of the Committee shall be entitled to such compensation as may be set by the Council. Such members shall be entitled to reimbursement for expenses incurred in the performance of their duties if the same is approved, in advance, by the Council. The Committee shall not have the authority to expend or authorize the expenditure of any public funds, except with the prior express approval of the Council. -4- 141 "(i) Terms. "(1) Expiration of terms. The term of a Committee office shall expire on June 30 of the designated expiration year. "(2) Continuance in office. Each member of the Committee holding such office on December 5, 1980, shall continue in such office for the term to which he was appointed; provided, however, the provisions of this article shall control and govern such continuance in office. "(j) Secretary. The City Manager shall designate the Secretary of the Committee and such other advisory positions as he may deem appropriate. He shall provide appropriate clerical assistance for the Committee and shall be responsible for the maintenance of all its permanent records. "Section 2-2.905. Review and Hearing Process. "(a) Upon the written petition of an owner, or of residents representing more than fifty (50%) percent of the spaces within a park, excluding management space, concerning space rents, the Committee shall hold a public hearing. Any such public hearing shall be held not later than thirty (30) days after receipt of the petition by the Secretary, and the Secretary shall notify the Park owner, Petitioner and all other persons specifically requesting such notice at least ten (10) days prior to the date set for hearing. "(b) The Committee shall make its decision no later than ten (10) days after the conclusion of the hearing and forthwith submit its findings and recommendations to the Council. "(c) The Council, based upon its findings, may require the owner to reduce, increase, maintain, or modify the space rent. "(d) Any space rent increases which have been collected by an owner pursuant to an increase which is the subject of a petition for hearing, and which is later determined by the Council to have been excessive, shall be either returned to the residents or credited to future space rents; provided, however, no increase collected prior to December 5, 1980, shall be returned. "(e) In evaluating the rent increase proposed or effected by the mobilehome park owner, the Committee shall consider all relevant factors, including, but not limited to, increased or decreased costs to the mobilehome park owner attributable to utility rates, property taxes, insurance, advertising, governmental assessments, cost of living increases attributable to incidental services, normal repair and maintenance, capital improvements, and the upgrading and addition of amenities or services, as well as a fair rate of return on investments and increased property values. -5- 142 "Section 2-2.906. Sales of Parks and Mobilehomes: Notices. "(a) Sales of parks. Before the sale of any mobilehome park, the park owner shall notify a designated representative of the residents of his intent to sell. Such notification shall specify the sales price; the terms and conditions of the sale; and a date (not to exceed ten (10) days) within which a response from the residents will be accepted. The residents, through their designated representative, within the specified time, shall notify the park owner that the residents will purchase the park on the terms and conditions set forth in the notice; present a counter offer; or decline to purchase the park. "If the residents elect to purchase the property in accordance with the terms and conditions set forth in the park owner's notice, the sale shall be consummated in accordance with the terms and conditions set forth therein. If a counter offer is made by the residents, the park owner shall have ten (10) days within which to respond thereto. If the residents decline to purchase the park, or if their counter offer if rejected by the park owner, the park owner shall be free to sell the park in accordance with the terms and conditions set forth in his original notice. "'(b) Sales of mobilehomes. Before the sale of any mobilehome, the mobilehome owner shall notify a designated representative of the park owner of his intent to sell. Such notification shall specifiy the sales price; the terms and conditions of the sale; and a date (not to exceed ten (10) days) within which a response from the park owner will be accepted. The park owner, through his designated representative, within the specified time, shall notify the home owner that the park owner will purchase the mobilehome on the terms and conditions set forth in the notice; present a counter offer; or decline to purchase. "If the park owner elects to purchase the property in accordance with the terms and conditions set forth in the home owner's notice, the sale shall be consummated in accordance with the terms and conditions set forth therein. If a counter offer is made by the park owner, the home owner shall have ten (10) days within which to respond thereto. If the park owner declines to purchase the mobilehome, or if his counter offer is rejected by the home owner, the home owner shall be free to sell the mobilehome in accordance with the terms and conditions set forth in his original notice. 143 SECTION 2. Effective Date. This Ordinance is for the immediate preservation of the public peach, health or safety and shall, accordingly, take effect immediately. The facts constituting the urgency are: It is the opinion of the City Attorney, based upon judicial decisions and the statues of the State of California, that portions of the original ordinance as amended may be pre-empted; similarly other portions are inapplicable or require clarification. Immediate repeal of such portions of the ordinance is, therefore, necessary to clarify the rights and responsibilities of park owners as well as residents of mobilehome parks in San Juan Capistrano. SECTION 3. Citv Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 3rd day of Nnrremhar , 1981 , by the following vote, to wit: AYES: Councilmen Friess,Buchheim, Bland, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None PI TILLIP 7. SCHWARTZE, MAYOR ATTEST: CITY CLERI 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 Ordinance No. 93.9 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of November 1981. (SEAL) �J ( CHECK LISTMARY ANN H OVER,-I—TYCLERK iRD- NO Y39 RES. NO.._........ Mayor has signed Clerk has signed City Seal stamped __..._ All blanks typed in "Absent""Fj.................................... .._ ... Typed in Official Record Book ._..___ Posted to Classified Ca ds ..__..._. Copies sent to. 5...-..__...__-___....._.....� _..._..._ Legal Publication ordered to be published (date) .._..__._..._..__......-__._....._ ...... .._... No. Affidavits ............. __....... _...... ._.__..._. No. Printed copies required .....5.d.._.__..... ren.rka .x__....1.1.3. _...._ EVAN