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Ordinance Number 42316-1- ORDINANCE 61 ORDINANCE NO. 423 MOBILE HOME PARK REVIEW COMMITTEE AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING 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. Amendment. Article 9 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby amended to read as follows: "Article 9 Mobile Home Park Review Committee. "Section 2-2.904. Mobile Home Park Review Committee. "(b) Membership: The Mobile Home Park Review Committee shall consist of a total of five (5) voting members: Two (2) resident electors who are mobile home owners; two (2) mobile home park owners, operators or managers, who are not required to be resident electors; and one (1) shall be a resident elector who is neither a mobile home owner, mobile home park owner, operator nor manager. If, however, any membership cannot be reasonably filled from the designated categories, the City Council may appoint such other person who is capable of fulfilling the duties and obligations herein contained. 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. "Section 2-2.907. Space Rent Increases. "Upon receiving a petition concerning a space rent increase pursuant to Section 2-2.908 herein,the Committee shall within thirty (30) days after filing of such a petition with the Secretary set a public hearing to determine the necessity and/or justification for the increase in space rent. "Section 2-2.908. Review and Hearing Process. "(e) In evaluating the rent increase proposed or effected by the mobile home park owner, the Committee shall consider all relevant factors, including but not limited to, increased or decreased costs to the mobile home 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." -1- SECTION 2. Effective Date. Due to the urgency in this matter, this Ordinance shall take effect and be in force immediately. The nature of the urgency is that two members of the Committee, representing the park owners, have resigned and candidates for replacing these positions are not readily available; the City Council, therefore, requires the authority to select from alternate sources. SECTION 3. City 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 5th day of May 1 1981 , by the following vote, to wit: AYES: Councilmen Friess, Bland, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: Councilman Buchheim APHILLI kRSC -- li' ATTEST: CITY CLEW 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. 423 , which was adopted at a regular meeting of the City Council of the City of San Juan Capistrano, California, held on I May 5 , 1981 . (SEAL) Z2" �— MARY ANN H-�IIll ER, CITY CLERK -2-