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HomeMy WebLinkAbout1994-07-12 - AGENDA REPORTS - HOME PARK CLOSURE CONVERSIONCONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Item to be prc Rich Henderson DULY 12, 1994 MANUFACTURED HOME PARK CLOSUREXONVERSION ORDINANCE COMMUNITY DEVELOPMENT On May 10, 1994, this item was continued after the Council heard testimony regarding the adequacy of the relocation costs as outlined in the draft ordinance. The Council asked the staff to research several issues. The Golden State Mobilehome Owners League has produced a model ordinance regulating the conversion of mobilehome parks to other uses. Section IX addresses relocation assistance. The City Attorney is forwarding a letter to the Council which describes the results of a city in California adopting an ordinance with provisions similar to Section IX. Besides the legal impact, the economic impact could be very heavy on any park contemplating a potential closure, to the point of making closure infeasible. Relying on direction from the Council, staff began to formulate a new Section 6.04.070 entitled Allowable Relocation Costs and Conditions on Park Change in Use. An attempt was made to set a value on a mobilehome which depreciates over time, and require purchase of those mobilehomes which can not be relocated. The City Attorney advised staff that such an ordinance would be very similar to the City of Carson's. That ordinance has been accepted for review by the State Supreme Court on appeal. Carson may spend several hundred thousand dollars in legal fees before their ordinance is through the legal system. The draft ordinance which was presented on May 10 included all the reasonable costs of relocation which are assuredly defensible to challenge. Any greater benefits to mobilehome owners, such as a requirement of relocation or purchase of each mobilehome, will entail some risk of legal challenge. One possible exception is to reach an agreement with all mobilehome park owners wherein the City gives assurance that the new spaces for relocation will become available, through incentives for the creation of such a new park for relocated homes in the a ?000 FEB 1-j rat 11: cxl city The closure of a mobilehome park presently requires the local jurisdiction to approve a plan for reasonable relocation benefits. Therefore if the City doesn't adopt an ordinance regulating closures, it still retains the ability to review the plan for compensation to mobilehome owners. RECOMMENDATION Based on advice from the City attorney, staff recommends that the City Council not adopt an ordinance at the present time, but wait for the legal issues to be sorted out by others. RH:lep council\mhcloaur.rh