HomeMy WebLinkAbout1991-05-28 - AGENDA REPORTS - ORD 90 38 RENT STABILIZATION (2)AGENDA REPORT
City Manager Approval a44L/
Item to be present
UNFINISHED BUSINESS Lynn M. Harrism.
DATE: May 28, 1991
SUBJECT: Amendments to Ordinance 90-38 relating to Manufactured Home
Rent Stabilization Procedures
Ordinance Number: 91-24
DEPARTMENT; Community Development
BACKGROUND
This item was continued from the meeting of May 14, 1991, to allow time for
further review of recommended changes to the Mobilehome Park Rent Adjustment
Ordinance, and to allow the City Attorney an opportunity to proposeamendments
consistent with recent state legislation.
The Staff Report of April 23 (attached) summarized the five proposed changes
to the ordinance. The two areas which have caused the most concern and
telephone calls are;
1. The monthly or annual adjustment for rent increase; and
2. The ability for a Mobilehome Park to be exempted from the ordinance upon
satisfaction of leasing arrangements.
The draft ordinance clarifies that all increases are on an annual adjusted
basis. For 1991, the CPI increase is six per cent (6%). This number would
then be adjusted each January.
The new changes to the state law allow a new or current park tenant to accept
a lease of one year or more. Tenants have a right to accept leases of less
than one year. A park owner may no longer insist on a long term lease as a
condition for new move -ins.
Staff has been in contact with both park owners and residents. The park
owners feel that the ability to exempt a park was negotiated in good faith,
and therefore should be retained. One alternative the Council may wish to
explore is to send the proposed changes back to Committee before taking action.
The City Attorney has written further information on changes, which are
attached.
RECOMMENDATION
introduce ordinance, waive further -reading and pass to second
reading.
ATTACHMENT n nnnOnn n
Agenda Report dated April 23, 1991 UU �„endaItem:
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ORDINANCE N0. 91- 24
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING CHAPTER 8.58 OF THE SANTA
CLARITA MUNICIPAL CODE RELATING TO
MANUFACTURED HOME PARK RENT ADJUSTMENT
PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES•ORDAIN AS FOLLOwGe
SECTION .1. Subsection C of Santa Clarita Municipay
Code Section 8.57.030 is hereby repealed. �r
SECT D11 Z. Section 8.57.070 of the Santa C arita
Municipal Code is hereby repealed in its entirety.- y
1=10-N.2. The Santa Clarita Municipal Code is hereby
amended at subsection 8.57.090A to read as follows:
A. Prohibition of Adiustments. No increase
in space rent shall be.permitted except
for an annual rent adjustment as provided
for herein.
2=1911 A.
subsection 8.57.090B e
77.090B ishereby amended atSanta Clarita nthe pparagraph
al Code t
entitled "Notice" and at subpart (4) to read as follows:
B. Notice. Prior to the annual rent
adjustment; the park owner shall provide
the resident with a Notice of Proposed
Rent Adjustment at least 60 days prior to
the effective date of such adjustment. A
Notice of Rent Adjustment shall set forth
all of the following information:
(4) The park owner and resident shall
execute a single document related to
the annual rent adjustment, stating
that the information, documents or
notices required byithis section
have been received.by the tenant.
The original of the document
acknowledging receipt of
information, documents or notices
required by this section shall be
retained by the owner and a copy
thereof provided to the resident.
In the event a resident fails or
refuses to execute the document
required herein within ten (10) days
after park owner's request that the
tenant do so, the park owner shall
prepare a declaration under penalty
of perjury stating that the
information, documents, or notices
required by.this section have .been
delivered to the resident, the date
the park owner requested the
resident to sign the joint document
acknowledging receipt, and the date
the declaration was executed.
The remainder of Section 8.57.090 shall remain unchanged.
SECTION a. Subsection A. (1) of section 8.57.120 is hereby
amended to read as follows:
A. Adjustments deemed reasonable. The
following adjustments in rent shall be
deemed reasonable:
(1) An adjustment
income equal
percent (6%)
equal to the
adjustment in
of ttie notice
adjustment.
of gross space rental
to the lesser of a six
increase or an increase
prior January's annual
the CPI from the date
of proposed rent
The remainder of Section 8.57.120 shall remain unchanged.
SECTION A Chapter 8.57 of the Santa Clarita
Municipal Code is hereby amended to renumber the entire
chapter to 6.02. The numbering Por each section shall
hereby be 6.02.010, et seq. Title 6 is hereby entitled
"Consumer Protection."
SECTION Z. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published as required by law.
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19_. PASSED AND APPROVED this day of
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, , City Clerk of the City of
Santa Clarita, do -hereby certify that the foregoing
Ordinance No. was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the day of , 19 That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
19_, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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tbm/ORN127080
4
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MAY - 3 1991
COMMUNITY DEVELOPMENT
OITV C F SAN -A C LARITA
April 30, 1991
Its. Lynn Harris
Director of Community Development
City of Santa Clarita
23920 Valencia Blvd., Suite 300
City of Santa Clarita, CA 91355
Re: Draft Ordinance 91-24
Dear Ms. Harris:
Thank you for your letter dated April.26, 1991 regarding the proposed
amendments to Ordinance 90-38.
I have reviewed the proposed amendments and I believe they address my
problem with the original ordinance, particularly Sections 1 and 2..of
the draft ordinance.
If this ordinance is passed, I believe it will provide the protection
that was intended in the original ordinance. You have my full support.
Please let me know if I can help in any other way.
Very itruly yours,
Marilyn L. Thomas
18540-163 Soledad Canyon Road
Canyon Country, CA 91351
MAY -01-191 09:16 ID:MASTEY i USA TEL N0:1905-257-9203
BY FAX - PLEASE FORWARD TO LYNN HARRIS
May 1, 1991
Lynn M. Harris
Director of Community Development
City of Santa Clarita
23920 Valencia Blvd., Suite 300
City of Santa Clarita, CA 91355
Dear Ms. Harris:
#521 P01
In response to your correspondence of April 26, 1991, 1 want to thank you
for including .me regarding the proposed changes to the Mobile Home Rent
Stabilization Ordinance. 1 would also suggest that if you want a written
response, that you allow more than two days time in which to answer. I
received your correspondence on April 29th.
I agree with all points of the amendments --of course, since I presented
Items 3 through 4 to the City Council, I feel exceptionally strong about
them.
n the original negotiations with the park owners to establish an ordinance,
it was understood and accepted by all parties, including Ken Pulskamp,
that all matters pertaining to rent increases were to be on an annual basls.
Unfortunately, that seems to have been lost in the application process and
must be spelled out to eliminate any double -meaning.
Regarding Items 1 and 2; the park owners have again shown that they will
take advantage of any situation that is not beyond their control to
manipulate dates, facts, or figures. That is why the ordinance was
written. Until we passed the ordinance, each park was its own "kingdom"
with any and all rules established by the owner. The County seldom, if
ever, enforced its flimsy policy and park owners had a field day. (if you
ever want any visual examples of minimum park maintenance and maximum
park rent Increases, pleasecallme.) It is best to remove any figures that
the park owner can "play" with for their benefit.
Thank you again for including me. We are not totally finished with some of
the changes to the ordinance, but have made great strides in eliminating
the ones that have proven to be the most vague.
Sin
Thea Paul
26419 Doveweed Way
Santa Clarita, CA 91350 a
MAY- 19-91 T H U 19:44 G o I d a n r e l d
RECEIVED
MAY 13 1991
LYNN M. HARRIS
01MOW or a mmmily oar.
May 9, 1991
Ms. Lynne Harris,
Ms. Joanne D'Arcy, Counoilperson
and remaining members of Council
City of Santa Clarita
23920 Valencia Blvd. # 300
Santa Clarita, Calif. 91355
TO BE READ AT THE CITY COUNCIL MEETING:
Dear Councilpersons,
P . 0 1
I am one of the principal owners of the Granada Villa Mobile Home
Park at 18540 Soledad Canyon Blvd., Santa Clarita,.Cal.
It has come to my attention that the City Council will be meeting
the week of May 13, 1991 to amend the Santa Clarita Municipal Code
relating to Manufactured Home Parks, Ordinance 90-38, relating to
rent control procedures, specifically 8.57.030 (C) regarding the.
removal of the paragraph that Mobile Home Parks with 66% of the
occupied spaces under leases, are not subject to this ordinance.
Until the other day when I received notification that this
amendment would be heard in a second reading by the City Council,
I had never been notified, or was aware that there had been a first
reading by the City Council. If I had been aware, I would have
attended to voice my views.
Unfortunately, I will be out of the State of California the week
of May 13 to May 23, 1991, the week of the second hearing by the
City Council.
I am asking the City Council to either delay this second hearing
until the next thereafter scheduled Council Hearing, or if that is
not feasable, to ask that this amendment be defeated.
You all are aware that for the past year and a half,
-' considerable time working with the City of Santa
resident representatives, and other park owners in
ordinance.
I have spent-
Clarita, the
drafting this
You also know that I am at the present time, the only
representative available from the Mobile Home Park Owners of Santa
Clarita willing to serve on the Manufactured Home Rental Adjustment
MAY- 9- 9 1 T H U 1 9: 4 4 G o t ct e n f e 1 d
r
(2)
P _ 0 2
Panel. unfortunately, no other Park Owner desires to serve on this
Panel.
I am asking for this delay and or otherwise, this amendment change
be voted down for the following reasons:
I. I feel that my park and I are being discriminated against
because of problems with Mulberry, Greenbrier, and Cordoba Mobile
Home Parks who do not have long term leases.
2. Granada viiia Mobile Home Park has 173 out of 179 spaces on
long term Transferrable Leases. The other six spaces have declined
leases other than month to month since most of these six spaces
have their coaches for sale or belong to.dealers. However, we do
not discriminate on those six spaces regarding a sale to a new
resident.
3. One of the major reasons that I have cooperated with the City
of Santa Clarita, given numerous hours to the Manufactured Home
Rental Adjustment Panel, was, although I as a Park owner have been
against rent stabilization by the City of Santa Clarita,
nevertheless, I have worked hard on this panel. In fact, I
conducted the first hearing as Chairman and was advised by the City
Staff of Santa Clarita, that I conducted a fair and impartial
hearing.
I felt that since my park was removed from the ordinance, that
since my park was stabilized with over 96% on long term
transferrable leases, I could serve as a fair and impartial
arbitrator on the Manufactured Home Rental Adjustment Panel.
For these reasons, amending the ordinance takes away any incentive
that I have.
Respectfully yours,
Respectfully
t'jd'k -
Ernest.A. Goldenfeld,
Operating. Partner
Granada villa Mobile Home Park
18540 Soledad Canyon Blvd.
Santa Clarita, Cal. (213) 937-2229, Fax (213) 472-8955