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Home My WebLink About1996-01-23 - AGENDA REPORTS - MH AMEND RENT STABILIZATION (2)City Manager Approval Item to be presented by: Rich Henderson UNFINISHED BUSINESS DATE: . January 23, 1996 SUBJECT: CONSIDERATION OF AMENDMENTS TO THE EXISTING MANUFACTURED HOME PARK RENT STABILIZATION ORDINANCE ORDINANCE NO. 96-8 DEPARTMENT: Community Development Ordinance No. 96-8 was introduced to the City Council on January 9,1996. After conducting a public hearing on the item, the Council waived further reading of the ordinance and passed it to a second reading.. Waive further reading and adopt Ordinance No. 96-8 Ordinance No. 96-8 s: \cd\ council\amrd968.mar Adopted. 3' 4 Agenda Itern:w- ORDINANCE NO. 96-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 6.02 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO MANUFACTURED HOME PARK RENT ADJUSTMENT PROCEDURES WHEREAS, the City of Santa Clarita has found it necessary to provide a method by which manufactured home park rent increases may be reasonably managed; and WHEREAS, the City took necessary action on November 27, 1990 to adopt Ordinance No. 90-38 governing such rent increases; and WHEREAS, at its meeting of January 24, 1995, the Council of the City of Santa Clarita directed its staff to conduct a vacancy survey as part of the administration of such ordinance; and WHEREAS, the Council heard a report from the staff at its meeting of June 13, 1995 reporting on the status of the manufactured home park vacancies; and WHEREAS, the Council directed the staff to further consider amendments to its manufactured home park rent stabilization ordinance; and WHEREAS, a committee was formed to meet and discuss solutions to the difficulties of administering the rent stabilization ordinance; and WHEREAS, the committee met over a six-month period and unanimously agreed on a revised ordinance which addressed the issues and concerns previously found to make the administration of the ordinance cumbersome; and WHEREAS, on January 9, 1996, the Council of the City of Santa Clarita received the recommendation of the committee in the form of a revised rent stabilization ordinance, and accepted public testimony on the same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.02.030 shall be amended to read as follows: "B. Leases. The provisions of this Chapter shall not apply to tenancies covered by a lease agreement in existence at the time this Chapter becomes effective. This exemption shall apply only for the duration of the Lease. Upon the expiration or termination of such Lease, this Chapter shall automatically become applicable to the tenancy. Spaces not covered by a such a lease and not exempt LAX2:145375.2 from this Chapter by state law (inclusive of Civil Code Section 798.17) shall be deemed to be spaces regulated by this Chapter." SECTION 2. Section 6.02.060 shall be amended to read as follows: "A. Establishment of Fee. At the time of initial registration or any subsequent registration, Park owners shall pay to the City of Santa Clarita such registration fee for each manufactured home rental space regulated by this Chapter within the Park as may be established by resolution of the City Council. Half of the fee may be apportioned equally among the spaces in the Park and charged by the Park owner to the Residents according to said apportionment by a single annual bill which shall be sent to each Resident within thirty (30) days after the fees have been paid to the City. Such fees shall not be included in the rent. Such registration fee shall not apply to parks and spaces exempt from this Chapter by State law (inclusive of Civil Code Section 798.17)." SECTION 3. Subsection B, of Section 6.02.090 shall be amended 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 90 days prior to the effective date of such adjustment, and issue such notice no later than October first, to be effective either on January first, or on the Resident's anniversary date following January first. The park owner shall post a summary of this Chapter approved by the Panel on the park bulletin board by the date on which the first Notice of Rent Adjustment is sent. The City Clerk shall subsequently set the date of the hearing for all appeals received. A Notice of Rent Adjustment shall set forth all of the following information:" SECTION 4. Part 3 of subsection B, of Section 6.02.090 shall be amended to read as follows:: "3. The right of the Resident to request a hearing before the Panel, pursuant to Subsection of this Section and the fact that a summary of this Chapter approved by the Panel advising residents of the appeal procedure and of the availability of the Panel to deliberate appeals is posted on the park bulletin board." SECTION 5. Subsection D of Section 6.02.090 shall be amended to read as follows: "D. Effective Date of Adjustment. The rent increase specified in the Notice of Rent Adjustment shall become effective on the date specified in said Notice or on the ninety-first (91) day after the notice was served on the Resident, whichever is later, unless an appeal petition signed by residents of at least fifty percent (50%)of the spaces regulated by this Chapter, plus one additional regulated space requests a hearing on the proposed rent increase before the Panel; A request for a hearing must be filed with the City Clerk within forty-five (45) days of service of the Notice of Rent Adjustment. Upon receipt of the request for hearing, the City Clerk shall schedule the hearing to commence no later than forty-five (45) days from the date of receipt of the request for hearing. The City Clerk shall notify the Park Owner or other person designated on the Park's registration and the affected Residents of the time, date, and place of the hearing, Such notice shall be mailed, first class postage prepaid, at least fifteen (15) calendar days prior to the scheduled hearing date." LAX2:145375.2 Ordinance No. 96-8 page 3 SECTION 6. Part 1 of Subsection A, of Section 6.02.120 shall be amended to read as follows: "1. An adjustment of gross space rental income equal to a minimum of three percent (3%) and a maximum equal to the lesser of either six percent (6%) or the annual adjustment in the CPI -U reported each August for the previous twelve month period of August 1 through July 31 reported by the Bureau of Labor Statistics for the Los Angeles -Anaheim -Riverside areas. Such adjustment shall apply to all rental increase effective during the following calendar year. The Director of Community Development or designee, annually, will receive the CPI -U updated result and cause notice of such to be mailed to each Park in the City. SECTION 7. Section 6.02.160 shall be amended by deleting Subsection "A" and relettering subsections "B," "C" and "D" as "A," "B" and "C," respectively.. SECTION 8. That if any portion of this Ordinance is held to be invalid that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. SECTION 9. That the City Clerk shall certify to the passage of this ordinance and shall cause it to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this day of 19 ATTEST: CITY CLERK LAX2: 145375.2 MAYOR Ordinance No. 96-8 page 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, 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 s: \cd\council\mhord968. mar LAX2: 145375.2 CITY CLERK' ORDINANCE NO. 96-8 A SUMMARY OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 6.02 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO MANUFACTURED HOME PARK RENT ADJUSTMENT PROCEDURES SECTION 1: The Santa Clarita Municipal Code is hereby amended as follows Chapter 6.02 Section 6.02.030B. Leases Section 6.02.060A. Establishment of Fee Section 6.02.090B. Notice Section 6.02.090133. Notice Section 6.02.090D. Effective Date of Adjustment Section 6.02.120I. Adjustment of Gross Space Rental Income Section 6.02.160A,B,C,D Re -lettering of section SECTION 2• This Ordinance shall be in full force and effect thirty days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Councilmembers voting for and against the Ordinance shall be published again and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED AND APPROVED this _day of 1996. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 96-8 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the _day of , 1996. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of , 1996, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: City Clerk 96-8s=m.dmg