Loading...
HomeMy WebLinkAbout2012/02/14 Item 06r ~ CITY COUNCIL ~ AGENDA STATEMENT ~~~ CITY OF CHULA VISTA FEBRUARY 14, 2012, Item~p ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MOBILEHOME PARK SPACE - RENT REVIEW ADMINISTRATIVE FE~E~GULATIONS SUBMITTED BY: ASSISTANT CITY MANAGE~yIRECTOR OF DEVELOPMENT SER ICES REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO SUMMARY This item was continued from the January 2~ 20I2 agenda, all changes since that meeting have been italicized in this staff report. On July 19, 2011 City Council approved various amendments to Chula Vista Municipal Code 9.50 (Chapter 9.50) - Mobilehome Park Space -Rent Review. One amendment included the addition of an Administrative Fee to continue to provide mobilehome residents services and benefits available to them under Chapter 9.50. At this time, staff is bringing forward the Administrative Fee Regulations to implement the fee. Once staff has completed the necessary data collection, the proposed fee amount will be brought back for City Council adoption in the Master Fee Schedule. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmenta] Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental administrative action that will not result in direct or indirect physical changes in the environment. Therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. 6-1 FEBRUARY 14, 2012, Item Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION On May 3151 the Mobilehome Rent Review Commission (MHRRC) recommended that the City Council adopt staff s recommendation (5-0) to amend Chapter 9.50, inclusive of the administrative fee. DISCUSSION Effective August 18, 2011, Section 9.50.030 established an Administrative Fee be assessed upon all eligible mobilehome residents that receive services under Chapter 9.50, including, but not limited to, a rent calculation which results in reduced rents and related ombudsman services. The establishment of this fee was necessary in order to ensure a consistent funding source for implementation of the ordinance. Since collection of the fee requires significant cooperation by both pazk owners and residents, staff has developed draft regulations for a process to collect the necessary data to assess the fee annually, which is being brought forwazd at this time (Attachment 1 - "CVMC 9.50 Mobilehome Park Space -Rent Review Administrative Fee Regulations"). The fee would be assessed annually on all mobilehome resident spaces qualifying for protection under Chapter 9.50, and approved by City Council as part of the Master Fee Schedule. It is anticipated that approval of the fee will be brought forwazd for Fiscal Year 2012/2013 in June of 2012, with billing commencing shortly thereafter. Staff will conduct public outreach meetings in April to answer resident questions related to the Administrative Fee. In addition, per previous Council direction, City staff has offered to host a joint meeting between the Chula Vista Mobilehome Park Owners Association (park owners) and Chula Vista Mobile Home Residents Association (residents) to discuss the establishment of ongoing voluntary meetings of the groups. Staff would host the initial meeting, however would only participate in future meetings at the request of the associations. January 24 2012 Council Direction The following items were requested from staff at the previous meeting. Staffing Costs -Services under Chapter 9.50 and that would be applied towards calculating the administrative fee would include the following.' • Ombudsman activities -Housing staff time related to mobilehome resident inquiries regarding rights under Chapter 9.50. • Mobilehome Rent Review Commission -Housing and Attorney staff time related to preparation and attendance for Commission meetings and hearings. • Annual Permissive Rate -Housing staff time related to preparation and mailing of biannual Consumer Price Index (CPI) notices of the Annual Permissive Rate. • Eligibility Confirmations -Housing staff time updating the database of residents on rent review and the annual eligibility confirmation process with park owners. • Billing -Housing, Finance andlor outside services staff time associated with fee collection. The actual cost and preferred method is currently being researched. 6-2 FEBRUARY 14, 2012, Item Page 3 of 4 A concern regarding the prevention of annual spikes in the fee was raised at the 1/24/12 meeting. Based on historical data, staff does not anticipate the level of hearings to exceed one per year, and administrative costs have been consistent over years for staff time to prepare and hear cases. The main concern with spiking is if residents do not pay the fee due to opting out or entering into exempt leases. This is outside of the City's control; however city staff will make all efforts to educate the residents on the necessity to pay the fee in order to retain their rights under rent review through the public outreach in April 2012 and annual mailings. Fee Exemptions for Very-Low Income Residents - It was suggested that staff look at ways to assist the most financially vulnerable mobilehome residents by waiving or reducing the fee. Arty efforts to do so would require Council to approve an alternate funding source for those residents that income qualified for a waiver, which at this time would only be eligible under the General Fund. This would also add adminish~ative staffing costs, requiring income verifications and additional ombudsman related activities, thereby increasing the overall fee. Due to the City's current economic situation, staff would recommend no fee waivers or reductions for the coming fiscal year, but revisit this concept during future budget cycles. However should Council desire to consider General Funds towards this cause for Fiscal Year 2012/2013, staff would recommend limiting the consideration to residents that are below thirty percent area median income (30% AMI), meeting the Extremely-Low Income (currently $16,900 for a household size of 1 person) U.S. Department of Housing and Urban Development standard. Demographic Survey - In an effort to streamline the administration and process of current efforts to determine those eligible under rent review, staff would recommend that the annual billing process be used as a mechanism for collecting future demographic data, surveying residents, andlor the dissemination of information from the City, rather than the initial data collection. Resident and Park Owner Input -Since the January 24, 2012 meeting staff has met with representatives of both the Chula Vista Mobilehome Park Owners Association and Chula Vista Mobile Home Residents Association, all changes associated with those meetings have been incorporated in Attachment 1. DECISION MAKER CONFLICT City staff has determined that Councilmember Ramirez has property within 500 feet of a mobilehome park, but upon review of the scope of the proposed action and the extent to which a material effect is contingent upon intervening events, any material financial effect is not reasonably foreseeable within the meaning of FPPC regulation 18706. CURRENT YEAR FISCAL IMPACT None, administrative expenses related to CVMC 9.50 have been appropriated in the Housing Authority budget for Fiscal Year 2011/2012. 6-3 FEBRUARY 14, 2012, ltem~ Page 4 of 4 ONGOING FISCAL IMPACT The amendments establish an administrative fee as of July 1, 2012 to offset staff time and other administrative expenses currently being paid by Housing Authority reserves. ATTACHMENTS 1. CVMC 9.50 Administrative Fee Regulations Prepared by: Stacey Kurz, Senior Project Coordinator, Development Services Department, Housing Division 6-4 ATTACHMENT 1 CVMC 9.50 MOBILEHOME PARK SPACE -RENT REVIEW ADMINISTRATIVE FEE REGULATIONS _,._.~ CIN OF CHULA VISfA 6-5 Adopted by City Council Resolution No. 2012- on February 14, 2012 Mobilehome Park Space -Rent Review Administrative Fee Regulations On July 19, 2011 the City Council of the City of Chula Vista adopted various amendments to Chula Vista Municipal Code 9.50 (CVMC 9.50). Such amendments included a new section of the ordinance, 9.50.030 "Administrative Fee", to establish a fee to provide the mobilehome residents unique services and benefits available to them only under Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and exceeding the annual permissive) which results in reduced rents and related ombudsman services. A Fee is required to continue these services due to the reduction of the funds from which these programs were previously funded. The mobilehome park resident households are the only residential group that receives these unique benefits and services, per 9.50.030. The first fiscal year for which a Fee must be paid by an Eligible Resident Household as defined hereinafter is July 1, 2012. This set of regulations defines the process for initial and ongoing data collection efforts to establish the Eligible Resident Households and the Fee to be paid by each Eligible Resident Household on an annual basis as set forth in the City's Master Fee Schedule. Participation in this program is at the election of the Eligible Resident Households. 1. INITIAL SETUP AND DATA COLLECTION TO IMPLEMENT THE PROGRAM a. Eligible Mobilehome Park Space Resident Households. Eligible Mobilehome Park Space Resident Households ("Eligible Resident Households") must be a "Homeowner" as defined in Civil Code section 798.9 and have a "tenancy " in the mobilehome park as defined in Civil Code section 798.12, with a valid rental agreement. Any resident household with a lease which complies with California Civil Code 798.17 is ineligible under CVMC 9.50. California Civil Code 798.17 outlines leases which are exempt from rent control. b. Determination of Eligible Resident Households. In order to establish the initial number of Eligible Resident Households covered under Chula Vista Municipal Code 9.50 and thus determine the correct fee to each Eligible Resident Household, the City shall coordinate with park owners and residents to establish such eligibility. i. City's Obligations: 1. The City will send to the Park Owners a proposed mailing address for each Pazk to confirm space numbering in the park. The Park Owners will confirm or correct the City's mailing list. 2. The City will mail an initial "Notice of a Resident Survey," as provided in substantial form in Attachment 1, for park owners/managers to post in common areas during this initial one time setup period. 6-6 Page 2 of 10 3. Then, City will mail a "Postcard" to all residents, as provided in substantial form in Attachment 2, to establish whether residents are Eligible Resident Households under Chapter 9.50 or are exempt from such fee because of a space rental agreement that meets the requirements of California Civil Code Section 798.17. 4. The City will prepare an "Eligibility Report Confirmation" based upon the response from the resident and send such list to the park owner to confirm or object to eligibility coverage under Chapter 9.50. The park owner objections shall be provided on the form entitled "Eligibility Objections," Attachment 3. The City will notify the affected resident with a copy of the "Eligibility Objection," and will adjudicate the objections with the resident bearing the burden of proof by a preponderance of the evidence, and park owner having the opportunity to submit evidence in opposition within thirty (30) days after resident submits their evidence. City shall not be required to identify or contact residents who are nonresponsive to the "Resident Survey" or "Eligibility Objection". Residents' Obligations. Resident shall respond to the postcard, in Attachment 2. The postcard provides a release of information for collection purposes and allows the City to coordinate and confirm the eligibility of residents with park owners. The postcard further provides, and such tenants shall, waive any claims or causes against causes of actions against the park owners for providing the requested information or confirming eligibility. If the affected resident disagrees with the "Eligibility Objection" the burden of proof shall lie with the resident to provide documentation proving eligibility within 30 days of the City letter notifying of the objection. iii. Park Owners' One Time Obli atg ions. The City will prepare and send park owners a list of mailing addresses to confirm all spaces within their parks. After the City has compiled responses through the resident postcards, the City will prepare and send an "Eligibility Report Confirmation" to the park owner to confirm those residents that have claimed eligibility of coverage under Chapter 9.50. Park owners shall return such "Eligibility Report Confirmation" to the City within 30 days of receipt. If a park owner identifies a resident as being ineligible for coverage under Chapter 9.50, the park owner shall complete the "Eligibility Objection", Attachment 3, and send a copy of such objection to the City. The park owner shall not be responsible nor required to identify or contact residents who are non responsive to the "Resident Survey" or "Eligibility Objection". iv. Dispute Between Resident and Park Owner Regarding Eli ig bilitX Any dispute regarding eligibility shall be handled in the manner set forth in Section 2.b. g-7 Page 3 of 10 c. Determination of Initial Fee. After City data collection, staff shall prepare a report for City Council to establish the fee per Eligible Resident Household for fiscal year 2012/2013 (July 1, 2012 -June 30, 2013) and adopt such fee in the City's Master Fee Schedule. Such fee shall be established by dividing the number of resident households determined eligible for Chapter 9.50 through the "Eligibility Report Confirmation" into the dollar amount necessary to recover the costs of administering Chapter 9.50 as determined by previous year(s) expenditures and anticipated administration in the upcoming yeaz to arrive at the estimated annual fee per Eligible Resident Household. City shall send billing for the Administrative Fee directly to each confirmed Eligible Resident Household, identified in the "Eligibility Report Confirmation". d. Failure to Pay Fee. If an Eligible Resident Household fails to pay the fee when due or within the sixty (60) days grace period thereafter, the Eligible Resident Household will be ineligible and have forfeited rights to and for the unique benefits and services provided under Ordinance 9.50 for the remainder of that fiscal year (July 1 -June 30). No petition will be accepted from a resident opposing a rent increase above the annual permissive and no hearing or other proceeding shall be scheduled or take place for a mobilehome space rent in which there is an unpaid Fee during that fiscal year, per 9.50.030(E). A Tenant may pay the fee the subsequent fiscal year and on a going forward basis receive the benefits and services set forth in Chapter 9.50. Should a dispute arise over the forfeiting of rights due to non-payment of the Fee, the dispute shall be handled in the manner set forth in Section 2.b. 2. PROGRAM REGULATIONS APPLICABLE AFTER INITIAL SET-UP a. Annual Determination of Resident Eligibility. i. Resident Household Annual Certification of Eli i¢ bility Based Upon Occupancy Criteria. Annually the City shall mail to each resident household which, qualified the year prior as arent-control qualified resident household ("Qualified Resident Household") a postcard (as provided in substantial form in Attachment 2) to recertify their status as a "Qualified Resident Household." The Pazk Owners shall not be responsible and required to participate in the distribution or collection of the Annual Certification of Eligibility nor to identify or contact residents who do not respond to the Annual Certification of Eligibility. ii. City's Annual Certification of Eligibility. The City shall notify the Eligible Resident Households each year of the Fee amount adjusted annually, at any time by city and the date the Fee is due. Such due date shall not exceed the 30`h of June each year for payment of the fiscal year beginning July 15~ of that year. There is a sixty (60) day grace period which commences on the due date and expires sixty (60) days after the due date of the Fee. If the Fee is not paid when due or within the sixty (60) day grace period, then the Resident Household and the 6-8 Page 4 of ] 0 space they occupy shall be removed from the Eligibility list. The Park Owner will be notified within ten (10) days after the expiration of the grace period that The resident household and the space are exempt from this chapter, per Section l.d. above. iii. Distribution to Resident Households who Purchase a Mobilehome. As a one time obligation, the Park Owners shall provide a "Request to Confirm Eligibility" along with the Disclosure requirements in Section 9.50.095 to all park approved new homeowners if there has been a change in ownership of the mobilehome and a new rental or lease agreement is executed. It is the new homeowner's responsibility to provide the information requested on the "Request to Confirm Eligibility" to the City. The process for determining eligibility, objecting to eligibility and resolution of any dispute shall be the same as outlined in subsection (b.) below. Notwithstanding, the date the new homeowner purchases the mobilehome, the new homeowner must resubmit in compliance with the Annual Certification Requirement as set forth in subsection (iv) below. iv. Annual Eligibility Report. City staff shall prepare an annual "Eligibility Report Confirmation" based upon the response from Resident Households to the Annual Certification of Eligibility. The Park Owners may, but are not required to, object to the inclusion of a specific resident household as an Eligible Resident Household. The Park Owner's objection must be presented to the City on the form entitled "Eligibility Objection", Attachment 3. The City shall notify the affected resident household with a copy of the "Eligibility Objection". If the affected resident household disagrees with the "Eligibility Objection", then the resident household has the burden of proof to establish eligibility by providing documentation to the City within thirty (30) days to the City. If either party contests the decision by staff to deem a resident household eligible or not eligible for the benefits under this ordinance, then the complaining party must follow the procedures as set forth below. b. Contested Eligibility Procedure. The following procedures shall be followed when eligibility is contested by either the Resident Household or the Park Owner. Staff Voluntazy Meeting. After the Pazk Owner has filed the Eligibility Objection and the Resident Household has responded, then the Party not in agreement, with the initial decision by City staff, as to eligibility or if no decision as to eligibility is reached by the City Staff due to the dispute, may file a request to meet with staff within thirty (30) days of the eligibility determination by City Staff. Staff may elect to meet with both parties in an attempt to resolve any and all disputes. If staff is unable to resolve such dispute or elects to waive such a meeting, the Complaining Party may request mediation as set forth below. 6-g Page 5 of 10 ii. Mediation. If the issue of eligibility is not resolved by the above referenced "Staff Voluntary Meeting" then the issue shall be referred to the National Conflict Resolution group, or if it is unavailable then to another similar group or business, to have the dispute mediated. The Complaining Party will pay the fee for mediation. City staff may develop additional rules regarding the above referenced mediation. iii. Appeal to Mobilehome Rent Review Commission. If the matter is not resolved through the steps set forth above, the matter may be appealed to the Mobilehome Rent Review Commission for its consideration. City staff may develop additional rules regarding the above referenced appeal. The decision of the Mobile Home Rent Review Commission shall be the final administrative act. c. Access to Documentation. Al] parties shall have access to City collected documentation as permitted under the Public Records Act. d. Annual Determination of Fee Per Resident Household. i. Report to City Council. Upon completion of the Eligibility Report, the City Staff shall report to the City Council each fiscal year with a recommendation regazding the amount necessary to recover the costs of administering Chapter 9.50, and the proportion of said fee levied on the Eligible Resident Households based on the relative services provided. Any surplus or deficit in the total fee collected for the previous yeaz due to the actual expenditures for the previous year shall be carried forwazd and applied in calculating the subsequent year's fee, excepting any reserve City deems necessary. ii. Distribution of Fee for a Fiscal Year. Upon approval of the Fee, the City Staff shall mail a notice to each Eligible Resident Household to inform them of the Fee amount and the due date in compliance with section 2.a.ii. 6-10 Page 6 of 10 ATTACHMENT 1 -Notice of a Resident Survey ~~~/~ FOR IMMEDIATE POSTING ~4 ~~-~... cm' of ATTENTION ALL RESIDENTS CHULA VISTA Notice of a Resident Survey -March 2012 On August 18, 2011 vazious amendments to Chula Vista Municipal Code 9.50, Mobilehome Park Space -Rent Review (often referred to as rent control) took effect. Included among the amendments, were the deletion of the right to petition rental increases upon change of ownership and the addition of Section 9.50.030, establishing an administrative fee to continue to provide mobilehome residents unique services and benefits available to them only under Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and exceeding the annual permissive) which may result in reduced rent, and related ombudsman services. In March 2012 the City will mail surveys to all mobilehome residents in order to determine the number of persons eligible under Chapter 9.50 (Rent Control). The surveys will serve as the basis for determining the administrative fee that each resident must pay. If you do not return the Eligibility Survey, you will not be covered by the City's Rent Review Ordinance. If you have an eligible rental agreement, defined below, such protection and services under Chapter 9.50 have likely been afforded to you for a number of years. Due to cuts in the funding sources for the administration of CVMC 9.50, without a permanent funding source for such administration, the ordinance would face possible elimination. Eligible Rental Agreements • Have a valid space rental agreement with the park; • Lease term under 12 months; and • Home is primary residence. In order to continue receiving protections of the annual permissive rental limits established in Chapter 9.50 (often referred to as rent control) all eligible residents must begin paying the annual Administrative Fee (Fee). Such Fee shall apply to each mobilehome rental space within parks, except such spaces that are exempt from such Fee because of a rental agreement that meets the requirements of Section 798.17 of the California Civil Code. Pazk owners will receive and confirm a list of residents claiming eligibility prior to billing each year. Should they deem a space has an ineligible rental agreement under CVMC 9.50 an "Eligibility Objection" will be sent to both the City and affected resident. If any discrepancy occurs, it will be required that the resident show proof of eligibility. g_11 Page 7 of 10 ATTACHMEr 1 Z - Kesldent Dear Mobilehome Resident; ~\(// Beginning July 2012 mobilehome residents must pay an ~~ administrative fee to the city in order to retain the right to petition ;"" cm or ,,,,, _ increases over the annual permissiveCHULAVISTA rate (formula of the Consumer Price Index-CPI) and receive services under Chula Vista Municipal Code 9.50, often referred to as rent control. In order to assess the fee, the city must first determine the number of residents eligible for rent review. Therefore, the attached survey must be completed and returned by April 30, 2012. By not completing the attached survey and/or payment of the fee you may waive your right to rent review protections. Information provided will be verified by the city and park owner prior to billing. Resident Survey You must complete & return this card to be eligible for rent review (rent control)! Please check all that apply: ^ Own the mobilehomeltrailer OR ~ Rent the mobilehomeltrailer from the park ^ Month to month lease or less than 12 months OR ^ Long-[enn lease or 12 months er mere Ilwe give the park ownerlmanagement permission to confirm we have an eligible lease under CVMC 9.50 and further understand that it is my burden of proof should the city or park owner indi- cate that we are exempt. Ilwe lurther agree to hold harmless antl release the park owneL its otf- cials, officers, management, employees, agents, and/or attorneys, from any an all claims, de- mantls, causes of actions, in any manner arising out of or incitlent to any alleged acts, omissions, negligence, or willful miscontluct of by them, arising out of or fn connection with the release oT information antllor confirmation of eligibility pursuant [o this request. Signature Nameisl Atltlress Date Space C 6-12 Page 8 of 10 ATTACHMENT 3 -Park Owner Eligibility Objection ELIGIBILITY OBJECTION The following resident has claimed eligibility of coverage under Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50) based on the City's "Eligibility Report Confirmation", however based on review of park records; management does not believe they are currently eligible for the reason listed below. Park Name: Park Contact Name: ,Phone No. ~~ - Resident(s): Space: Resident is ineligible due to the following reason: Person(s) signing the "Resident Survey" are not legal tenant(s) in the rental agreement and/or no valid rental agreement exists on file with the park. ^ The rental agreement is exempt per California Civil Code Section 798.17, due to the following: Rental agreement exceeds 12 months. Resident rents both the space and mobilehome from the park owner. Home is not the primary residence of tenant(s). Should the affected resident(s) listed above disagree with this "Eligibility Objection", such resident(s) should contact the park contact listed above to discuss. If the affected resident household disagrees with the "Eligibility Objection", then the resident household has the burden of proof to establish eligibility by providing documentation to the City within thirty (30) days to the City. If the decision by staff to deem a resident household eligible or not eligible for the benefits under this ordinance, then the complaining party must follow the procedures set forth in the February 14, 2012 Administrative Fee Regulations, Section 2.b. 6-13 Page 9 of 10 ATTACHMENT 4 -New Resident Eligibility Request REQUEST TO CONFIRM ELIGIBILITY: MOBILEHOME PARK SPACE -RENT REVIEW Beginning July 1, 2012 any residents with an eligible rental agreement under Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50), often referred to as rent control, and desiring to be protected by such rights shall pay an annual Administrative Fee to the City of Chula Vista, per Section 9.50.030. Mobilehome Park: Resident Name(s): Mailing Address: UWe, rights under Chula Vista Municipal Code Chapter 9.50 below): _, acknowledge receipt of our 0) and hereby (please check one Deny coverage or payment of the Administrative Fee and thereby waive my rights to any such services provided by CVMC 9.50 (often referred to as rent conmo~. Desire classification as an Eligible Resident under CVMC 9.50 and agree to pay the associated Administrative Fee as defined in Section 9.50.030 of CVMC 9.50. I/We further confirm Uwe have read and confirm the Acknowledgement section below. ACKNOWLEDGEMENT UWe confirm that Uwe have an eligible rental agreement under Chapter 9.50 of the City of Chula Vista Municipal Code and have answered yes to all questions in the enclosed letter. UWe acknowledge that by not returning this Request for Eligibility or payment of the annual fee Uwe waive all rights to protection under Chapter 9.50 and shall be ineligible from the protection of the annual permissive increase limit or right to petition any such increase above the annual permissive rate. I/we give the park owner/management/agent permission to confirm we have an eligible rental agreement under CVMC 9.50 and further understand that it is my burden of proof should the City or park owner indicate that we are exempt. Uwe further agree to hold harmless and release the park owner, its officials, officers, management, employees, agents, and/or attorneys, from any and all claims, demands, causes of actions, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of by them, arising out of or in connection with the release of information and/or confirmation of eligibility pursuant to this request. SIGNATURE & DATE Signed Print name: Signed Print name: Please return this form immediately upon signing of the rental agreement with the park to: City of Chula Vista ~ Attn: Housing-Mobilehomes 1 276 Fourth Avenue ~ Chula Vista, California 91910 Date Date 6-14 Page 10 of 10 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MOBILEHOME PARK SPACE - RENT REVIEW ADMINISTRATIVE FEE REGULATIONS WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to establish rent control; and WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50, "Mobilehome Park Space -Rent Review," as allowed by Mobilehome Residency Law, and amended the Chapter to its current form on July 19, 2011; and WHEREAS, the ordinance amendments took effect August 18, 2011 and established an administrative fee to provide a limited segment of the public, specifically mobilehome residents, per 9.50.030, the ability to obtain unique services and benefits available to them only under Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and exceeding the annual permissive) which results in reduced rents and related ombudsman services; and WHEREAS, the City now desires to adopt the regulations for the collection of such fee from the mobilehome residents per 9.50.030, known as "Mobilehome Park Space -Rent Review Administrative Fee Regulations," a copy of which is on file with the City Clerk's Office, and have staff return to adopt the fee once the data collection and necessary fee calculations has occurred. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve and adopt the "Mobilehome Park Space -Rent Review Administrative Fee Regulations" in substantial form. Presented by: Gary Halbert, P.E. AICP Assistant City Manager/Director of Development Services Approved as to form by: `~/~ ~ Glen R. Googins j//~/~I City Attorney 6-15