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HomeMy WebLinkAboutReso 2012-015RESOLUTION NO. 2012-015 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 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; and WHEREAS, the City now desires to adopt the regulations for the collection of such fee, known as "Mobilehome Space Rent Administrative Fee Regulations" 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, to enforce Chula Vista Municipal Code 9.50 "Mobilehome Park Space -Rent Review" setting forth the initial and ongoing process for the collection of data to establish the fee annually. Presented by Gary albe , P.E., AICP Assistant C t~ Manager/Director of Development Services Approved as to form by ~~~ ~~Z len R. ogins ~~ Ci mey ~ j ,.~ Resolution No. 2012-015 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February 2012 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez and Cox NAYS: Councilmembers: Castaneda ABSENT: Councilmembers: None ATTEST: ~. ~c/~,~ Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA l Cheryl Cox, ay r I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-015 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of Februazy 2012. Executed this 14th day of February 2012. ~~,~~51 Donna R. Norris, CMC, City Clerk Resolution No. 2012-015 Page 3 CVMC 9.50 MOBILEHOME PARK SPACE -RENT REVIEW ADMINISTRATIVE FEE REGULATIONS ~~ cin of CHULA VISTA Resolution No. 2012-015 Page 4 Adopted by City Council Resolution No. 2012-015 on February 14, 2012 Mobilehome Park Saace -Rent Review Administrative Fee Reeulations 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. The establishment of such fee requires the cooperation of both park residents and owners in order to establish who is covered under Chapter 9.50. This set of regulations defines the process for initial and ongoing data collection efforts to establish the fee on an annual basis in the City's Master Fee Schedule. 1. INITIAL DATA COLLECTION In order to establish the initial number of residents covered under Chula Vista Municipal Code 9.50 and thus determine the correct fee to each resident, the city shall coordinate with park owners to establish the correct mailing addresses of all residents within their pazks. Pazk owners shall provide this information within a reasonable period of the time of such request from the city. The city will provide "Notice of a Resident Survey", Attachment 1 for park owners to post followed by a postcazd mailed to all residents, as provided in substantial form in Attachment 2, to establish whether they are eligible under Chapter 9.50 or are exempt from such fee because of a space rental agreement that meets the requirements of Section 798.17 of the California Civil Code. The postcazd further provides a release of information for collection purposes and allows the city to coordinate and confirm the eligibility of residents with park owners. The postcazd further provides that the tenants shall waive any claims or causes against causes of actions against the pazk owners for providing the requested information or confirming eligibility. The city will prepaze 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 pazk owner identifies a resident as being ineligible for coverage under Chapter 9.50, the pazk owner shall complete the "Eligibility Objection", Attachment 3, and send a copy of such letter to the city. The city will notify the affected resident with a copy of the "Eligibility Objection". 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. Eligible proof is identified in Attachment 2. The park owner shall not be responsible for identifying or contacting residents who aze non responsive to the "Resident Survey" or "Eligibility Objection". Resolution No. 2012-015 Page 5 2. INITIAL FEE ESTABLISHMENT & COLLECTION After city data collection, staff shall prepare a report for city council to establish the fee per resident 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 residents determined eligible for Chapter 9.50 through the "Eligibility Report Confirmation" and the amount necessary to recover the costs of administering Chapter 9.50 as determined by previous year expenditures and anticipated administration in the upcoming year. Billing shall be sent directly to each resident identified in the "Eligibility Report Confirmation". 3. ONGOING DATA COLLECTION & FEE ADMINISTRATION The city shall report to the city council each fiscal year with a recommendation regarding the amount necessary to recover the costs of administering Chapter 9.50, and the proportion of said fee levied on the mobilehome residents based on the relative services provided. Any surplus or deficit in the total fee collected for the previous year to the expenditures shall be carried forwazd and applied in calculating the subsequent year's fee. Park owners shall provide a "Request for Eligibility", Attachment 4, to all incoming residents to the pazk upon change of ownership and existing residents upon a change in rental agreement terms in order to establish eligibility and a release of information to the city. It shall be the burden of the affected resident to provide the "Request for Eligibility" to the city to update the "Eligibility Report Confirmation", which shall also be sent annually for confirmation to the park owner. This "Request for Eligibility" shall be required in addition to the Disclosure requirements in Section 9.50.085. 4. APPLICABILITY As of July 1, 2012 all residents must pay the administrative fee in order to be eligible for services under Chapter 9.50. The provisions of this chapter shall not apply and no petition will be accepted from a resident opposing a rent increase above the annual permissive and no heazing or other proceeding shall be scheduled or take place for a mobilehome space rent in which there is an unpaid administrative fee. The city establishes a grace period for unpaid fees to be made current within 30 days of annual collection. If a resident is subject to a proposed rent increase above the annual permissive rate and is not current with fee payments to the city, the Mobilehome Rent Review Commission (MHRRC) shall make such consideration to allow the resident to become current and regain coverage, unless they have waived such rights or have an exempt rental agreement. The MHRRC shall review, but not be limited to, the following criteria in making such decision: • History of payment • Reason for nonpayment • Barriers to effective communication Resolution No. 2012-015 Page 6 ATTACHMENT 1 -Notice of a Resident Survey `~r ~- ~. ~~~..~. CHULA VISTA FOR IMMEDIATE POSTING ATTENTION ALL RESIDENTS Notice of a Resident Survey -March 1, 2012 On August 18, 2011 various amendments to Chula Vista Municipal Code 9.50, Mobilehome Park Space -Rent Review 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 results in reduced rents, often referred to as rent control, and related ombudsman services. 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 yeazs. 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 Leases • Have a valid space rental agreement with the park • Lease term under 12 months • Home is primazy residence In order to continue receiving protections of the annual permissive rental limits established in Chapter 9.50 all eligible residents must begin paying the annual Administrative Fee (Fee). Such Fee shall apply to each mobilehome rental space within pazks, except such spaces that aze exempt from such Fee because of a rental agreement that meets the requirements of Section 798.17 of the California Civil Code. Beginning March 1, 2012 the City will be mailing surveys to all mobilehome residents in order to determine the number of persons eligible under Chapter 9.50. 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 protected under the City's Rent Review Ordinance. Resolution No. 2012-015 Page 7 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. It shall be the burden of proof of the resident to settle any discrepant information. Resolution No. 2012-015 Page 8 ATTACHMENT 2 -Resident Survey Dear Mobfiehome Resident; `> Beginning July 2012 mobilehome residents must pay an administratNe fee to the city in order to retain the right to petition pp~ increases over the annual permissive CtNJ~YDiA rate (formula of the Cons+amer 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 ren# review. Therefore, the ataached survey must be completed and returned by April 30, 2012. By not completing the attached survey andJor payment of the fee you may waive your right to rent review protections. Information provided will be verified 6y the city and park owner prior to billing. Resident Survey You must complete & return this card fo be eligible for rent review! Wease ohenk ali that apply: Q Own tM mobaeMmrfhaikr at Q Reed Me mobikrhamNfraikr hom Me park Q Month tD march lease w less Man 72 monMs OR Q Longterm leaseW 12 months a more IrWe give tM park ownertmanagement permission to owrnrm we have an NigiDM lease under CYMC 9. W arM bother understand that H is my burden of proof should Mt city a park owner imiF care Mat we are rsempt. Ure: furthar agree to hold harmlexs arM release Me park owner, ax otr- oWis, ortrrxn, management, employees. agerxrx, and/or attorneys, from any an aD claims, da- mantls, Douses of xtions, in any manner arising out of or utoident to any alleged acts, omhskm, negiipenee, or wi1Hu1 misoonduet of by Mem, arising out of or u1 oonnecebn with tM nkeasa of ini6rmrtion and/or eonhrmrtion of eagiD'dity puexuant to Mis request. Signature .Date Mamets) Aditress Space 6 Resolution No. 2012-015 Page 9 ATTACHMENT 3 - Pazk 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 aze currently eligible for the reason listed below. Park Name: Park Contact Name: Resident(s): Space: Ineligible due to the following reason: Person(s) signing the "Resident Survey" are not legal tenant(s) in the rental agreement and/or no 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 primazy residence of tenant(s). Should the affected resident(s) listed above disagree with this "Eligibility Objection", such resident(s) should contact the pazk contact listed above to discuss. The burden of proof shall rest with the resident(s) for any discrepancy. Resident(s) must submit proof within 30 days to the city by providing a copy of the new lease terms and signature page to the city. Phone No. ~~ Resolution No. 2012-015 Page 10 ATTACHMENT 4 -New Resident Eligibility Request REQUEST FOR ELIGIBILITY Beginning July 1, 2012 any residents with an eligible lease under Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50) 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: Chula Vista, CA Space # I/We, ,acknowledge receipt of our rights under Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50) and hereby (please check one below): Deny coverage or payment of the Administrative Fee and thereby waive my rights to any such services provided by CVMC 9.50. Desire protection 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 I/we have read and confirm the Acknowledgement section below. ACKNOWLEDGEMENT I/We confirm that I/we have an eligible lease 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 I/we 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. UWe further release any and all liability for confirming such eligibility from the pazk owner or city. I/we acknowledge that any discrepancies in eligibility will be my/our burden of proof to provide documentation to prove eligibility. SIGNATURE & DATE Signed Print name: Signed Date Date Resolution No. 20] 2-015 Page ll Print name: Please return this form immediately upon signing of the rental agreement with the pazk to: City of Chula Vista Attn: Housing - Mobilehomes 276 Fourth Avenue Chula Vista, California 919]0