HomeMy WebLinkAboutAgenda Statement 1989/02/07 Item 15 COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 2/7/89
ITEM TITLE: Ordinance 2291 - Amending Chapter 9.50 of the Chula Vista
Municipal Code relating to the Petition for Mobilehome Park
Space Rent Negotiation and Arbitration
SUBMITTED BY: Acting Director of Community Developmet<11-h451&
REVIEWED BY: City Manager(,'
((�� (4/5ths Vote: Yes No X )
This ordinance would require mobilehome park owners to identify the space
numbers of all residents who are subject to a rent increase in the notice of
rent increase when the rent increase is above the applicable CPI . It would
also allow the resident petition requirement to oe satisfied by a good faith
effort.
RECOMMENDATION: Adopt the amendment adding new Section 9.50.065 and do not
adopt the amendment to Section 9.50.040
BOARDS/COMMISSIONS RECOMMENDATION: The Mobilehome Issues Committee approved
the most recent changes to Municipal Code Chapter 9.50.065, "Notice of Rent
Increase," at their meeting of January 24, 1989.
DISCUSSION:
Good Faith Compliance Provision
Council expressed an interest in amending the ordinance further to state that
the residents need only make a "good faith" attempt to comply with the time
limit on filing a petition. (Chula Vista Municipal Code Section 9.50.010).
Pursuant to Council ' s direction , an amendment to Chula Vista Municipal Code
Section 9.50.040 is included to read:
A good faith attempt to meet the thirty (30) day petition filing
requirement is sufficient for purposes of this section . All questions
regarding the timeliness of the petition shall be decided by the
Community Development Director or his/her designee subject to an
appeal to the City Council .
Notice of Rent Increase Provision
This ordinance amendment would require the park owner to notify each resident
subject to the increase above the applicable CPI of the space numbers of the
other residents that are also subject to the increase.
Page 2, Item 15
Meeting Date 2///$9
The final version deleted a requirement that the names and addresses of the
residents be included in the increase. The space numbers alone were felt to
adequately identify who had received the increase . In addition, this section
would require the owner to notify the chairperson of an identified residents
group of any rent increase above the applicable CPI . The requirement to
include the space numbers and to notify the chairperson of a resident
organization of an increase would be applicable for any notice of increase
which, when combined with any prior increases during the preceding year,
exceeded the applicable CPI.
On January 25, 1989 Community Development staff received correspondence from
Ms. Nelda DelPonte (copy attached) expressing concern over the proposed
changes. Her concern was that all rent increase notices be sent to the
residents ' representative regardless of whether or not the rent increase was
above the CPI. She indicated that an owner could issue a notice which the
residents felt was above the CPI but which the owner felt was below. If this
occurred there would be no mechanism for monitoring such a case since the
resident organization would not receive a copy of the notice and tne space
numbers of others receiving the notice would not be included.
Staff believes that the ordinance can be effectively administered as
proposed. If a particular resident were to receive a notice believed to be
above the CPI, they would be able to notify the resident representative and/or
the City Community Development staff. Community Development staff would
review the notice and determine whether or not the owner had exceeded the CPI
during the prior twelve months. If the owner had done so, staff would notify
the owner of the apparent non-compliance and request that he or she reissue
the notice in compliance with the City's Code. If the owner did not comply
with the request, staff would refer the matter to the City Attorney for
subsequent action by the City. Therefore, staff recommends the proposed
language which was approved by tne Mobilehome Issues Committee. If staff
encounters problems in administering this part of the Municipal Code we will
return to the Council with appropriate amendments to the ordinance.
Arbitration Assistance Fund
On January 17, 1989 Council also requested staff to revise the Municipal Code
to include provision for the owners to pay 75% and the residents to pay 25% of
the cost of arbitration. Staff returned to the Council on January 24 with a
report on the potential use of redevelopment housing funds to pay for the
lower income residents portion of the arbitration expense. In late January
park owners acting through the Western Mobilehome Association tentatively
offered to provide $2,000 toward this effort. On January 30 staff met with
Ms. Adeline Smith of the Western Mobilehome Association to review the owners
offer. Based on the discussion at that meeting we believe a plan including
the owners ' funds is workable . Staff will bring the plan of implementation
and recommendation for funding to the Redevelopment Agency after it is
reviewed by the Mobilehome Issues Committee on February 28 , 1989 . Staff
desires to amend the ordinance after a final implementation plan is approved
to insure consistency between both . We will propose in the implementation
plan that arbitration assistance funds be available to any low income
residents currently in the negotiation/arbitration process .
FISCAL IMPACT: N/A
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