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HomeMy WebLinkAboutAgenda Statement 1989/02/28 Item 14 COUNCIL AGENDA STATEMENT Item .. 14 Meeting Date 2 ht89 0°10 ITEM TITLE: Ordinance ��(1 Amending Title 9 of the Chula Vista Municipal Code Chapter 9.40 entitled "Housing Assistance" relating arksto other Requirements of the conversion of aidm home P parks SUBMITTED BY: Community Development Director REVIEWED BY: City Manager? f^'' <✓ (4/5ths Vote: Yes No X ) At the request of the City Council , the Mobilehome Issues Committee (MHIC) has been engaged in an analysis of existing Municipal Code Chapter 9.40, which establishes relocation assistance in the case of conversion or discontinuance of mobilehome parks. The Council had particularly asked that the MHIC look at the desirability of extending relocation assistance coverage to "trailers" in the older mobilehome parks, a category of dwelling not currently covered under the Municipal Code Chapter. is offered hapne . Toe n e. analyzed the Municipal Code Chapter, and the amending ordinance RECOMMENDATION: That the City Council approve the ordinance amending iicipal Code Chapter 9.40 entitled "Housing Assistance" regarding relocation ;istance in the case of conversion or discontinuance of mobilehome parks. BOARDS/COMMISSIONS RECOMMENDATION: The Mobilehome Issues Committee, at its October meeting, gave staff specific instructions as to changes they recommended to Municipal Code Chapter 9.40. Those draft changes were made by staff, reviewed by Attorney,accepted theldraft to changes. Thee Committee's January meeting,meeting, the e Committee positions are discussed in the report. DISCUSSION: In response to Council and MHIC concerns, the amending ordinance makes a significant change regarding the dwelling types covered under the Municipal Code Chapter and makes minor procedural changes to that Chapter. Dwelling Type Change: The dwelling type change pertains to the inclusion in the Municipal Code Chapter of certain recreational vehicles, called "trailers" in the amending ordinance, whereas the existing Code Chapter only covers mobilehomes. The proposed change is in response to concern over the potential closure of the older mobilehome parks in the City, where many residents live long-term in non-mobilehome dwellings. With such closures, the mobilehome dwellers would Page 2, Item 9 14 Meeting Dated G2 zY4 99 receive protection under the Municipal Code, but residents in "recreational vehicles" would not, even though they might have lived in the park as long or longer than the mobilehome residents, and even though their investment in their dwelling units might equal or exceed that of the mobilehome dwellers. The City Council was recently given a status report on the closure of Al 's Trailer Haven at 4 Broadway. Al s Trailer Haven contained mobilehomes and recreational vehicles, including travel trailers and motor homes. Although the owner was obligated under the Municipal Code to assist only mobilehome residents, he assisted all residents. Had he not done so, the impact of the closure on recreational vehicle residents would have been substantially greater. The MHIC did have a concern that all recreational vehicles, as defined by state law, not be included in the Municipal Code coverage. The Committee felt that it was appropriate and desirable to cover travel trailers and old coaches which did not technically fit the definition of mobilehome in state law and did not need a permit to be transferred on the highway, if these dwelling units had been in place for nine months or more (under state law, such dwelling units would at that point have the full protection of the State Mobilehome Residency Law). Although these dwelling units might not have been originally designed for permanent human habitation, they are functioning well as such. However, the MHIC felt it was appropriate to exclude from Municipal _ le coverage those other dwelling units which are included in the California ril Code definition of recreational vehicles; those are motor homes, slide-in campers, truck campers, and camping trailers. Although some of these recreational vehicle types are used as permanent dwelling units in Chula Vista mobilehome parks, they are perceived as inappropriate for human habitation and their use should not be encouraged or preserved. They should clearly not be moved to another mobilehome park in the City in response to closure of their existing park. To provide the desired protection for mobilehomes and trailers, the Mobilehome Issues Committee and staff fashioned definitions to place in the Municipal Code Chapter for "mobilehome" , "mobilehome park" , "trailer", and "trailer park". They are, in abbreviated summary: Mobilehome: A mobilehome or manufactured home designed for human habitation and for being moved on the street or highway with a permit. Definition excl udes recreati onal vehicles. Mobilehome Park: Area of land where two or more mobilehome spaces are rented and the predominant number of spaces are rented for nine or more months*. Page 3, Item 9 14 Meeting Date_ 421484 2/ L�� Trailer: A structure designed for human habitation and for moving on the street or highway without a permit. Includes travel trailers from the State Civil Code definition of recreational vehicle. Excludes motor homes, slide-in campers, truck campers, and camp trailers from the State Civil Code definition of recreational vehicles. Trailer Park: Ant land where spaces or more rented trailer spaces nine or more months*. and the predominant of these definitions in the Municipal Code Chapter will provide housing assistance coverage only to residents of mobilehomes, travel trailers, and pre-permit coaches in mobilehome parks and trailer parks. Residents of other recreational vehicles in the older parks would not receive assistance from the owner in relocating and preserving their dwelling units, but other assistance could be available to them such as priority assistance under the Section 8 and public housing programs. Other Changes The other recommended changes to the Municipal Code Chapter are: A Purpose and Intent Statement that the Municipal Code provisions do not apply to mobilehome or trailer residents who move into a park which is already scheduled to close and who have been given written notification of that scheduled closure. 2. A clarification that the decision of the Community Development Director regarding closure of a park is final on the 15th day following mailing of the decision to the applicant and the residents. Conclusion The recommended changes will provide more equitable protection to the residents affected by park closures. The great majority of residents in Chula Vista' s mobilehome parks and trailer parks will be protected. These changes are brought forward now to assure that the protection in case more mobilehome parks or trailer parks apply after the modifications of Municipal Code Chapter 9.40 may be appropriate under the processing of Al ' s Trailer Haven' s discontinuance application Municipal Code Chapter can be assessed. FISCAL IMPACT: The action recommended may result in some further staff time costs to analyze discontinuance applications and relocation plans. of the * The reference to nine or more predominant number of spaces is t he same is Code Chapter 9.50 regarding mobilehome ndc recreationalsvehiclei parks - to make clear the exclusion of campgrounds a such as KOA and the Chula Vista Park, which cater to travelers. WPC 3983H / cH - � CMG 4,2Y/f9- �t�nt� ea "1 2 Dated ATIACFIMENT MOBILEHOME ISSUES COMMITTEE MINUTES OF JANUARY 24, 1989 REGULAR MEETING he meeting was called to order at 2:05 p.m. by Vice-Chairman Mary-Frances Click in Conference Rooms 2 & 3 of the Chula Vista Public Services Building. PRESENT: Home Owner Members Mary-Frances Click, Saul Roskin, Ann Storm, Wallace Scrivener and Dee Skinner; dark Owner Members Steve Epsten, Jerry Fick, Dick Birdsell and Betty Beck; Acting Director of Community Develop- ment David Gustafson, Councilman Leonard Moore, Building/Housing Inspector Tina LeBlanc, and public visitors. ABSENT: Park Owner Member Roy Muraoka. INTRODUCTION OF NEW COMMUNITY DEVELOPMENT DEPARTMENT STAFF MEMBERS: Mr. Gustafson introduced Housing Coordinator Mitch Thompson and Community Development Specialist Shelley Kilbourn who will be handling mobilehome matters. MINUTES: The minutes of the October 25, 1988 regular meeting were approved. ELECTION OF OFFICERS: Postponed to the next meeting on February 28, 1989, because no nominee for Chairman was available. Mrs . Click requested that members bring to the next meeting names of individuals willing to serve as chairman. MUNICIPAL CODE CHAPTER 9.40: Mr Gustafson advised that the revision was ready for consideration by City.. Council. .MUNICIPAL CODE CHAPTER 9.50: A proposed revision, dated 1/19/89, containing an addition to Section 9.50.040 and a new Section 9.50.065, was reviewed. No objection was made to the addition to Section 9.50.040. However, Mrs. Storm moved that Section 9.50.065 be changed to read: "In any situation where a mobilehome park owner wishes to increase the rent space above the applicable CPI, he must first give notice as follows: 1. If the residents within the affected park establish a representative body and notify the park owner of its existence, a copy of the notice will be sent to the chairman of that body. 2. The rent increase notice must contain the space numbers of all residents who are subject to the increase which is above the amount of the applicable CPI. 3. A copy of the rent increase notice must be given to the Community Develop- ment De•artment of the City of Chula Vista." ADOPTED by vote of 8-Yes, 1-No (Fick). STATUS OF BAYSCENE RENT DISPUTE: Mr. Thompson advised that the American Arbitration Association had been-contacted and a response is awaited. RESIGNATION: Mrs. Click announced that on or about March 1, 1989, she will no longer be a member of the committee. _\J The meeting adjourned at 3:53 p.m. SAUL RO" KIN, Secretary ATTAClll MOBILEHOME ISSUES COMMITTEE MINUTES OF OCTOBER 25, 1988 REGULAR MEETING The meeting was called to order at 2:07 p by Vice-Chairman Mary- Frances Click in Conference Rooms 2 .m. Services Building. 3 of the Chula Vista Public PRESENT: Home Owner Members Mary-Frances Click, Saul Roskin, Ann Storm, Wallace Scrivener and Dee Skinner; Park Owner Members Betty Beck, Dick Birdsell, Jerry Fick (Arrived 2:18 p.m. ) and Steve Epsten (Arrived 2:32 P.m. ); Assistant Director of Community Development David Gustafson, and public visitors. ABSENT: Park Owner Member Roy Muraoka. MINUTES: The minutes of the September 27, 1988 regular meeting were approved. MUNICIPAL CODE CHAPTER 9.40: Mr. Gustafson discussed proposed changes, but copies of the revised draft were not available. He stated that copies would be mailed to all Committee members for their consideration. MUNICIPAL CODE CHAPTER 9.50: Mr. Gustafson was advised that the Committee felt that Section 9 of the Lancaster Mobilehome Park Rent Arbitration Ordinance should not be added because its provisions do not fit. NEXT MEETING: Members agreed that the November regular meeting would not be held, but that a special meeting might be called to consider final amendments to Municipal Code Chapters 9.40 and 9.50. The meeting adjourned at 3:1L p.m. SAUL 'SKIN Secretary •