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HomeMy WebLinkAboutAgenda Statement 1987/08/25 Item 25• COUNCIL AGENDA STATEMENT Item 25 Meeting Date 8/25/87 ITEM TITLE: Public Hearing: Concerning Ordinance amending certain sections of Title 9 of the Chula Vista Municipal Code Chapter 9.50 on Mobilehome Park Space Rent Mediation Ordinance.~.Z ~ ~ Amending Chapter 9.50 of the Ghula Vista Municipal Code relating to Mobilehome Park space Rent Mediation SUBMITTED BY: Community Development Directo REVIEWED BY: City Manager (4/5ths Vote: Yes No X ) At the August 11 meeting, the City Council directed staff to return with a report which considers extending space rent mediation coverage to trailers by amending Municipal Code Section 9.50 to include trailers or to create a separate Municipal Code section specifically to address trailers, with the inclination of the Council toward a separate Code section for trailers. This report also addresses the issue of the applicability of the Municipal Code to spaces ~rhen there is a change of resident. • RECOMMENDATION: That the City Council adopt the Ordinance amending Chapter 9.50 of the Chula Vista Municipal Code relating to Mobilehome Park Space Rent Mediation. BOARDS/COMMISSIONS RECOMMENDATION: The recommendations of the Mobilehome Issues Committee have been incorporated into this report. Minutes from their August 13 meeting are attached. DISCUSSION: The attached draft Ordinance would amend Chula Vista Municipal Code Section 9.50 to extend the protection of the code to recreational vehicles (including trailers) occupied as permanent dwellings and to clarify the language in Section 9.50.070 concerning the applicability of the Ordinance at the point a space transfers to a new owner-occupant. Applicability of Trailers For several months, the Mobilehome Issues Committee and the City Council have discussed the issue of whether or not trailers should be protected under City of Chula Vista Municipal Code Section 9.50, Space Rent Mediation. At the August 11 City Council meeting, the Council indicated that it was inclined to consider a separate Municipal Code section to cover trailers. • Page 2, Item 25 • Meeting Date-$7~57$T The Mobilehome Issues Committee discussed the concept of a separate Code section at its August 13 meeting and agreed that trailers should be covered in a separate section. The Committee voted to recommend to the City Council that it adopt an Ordinance specifying that trailers are not the same as mobilehomes, but that trailers have the same protection as mobilehomes, providing the resident has occupied her/his unit for over nine consecutive months. The Committee felt that trailers should enjoy the same protection as mobilehomes, but wanted to ensure that the Municipal Code recognizes that trailers and mobilehomes are distinct entities. They also included a stipulation that trailer residents must occupy their home for over nine consecutive months to distinguish between temporary and permanent occupancy of trailers. To avoid confusion and redundancy in the Municipal Code, and at the same time to effect the fundamental intentions of the Council and the Committee, the Attorney has drafted the proposed ordinance which causes Municipal Code Section 9.50 to cover recreational vehicles (including trailers) as defined in State Ci vi 1 Code 799.24, i f the resi dent has the option to rent for at 1 east one year. The proposed ordinance clearly establishes that recreational vehicles and mobilehomes are different, but are treated the same only for the purposes of Section 9.50. In this way, a Municipal Code section identical to Section 9.5G, save for application to recreational vehicles rather than • mobilehomes, can be avoided, while still maintaining the distinction between recreational vehicles and mobilehomes. Also, the proposed ordinance avoids the confusion of having two separate Municipal Code sections apply to a rent dispute in a single park where there may be both mobilehomes and recreational vehicles affected, thereby avoiding the complexity of two petitions, two negotiation committees, and two mediation panels. The term recreational vehicle is suggested because, as defined in State Civil Code Section 799.24, it encompasses all types of trailers and other smaller units in mobilehome parks. The purpose of utilizing a general term such as recreational vehicle is to ensure that all units in mobilehome parks are covered, mobilehomes and non-mobilehomes. The term "trailer" is often used generically to refer to smaller non-mobilehome type units in parks. However, State Code and City Municipal Code lists "travel trailers" as one of several types of smaller dwellings. Part of the confusion stems from the fact that we often call parks with a mixture of units, "trailer parks", and parks with only larger mobilehomes, "mobilehome parks". Thus, we refer to trailers and mobilehomes. In actuality, trailer parks are defined as mobilehome parks under State law provided two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. All of the parks we refer to as trailer parks are considered mobilehome parks by the State. If the City Council wishes to extend the protection of the Municipal Code to all trailer park residents, then it is suggested that the term recreational vehicle be utilized in the ordinance to ensure that all dwellings •in mobilehome parks are covered. ~- Page 3, Item 25 • Meeting Date 2 H The proposed Ordinance is intended to protect only those recreational vehicles occupied as permanent residences. The suggested benchmark to delineate between temporary and permanent residents is the ability to rent for a year or more. Generally, permanent residents in parks are offered either month-to-month leases without a definite termination point, or a renewable lease of one or more years. Residents with both types of arrangements would be covered under the amended Municipal Code. Temporary residents in RV parks or RV sections of mobilehome parks who have limited term agreements of less than one year would be excluded from the Ordinance. It is suggested that only recreational vehicle residents occupying their space on a permanent basis be covered because these residents generally would have a difficult time relocating to another park if they were economically evicted. Many of the units are old and could not physically withstand moving, and most newer parks will not accept older units. The Mobilehome Issues Committee suggested that the benchmark to distinguish between permanent and temporary residents be at the point that a recreational vehicle resident has physically occupied her/his space for over nine consecutive months. Staff does not recommend incorporating this requirement into the Ordinance for a number of reasons. One, recreational vehicles residents intending to occupy their space on a permanent basis, but who have recently moved into the park, would not be covered. Two, if incoming recreational vehicle residents are required to reside in the park for over • nine consecutive months before they can participate in the mediation process, then spaces occupied by recreational vehicles would not be protected at the point of transfer to a new owner. Currently, the Ordinance offers this protection to mobilehomes. The Mobilehome Issues Committee voted to recommend that trailers enjoy the same protection as mobilehomes under the City's Municipal Code. The committee's proposed nine month residency requirement would not provide equal protection. The standard of occupancy not restricted to less than one year would avoid the above inequities and would exclude from coverage seasonal uses of recreational vehicles as encountered at the KOA Campgrounds and the Chula Vista Marina RV Park. Coverage of Spaces at the Point of Transfer of Ownership It has been the opinion of the City Attorney that Municipal Code Section 9.50 does extend rent mediation coverage to those instances where either a coach on a space is sold to a new resident or a space is vacated and occupied by a new coach and resident. However, the Attorney acknowledges and is concerned about the ambiguity of the Code's language in this regard. The Mobilehome Issues Committee agreed with the City Attorney's interpretation of the Municipal Code. The Committee does not feel that an amendment to the Municipal Code is necessary to clarify this concept. However, the City Attorney recommends amended language to clarify this concept. Therefore, the attached ordinance would amend Section 9.50.070 to clarify that both of these situations are covered under the City's Municipal Code. • A Mf ., Page 4, Item 25 Meeting Date-~7 The purpose of protecting spaces when a unit is resold is to help protect the resident selling her/his home. If a park owner significantly increases space rent for an incoming resident, then the previous resident may have a difficult time selling her/his coach, or may be forced to sell the unit at a reduced price. The purpose of protecting spaces where a unit is removed and a new unit occupies the space is to eliminate the incentive a park owner may have to require outgoing residents to remove their coach so that they can increase the space rent for an incoming resident without being subject to the City's rent mediation process. Under State law, a park owner can require an outgoing resident to remove her/his mobilehome if it is less than 10' wide, more than 20 years old, or is in run-down condition. Park owners would still have the right to require substandard coaches to be removed to upgrade the park, but would not have an incentive to require the removal of older coaches in good condition just so they could increase rents without being subject to the rent mediation process. FISCAL IMPACT: It is possible that with the extension of the Mobilehome Park Space Rent Mediation Ordinance to "trailer parks," additional rent dispute mediations may occur which will require additional City staff time to monitor. No reasonable estimate of the staff time required can be made at this time. • WPC 3082H he ci~Y `'o~~r~~l of Chula Vista, California Dated • ~~ ~ ~. -.R ~..~ ~;