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HomeMy WebLinkAboutAgenda Statement 1988/02/02 Item 13• COUNCIL AGENDA STATEMENT Item 13 Meeting Date 2/2/88 ITEM TITLE: Report concerning selection of mediators for Mobilehome Park Space Rent Mediation Resolution/,~ ~/~ ~ Approving the list of mediators for Mobilehome Park Space Rent P~ediation pursuant to City hunicipal Code Section 9.50 SUBMITTED BY: Community Development Director REVIEWED BY: City Manager~j (4/5ths Vote: Yes No X ) At the December 15 City Council meeting, the City Council submitted names of candidates to serve as mediators for Mobilehome Park Space Rent Mediation under City Municipal Code Section 9.50, and directed staff to obtain information from these individuals concerning their business, accounting and mediation background. Information has been gathered from those individuals interested in serving as mediators and is submitted today for Council review. RECOMMENDATION: That the City Council: 1. Adopt the attached resolution approving the list of mediators for P~obilehome Park Space Rent Mediation as specified in City Municipal Code Section 9.50; and 2. Subsequently suggest additional candidates so that the list can be expanded in the future. BOARDS/COMMISSIONS RECOMMENDATION: The Mobilehome Issues Committee is aware that the City Council is compiling a list of mediators and supports this effort. They will receive a copy of the list once it has been approved by the City Council. DISCUSSION: City Municipal Code Section 9.50, Mobilehome Park Space Rent Mediation, provides a mechanism for the resolution of rent increase disputes at mobilehome parks in the City. To initiate the process, over 50% of a park's residents affected by a rent increase exceeding the established threshold must sign a petition requesting the park owner to participate in a negotiation process. Two resident representatives, two representatives selected by the park owner, and a neutral fifth member unanimously selected by the other four members from a list provided by the City's Mobilehome Issues Committee meet in an attempt to resolve a rent increase dispute. • • Page 2, Item 13 Meeting Date~T£T$~ In the event that a park owner, or over 50% of a park's residents are dissatisfied with the decision of a negotiation commission, either party may elect to have the issue submitted to mediation. A total of three mediators are appointed for the purpose of conducting mediation. One mediator is appointed by the residents, one is appointed by the park owner, and one is selected by the other two mediators. All three mediators are selected from a list supplied by the City Council of qualified citizens with backgrounds in accounting, business ownership and/or economics. These individuals must not have had any direct association with the mobilehome park industry. The mediators meet to find a basis for mutual agreement on the disputed rent increase. Their decision is nonbinding. Due to the fact that two mobilehome negotiations have reached impasse (Bay scene and Palms), staff has requested that the City Council suggest names of possible mediators. The City Council recommended 12 names and requested that staff obtain information from these individuals on their backgrounds. A letter and questionnaire (attached) was sent to each candidate. Also attached is a list of seven individuals who have agreed to have their names placed on the City Council list of mediators and to serve as mediators if selected. A brief description of their experience in mediation, business, accounting, and/or business ownership is also included. Several candidates indicated that they are unable to serve due to other commitments. One candidate had a conflict of interest because as an attorney he represents a management company • that manages a mobilehome park in the City. One candidate did not respond to the survey, and repeated but unsuccessful attempts have been made to contact him. If at a later date he expresses interest in serving, his name can be submitted to the City Council fora vote. It is recommended that the City Council adopt the attached resolution approving the list of mediators. Due to the limited response, staff requests that Councilmembers subsequently suggest additional candidates so that the list can be expanded in the future. FISCAL IMPACT: It is not anticipated that there will be any fiscal impact to the c;ty as a result of adopting the list of mediators. WPC 3375H • the Ci~y Cr!_!r;cii of Chula Vista, C~:;iiornia Dated o< ~ ~ ! ~ ° -