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HomeMy WebLinkAboutAgenda Statement 1982/02/16 Item (letter)~it~ of Chula Vista, California OFFICIO OF THE CITY ATTORNEY G~UIfCh' l~. L/.ti'UtSEfiG City Altor ey CONFIDENTIAL TE: February 15, 1982 TH(J~ti7A5' J. HAHRON Axsi.vhrnt Cih~Aitui•nr~v Lane F. Cole, C ity Manager W. J. Robens, Development Services Administrator Paul Desrochers, Director of Community Development David K. Gustafson, Housing Coordinator The Honorable Mayor and City Council ROM: George D. Lindberg, City Attorney S BJECT: Regulation of Mobile Home Park Rental Increases Ater fourteen months of operation of the Mayor's Ad Hoc Committee w ich studied the problem of assumed inequities of the rental s ructure for mobile home parks in Chula Vista, and possible s lutions for that problem, there seems to be no firm and legally d fensible program at present or which can be developed within a t ree to four month period. Although the Housing Coordinator, D ve Gustafson, indicates he is prepared to make a report to the C uncil, I do not feel from the legal point of view that we are as y t ready to embark upon any program of compulsory or voluntary a bitration or some other means of rent control. A a result of the final breakdown of negotiations between the m bile home owners and the park operator of Brentwood, it seems n w that the mobile home owners are again turning to the City_ C uncil demanding some relief. Having discussed this matter with C iff Roland, who has over the months acted as the spokesman for t e Brentwood mobile home owners, it seems that unfortunately, p rticularly for the residents of Brentwood, but including all of t e mobile home owners in the City, the problem is the handling of r nt increases at Brentwood. It is the belief of those residents t at the balance of the mobile home parks in Chula Vista are being e uitably treated. Brentwood residents are paying approximately 3 ~ higher rents than the average of comparable parks in the City. M Roland has indicated that the park operator, Mr. Loretz, will • r ceive $80,000 more as a result of the increases that went into e fect January 1. ~ `~1 CIVIC CE~iVTER • 276 FOURTH AVENUE • CHULA VISTA, CALIFORNIA 92010 • TELEPHONE (714) 575-5037 • • e Honorable Mayor and City Council bruary 15, 1982 qe Two I have also discussed this matter with Cameron Raynes, the a torney for the park operator, and with Dave Loretz, the park o erator. Mr. Loretz seems adamant in his stand that he does need t e increase although he has indicated that he is going to rely u n his attorney's advice and that his attorney will probably be a the Council meeting, Tuesday, February 16. The attorney i sists that the lease that was offered to the mobile home owners w s fully in conformity with the provisions of state law. Mr. R land is meeting with Mr. Raynes on the morning of February 16 to d'scuss certain specifics of the contract which do not seem to c nform to state law. Hopefully, there will be some resolution as a result of that meeting which will give sufficient time to the C'ty to more diligently pursue a solution that will not only be s tisfactory to the parties on both sides of the conflict, if that i possible, but more importantly, a solution that can be legally s stained. A Council is aware, both the rent control ordinance in the City o Oceanside, and the subsequent moratorium, which the city sought t establish, were challenged. The City Council of Oceanside a opted their ordinance despite being advised by their attorneys t at the ordinance, if challenged, would be preempted. I am sure t at our Council would arrive at a different solution. If the C until does wish to become involved in the landlord tenant r lationship, and if as a matter of fact, it can be determined t at such a need for involvement can be legally sustained, it w uld be my recommendation that any commission established to m derate proposed rental agreements and make a determination as to w ether or not such an agreement would be unconscionable, would be o e of advisory arbitration. This would clearly be the safest way o avoiding conflicts with state law. s examining basic legal principles, I have received a partial mmary of the conclusions on legal questions from the City torney of Carlsbad as follows: 1. The city does have the power at the present time to impose rent controls generally. In Birkenfeld the California Supreme Court held that rent controls are within a city's police power and may be imposed if a sufficient factual basis exists to support .\ `~ ~°- • e Honorable Mayor and City Council bruary 15, 1982 qe Three such controls as a rational curative measure. The main factual basis involved in Berkeley was the existence of a housing shortage and the adverse effects of the exploita- tion of such shortage by the charging of exorbitant rents on poor people and the elderly. 2. A rent control ordinance must be based upon sufficient constitutional facts and be only as restrictive as necessary to deal with the problems disclosed by such facts. • The primary "constitutional fact" upon which the necessity and validity of rent controls depend is the actual existence of a housing shortage. Prior to enacting a rent control ordinance, it is essential that reliable factual information be obtained pertaining to the shortage of mobile home spaces. Additional factual information must then be obtained as to the adverse consequences of such shortage. Such information would include data as to rent levels and increases, the nature and number of persons affected, their inability to withstand such increases or to move, and other ill effects of the shortage of spaces which would provide a basis for the controls to be imposed. It must be emphasized that any rent control ordinance must be adopted on the basis of such facts and not merely on the basis of lay opinions and complaints. Rent control, unlike other matters subject to the police power such as zoning, is not an area where the necessity and justification of regulation is well established. Thus, considerable effort must be directed toward establishing the constitutional facts and insuring that the regulations are reasonably related to curing the problems disclosed by such facts. 3. The City could impose rent control on mobile home parks without imposing controls on all types of rental units. o~ On the basis of facts such a slack of mobility and high cost of moving, mobile home parks appear to be suffi- ciently different from other types of rental property to justify special regulation. Indicative of the unique nature of mobile home parks is the special legislation (Civil Code Sections 789.4-789.13) applicable only to evictions in mobile home parks based upon legislative findings as to the unique protection required for mobile home park tenants. The facts marshalled under Question 2 ,~~a • ie Honorable Mayor and City Council ~bruary 15, 1982 iae Four above would need to include adequate basis for a legis- lative finding that the situation requires regulation of mobile homes and not other types of rental units. 4. The key element in a rent control program must be provisions which assure a reasonable return to the park owner. • Any ordinance would have to satisfy procedural as well as substantive due process by providing prompt adjustment of rents where needed without unreasonable delay. We cannot discuss in advance what would constitute a reasonable return in fact any more than we could comment upon the abstract reasonableness of any other administrative decision in the absence of specific facts and circum- stances. What we must assume is that any program undertaken would present no unreasonable obstacles to providing an owner with a reasonable return recognizing that the potential exists for significant disagreement over what is reasonable. T ere are unquestionably many significant legal problems which m st be resolved in the context of each city's factual situation. T erefore, solely from the legal point of view regardless of any p licy decision which the City Council may reach, it would not be p ssible to prepare an appropriate regulatory ordinance in less t an three to four months. As I have indicated earlier, I do not b lieve that the Council, even with the materials presently c mpiled by Mr. Gustafson, has sufficient factual background to c nsider and develop a policy decision in approximately the same p riod of time. I response to the petitioners, who are the mobile home owners of B entwood, on Tuesday, February 16, I would also advise against a y consideration of a moratorium. Other cities have successfully u ilized the moratorium device to permit a reasonable period of t me in which to complete an analysis of both the factual s tuation and the appropriate legal response thereto. Such a m ratorium could be prepared by this office. A draft ordinance is a tacked hereto. H wever, as a practical matter, the rent increase which has t iggered the ire of the mobile home owners of Brentwood went into e fect in January and in the absence of a rollback, which I b lieve to be highly questionable on a legal basis, such a r J ~~~~~ ie Honorable Mayor and City Council ~bruary 15, 1982 iae Five ratorium would not have any significant impact upon the status the mobile home owners. This is especially true since it is my derstanding that no further rent increases within the next veral months are being contemplated. However, such an ordinance uld clearly indicate the City Council's desire to have a defini- ve solution by a time certain even if that solution is a rejec- on of any regulatory measures. erefore, I would recommend that either the Council enact a ratorium ordinance or clearly direct staff to return with oposals no later than May 11, 1982. The length of the time ame for such action I believe is also mandated by the fact that will have new Councilmembers elected in April who will be latively unfamiliar with the problems that exist. )L: lgk ic. \~`/~~ ~° C PETITIGN s° Ind wit dua and rec nia The City Council, The City of Chula Vista, California, 276 Fourth Avenue, Chula Vista, California 92010. The Honorable Greg Cox, Mayor, Councilwoman Gayle r~lcCandless, Councilman C. r~. "Bob" Campbell, Councilman Frank Scott, Council- man George Gillow and City Clerk Jennie Fulasz. Whereas, we, the residents of Brentwood Mobilhome Park of 1100 strial Boulevard, Chula Vista, California 92011.are being threatened economic eviction and/or the loss of our investment in our indivi- mobilhome units, due to the exhorbitant rents and oppressive rules regulations imposed upon us without arbitation by the owner of rd, Mr. Dave Loretz of 1268 Calle Candelero, Chula Vista, Califor- 32 O l 1, and Whereas a duly formed committee of the Golden State Mobilhome Own- ers eague, Inc., Brentwood Mobilhome Park Chapter has met with the owne of record to protest his imposition of said rent, rules and reg- ulat'ons without success in gaining relief or substantiation of increased ~ost to warrant said increases in rent, and: Inasmuch as Mr. Dave Loretz responded without compassion by stat- ing hat "those who do not like it or cannot afford it should move out", and: Inasmuch as the said rent structure and rules and regulations have nega ed the liklihood of individual owners finding potential buyers by virt e of removing the incentive of a competitive structure of rents and clim to of freedom of life, and: '~rVhereas this jeopardizes both the investment in the affected tenant's indi idual mobilhome units and our constitutional rights to, ".life, lib- erty and the pursuit of happiness", therefore: We, the undersigned residents of Brentwood ivlobilhome Park, 1100 Indu trial Boulevard in the City of Chula Vista, California do now and resp ctfully petition the aforementioned. ~~Zayor, IvIembers of the City Coun it and City Clerk of the City of Chula Vista, California to imme iately take action to come to the assistance of Brentwood Mobilhome ark residents and tenants, and by all available means to cause the wne of record, I'~Ir. Dave Loretz, to grant redress to us, the tenants, ~~~ ~ '`'~'``` and o bring the rent structure into .line with comparable parks and rent t stru tures within the City of Chula Vista, and to abolish those rules, regu ations and stipulations which further cause the diminishment and a e S Gv n~ • e elderly and infirm with irreparable loss both economically and ychologically. • • ~~ ~~ • ~,~ SIGNATUtZES TO PETITION T0: The Mayor, City Council and ~ Cit Clerk of the City of Chula Vista, California, ATTACHED, from Bre twood Mobilhome Park residents and tenants: DAT NAME ADD i~,5 S 1 „1 ~ ` _ _.q ~` /' ~ , .l 4'/ ~ 7211`"'1. y `^ . ,, ~. . ~.: ~. ~ ~x .~ d~ ~a '~ ~~~~a' 2 k ~ ~ z , ~~~ i . ~ ~^~tiQ~ .~-- ; ~/ ' Z . 2y 3 /~. , ,~ . 4r. ~' ol,bc. a ~~~-~ , ~~ ~!• .~ ~~ ~: J ~ , iG~.~~ ~i ~~ r~ /~ /,~ L~ZGGCLI :~C~ I~~~G~ ;~ !~~c~Q~~ ~ P,~~~ ~ I ~~~~~ ~~~~~3 i~~ /~r us C, ~ 1.20 // ~ z~- ~ C~ ~ - z 7 Y~- ) ;~•,~~, ; ~~ ~J ~ 6 ~.,~~ ~l' ~ ~'-~ •~ ~- a ~ ~ ~' ~~ ~'~"'Z't _ _ / l ~ 7~- _~ /~ c ~ 3 ~ -; ~e~' SIGNATURES TO PETITION T0: The Mayor, City Council and Cit Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: NAME ADD r2E5 S ~ ~ ~ ~ - /• ~~ ` ~ c~~ ~'~~ -8z /oo - e v, •Q oo ' i ; ~~ ,Z G-- l~ ~ 0 ;' ~~~ a ~ 7 -~ c/'~G ~ 1 Q ~ ~ , ,~ ~- -~ - -~~ 8 ~ D S 1-~ 1 ~ S - / - _~ -r}.~ ~'~~.- /r• 1~~ /,~f~/•r",i`~ l / ~Lf -_1~~ '~ ~; r . i,l.~l_.r.~.~. _ ,mac ~ ~l~ ~ (~ ~ ~ i -~b g ~ ~ / _ O ,,.r, l zs~ - S-3i ~, SIGNATURES TO PETITION T0: The Mayor, City Council and 3 City Clerk of the City of Chula Vista, California, ATTACHED, from y Bren wood Mobilhome Park residents and tenants: ATE NAME ADD r2E5 S ~ ~.~ .~ ~' - ~ Cam, ~/ ~/ ur~~ . S ~s ~~R/Its ~ C' 7l J '~/~ ~ s ( ~ ~ J~. / ~ ` T ( L ~/ ~.A I~ ~1 l / - /T- ~({~/ ~VL'~ Y < CJ -'' Win, c.' ~ io ~ L'~c~ ~ `r ~Cli~-'C. D t7 ~..Q ~ f ~ r ` ~~~ ~-~ Z- Y .,. r ~~ ,~ ~ G D ~ r ~ ~ L°, l/ / o O ~ 17 -~ , (~ ., ~-~~- ~z _ ~ vv ~ ~~/ L~ ~---- `~,.~, ~.~e~ % 1-~ ;' ~~ ~~o ° ~-1 >,~--fir ,~ 1 ~,~~ s - ~~ - C: ~,i', • ~ >_ ~ ~ - z- ~ ~ -, - ~ . ,~_~~ ~ !~ V SIGNATURES TO PETITION T0: The Mayor, City Council and City Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: ATE N ApDi~E5S v ~ - ~' n~ ~ '' /- ~ / (' -~ " ~ :.(/ • i~J~ /~ao - ~ . ~: L~,o,z-~ ,pct ~ oT 3cf a7 ~~ _ ~ n /~ ~y 0 1 ~ / ~20 ~~ l-~1 ~~ /1ao~ ~. 2 9~d1 `~ ~~ ~ a/ ~ 6ct,Lesci~,' ~D 6Y 1(~JD,~~ ,j~.. ~.. ` ~~, ~ Z ~ ~ 1 , • `~ Z~~ ~ ~ ,9 ,~j ( ~ ~C•si/..w.-~ ~ L "~GZ./tiL~ ! ~ DC's .. i~.~' ~,~y,~e?r ~.-.Q ~~~ L ~ `~ vS J ~ c? .~ ~/ 2 v' ~ ~ _ Y + ~ ~~ ~ ~ ~ - Z 2 6 ~ - L..c ,~ f - ~, ~ ~ ~ ~ ~~- ( ~ c~`~ = we-~~_ ~~ ' ~`7 ~~~ ~ _ 11 1 2- r ~ v 6l t -, ~' ~ , l ~~ - - ~ ~.*.r~sT Lv;~ ~ -~~ SIGNATURES TO FETITION T0: The Mayor, City Council and 5 ' City Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: ATE NAME ADDi~ESS ~y,~~ ! ,/~ ~3` '`~ ~' , ^ ~ ~. - A ~ 11 e ~ r:.. ~'7 y ~t . CZe~ (/L,f-[o-v~ .~~ 1~ ~/ ~i - - LV~ ~ ~ l ~ ~ ~ 'r. ~ ~iC!/Ytk- ~ `-~t - ~- t ~~ ~° ~ uE~x.o 'T- 1( •~~D a cAi3iL ~lao ovSrnwtLS~ ~~ - ~ r ~ c./ ~. ~ . ~, .-- Y~ `, ~ i l G _,~ ~ r .~ "~ , ~'~I- ~ / f/G~G~ i /- ~ ~ o f -a~-r~ ' ~-Z, ~ L -zz ~.t/ r ^ ~~ ~ - IP ~ - ~ ! - ~ ctrl' % Llru G ,~ ., r - z ~~ L ~~ .~ a-~ ~ ,rte ~ ~1~ _z~ ~~ ~ ~. - ~ ~ ~3 ~ ~a ..~ ~ ~: ", ~1 Z f - / - ~> %~ Y ~C/~~~/~ ~~C' ~rl~~G•LL"x ~t~Gst~ CL~~~. L`~LC •fi ~~~Y" ' ~y ~. ifs v ~`,~, SIGNATUtRES TO FETITION T0: The Mayor, City Council and City Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: ATE NAME ADDRESS r -~z ~~ ~~ ~ ~ - ,~..;,~ v..~ ~t-~~ ~.~ ""]'' ~~ i ,. ~.r n') .( // 1 A~7 , / 11' ..a ~+ O i i ~ /. /.~ , r!/v,../ .~, ., ,/ -t ... U ~%!~ v . -/ . Y L, ''%• ~ /1 S% ~ / - i ~ Ip ,1, ~ ~r ~ ~ - U~ ~ ~~ . ~ 7- //~~ ~ ~ -- IJ ,y, 3 ~f a ~~ ~• mac' ~~ T't~~'c%-i ^.~~`'~G.=LGG~ ~ ~ ~~ ~ ~~ .,a~, l ~, ~~ ~ -~ j; ~ / xl 3 ~j , _ !-' -~2~ ~ ( i ' l .!'. ~ - -T . ~~~ b " ~ rC ~ ~ .~ .~ ~' ~` / ~~ i r -.~ L~ ~L ~ !/V _r~~J~wY! 1 ~L=1~~U~ J~ ~ ~'-J`L' ~ /H+ ~L: /'~ SIGNATURES TO PETITION T0: The Mayor, City Council and ~ City Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: ATE NAME ADDRESS ~. a+ y lv (y1 +~ -Z Z- 2 ~ Ct ~ ~`~= ilk •~~~ i'/~-Z~- CIJ~•~'~ ~ta1/ ._~ ~ . .c ~rav ~ ~.Z~ - G', tr L ~ /- ,~ ~ ~ ~ ~. ~ - , . , ~ , of - r ~ .~j'~o, r: ,~ ~ L ~ , , , , . ~ , /~3 - ~ ~'~'-2~~- h~/~%-~~~ /'/ ~ ~~ c~~~~-~. ~ ~~' ,'mot'' ", .L~+ ~ ~ G 1~ jG?a ~' t ~ c, .~ ~/ . / r- . / ~3 2 .%/ _ / /~~ L~1--6G~ ` o L~=~ GAG ~ . /O ~ 2~ ~~~ ~ - ~ `'~ ~~ ,,~ ,~, i a_3 - ~ •- - ~ ~ a ~13. ~. c ~ - ~ . `~ _ z ~ / 1 <, SIGNATURES TO PETITION T0:-The Mayor, City Council and City Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: ATE NAME ADD r~5 S ~ ~l ~ '>c.x. ~ a: // ~ wit.-.~c~` 1 ~B~ ~=/J r _~ l ~f ~ ~ ~ ~ ~ ~e ~ ,Y _ ~.. `~ ~- Y ~ ~ ~~~ ~ ~ t i/c a ;.tic, t~ ~ Z~ • S C 1 - ~~ j ~ l.. ~ ~ - i r -~ ~J. 3,L ~- l / - _ ~ .. al ~ ~ _ _ n ~ ~, ~ ~ r /' G '' ~,/~ - ~ y SIGNATURES TO FETITION T0: The Mayor, City Council and e~ Cit Clerk of the City of Chula Vista, California, ATTACHED, from Bre wood Mobilhome Fark residents and tenants: ATE NAME ADDi3ES5 L-~ a i/ % 7 ` " ~~ ~ 7 ~ ~- ,, ~rG 4.Y ' .G-C ~ ~~L/!/~ 1j2..~(~~ _ /~j , l ; ~~iC/A' ~ 1 : .t ~.i/ ' I `_ / ' l., • ~ ; /~ (~ ~~ l U~` ~ ~~ / -~ s,,~~ ,~ ~. ,,~ 1 ~ ~ - C, ~ ~. ~,~ ,~ `_ 1-ate- ~:~ ~ ._ t~ ~. ~ ,, l j,~- ~ • r, ~' L ~ `'~ `~ ~liL~ - _C -~~ l ~~ ~ C . ~. ,~%, ~ ~..- ~'~ ~ ~~ ~H ~'(~~"li~~~ ~~~ l..'J~~/l.r /~ ~ ~/~ 1 ,~ ' 1 o -- _e ~~ ~o.~ ~..~ ' ~ JCL- - Z ~ ~-~ ti ,~ ~~ rc l,. r ~~~~.:~ a ..,. ~~- , =7 , /L' L' ~ ,.,. ~._ n II Gt~t.J ;,~iL~c G~Lt 1 f ~ t ~ ~ c, r /-• / ~ ~ ~ v < < -~ `, ` ` b? l /f r~ /~ ~.1 ~/ / `f k` N / l~~ r• ~.-~ ~' '~~--~~ !3 3` `'lei L!,..,.r,~ SIGNATURES TO PETITION T0: The Mayor, City Council and City Clerk of the City of Chula Vista, California, ATTACHED, from Bren wood Mobilhome Park residents and tenants: ATE NAME ADDRESS Vin. /-..? -~y //Dd ~ ~-./biz ~ - ~ .~ / r 1- ---_ l .~~ `~ ~- ~ ~ ~ - l - 2 ~ ~ lOo --l ~ - ~-~~ y~ .~~oo .S ~l~ ~. 3 v ~-3 ~ ~ /~c o ~ ~ ~' _ c - /~ ~~ ~ ~ n ~- - a- ! - a- -;fit. ~ ~- ~h.~-; ~ . ~_ .. ~ - ~ .