Item 15 Staff Report Adopt Ordinance Amending the Los Gatos Town Code Section 14.85.025, Mobile Home Rental and Other Tenant/Landlord DisputesMEETING DATE: 11/20/00
ITEM NO.
COUNCIL AGENDA REPORT
DATE: November 14, 2000
TO: MAYOR AND TOWN COUNCIL ,,��''//
FROM: ORRY P. KORB, TOWN ATTORNEY(()
SUBJECT: ADOPT ORDINANCE AMENDING THE LOS GATOS TOWN CODE SECTION 14.85.025,
MOBILE HOME RENTAL AND OTHER TENANT / LANDLORD DISPUTES
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of November 6, 2000.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary published before
adoption).
DISCUSSION:
On November 6, 2000, the Council introduced Attachment 1 amending Town Code section 14.85.025 concerning
mobile home rental and other tenant/landlord disputes.
Attachments: Ordinance
Distribution:
Rent Advisory Committee
Ann Marquart, Executive Director, Project Sentinel, 430 Sherman Avenue, #380, Palo Alto, CA 94306
Doug Johnson, WMA Regional Rep, WMA N. Calif. & Bay Area Regional Office, 1622 14th St., Sacramento, CA 95814
Jack Cole, 14685 Oka Road, #53, Los Gatos, CA 95030
Clovis M. Mirassou, 5496 Amby Drive, San Jose, CA 95124
Catherine Sprague, 14685 Oka Road, #55, Los Gatos, CA 95030
Franklin and Wilma Jones, 14685 Oka Road, #57, Los Gatos, CA 95030
Clovis T. and Ann Mirassou, 147 Old Orchard Drive, Los Gatos, CA 95032
Jim Grant, 14685 Oka Road, #2, Los Gatos, CA 95030
Michele Martin, 14685 Oka Road, #34, Los Gatos, CA 95030
OPK:LMB/wp [N:1ATYIRENTORD.TCR]
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by: anager Revised: 11/14/00 10:38 am
Reformatted: 7 r/99 File# 301-05
ORDINANCE
ORDINANCE AMENDING THE LOS GATOS TOWN CODE
CHAPTER 14, ARTICLE VIII V, MOBILE HOME RENTAL AND
OTHER TENANT/LANDLORD DISPUTES (SECTION 14.85.025)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 14.85.025 of the Town Code is hereby amended to read as follows:
Sec. 14.85.025. Exceptions to article provisions; partial vacancy decontrol.
The provisions of this article shall not apply to the following:
(a) Space rent or space rent increases during a thirty -day period commencing upon the
completion of a new mobile home space or mobile home space first rented after
December 1, 1992.
(b) Nothing in this article shall operate to restrict the rights of tenants and owners who
have entered into agreements providing for a fixed term and/or a fixed rent for
mobile home tenancies, beyond a twelve-month duration.
(c) Nothing in this article shall operate to restrict the rents charged by owner in the case
of voluntary termination, abandonment of a mobile home in place, removal as a result
of dealer or real estate broker/agent pull out, eviction, or sale of a mobile home
owned by the mobile home park owner.
(d) In the case of an in -place sale of a mobile home, the initial space rent to be charged
the new mobile home tenant may be increased as follows:
Year
Rents raised to the greater of the two alternatives.
2000
$488 or seller's rent + $25
2001
$488 + CPI rent increase or seller's rent + $25
2002
$488 + 2001 CPI rent increase + 2002 CPI rent increase or
seller's rent + $25
CPI rent increase is calculated by applying the annual CPI rent increase to the $488.
The CPI rate is per the data most recently available when calculated. The CPI
Page 1 of 2
increase applied in this table will be for each year from 2001 to the current year.
Increases for subsequent years are calculated in the same manner. Increases are
calculated in October of each year.
(e) In all cases when a mobile home is replaced, except as stated in (c), above, the rent
upon the first resale following replacement will increase $100.00 over the rent
calculated in (d) in the year the sale occurs.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council o f the Town of
Los Gatos on , 2000, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
2000. This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAATY\MOBILE
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa Clara at
110 E. Main Street, Los Gatos, California, 95030.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing of correspondence
for mailing with the United States Postal Service and that correspondence is deposited with the United States Postal Service
that same day in the ordinary course of business.
3. On November 21, 2000 I mailed at Los Gatos, California a true copy of Town Ordinance 2075 relating
to Mobile Home Rental and other Tenant/Landlord Disputes to the following:
Ann Marquart, Executive Director, Project Sentinel, 430 Sherman Ave. #380, Palo Alto, CA 94306
Doug Johnson, WMA Regional Rep, WMAN, Calif. & Bay Area Regional Office, 1622 14'h St., Sacramento, CA
95814
Jack Cole, 14685 Oka Road, #53, Los Gatos, CA 95030
Clovis M. Mirassou, 5496 Amby Drive, San Jose, CA 95124
Catherine Sprague, 14685 Oka Road #55, Los Gatos, CA 95030
Franklin and Wilma Jones, 14685 Oka Road #57 Los Gatos, CA 95030
Clovis T. and Ann Mirassou, 147 Old Orchard Drive, Los Gatos, CA 95032
Jim Grant, 14685 Oka Road, #2, Los Gatos, CA 95030
Michele martin, 14685 Oka Road, #34, Los Gatos, CA 95030
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on November 21, 2000.
/s/ M
MarLyn J. Ra
Execui.i' Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:\proof
ORDINANCE 2075
ORDINANCE AMENDING THE LOS GATOS TOWN CODE
CHAPTER 14, ARTICLE VIII V, MOBILE HOME RENTAL AND
OTHER TENANT/LANDLORD DISPUTES (SECTION 14.85.025)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 14.85.025 of the Town Code is hereby amended to read as follows:
Sec. 14.85.025. Exceptions to article provisions; partial vacancy decontrol.
The provisions of this article shall not apply to the following:
(a) Space rent or space rent increases during a thirty -day period commencing upon the
completion of a new mobile home space or mobile home space first rented after
December 1, 1992.
(b) Nothing in this article shall operate to restrict the rights of tenants and owners who
have entered into agreements providing for a fixed term and/or a fixed rent for
mobile home tenancies, beyond a twelve-month duration.
(c) Nothing in this article shall operate to restrict the rents charged by owner in the case
of voluntary termination, abandonment of a mobile home in place, removal as a result
of dealer or real estate broker/agent pull out, eviction, or sale of a mobile home
owned by the mobile home park owner.
(d) In the case of an in -place sale of a mobile home, the initial space rent to be charged
the new mobile home tenant may be increased as follows:
Year
Rents raised to the greater of the two alternatives.
2000
$488 or seller's rent + $25
2001
$488 + CPI rent increase or seller's rent + $25
2002
$488 + 2001 CPI rent increase + 2002 CPI rent increase or
seller's rent + $25
CPI rent increase is calculated by applying the annual CPI rent increase to the $488.
The CPI rate is per the data most recently available when calculated. The CPI
Page 1 of 2
(s'
increase applied in this table will be for each year from 2001 to the current year.
Increases for subsequent years are calculated in the same manner. Increases are
calculated in October of each year.
(e) In all cases when a mobile home is replaced, except as stated in (c), above, the rent
upon the first resale following replacement will increase $100.00 over the rent
calculated in (d) in the year the sale occurs.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on November 6, 2000, and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on November
20, 2000. This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steve Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joe Pirzynski.
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED: /s/ Joe Pirzynski.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Town Council Minutes November 20, 2000
Redevelopment Agency Los Gatos, California
A DETACHED GARAGE WHICH EXCEEDS 450 SQUARE FEET IN AREA ON A
NONCONFORMING PROPERTY ZONED R-1:8. Carried unanimously.
MOBILE HOME RENTAL/TENANT LANDLORD DISPUTES/ORDINANCE 2075 (15.39)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Ordinance 2075 entitled.
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN
CODE CHAPTER14, ARTICLE VIII V, MOBILE HOME RENTAL AND OTHER
TENANT/LANLORD DISPUTES. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Beautification:
Shirley Henderson, 98 W. Main St., representing the Beautification Committee of the Chamber of
Commerce, spoke of the El Monte Hill project of irrigation, weeding, and planting, to make the east
end of Main St. a more attractive entrance to the downtown.
Holiday Parking Program:
Dianne McNutt, 27 Jackson Street, representing the Chamber of Commerce, reported on the success
ofthe program providing convenient parking options to those driving to town. Employees are finding
parking as well as visitors and residents. She took the time to thank the Mayor and the Town for the
support and cooperation on enabling this program.
General Comments on Town Government:
Ray Davis, resident, submitted a resolution from the City of Orinda regarding their city policies. and
asked our Council to adopt similar ones addressing appeals.
HEARINGS
WOODED VIEW DRIVE 285/NEW RESIDENTIAL CONSTRUCTION/APPEAL (16.15)
Mayor Pirzynski announced that this was the time and place so noted for public hearing to consider
an appeal of the decision of the Planning Commission approving a request to construct a new single
family residence on property zoned HR-21/2. Architecture and Site Application S-99-13. Property
Location: 285 Wooded View Drive. Property Owner/Applicant/Appellant: Vino Malhotra.
Director of Community Development, Paul Curtis, announced that the noticing on this item had
been faulty, and staff was recommending a continuance to December 4, 2000.
The following people from the audience addressed this issue:
Mr. Davis, spoke to this issue and upholding the ideals of the Hillside Specific Plan.
Bernadette Chadwick, 220 Wooded View Drive, invited Council to view the neighborhood and
the homes nestled into the hillside lots. She asked that the architecture, size and location of the
home be carefully reconsidered.
No one else spoke to this subject.
TC:D11:MM112000
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