Item 8 Staff Report Instruct Clerk to Publish Summary of Ordinance Amending Article 14.85 Regarding Mobile Home Rental and Other Tenant/Landlods DisputesCOUNCIL AGENDA
DATE: MARCH 21, 1994
ITEM NO. ,
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: March 15, 1994
TO: MAYOR AND TO
FROM: TOWN MANAGER
SUBJECT: INSTRUCT CLERK TO PUBLISH SUMMARY OF THE ORDINANCE AMENDING ARTICLE
14,85 REGARDING MOBILE HOME RENTAL AND OTHER TENANT/LANDLORD
DISPUTES
RECOMMENDATION:
Instruct Clerk to publish summary of Ordinance Amending Article 14.85 Regarding Mobile Home Rental and
Other Tenant/Landlord Disputes.
BACKGROUND:
An ordinance Amending Article 14.85 Regarding Mobile Home Rental and Other Tenant/Landlord Disputes
was introduced by Council at the March 7, 1994, meeting. Standard Council agenda format requires that
instructions be given to the Town Clerk to publish a summary of the ordinance. These instructions were
inadvertently left off the Town Council Report.
DISCUSSION:
The cost for publishing the full ordinance is estimated at $600; the cost to publish the summary is $50 -
$100. It is much less costly to publish a summary of the ordinance rather than the entire document. After
publication, the ordinance can then be adopted at the April 4 meeting.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA, and no further action is required.
FISCAL IMPACT:
Funds for printing the summary are available in account 1050-60020.
PREPARED BY: Regina A. Falkne
Community Se
RAF:dr
CSD01:A:CNCLRPTS\mobilhom.pub
ATTACHMENT: Summary
irector
Reviewed by: Attorney Clerk
3/15/94 9:01 am
File #
ance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
petition shall be a copy of the notice given by the park owner which indicated the
date it was served. Appended to the tenant's petition shall be a copy of the tenant's
notice to the mobile home park owner of that service reduction. The petition shall
be made under penalty of perjury and supporting documents shall be certified or
verified as requested by the Town's agent.
(b) All petitions received by Town's agent concerning similar issues at the same
mobile home park will be merged at the Town agent's discretion.
SECTION VII
Section 14.85.135 of Chapter 14 of the Town Code is hereby amended to read as
follows:
Section 14.85.135. Same --Time for filing.
An owner's petition must be filed at least thirty (30) days before the first effective
date of the increase stated in the notice to tenant. A tenant's petition must be filed within
thirty (30) days after expiration of the reasonable time given to the mobile home park
owner to restore services.
SECTION VIII
Section 14.85.145 of Chapter 14 of the Town Code is hereby amended to read as
follows:
Section 14.85.145. Hearing --Procedures.
(a) Parties. Parties to an owner's petition include the owner and all tenants affected
by the proposed rental increase. Parties to a tenant's petition include the owner and
affected tenants.
(b) Time. Within sixty (60) days from the date a petition is received by the Town's
agent, an arbitrator shall conduct a hearing open to representatives of all parties.
(c) Notice. The Town's agent shall mail written notice to all parties at least twenty
(20) calendar days before the hearing.
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(d) Submittal of evidence. Materials to be considered at the hearing must be logged
with the Town's agent at least twelve (12) days in advance of the hearing who shall make
them available to all parties to the hearing at least seven (7) days in advance of the hearing.
(e) Extensions. Extensions of time for the hearing process may be mutually agreed
upon by both parties with the concurrence of the arbitrator.
SECTION IX
Section 14.85.160, (b) (2) of Chapter 14 of the Town Code is hereby amended to
read as follows:
Section 14.85.160. Same --Determination.
(2) If an audit and analysis prepared pursuant to the provisions of section
14.85.125 indicates that a park's NOI exceeds five (5) percent more
than a fair and reasonable return as defined by section 14.85.245, it
shall be considered prima facie evidence of a service reduction and the
burden of proof shall switch to the park owner to establish that a
service reduction has not occurred.
SECTION X
Section 14.85.165 of Chapter 14 of the Town Code is hereby amended to read as
follows:
Section 14.85.165. Hearing; determination; notification.
Within twenty days following the conclusion of the hearing, the arbitrator shall
deliver to the Town's agent a written statement of determination and findings of fact upon
which such determination is based. The Town's agent shall cause copies of the
determination and the findings to be mailed by regular first class mail to all parties.
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SECTION XI
Section 14.85.170 of Chapter 14 of the Town Code is hereby amended to read as
follows:
Section 14.85.170. Increase determined not reasonable; remedies.
Any rent increases collected by a mobile home park owner pursuant to a CPI or
supplemental increase which is the subject of a tenant's petition and later determined to
be unjustified because of a service reduction, shall, within ninety (90) days be either
returned to the tenants or credited to future rental charges at the option of the mobile
home park owner.
SECTION XII
Section 14.85.175 of Chapter 14 of the Town Code is hereby amended to read as
follows:
Section 14.85.175. Determination; applicability.
The determination made under the provisions of this article shall be effective with
respect to all mobile home park spaces, unless the tenant of such space has a written lease
which meets the criteria of Civil Code Section 798.17, with the owner which otherwise sets
forth the rights and obligations of the parties with respect to rent.
SECTION XIII
Section 14.85.180 of Chapter 14 of the Town Code is hereby amended to read as
follows:
Section 14.85.180. Determination and appeal.
The determination of the arbitrator shall be final. Any party disputing the
determination and findings may seek review pursuant to Sections 1094.5 and 1094.6 of the
California Code of Civil Procedure. Section 1094.6 expressly applies to proceedings under
this article.
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SECTION XIV
Section 14.85.235, (a) (5) of Chapter 14 of the Town Code is hereby amended to
read as follows:
Section 14.85.235. Calculation of gross income.
(5)
Proceeds from a sale of a mobile home park asset which exceed the
book value of the asset. If an asset is conveyed from the mobile home
park to another entity via a non -sales transaction, then, for this
subparagraph, the transaction would be considered a sale and the sales
price would be set at the fair market value of the asset.
SECTION XV
Section 14.85.240, (a) (4) of Chapter 14 of the Town Code is hereby amended to
read as follows:
Section 14.85.240. Calculation of operating expenses.
(4) License, registration fees, and the regulatory fee required by Section
14.85.030 as required by law to the extent not otherwise paid by the
residents.
Section 14.85.240, (a) (5) (e) of Chapter 14 of the Town Code is hereby amended
to read as follows:
Section 14.85.240. Calculation of operating expenses.
e. If a capital improvement is removed from service, then the
related depreciation shall discontinue accrual to operating
expenses. Depreciation for a capital improvement shall also
discontinue accrual to operating expenses when the book value
of the capital improvement is reduced to the salvage value or
zero, whichever is greater.
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SECTION XVI
Section 14.85.315, (c), of Chapter 14 of the Town Code is hereby amended to read
as follows:
Section 14.85.315. Determining value of unreasonable service reductions.
(c) The arbitrator shall apply the percentage reduction to the monthly rent,
divide by thirty (30), and multiply by the number of days commencing
from the date service reduction began to the date of restoration of the
service to the Basic Service Level.
SECTION XVII
Section 14.85.315, (c), of Chapter 14 of the Town Code is hereby amended to read
as follows:
Section 14.85.405. Unsupervised efforts of the parties.
(a) Notice of objection. One or more tenants, or the mobile home park owner,
may at any time file a written objection with the other, as to maintenance, capital
improvement, housing services, or any other concern related to the physical condition
or habitability of the mobile home park.
(b) Informal meeting. Within ten (10) days after service of the written
objection from a tenant, the mobile home park owner shall set a time and place for
a meeting to be held on the mobile home park premises, giving the tenant at least
seven (7) days' notice of the time and place. In the case of a written objection filed
by the park owner, a time and place for discussion shall be set forth in the notice.
The purpose of this meeting shall be to allow the parties the opportunity to resolve
any differences they may have concerning non -rental disputes. The meeting may be
continued to another time and place agreeable to the parties. The parties may agree
t
o consolidate more than one notice of objection in the same discussion.
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SECTION XVIII
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on March 7, 1994, 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 May 2, 1994. This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
/s/ Randy Attaway
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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INTERNAL TRACKING
COMPLETE AND INITIAL EACH S1 EA'
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RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
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PUBLISH IF REQUIRED - Indicate date of /.
ORDINANCES ONLY Publication. "-' / //
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WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
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TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
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SEND FOR CODIFICATION IF ORDINANCE !
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PUBLISH FULL ORDIN DETHCE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
ATTORNEY
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Cd3-67'79e2. obi
5/02/94
15
MOBILEHOME RENTAL DISPUTES
RESOLUTION ORDINANCE
Number: 1973
Date of Intro: 3/07/94
Date of Adopt: 5/02/94
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D1 4: \OTHER\ORDRES
May 2, 1994
Los Gatos, California
PAYROLL RATIFICATION/APRIL 1994 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that c_ uncil ratify the check register for
the payroll of March 27 through April 9, 1994 paid on April 15, 1994 in the amount of
$206,606.40. Carried unanimously.
TRAILS AND BIKEWAYS COMMITTEE/ADVERTISE FOR VACANCIES (09.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report from Trails and
Bikeways Committee, determine vacancy exists, and instruct Clerk to advertise for applications
to fill vacancy. Carried unanimously.
9323 PROJECT/OAK MEADOW PARK/REST ROOM RENOVATION (10.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve contingency increase
for Project 9323 Oak Meadow Park rest room renovation by $2,000. Carried unanimously.
TRANSIT ASSIST PROGRAM/OPERATING BUDGET (11. )
Motion by Mr. Blanton, seconded by Mrs. Benjamin, :.,at Council amend the Community
Services Department's Transit Assist program FY 1993-94 Operating budget by transferring funds
from full-time employees account to insurance account. Carried unanimously.
ART COMMISSION/ART COUNCIL OF SANTA CLARA COUNTY/GRANT (12.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council amend the Arts Commission's
1993-94 budget to incorporate Arts Council of Santa Clara County 1994 grant of $1622. Carried
unanimously.
COMMUNITY FORUMS/COUNCIL PARTICIPATION (13.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept report on participation
in Community Forums. Carried unanimously. (Council also requested staff consi
vacation schedules and councilmember's available calendar time.)
MOBILEHOME RENTAL/TENANT-LANDLOR ; . PUTES/ORD (NANCE 1973 (15.19
Motion by Mr. Blanton, seconded by Mrs. 3e. lin, that Council re -adopt Ordinar 973
entitled, ORDINANCE OF THE TOWN OF )S GATOS AMENDING ARTICLE 14.85
REGARDING MOBILEHOME RENTAL AND O i HER TENANT/LANDLORD DISPUTES.
which was introduced at the Town Council meet :::; of March 7, 1994. Carried unanimously.
OFFICE USE/GROUND FLOOR/A-92-3A/ORDI> E 1975 (16.46)
Motion by Mr. Blanton, seconded by Mrs. Benjar that Council adopt Ordinance 1975 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ...IENDING THE ZONING ORDINANCE OF
THE TOWN CODE TO PERMIT GROUND FLOOR OFFICE USES ON STREETS,
ALLEYWAYS OR PARKING LOTS WHERE THEY ARE PRESENTLY NOT ALLOWED. whi,;h
was introduced at the Town Council meeting of April 4, 1994. Carried unanimously.
ALCOHOLIC BEVERAGE POLICY/RETROACT1VE/ORDINANCE 1976 (17.43)
Motion by Mr. Blanton, seconded by Mrs. Ben: -lin, that Cour. .adopt I finance
ORDINANCE OF THE TOw'N OF LOS GAT( AMENDING THE TC COD
29.10.225 AND 29.20.310 A J ADDING SE( )N 29.20.318 TO PR( DE A 1
SERVING ALCOHOLIC B . VERAGES IN C ES WHERE USE PEI ill COI
ALCOHOLIC BEVERAGE POLICY IS VIOLATED, which was introduced at the
meeting of April 18, 1994. Carried unanimously.
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