HomeMy WebLinkAboutCC Resolution 11705 (B-Bar-A Trailer Ranch)RESOLUTION NO. 11705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL GRANTING APPEAL OF THE RV PARK
OF SAN RAFAEL (FORMERLY THE "B -BAR -A TRAILER
RANCH") AND MODIFYING THE ARBITRATOR'S
JANUARY 3, 2002 SUPPLEMENTAL DECISION, TO
GRANT AN ADDITIONAL $25 PER SPACE, PER MONTH
RENT INCREASE PROSPECTIVELY
WHEREAS, In September of 2000, the RV Park of San Rafael (formerly the `B -Bar -A
Trailer Ranch") petitioned the City, under section 20.12.020 of the City's Mobilehome Rent
Stabilization Ordinance ("MRSO"), for a rent increase of $88.07 above the annual, automatic CPI
rent adjustment (which was determined to be $11.00); and
WHEREAS, in his written opinion of April 10, 2001, the arbitrator denied the park
owner's claim that the ordinance did not apply to the RV Park and denied any amount of a rent
increase and the park owner appealed the arbitrator's decision to the City Council; and
WHEREAS, the Council denied the park owner's claim that the ordinance did not apply to
the RV Park but reversed and remanded to the arbitrator the denial to the park owner of any rent
increase. The arbitrator was advised of the Council's decision. On January 3, 2002, the arbitrator
issued a supplemental decision granting the RV Park owner a $27.00 per space, per month increase;
and
WHEREAS, subsequently, the park owner initiated litigation against the City challenging
first, the determination that the ordinance applied to the RV Park of San Rafael and second, the
amount of the rent increase granted to the park owner was not constituting a fair return; and
WHEREAS, after two years of litigation, with the matter presently pending before the State
Court of Appeal, the parties have reached a tentative settlement agreement the essential elements of
which are 1) the City would grant a further appeal hearing on the rent increase petition and
consider an additional $25.00 per space per month rent increase, prospective only; 2) the park
owner would no longer contest the applicability of the Mobilehome Rent Control Ordinance to the
RV Park of San Rafael; and 3) the park owner would end the litigation against the City; and
WHEREAS, a review of the administrative record, including the transcript of the
arbitration hearing, the decisions of the arbitrator, the briefs of the parties, the evidence presented at
the hearings, and a review of the City's ordinance and consideration of the park owner's indication
that an additional $25.00 per space, per month rent increase would constitute a fair return, provides
a factual basis upon which the Council can grant the appeal and modify the arbitrator's decision.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby makes the following findings and takes the following actions:
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1. All of the above factual recitations are true and correct.
2. The record of the arbitration hearing, the evidence presented by the parties, the
briefs filed by both parties and the statements made by the representatives of the parties, all of
which are incorporated herein by this reference, provide a factual basis upon which the Council
finds that it can grant the appeal and modify the arbitrator's decision.
3. The City Council specifically finds, based upon referenced documents and materials
incorporated herein, that an additional rent increase of $25.00 per space, per month will provide the
owner of the RV Park of San Rafael a fair return on his investment.
NOW, THEREFORE, BE IT FURTHER RESOLVED as follows:
1. The City Council of the City of San Rafael, based upon the factual findings
contained herein, hereby grants the appeal of the RV Park of San Rafael from the arbitrator's
supplemental decision of January 3, 2002 in which the RV Park was granted a rent increase in
excess of the annual CPI adjustment.
2. Further, the City Council of the City of San Rafael, based upon the factual findings
contained herein, hereby modifies the arbitrator's January 3, 2002 supplemental decision and grants
the owner of the RV Park of San Rafael a $25.00 per space, per month rent increase in addition to
the increase granted by the arbitrator in his supplemental decision of January 3, 2002.
3. Further, the Council directs that this additional $25.00 per space per month shall be
imposed prospectively only, and after the owner gives all tenants ninety (90) day notice of the rent
increase.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 7th day of February, 2005, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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J M. LEONCM, City Clerk