HomeMy WebLinkAboutOrdinance 1743 (Mobilehome Rent Increases)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify that the foregoing Charter
Ordinance No. 1743 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS
20.04.020(M) AND 20.08.010 (B) OF THE SAN RAFAEL MUNICIPAL CODE
CONCERNING MOBILEHOME RENT INCREASES".
is a true and correct copy of an Ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 18th day
of OCTOBER, 1999, published as required by City Charter in the MARIN INDEPENDENT
JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as
an Ordinance of said City at a REGULAR meeting of the City Council of said City held
on the 1st day of NOVEMBER, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
2nd day of NOVEMBER, 1999.
JEANNE�INI. City Clerk
ORDINANCE NO. 1743
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING SECTIONS 20.04.020(MI) AND 20.08.010(B) OF
THE SAN RAFAEL MUNICIPAL CODE CONCERNING
MOBILEHOME RENT INCREASES.
WHEREAS, in 1989, the City Council adopted the City's mobilehome rent
stabilization ordinance, codified as Chapter 20 of the San Rafael Municipal Code, as
amended in 1993, in order to implement provisions in the Housing Element of the City's
General Plan, requiring the preservation of affordable housing in the City of San Rafael;
and,
WHEREAS, mobilehomes continue to be an important source of affordable
housing in San Rafael for persons of very low, low and moderate income; and
WHEREAS, San Rafael Municipal Code section 20.08.010(B)(1) currently
permits mobilehome space rents to be increased annually in certain graduated amounts
based upon increases in the Consumer Price Index, without review under the rent control
provisions of Chapter 20; and
WHEREAS, mobilehome rent increases permitted over the past ten years without
review pursuant to section 20.08.010(B)(1) of the Ordinance, have resulted in rents
which are not considered affordable for very low or low income park tenants, thus
effectively negating the purpose of the rent control ordinance to preserve affordable
housing; and,
WHEREAS, the City Council desires to ensure that the goals and objectives of
its policy to preserve affordable housing within the City of San Rafael, as detailed in the
Housing Element of the City's General Plan, are maintained, and, in order to do so, the
City Council finds that it must adjust the provisions of Chapter 20 to more effectively
ensure the affordability of housing for mobilehome park tenants, while continuing to
provide the mobilehome park owners with a fair return on their investments; and
WHEREAS, the rent hearing procedure will continue to provide the park owner
an efficient, inexpensive and prompt method to increase rent in excess of the exempted
amount should the evidence justify such an increase to ensure the park owner's fair return
on investment;
NOW, THEREFORE, the City Council does ordain as follows:
DIVISION 1:
San Rafael Municipal Code Sections 20.04.020(M) is hereby amended to read as
follows:
Section 20.04.020(M) - - Rent Increase.
M. "Rent increase" means any additional rent demanded of or paid by
a Homeowner for a rental lot and related amenities, including any
reduction or elimination of amenities without a corresponding reduction in
the monies demanded or paid for rent, and any additional rent demanded
of or paid by an operator for rental of real property used for the operation
of a mobile home park. Anv portion of a rent increase assessed for
capital reDlacements or capital improvements shall be separately
identified and shall not be included in the base rent.
DIVISION 2:
San Rafael Municipal Code Sections 20.08.010(B)(1) is hereby amended
to read as follows:
Section 20.08.010(B)(1)
Except as provided in section 20.08.010(B)(2) and (B)(3) anv rent
increase for anv mobilehome lot in anv 12 month period which is
eaual to or less than the rent charged on the date 12 months prior to
the date the increase is to take effect. multiplied by a cost of living
factor and rounded off to the nearest dollar. The cost of livingfactor
actor
shall be seventy-five percent (75%) of the CPUC, where the CPI/C
shall mean the percentage change in the consumer price index
(11CPI") for California. All Urban Consumers. San Francisco -
Oakland -San Jose areas. as published by the Bureau of Labor
Statistics. San Francisco. over the most recent twelve month period
for which figures are available through the month before the month
Dreceding the date notice of the rent increase is given. The most
recently Dublished CPI figure available at the time the rent increase
notice is given shall be used for the calculation. The Citv of San
Rafael will suDDly each Owner and/or Operator the Dublished CPI
figure to be used in anv rent increase. Each Owner and/or Operator
shall post such document in a conspicuous place in the nark office or
office area, where it can easilv be seen by the nark Homeowners.
Capital replacement and/or capital improvement assessment(s) shall
not be included in the base rent nor eligible for automatic CPI
increases under this section.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
DIVISION 4:
This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and
shall be in full force and effect thirty (30) days after its final passage.
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ALBERT J. BORO, Mayor
ATTEST:
A.
JAkSINE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1743 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, held on the 18th day of
OCTOBER , 1999 and ordered passed to print by the following vote, to wit:
AYES: Councilmembers : Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers : None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 1st day of NOVEMBER '1999.
JEW�E-M. LEONI�W, City Clerk
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