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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. 4 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 5