HomeMy WebLinkAbout148 - Ordinances ORDINANCE NO. 148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER
8.10 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICI-
PAL CODE TO PROVIDE FOR A MOBILE HOME PARK RENT
MEDIATION PROCESS.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Title 8 of the Rancho Cucamonga Municipal Code is
hereby amended by adding Chapter 8.10 to read as follows:
"Chapter 8.10
"MOBILE HOME PARK RENT MEDIATION
"Sections:
"8.10.010 Intent and purpose.
"8.10.020 Right to petition.
"8.10.030 Contents of petition.
"8.10.040 Filing and fees.
"8.10.050 Preliminary processing.
"8.10.060 Meet-and-confer session.
"8.10.070 Appeal.
"8.10.080 Conduct and mediation.
"8.10.090 Finality of decision.
"8.10.100 Judicial relief.
"8.10.110 Remedies for failure to attend meet-and-
confer session.
"8.10.120 Rescheduling and continuances.
"8.10.010 Intent and purpose. The purpose of this
chapter is to establish a mandatory meet-and-confer process
between tenants and owners of mobile home parks with respect
to certain proposed rent increases.
"8.10.020 Right to petition. Within thirty (30) days
after an owner of a mobile home park has given notice to the
tenants thereof of a proposed rent increase which exceeds the
consumer price index as outlined in Section 8.10.050, the
tenants may petition the City to call a mandatory meet-and-
confer session between the mobile home park owner and a
committee representing the tenants for the purpose of discussing
the proposed rent increase and the reasons therefor.
"8.10.030 Contents of petition. Any petition filed
pursuant to this chapter shall contain all of the following
information:
"A. The name and address of the mobile home park.
"B. The name and address of the owner(s) of the
mobile home park.
"C. The number of spaces in the mobile home park.
"D. The number of spaces which were vacant on the
date the notice of rent increase was given.
"E. A statement of the existing rent schedule and
the proposed rent schedule.
Ordinance No. 148
Page 2
"F. A statement of the rent schedule in effect as
of twelve (12) months prior to the date on which the proposed
rent increase would be effective.
"G. A brief statement of the reasons why petitioners
believe the proposed rent increase is not justified and a
request for a meet-and-confer session with the mobile home
park owner.
"H. The signatures of and identification of the
mobile home space occupied by each tenant signing the same.
"I. The names of a tenants' committee of not more
than five (5) persons, designating one (1) person as chairperson.
"J. The mobile home park owner shall provide the
petitioners, upon request, with such information identified in
A through F above as petitioners require to complete the
petition.
"8.10.040 Filing and fees.
"A. Any petition filed pursuant to this chapter
shall be filed in the Office of the City Clerk.
"B. No petition tendered for filing pursuant to
this chapter shall be filed unless the `fling fee therefor, in
an amount established by resolution of the City Council, is
first paid.
"8.10.050 Preliminary processing. Within three (3)
working days after receiving a petition filed pursuant to this
chapter, the City Clerk will review the same to determine
whether a meet-and-confer session shall be required. A meet-
and-confer session shall be required only if:
"A. The petition contains the signatures of tenants
representing more than fifty percent (50%) of the occupied
mobile home spaces in the mobile home park.
"B. The petition contains all of the information
required by Section 8.10.040 hereof; and,
"C. The proposed rent increase when added to all
rent increases which were effective during the 12 months
immediately proceeding the effective date of the proposed rent
increase computes to be a sum greater than seventy-five (75%)
of the percentage by which the Los Angeles-Long Beach-Anaheim
Area Consumer Price Index for Urban Wage Earners and Clerical
Workers, as reported by the United States Bureau of Labor
Statistics, has increased in the twelve (12) months immediately
preceding the date of the most recently published CPI information.
"If the City Clerk determines that a petition complies
with the requirements of this section, the City Clerk shall
select a date, time and place for a meet-and-confer session
between the tenants' committee and the mobile home park owner.
Whenever possible, the date selected shall be at least ten
(10) days prior to the effective date of the proposed rent
increase. The City Clerk shall, by certified mail, give
notice of the meeting to the chairperson of the tenants'
committee and the mobile home park owner.
Ordinance No. 148
Page 3
"8.10.060 Meet-and-confer session. At the mandatory
meet-and-confer session, the tenants' committee and the mobile
home park owner, or a duly authorized representative, shall
meet for the purpose of exchanging information, opinions and
proposals with respect to the proposed rent increase. The
mobile home park owner shall be prepared to give an explanation
of the necessity for a rent increase in excess of the Consumer
Price Index percentage described in Section 8.10.050C and the
mobile home park owner shall also be prepared to inform the
tenants as to the nature of any substantial improvements
proposed for the mobile home park during the next year, together
with the information that would substantiate the proposed
increase. The parties shall endeavor to reach agreement on
matters within the scope of discussion.
"8.10.070 Appeal. If agreement on the amount of the
proposed rent increase cannot be reached between the tenants'
committee and the mobile home park owner, either party may
appeal to the West End Mediation Board, located in Ontario,
California, for further mediation and conciliation. Notice of
such appeal must be filed with the City Clerk not more than
five (5) days after termination of the mandatory meet-and-
confer session. A notice of appeal will not be received for
filing unless it is accompanied by payment of 1/2 of the fee
established by resolution of the City Council, which said fee
shall be in an amount appropriate to compensate the West End
Mediation Board for the mediation services to be rendered.
The responding party shall pay the other 1/2 of the fee within
10 days.
"8.10.080 Conduct and Mediation. Mediation by the West
End Mediation Board shall be conducted in accordance with
standards of the Federal Mediation and Conciliation Service.
The West End Mediation Board shall prepare a summary of facts
concerning the proposed rent increase in the event the mobile
home park owner and the tenants' committee cannot reach mutual
agreement upon a proposed rent increase. Such summary of
facts presented by the West End Mediation Board shall be
advisory.
"8.10.090 Finality of Decision. The summary of facts
concerning the proposed rent increase prepared by the West End
Mediation Board shall be the final administrative action upon
any petition filed pursuant to this chapter with no provisions
for further appeal. Such findings and recommendations shall
be public records and may be certified by the secretary of the
West End Mediation Board, if any, or by the City Clerk.
"8.10.100 Judicial Relief. Nothing in this chapter
shall be deemed to preclude any mobile home park tenant or
mobile home park owner from seeking and obtaining any appropriate
judicial relief.
"8.10.110 Remedies for failure to attend meet-and-confer
sessions.
"A. If the tenants' committee fails to attend a
scheduled meet-and-confer session or a scheduled mediation
session before the West End Mediation Board, the City Clerk
shall order the petition dismissed and no further proceedings
shall be had thereon.
Ordinance No. 148
Page 4
"B. If the mobile home park owner, or an authorized
representative, fails to attend a scheduled meet-and-confer
session or a scheduled mediation session before the West End
Mediation Board, then the proposed rent increase shall not
become effective until such time as the mobile home park
owner, or an authorized representative, has in fact attended a
rescheduled meet-and-confer session or a rescheduled mediation
session before the West End Mediation Board, as the case may
be.
8.10.120 Rescheduling and continuances.
"A. Rescheduling of meet-and-confer sessions shall
be done by the City Clerk. Rescheduling of mediation sessions
before the [Jest End Mediation Board shall be done by the
secretary of the West End Mediation Board. Any such rescheduled
session shall be held within fourteen (14) calendar days of
the date originally set therefor.
"B. A meet-and-confer session may be continued by
written stipulation of the tenants' committee and the mobile
home park owner or his or her authorized representative and
such stipulation shall be filed with the City Clerk. A hearing
on any appeal to the West End Mediation Board may be continued
in accordance with the rules established by the West End
Mediation Board.".
SECTION 2: TERMINATION: Unless extended by action of the
City Council, this Ordinance shall terminate and have no force and
effect three years after adoption.
SECTION 3: The Mayor shall sign this Ordinance and the Citv
Clerk shall attest to the same, and the City Clerk shall cause the same
to be published within fifteen (15) days after its passage, at least
once in The Daily Report, a newspaper of general circulation, published
in the City of Ontario, California, and circulated in the Citv of Rancho
Cucamonga, California.
APPROVED and ADOPTED this 5th day of August, 1981.
AYES: Frost, Mikels, Bridge, Schlosser
NOES: Palombo
ABSENT: None
-_
Phillip D. Schlosser, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk