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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