"Adjusted monthly rent"
is the monthly space rent for each mobilehome space in Pleasanton
plus, under certain circumstances, the real property taxes (see Section
6.60.040(A)(2) of this chapter), plus the amortized capital improvements
costs, if any, for such space.
"Base rent"
is the adjusted monthly rent: (1) less the amortized capital
improvement costs; and (2) less the operating expenses and the real
property taxes. (For example, if the monthly rent were $525.00 as
of January 1, 2002, the capital improvement costs were $25.00, and
the operating expenses and real property taxes were a total of $150.00
per space (through September 30, 2001), the base rent for 2002 would
be $350.00.)
"Capital improvements"
are any new additions or betterments made to a park such as, but not limited to, a new swimming pool, a new building, a new fence or a new road where one of the same size, function and quality had not existed before. For the purpose of this chapter, rehabilitating or replacing any of the capital improvements, in threshold amounts set forth in Section
6.60.100 of this chapter, shall be treated as capital improvements.
"City manager"
means the city manager of the city of Pleasanton or the manager's
designate.
"Cost of living (COL)"
means the change in the consumer price index for the San
Francisco-Oakland-San Jose metropolitan area (all items index; all
urban consumers) for the 12-month period ending in August each year
as published by the bureau of labor statistics, U.S. department of
labor. If this index shall delete the rental housing index, then a
rental housing index shall be selected by the city manager for inclusion
in computing the appropriate cost of living adjustments.
"Housing services"
means those services provided and associated with the use
or occupancy of a mobilehome space, including, but not limited to,
repairs, insurance, maintenance, replacement, painting, light, heat,
water, laundry facilities and privileges, refuse removal, parking,
recreation facilities, security service and any other benefits, privileges
or facilities.
"Mobilehome park" or "park"
means any area or land within the city of Pleasanton where
two or more mobilehome spaces are rented, or held out for rent, to
accommodate mobilehomes used for human habitation.
"Monthly rent"
is the monthly space rent for each mobilehome space in Pleasanton
before adding, under certain circumstances, the real property taxes
(see Section 6.60.040(B)(2) of this chapter) plus the amortized capital
improvements costs, if any.
"Net operating income"
means the gross income, as defined in Section 6.60.060(B)(2)
of this chapter, less operating expenses and less real property taxes.
"Operating expenses"
means the direct costs of operating a mobilehome park as set forth in subsection
6.60.060B3 of this chapter, other than real property taxes. Operating expenses shall be those expenses paid from October 1st of one year to September 30th of the following year.
"Park owner"
is any owner of a mobilehome park within the city of Pleasanton.
"Prime rate"
means the prime rate for the first business day of the month
in which construction of the capital improvement starts.
"Real property taxes"
are the real property taxes for the mobilehome park (other
than delinquencies, penalties, and interest thereon), paid to the
tax collector of Alameda County between October 1st of one year and
September 30th of the following year or funds deposited between October
1st of one year and September 30th of the following year into an escrow
or impound account for property taxes (other than for delinquencies,
penalties and interest thereon) if such account, in the city's determination,
is one from which, once funds are deposited, the owner cannot withdraw
such funds except for paying real property taxes for the park.
"Service reduction"
means any reduction in housing services which results in
a cost savings to the park owner without a corresponding reduction
in the moneys demanded or paid for space rent.
"Space rent"
means the consideration, including any bonus, benefits, or
gratuity, demanded or received in connection with the use and occupancy
of a mobilehome park or for the transfer of a lease for park space,
services and amenities, subletting and security deposits, but exclusive
of any amounts paid for the use of the mobilehome dwelling unit.
"Transfer of ownership"
means any voluntary or involuntary sale, assignment or transfer
of ownership of a mobilehome or of any interest in the mobilehome,
including, but not limited to, a fee simple interest, a joint tenancy
interest, a life estate, or an interest evidenced by a land contract
by which possession of the mobilehome is transferred and the resident
retains title, but excluding transfers by a living trust, lease, gift,
devise or inheritance to an existing spouse, surviving joint tenant,
or a spouse as part of a dissolution proceeding or in connection with
a marriage.
(Ord. 1843 § 2, 2001; Ord. 1847 § 1, 2002)
For purpose of the calculations in this section, where the term
real property taxes is used, calculate these taxes by dividing such
taxes by 12 and further dividing by the number of mobilehome spaces
within the mobilehome park.
A. Calculations
for Formula A. If there has been a change of ownership (see California
Revenue and Taxation Code Section 60 et seq.) and, regardless of when
the change of ownership has occurred, the real property taxes for
the year (ending September 30th) are more than 105% of the real property
taxes for the prior year (ending September 30th), the real property
taxes shall be calculated as set forth herein. (1) Calculate the difference
between the real property taxes for the year (ending September 30th)
in which the real property taxes increased more than five percent
as a result of a change in ownership and the real property taxes in
the prior year, with such difference divided by four. (For example,
assuming the real property taxes increased in 2003 (ending 9/30) by
more than 105% of the real property taxes in 2002 (ending 9/30) due
to a change of ownership, for calculating the rent for 2004, (1) would
be one-quarter of the difference between the September 30, 2003, and
the September 30, 2002, real property taxes). The remaining dollar
difference calculated in (1) (i.e., three-quarters of the difference)
shall be added over the next three years in equal increments. In those
three years (and assuming no further change of ownership), the real
property taxes shall be calculated as follows: in the first year,
(1) above and (2) the difference between the real property taxes for
the year following the year identified in (1) and the year identified
in (1); in the second year, (1) + (2) above and (3) the difference
in the real property taxes between the second year following the year
identified in (1) and the first year following the year identified
in (1); in the third year, (1) + (2) + (3) above and (4) the difference
in the real property taxes between the third year following the year
identified in (1) and the second year following the year identified
in (1).
This section shall survive the termination of this chapter if
while this chapter is in effect: (1) there has been a change of ownership;
(2) the remaining dollar difference calculated in (1) above has not
been fully recovered as provided in this section; and (3) a new or
revised ordinance providing for the stabilization of mobilehome rents
has not been adopted.
B. Calculations
For Formula B (2003). For calculating the monthly rents for 2003,
if there has been a change of ownership (see California Revenue and
Taxation Code Section 60 et seq.), and, regardless of when the change
in ownership occurred, the real property taxes between October 1,
2001, and September 30, 2002 ("the September 30, 2002, real property
taxes"), are more than 105% of the real property taxes between October
1, 2000, and September 30, 2001 ("the September 30, 2001, real property
taxes"), the real property taxes shall be calculated as follows: add
(1), the September 30, 2001, real property taxes, to (2), the difference
between the September 30, 2001, and the September 30, 2002, real property
taxes; then divide by four. (For example, assuming the real property
taxes increased in 2002 more than 105% of the real property taxes
in 2001 due to a change of ownership, for calculating the rent for
2003, (1) would be the September 30, 2001, real property taxes and
(2) would be one quarter of the difference between the September 30,
2002, and the September 30, 2001, real property taxes.) The remaining
dollar difference (i.e., three-quarters of the difference) between
the September 30, 2001, and the September 30, 2002, real property
taxes shall be added in 2004, 2005 and 2006, in equal increments.
In those three years (and assuming no further change of ownership),
the real property taxes shall be calculated as follows: in 2004, (1)
+ (2) above and (3) the difference between the real property taxes
between October 1, 2002, and September 30, 2003, and the real property
taxes between October 1, 2001, and September 30, 2002; in 2005, (1)
+ (2) + (3) above and (4) the difference in the real property taxes
between October 1, 2003, and September 30, 2004, and the real property
taxes between October 1, 2002, and September 30, 2003; in 2006, (1)
+ (2) + (3) + (4) above and (5) the difference in the real property
taxes between October 1, 2004, and September 30, 2005, and the real
property taxes between October 1, 2003, and September 30, 2004.
C. Calculations
For Formula B (After 2003). After 2003, if there has been a change
of ownership (see California
Revenue and Taxation Code Section 60
et seq.) and, regardless of when the change in ownership occurred,
the real property taxes for the 12 months beginning October 1st of
one year and ending September 30th of the following year are more
than 105% of the real property taxes in the previous twelve months,
the real property taxes shall be calculated as follows: add (1), the
real property taxes for the year (ending September 30th) before the
year the real property taxes increased more than five percent as a
result of the change of ownership, to (2), the difference between
the real property taxes for the year (ending September 30th) that
the real property taxes increased more than five percent as a result
of a change in ownership and the real property taxes in (1); then
divide by four. (For example, assuming the real property taxes increased
in 2004 more than 105% of the real property taxes in 2003 due to a
change of ownership, for calculating the rent for 2005, (1) would
be the real property taxes between October 1, 2002, and September
30, 2003, and (2) would be one-quarter of the difference between the
real property taxes between October 1, 2003, and September 30, 2004,
and the real property taxes between October 1, 2002, and September
30, 2003.) The remaining dollar difference calculated in (2) (i.e.,
three-quarters of the difference) shall be added over the next three
years in equal increments. In those three years (and assuming no further
change of ownership), the real property taxes shall be calculated
as follows: in the first year, (1) + (2) above and (3) the difference
between the real property taxes for the year following the year identified
in (2) and the year identified in (2); in the second year, (1) + (2)
+ (3) above and (4) the difference in the real property taxes between
the second year following the year identified in (2) and the first
year following the year identified in (2); in the third year, (1)
+ (2) + (3) + (4) above and (5) the difference in the real property
taxes between the third year following the year identified in (2)
and the second year following the year identified in (2).
This section shall survive the termination of this chapter if
while this chapter was in effect: (1) there has been a change of ownership;
(2) the remaining dollar difference calculated in (b) above has not
been fully recovered as provided in this section; and (3) a new or
revised ordinance providing for the stabilization of mobilehome rents
has not been adopted.
(Ord. 1843 § 2, 2001)
A. Capital
Improvements; Amortization. If a park owner constructs new capital
improvements, the park owner shall amortize the costs, and shall be
allowed to pass through to the residents the amortized costs, as provided
in this section. In addition, attached as Exhibits C-1, C-2 and C-3
of this chapter are the capital improvements which exist at three
of the parks and their original construction costs. If a park owner
rehabilitates or replaces any existing capital improvements, a park
owner shall amortize (as provided in this section), and shall be allowed
to pass through to the residents, the difference between the original
cost of the capital improvement and the cost to rehabilitate or replace
the capital improvement, unless the useful life of such improvement
has expired. In that case, a park owner shall amortize the entire
cost of the capital improvement, and shall be allowed to pass through
to the residents the amortized cost. Capital improvement costs shall
not be amortized unless as to Vineyard Mobile Villa and/or Hacienda
mobilehome park they exceed $10,000.00 and as to Fairview trailer
park and/or the Pleasanton mobilehome park, they exceed $2,000.00;
provided, however, that if in any one year the park owner of the Vineyard
Mobile Villa and/or the Hacienda mobilehome park constructs two or
more capital improvements, the cost of which each exceeds $5,000.00,
then such costs may be amortized over a three year period. Except
as provided in the previous sentence, capital improvement costs are
to be calculated on an improvement by improvement basis and not collectively,
although costs can be accumulated for the same capital improvement
over a 12-month period. Any costs as to any particular capital improvement
that are under the threshold amounts ($10,000.00/ $2,000.00) shall
not be amortized. Any capital improvement costs that are for maintaining,
replacing or repairing utilities shall not be amortized if the park
owner receives a reimbursement from a utility company for that purpose.
B. Amortization
Periods, Vineyard Mobile Villa and Hacienda Mobilehome Park. For the
Vineyard Mobile Villa and the Hacienda mobilehome park, the capital
improvement amortization periods shall be as follows:
$10,000.00—$14,999.00
|
3 years
|
15,000.00—19,999.00
|
4 years
|
20,000.00—29,999.00
|
5 years
|
30,000.00—39,999.00
|
6 years
|
40,000.00—49,999.00
|
7 years
|
50,000.00+
|
8 years
|
C. Amortization
Periods for Parks with less than 50 Spaces. For any park with less
than 50 spaces, the capital improvement amortization periods shall
be as follows:
$ 2,000.00—$3,499.00
|
2 years
|
3,500.00—5,999.00
|
3 years
|
6,000.00—8,999.00
|
4 years
|
9,000.00—13,999.00
|
5 years
|
14,000.00—19,999.00
|
6 years
|
20,000.00—29,999.00
|
7 years
|
30,000.00+
|
8 years
|
D. Financing
Costs. If the capital improvement costs are amortized, the park owner
may include reasonable financing costs, not to exceed the prime rate
plus two percent, for the capital improvement costs.
E. Removal
of Capital Improvements Costs From Space Rent. Whenever a capital
improvement cost has been amortized and passed through to the residents
in the form of a rent increase on their monthly rent statements, the
owner shall remove this cost as a line item on the monthly rent statements
once the owner has fully recovered such cost.
F. Resident
Approval for Certain Capital Improvement Costs. Capital improvement
costs over $10,000.00 (for Vineyard Mobile Villa and Hacienda mobilehome
park) and over $2,000.00 (for Fairview trailer park and the Pleasanton
mobilehome park), other than capital improvement costs required to
comply with a city, county, state or federal government act or regulation,
shall require the prior approval of the residents in order for the
park owner to amortize and pass through to the residents such costs.
Capital improvement costs to rehabilitate or replace existing capital
improvements (as set forth on Exhibits C-1, C-2 and C-3 of this chapter)
shall not require prior approval of the residents in order for the
park owner to amortize and pass through to the residents such costs
unless such amortized costs in any one year exceed more than two percent
of the lowest monthly rent then in effect to unless such amortized
costs, during the term of this agreement, exceed more than six percent
of the lowest monthly rent then in effect; provided, however, that
as for the Fairview trailer park, such costs may exceed the two percent
and six percent limitations but only if the city has reviewed the
proposed capital improvement to be replaced or rehabilitated and determined
that such capital improvement is necessary for the health and safety
of the residents and that the cost is reasonable. Where "prior approval"
is required the park owner shall put the matter to a vote of the residents
(on the basis of one vote per household) and "prior approval" shall
mean 50 percent plus one of the total number of households that cast
votes. 30 days prior to putting the matter to a vote or, in the case
of a replacement or rehabilitated capital improvement that does not
require a vote, 30 days before incurring the costs for such improvement,
the park owner shall inform the residents of the proposed capital
improvement, its estimated costs, and the estimated increase in monthly
rents and for what length of time the rent would be increased. The
residents may request the city to review the cost estimate of the
proposed capital improvement, whether the capital improvement is new
or to replace/rehabilitate an existing improvement.
G. Information
Statement to Residents. If the notice informing residents of the increase
in rents includes any allocation for capital improvement costs, then
that notice shall also include an itemization of what capital improvements
were made and at what cost.
H. Disputes as to Certain Capital Improvements. Disputes regarding whether a given capital improvement is required by a government act or regulation, such as the duty of the park owner to maintain safe premises, shall be referred to the city manager for resolution. Disputes as to whether the useful life of an existing capital improvement has expired shall be governed by Section
6.60.030 of this chapter.
(Ord. 1843 § 2, 2001; Ord. 1847 § 1, 2002)
Each mobilehome within Vineyard villa and the Hacienda mobilehome
park must have one full time occupant 55 years of age or older.
(Ord. 1843 § 2, 2001)
On January 1st of each year, each park owner within the city
coming under the terms of this chapter shall file with the city manager
a statement setting forth the number of spaces in its park regulated
by this chapter. The city council shall, by resolution, establish
an administrative fee to the park owner to offset the costs to the
city of the regulatory activities provided pursuant to this chapter.
No fee shall be imposed for any space exempted from this chapter pursuant
to
Civil Code Section 798.17. No more than one-half of the per space
charge may be collected by the park owner from the resident of the
space for which the fee is paid.
(Ord. 1843 § 2, 2001)
Nothing in this chapter shall operate to restrict the right
of a resident and a park owner to enter into an agreement in accordance
with California
Civil Code Section 798.17. Pursuant to
Civil Code
Section 798.17(c), the resident and a prospective mobilehome purchaser
shall have the option to reject the offered rental agreement and accept
a rental agreement for a term of 12 months or less, including a month
to month agreement. If a new rental agreement is offered to a prospective
purchaser, the prospective purchaser shall have 30 days from the date
the rental agreement is first offered to review the agreement and
to accept or reject it. A copy of the proposed agreement shall be
provided to the prospective purchaser for this purpose. The prospective
purchaser shall also have the right to rescind the rental agreement
after signing it by notifying the park owner in writing within 72
hours of the execution of the rental agreement.
(Ord. 1843 § 2, 2001; Ord. 1847 § 1, 2002)
As of the effective date hereof, each park owner provides certain
amenities and service levels to the residents. Each park owner shall
not reduce these amenities or service levels without meeting and conferring
with the residents prior to any reduction; provided, however, that
nothing provided herein shall preclude a park owner from billing residents
separately for utility service fees and charges as provided in Civil
Code Section 798.41. The park owner of Vineyard Villa and the Hacienda
mobilehome park shall provide a full time, resident manager who is
available to perform 35 to 40 hours of light maintenance work weekly.
In addition, maintenance standards applicable to Vineyard Villa and
the Hacienda mobilehome park are in Exhibit D of this chapter and
are incorporated herein by reference. As to any park owner who has
chosen formula B, no park owner with 50 or more spaces shall increase
these amenities or service levels such that the expenses relative
thereto increase more than $500.00, or more than five percent over
such expenses for the prior year (ending September 30th), whichever
is less, unless: (a) the increases in expenses above $500.00 (or the
five percent) are not passed on to the residents by a rent increase;
(b) the residents give their prior approval; or (c) the city manager,
after review of the matter, determines that the increased amenities/services
are consistent with comparable parks in the East Bay. As to any park
owner who has chosen formula B, no park owner with less than 50 spaces
shall increase these amenities or service levels such that the expenses
relative thereto increase more than $250.00, or more than five percent
over such expenses for the prior year (ending September 30th), whichever
is less, unless: (a) the increases in expenses above $250.00 (or the
five percent) are not passed on to the residents by a rent increase;
(b) the residents give their prior approval; or (c) the city manager,
after review of the matter, determines that the increased amenities/services
are consistent with comparable parks in the East Bay.
(Ord. 1843 § 2, 2001; Ord. 1847 § 1, 2002)
It shall be the duty of every park owner to provide a copy of
this chapter to each resident who rents or leases a space from the
park owner.
(Ord. 1843 § 2, 2001)
A park owner, resident or the city may bring an action in the
superior court compelling the other party to comply with the terms
of this chapter. Violation of this chapter shall also be a misdemeanor.
(Ord. 1843 § 2, 2001)
This chapter is not intended to substitute itself for any legal
or equitable remedy otherwise available under law to a resident, tenant
or owner of a mobilehome park and should be understood to provide
remedies which are cumulative thereto and otherwise nonexclusive.
(Ord. 1843 § 2, 2001)
There shall be no retaliation against any participant in the
proceedings leading up to this chapter, nor shall there be any retaliation
against any person who exercises rights pursuant to this chapter.
(Ord. 1843 § 2, 2001)
This chapter shall apply to all park owners and mobilehome tenancies
in the city except: (a) those park owners who have a current mobilehome
rent stabilization agreement with the city, and (b) tenancies which
are exempt by state or federal law including, but not limited to,
Civil Code Section 798.17.
(Ord. 1843 § 2, 2001)
If any section or portion of this chapter is found to be invalid,
such findings shall not affect the validity of the remainder of the
chapter, which shall continue in full force and effect.
EXHIBIT A-1 SPACE RENTS 2002.
EXHIBIT A-2 HACIENDA MOBILEHOME PARK.
EXHIBIT A-3 VINEYARD VILLA.
EXHIBIT A-4 PLEASANTON MOBILEHOME PARK.
EXHIBIT B-1 EXAMPLE 1.
EXHIBIT B-2 EXAMPLE 2.
EXHIBIT B-3 EXAMPLE 3.
Exhibit C-1 FAIRVIEW TRAILER PARK CAPITAL IMPROVEMENTS
EXISTING AS OF 1/1/02.
EXHIBIT C-2 HACIENDA MOBILEHOME PARK CAPITAL IMPROVEMENTS
EXISTING AS OF 1/1/02.
EXHIBIT C-3 VINEYARD MOBILE VILLA CAPITAL IMPROVEMENTS
EXISTING AS OF 1/1/02.
EXHIBIT D MAINTENANCE STANDARDS.
(Ord. 1843 § 2, 2001; Ord. 1843, 2001)