HomeMy WebLinkAboutMINUTES - 07251995 - D5 O. BOARD OF SUPERVISORS
-. Contra
FROM: SUPERVISORS JIM ROGERS AND MARK DeSAULNIER
o 5 Costa
County
DATE:
July 20, 1995
sTq cook'
SUBJECT:
OPPOSITION TO INITIATIVE MEASURE ENTITLED "MOBILEHOME RENT
ASSISTANCE, MOBILEHOME RENT CONTROL RESTRICTIONS"
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)3 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to the initiative measure entitled: Mobilehome Rent .
Assistance, Mobilehome Rent Control Restrictions, which has apparently qualified for the
March, 1996 Primary Election ballot.
BACKGROUND:
(
An initiative measure sponsored by Peter H. Adams of Californians for Mobilehome
Fairness has been circulated and has apparently qualified for the March, 1996 Primary
Election Ballot. The initiative would, according to the analysis conducted by the Attorney
General, do all of the following:
1. Require mobilehome park management to administer and provide rent subsidy to
not more than 10% of their tenants under specified circumstances.
2. The circumstances include the following:
❑ The tenant must qualify as a very low income household for Section 8
housing purposes.
❑ The tenant must apply and document that he or she is eligible.
❑ If more than 10% of the mobilehome spaces in the park are already rent
controlled, the owner is exempt from these provisions.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
JIM R ERS MAAR eSAU ER
SIGNATURE (S):
ACTION OF BOARD 04 25, 1 E. APPROVED AS RECOMMENDED OTHER
• o
VOTE OF SUPERVISORS
// 1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED- .0,5- 9
County Administrator PHIL aTCHELfR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
Mobile Home Advisory Committee (Via CDD) BY CA DEPUTY
M382 (10/88)
1/
-2-
3. Invalidate existing state mobilehome rent control laws.
4. Prohibit new state mobilehome rent control laws.
5. Prohibit new local mobilehome rent control laws.
6. Limit existing local mobilehome rent control laws, as follows:
❑ Prohibit any existing local mobilehome rent control law from requiring a
reduction in rent.
❑ Prohibit any existing local mobilehome rent control law from limiting rent
increases to less than 100% of increases in CPI.
❑ Prohibit any existing local mobilehome rent control law from being amended
to apply to any mobilehome spaces not already subject to rent control.
❑ Prohibit any local jurisdiction from requiring that a mobilehome park owner
attend any hearing or submit any information to the jurisdiction as long as
management limits rent increases to 100% of the increase in the CPI.
❑ Prohibit any local jurisdiction from imposing any restriction on the amount of
rent which can be charged for an "exempt space", defined to mean a space
which is vacant as of the date the measure becomes effective or a space
which is not subject to rent control because of a lease or rental agreement.
❑ Prohibit any local jurisdiction from imposing any restrictions on the amount
of rent which can be charged for a space once any of the following events
occur:
✓ The park is sold or transferred or other change in ownership,
✓ The current tenant vacates the space for any reason,
✓ Any sub-lease of the mobilehome or space to another party.
7. Specify that the state and local governments have no responsibility for the rental
assistance program implemented by the initiative. The only appeal provided for in
case of a dispute is court action in the appropriate municipal court, with the
possibility of an appeal to the appellate department of the appropriate superior
court.
The initiative would, if approved by the voters, substantially gut the mobilehome ordinance
which our County has just spent more than a year developing. For these reasons, we
believe that it is essential for the Board of Supervisors to oppose this initiative and urge
the voters to vote "NO" on it.
Date: January 27, 1994
File No: SA93RF0042
The Attorney General of California has prepared the following title and summary of
the chief purpose and points of the proposed measure:
MOBILEHOME RENT ASSISTANCE. MOBILEHOME RENT CONTROL
RESTRICTIONS. INITIATIVE STATUTE. Requires mobilehome park management
to administer and provide rent subsidy equal to ten percent discount on monthly rent
to tenants meeting residency and income requirements, when ten percent or Iess of
occupied spaces are covered by rent control or rent subsidy. Establishes priorities for,
and conditions for losing, rent subsidy. Invalidates existing, and prohibits new, state
mobilehome rent control laws. Limits existing, and prohibits new, local mobilehome
rent control laws. Prohibits such laws from requiring reductions in rent and limiting
increases in rent to less than specified cost of living index. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: No impact on state costs or revenues. In the near term, cities and
counties may experience increased costs which are unknown, but are not likely to total
more than millions of dollars annually. In the long term, local agencies would
experience savings in the range of millions to tens of millions of dollars annually.
5493 RPC04 .2,
4mdt.#I
BELL, MCANDREWS & FIILTAC11K
ATTORNEY'S AND COUNSELORS AT LAW
555 CAPITOL MALL. SUITE 530
SACRAMENTO. CALIFORNIA 9581.4
(9161 442-7757
CMARLES H. BELL. JR_ FAX (916) 442-7759 1-1 FOUNT.. STREET
COLLEEN C MCANDREWS SANTA MONICA. CA 9OA01
T.IOMAS W. MILTACMK (31011 -558-1x05
,��c E vle6
December 17, 1993
CC`:DINATO"
BY PERSONAL DELIVERY AND FACSIMILE:PERSONAL DELIVERY AND FACSIMILE(916)324-8835 ti .NEYG•_R.1C^P.!'SQFf..
The Honorable Daniel E. Lungren
Attorney General of California
1515 K Street, Suite 511
Sacramento, CA 95814
Attn: Kathleen F. DaRosa, Initiative Coordinator
Re: Proposed Initiative
Your File No. SA 93 RF 0042
Dear Ms. DaRosa:
Pursuant to our telephone discussion, the version of the
above referenced initiative measure submitted under my letter of
December 161 1993 contains a phrase (at subparagraph (b) (3) of
Section 2, Findings and Declarations of Purpose) which is
inconsistent with the provisions of Section 6 of the measure
relative to amendment of the measure.
For this reason, on behalf of Proponent Peter H. Adams, the
version submitted on December 16, 1993 is withdrawn. In its
place, 'I have substituted a version which is identical except
that the last clause of subdivision (b) (3) of Section 2 of the
Findings and Declarations of Purpose (11. . . , except upon a
subsequent vote of the California electorate occurring after the
effective date of this Measure. ")
If you have any further questions, please feel free to
contact me. .
Very ,truly yours,
Charles H. Bell, Jr. "—
CHB/man
1134. 01
Enclosures
s,4 9.3.Pf=ooy2,
AN INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following title and summary of
the chief purpose and points of the proposed measure:
(Here set forth the title and summary prepared by the Attorney General. This title
and summary must also be printed across the top of each page of the petition whereon
signatures are to appear.)
To the Honorable Secretary of State of California:
We, the undersigned, registered, qualified voters of California, residents of
County (or City and County), hereby propose amendments to the California
Civil Code, relating to establishment of a rental assistance subsidy for qualified poor and
needy mobilehome park tenants, limitations on mobilehome park rent control in lieu
thereof, and prohibitions of enactment of mobilehome rent control measures by the State
and by local charter and general law cities and counties, and petition the Secretary of
State to submit the same to the voters of California for their adoption or rejection at the
next succeeding general election. The proposed statutory amendments (full title and text
of the measure) read as follows:
SECTION 1: TITLE
This Measure shall be known and may be cited as The Mobilehome Fairness and
Rental Assistance Acta
SECTION 2:. ' FINDINGS AND DECLARATIONS OF PURPOSE
(a) The People of the State of California find and declare as follows:
(1) Some tenants of mobilehome spaces in mobilehome parks in California
are poor and needy and are urgently in need of rental assistance, without delays, expense
or red tape which state and local government usually requires for the administration of
rental assistance programs; and
(2) Over 80 local governments are spending millions of dollars annually.,
administering and enforcing mobilehome park rent controls for the exclusive benefit of
owners of mobilehomes which comprise approximately only 5-percent of California's
housing units with unrestricted controls that are generally not means tested to the poor, so
that mobilehome owners in mobilehomes with an average value of $40,000 to $50,000
obtain unfair price controls in rent controlled areas at the expense of small
business-parkowners and all the citizens of California; and
(3)` These unrestricted controls jeopardize the existence of affordable
mobilehome park housing for all Californians and jeopardize continued employment and
small business-parkowners' existence in California; and
(4) Requiring the provision of direct rental assistance subsidies by requiring
mobilehome park owners to provide specified reduced rents for the poor, together with the
limitations on most restrictive features of rent limitations which have adversely affected
the availability and supply of such affordable mobile home housing, is necessary to assure
the continued availability of affordable mobile home housing to the poor; and
(5) The limitation of the rental assistance subsidy provided in this Measure
to not more than ten-percent of the spaces in a single mobilehome park will provide a
reasonable amount of assistance to needy mobilehome park tenants, without unduly
burdening the property interests of the mobilehome park owner.
(b) It is therefore the intent of the People of the State of California in enacting this
Measure to do all of the following as a matter of statewide concern:
(1) Require owners of mobilehome parks to grant directly, without
governmental administration, rental assistance subsidies to not more than ten-percent of
their mobilehome space tenants.
(2) Require local governments to minimize their.mobilehome park rent control
measures by allowing annual rent increases equal to the cost of living and require local
governments to phase out rent control administration, on a space by space basis, upon the
sale, transfer or sublease of any mobilehome.
(3) Prohibit enactment of any new mobilehome park rent control or rent
stabilization law by any local government or by the State of California.
(c) This Measure is not intended, nor shall it be construed, to deprive any
mobilehome owner, tenant or mobilehome park owner of any constitutional rights.
SECTION 3: AMENDMENT OF CHAPTER 1 OF DIVISION 2 OF CALIFORNIA CIVIL CODE:
DEFINITIONS
Chapter 1 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows
by adding new Section.798.13, as follows:
798.13 As used in this part, the following terms.have the following meanings:
(a) "Tenant" means a homeowner as defined in.Section 79.8;9 of this.Chapter.. . .
(b) "Qualified Tenant" means any tenant who, as of the date of application, and
during any period while receiving a rental assistance subsidy, satisfies all of the following
requirements:
(1) The tenant resides in'a mobilehome.park in the, State of California; and
(2) The tenant is a very low_income household, as defined in section 50105
of the California Health and Safety Code; and
(3) The tenant is not delinquent with any rental payments, has established a
legal residency in a mobilehome,.and owns and occupies such.mobilehome as.the tenant's
principal place of residence; and
2
(4) The tenant, including all other residents regularly residing in the
mobilehome, is in compliance with all rules and regulations of the mobilehome park and the
tenant's rental agreement; and
(5) The tenant is not receiving any Federal, State or local housing
assistance, including but not limited to assistance under Chapter 8 (commencing with
section 1404a) of Title 42, United States Code; The Housing and Community Development
Act of 1974 (Public Law 93-383); Chapter 45 (commencing with section 3601) of Title
42, United State Code; or any other governmental housing assistance program
administered by the Department of Housing and Urban Development or as provided by
other state or federal laws or programs.
(c) "Rental assistance subsidy" as used in Article 4.4 of this part means a ten-
percent discount from the monthly rent charged for the mobilehome space occupied by
one or more qualified tenants, as established by mobilehome park management (the
pre-subsidy monthly rent level). The pre-subsidy monthly rent level of a qualified tenant
who is receiving or is entitled to receive, a rental assistance subsidy, may be increased and
shall be decreased, as appropriate, from time to time, so that the pre-subsidy monthly rent
level shall not, at any time, exceed the average monthly rent level charged for all spaces in
the mobilehome park then occupied with mobilehomes.
Only one rental assistance subsidy shall apply to any mobilehome space
regardless of how many qualified tenants who reside in a mobilehome space, so that no
mobilehome space shall be entitled to more than one ten-percent discount from the
pre-subsidy monthly rent level.
(d) "Exempt space" as used in Article 4.5 of this part means (i) any space in a
mobilehome park which is not occupied by a mobilehome as of the effective date of this
Measure, or (ii) any space which is; as of the effective date of this-Measure, exempt from
a mobilehome, park rent control law as a result of any lease or rental agreement covering
such space including, without limitation, a rental agreement described in section 798.17 of
this Chapter.
I
(e) 'Wobilehome park rent control" as used in,Articles 4.4 and 4.5 of this part
means any ordinance, rule, regulation; or initiative measure, adopted by any city, county or
city and county, which establishes,a maximum amount that the management of a
mobilehome park may charge any tenant or resident for rent.
(f) "Decontrolling event" as used in Article 4.5 of this part means, with respect to
any space in a mobilehome park covered by a mobilehome park.rent control law as of the
effective date of this Measure; the occurrence of any of the following events after the
effective date of this Measure: (i) Any sale, transfer (by foreclosure, operation of law or
otherwise), or. other change in ownership of the mobilehome (as defined in Section 798.3
of this Chapter);Aii) Any termination of the tenancy of the persons who are tenants in such
space by eviction, voluntary vacancy or otherwise; or (iii) Any sub-lease by the tenant to a
third party of the mobilehome or space after the effective date of this Measure-, provided
nothing contained herein is intended .to authorize any such sub-lease of the mobilehome or
space. Notwithstanding the provisions of subdivisions (i), (ii), and (iii) herein, no
decontrolling event shall be deemed to have occurred upon any transfer of ownership of a
mobilehome to the conservator, guardian or trustee of a homeowner or to a homeowner's
3
trust (provided that the beneficiaries entitled to ownership of the mobilehome are members
of the homeowner's immediate family), or to a surviving spouse upon the death of the
other spouse, or to a spouse or the parent(s) or children of a homeowner.
(g) "Subsidized rental charge" means the amount of rent chargeable to the qualified
tenant under this Measure, after deducting the rental assistance subsidy from the rent
otherwise lawfully chargeable to the tenant.
SECTION 4: AMENDMENT OF CHAPTER 2.5 OF DIVISION 2 OF THE CALIFORNIA CIVIL
CODE
Chapter 2.5 of Part 2 of Division 2 of the California Civil Code is hereby amended as
follows by adding a new Article 4.4, as follows:
Article 4.4 Tenant Rental Assistance
798:44.1 Any qualified tenant may apply for and if accepted, shall receive, directly from
the management of a mobilehome park in which such tenant resides, a rental assistance
subsidy subject to the terms and conditions provided for in this Article.
798.44.2 The provision of the rental assistance subsidy shall be the sole responsibility
and obligation of each management of a mobilehome park and neither the State of
California nor any governmental agency shall have any responsibility therefor or exercise
any authority in connection therewith, except as provided in Section 798.44.6 of this
Article. _
798.44.3 (a) Each tenant seeking to obtain a rental assistance subsidy shall provide the
management with an application, together with competent-evidence of facts, to prove'the
tenant is a'qualified tenant. .This application and evidence may be submitted at any time
during any calendar year up to December 15 for consideration of -the rental assistance
subsidy for the ensuing calendar year commencing January 1. The evidence
accompanying,the application shall consist of ownership and residency in the mobilehome
and such income and other information as is customarily required by the governmental
agency administering -the housing assistance benefits for Very Low Income persons under
Section 8 of the United States Housing Act of 1937 (42 U.S.C. 'sec. 1437) and such other
evidence as is reasonably required. However, no mobilehome park management shall
make this application process more burdensome to the.tenant than would be the case if
the tenant were applying for housing assistance benefits for Very Low Income persons
under Section 8 of the United,States Housing Act of 1937 (42 U.S.C. sec. 1437).
(b) Each mobilehome park-management shall, promptly upon receipt of such
application and evidence specified in paragraph (a), evaluate the same and reply to such
tenant with :notice within 10 working days. The reply:shall indicate either (1) acceptance,
in which_case the amount of the rental assistance subsidy andAhe pre-subsidy monthly
rent level shall then be stated;:or (2) rejection, in which case the basis for such rejection
shall also be stated. Once a qualified tenant has received a rental assistance subsidy
during any .part.of, a calendar year, the rental assistance subsidy shall continueuntil
December 31 of that year, subject to early termination as provided in this Article.
4
798.44.4 Notwithstanding any other provision of this Article to the contrary:
(a) (1) In any jurisdiction in which mobilehome park rent control is in effect, the
management of a mobilehome park shall be exempt from the rental assistance subsidy
provisions of this Article if, and as long as, more than ten-percent of the spaces occupied
by mobilehomes in such mobilehome park are covered by any form of mobilehome park
rent control.
(2) In any jurisdiction in which mobilehome park rent control is in effect, if at
any time fewer than ten-percent of the spaces occupied by mobilehomes in a mobilehome
park are covered by any form of mobilehome park rent control, the management of a
mobilehome park shall be subject to the provisions of this Article and shall be required to
provide rental assistance subsidy to a qualified tenant; provided, however, that the
management of the mobilehome park shall not be required to provide such rental
assistance subsidy if granting the subsidy would result in more than ten-percent of the
spaces in the mobilehome park being covered either by any form of mobilehome park rent
control or by the rental assistance subsidy provided by this Article. The priority for
granting rental assistance subsidy shall be governed by subdivision (c) of this section
798.44.4.
(b) In any jurisdiction in which there is no form of mobilehome park rent control in
effect, the management of a mobilehome park shall be required to provide the rental
assistance subsidy provided by this Article to qualified tenants representing not more than
ten-percent of the spaces then occupied by mobilehomes in such mobilehome park. The
priority for granting rental assistance subsidy shall be governed by subdivision (c) of this
section 798.44.4.
(c) (1) In circumstances in which subdivision (a)(2) or subdivision.(b) of this
section apply, the management of a mobilehome park shall be required to grant the rental
assistance subsidy provided for in this Article to those qualified.tenants who are first in
time to have been granted a rental assistance subsidy by the management of the
mobilehome park.
(2) 'In determining the number of qualified tenants to which the management
of a mobilehome park shall be required to provide rental assistance under subdivision
(a)(2), the management of the mobilehome park shall determine the number of qualified
tenants which represent spaces entitled to the rental subsidy, by subtracting the number
of spaces then subject to some form of mobilehome park rent control from the number
representing ten-percent of the total number of spaces then occupied by mobilehomes in
the mobilehome park.
798.44.5 (a) Any qualified tenant receiving a rental assistance subsidy shall lose the right
to such rental assistance subsidy upon the occurrence of any of the following events:
(1) The tenant fails to pay the monthly rent in accordance with the rental
agreement (as reduced by the rental assistance subsidy) within five days of its due date;
or
(2) The tenant no longer meets the criteria for a qualified tenant for any
reason.
5
(b) The mobilehome park management may, upon 10 days' written notice to the
tenant, terminate the tenant's rental assistance subsidy for a reason specified in
paragraphs (1) or (2) of subdivision (a).
(c) A tenant whose rental assistance subsidy has been terminated pursuant to
subdivision (b) may not reapply for rental assistance subsidy for El period of 12 months
thereafter.
(d) For purposes of the ten-percent limitation set forth in section 798.44.4, a rental
assistance subsidy terminated pursuant to subdivision (b) shall be deemed to have been
terminated on the last day of the calendar year.
798.44.6. Any qualified tenant aggrieved or damaged by any substantial violation of this
Article may petition the municipal court of the judicial district in which the mobilehome
park is located .for a judicial determination of his or her rights under this Article. An
aggrieved tenant prevailing in such an action shall be entitled to (a) actual damages
consisting of the amount of rental assistance subsidy lost due to -the violation and (b)
reasonable attorneys fees and costs. A tenant aggrieved by a violation of this Article shall
also be entitled to seek injunctive relief, and any other equitable remedies available under
section 526 of the Code of Civil Procedure.
A judgment of the municipal court shall be reviewable by the appellate department
of the superior court of the county in which the action arose.
798.44.7. (a) A mobilehome park's management shall not terminate the tenancy of any
tenant, or attempt to do so, or retaliate against any tenant, or attempt to do so, as a
proximate result of a request by that tenant for a rental assistance subsidy or the exercise
of any rights relating thereto as provided in this Article.
(b) Any demand by'a mobilehome park's management for rent in excess of the
subsidized rental charge from any qualified tenant whose application for a rental assistance
subsidy is approved for the calendar year or whose application was denied or rejected in
violation of this Article shall constitute a defense to any action brought by the mobilehome
park management for (1) the excess rent over the subsidized rental charge.or (2) eviction
of the qualified tenant from the mobilehome park for non-payment of that excess rent.
However, this subdivision does not apply if enforcement of the subsidized rental charge
would violate any constitutional right of the owner of the mobilehome park to a fair rate of
return.
SECTION 5: AMENDMENT OF ARTICLE 4.5 OF PART 2 OF DIVISION 2 OF THE
CALIFORNIA CIVIL CODE
Article 4.5 of Part 2 of Division 2 of the California Civil Code is amended to add the
following new Sections 798.46.1, 798.46.2, and 798.46.3 as follows:
798.46.1 On or after the effective date of this Measure, no city, county, or city and
county, shall, (a) enact any new mobilehome park rent control law or (b) amend or modify
any existing mobilehome park rent control law to apply its restriction on maximum rents to
any space in a mobilehome park which is not, on the effective date of this Measure, by
6
reason of a long term lease or otherwise, subject to rent restrictions under the mobilehome
park rent control law.
798.46.2 Every mobilehome park rent control law in effect as of the effective date of
this Measure shall be subject to the following provisions:
(a) On or after January 1 of the year following the effective date of this Measure,
no mobilehome park rent control law may, with respect to the rent which a mobilehome
park management may charge for a space within such park, either (i) require that the rent
for such space ever be reduced from that lawfully charged before the effective date of this
Measure or as of any subsequent date, or (ii) limit any annual rent increase to an amount
which is less than the full annual cost of living increase, as measured by the change in
such cost of living from the 12-month period ending in the calendar month preceding the
date in which a notice of rent increase is given by the mobilehome park management at
any time, and from time to time, after the effective date of this Measure.
For purposes of this paragraph, the cost of living shall be determined using
the California Consumer Price Index ("CCPI"), as published by the Department of Industrial
Relations for all items and all urban consumers, and this index for the 1982-1984 period
shall be computed as 100.
(b) No jurisdiction administering any mobilehome park rent control law shall require
the management of a mobilehome park to attend any hearing or submit any information to
such jurisdiction so long as management limits the rental increases for any space affected
by such mobilehome park rent control law to the full annual CCPI increase as provided in
subdivision (a) of this section. i
(c) On or after the effective date,of this Measure, no mobilehome park rent control
law shall impose any restriction whatsoever on the amount of rent that the management of
a mobilehome park may.charge for a mobilehome space within such park upon or after a
decontrolling event, as defined in Section 798.13 (f).
(d) On or after the effective date of this Measure, no mobilehome park rent control
law shall impose any restriction whatsoever on the amount of rent that the management of
a mobilehome park may charge for a space within such park which is an exempt space, as
defined in Section-798.13 (d). All exempt spaces shall be, for all purposes on or after the
effective date of this Measure, exempt from any and all mobilehome park rent control
laws.
798.46.3 The State of California shall enact no statute restricting, or authorizing the
restriction of, the maximum amount of rent that the management of a mobilehome park
may charge for a space in a mobilehome park. Any statute having that effect and enacted
before or after the effective date of this Measure shall be void and unenforceable.
SECTION 6: AMENDMENT OR REPEAL OF MEASURE
The provisions of this Measure may be amended or repealed by the procedures set
forth in this section. If any portion of subdivision (a) is declared invalid, then subdivision
(b) shall be the exclusive means of amending or repealing this title.
7
(a) The provisions of this Measure may be amended to fu►Lner its purposes by
statute, passed in each house by rollcall vote entered in the journal,, two-thirds of the
membership concurring and signed by the Governor.
(b) The provisions of this Measure may be amended or repealed by a statute that
becomes effective only when approved by the electors.
SECTION 7: EFFECTIVE DATE
The effective date of this Measure shall be the day after the election at which it is
approved by the voters.
SECTION 8: CONSTRUCTION OF MEASURE
The Measure shall be liberally construed to achieve the purposes of this Measure
and to preserve its validity.
SECTION 9: SEVERABILITY
If any provision of this Measure, or the application to any person or circumstances
is held invalid or void, such invalidity or voidness shall not affect other provisions or
applications which can be given effect without the invalid or void provision or application,
and to this end, all of the provisions of this Measure are declared to be severable.
SECTION 10: ELECTORS' INTENTION IN THE EVENT OF PASSAGE OF POSSIBLE
CONFLICTING MEASURES
In the event another Measure to be voted on by the voters at the same election as
this Measure, and which constitutes a comprehensive regulatory scheme, receives more
affirmative votes than this Measure, the electors intend that any provision or provisions of
this Measure not in direct and apparent conflict with any provision or provisions of another
Measure, shall not be deemed to be in conflict therewith, and shall be severed from any
other provision or provisions of this Measure which are in direct and apparent conflict with
the provision(s) of another Measure. In such event, the provisions :shall be severed
according to the provisions of Section 9 of this Measure upon application to any court of
competent jurisdiction.
8