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MINUTES - 10251994 - 2.4
2.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 25, 1994 , by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Status Report from County Counsel on mobile home issues. The Board had before it this day two reports from County Counsel dated October 24, 1994, one entitled " Status Report and Draft Mobile home Space Rent Control Ordinance," and the other "Report on the Mobilehome Park Accord Agreement and Standard Form Mobilehome Park Lease." County Counsel reviewed the provisions of each draft and suggested that after hearing testimony today, that the Board refer these documents to the Task Force and to other involved staffs, including County Counsel's office for further work and refinement and report back. Supervisor DeSaulnier commented that the purpose of this meeting was to get a status report and for the full Board to give further direction. County Administrator advised that this a status report before the Board today, and that the legal side is the first phase, and an additional items that have been referred will be brought back later. Supervisor Bishop commented that it appeared that all the Supervisorial Districts have appointees to the Task Force except her District, and that while she did not have any mobile home parks in her District, she may have mobile home park owners, and that she would be very interested in having the authority to have a representative. Chairman Powers expressed his appreciation to members of the audience who filled in their cards and put in comments, but have selected not to speak. He then called upon those who wished to speak and the following appeared and gave testimony: Ray Tomlin, 277 Sudan Loop, Pacheco, representing COCOMOA, Joe Schneider, 137 Algiers Way, Pacheco, representing the Sun Valley Mobile Home Park, the Task Force, CCC Mobile Home Association and COCOMOA, Bill Rickard, 710 Treasure Drive, Pittsburg, Doug Platt,.Bethel Island, Wilbert E. Cossel, 167111 Marsh Creek Road, #134, Jesse D. Rose, 205 Aria Drive, Pacheco, Paul Stewart, 3333 Vincent Road, #220, Pleasant Hill, representing the Rental Housing Association Stan Hanson, 1201 Monument Boulevard, #33, Concord, Park Owner and member of the Mobilehome Task Force Board members further discussed the matter and the testimony just received. As recommended by Supervisor DeSaulnier, IT IS BY THE BOARD ORDERED that the Status Reports are ACCEPTED, the matter is REFERRED back to County Counsel, the Community Development Department, County Administrator and the Special Mobilehome Task Force and the.Board REQUESTS the Task Force to meet as soon as possible and the County Administrator to begin work on cost analysis on the various options. I hereby Certify MI this is u true and correct copy of an action taken and entered on tho minutes of the Board offSplupe vi o t date shown. p Q�./' ATTESTED:—ED: �J i s /T_1 Y PHIL BATCHELOR,Oerk of the Board of Supervisors and County Administrator �►.a.� cc: County Counsel County Administrator Community Development Task Force via CDD c2s ORIGIN �� � COUNTY CONTRAOCOS�A COUO�F/CE .000000090 MARTINEZ, CALIFORNIA Date: October 24, 1994 To: Board of Supervisors From: Victor J. Westman, County Counsel Re: Mobilehome Park Accord Agreement and Standard Form Mobilehome Park Lease On September 20, 1994 the Board of Supervisors directed the Special Mobilehome Task Force and County Counsel to prepare a rent stabilization draft ordinance and/or accord agreement and to report in October on the status of the formulation of the ordinance and/or accord agreement documents. By separate memorandum and attachment thereto, you will receive the current draft of a rent stabilization ordinance prepared generally as recommended by the Special Mobilehome Park Task Force. Attached to this memorandum are revised copies of a San Diego County adopted Accord Agreement and Standard Mobilehome Park Lease documents provided to this office by the Special Mobilehome' Task Force. These revised documents are before you for your initial consideration, possible referral to other related County staff (Community Development Department and County Administrator's Office) and the Task Force for their reports and suggestions, and your further consideration concerning approval and use of the Accord and lease procedure. Assuming this office has been correctly advised, earlier this year, San Diego County (by ordinance) adopted an accord agreement and lease program in lieu of adopting a mobilehome park rent control regulatory ordinance. Under the accord program, a mobilehome park owner who agrees with the County as to level of rents that can be charged for a specified period (15 years in San Diego) and other circumstances of the park owner-tenant space relationship, will be exempted from any rent control regulatory measures adopted by the County during the specified period. If a mobilehome park owner enters the accord agreement with the County, the owner must comply with terms of the accord agreement and use the Standard Form Mobilehome Park lease with involved tenants for the specified period. Concerning the revised versions of the attached Accord and Standard Form Space Lease documents, the following comments are provided for consideration: A. STANDARD MOBILEHOME PARK ACCORD AGREEMENT. 1. Section 2. Consideration. In this section of the attached Accord Agreement the County would agree with the involved mobilehome park owner that the Board of Supervisors will not adopt any law or regulation imposing rent control Board of Supervisors 2 October 24, 1994 during the term of the Accord agreement. Presumably the parties entering such an accord agreement understand that there is a yet to be definitively answered legal concern as to the extent to which the County may bargain away the future exercise of its police power for some defined period of time. 2. Section 3. Duration. The San Diego County adopted Accord Agreement uses a term of 15 years from the date any particular accord agreement is reached between that County and an involved mobilehome park owner. Your Special Task Force apparently believes some further specific consideration should be given to exactly what period of duration should be specified in the model Accord agreement if it is to be adopted for use in Contra Costa County. 3. Section 5. Form of Lease. In this section of the attached Accord, a date must be specified by which (after County adoption of the Accord program) any tenant leases entered will be charged the rate fixed on an earlier defined date. In San Diego the base date selected for rent stabilization was September 15, 1993 for tenant leases entered within 60 days after July 15, 1994. At some point, if .a decision is made to proceed with this Accord concept, you may wish to give consideration to utilizing the effective date of the interim moratorium ordinance (September 20, 1994) as the "initial offer" of rent rates for interested tenants in effect on that date. 4. Section 6. Rental Assistance. This revised section would provide for owner participation with a Section 8 Rental Assistance Program only if the Director of Community Development subsequently determines in writing (with notice to the involved owner) that appropriate Section 8 funding is available and justifies making this section 6 and its rental assistance applicable for space tenants. It should be noted later in this section 6 that should any dispute arise concerning the implementation of this rental assistance program between an involved owner and his space resident, the dispute could be appealed to the County' s zoning administrator for a final decision. 5. Section 7. Relocation Assistance. As with section 6, this section 7 would not become operative and have any application unless and until the Community Development Director (with the Board of Supervisors' concurrence) determined that circumstances exist in the unincorporated area requiring the provision of relocation assistance for Section 8 and certain other defined lower income mobilehome park residents. 6. Section 9. Mobilehome Park Registration. In the next to the last sentence of this section 9, it is provided that the "County shall not charge Owner any fee in connection" with the implementation of the provisions of the Accord agreement. A policy decision should be made (if it is determined to proceed with this Accord concept) whether the County will make provision for charging for its services or whether the cost of those services will be borne by the County. The Community Development Department should provide its recommendation on this point when appropriate. 7. Section 10. Default, Breach or Termination. In the second paragraph of this section in the San Diego County approved Accord Agreement, it is provided that a trade association (the Park Industrial Association) in San Diego of mobilehome park owners agrees to indemnify and defend the County against any ►i Board of Supervisors 3 October 24, 1994 lawsuits concerning the entering of these Accord agreements. Since this office is not presently aware of any comparable organization in Contra Costa County who can legally make such a commitment and secure it with ongoing insurance coverage, we have revised the agreement to specify that the involved mobilehome park owner so agrees to indemnify and defend the County and its employees. 8. Section 11. Definitions. (a) Subparagraph F "Initial Officer". In a number of places in the agreement (including here) if it is determined to proceed with this Accord concept, a date or dates must be selected and inserted here and earlier in the agreement as appropriate. (b) Subsection I . "Mobilehome". As requested by the Special Mobilehome Task Force, we have attempted by revision to strike from the San Diego Accord Agreement any application of the Accord to recreational vehicles. If any further information is desired concerning the reason for this revision, we suggest clarification be provided by the Special Task Force. (c) Subsection J. "Mobilehome Park". In this definition of mobilehome park the phrase "parks of primary transit occupancy will not be included" appears as an exception to the definition. This office has no particular knowledge of what "parks of primary transit occupancy" may be. (d) Subsection Q. "Representative Mobilehome Park Owners' Organization RMPO ". Here we have added the definition that the private organization of mobilehome park owners for the purposes of this ordinance will be that organization subsequently designated and approved by the County' s Board of Supervisors. Such designation could be made after County staffs and the Board are satisfied there is an appropriate trade organization identified who is agreeable to assuming the Accord' s responsibilities for that group. B. CONTRA COSTA COUNTY'S STANDARD MOBILEHOME PARK SPACE LEASE. 1. Section 2. "Definitions", subsection 2.8 "Physical Improvements in the Common Facilities" . The Special Mobilehome Task Force expressed a view that this portion of the model lease requires some definition of "an objective standard as opposed to a subjective standard" . This office does not understand exactly what the comment is intended to convey since the lease to be completed would require the listing of specific public improvements to be considered part of "common facilities" for the particular involved mobilehome park. Perhaps, some sort of guideline should be developed as to what those particular physical types of improvements may be to assist an owner and the resident involved with completing their lease. If something otherwise is intended by the Task Force, it should provide clarification. Similarly, concerning subsection 2.9, there may be some need to assist the park owner and involved resident with detailing of what might be the services that could be specified for the involved mobilehome park for the purposes of subsection 2.9 of the model space lease. 2. Section 4.1.5. "New Park Facilities" . In subsection (c) of this section it is specified that a park owner must obtain the advanced written consent of 70% Board of Supervisors 4 October 24, 1994 of the tenants in the park before the initiation of certain discretionary new park construction. If it has not already been done, some consideration should be given as to whether 70% is an appropriate percentage of tenants for the purposes of this type of agreement provision. 3. Section 19. "Hold-Over Tenancy". The Special Task Force had some concern as to whether this clause is entirely consistent with State law. For that reason, we have prefaced the applicability of this section 19 so that its provisions will only be applicable to the extent that they are allowed by State law. It has been assumed that the Special Task Force otherwise intends that the provisions of this section 19 shall be applicable to the extent allowed by law. 4. Bold Face Type at the end of the substantive provisions of the From Lease Agreement. The Special Task Force has indicated that some consideration should be given to moving the bold face type provisions specified at the end of the model lease agreement to the front of the lease agreement. Based upon our cursory review, we believe that these provisions should be left in their current placement at the end lease form just before the owner and tenant's signatures. 5. Model Lease Exhibit "B" - Income Computation. Should it be determined to proceed further with this Accord and model tenant lease concept, the Community Development Department should recommend tenant gross income maximums to be inserted in subsection A of Part III of this exhibit. C. SAN DIEGO COUNTY ACCORD ORDINANCE. Finally, attached for your information is a draft copy of the "Standard Mobilehome Park Accord" ordinance adopted by San Diego County. Should Contra Costa County decide to further consider adoption of the Accord concept the draft ordinance can be adapted for this County' s use. VJW:df cc: Tony Enea, County Administrator' s Office James Kennedy and Kathleen Hamm, Community Development Dept. vjw-mem-1: mob-hm.mem EXHIBIT "A" CONTRA COSTA COUNTY STANDARD MOBILEHOME PARK SPACE LEASE lease.cov TABLE OF CONTENTS 1. Rent Control Exemption . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Agreement to Lease Space . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Responsibility for Maintenance . . . . . . . . . . . . . . . . . . . . . 8 7. Homeowner(s) ' Duty to Report Defects . . . . . . . . . . . . . . . . . . 10 8. Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9. Maintenance of the Space . . . . . . . . . . . . . . . . . . . . . . . . 12 10. Guests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11. Seniors May Have In- Home Care Providers . . . . . . . . . . . . . . . 12 12. Use of Mobi lehome and Space . . . . . . . . . . . . . . . . . . . . . . 13 13. Abandonment of the Space . . . . . . . . . . . . . . . . . . . . . . . 13 14. Sale of the Homeowner(s) ' Mobilehome . . . . . . . . . . . . . . . . . 13 15. Termination of This Lease by the Homeowner(s) . . . . . . . . . . . . . 14 16. Termination of This Lease by the Park . . . . . . . . . . . . . . . . . 15 17. Subleasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 18. Insurance and Injury to the Homeowner(s) or the Homeowner(s) ' Guests 16 19. Hold- Over Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20. Subordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21. Incorporation of Other Documents Attached . . . . . . . . . . . . . . 18 22. Waiver of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 23. Resolution of Disputes . . . . . . . . . . . . . . . . . . . . . . . . 18 24. Choice of laws and Venue . . . . . . . . . . . . . . . . . . . . . . . 19 25. Acknowledgement of Offer of Other Rental Documents and Options . . . . 19 i 26. Acknowledgment of No Force or Coercion . . . . . . . . . . . . . . . . 20 27. Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 28. Modification of this Lease . . . . . . . . . . . . . . . . . . . . . . 20 29. Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30. Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . 20 31. Invalidity of Provisions . . . . . . . . . . . . . . . . . . . . . . . 21 32. Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33. Acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ii CONTRA COSTA COUNTY STANDARD MOBILEHOME PARK SPACE LEASE 1. Rent Control Exemption: THIS LEASE WILL BE EXEMPT FROM ANY ORDINANCE, RULE, REGULATION OR INITIATIVE MEASURE ADOPTED BY THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS WHICH ESTABLISHES A MAXIMUM AMOUNT THAT A LANDLORD MAY CHARGE A TENANT FOR RENT. The Provisions of this Lease will set the terms of rent between the Park and the Homeowner(s). [California Civil Code § 798. I 7] 2. Definitions: For purposes of this Lease, the following words and phrases shall have the meanings stated in this section: 2.1 "Park" shall mean: (NAME): (ADDRESS) : (PHONE NUMBER) : 2.2 "Homeowner(s)" shall mean: (1) ; (2) (3) 4) (5 The term Homeowner(s) shall apply to all of the above jointly and singularly. 2.3 "Space" shall mean: 2.4 "Term" shall mean the period of time this Lease will be in effect which shall be years, except that, if the Park is subject to a land lease and/or use permit as indicated at 2. I 2 fewer than _ years remain on the land lease and/or use permit as of the beginning date of this Lease, the Term shall be a period of time less than _ years as defined by the beginning date and ending date of this Lease. Beginning Date: at 12:00 noon. Ending Date: at 12:00 noon. 2.5 "Beginning Monthly Space Rent" shall mean: $ 2.6 "Anniversary Date" shall mean: 2.7 "Base Period" shall mean: 2.8 "Physical Improvements in the Common Facilities" shall mean: 2 2.9 "Services" shall mean: 2.10 "Utility" shall mean those services listed in the chart below. Payment for the Utilities shall be as indicated. "Direct payment" means the Homeowner(s) will be billed directly each month by an outside company. "Submetered" means the Park will read a meter on the Space and bill the Homeowner(s) monthly for the amount of usage in the prior month. "Share" means the Homeowner(s) will be billed monthly for the Homeowner(s) ' proportional share of the bill the Park receives from an outside company for that particular service. "Included in the rent, " means there is no separate charge for this service at this time. The way Utilities are charged may be changed on sixty (60) days written notice to the Homeowner(s). Direct Proportional Included Utilities Payment Submetered Share in Rent Natural Gas Electricity Water Cable TV Trash Sewer Other 3 Other 2.11 "Proportional Share" shall mean cost divided by the number of spaces in the Park. As an example, if there are one hundred (100) spaces in the Park, the Homeowner(s) ' proportional share would be one percent (lo) of the cost of the item. 2.12 Zoning and Use Permit Information: California Civil Code 798.27] The land upon which the Park is located is zoned as: [ ] There is no Use Permit. [ ] There is a Use Permit. [ ] It has no expiration date. [ ] It will expire on [ ] The land on which the Park is located & not subject to a land lease. [ ] The land on which the Park is located is subject to a land lease that will expire on 3. Agreement to Cease Space: The Homeowner(s) agrees to rent from the Park, and the Park agrees to rent to the Homeowner(s) , the Space listed at 2.3 above under the provisions and conditions set forth in this Lease. 4. Rent: The Homeowner(s) agrees to pay the Park the Beginning Monthly Space Rent indicated at 2.5 above until the first Cost of Living Adjustment as per 4.1.1 below. Rent is due in advance on the first day of each month for that month and will be considered past due on the sixth. 4.1 Adjustments to Beginning Monthly Space Rent: On the Anniversary 4 Date set forth above at 2.6 and on each annual anniversary of that date thereafter the total monthly Space rent shall be changed as indicated below for the next twelve-month period: 4.1.1 First Cost of Living Adjustment: The total monthly rent the Homeowner(s) has been paying during the Base Period shall be increased or decreased by an amount qual to the percentage of increase or decrease in the Consumer Price Index for all Urban Consumers (All Items) (1982-1984 =100) for the San Francisco-Oakland-San Jose Area, published by the United States Department of Labor, Bureau of Labor Statistics ("C.P. I . ") referred to below for the twelve-month period ending with the month immediately preceding the month which is three calendar months prior to the Anniversary Date. 4.1.2 Second and Subsequent Annual Cost of Living Adjustments: The total monthly rent the Homeowner(s) was paying for the last month of the previous twelve- month period shall be increased or decreased by an amount equal to the percentage of increase or decrease of the C.P. I. described above during the twelve-month period ending with the month immediately preceding the month which is three calendar months prior to the month which includes the Anniversary Date. 4.1.3 New Services or Facilities Required by Government: If any governmental entity such as the County of Contra Costa, State of California, United States of America 5 or any other governmental agency or district increases or decreases the amount of fees, assessments or other charges to which the Park is subject as of the effective date this Lease, upon ninety (90) days' written notice to the Homeowner(s), the total monthly rent the Homeowner(s) is paying for the Space will be increased or decreased by the Homeowner(s) ' proportional share. 4.1.4 Repair or Replacement of Physical Improvements in the Common Facilities: Should it become necessary to repair or replace any of the Physical Improvements in the Common Facilities, the Park will pay for that repair at no additional cost to the Homeowner(s) , up to and including an amount not to exceed an amount qua] to the number of spaces in the Park multiplied by one hundred fifty dollars ($150.00) per calendar year. If the repairs or replacement emceed that amount, the Homeowner(s) ' rent will be increased by the Homeowner(s) ' proportional share of that cost at the next Anniversary Date. The amount of the total monthly Space rent Homeowner(s) is paying shall be increased by the Homeowner(s) ' proportional share of the repairs or replacement costs, amortized over a five-year period. If, however, this amortization would increase the amount of the Homeowner(s) ' rent by more than $15.00 per month, then the costs will be amortized 6 over a longer period of time at the rate of $15.00 per month until the Park is completely reimbursed for the costs. When the costs of the repairs or replacement are fully amortized, the monthly rent Homeowner(s) is then paying shall be reduced by that amortized amount. 4.1.5 New Park Facilities: If new park facilities are constructed, the Homeowner(s) ' rent will be increased by the Homeowner(s) ' proportional share of the construction costs, amortized over a ten -year period. If, however, this amortization would increase the amount of the Homeowner(s) ' rent by more than $15.00 per month, then the costs will be amortized over a longer period of time at the rate of $15.00 per month until the Park is completely reimbursed for the costs. When the costs of construction are fully amortized, the monthly rent the Homeowner(s) is then paying shall be reduced by that amortized amount. (a) . Non-Discretionary New Construction. If the new construction is required by local , state or federal law, or by a governmental or quasi- governmental entity or agency, a utility company, or some other person or entity having the ability to require the new construction, the Park need not obtain the written consent of tenants in the Park, and the Park may increase rents as described above. (b) Discretionary New Construction. If the new 7 construction is not required by local , state or federal law or by a governmental or quasi-governmental entity or agency, a utility company, or some other person or entity having the ability to require new construction, and the Park wishes to construct new park facilities and require the Homeowner(s) to pay the Homeowner(s) ' proportional share, the Park must obtain the advance written consent of 70 percent of the tenants in the Park. 5. Utilities: The Homeowner(s) will pay for Utilities as indicated in the chart at 2.10 above. The rates charged for Utilities may be changed from time to time. Submetered Utilities will be charged in accordance with the rate charts provided by the outside company. A copy of the rate chart shall be posted in a conspicuous place in the Park office. The method of charging for Utilities may be changed from time to time on no less than sixty (60) days' written notice to the Homeowner(s). 6. Responsibility for Maintenance: The Park will furnish and maintain the Physical Improvements in the Common Facilities in good working order and condition. In the event of sudden or unforeseeable breakdown or deterioration of these improvements, the Park shall have a reasonable period of time after the Park knows or should have known of the breakdown or deterioration to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order. For purposes of this section, "a reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration" shall be as soon as possible in situations affecting a health and safety condition, 8 and shall not exceed 30 days in any other ease except where exigent circumstances justify a delay. [California Civil Code 798. 15(d)] Homeowner(s) acknowledges, however, that it is impossible for the Park to maintain the Physical Improvements in the Common Facilities in perfect order. To determine "good working order" , the parties agree that from time to time Physical Improvements in the Common Facilities (e. g. water lines, sewer lines, electrical distribution system, natural gas distribution system, streets, buildings, appliances, etc . ) will break down. The parties agree such breakdowns are inevitable and expected even if the Physical Improvements in the Common Facilities are kept in "good working order" . The parties agree that the Park is not in any way responsible for the following because they are beyond the Park's control : (a) Failure of Utilities caused or substantially contributing to by the supplier of these Utilities to the Park; (b) Condition, taste, color or smell of water delivered to the Homeowner(s) if it is delivered in the same condition as which it is received from the water supplier; (c) Sewer backups caused by deliberate sabotage, the failure of the Homeowner(s) ' equipment in their mobilehome including the Homeowner(s) ' failure to install equipment that could stop sewer backups, or any failure of the sewer system on the Homeowner(s) ' side of the sewer connection; (d) The failure of any one or more of the Utilities caused by a 9 problem on the Homeowner(s) ' side of the meter or hookup. The Homeowner(s) will maintain the Utilities on the Homeowner(s) ' side of the meter or hookup. The Park shall have no liability for any such problem. The Homeowner(s) further agree his/her/their failure to correct any problem on the Homeowner(s) ' side of the meter or hookup may result in damage to their neighbors and/or the Park if the Homeowner(s) fail to correct the problem. 7. Homeowner(s) ' Duty to Report Defects: As substantial consideration for this Lease, the Homeowner(s) agrees to report any defect in the maintenance of the Physical Improvements in the Common Facilities including but not limited to: water leaks, gas leaks, pot holes or cracks in the paving or roads, unclean or inoperable laundry facilities, insufficient trash bin capacity, dirty trash areas, dust, dirt or debris on roads, problems with the heating or cooling at the common buildings, discolored, bad smelling or inadequate water supply or pressure, problems with the Park's common electrical system, leaks, backups, or lack of capacity of the Park's sewerage or septic system, torn or dirty carpeting, tom floor covers or window covering in the Park's buildings, holes or worn spots in floors, decks or stairs, dirty pool or spa or any other defect in the Park's equipment, buildings, facilities or maintenance, including landscaping. The Homeowner(s) shall give this notice in written to the Park's on -site manager, by registered U.S. mail (return receipt requested) within thirty days of the Homeowner(s) ' discovery of any of the conditions set forth above so they may be 10 corrected within a reasonable period of time by the Park. The parties further agree that if the Homeowner(s) fails to report any such defect in writing by certified mail within thirty days of discovery, the Homeowner(s) is in substantial violation of this Lease. Should the Homeowner(s) pay the rent, Utilities and other charges due under the terms of this Lease, the Homeowner(s) shall be deemed to have waived any damages the Homeowner(s) had or has by reason of such unreported defect. 8. Entry: The Park and its agents may enter upon the Space at any reasonable time In maintain the Utilities and/or to protect the Park, but may not enter in a manner or at a time which would interfere with the Homeowner(s) ' quiet enjoyment. 9. Maintenance of the Space: The Park may enter upon the Space and may charge a reasonable fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the Homeowner(s) fails to maintain such land or premises in accordance with the Park's rules and regulations after written notification to the Homeowner(s) and the failure of the Homeowner(s) to amply within fourteen days. The written notice shall state the specific conditions to be corrected and an estimate of the charges to be imposed by the Park if the services are performed by the Park or its agent. Any such charge shall be an addition to rent and shall be due as rent. [California Civil Code 798.15(8)]. 10. Guests: If the Homeowner(s) is living alone and wishes to share his/her 11 mobilehome with one person, the Homeowner(s) may do so, and the Park shall not impose any fee, charge or increase in rent for that additional person. The person staying with the Homeowner(s) shall be considered the Homeowner(s) ' guest and shall register with the Park, sign all residency documents and agree in writing to be bound by all of the Park's rules and regulations. [California Civil Code 798.34(b)]. 11. Seniors May Have In- Home Care Providers: If the Homeowner(s) is over fifty- five years of age and living alone, the Homeowner(s) may have a caregiver over the age of eighteen years live with the Homeowner(s) in the Homeowner(s) ' mobilehome and the Park will not charge the Homeowner(s) .any additional fee or increase in the Homeowner(s) ' rent as long as the caregiver is required by a written treatment plan provided by the Homeowner(s) ' physician. The caregiver shall have no rights of tenancy in the Park and shall agree in writing to comply with all of the Park's rules or regulations. When the caregiver is no longer required, the caregiver will move out. [California Civil Code 798.34(c)]. 12. Use of Mobilehome and Space: The Homeowner(s) ' mobilehome and the Space shall be used only as the Homeowner(s) ' personal , actual and private residence. They shall not be used for any commercial or business purposes. At all times at least one of the persons listed as the Homeowner(s) at 2.2 on the first page of this Lease shall be the "registered" owner of the mobilehome to be maintained upon the Space. 13. Abandonment of the Space: If the Homeowner(s) abandons the Space by moving the Homeowner(s) ' mobilehome of the Space and no longer paying rent, Utilities and other reasonable charges as set forth in this Lease, 12 the Park may declare this Lease void and automatically take possession of the Space. At that time the Homeowner(s) will have no further rights or interest in the Space or this Lease. 14. Sale of the Homeowner(s) ' Mobilehome: If the Homeowner(s) wishes to sell the Homeowner(s) ' mobilehome to someone who wishes to become a new tenant of the Space, the Homeowner(s) may do so as long as the Homeowner(s) complies with the provisions of the Mobilehome Residency Law, a copy of which has been attached to this Lease as required by law. If the buyer of the Homeowner(s) ' mobilehome assumes the unexpired portion of this Lease, the Homeowner(s) will have no further rights or duties under this Lease. With this exception, this Lease will be binding for its full Term on the Homeowner(s) , the Homeowner(s)' heirs, executors, and trustees, for its full Term just as it will be binding on the Park and its assigns, successors -in -interest, executors, trustees, and heirs. On sale, rent may be adjusted upward to that of the highest comparable Space in the Park, or ten percent (10%) , whichever amount is lower. If the Homeowner(s) wishes to sell the Homeowner(s) ' mobilehome, the Homeowner(s) may place such signs in or upon the mobilehome or the Space as are allowed by the most restrictive terms of the Mobilehome Residency Law. 15. Termination of This Lease by the Homeowner(s): The Homeowner(s) may terminate this Lease by removing the Homeowner(s) ' mobilehome from the Space and the Park and signing a relinquishment agreement terminating this Lease and surrendering the Space to the Park. If the Homeowner(s) does not comply with the provisions of this section, this Lease will 13 remain in full force and effect and the Homeowner(s) will be liable to pay rent and other charges under this Lease, whether or not the Homeowner(s) occupies the Space 16. Termination of This Lease by the Park: The Park may terminate this Lease and declare it a forfeiture for any of the reasons set forth in the Mobi7ehome Residency Law as attached to this Lease or subsequently amended. 17. Subleasing: The Homeowner(s) may not, nor shall the Homeowner(s) have the power to, sublet the Space or the Homeowner(s) ' mobilehome located upon the Space except under all of the following circumstances for reasons of hardship: 17.1. The Homeowner(s) has been required to move out of the mobilehome because medical reasons, or has been transferred away or required to take a job out of the area, or all Homeowners have died, and 17.2. The mobilehome has been listed for sale for a continuous period of at least six months with a licensed mobilehome dealer or real estate broker at a price suggested by that dealer or broker, and 17.3. No offer has been made within ten percent (10%) of the listing price. If all the conditions listed above have been met then Homeowner(s) or the Homeowner(s) ' heirs or executors may sublease the Space and mobilehome if each of the following conditions are met: 14 17.4. The sublease is for a period not less than 12- months, and 17.5. The sublease is for a period of not more than 24- months, and 17.6. The subtenant is acceptable to the Park, with the understanding that the Park cannot withhold its permission except for the reasons set forth in the Mob Hehome Resiliency Law as if the subtenant were a purchaser of the mobilehome within the Park, and 17.7. The subtenant agrees to be bound by all rules of the Park, and 17.8. The Park will look only to the Homeowner(s) or the Homeowner(s)' heirs or executor for payment of all rent, Utilities and incidental service charges for the Space and not the subtenant. Upon the expiration of the sublease new permission must be obtained to re-sublease the mobilehome or the Space.,This new permission must be in writing and may be withheld at the sole discretion of the Park or its successors-in-interest. 18. Insurance and Injury to the Homeowner(s) or the Homeowner(s) ' Guests: The Park does not carry public liability or property damage insurance to compensate the Homeowner(s) , the Homeowner(s) ' guests, or any other person from any loss, damage, or injury except those resulting from actions the Park would be legally liable for. The Homeowner(s) is responsible for obtaining, at the Homeowner(s) ' own expense, extended coverage for the Homeowner(s) ' own liability for injury, damage, and loss by fire, flood, earthquake or theft as the Homeowner(s) feels necessary. 19. Hold-Over Tenancy: To the extent allowed by law, the provisions of this Section shall be applicable. At the expiration of this Lease the Homeowner(s) will be offered a choice of the following: a lease for the 15 period of twelve months, a lease for such lesser period as the Homeowner(s) may demand, or a lease for such longer period as the parties may agree upon at that time. The terms of the Irate for a period of twelve months shall not differ from the terms of any lease for a lesser period during that same period. Should the Homeowner(s) fail or refuse to execute any of the offered leases, the Homeowner(s) will be a month-to-month tenant and that tenancy will be governed by the terms of this Lease. The monthly rent for the first month following the expiration of this Lease will be the same monthly rent the Homeowner(s) was paying during the last month of this Lease and thereafter the Homeowner(s) ' rent may be increased by the terms of the rental agreement the Homeowner(s) chooses or as allowed by law at that time. [California C i v Code 798. 18]. 20. Subordination: This Lease and any leasehold interest which may be created by it shall be subordinate to any encumbrance of record before or after the date of this Lease affecting the Park, any and all buildings or other improvements therein, and/or the land of which the Space leased to the Homeowner(s) is a part. Such subordination is effective without any further act of the Homeowner(s). The Homeowner(s) agrees, however, to execute and deliver any documents or instruments which may be required by any lender to effectuate any subordination promptly upon request by the Park. The Homeowner(s) hereby irrevocably constitutes and appoints the owner of the Park as the Homeowner(s) ' special attorney -in -fact to execute and deliver any such documents or instruments if the Homeowner(s) fails to execute and deliver any such documents or instruments within ten days of delivery of request to do 16 S0. 21. Incorporation of Other Documents Attached: A copy of the current Mobilehome Residency Law, and the rules and regulations of the Park have been attached to this Lease and their provisions are incorporated into and are made a part of this Lease. 22. Waiver of Default: Any delay or omission in the exercise of any right or remedy the Park may have by reason of the Homeowner(s) ' default under or violation of the provisions of this Lease, or the Park's acceptance of rent after such default or breach or the service upon the Homeowner(s) of any notice of termination of tenancy or declaration of this Lease as a forfeiture shall not constitute a waiver of any right the Park has or may have under the provisions of this Lease, the law or of any breach of this Irate. 23. Resolution of Disputes: Should any dispute arise between the parties over their respective rights or duties under this Lease, other than their respective rights to immediate possession to the Space, the parties agree to resolve any such dispute as follows to minimize costs and delays: 23.1. Private Meeting: Prior to contacting any outside agency or party, the parties will sit down face-to-face in a private meeting and attempt to resolve the matter in a reasonable and equitable manner that is fair to all parties. 23.2. Mediation: If it is not possible to resolve the matter as indicated above in 23. 1 , the manner will be submitted to a mutually agreeable professional mediator. The parties will meet with the mediator as required by the mediator to 17 attempt to resolve the matter in dispute. Meetings will continue to be held with the mediator as long as the mediator believes such meetings have a chance of resolving the matter in dispute. If any fee is charged by the mediator, the parties will each pay one half of that cost in advance. 23.3. Arbitration/Reference: Should the matter fail to be resolved through the procedure set forth above at 23. 1 and 23.2, the parties agree that the matter will be resolved by binding arbitration. If the Homeowner(s) brings the matter to arbitration, then the Homeowner(s) will pay one half of that cost and the Park will pay one half of that cost. If the Park brings the matter to arbitration, then the Park will pay the total cost. Neither party waives any rights to discovery, the rules of evidence, or appeal . 24. Choice of Laws and Venue: This Lease and all documents referred to in this Lease shall be construed and enforced in accordance with the laws of the State of California. The parties to this Lease agree the proper venue for any action brought to enforce any rights under or to interpret this Lease is the County of Contra Costa. 25. Acknowledgement of Offer of Other Rental Documents and Options: The Homeowner(s) acknowledges receipt of an offer of a rental agreement for a term of twelve months, or such lesser period as the Homeowner(s) may request, or such longer period as the parties may agree to, and that the terms of the twelve- month agreement, or the agreement for a lesser period do not differ from those being offered to month -to-month tenants 18 for the same period. 26. Acknowledgment of No Force or Coercion: The Homeowner(s) agrees and acknowledges that the Homeowner(s) has not been required, forced, coerced, or offered anything other than the things set forth in this Lease, and, has signed it of the Homeowner(s) ' own free will and accord. 27. Entire Agreement: This Lease and the documents referred to in it constitute the entire agreement between the parties regarding rental of the Space. This _Lease supersedes all prior and any other contemporaneous agreements, representations and understandings either oral or in writing between the parties. 28. Modulation of this Cease: This Lease may be modified only by a written document signed by the parties. 29. Headings: The titles of the paragraphs and the subparagraphs contained in this Lease are inserted solely for convenience and under no circumstance are they or any of them to be treated or construed as any part of this Lease nor do they constitute, in and of themselves, any part of the agreement between the parties. 30. Time of the Essence: Time is of the essence with respect to the performance of every provision of this Lease in which time is a factor. 31. Invalidity of Provisions: Certain provisions of this Lease and other documents referred to in this Lease refer to, an,d restate or summarize provisions of the Mobilehome Residency Law and other applicable laws. In every instance if is intended that these references, restatements and summaries will accurately reflect the law and correctly set forth the Homeowner(s) ' and the Park's rights, liabilities, duties and obligations to one another and to other persons. The same is true of all of the 19 provisions of this Lease and other documents used by the Park. If any of the provisions of this Use or the other documents used by the Park fail in any way to meet the above criteria, then it is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect the rights, liabilities, duties and obligations of the parties under the provisions of the Mobilehome Residency Law and all other applicable laws. The Homeowner(s) agrees to promptly notify the Park in writing of any instance where the Homeowner(s) believes that any of the provisions of this Lease or the other documents used by the Park fail to meet the above mentioned criteria. If any provision of this Lease, or any documents referred to in this Lease, or the application thereof to any person or circumstance shall , to any extent, be invalid or unenforceable, the remainder of this Lease or the other documents or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and such provision of this Lease or the other documents shall be va]id and be enforced to the fullest extent permitted by law. 32. Condemnation: If the Space or any portion of the Common Facilities and Common Areas in the Park are taken by the power of eminent domain, or sold by the Park under the threat of said power (all of which is herein referred to as "condemnation") , this Cease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20%) of the Space, or more than twenty percent (20%) of the land area of the 20 Park is taken by condemnation, either party may terminate this Lease as of the date the condemning authority takes possession. This termination will be effected by giving notice in writing of such election within twenty (20) days after the Park shall have notified the Homeowner(s) of such taking or, in the absence of such notice, then within twenty (20) days after the condemning authority shall have taken possession. If this Lease is not terminated by either party as provided hereinabove, then it shall remain in full force and effect as to the portion of the Park remaining. All awards for the taking of any part of the premises or any payment made under the threat of the exercise of the power of eminent domain shall be the property of the Park, whether made as compensation for the diminution of the value of the leasehold or for the taking of the fee or as severance damages; provided, however, that the Homeowner(s) shall be entitled to any award for loss of or damage to the Homeowner(s) ' mobilehome and removable personal property, including storage sheds, awnings, skirtings and patios. Each party hereby waives the provisions of Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises. Rent shall not be abated or reduced during the period from the date of taking until the completion of restoration by the Park, if any, and all 21 other obligations of the Homeowner(s) under this Lease shall remain in full force and effect. 33. Acknowledgement: The parties each specifically acknowledge that they have read this Lease and understand its provisions. The Homeowner(s) has been given a completed copy of this Lease, the Rules of the Park and a current copy of the Mobilehome Residency Law with the copy of the completed Lease. By signing this Lease, the Homeowner(s) acknowledges receipt of an offer of a rental agreement for the term of twelve months, or such lesser period as the Homeowner(s) may demand or such longer period as the parties may agree upon. (California Evil Code 798. 18) THIS COMMUNITY DOES NOT DISCRIMINATE IN THE RENTAL OF MOBILEHOME SPACES ON THE BASIS OF RACE, SEX, RELIGION, NATIONAL ORIGIN OR SEXUAL PREFERENCE. THE HOMEOWNER(S) AGREES THE PARK, ITS MANAGER AND OWNERSHIP HAVE NOT REQUIRED THIS LEASE TO BE SIGNED, NOR REQUIRED THE HOMEOWNER(S) TO PURCHASE, RENT, OR LEASE ANY GOODS OR SERVICES FROM THE PARK, ITS MANAGEMENT OR ANYONE ELSE. BY SIGNING THIS LEASE, THE UNDERSIGNED CONSENT TO THE RULES IT CONTAINS PURSUANT TO CALIFORNIA CIVIL CODE SECTION 798.25. THE PARK FIRST OFFERED THIS LEASE TO THE HOMEOWNER(S) ON AND PROVIDED THE HOMEOWNER(S) AT THAT TIME WITH WRITTEN NOTICE THAT THE PARK'S OFFER TO ENTER INTO THIS LEASE WITH THE HOMEOWNER(S) WOULD REMAIN OPEN FOR AT LEAST 30 DAYS. THE HOMEOWNER(S) ACKNOWLEDGES THE PARK COMPLIED WITH PROVISIONS OF THE MOBILEHOME RESIDENCY LAW BY PROVIDING THE HOMEOWNER(S) WRITTEN NOTICE THAT THE HOMEOWNER(S) HAD AT LEAST 30 DAYS FROM THE DATE THIS LEASE WAS FIRST OFFERED TO THE HOMEOWNER(S) 22 TO ACCEPT OR REJECT THIS LEASE. HOMEOWNERHOMEOWNER HOMEOWNER DATE DATE THE PARK HEREBY PROVIDES THE HOMEOWNER(S) WITH NOTICE THAT THE HOMEOWNER(S) MAY VOID THIS LEASE BY NOTIFYING THE PARK'S MANAGEMENT IN WRITING WITHIN 12 HOURS OF THE HOMEOWNER(S)' EXECUTION OF THIS LEASE. THE HOMEOWNER(S) ACKNOWLEDGES RECEIPT OF THIS NOTICE: HOMEOWNER --ROMEOWNER DATE DATE HOMEOWNER DATE THE HOMEOWNER(S) HAS BEEN ADVISED TO TAKE THIS LEASE TO A LAWYER AND OBTAIN THE LAWYER'S ADVICE BEFORE SIGNING IT. [ ] I/we have taken the Park's advice and have taken this Lease to a lawyer before signing it. The lawyer is: Name: Address: 23 Telephone: FAX: [ ] Despite the Park's advice, I/we have declined to seek legal advice before signing this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of 199 HOMEOWNER HOMEOWNER HOMEOWNER Park By: Position 24 EXHIBIT "B" INCOME COMPUTATION AND CERTIFICATION PART I-- GENERAL INFORMATION Mobilehome park name Total number of spaces Project location Owner' s name Manager's name and phone Certifying officer PART II- SPACE INFORMATION Space number Monthly rent PART III - AFFIDAVIT OF RESIDENT I , and 25 as applicants for rental assistance in the above described Mobilehome Park, do hereby represent and warrant as follows: A. My/Our anticipated total annual income does not exceed 50 percent of the median adjusted gross income for the County of Contra Costa. Your gross income or your family's gross income must not be more than: $ for an elderly, disabled or handicapped person $ for a family of 2 $ for a family of 3 $ for a family of 4 $ for a family of 5 My family size is The following computation includes all income, from all sources, that I/we anticipate receiving for the 12- month period, beginning on the date I/we execute a rental agreement for the park space, or the date I/we will initially occupy such space, whichever is later. This income represents the gross amount before taxes and deductions, for all household members. B. Identify gross amounts and frequency (weekly, monthly, etc . ) (1) Earnings gross wages $ / salaries $ / 26 overtime pay $ / commissions $ / fees $ / tips $ / bonuses $ / other $ / (2) Net income from business $ / income from rental of property (without deductions for repayment of debts or expansion of business) $ / (3) Periodic receipts, such as social security $ / annuities $ / pensions $ / retirement $ / insurance $ / disability $ / death benefits $ / alimony $ / regular contributions or gifts from persons not occupying the mobilehome (4) Public Assistance AFDC/Aid for Families w/Dependent Children $ / General Relief $ / SSI/ Supplemental Social Security $ / (5) Military Pay or Allotment $ / (6) Educational Loans $ / Grants $ / Scholarships $ / 27 (7) Total Assets for all Household Members Cash $ Savings $ $ Checking $ $ Stocks $ Bonds $ Trust Funds $ IRA $ Money Market $ Notes $ Deeds or Mortgages $ Real Estate, market appraisal value $ C. This Affidavit is made with the knowledge that it will be relied upon by the Owner to determine income eligibility and I/we warrant that all information set forth in this Part III is true, correct and complete. D. I/we will assist the Owner in obtaining any information or documents required to verify the statements made in this Part III . E. I/we acknowledge that I/we have been advised that the making of any misrepresentation or false statements in this Affidavit will constitute a material breach of my/our agreement with the Owner to lease 28 the park space and will constitute my/or consent to prevent occupancy or to immediate eviction and entice the Owner to enforce this agreement by institution of an action for ejection or other appropriate proceedings. F. I/we do hereby swear under penalty of perjury that the foregoing statements are true and correct. Signature of all adult applicants: Date: SUBSCRIBED AND SWORN to before me this day of at California. (Notary seal) Notary Public in and for the State of My commission expires: 29 EXHIBIT "C" OCCUPANCY CERTIFICATE (To be filed with the County, along with an Income Computation and Certification). Name of Mobilehome Park: Street address: City Zip Code The Resident identified in the attached Income Computation and Certification resides in the above-described Mobilehome Park, which is a party to a Standard Mobilehome Park Accord with the County of Contra Costa. Said Resident is a Very-Low Income Tenant as certified in the attached Income Computation and Certification. Said Resident resides in a space which is offered for rent in an amount at or below the applicable Fair Market Rent level for the County of Contra Costa. 30 Said Resident shall receive rental assistance provided by the Mobilehome Park Owner in the amount of twenty percent (20%) of the Resident' s current rent, as that amount may change from time to time, in accordance with the provisions of Section 6 of the Standard Mobilehome Park Accord. BY: Mobilehome Park Owner or Agent Date: 31 EXHIBIT "D" Allocation of Relocation Assistance Obligations for HUD Section 8 Recipients Sending Park is a Sending Park is not a member of the RMPO member of the RMPO Receiving Park is a Receiving Park pays 50 Each Park pays 50 member of the RMPO percent/RMPO pays 50 percent percent Receiving Park is not a Receiving Park pays 100 Each Park pays 50 member of the RMPO percent percent * "RMPO" is the Contra Costa County Board of Supervisors' approved and designated Representative Mobilehome Park Owners' Organization. 32 EXHIBIT "E" MOBILEHOME PARK REGISTRATION STATEMENT NAME OF MOBILEHOME PARK STREET ADDRESS CITY ZIP CODE PARK TELEPHONE NUMBER ( ) NAME OF MANAGER(S) NAME OF OWNER(S) BUSINESS ADDRESS 33 CITY ZIP CODE BUSINESS TELEPHONE NUMBER ( ) MAILING ADDRESS CITY ZIP CODE Which of the following services are provided to residents as part of the monthly rent? Yes No Not Available (Utility Bills Directly) Water Sewer Trash Gas Electricity 34 Paramedic Other Other 35 How are the following services metered? Park Meter Individual Not available Space Meter Water Sewer Trash Gas Electricity Paramedic Other Other 36 TOTAL NUMBER OF SPACES WITHIN PARK NUMBER OF SPACES UNDER CONTRA COSTA COUNTY STANDARD MOBILEHOME SPACE LEASE NUMBER OF SPACES UNDER 20 PERCENT RENT DISCOUNT NUMBER OF SPACES UNDER OTHER LEASE AGREEMENT(S) On attached sheets please indicate the EXACT amount of the current rent for all mobilehome spaces within the park (both Contra Costa County Standard Mobilehome Space Lease(s) and other lease or rental agreements). Owner' s or Agent's Signature Date 37 STANDARD MOBILEHOME PARK ACCORD CONTRA COSTA COUNTY THIS STANDARD MOBILEHOME PARK ACCORD ("Accord") is made as of 199_ ("Effective Date") , between the County of Contra Costa ("County") and ("Owner") who agree as follows: 1. RECITALS. This Accord is executed in contemplation of the following facts and circumstances: A. Owner is an owner of a Mobilehome Park located at within the boundaries of the Unincorporated County, which, as of the date first written above, has Mobilehome Spaces. B. It is the intent of the parties, by this Accord, to avoid controversy while protecting both Residents' rights and Owner' s rights. To effect this intent, Owner is willing to provide Residents with access to benefits to which Residents otherwise are not entitled, and, in exchange, County is willing to exempt Owner during the duration of this Accord from the effects of any action County may take which would or could otherwise affect the amount of Rent Owner could charge for the occupancy of any Mobilehome Space. C. Words and phrases capitalized in this Accord shall be given the meanings assigned to them in Section 11 of this Accord. 2. CONSIDERATION. Owner enters into this Accord and agrees to abide by its provisions and conditions in consideration of the County Board of Supervisors' agreement, on behalf of County, that, during the duration of this Accord, the County Board of Supervisors will not adopt any ordinance, rule, regulation, or initiative or referendum measure which would establish a maximum amount that Owner may charge any Resident for Rent. Owner would not enter into this Accord or agree to provide Residents with access to the 1 extraordinary benefits described in this Accord if it were not for the agreement of the County Board of Supervisors, on behalf of County, that during the duration of this Accord, the County Board of Supervisors will not adopt any ordinance, rule, regulation, or propose any initiative or referendum measure which would establish a maximum amount that Owner may charge any Resident for Rent. Nothing in this Accord shall be construed to restrict the County Board of Supervisors from adopting any ordinance, rule, regulation, or initiative or referendum measure which would establish a maximum amount that any Mobilehome Park owner not a party to an Accord may charge any Resident for Rent. 3. DURATION. This Accord shall commence on the Effective Date first written above and shall expire on the last day of the calendar month following the date that is years from that date. 4. PREEMPTION. To the extent that any provision or condition in this Accord is ever inconsistent during the duration of this Accord with any other action taken by the County Board of Supervisors, including, without limitation, any policy, regulation, rule or ordinance, this Accord shall govern. Upon discovery of any subsequently enacted state or federal law which is in conflict with this Accord, each of the parties to this Accord shall provide the other party with written notice of the state or federal law or regulation, and a written statement of conflicts with the provisions of this Accord. The parties shall thereafter implement this Accord in good faith in compliance with such state or federal law or regulation while still preserving the terms of this Accord and the rights of Owner as derived from this Accord to the maximum feasible extent. County agrees to cooperate with Owner in resolving the conflicts in a manner which minimizes any financial impact of the 2 conflicts upon Owner. Owner would not enter this Accord or agree to provide Residents with access to the extraordinary benefits described in this Accord if it were not for the agreement of the County Board of Supervisors, on behalf of the County, that the County Board of Supervisors will provide the protections of this Section to Owner. 5. FORM OF LEASE. Within 60 calendar days of the Effective Date of this Accord, Owner shall make to each Resident not presently a party to a lease with Owner a written offer to enter into the "Contra Costa County Standard Mobilehome Park Space Lease" ("Lease"), attached hereto as Exhibit "A" and incorporated herein by reference. If the Effective Date of this Accord is on or prior to this offer shall be known as the "Initial Offer. " Owner shall effect the rent stabilization benefits of the Lease as of , for each Resident who accepts the Initial Offer, if made, within 60 days of its tender. Owner shall offer to enter into the Lease with each Resident presently a party to a lease with Owner upon thee expiration of the existing lease during the duration of this Accord. Upon initial contact by any prospective Resident, Owner shall inform the prospective Resident of the applicability of this Accord to the prospective Mobilehome Space, supply a copy of this Accord to the prospective Resident, and make a written offer to enter into the Lease. After Owner establishes the applicable Rent, Owner shall effect the rent stabilization benefits of the Lease as of the effective date of the Lease for each Resident who accepts the Initial Offer after 60 days of its tender, or who enters into the Lease through other than the Initial Offer (in which case the rent stabilization date as referred to above shall not apply). The terms of Owner' s offers under this Section shall comply with the 3 requirements of the State Mobilehome Residency Law, except that Owner shall extend to each Resident or prospective Resident the offer to enter into the Lease for the entire duration of each Resident' s tenancy in Owner' s Mobilehome Park during the duration of this Accord. Upon discovery of any subsequently enacted state or federal law which is in conflict with the Lease, each of the parties to this Accord shall provide the other party with written notice of the state or federal law or regulation, a copy of the law or regulation, and a written statement of conflicts with the provisions of the Lease. Promptly thereafter the parties shall meet and confer in good faith in a reasonable attempt to modify the Lease, as necessary, to comply with such state or federal law or regulation. In such negotiations, the parties agree to preserve the terms of the Lease and the rights of Owner as derived from the Lease to the maximum feasible. extent while resolving the conflict. County agrees to cooperate with Owner in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Owner. 6. RENTAL ASSISTANCE. Upon written notice being provided to Owner of the County Community Development Director' s (or his designee) determination that appropriate Section 8 Rental Assistance funding is available and continuing until the Director has determined otherwise, the owner shall comply with this section 6. Within sixty (60) days of application to Owner, Owner shall provide, at Owner' s expense, rental assistance to each Resident who has applied for, meets and continues to meet Section 8 Rental Assistance Program income eligibility criteria and rental unit eligibility criteria as determined by Owner in accordance with the provisions of this Section until : A) Resident no longer meets Section 8 Rental Assistance Program in the eligibility criteria and/or rental unit eligibility criteria; or B) Resident obtains Section 8 Rental Assistance Program certificate or voucher rental assistance 4 or other County authorized rental assistance; or. C) Resident is denied actual Section 8 Rental Assistance Program rental assistance; or D) a maximum period of thirty -six (36) months has run, whichever first occurs. The rental assistance provided by Owner shall be in the amount of twenty percent (200) of Resident' s current Rent, as that amount may change from time to time, but in no event shall the amount exceed the amount of the Section 8 Rental Assistance Program rental assistance for which Resident is attempting to qualify. County shall not in any way delay in the process of securing actual Section 8 Rental Assistance Program rental assistance for applicant Residents. Owner immediately shall be relieved of any and all obligation to provide rental assistance under this Section to any Resident whom Owner determines has falsified information on Resident's application for rental assistance, or to any Resident whom Owner determines has allowed Owner to rely upon inaccurate information in determining Resident' s eligibility for rental assistance under this Section. Owner and County agree that Resident may appeal to the County's Zoning Administrator for a final decision in the event Resident disagrees with Owner's determination. The rental assistance received pursuant to this Section shall not be transferable by one Resident to another nor from one Mobilehome Space to another. Nothing in this Section of this Accord shall preclude Owner from making applications through the County for state or federal funds to be used to provide rental assistance to Residents in addition to, or supplementary of, the rental assistance being provided by Owner. Owner shall complete and maintain on file an Income Computation and Certification, attached hereto as Exhibit "B" and incorporated herein by reference, from each Resident who applies to Owner for rental assistance, 5 dated within sixty (60) days of Resident' s application, and containing such information as may be required by County or HUD to determine compliance with income eligibility criteria for Section 8 Rental Assistance Program rental assistance. Upon completion, Owner shall file a copy of each such Income Computation and Certification with County. County' s Community Development Director (or designee) shall devise the Income Computation and Certification so as to call only for such information as may be required by County or HUD to determine compliance with income eligibility criteria for Section 8 Rental Assistance Program rental assistance and shall provide such Income Computation and Certification to Owner prior to Owner executing this Accord. Owner shall verify a household's income by obtaining a copy of the applicant' s signed federal income tax return for the tax year immediately prior to the date of the application, as submitted to the United States Internal Revenue Service, and by Owner verifying written evidence of Resident's earned and unearned income. Owner shall complete and maintain on file an Occupancy Certificate, attached hereto as Exhibit "C" and incorporated herein by reference, dated within sixty (60) days of Resident's application, and containing such information as may be required by County or HUD to determine compliance with rental unit eligibility for Section 8 Rental Assistance Program rental assistance. Upon completion, Owner shall file a copy of each such Occupancy Certificate with County. County's Community Development Director shall devise the Occupancy Certificate so as to call only for such information as may be required by County or HUD to determine compliance with rental unit eligibility criteria for Section 8 Rental Assistance Program rental assistance and shall provide such Occupancy Certificate to Owner prior to any Community Development Director determination making this section applicable. 6 7. RELOCATION ASSISTANCE. This section shall not become operative and have any application unless and until the Community Development Director has determined (with Board of Supervisor's order concurrence) that circumstances exit in the unincorporated area requiring its application and written notice of such determination has been provided to Owner. In addition to being obligated to pay the Costs of Relocation associated with being a sending park, as described below, Owner shall contribute to a private trust fund organization ("RMPO") approved by the County' s Board of Supervisors, from time to time, to assist in reimbursing Costs of Relocation of a Mobilehome for any Resident who is receiving actual Section 8 Rental Assistance Program rental assistance or who is Low Income or Moderate Income, if Resident desires to move for Reasonable Cause to a Mobilehome Park in the Unincorporated County which is listed at the time of the move on any approved RMPO' s list of Mobilehome Parks eligible to receive relocated Residents and Resident uses a moving company approved by the same RMPO. In order to be defined as eligible to receive relocated Residents, the owner of a receiving Mobilehome Park must have entered into a separate agreement with the approved RMPO, it being understood that this Accord does not constitute such agreement. A Resident who is currently receiving rental assistance pursuant to Section 6 of an Accord shall not be eligible to receive relocation assistance pursuant to Section 1 of an Accord. Resident shall be deemed to have a Reasonable Cause to move when so determined by the process described in Section 8 of this Accord. If Owner's Mobilehome Park is on the said RMPO's list of Mobilehome Parks eligible to receive relocated Residents, and a Resident who meets the requirements of this Section desires to move into Owner' s Mobilehome Park, Owner must accept such Resident if he or she has the financial ability to pay the applicable Rent and 7 charges unless Owner determines that, based on Resident' s prior tenancies, he or she will not comply with the rules and regulations of Owner' s Mobilehome Park. Owner and County agree that such Resident shall be reimbursed as follows: A. If Resident is Low Income or Moderate Income, the owner of the Mobilehome Park to which the Resident is relocated shall reimburse Resident for fifty percent (50%) of Costs of Relocation of the Mobilehome. B. If Resident is receiving actual Section 8 Rental Assistance Program rental assistance, Resident shall be reimbursed for one hundred percent (100%) of Costs of Relocation of the Mobilehome. The responsibility for Costs of Relocation pursuant to this Subparagraph 7.B. shall be allocated as detailed in Exhibit "D" to this Accord, attached hereto and incorporated herein by reference. Owner and County agree that Owner shall not be liable under this Accord for any damages of any nature which Resident may suffer in connection with relocation. 8. RESOLUTION OF DISPUTES. Should any dispute arise between Owner and any Resident over their respective rights or duties under this Accord (respective rights to immediate possession to any Mobilehome Space and respective rights as to the amount of Rent, utilities or other charges imposed by Owner pursuant to the provisions of a Lease, any lease or any rental agreement are expressly not rights under this Accord) , then Owner agrees to resolve any such dispute as follows, provided that Resident also participates as follows: A. Prior to contacting any outside agency Owner shall sit down face to face in a private meeting with Resident and attempt to resolve the matter in a reasonable and equitable manner that is fair to both parties. 8 B. If it is not possible to resolve the matter as indicated in Subparagraph 8.A. above, Owner shall submit the matter to a professional mediator whose services may be publicly funded by County. In the event County does not provide funding for the services of a professional mediator, Owner shall cooperate with Resident to select a mutually agreeable mediator. Owner shall meet with Resident, as required by the mediator, to attempt to resolve the matter in dispute. Owner shall continue to meet with the mediator and Resident as long as the mediator believes such meetings have a chance of resolving the matter in dispute. In the event County does not provide funding for the services of a professional mediator, Owner shall pay one- half of any fees charged by the mediator, provided Resident pays one-half of any fees charged by the mediator. Nothing in this Accord shall be construed to require County to provide funding for the professional mediator. C. Should the matter fail to be resolved through the procedure set forth at Subparagraphs 8.A. and 8.B. above, Owner agrees to resolve the matter by a binding trial by referee under the terms of California Code of Civil Procedure Section 638 et seq. If Resident brings the matter to trial by referee then Owner shall pay one- half of that cost, provided Resident pays one- half of that cost. If Owner brings the matter to trial by referee then Owner shall pay the total cost. Neither Owner nor Resident shall be required to waive any rights they may have to discovery, the rules of evidence, or appeal . 9. MOBILEHOME PARK REGISTRATION. Within sixty (60) days of written notice by the Community Development Director or his designee, Owner shall be required to file with the Director of Community Development an Initial Rent Registration Statement ("Registration Statement") , attached hereto as Exhibit "E" and incorporated herein by reference, for Owner's Mobilehome Park. The 9 Director of Community Development shall devise such Registration Statement so as to call only for information necessary to carry out the purposes and policies of this Accord, and shall mail such to Owner in sufficient time as to allow Owner to timely file a Registration Statement. County shall not charge Owner any fee in connection with this Section, nor any other provision of this Accord. Owner shall provide periodic reports to County only as requested by County and only if such are necessary to carry out the purposes and policies of this Accord. 10. DEFAULT, BREACH OR TERMINATION. Upon the occurrence or default or breach, Owner or County may terminate this Accord only after providing the other sixty (60) days written notice specifying the nature of the alleged default or breach and the manner(s) in which said default or breach may be satisfactorily cured. After proper notice and expiration of said sixty (60) day cure period without cure, this Accord may be terminated, and the aggrieved party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in this Accord, or to enjoin any threatened or a!tempted violation of this Accord, or to obtain any remedies consistent with the purpose of this Accord. Failure or delay in giving notice of default or breach shall not constitute a waiver of any default or breach, nor shall such failure or delay change the time of default or breach. Legal actions shall be instituted in the Municipal or Superior Court of the County of Contra Costa, State of California, or in the Federal District Court for the Northern District of California. In consideration of County's entering into this Accord, Owner agrees to indemnify, defend and hold County, and its agents and employees, free and harmless from and against any challenges to the validity of this Accord brought in federal or state court by third parties not parties to this Accord. 10 In the event that Owner defaults under this Section's indemnification agreement, this Accord shall terminate except as to this paragraph. 11. DEFINITIONS. For purposes of this Accord, the following words and phrases shall have the meanings hereinafter stated: A. "Effective Date" shall mean the date shown in the first paragraph of this Accord. B. "Costs of Relocation" shall mean costs of moving a Mobilehome, including teardown, transportation, set- up and reinstallation of existing carport/patio covers, skirting and steps, but shall not include costs of upgrading the Mobilehome or replacing defective materials. C. "County of Contra Costa" ("County") shall mean that political subdivision of the State of California generally known as the County of Contra Costa. D. "HUD" shall mean the United States Department of Housing and Urban Development or any successor agency. E. "Income Computation and Certification" shall mean the form attached to this Accord as Exhibit "B" and any modifications to said form. F. "Initial Offer" shall mean Owner' s written offer to enter into the Lease with Residents not presently a party to a lease with Owner, made within sixty (60) days of the Effective Date of this Accord, if the Effective Date of this Accord is on or prior to G. "Initial Rent Registration Statement" ("Registration Statement") shall mean the form attached to this Accord as Exhibit "E" and any modifications to said form. H. "Low Income" shall mean do individual or a household with an annual gross income, which when combined with the annual gross income of all other persons over the age of 18 years residing in the same Mobilehome, does 11 not exceed fifty percent (50%) of the median income for the Contra Costa County area, as published annually by HUD, and as adjusted for the applicable household size. I. "Mobilehome" shall mean a structure designated for human habitation and fox being moved on a street or highway under permit, pursuant to Section 35790 of the California Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the California Health and Safety Code, and a mobilehome, as defined in Section 18008 of the California Health and Safety Code, but, does not include a recreational vehicle, as defined in Section 799.29 of the California Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach as defined in Section 18001.8 of the California Health and Safety Code. J. Mobilehome Park" shall mean any area of land within the Unincorporated County where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. For the purpose of definition, parks of primarily transient occupancy will not be included. K. "Mobilehome Space" shall mean any site within a Mobilehome Park intended, designed, or used for the location or accommodation of a Mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction herewith, or the location of accommodation of a recreational vehicle. L. "Moderate Income" shall mean an individual or a household with an annual gross income, which when combined with the annual gross income of all other persons over the age of 18 years residing in the same Mobilehome, does not exceed eighty percent (80%) of the median income for the Contra Costa County area, as published annually by HUD, and as adjusted for the applicable 12 c household size. M. "Occupancy Certificate" shall mean the form attached to this Accord as Exhibit "C" and any modifications to said form. N. "Owner" shall mean the party so designated in the first paragraph of this Accord and any agent(s) or representative(s) authorized to act on said Owner's behalf in connection with the maintenance or operation of the Mobilehome Park named in Subparagraph 1-A. of this Accord. 0. "Reasonable Cause" shall mean a determination made by the process described in Section 8 of this Accord that Resident has cause to move by reason of financial hardship, disability, divorce, death of a spouse or irreconcilable differences between Owner and Resident. P. "Rent" shall mean the consideration, in connection with the use and occupancy of a Mobilehome Space, and shall include services, amenities, benefits, taxes, amassments, maintenance and capital improvement pass-throughs, and utilities. Q. "Representative Mobilehome Park Owners's Organization (RMPO) , " is that organization approved by the County' s Board of Supervisors for the purposes designated in this Accord. R. "Resident" shall mean any person entitled to occupy a Mobilehome pursuant to ownership thereof and to agreement with Owner. S. "Contra Costa County Standard Mobilehome Park Space Lease" ("Lease") shall mean the form attached to this Accord as Exhibit "A, " and any modified form produced pursuant to Section 5 of this Accord. T. "Section 8 Rental Assistance Program" shall mean the United 13 a States Department of Housing and Urban Development' s Section 8 rental assistance program authorized under the United States Code, Title 42, Section 1437f. U. "Standard Mobilehome Park Accord" ("Accord") shall mean an agreement of the same name and intent as this document, entered into between any owner of any Mobilehome Park and County. V. "Unincorporated County" shall mean the geographic area governed by the County Board of Supervisors. 12. MISCELLANEOUS. A. This Accord shall be interpreted according to the laws of the State of California. B. The meaning, construction and interpretation of all defined terms in this Accord shall be determined by reference to Section 11 of this Accord. The titles and headings of the sections of this Accord have been inserted for convenience of reference only, and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Accord or any provisions hereof or in ascertaining intent, if any question of intent shall arise. C. If any action or proceeding is brought to enforce or interpret this Accord, the prevailing party (the Owner or the County) , as determined by the court or arbitrator, shall be entitled to recover, in addition to all the relief awarded by the court or arbitrator, applicable costs and expenses, including, but not limited to, all attorneys' fees and costs, incurred in connection with such action or proceeding. D. The provisions of this Accord shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and 14 assigns of the parties. E. If any provision of this Accord or the application thereof to any person or circumstance is held to be unlawful or is otherwise invalidated by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Accord which can be implemented without the invalid provision or application, and to this end, the provisions of this Accord are deemed to be severable. F. All notices, demands and correspondence required or permitted by this Accord shall be in writing and delivered in person or mailed by first class or certified mail , postage prepaid, addressed as follows: If to Owner, to: Attn: With copies to: If to County, to: County of Contra Costa 651 Pine St. , No. Wing Martinez, CA 94553 Attn: Community Development Director A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery, or, if mailed, two (2) business days following deposit in the United States mail . 15 k G. To the extent that the context of this Accord so requires, the singular shall include the plural and the masculine, feminine and neuter genders shall each include the other. H. Time is expressly made of the essence with respect to the performance hereof. I . This Accord constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations and agreements, oral or written, are hereby merged into and superseded by this Accord. This Accord may not be altered, amended or revoked except by an instrument in writing executed by County and Owner. Any waiver of any provision of this Accord must be in writing. J. The following exhibits attached to this Accord are hereby incorporated by this reference: Exhibit "A"- Contra Costa County Standard Mobilehome Park Space Lease ("Lease") . Exhibit "B"- Income Computation and Certification. Exhibit"C - Occupancy Certificate. Exhibit "D"- Allocation of Relocation Assistance Obligations for HUD Section 8 Recipients. Exhibit "E"- Initial Rent Registration Statement ("Registration Statement"). IN WITNESS WHEREOF, the parties hereto have executed this Accord on the Effective Date first written above. County By: Clerk of the Board of Supervisors 16 Owner By: Signature Title By: Signature Title 17 10,/21/1994 10:46 16195316005 SANDIEGOCOUNTYCOUNSL PAGE 02 �4 4 AN ORDINANCE ADDING DIVISION 10 (COMMENCING WITH SECTION 510. 101 ) TO TITLE 5 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE STANDARD MOBILENOME PARK ACCORD The Board of Supervisors of the County of San Diego ordains as follows: SECTION 1 . Division 10 (commencing with section 510. 101 ) is added to Title 5 of the San Diego County of Regulatory Ordinances to read as follows: DIVISION 10 STANDARD MOBILEHOME PARK ACCORD SEC. 510. 101 . FINDINGS. a. For the past several years certain residents of mobilehome parks have requested the Board of Supervisors to unilaterally impose rent control on owners of mobilehome parks. b. Certain park owners, aware of these requests and the Board of Supervisors' concern with protecting the low and moderate income housing stock in the unincorporated area, have offered to provide by voluntary agreement, rent stabilization to their residents and other benefits not required by law, in return for the promise by the County not to adopt any ordinance, rule, regulation or initiative measure that would regulate the amounts of rent charged by those owners. C. The Board of Supervisors finds that imposition of mandatory rent control may well create an expensive bureaucracy, involve the County in endless litigation which could deplete the general fund and polarize residents and park owners. d. After careful consideration of the views of all parties to the issue, the Board states that its policy is to exercise its police power by offering each mobilehome park owner in the unincorporated area the opportunity to enter into a Standard Mobilehome Park Accord with the County providing for rent stabilization, subsidies to qualifying residents, relocation assistance and other benefits to residents in return for the County' s promise not to adopt any ordinance, rule, regulation, or initiative measure which would regulate the amounts that any park owner who signs an Accord may charge for Rent. SEC. 510. 102 . DEFINITIONS. The following definitions shall apply to this Division: a. .Accord. The Standard Mobilehome Park Accord ("Accord" ) is that form of Accord approved by the Board of Supervisors on (Minute Order . ) 1 OCT-21-1994 10:48 16195316005 P.002 1Q1,,2k/1994 10:46 16195316005 SANDIEGOCOUNTYCOUNSL PAGE 03 b. Indemnification Agreement. The Indemnification Agreement is that form of Agreement to be entered into by the County and the San Diego County Park Industry Association as approved by the Board of Supervisors on (Minute Order # . ) c. Rent. "Rent" shall mean the consideration, in connection with the use and occupancy of a mobilehome space, as "mobilehome space" is defined in the Accord, and shall include services, amenities, benefits, taxes, assessments, maintenance and capital improvement pass-throughs and utilities. d. Resident. "Resident" shall mean any person entitled to occupy a mobilehome as "mobilehome" is defined in the Accord and in accordance with California Civil Code Section 798 et seq. (the Mobilehome Residency Law), pursuant to ownership thereof and to agreement with a mobilehome park owner. SEC. 510 . 102. APPROVAL OF INDEMNIFICATION AGREEMENT. The form and content of the Indemnification Agreement is hereby approved and the Clerk of the Board of Supervisors is authorized and directed to execute the Indemnification Agreement on behalf of the County. SEC. 510 . 103. APPROVAL OF ACCORD AND DIRECTION TO EXECUTE. The form and content of the Accord is hereby approved. Subject to execution of the Indemnification Agreement by the Park Industry Association, the Clerk of the Board is authorized and directed to enter into the Accord with any park owner within the unincorporated area of the County. The Director, Department of Housing and Community Development is directed to administer on behalf of the County the provisions of any Accord which may be executed. SEC. 510 . 104. PROMISE BX_ COUNTY NOT TO -REGULATE RENTS OF ?ARK OWNERS EXECUTING THE ACCORD. The County hereby covenants and agrees with any park owner signing and adhering to the Accord that the County will not adopt any ordinance, rule, regulation, or initiative measure which would regulate the amounts that any mobilehome park owner who signs an Accord may -charge any Resident for Rent. SEC. 510 . 10$. COUNTY NOT PRECLUDED FROM RZGULATIUG RENTS OF MOBILEHOME PARK OWNERS WHO DO NOT SIGN THE ACCORD. Nothing in this Division shall be construed to restrict the ability of the County to adopt any ordinance, rule, regulation, or initiative measure which would regulate the amounts that any mobilehome park owner not a party to the Accord may charge any Resident for Rent. ns\0\0795\45236\ordinpnc.v3 2 OCT-21-1994 10:48 16195316005 P.003 . c COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: October 24, 1994 To: Board of Supervisors From: Victor J. Westman, County Counsel By: Lillian T. Fujii, Deputy CountyC unsel Re: Status Report and Draft Mobilehome Space Rent Control Ordinance Submitted together with this status report is a preliminary draft of a Mobilehome Rent Space Stabilization Ordinance. Pursuant to the Mobilehome Task Force's suggestion, the ordinance is similar to the mobilehome rent space stabilization ordinance adopted by the City of Fremont. We have not been requested to consider the provisions of the City of Concord's proposed ordinance, and are not aware of whether or to what extent the Task Force has considered Concord's proposed ordinance, or why it was not recommended. Also as requested, we have added a provision exempting from the ordinance's coverage, park owners that enter an accord with the County. We have also included an exemption for park owners charging less than a "median space rent" of $350.00 per month, as well a provision allowing the establishment of a median rental amount that takes into consideration, various economic factors that generally influence space rents. The $350.00 amount has been arbitrarily selected by this office. This amount and any other median rental amount actually used to exempt a park from the ordinance's coverage should be selected on the basis of a study justifying the use of that amount. The Task Force has also provided this office with several broad suggestions as to what kind of requirements would be appropriate in Contra Costa County. At the same time however, the Fremont draft includes several provisions that raise policy questions that should be more particularly addressed. Therefore, the County Counsel's Office considers this draft to be a preliminary working draft, for discussion and refinement so that any resulting ordinance would be responsible to the unique concerns of the Contra Costa County mobilehome community. We also note than some of the provisions included are novel, raising fundamental constitutional questions which may or may not have been definitively addressed at the appellate court level. Some further comments are as follows: 1. Streamlining efforts - further policy input required. The Task Force has indicated a desire for a dispute resolution process with emphasis on streamlining so that costs are minimized for those involved. However, the Fremont ordinance's dispute resolution process, as a whole, is lengthy. We have eliminated a few provisions that we believe will be costly to administer, yet which provisions' elimination will not seriously detract from the ordinance's effectiveness. For example, Board of Supervisors October 24, 1994 Page 2 we have eliminated the qualifications for the hearing officer as we believe that a hearing officer need not have the qualifications required in the Fremont ordinance to be qualified to hear the disputes under the ordinance. On the other hand, we have not at this time made fundamental policy changes to the Fremont ordinance absent more specific policy direction from either the Task Force or the Board of supervisors. For example, the current draft provides for two hearings (one before a "rent review officer" and one before a "hearing officer") for all rent increases, including increases that are a matter of right under the ordinance (e.g. , prescribed annual increases) . This office will be available to work with the Task Force while it considers whether such provisions best serve the interests of the Contra Costa County mobilehome community. 2. Regulation of service decreases. The current draft also includes lengthy procedures and requirements for decreasing services, which may or may not be desirable in the County's ordinance. Specifically, the ordinance regulates decreases in services by: 1) requiring a commensurate decrease in the amount of space rent; 2) requiring a meeting between the mobilehome owners and the park owner before the service may be decreased; and 3) provides for two hearings on the amount of the rent which much be decreased, one before the "rent review officer," and one before a "hearing officer." If the park owner desires to decrease or discontinue a service without a commensurate space rent decrease, a petition for a major rent increase must be filed. 3. Major rent increase. Major rent increases (all increases beyond the standard allowed increase, or increases for the collection of rent stabilization ordinance administrative fees) are only allowed upon the filing and granting of a petition. No provision in made for informal resolution between the mobilehome owners and the park owner. 4. Majority approval for capital improvement. If a park owner desires to make capital improvements to the park, in order to pass on the costs of the improvements to mobilehome owners, the park owner must obtain the approval of a majority of the owners. In addition to the policy question raised, we note that this may raise legal questions, including whether and to what extent an ordinance may delegate to private citizens (who are not subject to the same limitations and rules as are elected officials), a function that is fundamentally a legislative matter. 5. Other provisions to consider. Along this same line, the attached draft includes several provisions which may raise questions concerning the County's authority to legislate on such matters. For example, the ordinance includes several provisions authorizing and requiring awards of attorney's fees, provides for subpoenas, and provides for decisions against "a representative" to bind an owner, and for the representative to be named in a suit instead of the owner. While cases have generally upheld counties' broad exercise of authority under the police power, other cases have disallowed specific instances of local government exercises of police power without statutory authority, or as violative of other rights. At this time, these matters are noted for possible further consideration. Board of Supervisors October 24, 1994 Page 3 The Fremont ordinance includes several provisions which may be considered confiscatory and therefore invalid. We have not deleted these provisions in the current draft, but recommend that consideration be given to modifying such provisions. For example, the park owner is entitled to pass on administrative fees paid in connection with a major rent increase petition if the park owner is granted an increase in the amount requested. However, if the rent increase granted is not the entire amount requested (e.g. , if the rent increase granted is 90% of the amount requested), the park owner is not entitled to pass through to the mobilehome owners, any of the administrative fees paid. 6. Method of determining fair rate of return. We note that the ordinance sets forth a formula for determining standard annual increases. For example, the standard increase is 3 %, or $10.00, or 60% of CPI, whichever is the highest amount, not to exceed 6%. At this time, we have not been presented with any background as to why this level of return is appropriate for Contra Costa County. 7. Time limits. The ordinance includes time frames for various administrative actions. However, in order to meet due process standards, it may be necessary to include more definitive language requiring rent decisions be made within a given time frame (e.g. , that a requested increase is deemed granted unless a decision is made within the time limitations set forth in the ordinance) . 8. Miscellaneous. a. We have removed all reference to civil penalties. Unlike cities, the County does not have the authority to impose civil penalties. b. The term "mobilehome" is defined not to include recreational vehicles; therefore, recreational vehicle spaces are not covered by the ordinance C. We have not yet attempted to include a "vacancy control" provision. LTF 14a:\mob1018.94 t i ORDINANCE NO. 94/ MOBILEHOME SPACE RENT STABILIZATION ORDINANCE The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . This ordinance adds Division 540 to the County Ordinance Code, to regulate mobilehome park space rents in specified mobilehome parks. SECTION II . Division 540 is added to the County Ordinance Code, to read: DIVISION 540 MOBILEHOME PARKS Chapter 540-2 Mobilehome Space Rent Stabilization Article 540-2 General, Definitions 540-2 .202 . Findings and purpose. (a) The State of California has recognized, by the adoption of special legislation regulating tenancies of mobilehome owners in mobilehome parks, that there is a significant distinction between the tenants (mobilehome owners) of mobilehome parks and other dwelling units, and the County of Contra Costa likewise recognizes that tenants of mobilehome parks, unlike apartment tenants or residents of other rental housing, are in the unique position of having made a substantial investment in a residence, the space for which (mobilehome space) is rented or leased as distinguished from owned. (b) There is presently within the unincorporated area of the County and surrounding areas a shortage of developed spaces for the location of mobilehomes, and because of the shortage of developed mobilehome spaces there is a low vacancy rate in mobile home parks which rent mobile home spaces to mobile home owners . (c) Mobilehome owners, unlike apartment tenants or residents of other rental units, are in the unique position of having made a substantial investment in a residence for which space is rented October 24, 1994 y !. or leased. Alternative sites for the relocation of mobilehomes are difficult to find due to the shortage of vacant mobilehome spaces, the restrictions on the age, size, or style of mobilehomes permitted in many mobilehome parks, and requirements related to the installation of mobilehomes, including permits, landscaping, and site preparation. Additionally, the cost of moving a mobilehome is substantial and the risk of damage in moving is significant. (d) On October 4, 1994, the Board of Supervisors adopted Ordinance No. 94/ providing for a temporary stabilization and control of rents within mobilehome parks in the unincorporated area finding, in part, that: ( 1) Since the late 1970 's, with the establishment of the Mobile Home Advisory Committee, the County has worked with owners and residents of mobilehome parks to foster an environment conducive to the resolution of disputes, including disputes as to the rents to be charged for a space within a given park. Those efforts have been largely successful and with regard to rent increases have been principally aimed at allowing a park owner to achieve a just and reasonable return from his ownership interest while ensuring that residents are not subject to exorbitant and/or unconscionable rent increases that could deny them the ability to remain in the park. (2) There continues to exist in the unincorporated area of the County a shortage of new spaces and vacant spaces within mobilehome parks and said shortage contributes to a low space vacancy rate within parks in the unincorporated area. (3) A substantial number of persons in the unincorporated area of the County who reside in 'mobilehome parks are persons on fixed incomes, including senior citizens and persons of low income. (4) Through the efforts of the County, the Mobile Home Advisory Committee, park owners and residents worked together to develop long-term leases, and many mobilehome owners are parties to long-term leases . (5) Recently, however, the Board of Supervisors has received public testimony and written and oral complaints that some parks within the unincorporated area have been and are charging increased rental amounts without service improvements. In some cases, the testimony has been that service levels have actually decreased in the parks charging the high rents. (6) Such rental increases, especially when coupled with a lack of service or other justifying factor, create ORD. 94/^ October 24, 1994 - 2 - i t hardships on mobilehome park residents, and may cause the displacement of park residents. Such displacements would be detrimental to the public health, safety and welfare by adversely affecting the lives of a substantial number of unincorporated area residents who reside in these mobilehomes. (7) Efforts by the County and leaders in the mobilehome park industry to obtain voluntary cooperation by landlords to maintain rents at reasonable and affordable levels have been successful in many instances, but the problems detailed in the foregoing paragraphs continue. (8) It is necessary and in the public interest to protect mobilehome park residents from unreasonable rental increases, while at the same time recognizing landlords' need to have rental increases sufficient to cover increased costs of operation and maintenance. (e) On June 21, 1994, the board of Supervisors established a Mobile Home Task Force to, inter alia, define the nature and magnitude of problems in mobilehome parks in the unincorporated area, and propose solutions to those problems which are identified. The Mobile Home Task Force having studied the problems in the unincorporated area of the County, recommends the adoption of this ordinance. (Ord.94-_ § 2 . ) 540-2 .204 Definitions. As used in this chapter, the following words and phrases shall have the meanings set forth herein unless it is apparent from the context that a different meaning is intended. (a) "Affected mobilehome owners" means all mobilehome owners in a mobilehome park who have been notified by the park owner that a rent increase is to become effective on the same date, or who have been otherwise made aware, in the absence of such notification, that a rent increase (including a reduction in housing service) has or is to become effective on the same date. (b) "Capital improvements" means the addition or replacement of any improvement to a mobilehome space or any other property within the geographic boundaries of a mobilehome park which meets the following conditions: ( 1) The addition or replacement has a useful life of at least five years, and (2) Either: A. The addition or replacement is necessary in order to ORD. 94/_ October 24, 1994 - 3 - � r maintain compliance with applicable County or other government requirements affecting health and safety; or B. The addition or replacement is provided by the park owner primarily to benefit the mobilehome owners and residents of the affected rental units. Capital improvements do not include additions or replacements made to bring the mobilehome space into compliance with a provision of any state or local law where the mobilehome space has not been in compliance from the time of its original construction or installation and such provision was in effect at the time of such construction or installation. (c) Consumer Price Index means the Consumer Price Index for all Urban Consumers, San Francisco-Oakland-San Jose area (or, if the area designation is revised, for the area which encompasses the County of Contra Costa) , published by the U.S. Department of Labor, Bureau of Labor Statistics. (d) "Hearing Officer" means a person so appointed by the rent review officer. (e) "Housing service" means a service provided by the park owner related to the use or occupancy of a mobilehome space, which is neither a capital improvement nor substantial rehabilitation, including but not limited to insurance, repairs, replacement, maintenance, painting, lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, storage, other park facilities or amenities, security service, employee services, and having guests, visitors, additional residents, or pets. (f) "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to section 35790 of the Vehicle Code. "Mobilehome" includes manufactured home, as defined in the Health and Safety Code, but does not include a recreational vehicle, as defined in section 799 .24 of the Civil Code, or a commercial coach, as defined in section 18001 .8 of the Health and Safety Code, or factory-built housing as defined in section 19971 of the Health and Safety Code. (g) "Mobilehome owner" means a person who has a tenancy in a mobilehome park under a rental agreement, having the right to the use of a mobilehome space on which to locate, maintain and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the mobilehome park. "Mobilehome owner" does not include a person who is a resident in a mobilehome but who does ORD. 94/_ October 24, 1994 - 4 - e not have a tenancy. (h) "Mobilehome park" means any area or tract of land within the county where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes. (i) "Mobilehome space" means the site within a mobilehome park intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith; provided, however, that the term "mobilehome space" shall also include the term "mobilehome" in those cases and in only those cases in which an individual rents or leases both a mobilehome site and the mobilehome located on that site from the park owner. (k) "Percent change in Consumer Price Index" means the annual percent change in the Consumer Price Index, calculated to the nearest tenth, published for the month of , issued in the month of In the event that an index is not published for the month of , the closest preceding month for which an index is published shall be used. (1) "Rental agreement" means an agreement between the park owner an the mobilehome owner for the use and occupancy of a mobilehome space establishing the terms and conditions of mobilehome park tenancy. A lease is a rental agreement. (m) "Rent base" means the space rent charged and allowed pursuant to this ordinance on , plus any rent increase allowed thereafter pursuant to this ordinance unless otherwise provided. (n) "Rent increase" means any additional space rent demanded of or paid by a mobilehome owner for a mobilehome space, including any reduction in housing services without a corresponding decrease in the amount demanded or paid for space rent. (o) "Rent review officer" means the person or persons designated by the County Administrator to administer and enforce the provisions of this ordinance. (p) "Service reduction" means any reduction in housing service below the level of service: ( 1) Existing on or at any time thereafter; or (2) Set by any rental or other contractual agreement or obligation; or ORD. 94/_ October 24, 1994 - 5 - (3) Required by any law, regulation, ordinance, or court decision. (q) "Space rent" means the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobilehome park owner for or in connection with the use or occupancy of a mobilehome space or any housing services provided with the mobilehome space. Space rent shall not include any amount paid for the use or occupancy of a mobilehome, unless the amount paid for the use or occupancy of a mobilehome is or includes consideration paid to a park owner under a rental agreement or other document evidencing tenancy of the mobilehome. (r) "Substantial rehabilitation" means that work done by a park owner to a mobilehome space, housing services, or to the common area of the mobilehome park, exclusive of a capital improvement, the value of which exceeds two hundred dollars and which is performed either to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent the cost of such work is not reimbursed by insurance, security deposit proceeds, or any other source. (Ord. 94-_ S 2 . ) 540-2 .206 Applicability; exemptions. (a) The space rent increase limitation provisions of Article 540-2 .4 shall apply to all mobilehome spaces in mobilehome parks in the unincorporated area of this County not otherwise exempt from said requirements, either by this section or any applicable State or federal law. (b) Exemptions . The space rent increase limitation provisions of Article 540-2.4 shall not apply to the following: ( 1) Mobilehome spaces covered by rental agreements subject to section 798. 17(a) and (b) of the Civil Code. (2) Mobilehome spaces for which the space rent is less than $350.00 per month, adjusted annually by 100 percent of the percent change in the Consumer Price Index. (3) Mobilehome spaces in a mobilehome park covered by an accord between the Board of Supervisors and the park owner, which accord is in the form of a Standard Mobilehome Park Accord approved by the Board of Supervisors. (4) Mobilehome spaces in mobilehome parks in which the highest space rent charged is less than the median space rent charged for mobilehome spaces in comparable mobilehome parks upon the adoption by the Board of Supervisors of a program to determine median mobilehome space rents. A program to establish ORD. 94/_ October 24, 1994 - 6 - median mobilehome space rents shall provide for the establishment of median space rents for comparable mobilehome parks by resolution of the Board of Supervisors. The determination of the Board of Supervisors of median space rent in comparable mobilehome parks shall be subject to the reasonable discretion of the Board of Supervisors, taking into consideration at least the following: location of the park and housing services provided by the park owner. (Ord. 94-` § 2 . ) Article 540-2 .4 Space Rent Increase Limitations 540-2 .402 Mobilehome space rent increase limitations . (a) Standard" Annual Rent Increases. Except as provided in subsections (b) and (c) of this section, the space rent payable for use or occupancy of any mobilehome space shall not be increased by a park owner within any twelve-month period more than the greater of: ( 1) Three percent; or (2) Ten dollars per month; or (3) Sixty percent of the percent change in the Consumer Price Index, provided that no rent increase of more than six percent may be imposed. (b) Administration Fee Rent Increases. A park owner may increase the space rent payable for any mobilehome space more than the limit set forth in subsection (a) within any twelve- month period, in order to apportion and pass through to each mobilehome space on a pro rata basis the allowable percentage of administration fees pursuant to section 540-2 .426 . (c) Major Rent Increases. In the event a park owner proposes to increase the space rent payable for any mobilehome space within any twelve-month period more than the amounts permitted in subsection (a) and (b) , the provisions set forth in section 540-2 .408 and other provisions of this article shall be followed. (d) The park owner shall report in writing to the rent •review officer any decrease in space rent for any mobilehome space, including any decrease resulting from a reduction in housing services. ORD. 94/� October 24, 1994 - 7 - (e) Any rent increase imposed by the park owner without compliance with the notice, documentation, or reporting requirements of this article shall be void and invalid, and such failure to comply with these provisions by the park owner shall be a defense in any action brought by the park owner to recover possession of the mobilehome space or to collect any rent increase from the mobilehome owner. (Ord. 94-_ S 2. ) 540-2 .404. Procedure for standard and administration fee rent increases. (a) Notice and Informal Meeting. A park owner seeking a rent increase pursuant to subsection (a) and/or (b) of section 540-2 .402, shall serve a written notice by personal delivery or U.S. mail, first class postage prepaid, of the proposed rent increase, which notice shall also provide all of the following information: ( 1) A time and place for an informal meeting to be scheduled at a time or times convenient for as many mobilehome owners as practicable and held on the premises of the mobilehome park, giving affected mobilehome owners at least ten ( 10) calendar days notice, at which time the park owner will be available to meet with the affected mobilehome owners to explain and answer questions related to the proposed rent increase; (2) The amount of the rent increase both in dollars and as a percentage of existing space rent and either one or both of the following: A. A statement that the park owner considers the rent increase consistent with the standard rent increase limitations of subdivision (a) of section 540-2 .402 and/or B. A statement that the proposed rent increase is to recover the cost of rent stabilization administration fees pursuant to subdivision (b) of section 540-2.402 . The notice shall be accompanied by documentation supporting the increase, including billing notices or other equivalent documents from the County imposing the administration fee and calculations used by the park owner to apportion the cost of the administrative fee among the affected mobilehome owners; ( 3) The identity of all other affected mobilehome owners and the mobilehome spaces which they rent; provided that if any mobilehome owner gives the park owner written notice to not identify the mobile homeowner by name in the documentation, the park owner shall indicate, in connection with the identity of the designated mobilehome space, that the identity of the ORD. 94/_ October 24, 1994 - 8 - r mobilehome owner has been omitted upon request of the mobilehome owner. However, the park owner shall provide the rent review officer with the names of any such mobilehome owner, which the rent review officer shall not disclose except for the purpose of giving notice; (4) The address and telephone number of the rent review officer who may be contacted for an explanation of the provisions of this ordinance; (b) Notice To Rent Review Officer. The park owner shall report in writing and under penalty of perjury to the rent review officer any proposed rent increase made pursuant to this section, identifying as to each mobilehome space the existing space rent, the amount of rent increase, and the new space rent. The park owner shall provide a copy of the written notice required by this section, and shall report the method of notifying affected mobilehome owners. (c) Failure To Comply. A park owner failing to provide an affected mobilehome owner the information, documents, or notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this chapter. Such failure by the park owner shall be a defense in any action brought by the park owner to recover possession of the mobilehome space or to collect any rent increase from the affected mobilehome owner. A park owner may remedy such failure by providing the affected mobilehome space or collecting any rent increase otherwise authorized by this ordinance. (d) Informal meeting. The informal meeting to be held pursuant to subsection (a) shall be conducted for the purpose of allowing both the park owner and affected mobilehome owners the opportunity to resolve any questions or differences they may have concerning the proposed rent increase. The informal meeting, once begun, may be continued by the park owner to another date or time provided notice is given to the affected mobilehome owners . (e) Determination by rent review officer. ( 1) If the informal meeting between the park owner and affected mobilehome owners does not resolve all questions and differences to the satisfaction of all the affected mobilehome owners, the dissatisfied affected mobilehome owner(s) shall file with the rent review officer a request for space rent determination within fifteen ( 15) calendar days of the conclusion of the informal meeting, accompanied by all the documentation provided by the park owner, and a statement of the reasons why the dissatisfied mobilehome owner(s) believe the proposed rent increase is not justified pursuant to subsection (a) and/or ORD. 94/i October 24, 1994 - 9 - subsection (b) of section 540-2 .402 . (2) The rent review officer shall forthwith give notice to the park owner of the filing of the request for space rent determination, accompanied by a copy of the request and information provided therewith. The park owner may, within ten ( 10) calendar days, file with the rent review officer any further information desired by the park owner. (3) Based on the written information provided by the affected mobilehome owners and park owner, the rent review officer shall, within fifteen ( 15) working days from the receipt of the request for space rent determination, make a determination whether the proposed rent increase is justified, giving reasons therefor. The standard of review by the rent review officer for a standard rent increase shall be limited to verifying the accuracy of the of the amount of the rent increase allowed pursuant to subsection (a) of section 540-2 .402 . The standard of review by the rent review officer of an administration fee rent increase shall be limited to verification of the payment of the administration fee by the park owner and the calculation used to apportion such fees among the affected mobilehome owners. (4) Written notice of the determination by the rent review officer shall be delivered forthwith (personally or by mail) to the park owner and affected mobilehome owners. If either the park owner or any affected mobilehome owner does not accept the determination of the rent review officer, the dissatisfied park owner and/or dissatisfied mobilehome owner(s) shall, within ten ( 10) calendar days from the delivery of the determination of the rent review officer, file a written notice of rejection of the determination of the rent review officer. (5) Upon receipt by the rent review officer of a notice of rejection from the park owner or one or more affected mobilehome owners, the rent review officer shall forthwith give written notice of the rejection to the park owner and to affected mobilehome owner(s) who filed the request for space rent determination, which notice shall state the determination of the rent review officer has been rendered null and void, and the proposed rent increase shall go into effect unless the dissatisfied affected mobilehome owners) files a petition for space rent hearing pursuant to subdivision (g.) . (g) Petition and Record. Within ten ( 10) calendar days from the delivery of the notice from the rent review officer pursuant to subdivision (f) , the dissatisfied affected mobilehome owner(s) shall file with the rent review officer a petition for space rent hearing before a hearing officer, identifying the proposed rent increase involved. Separate petitions filed by ORD. 94/_ October 24, 1994 - 10 - r different mobilehome owners in regard to the same proposed rent increase shall be consolidated. The record filed pursuant to subdivision (f) , including the decision of the rent review officer, shall constitute the record for a de novo hearing before the hearing officer. (h) Rent increase held in abeyance. If affected mobilehome owners representing at least twenty-five percent of all affected mobilehome spaces have signed the petition, collection the proposed standard and/or administration fee rent increase shall be held in abeyance until and unless the proposed rent increase is awarded by a hearing officer or until the petition is abandoned. (i) Assignment of hearing officer and hearing date. Upon receipt of the petition, the rent review officer shall, within ten ( 10) working days, assign a hearing officer. The rent review officer shall set a date for the hearing no sooner than ten ( 10) calendar days nor later than thirty (30) calendar days after the hearing office is assigned, provided that the rent review officer or hearing officer may set or reset the date for the hearing at a later date upon application of either or both parties, when warranted for the issuance of subpoenas or other good cause. The park owner and all affected mobilehome owners (whether or not signatories of the petition) shall be notified forthwith in writing by the rent review officer of the date, time, and place of the hearing, and this notice shall be served either in person or by mail . ( j ) Procedure for hearing. The hearing on the petition shall be conducted pursuant to section 540-2 .408 . (Ord. 94-_ § 2 . ) 540-2 .406 Housing service reduction rent increases. (a) Notice of Housing Service Reduction and Rent Decrease. ( 1) A park owner proposing to reduce housing services and concurrently decreasing space rent in an amount corresponding in value to the housing service to be reduced shall provide each affected mobilehome owner with written notice, delivery by personal service or U.S. mail, first class postage prepaid, not less than thirty (30) calendar days from the proposed effective date of the reduction in housing services and decrease in space rent, such notice setting forth the specific housing service or services to be reduced and the decrease in space rent attributed to each housing service to be reduced. The park owner shall also provide copies of invoices and other records to demonstrate the relationship between the cost and value of each of the housing services to be reduced and the decrease in the space rent, ORD. 94/_ October 24, 1994 including, if available, the additional cost to continue any such housing service without being reduced. A reduction in housing services without a decrease in space rent equal in value to the reduction shall be considered a major rent increase pursuant to section 540-2.408. (2) The requirements set forth in Section 540-2.404 shall apply to any proposed reduction in housing services accompanied by a concurrent reduction in space rent. Said requirements include: notice of informal meeting, notice to rent review officer, confirmation document, failure to comply, and petition and record and hearing. Review of a park owner's notice of intent to reduce housing services and concurrent reduction in space rent shall be limited to verifying the accuracy and completeness of the information provided by the park owner, and verifying that the reduction in space rent substantially corresponds to the value of the reduction in housing services. The burden of proof is upon the affected mobilehome owner. (b) Claim of Mobilehome Owner of Reduction in Housing Service Without Concurrent Decrease in Space Rent. If the park owner proposes or effectuates a rent increase by a reduction in housing service without a concurrent notice of decrease in space rent pursuant to subsection (a) (or fails to file a petition a major rent increase pursuant to section 540-2 . 012, prior to effectuating the reduction in housing service) , any affected mobilehome owner may, within a reasonable period of time not to exceed sixty days from the date of receipt of the monthly rent due notice following commencement of the reduction in housing service, deliver written notice to the park owner which sets forth specifically the affected mobilehome owner's claim that there has been a rent increase, and the specific failure of the park owner to reduce space rent in an amount equal to the value of the reduction in the housing service as required pursuant to subsection (a) . (c) Compliance by Park Owner. Within ten ( 10) calendar days of delivery of such notice pursuant to subsection (b) , the park owner shall reply to the affected mobilehome owner. If the park owner agrees, in whole or in part, that there has been a reduction in housing services. without a decrease in space rent equal in value to the reduction in housing services as required pursuant to subsection (a) , the park owner shall specify in the reply the actions taken or to be taken by a date certain to comply with the requirements of subsection (a) and other provisions of this ordinance. (d) Petition for Hearing. An affected mobilehome owner may appeal the park owner reply by commencing the rent dispute resolution process by filing a petition for hearing to be ORD. 94/_ October 24, 1994 - 12 - conducted pursuant to section 540-2 .408. (e) Consolidation of Petitions. The rent review officer shall, to the extent possible within the time limitations provided in this ordinance, consolidate separately filed petitions involving the same issue or issues of housing service. Consolidation of petitions shall not affect individual petitioners ' desire to be separately represented. (Ord. 94-_ S 2 . ) 540-2 .408 Major rent increases. (a) Petition Required. Any major rent increase proposed by a park owner shall be made only pursuant to a petition filed by the park owner, and subsequent hearing and approval by a hearing officer. (b) Petition Contents. Any petition filed by a park owner pursuant to this section shall be submitted under penalty of perjury by the park owner, and shall be on a form approved by the rent review officer, which form shall contain at least the following information: ( 1) The address of the mobilehome park; (2) The space number of each mobilehome space for which a rent increase is requested; (3) The current and proposed rent schedules for each mobilehome space in the mobilehome park, including the amount of the requested rent increase for each mobilehome space; (4) The facts supporting the requested rent increase, including supporting documentation; (5) The actual income and operating expenses by category for the mobilehome park for each year of a two year period ending no more than six months before the proposed effective date of the rent increase; (6) A schedule of other anticipated fees and income from the mobilehome park; (7) The vacancy rates in the mobilehome park during the preceding two year period; (8) A list of any current leases for mobilehome spaces unaffected by the proposed rent increase extending beyond the effective date of the rent increase, showing the date that each lease expires and the amount and date of change in the space rent for such lease; ORD. 94/^ October 24, 1994 - 13 - (9) Any other information affecting the need for the proposed rent increase which is required by the rent review officer; and ( 10) Any other information which the park owner deems relevant. (c) Proof of Service. The petition shall also be accompanied by a proof of service under penalty of perjury which states that: ( 1) a complete copy of the petition and supporting documents has been delivered or mailed to the designated leader of any mobilehome owners ' association at the mobilehome park which has notified the park owner of a desire to receive a full copy of any such documents, and (2) all affected mobilehome owners have been delivered or mailed a summary of the rent increase petition, a copy of which summary shall be filed with the petition. The park owner shall also deliver or mail a complete copy of the petition and supporting documents to any affected mobilehome owner who requests a copy in writing. (d) All Rent Increases. The park owner shall include in any such petition all rent increases desired for a particular mobilehome park for that year. No more than one petition may be filed for each mobilehome park each year. (e) Petition Filing Fee. A filing fee, as established by the Board of Supervisors shall be paid concurrently with the filing of the petition. The fee shall be used to pay all costs of the County incurred in conducting proceedings on the petition, including without limitation County staff time, noticing, audit costs, accountant costs, postage and arbitrator costs. If the amount of the fee exceeds the actual costs, the balance shall be refunded the park owner within thirty (30) calendar days after completion of the proceedings. If the rent review officer approves a rent increase in the amount requested by the park owner in the petition, the cost of the fee may be passed through to the mobilehome owners affected by the rent increase less any amount refunded by the County. Unless the park owner and the mobilehome owners agree otherwise, the reimbursement shall be paid in equal installments with the space rent payments for the twelve-month period following completion of the proceedings and shall be divided equally among the residents of the mobile home spaces affected by the rent increase. Such period may be extended in the discretion of the rent review officer. If the rent review officer approves a rent increase that is less than the rent increase requested by the park owner in the petition, the park owner shall not be entitled to reimbursement of the fee. ( f) Complete Petition. Within fifteen ( 15) working days after receipt of the park owner's petition, the rent review ORD. 94/_ October 24, 1994 - 14 - officer shall determine if the petition is complete and shall notify the park owner of any additional information or documentation required to make the petition complete. The park owner shall submit such information within fifteen ( 15) calendar days after notice from the rent review officer, with a proof of service as provided in subsection (c) . Such time may be extended for good cause shown. (g) Notice of Petition. Within ten ( 10) working days after receipt of a complete rent increase petition, the rent review officer shall give written notice of the petition, by mail, to the affected mobilehome owners specified in the petition. If a majority of the affected mobilehome owners notify the rent review officer within ten ( 10) calendar days after such notice that the requested rent increase is acceptable to them, all proceedings on the petition shall cease and the park owner may implement such rent increase by compliance with the notice requirements under state law. (h) Burden of Proof. In any rent increase proceeding pursuant to this section, the burden shall be upon the park owner to prove entitlement to a rent increase by clear and convincing evidence. (i) Hearing Procedure: The procedure for the hearing shall be pursuant to Section 540-2.410. (Ord. 94-_ § 2 . ) 540-2 .410 Petition hearings. (a) General. Hearings on petitions filed pursuant to Sections 540-2.404, 540-2 .406 and 540-2 .406 shall be conducted pursuant to the procedure prescribed in this section. (b) Conduct of Hearing. The park owner and affected mobilehome owners may appear at the hearing and offer oral and documentary evidence. The hearing officer shall exercise discretion in the determination of facts. The hearing officer need not require that formal rules of evidence be observed, provided that constitutional rights for a fair hearing are protected. The hearing officer may grant or order not more than two continuances of the hearing for not more than ten ( 10) working days each, unless the hearing officer determines good cause is shown for additional or longer continuances or both parties stipulate to additional or longer continuances. (c) Representation of Parties. The parties in any hearing are entitled to be represented at the hearings by a person of the party's choosing. The representative need not be an attorney. Written designation of representatives shall be filed with the rent review officer or hearing officer. The written designation ORD. 94/_ October 24, 1994 - 15 - of a representative shall include a statement that the representative is authorized to bind the party to any stipulation, decision, or other action taken at the hearing. Any mobilehome owner may designate in writing an individual or entity to represent and replace him or her as a party in the hearing, and the individual or entity so designated shall be considered and treated as the party in the hearing, and shall be named as a party in any litigation under this ordinance instead of the designating mobilehome owner. (d) Hearing Findings and Determination. The hearing officer shall, within fifteen ( 15) working days of the conclusion of the hearing (including receipt of any briefs or supplemental information from the parties which was requested, directed or allowed by the hearing officer) , submit a written statement of decision and the reasons for the decision by mail to the rent review officer, who shall forthwith distribute copies of the decision by mail to the park owner and all affected mobilehome owners. The hearing officer shall determine the amount of rent increase, if any, and the effective date of the rent increase, which are reasonable based upon all the provisions of this ordinance. (e) Burden of Proof. The burden of proving the reasonableness of the proposed rent increase for a major rent increase pursuant to Section 540-2 .404, or a standard rent increase and/or an administration fee rent increase pursuant to section 540-2 .402, shall be on the park owner. The burden of proof shall be upon the affected mobilehome owners for housing service reductions pursuant to Section 540-2 .406 . (f) Attorneys Fees . ( 1) In any major rent increase proceeding, any mobilehome owner who prevails, by reducing the amount of the rent increase awarded or approved by the hearing officer from the amount requested by the park owner, shall be entitled to recover reasonable attorney's fees and costs. (2) In any standard, administration fee, or service reduction claim proceeding, the hearing officer may award reasonable attorneys fees to the prevailing party, provided that attorneys fees may be awarded against petitioning mobilehome owners only when the hearing officer finds that the petition is clearly frivolous. (g) Decision Final. The decision of the hearing officer is final and binding upon the park owner and all affected mobilehome owners, regardless of whether any affected tenant challenged a petition filed by the park owner or was a signatory of a petition filed by affected mobilehome owners or was present or represented at the hearing. The decision of the hearing officer shall be subject to judicial review pursuant to section 1094 .5 of the Code of Civil Procedure. ORD. 94/_ October 24, 1994 - 16 - t a The parties to the hearing may enter an agreement, which shall be signed by the hearing officer, that the decision of the hearing officer shall be final and binding upon all parties on the same basis as an arbitrator's decision subject to confirmation, correction or vacation, pursuant to section 1285 et seq. of the Code of Civil Procedure. (h) Withdrawal of Petition. Nothing in this ordinance shall preclude or invalidate an agreement between the park owner and any affected mobilehome owner which results in the mobilehome owner withdrawing as a challenger to the park owner's petition or withdrawing as a petitioner filed by affected mobilehome owners, either before or after the hearing officer's decision or the decision of a court, provided that the agreement contains no provision by which the mobilehome owner waives rights under this ordinance. Any such waiver shall be deemed contrary to public policy and void and unenforceable. (Ord. 94-_ S 2 . ) 540-2 .412 Petition hearing subpoenas. (a) Affidavit. Upon the filing of an affidavit or a declaration under penalty of perjury showing good cause by any party, the hearing officer may issue a subpoena requiring a person or entity to attend at a particular time and place to testify as a witness and/or to produce records, documents, or things. Subpoenas shall be issued and attested to by the hearing officer in the name of the County. The affidavit or declaration shall specify the exact matters of things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the proceeding, and stating that the witness has the desired matters or things in the witness' possession or under the witness ' control, and a copy of such affidavit shall be served with the subpoena. Subpoenas shall designate the business records, documents, and tangible things to be produced either by specifically describing each individual item or by reasonably particularizing each category of item. (b) Service of Subpoenas. Any subpoena requiring that a witness personally appear to give testimony at a petition hearing shall be served in person at least five (5) calendar days before the witness ' attendance is commanded. Any subpoena duces tecum issued pursuant to the provisions of this ordinance requiring production of business documents only may be served by first- class mail, and must be served at least twenty (20) calendar days before the date set forth on the face of the subpoena. Notwithstanding any other provision of this chapter, such time limits may be extended by the hearing officer to such time as is necessary upon good cause being shown. Any subpoena or subpoena duces tecum issued pursuant to the provisions of this section shall be deemed issued by and in the name of the County. ORD. 94/_ October 24, 1994 - 17 - (c) Payment of Costs for Subpoenas Duces Tecum. All reasonable costs incurred by any witness not a party to the hearing pursuant to a subpoena duces tecum may be charged against the party serving the subpoena duces tecum. "Reasonable cost, " as used in this section shall include, but not be limited to, the following specific costs: ten cents per page for standard reproduction of documents of a size eight and one-half by fourteen inches or less; twenty cents per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents requiring special processing; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars per hour per person, computed on the basis of four dollars per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. The requesting party shall not be required to pay those costs or any estimate thereof prior to the time the records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneous with actual delivery of the subpoenaed records, and until such time as payment is made, is under no obligation to deliver the records. If a subpoena is served to compel the production of business records and is subsequently withdrawn or modified, the witness shall be entitled to reimbursement for all costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn or modified. Where the records are delivered to the attorney or the attorney's representative for inspection or photocopying at the witness ' place of business, the fee for complying with the subpoena shall not exceed fifteen dollars, plus actual costs, if any, charged to the witness by a third person for retrieval and return of records held off-site by a third person. If the records are retrieved from microfilm the reasonable cost, as defined above, shall also apply. (d) Payment of Costs for Subpoenas Requiring Personal Attendance. When the personal attendance of the custodian of a record or other qualified witness not a party to the hearing is required, said witness shall be entitled to witness ' fees for each day's actual attendance in the amount of thirty-five dollars a day plus twenty cents per mile actually traveled, both ways . The fee for one day's attendance and mileage must be delivered to the witness at the same time the subpoena is served upon said witness, if demanded by him or her. (e) Exclusive Means of Discovery. Other than the subpoenas described in subdivision (a) above, there shall be no additional discovery in proceedings before the hearing officer. (Ord. 94-_ § 2 . ) ORD. 94/ October 24, 1994 - 18 - 540-2 .414 Standards of review for major rent increase. (a) Factors . Factors to be considered in evaluating a major rent increase proposed by the park owner include: ( 1) Unavoidable increases in maintenance and operating expenses, including but not limited to the reasonable value of the park owner's labor and any increased costs for services provided by a public agency, public utility, or quasi-public agency or utility. (2) The substantial rehabilitation or the addition of capital improvements by the park owner seeking the major rent increase, including the reasonable value of the park owner's labor, as long as such rehabilitation or improvement has been completed and is: (A) Distinguished from ordinary repair or maintenance; (B) For the primary benefit, use, and enjoyment of the affected mobilehome owners; (C) Permanently fixed in place or relatively immobile and appropriated to the use of the mobilehome park; (D) Not coin-operated nor one for which a "use fee" or other charge is imposed on affected mobilehome owners for their use; and (E) Cost-factored and amortized over the remaining useful life of the rehabilitation or improvement. (3) The rental history of the affected mobilehome spaces and the mobilehome park, for the immediately preceding thirty-six months, including: (A) The presence or absence of past rent increases; (B) The frequency of past rent increases; and (C) The occupancy rate of the mobilehome park in comparison to comparable mobilehome parks in the same general area. (4) The physical condition of the affected mobilehome spaces and mobilehome park, including the quantity and quality of maintenance and repairs performed during the preceding twelve months, as well as the long term patterns of operating, maintenance, and capital improvement expenditures . (5) Any increase or reduction of housing services since the last rent increase. (6) Existing space rents for comparable mobilehome spaces in other comparable mobilehome parks. ORD. 94/_ October 24, 1994 - 19 - t a (7) A decrease in net operating income as provided in section 540-2.416. (8) A fair return on the property prorated among the mobilehome spaces of the mobilehome park. (9) Other financial information which the mobilehome park owner provides. ( 10) Whether income or expenses in a base or comparison year are unreasonably high or low. If so, the hearing officer may make an appropriate adjustment. (b) No major rent increase greater than 5% shall be granted or approved for increases in capital, operating and maintenance expenses, or decreases in net operating income under section 540- 2.4 within any twelve month period. No rent increase of more than 8% shall be granted or approved for any reason in any twelve month period. If the amount of any rent increase justified under this section exceeds this limit, any portion in excess of the annual limit shall be deferred to the next year or years. (Ord. 94-_ § 2 . ) 540-2 .416 Net operating income evaluation for major rent increases. In evaluating a major rent increase proposed to maintain the park owner's net operating income from the mobilehome park, the following definitions and provisions shall apply: (a) Net operating income of a mobilehome park means the gross income of the mobile home park less the operating expenses of the mobilehome park. (b) Gross income means the sum of the following: ( 1) Gross space rents, computed as gross space rent income at one hundred percent occupancy; plus (2) Revenue received by the park owner from the sale of gas and electricity to affected mobilehome owners when such utilities are billed individually to the affected mobilehome owners by the park owner; this revenue shall equal the total cost of the utilities to the mobilehome owners minus the amount paid by the park owner for such utilities to the utility provider; (3) All other income or consideration received or receivable (but not including any income or consideration not collected due to reasons outside the park owner's control) , for or in connection with use or occupancy of a mobile home space and related services, including but not limited to interest paid from ORD. 94/_ October 24, 1994 - 20 - rental deposits, unless directly paid by the park owner to mobile home owners (interest shall be imputed at rate of 5% of all deposits, but if such deposits in fact earned greater interest, then actual interest earned shall be used) ; minus (4) Space rents not collected due to vacancy and bad debts to the extent that the same are beyond the park owner's control. Uncollected space rents in excess of one percent of gross space rents shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. Where uncollected space rents must be estimated, the average of the preceding three years ' experience shall be used. (c) Operating expenses means : ( 1) Real property taxes and assessments . (2) Utility costs to the extent that they are included in space rent. (3) Management expenses, including the compensation of administrative personnel (including the value of any such services) , reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be not more than five percent of gross income, unless greater management expenses can be documented. (4) Normal repair and maintenance expenses for the grounds and common facilities of the mobilehome park, including but not limited to landscaping, cleaning, and repair of equipment and facilities. (5) Park owner-performed labor in operating or maintaining the park. In addition to the management expenses listed in paragraph (3) , where the park owner performs managerial or maintenance services which are uncompensated, the park owner may include the reasonable value of such services. Park-owner- performed labor shall be limited to five percent of gross income unless the arbitrator finds that such limitation would be unfair in a given case. The park owner must devote at least forty hours per week to performing such managerial or maintenance services in order to warrant the full five percent credit for such services as an operating expense. No credit for such services shall be authorized unless the park owner documents the hours utilized in performing such services and the nature of the services provided. (6) Operating supplies such as janitorial supplies, gardening supplies, stationery, and so forth. ORD. 94/ October 24, 1994 - 21 - (7) Insurance premiums prorated over the life of the policy. (8) Other taxes, fees, and permits, except administration fees assessed or paid pursuant to section 540-2 .426 . (9) Reserves for replacement of long-term improvements or facilities, provided that accumulated reserves shall not exceed five percent of gross income. ( 10) Necessary capital improvement costs exceeding existing reserves for replacement. The park owner may include the cost of necessary capital improvement expenditures which would exceed existing reserves for replacement, pursuant to the following criteria: (A) A necessary capital improvement shall be an improvement required to maintain the common facilities and areas of the mobile home park in a decent, safe, and sanitary condition or to maintain the existing level of mobile home park amenities and services . (B) Expenditures for capital improvements to upgrade existing facilities or increase amenities or services shall be an allowable operating expense only if the park owner has: (i) Consulted with the affected mobile home owners prior to initiating and construction of the improvements regarding the nature and purpose of the improvements and the estimated cost of the improvements . (ii) Obtained the prior written consent of at lease a majority of the affected mobile home owners to include the cost of the improvement as an operating expense. Evidence of such consent must be presented at the time of filing the documentation seeking to include such a capital improvement expenditure as an operating expense. (C) Any capital improvement expense shall be amortized over the reasonable life of the improvement or such other period as may be deemed reasonable by the arbitrator under the circumstances when considered in light of existing IRS standards, using the "Class Life Asset Depreciation Range System" (ADR System) . (D) In the event that the capital improvement expenditure is necessitated as a result of an accident, disaster, or other event for which the park owner receives insurance ORD. 94/ October 24, 1994 - 22 - benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as an operating expenses. ( 11) Involuntarily refinancing of mortgage or debt principal. The park owner may include certain debt services costs as an operating expense. Such costs are limited to increases in interest payments from those interest payments made during 1994 which result from one of the following situations or . the equivalent thereof: (A) Refinancing of the outstanding principal owed for the acquisition of the mobilehome park where such refinancing is mandated by the terms of a financing transaction entered into prior to the effective date of this ordinance (e.g. ) for termination of a loan with a balloon payment. (B) Increased interest costs incurred as a result of a variable interest rate loan used to finance the acquisition of the mobilehome park and entered into prior to the effective date of this ordinance. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the terms of the refinancing were reasonable and consistent with prudent business practices under the circumstances . (d) Operating expenses shall not include the following: ( 1) Avoidable and unnecessary expense increases since the base year. (2) Debt service expenses, except as provided in subsection (c) ( 11) . ( 3) Depreciation. (4) Any expense for which the park owner has been or will be reimbursed by any security deposit, insurance payment, judgment for damages, settlement, or any other method. (5) Legal or attorney's fees or costs, except as follows: Allowable legal expenses shall include attorney's fees and costs incurred in connection with successful good faith attempts to recover rents owing and successful good faith unlawful detainer actions not in derogation of applicable law, to the extent such expenses are not recovered as a result of such actions . Attorney's fees and costs incurred related to proceedings under or related to this chapter are not allowable as ORD. 94/ October 24, 1994 - 23 - operating expenses . No other attorney's fees are allowable. Park owners shall bear the burden of production and proof of the amount and purpose of such fees, including reasonable rate per hour and hours spent. (6) Any damages, penalties, fees, or interest assessed or awarded for violation of any provision of this ordinance or of any other provision of law. (7) Reserve accounts. (8) Expenses unrelated to the improvement and maintenance of the mobilehome park, including any expenses related to the conversion or sale of the mobilehome park. (9) Expenses clearly excessive in relation to the customary and reasonable costs of such items. (e) All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of proving the reasonableness of the expense. To the extent that the hearing officer finds any such expense to be unreasonable, the hearing officer shall adjust the expense to reflect the normal industry or other comparable standard. ( f) Base year operating expenses and gross income for purposes of this ordinance shall mean operating expenses and gross income in calendar year 1994 . (Ord. 94-_ § 2 . ) 520-2 .418 Obligation of the parties. (a) If the hearing officer finds that the rent increase for a standard, administration fee, or major rent increase, or any portion thereof, is justified, each affected mobilehome owner shall pay, to the extent such payment has not already been made by the mobilehome owner, the amount found justified to be paid to the park owner, within thirty (30) calendar days after the decision is made. (b) If the final decision by the hearing officer finds that the rent increase for a standard, administration fee, major rent increase, or service reduction, or any portion thereof, is not justified, the park owner shall refund any amount found to be unjustified, to the extent such amount has already been paid by the affected mobilehome owner, to each affected mobilehome owner within thirty days after the decision is made. If such refund is not made within thirty (30) calendar days, the affected mobilehome owner may withhold the amount from the next space rent payment, or payments until the full amount of the refund has been ORD. 94/_ October 24, 1994 - 24 - made. (c) If the final decision of the hearing officer includes an award of attorneys fees pursuant to the provisions of this Chapter such award shall be added to the amounts set forth in the decision pursuant to subdivisions (a) and (b) . (d) Any sum of money that under the provisions of this section is the obligation of the park owner or an affected mobilehome owner, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this section, may be collected in any manner provided by law for the collection of debts. (Ord. 94-_ § 2 . ) 520-2 .420 Mobile home owner's right of refusal to pay. An affected mobilehome owner may refuse to pay any rent increase which provided the affected mobilehome owner has commenced the rent dispute resolution process in the case of a standard, administration fee, or service reduction claim, and either no final decision has been reached by a hearing officer, or the rent increase has been determined to violate the provisions of this ordinance. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect the rent increase, which action is attributed to the refusal to pay. (Ord. 94-_ S 2 . ) 520-2.422 Retaliation; mobilehome owners ' right to organize. (a) No park owner, manager, or agent thereof may retaliate against a mobilehome owner for the mobilehome owner's assertion or exercise of rights under this ordinance, in any manner, including but not limited to: threatening to bring or bringing an action to recover possession of a mobilehome space, engaging in any form of harassment; decreasing housing services; increasing the space rent; or imposing a security deposit or any other charge payable by a mobilehome owner. (b) In an action by or against a mobilehome owner, evidence of the assertion or exercise by the mobilehome owner of rights under this chapter or other activity in furtherance of mobilehome owners ' rights and organizations within six months prior to the alleged act of retaliation shall create a presumption affecting the burden of producing evidence that the park owner's conduct was in retaliation for the mobilehome owner' s assertion or exercise of rights under this ordinance. (c) Any mobilehome owner whose rights under this chapter are violated may bring a civil action for declaratory, and/or injunction relief, and/or for damages. Any park owner who ORD. 94/_ October 24, 1994 - 25 - retaliates in violation of subsection (a) shall be liable to the affected mobile home owner in a civil action for the actual damages sustained, including emotional distress, plus reasonable attorney's fees and costs. (Ord. 94-_ S 2. ) 520-2 .424. Mobilehome owner's right to agree to term of lease. (a) Every mobilehome owner and prospective mobilehome owner shall have the option to reject an offered rental agreement and accept a rental agreement for a term of 12 months or less, including a month-to-month agreement. (b) Before any rental agreement or lease in excess of 12 months is executed by the mobilehome owner or prospective mobilehome owner, the park owner must ( 1) offer the mobilehome owner or prospective mobilehome owner the option of a rental agreement for a term of 12 months or less, (2) provide the mobilehome owner or prospective mobilehome owner with a copy of this ordinance, and (3) inform the mobilehome owner or prospective mobilehome owner in writing that if he or she signs a lease or rental agreement with a term in excess of 12 months, the lease or rental agreement may not be subject to the terms and protection of this ordinance. (c) A notice, which conforms to the following language and printed in bold letters of the same type size as the largest type size used in the rental agreement, shall be presented to the mobilehome owner or prospective mobilehome owner at the time of presentation of a rental agreement creating a tenancy. with a term greater than twelve ( 12) months: "IMPORTANT NOTICE TO MOBILEHOME OWNER REGARDING THE PROPOSED RENTAL AGREEMENT FOR MOBILEHOME PARK: PLEASE TAKE NOTICE THAT THIS RENTAL AGREEMENT CREATES A TENANCY WITH A TERM IN EXCESS OF TWELVE ( 12) MONTHS. BY SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING THIS MOBILEHOME SPACE FROM THE PROVISIONS OF THE COUNTY OF CONTRA COSTA MOBILEHOME SPACE RENT STABILIZATION ORDINANCE FOR THE TERM OF THIS RENTAL AGREEMENT. THIS ORDINANCE AND THE STATE MOBILEHOME RESIDENCY LAW (CALIFORNIA CIVIL CODE SEC. 798 et seq. ) GIVE YOU CERTAIN RIGHTS. BEFORE SIGNING THIS RENTAL AGREEMENT, YOU MAY CHOOSE TO SEE A LAWYER. UNDER THE PROVISIONS OF STATE LAW, YOU HAVE A RIGHT TO BE OFFERED A RENTAL AGREEMENT FOR ( 1) A TERM OF TWELVE ( 12) MONTHS, OR (2) A LESSER PERIOD AS YOU MAY REQUEST, OR (3) A LONGER PERIOD AS YOU AND THE MOBILEHOME PARK MANAGEMENT AGREE. YOU HAVE A RIGHT TO REVIEW THIS AGREEMENT FOR THIRTY (30) DAYS BEFORE ACCEPTING OR REJECTING IT. IF YOU SIGN THE RENTAL AGREEMENT YOU MAY ORD. 94/_ October 24, 1994 - 26 - CANCEL THE RENTAL AGREEMENT BY NOTIFYING THE PARK MANAGEMENT IN WRITING OF THE CANCELLATION WITHIN SEVENTY-TWO (72) HORS OF YOUR EXECUTION OF THAT AGREEMENT. IT IS UNLAWFUL FOR A MOBILE HOME PARK OWNER OR ANY AGENT OR REPRESENTATIVE OF THE OWNER TO DISCRIMINATE OR RETALIATE AGAINST YOU BECAUSE OF THE EXERCISE OF ANY RIGHTS YOU MAY HAVE UNDER THE COUNTY MOBILEHOME ORDINANCE, OR BECAUSE OF YOUR CHOICE TO ENTER INTO A RENTAL AGREEMENT WHICH IS SUBJECT TO THE PROVISIONS OF THAT ORDINANCE. " (d) The notice described in the previous subsection shall contain a place for the mobilehome owner or prospective mobilehome owner to acknowledge receipt of the notice and shall also contain an acknowledgement signed under penalty of perjury by the park owner or manager that the notice has been given to the mobilehome owner or prospective mobilehome owner in accordance with the previous subsection. A copy of the notice executed by the park owner or manager shall be provided to the mobilehome owner or prospective mobilehome owner. (e) Pursuant to Civil Code section 798. 17, the provisions of this article regulating the amount of space rent which a park owner may charge for a mobilehome space shall not apply to any tenancy created by a rental agreement which is in excess of 12 months in duration. If a rental agreement subject to Civil Code section 798. 17 expires or is terminated and a new agreement is not entered, the last space rent charged under the provisions of the previous rental agreement shall be space rent charged for the mobilehome space, and the space rent for that mobilehome space may be increased only in accordance with the provisions of this chapter. ( f) No mobilehome park lease or rental agreement shall require a mobilehome owner to pay any attorney' s fees or costs associated with any attempt by a mobilehome owner to assert or enforce rights under this chapter, except as provided for by this ordinance. (Ord. 94-_ S 2 . ) 540-2 .426 Administration fee. (a) Imposition. A rent stabilization administrative fee shall be imposed upon each mobilehome space subject to the rent stabilization requirements of this chapter. Said fee is imposed for the purpose of funding all costs of administering and enforcing the requirements of this chapter. (b) Amount. The County Administrator shall report to the Board of Supervisors not less than once each fiscal year, his recommendation regarding the amount of the fee necessary to pay ORD. 94/_ October 24, 1994 - 27 - the costs of administering this chapter. The amount of the fee shall be as determined by resolution of the Board of Supervisors. The fee shall not exceed the amount reasonably necessary to administer and enforce the requirements of this chapter. (c) Payment. The park owner shall the fee for all of the mobilehome spaces in a park upon which the fee is levied. (d) Proration. The County Administrator may allow the payment of prorated fees if a mobilehome space is subject to the rent stabilization requirements of this ordinance for a period of nine months or less of the year for which the fee is levied. (e) Late fee. A park owner who fails to pay the fee required by this chapter within thirty days of written notice to pay the fee shall, in addition to the fee, pay a late penalty of ten percent ( 10 %) of the amount of the unpaid fee, to reimburse the County for costs associated with the park owner's failure to timely pay the fee. (Ord. 94-_ § 2 . ) 540-2 .428 No waiver. Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this chapter is waived or modified, is against public policy and void. (Ord. 94-_ S 2 . ) 540-2 .430 Remedies and penalties. In addition to those remedies and penalties set forth elsewhere in this chapter, the following remedies and penalties shall apply: (a) Award by hearing officer. When a hearing officer finds that a park owner has demanded, received, or retained space rent from any mobilehome owner to which the park owner is not entitled, the hearing officer: ( 1) Shall award any actual damages and costs incurred by the mobilehome owners as a result of the space rent demanded, received, or retained by the park owner. (2) Shall award reasonable attorney' s fees to the mobile home owner. (b) Court decision. When a court in reviewing a decision of a hearing officer finds that a park owner has demanded, received, or retained space rent to which the park owner is not entitled, the court shall award costs and reasonable attorney's fees to the mobilehome owner as a result of space rent demanded, received, or retained, by the park owner. (Ord. 94-_ S 2 . ) ORD. 94/_ October 24, 1994 - 28 - 540-2 .432 Review of ordinance by Board of Supervisors. If a park owner reports in writing to the Director of Community Development the occurrence of a vacancy rate of five percent among the mobilehome spaces in the mobilehome park owned by such park owner in the preceding calendar month, the Director of Community Development shall track the vacancy rate for each and all mobilehome parks for the next six months, and if the vacancy rate for all mobilehome spaces in all the mobilehome parks in the unincorporated area exceeds five percent for each of the six months, the Director of Community Development shall promptly report such occurrence to the County Administrator who shall schedule the report for consideration by the Board of Supervisors at a regular or special meeting called for such purpose. Upon receipt of the report the Board shall review the report and the effectiveness of this Chapter in addressing the problems giving rise to its enactment and take appropriate legislative action thereon. Notice of the time and place of Board of Supervisors review shall be published a least ten days prior to said date in a newspaper of general circulation in the County. In addition, notice shall be posted in a public place within each mobilehome park. SECTION III . SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION IV. PREEMPTION. Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the a newspaper published in ORD. 94/ October 24, 1994 - 29 - this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk, of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] LTF.15A:\ordM0B.d3 ORD. 941_ October 24, 1994 - 30 - I i VOW ? ;. .Gigv : / ///ii///%/ vfth i Af / j///r//// / ty '%//�/// %'• rd s%%'; i .i :� ,��i •� � %:�i� / it � / / i/j/. / / / MINOR OWN 0, IS /j%/� � e Diego County i 1/4 r c. _1 �s E� i• �1� a THE COURTS ON RENT CONTROL With the many court decisions and legal studies it can be shown that rent control is not only legal but even endorsed by the courts. A. - In 1990 a Federal District Court in California commented: "The mobilehome market is an example of a monopoly which is a failure rather than a free market, and is a prime candidate for government regulation". (ref. - AZUL/PACIFICA INC. v. CITY of LOS ANGELES, 740 F. SUPP. 772, 781 [C.D. CA. 1990]. 19910 WL 224528 [9th Cir. 1991]) B. - The FLORIDA SUPREME COURT found a form of"economic servitude" ensues rendering tenants subject to oppressive treatment in their relations with park owners if mobilehome park owners are allowed unregulated and uncontrolled power to evict mobilehome tenants," [ref. Stewart v. Green, 300 So. 2nd. 889, (Fla. 1974)]. C. - THE COURTS commented: "Where a rent increase by a park owner is a unilateral act., imposed across the board on all tenants, and imposed after the initial rental agreement has been entered into, park residents have little choice but to accept the increase. The "absence of meaningful choice" after their mobilehomes have been affixed to the land, serves to meet the class action requirement of procedural unconscionability." D. - A CALIFORNIA COURT of APPEAL S questioned the underpinnings of the reasoning that rent control is a "taking". They reasoned: "The increase in the sales prices of mobilehomes resulting from resit control simply reflect the artificially low prices caused bV excessive rents prior to it's enactment_" [ref. CA.SELLA v. CITY of MORGAN HILL, 280 CA. Rptr. 876, 882 (1991)] E. - JUSTICE SCALIA found in the San Jose rent control hearing that: "Landlords, as a class, become poorer, and tenants as a class, (or at least incumbent tenants 'as a class) become richer. Singling out landlords to be the transferors (givers) may be within our traditional constitutional notions of fairness because they can plausibly be regarded as the benend3nes of high rent and the source of the problem." COMMENTS: Tenants are immobile homeowners with investments that are three times as great as the investment of their landlords. (AZUL/PACIFiCA v. CITY of L.A.) These homeowners were invited into this scheme by the park owners to develop their land investments into profit making ventures. A $6,000,000 rental park, if fairly characterized, is really a $24,000,000 housing complex with the land and the homeowners immovable collective investment. Extract from more than 100 positive references relate; to rent control in '"THE URBAN LAWYER", Vol. 24, No.1, Winter 1992. MOBILEHOME PARK RENT STABILIZATION: AN INTRODUCTION AND PRESENTATION OF SUPPORTING ARGUMENTS AND MATERIALS This '-information has been prepared and is distributed by the Golden State Mobilhome• Owners League, commonly known as "GSMOL." Composed of some 200,000 California mobilehome residents, GSMOL has for nearly 30 years represented the mobilehome community, and has fought to protect the mobilehome way of life for its members. Nothing so critically endangers that lifestyle as does the ability of park landlords to increase mobilehome space rent to exhorbitant levels. In fact, rents have been spiraling upwards at a frantic pace during the last 20 years in most metropolitan areas. Space rents which approximated $50.00 in 1971 have in many :-cases gone. as high as $650.00 by '1991. Mobilchome residents do not have the money or negotiating leverage needed to obtain the security of a fair long-term lease .in most cases. They must turn to local government for help. Initially, it is, important to understand the nature of the mobilehome relationship. Mobilehome owners hold a unique form of tenancy. Unlike property owners, they do not own the land underlying their homes; but, unlike renters of apartments, they do own their own dwellings. Many have invested substantial sums in their mobilehomes, thus creating a substantial equity interest. Despite their name,. mobilehomes, once set on their allotted spaces, are not truly mobile. Mobilehome .park residents' lack of mobility and lack of land ownership places them very much at the mercy of park owners, who, without rent regulation, can destroy mobilehome owners' lives and investments simply by raising the rent to the point .where .the mobilehome . owner must either sell his or her mobilchome at distress-sale prices, or submit . to a voluntary surrender, foreclosure or bankruptcy. The fact that .--mobilehome owners are typically retired, and living on fixed incomes, increases their exposure. The lack of any vacant spaces to which they might move creates a monopoly market which ensures that a homeowner who cannot afford rent will lose his or her investment. What would otherwise be a source of appreciation becomes, for the mobilehome resident, a trap. State law, as embodied by the California Mobile Home Residency Law, has been enacted to protect mobilehome owners from park owner abuses in such areas as unlawful eviction. But State law *does aU regulate space rents in mobilehome parks. Local rent control fills this gap. As a direct consequence of shortages of mobilehome spaces, low vacancy rates, the cost of moving mobilehomes and rapidly rising rents, no fewer than 90 California • cities and counties have enacted some form of mobilehome rent control. Many have not enacted other forms of residential rent control, such as for apartment ' rents. This is further evidence of the mobilehome owner's unique need foc protection .which most cities ' now recognize and require. These governments repeatedly cite the above factors as the reasons for enacting rent control. Voluntary programs such as park-sponsored rent subsidies are well and good fore a ; few ' needy residents. But this should not be viewed as a substitute for the protections • that all mobilehome owners require, and it is unfortunately true that park owners cannot be counted upon to voluntarily restrict rent increases. Nor can it be assumed that a long-term lease will be fairly negotiated to solve the issue. -1- Armed with this history, the following points should be considered by you in support of a decision to implement rent control: 1. Mobilehome rent control promotes the health, welfare, and safety of a vulnerable segment of the community by setting up a regulatory framework within which park owners conduct business with their residents. The majority of mobilehome rent control ordinances have ;..:.:, been enacted simply because park owners have unreasonably raised . „ rents to a- point where they become unaffordable, and "economic eviction" results. -2. As a result of the practice of park owners to unjustifiably raise rents, the practical effect of the regulatory process in rent control is to keep rent increases within, reasonable bounds. 3.:: : In :. general, a history of rent control in other jurisdictions in 'California demonstrates that : rent increases "within reasonable bounds" : means those in line with inflation and consumer price indices, while ensuring the park owner a fair,return on investment. 4.. Without rent controls, • park owners will invariably raise rents to the extent . that those mobilehome park residents with fixed incomes will be forced out, thus forfeiting their equity interests. r+� 5.-. . As . rents go up, the resale value of mobilehomes declines. Sometimes the price of the home is driven down to salvage, which is ordinarily only a few thousand dollars: 6. As rents are unreasonably raised, the ability for the tenant to sell his mobilehome diminishes, since a prospective buyer's ability to receive financing is also dependent upon his or her ability to pay the rent for the space where the mobilehome is located. 7. Mobilehome owners have the right to protection of their investments from abuses in the form of unreasonable rent increases. .8:.. .; Rent control is necessary to retain both mobilehome park housing and affordable housing within the local jurisdiction. 9. Rent control is a local program tailored by the City Council to meet the specific needs of its residents which can be met in no other .10. " Rent control offers long-term stability for residents. As stated 'above, many of the residents are on fixed income and they need stabilization in view of the monopoly market in which they are <' trapped. It establishes - a system to enforce controls that can be ' used for other disputes such ' as service reduction claims by residents. 11.: " Rent control effectually discourages sNculation by park owners and prevents economic ; syndicates from 'being formed . for the principal purpose of buying the mobilehome park and then drastically raising rents and selling quickly for windfall profits. .z- 12. Rent control is necessary for vacancy control to be in place; rent regulations that apply when a mobilehome is sold. When vacancy decontrol exists, rents skyrocket at the time of sale. Consequently, the price of mobilehomes plummet. For many fixed " ."income... individuals, such as seniors, the mobilehome is their only asset. Consequently, a drastic increase in rents diminishes their investment and they are forced to move out or forfeit their investments. 13. A properly drafted rent control ordinance restricts park owners to limjted annual increases; however, it also should allow for a procedure for the park owners to make a plea to an appropriate hearing body of the local agency for higher increases than what the ordinance requires in order to ensure a fair and reasonable return on the property. This provision ensures that excessive rents will not be imposed on the tenants, yet guarantees a reasonable rate of return on the park owners investment and keeps the mobilehome park operating for the benefit of both residents and owners. Despite the ever-present allegations that mobilehome rent control ordinances are unconstitutional or invite litigation, case law has expressly held that rcpt control . ,legislation is . constitutionally valid as a proper exercise of the local police power.' .The primary challenge to rent control ordinances has historically been that they are an unconstitutional taking of property without just compensation as guaranteed by the Fifth Amendment of . the United States Constitution. Decisions of the Unites States and California Supreme Courts have established that local governments may, consistent with the police power, adopt rent control ordinances where imperfections in the unregulated market for rental housing allow landlords to charge excessive rents. The United States Supreme Court has repeatedly reaffirmed that rent .control ordinances are not per se takings for the purposes of the Fifth Amendment as a requirement for due compensation. Fisher v. City of t3erkelcy, 475 U.S. 260 (1986); Pennell v. City of Son Jose, 485 U.S. 1 (1988). The California Supreme Court has explained that rent control ordinances "are within the police power if they are reasonably calculated to eliminate excessive rents and at the same time provide landlords with a just and reasonable return on the property. However, ..if it is. apparent from the face of the provisions that their effect will necessarily be to lower rents more than could be reasonably considered to be required for the measure's stated purpose, they are unconstitutionally confiscatory." . (Birkenf2U vs. City of Berkeley (1976) 17 Cal.3rd 129.) Thus, in the absence of some sort of facial invalidity with respect to the ordinance- formula, the mere fact of enactment is well protected by existing caselaw. Of-' course, a proper set of "constitutional facts" upon which the ordinance.is-prtemi=d must also be shown. In recent years, the issue of "vacancy control% which may or may not be a� part of an ordinance, has been the specific focal point of litigation, rather than the basic issue of whether rent control is constitutional (which has already been decided as mentioned). At the risk of becoming somewhat technical about this limited rent control issue, it is important to understand just where it fits into the overall rent control scheme, so as not to completely reject the concept of rcpt control simply because of it. -3- Many local jurisdictions have as a part of their ordinance a provision knownas "vacancy control", which prevents a park owner from raising rents when a rental space is vacated and a new tenant comes in. In other words, the new tenant/buyer steps into the shoes of the previous tenant/seller and receives the benefit of rental restrictions. Park owners have argued that this gives the tenants the` ability to "monetize" this right by selling their on-site mobilehomes for a' premium. Consequently, they allege a transfer of the value of the underlying land from the landlord to the tenant constituting an unconstitutional taking. The initial case dealing with this issue was the Federal District Court case -of Hall vs. . City of Santa Barbara (1986) 833 F.2nd 1270. In Hall, the mobilehome park ,owners challenged the City of Santa Barbara's mobilehome rent control "ordinance, which:: contained a provision for vacancy control. The park owners argued •'that the ordinance transferred to each tenant a possessory interest in the land in' which his mobilehome was located. The park owners further contended that the substantial. premium paid for mobilchomes in parks subject to the ordinance constituted the transfer of a valuable property right to occupied spaces in mobilehome parks at below market rates in an unconstitutional taking of the property. The Court in HAU agreed, and in effect held that vacancy decontrol of rents was *required to allow rent increases upon resale. Two very recent California Appellate court cases have declined to follow the court's decision in Hall vs. Santa Barbara and have concluded that vacancy control provisions in rent control ordinances do not constitute an unconstitutional taking of property 'without just cornpensztion. (Yre vS, City q(' Escondido (1990) 224 Cal.App.3d 1349; Peopard vs, City of Carnenteria (1991) 91 Daily Journal D.A.R. 245.) Those cases rejected the holding in LU.0 and upheld local ordinances in both Escondido and Carpenteria with vacancy control provisions. On January 24, 1991, the ' California Supreme Court denied a request by the park owner to have _YS1 reheard. It ' thus has become the "law of the land" in California. There is a clear trend towards upholding vacancy control. On Janur<ry 22, 1992, the Unites States Supreme Court heard oral argument on the � case, anti z decision which decides the issue once and for all is due by mid - '1992. The point to be made about all of the front-paa news being created by "vacancy control" litigation is this: It involves only Ue aspect of a mobilehome ordinance,.. and ' should rias discourage the enactment of rent couicrol in general. If a jurisdiction wishes, . full vacancy control can be omitted from the ordinance until Yom, is decided, while the other protections are implemented. GSMOL is always available to answer any specific questions or assist cities or counties who wish to underst2ad, colisider or implement rent stabilization. evc have access to many existinZ orciinanees, and can, through our regional representatives, work with you to develop an ordinance which is both efficient and cost effective. GSMOL sinely hopes that this publication is helpful, and that you will see fit to do all irt;`your power to protect the mobilehome residents who form a valuable part of your.Wwmunity. BRUCE E. STANTON Corporate Counsel BES:sIc RCIPACIF.205 Date: %C) 'Z %L� REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: /! ;b Phone: ~` 9 211 Address: 2 7 37 S u Q 4 i4J Z � � ,So City: I am speaking for: ❑ Myself OR D�; Organization: 0 ;q NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # a y My comments will be: ❑ General [9 For ❑ Against ❑ I wish to speak on the subject of: S 7- 44f l L) z -�% Irl ❑ I do not wish to speak but leave these comments for the Board to consider: Date: REQUEST TO SPEAK FORM 2 (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Nf�� SC�i��ir/J�ie Phone: Y2-S-3301 Address: /3 2 ,LG 51AW S' G!/�/ City: )A Gf�`EG4 I am speaking for: (X Myself OR $�J Organization: S WAW A NAME F ORGANIZATION CHECK ONE: I wish to speak on Agenda Item # -7• % My comments will be: ❑ General „� For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but leave these comments for the Board to consider: Date: REQUEST TO SPEAK FORM 3 (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: I ri4 ✓y" Phone: Address: 7 �4f�`e ✓ City: s I am speaking for: P—Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: wish to speak on Agenda Item # 4" V- My . comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: Date: /"g Ze���� REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: I af 7�4 Phone: Address: City: io LS`yy I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda em # My comments will be: General ❑ For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but leave these comments for the Board to consider: Date: 5 REQUEST TO SPEAK FORM (Two [2] Minute Limit) S Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: L Q rt E. Clo 4.s2/ Phone: _-7'7'1-16 hey _ Address: Gr-"k fZnaa/ City: �a I am speaking for: U Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: I wish to speak on Agenda Item # 7.4 My comments will be: ❑ General [2�For ❑ Against l I wish to speak on the subject of: I �,,n P` ew¢ S1,y -2 a� ti ❑ I do not wish to speak but leave these comments for the Board to consider: Date: 42- P =9 REQUEST To SPEAK FORM (Two [21 Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: S'-s Phone: Address: dos— X CIA —0,< City: PnP I am speaking for: E Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # 9-`( My comments will be: ❑ General 2For ❑ Against ❑ I wish to speak on the subject of: 62a"--r- -6— oa- ❑ I do not wish to speak but leave these comments for the Board to consider: Date: W REQUEST To SPEAK FORM (Two [2] Minute Limit) Complete t m and place it in the box near the speakers' rostrum before addressing the Board. Name: L- Phone: F37--,3 Z3 Address �� "���11 CQ.►1 i�J 2�=-V City. ' I am speaking for: ❑ Myself OR 2S-Organization: &.,MJ7aJ NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: �eneral ❑ For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but leave these comments for the Board to consider: REQUEST TO SPEAK FOAM Date: (Two [2] Minute Limit) Complete this form and pl ce it in the box near the speakers' rostrum before addressing the Board. Name: "�� Phone: Address: I City: n1✓MAn I am speaking for: T Myself OR ❑ Organization: H NAM OF O GANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # e __ My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: Z 0 A/�( .0 ❑ I do not wish to speak but leave these comments for the Board to consider: Date: 16- Z� �`7� REQUEST To SPEAK FORM (Two [21 Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: l rel Pr �r I21 LL- (3 Phone:6S 1 a) 6g,5-- 71<71 Address: `FP/4 V S 0,U S �SarJ VWej V/ZZ4�* City AC1f CCc) I am speaking for: Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: X f Date: REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete-this form and place it in the box near the speakers' rostrum before addressing the Board. Name: a/. C CfzR�i�R � Phone: 5/0- VY -b�e Address: 6/ � Ae7 u Au t°� 1 �t J City: &,, I am speaking for: ❑ Myself OR ❑t�Organization: /n Aky, ex t9ve M,, R k NAME OF ORGANIZATION CHECK ONE: ��-- ❑ I wish to speak on Agenda Item My comments will be: ❑ General For ❑ Against ❑ I wish to speak on the subject of: -' Dal do not wish to speak but leave these comments for the Board to consider: L/ A2 4 0,Al; fFd O R !a �e FaA MoO Lazoe atz)4)& s 41& Z lL P /:V — REQUEST TO SPEAK FORM Date: to (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: C_. Phone: Address ZL)v City: I am speaking for: ❑►Myself OR ❑ Organization: NAME OF ORGANYATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do of ish speak but leave th e comme is for the o�rd to consider: Date: /d-2S REQUEST TO SPEAK FORM (Two (2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: RoXAt,)PJe iS20©1<S Phone: jq g-- QQq Address: AMflC;cT� 34Z City: PGJE LO I am speaking for: Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: P6 L ��hcxc,,\,Se5 e,go4*q ye�Y—_ Ur\\' c�, C%_U_CS 2 S lneye.t..sec� Oh, �� 1 A1C o�rn�5 , G;,r cl �'e5�-��. �(o,�l►„es ��-�w'� �.��,5� Date: I o- REQUEST TO SPEAK FOAM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: b o.y/y k Phone: 312 Address: /��� P A,1i19-S P, k, S 4 oap City: eRc//e-,cy I am speaking for: Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # i My comments will be: ❑ General ❑ For ❑ Against ❑ II wish to speak on the subject of: 5+ I do not-wish to speak but leave these comments for the Board to consider: P h e,-eP 14e,)-,p fke,eSei Vo 5& ,P'iia 5& ,P cw& fgo- M &,91,VG wP So p2 Ali N s/c w $ C-A-/V /Y,,Z /�o 1� 0 oz Je A �' G W g LAIN 17 e vy/Y eA /=a ri e, pi-e f w e. /-7' t e, $ it /r lY (r o jy, ,e* t-l- Cao e w F 6V e /Z Date: to -J-tLfz REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone: 4, Address: /',�i2,. - C �o.� City: �zr� �. G��< I am speaking for: V] Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but leave these comments for the Board to consider: i We, lv REQUEST TO SPEAK FOAM Date: (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: 14 J4 j�L U-- ,5 , & � f-A- 9 L Phone: Address: �- �'/Y E-y UP C-/4-'Gi-d--b- h,A VRK City: -- C,i�) I am speaking for: q-Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: KI do not Wish to speak but leave these comments for the Board to consider: Date: ^� REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: rl G v L ZZ d , :e d ZZ e le e Phone: Address C e l s City: C b I amspeaking for: El ORE] .5 u n L)i L L 4� NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: , '] I do not wish to speak but leave these comments for the Board to consider: Date: 7 , 2,� - L3 REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: „b 1y�,* � Phone:, /d `4 7/ `.276 9 Address:Lh.e1 �} D -Y City: I am speaking for: ❑ Myself OR ❑ Organization: _ NAME OF RGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: -"Sit Date: J0 REQUEST TO SPEAK FORM (Two [21 Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone: S 10n 8Z 7 -VY 7;> Address: 1 "7 9 City: I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANIZATI CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: Z - y Date: s= �l q REQUEST TO SPEAK{ FOAM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone: �r " D Address: City: I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: ® I do not wish to speak but leave these comments for the Board to consider: 9 G2f,11311- 79 Date: if 0 ' REQUEST To SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone: 4� 7 -� 54 0- Address: City: LJa� I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: � L-a�I do not wish to speak but leave these comments for the Board to consider:�-. .-`` ` t Date: /✓ 3' REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board.. Name: Phone: 5"/-0 & ? —S"3 Address: l7-67City: IF i I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANtZAT(ON CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not w' h to speak but leave these comments r the Board to consider: c r Date: a CI'�• REQUEST TO SPEAK{ FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: 4/ !`Z/ #CCA 6. 9PA tO Phone: Address: 142 R ALUM-¢ G> City: p4ec,0,0 1F" 4;;� L I am speaking for: ❑ Myself OR ❑ Organization: I A b 9C- NAME OF ORG RATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: / IF I do not wish to speak but leave these comments for the Board to consider: W f �i �� t Ud o-+ L0 4 / ✓ Date: O REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: a 12 t AV Phone: L a � — 5"'� 7 1 Address: Q City: j�; 'd &A&AAp I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑, 1 wish to speak on the subject of: [Ji I do not wish to speak but leave these comments for.the Board to consider: Date: q a REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name:iPhone: � Addres's.. City: I am speaking for: ❑ Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: n ( I o not wish to speak Wt leave these comments for the Board to con 'der: -21L 10 `' '` 5 Date: -EQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: )>`tiV JC tv �y I ��/l e4Z 44lV Phone: Address: V2 City: - LICAF-C- z) I am speaking for: ❑ Myself OR ❑ Organization: J" a Y AME OF ORGANI N CHECK ONE: �G ❑ I wish to speak on Agenda Item # o� My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: �( ' Date: I REQUEST TO SPEAK{ FORM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: D/0�J A 6121 Z-L C3 Phone:( I a) &<4S 7I Address: /6 q H-III0,U S k Sun/ VIIGLe 044dCity: OA H E-6 I am speaking for: XMyself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑ Against ❑ I wish to speak on the subject of: I do not wish to speak but leave these comments for the Board to consider: 2 PEAKERS Dosit the "A quest To Speak orm" (on the Deposit' reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3. Begin by stating your name and address; whether you are speaking for yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to two (2) minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) Fx) Date: J o- REQUEST TO SPEAK FOAM (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: V a.Y/Y 19' S l,)4It 1 J2 r' Phone: _, r4 6 31-:? Address: /�'�� ,t> 13 i95 t.w S -�- o ap City: P AGH e�c I am speaking for: Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # s My comments will be: ❑ General ❑ For ❑ Against ❑ II wish to speak on the subject of: 1 [2 I do not wish to speak but leave these comments for the Board to consider: y✓� 4-P IR Fke e 56 0a 5aR& 7211ASIC 7O 52Sa /' al°yy Z/reM 6'a/N C, wr So g1711Y u..f 0,01V Nel P-//-'aA 17 syy/9>', 0 ., 9 L�No7 Tyy/y e-ti w�9 fAc,f w e, t°. s Pa e,5 u, 1' G I/G /L SPEAKERS 1. Deposit the "Request To Speak Form" (on the reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3. Begin by stating your name and address; whether you are speaking for yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to two (2) minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.)