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HomeMy WebLinkAboutStaff Report 3.F 4/7/2014N DATE: April 7, 2014 TO: Honorable Mayor and Members of the City Council Through City Manager it FROM: Sue Castellucci, Housing Coordinatof� SUBJECT: Resolution Authorizing Program Administration Fees for the Mobile Home Park Space Rent Stabilization Program for 2014 RECOMMENDATION It is recommended that the City Council Adopt the Attached Resolution Authorizing Program Administration Fees for the Mobile Home Park Space Rent Stabilization Program for 2014. BACKGROUND Petaluma Municipal Code Section 6.50.60 (the "Ordinance") authorizes the City to collect an annual fee for administration of the ordinance. The Ordinance states that "on or before April 30`x' of each year and every subsequent year, each mobile home park owner shall pay to the City Cleric of the City of Petaluma a mobile home park rent stabilization program administration fee for each mobile home space as defined herein, including both occupied and unoccupied mobile home spaces in the owners mobile home park except for those spaces subject to a rental agreement in full compliance with the requirements of Civil Code Sections 7998.17 (a) and (b)." Fifty percent of the fee can be passed through by the park owner to the tenant. The City has a three-year agreement (through June 30, 2015) with the Sonoma County Community Development Commission (SCCDC) to administer its rent stabilization program. SCCDC provides a staff person to process arbitration petitions and select qualified arbitrators for administrative hearings. SCCDC also administers rent stabilization programs for three other cities and the County. DISCUSSION Pursuant to the Petaluma Municipal Code, the City Council is authorized to adopt a mobile home park space rent stabilization fee on an annual basis. Staff requests updates on spaces covered by the Ordinance versus long-term lease holders at each park annually. This year it was determined that there are 317 spaces which are covered under the Ordinance. A breakdown by park is attached as Attachment #1. Agenda Review: City Attorney Finance Manager "T��)_-- FINANCIAL IMPACTS Since the Ordinance was enacted in 1995, Council has approved fee modifications based on the costs to administer the program and retain a reserve for unanticipated legal fees. In FY 2010-11 Council restored the fee to its original $65 in order to cover the substantial attorney fees caused by previous years' arbitrations and appeals. Recent years have been free of those costs and this year shows a predicted year-end balance of $17,403 (see the Sources and Uses Chart, Attachment #2) Staff recommends that the administrative fee remain at $65/space. This will allow the program to pay annual expenses and to continue building a reserve capable of covering any unanticipated legal/arbitration costs. Building a healthy reserve is important because, in the past, annual administration fees have been augmented from the PCDC Low -Mod Housing Fund. As a result of redevelopment dissolution, that source is no longer available to cover excess costs. After City Council adoption of the resolution authorizing the 2014 administrative fees, assessments will be sent to all park owners by the Finance Department. 1. Rent Stabilization Ordinance Survey by Park 2. Sources and Uses Chart 3. Resolution Attachment #1 RENT ORDINANCE SURVEY BY PARK Name of Park Number of Spaces Spaces Under Ordinance Capri 69 0 Leisure Lake 134 65 Little Woods 77 77 Petaluma Estates 215 5 Royal Oaks 94 57 Sandalwood 177 37 Youngstown 102 76 Total Park Spaces 868 317 3 Attachment 92 MOBILE HOME RENT STABILIZATION PROGRAM Sources and Uses April 2014 4 2008 2009 2010 2011 2012 2013 2014 Revenues $9,400 $9,600 $14,365 $11,660 $15,275 $15,275 $20,605 Expenditures Son. Co. Comm. Dev 12,169 7,966 11,211 0 935 382 3,202 Son. Co. Attorney 0.00 0.00 0.00 0 0.00 0.00 0 Misc. 0.00 36.24 0.00 0 0.00 0.00 0 Total Expenditures $12,169 $8,002 $11,211 0 $935 $382 $3,202 Income (Loss) ($2,759) $1,597 $3,154 $11,660 $14,340 $14,893 $17,403 City Attorney Fees (32,158) (55,360) (44,678) (493) (214) 0 0 Income (Loss) after Atty Fees ($34,917) ($53,763) ($41,524) $11,166 $14,125 $14,893 $17,403 4 Attachment #3 RESOLUTION AUTHORIZING PROGRAM ADMINISTRATION FEES FOR THE MOBILE HOME PARK SPACE RENT STABILIZATION PROGRAM FOR 2014 WHEREAS, pursuant to Ordinance No. 1949 N.C.S., the City of Petaluma adopted a Mobile Home Park Space Rent Stabilization Program; and WHEREAS, pursuant to said ordinance, the City Council is authorized to adopt a Mobile Hone Park Space Rent Stabilization Program administration fee annually by resolution or ordinance: and WHEREAS, the City Council desires to set said administration fee effective April 30, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Approves a fee in the amount of sixty-five dollars ($65.00), effective as of April 30, 2014, as the mobile home park rent stabilization program administration fee ("Administration Fee") for each mobile hone space as defined in Ordinance No. 1949 N.C.S., including both occupied and unoccupied mobile home spaces in the owner's mobile home park except for those spaces subject to a rental agreement in full compliance with the requirements of Civil Code Sections 798.1 (a) and (b). 2. Directs that prior to April 30, 2014, each mobile home park owner shall receive an invoice from the City of Petaluma for the Administration Fee. 3. Directs that the City Clerk of the City of Petaluma shall forward payments of the Administration Fee to the clerk for administration of the mobile home park rent stabilization ordinance, and shall issue to each mobile home park owner a receipt for payment of the Administration Fee. 4. Directs, pursuant to Ordinance No. 1949 N.C.S., that any person owing money to the City pursuant hereto shall be liable to an action brought in the name of the City for the recovery of such amount. A service fee equal to one and one-half percent (1'/%) per month will be charged on all late payments of registration fees. 5