438786.1
RESOLUTION 2026-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
AUTHORIZING FEES FOR RENT STABILIZATION REGULATIONS FOR MOBILE
HOME PARKS PROGRAM, INCLUDING FEES FOR ANNUAL CPI RENT INCREASE
APPLICATIONS, CAPITAL IMPROVEMENT PASS-THROUGH APPLICATIONS, AND
FAIR RETURN RENT INCREASE APPLICATIONS
WHEREAS, the City has adopted Rent Stabilization Regulations for Mobile Home Parks (“RSRMHP”) to prevent excessive or unreasonable space rent increases while ensuring park owners may obtain a fair return; and
WHEREAS, the administration of the RSRMHP requires staff time and third-party hearing expenses to review and process applications for (1) annual CPI rent increases, (2) capital improvement pass-throughs, and (3) fair return rent increases; and WHEREAS, California Government Code sections 66014 and 66016 authorize cities to adopt regulatory and processing fees that do not exceed the estimated reasonable cost of providing the service, after public notice, data availability, and a public meeting; and require that such fees be adopted by ordinance or resolution; and the City has complied with all procedural requirements of Government Code section 66016, including mailing and posting of notice and making cost data available at least ten (10) days prior to the public meeting; and WHEREAS, the City desires to establish a fee schedule for RSRMHP applications to recover the City’s reasonable costs, including staff review, noticing, independent hearing officer time, transcription/record preparation, and overhead allocations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES RESOLVE AS FOLLOWS:
SECTION 1. Findings; Purpose.
The City Council finds the fees adopted by this Resolution are regulatory/processing fees intended solely to recover the City’s estimated reasonable costs to administer the RSRMHP application processes and are not imposed as taxes or for general revenue purposes. The fee amounts are based on comparative benchmarks (including Carson, California) and the City’s cost estimates for staff time, professional services, noticing, and overhead.
SECTION 2. Definitions.
Unless otherwise defined herein, capitalized terms have the meaning given in the RSRMHP and implementing regulations.
SECTION 3. Fee Schedule.
Effective on the date specified in Section 7, the following fees shall apply to RSRMHP applications:
A. Annual CPI Rent Increase Applications (administrative staff review):
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1. Base Application Fee: inclusive of intake/review/notice):
• $594 plus $10 per space subject to the application.
B. Capital Improvement Pass-Through Applications (hearing required):
1. Application Deposit: $9,217 plus $10.00 per space in the park.
2. Cost-Recovery/Reconciliation: Actual City costs (staff, hearing officer, noticing, transcript, independent review) shall be charged against the deposit; any shortfall is billed to the applicant and any surplus refunded at closeout.
C. Fair Return Rent Increase Applications (hearing required):
1. Application Deposit: $12,311 deposit plus $10 per space
2. Cost-Recovery/Reconciliation: Actual City costs shall be charged against the deposit; shortfalls billed, surpluses refunded.
D. Third-Party/Direct Costs.
In addition to the fees/deposits above, the applicant shall reimburse the City for direct third-party costs reasonably incurred to process the application (e.g., translation/interpretation, special noticing, outside financial/engineering consultants, hearing officer if separately retained). These costs may be drawn from deposits.
E. Annual Indexing.
The City Manager (or designee) may annually adjust the flat-fee and per-space amounts by up to the change in the Consumer Price Index used in the RSRMHP, rounded to the nearest dollar, and shall publish a schedule each year. Any larger changes require Council action.
F. Fee Waivers/Reductions.
The City Manager (or designee) may approve a partial fee waiver for demonstrated City error or duplicative filings if the fact of an earlier review of a duplicative filing reduces the burden to renew a later filing. No waivers shall reduce fees below the City’s recoverable costs.
SECTION 4. Cost Data; Compliance with Government Code § 66016.
The City has made available at least ten (10) days before adoption the data indicating the amount of cost, or estimated cost, required to provide the services for which the fees are levied and the anticipated revenue sources. The fees do not exceed the estimated reasonable cost of providing such services. Any revenues in excess of actual cost shall be used to reduce the fees in subsequent periods. (Gov. Code § 66016.) As fee deposits will be refunded if unused, this is unlikely.
SECTION 5. Fee Payment; Refunds; Non-Payment.
A. Fees and/or required deposits are due at filing.
B. If an application is withdrawn before hearing, the City will close the account and refund any unused deposit balance after deducting actual costs incurred to date. 438786.1
C. Failure to pay required deposits or reimburse shortfalls within the time specified by the City may result in an application being deemed incomplete or abandoned.
SECTION 6. Relationship to RSRMHP; Conflicts.
These fees supplement the RSRMHP and implementing regulations. In the event of conflict, the RSRMHP controls. Nothing in this Resolution alters any substantive rights of any tenant or owner under the RSRMHP.
SECTION 7. Effective Date.
This Resolution shall take effect immediately upon adoption. Fees herein apply to applications filed on or after __________, 2026.
SECTION 8. Severability.
If any portion of this Resolution is held invalid, the remainder shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED this ___ day of __________, 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Mike Johnson, Mayor
ATTEST:
__________________________________
Siana L. Emmons, City Clerk