Conclusion:
Staff recommends approving and authorizing the City Manager to execute the Grant of an Easement to Southern California Edison required for installation and maintenance of a utility pole support wire anchor in Rivera Park.
Steve Carmona
SC:NN:GE:KV:np
Enclosure: 1) Grant of Easement
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To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: DECLARATION OF DESIGNATED VEHICLES AND
EQUIPMENT AS SURPLUS
Recommendation:
1. Approve and declare the vehicles and equipment listed in Table 1 as surplus personal property and authorize the City Manager or his designee to execute all agreements necessary to facilitate the sale or disposal of vehicles.
Fiscal Impact:
There is no fiscal impact to the General Fund. Most vehicles are not operational; therefore, the City of Pico Rivera (City) anticipates it will not receive Kelley Blue Book value. The estimated amount to be received is approximately $40,000 to $60,000 for the surplus vehicles and equipment. Funds from most of the auctioned vehicles will be credited to the Equipment Replacement Fund (GL Account No. 170.00.0000-47100 Sales of Property).
Two (2) vehicles (Unit No. 287 and Unit No. 292) were purchased using Water Funds and proceeds from those vehicles will be credited to Water Fund 550 (Sales of Property) – Account No. 550.00.0000-47100.
Discussion:
The Public Works Department is responsible for the maintenance of all City vehicles, including compliance with all local and state regulations. The City's fleet currently has 12 vehicles and equipment with various mechanical issues, ranging from transmission repairs, electrical failures, and fluid leakages. Many of these vehicles do not meet current fuel and emission industry standards. In addition, performing maintenance and repairs to these aging vehicles is inefficient as the repair cost exceeds the value of the vehicle.
The Fleet Inventory List (Table I on page 3) identifies City vehicles and equipment that have either reached the end of their life cycle or, due to the type of vehicle or equipment, have become cost-prohibitive to repair and maintain. Eleven of the 12 vehicles exceed 100,000 miles and are over 10 years old. The remaining vehicle was involved in a collision and is now deemed inoperable.
16 COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
DECLARATION OF DESIGNATED VEHICLES AND EQUIPMENT AS SURPLUS
Pursuant to Pico Rivera Municipal Code (PRMC) Section 3.20.200 (Sale of Surplus Supplies and Equipment), the City Council must declare any asset valued over $60,000 as surplus prior to that asset being disposed of. PRMC Section 3.20.100 allows the City to sell aged and inoperable vehicles with professional auctioneers. Utilizing an auction process enables the City to secure the highest possible price for the vehicle, as competitive bidding may result in a higher resale value. It is, therefore, recommended that the City Council authorize the City Manager to proceed with the sale of the surplus vehicles at auction to achieve efficiency and maximize resale value.
Table 1 outlines the vehicles staff recommend selling at an auction. Miscellaneous out-ofservice equipment not included in the table will also be auctioned off with the vehicles.
Upon City Council approval, a third-party auction company will pick up the inventory of vehicles and equipment. Funds from the auctioned vehicles and equipment will be credited to the Equipment Replacement Fund and the Water Fund for future vehicle purchases and/or equipment replacement needs.
[This section is intentionally left blank]
COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
DECLARATION OF DESIGNATED VEHICLES AND EQUIPMENT AS SURPLUS
Table 1: Fleet Inventory List
UNIT
NO. YEAR/MAKE/MODEL DESCRIPTION DIVISION MILEAGE COMMENTS 1 254 2007 Ford F-250 Pick up Parks
Division 93,924
Engine
Transmission
Replacement
2 215 2000 Ford F-350 Stake Bed Truck Parks
Division 105,094 Transmission
replacement
3 285 2002 Chevy 2500 HD Utility truck Parks
Division 128,445
Transmission
and engine
replacement
4 259 1998 Grumman Olson Step Van Facilities
Division 158,778
Engine and
transmission
replacement
5 271 2004 Ford E-350 Utility Van Facilities
Division 76,283
Engine and
transmission
replacement
6 261 2002 GMC 3500 HD Stake Bed Street
Division 126,814
Smog
certification
non-compliant
7 203 2001 Ford F-250 Pickup Truck Parks
Division 143,965
Extensive
repairs
needed
8 262 1998 Chevy 3500 Step Van Facilities
Division 93,272 Engine
replacement
9 200 2001 GMC 2500 Pickup Truck Street
Division. 128,250
Smog
certification
non-compliant
10 287 2017 Ford F-150 Pickup Truck Water
Division 37,127
No longer
operable due
to traffic
collision
11 292 2008 Chevy 1500 Pickup Truck Water
Division 76,660
Engine issues
smog
certification
non-compliant
12 340 2006 BOBCAT S-185 Skid Steer
tractor
Street/Parks
Division N/A
Hydraulic
pump and
transmission
issues
COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024
DECLARATION OF DESIGNATED VEHICLES AND EQUIPMENT AS SURPLUS
Conclusion:
In an effort to dispose and remove vehicles that have exceeded their service life and are cost-prohibitive to maintain, staff recommends approving and declaring the vehicles and equipment listed in Table 1 as surplus personal property and authorizing the City Manager or his designee to execute all agreements necessary to facilitate the disposal and sale of these vehicles and equipment.
Steve Carmona
SC:NN:ML:np
To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET
REPORT AS OF SEPTEMBER 30, 2024
Recommendation:
1. Receive and file the fiscal year (FY) 2024-25 First Quarter Budget Report as of September 30, 2024, which represents the balances and activity for the first quarter (July through September) of the 2024-25 fiscal year.
Fiscal Impact:
The First Quarter Budget Report shows current revenues and expenditures for the first three (3) months of FY 2024-25, with an emphasis on the General Fund and Enterprise Funds.
Discussion:
On June 25, 2024, the City Council adopted the FY 2024-25 Budget, which includes projected General Fund revenues of $61,066,919 and expenditures of $61,066,919.
This is the First Quarter Budget Report for FY 2024-25 for the three-month period ending September 30, 2024. This report provides an overview of the City of Pico Rivera’s (City) financial position for the current fiscal year and includes quarterly public reporting. The City continues to closely monitor its revenues and expenditures to ensure it can proactively respond to unanticipated changes or emerging trends while promoting transparency in the City’s financial operations.
This report includes comparisons between the actual financial data for the first quarter of FY 2023-24 and that of FY 2024-25, along with budget-to-actual comparisons for FY 2024-25. This report reflects the most accurate and up-to-date information available at the time of publication. However, it is important to note that the numbers provided are unaudited and subject to change as the year progresses. Additionally, the City operates its budget on an annual budgetary basis, which may result in discrepancies between revenues and expenditures on a quarterly basis. The following factors should be taken into consideration when analyzing the first-quarter data:
• Property tax revenue has not yet been received (expected in mid-January and mid-May).
17 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
• Other major revenue categories, such as Transient Occupancy Tax (TOT), usually start receiving in the second and third months of the fiscal year. • Some significant costs are incurred upfront (for example, CalPERS payments and some contracts), with variances smoothing out over the fiscal year. • Some expenditure costs, such as Contracted Services, are expected to be expensed later in the fiscal year.
• Normal monthly fluctuations in revenues and expenditures make it challenging to identify definitive patterns, as insufficient receipts hinder the ability to draw clear conclusions.
• Some prior fiscal year amounts have been updated to include adjustments and reclassifications for the first quarter made later in the fiscal year.
Revenues
General Fund revenues through the first quarter totaled $5.65 million, or 9% of the annual budget of $61.07 million. Table 1 below shows revenues by category, including actual revenue comparisons between the first quarter of FY 2023-24 and FY 2024-25, as well as a comparison of revenue budget versus actual figures for FY 2024-25. It should be noted that certain revenues are collected and distributed by the State and County, resulting in delays between the actual collections reported to the City and the subsequent receipt of distribution by the City.
Table 1. General Fund Revenues by Category
Revenue Source
FY 23-24
1ST QUARTER
ACTUALS
FY 24-25
ADOPTED
BUDGET
FY 24-25
1ST QUARTER
ACTUALS
$
FY 23-24
vs.
FY 24-25
1ST QUARTER
ACTUALS
%
FY 23-24
vs.
FY 24-25
1ST QUARTER
ACTUALS
Percentage of
Budget
Realized
Sales Tax $ 1,673,558 $ 25,884,112 $ 1,722,251 $ 48,693 3% 7% Property Tax 69,401 14,683,687 75,557 6,156 8% 1%
Utility Users Tax (UUT) 628,613 4,169,534 707,097 78,484 11% 17% Licenses & Permits 483,513 2,312,000 483,735 223 0% 21% Business License Tax (BLT) 472,500 4,740,027 711,951 239,451 34% 15% Transient Occupancy Tax (TOT) - 500,000 - - 0% 0%
Other Taxes* 1,035,700 2,071,700 1,078,300 42,600 4% 52% Charges for Services 161,100 551,763 162,936 1,836 1% 30% All Other Revenues** 426,131 4,407,972 389,121 (37,010) (10%) 9% OPERATING REVENUE 4,950,516 59,320,795 5,330,949 380,433 7% 9% Transfers In*** 306,039 1,746,124 321,991 15,953 5% 18% TOTAL - GENERAL FUND REVENUE $ 5,256,555 $ 61,066,919 $ 5,652,941 $ 396,386 7% 9% *Includes Franchise Tax and Rubbish Franchise Fee
**Includes Fines & Forfeitures, Use of Money, Other Revenue, and Intergovernmental Revenue ***Includes Transfer In (Gas Tax)
General Fund operating revenues through the first quarter totaled $5.33 million, or 7% up compared to the same period in FY 2023-24. This growth is primarily attributed to the higher collections in Business License Tax (BLT), Utility Users Tax (UUT), and CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
Sales Tax compared to the prior fiscal year. Overall, total revenue stands at 9% of the budget for the first quarter of the current year.
Please note that Revenue collection percentages are typically lower for the first several months of the fiscal year due to various factors, including:
• Sales Taxes received in July and August are accrued for the preceding fiscal year.
• Property taxes are received and recorded in December, January, and April. • BLT received by our third-party administrator of BLT, HdL, in July are accrued for the preceding fiscal year, as they pertain to June taxes. • Other major revenue categories, such as UUT and TOT, usually start receiving in the fiscal year’s second and third months.
The General Fund has several revenue sources. Five (5) major categories include Sales Tax, Property Tax, UUT, BLT, and Licenses and Permits. o Sales tax is the largest source of revenue for the General Fund. The sales tax slightly increased by $49,000, or 3%, compared to this same period last fiscal year, primarily due to the strong performance in the Business and Industry and State and County Pools.
o Property tax, the second largest revenue source for the General Fund, is predominantly distributed during the third and fourth quarters of the fiscal year.
Although the Federal Reserve cut interest rates by 50 basis points on September 18, 2024, the limited inventory of homes for sale in the first quarter continued to result in a sluggish housing market. Any potential impact on property tax will be assessed and reported during the third quarter budget review. o UUT is higher this year compared to the same time last fiscal year by $75,500, or 8%, primarily attributed to an increase in remittance of the collection of cable and wired communications, as well as increased usage and pricing for electricity.
When examining the Electricity per Kilowatt Hour (EKH) during the summer months (July to September), this high-demand time period shows a significant rise in demand and usage, therefore resulting in higher costs for electricity use.
According to the Bureau of Labor Statistics, EKH in the Los Angeles Area increased by approximately 1% in 2024 compared to 2023. o BLT revenues are higher compared to this same period last year by $78,000, or 17%. In November 2022, the City voters overwhelmingly approved Measure AB to modernize the City’s outdated BLT fee structure and to provide equity for small businesses. The City has experienced more BLT revenues as more and more businesses renewed their licenses under the new fee structure implemented in January 2023 following the enactment of Measure AB.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
o Other Taxes category is coming in higher compared to this same period last year by $42,600, or 4%, this growth is attributed to higher Rubbish Franchise fee receipts from the City’s waste haulers, resulting from adjustments tied to the Consumer Price Index (CPI).
o All Other Revenues decreased by approximately $37,000, or 9%, primarily due to the decrease in the unclaimed Waste Management deposits, as well as a decline in the Fines and Forfeitures category due to fewer parking citations. o Transfers In includes the State of California Gas Tax, primarily the Highway Users’ Tax Account revenue, which is coming in slightly higher by approximately $16,000, or 5%, compared to this same period last year due to higher gas taxes collected and then distributed by the State Controller’s Office.
Expenditures
As of the first quarter, General Fund expenditures through the first quarter totaled $16.15 million, or 29% of the annual budget of $61.07 million.
Most department expenditures have increased from the same period last fiscal year, partially attributed to the increase in Salaries and Benefits as departments fill various vacancies and increased contributions to the City’s Other Post-Employment Benefit (OPEB). Statewide factors contributing to the City’s higher OPEB liability include changes to the discount rate and adjustments in healthcare trend rate assumptions, along with rising healthcare costs, longer retiree life expectancies, and demographic shifts in California’s workforce. Increasing medical and long-term care expenses, coupled with California’s high healthcare inflation, have significantly impacted liabilities across the state. These factors increased the City’s total OPEB liability by over $171,000 for FY 2024-25 compared to FY 2023-24.
Other notable cost increases stem from higher contracts and supplies expenses, rising healthcare insurance costs, and elevated insurance premiums as global markets adjust to increased claim activity and policy changes. The City anticipates further increases in General Liability and Workers’ Compensation premiums in the coming years. Table 2 below shows expenditures by Department.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
Table 2. General Fund Expenditures by Department
Department/Program
FY 23-24
1ST QUARTER
ACTUALS
FY 24-25
ADOPTED
BUDGET
FY 24-25
1ST QUARTER
ACTUALS
$
FY 23-24
vs.
FY 24-25
1ST QUARTER
ACTUALS
%
FY 23-24
vs.
FY 24-25
1ST QUARTER
ACTUALS
Percentage of
Budget Used
Administration 541,116 2,251,828 522,057 (19,059) (4%) 23% Public Safety 3,435,857 14,797,684 3,500,709 64,852 2% 24% Administrative Services 655,993 3,437,655 713,732 57,739 8% 21% Community and Economic Dev 1,037,664 6,668,454 1,116,429 78,765 7% 17% Human Resources 277,143 1,311,617 308,170 31,027 10% 23% Non-Departmental* 4,763,717 7,340,218 5,683,325 919,608 16% 77% Parks and Recreation 1,580,099 7,840,854 1,818,324 238,225 13% 23% Public Works 1,942,739 11,353,609 2,487,680 544,941 22% 22% GENERAL FUND OPERATING EXPENDITURES 14,234,328 55,001,919 16,150,426 1,916,098 12% 29% Operating Transfers Out 1,065,000 1,065,000 1,065,000 - 0% 100% Non-Operating Transfers Out** - 5,000,000 5,000,000 5,000,000 100% 100% TOTAL - GENERAL FUND EXPENDITURES 15,299,328 61,066,919 22,215,426 6,916,098 31% 36% *Includes Vacancy Savings
**Includes Interfund Transfers for Capital Improvement Projects Discussion of Departments with significant variances from the prior year are as follows:
• Administration expenditures for the first quarter is slightly lower compared to the same period last year due to the reallocation of labor costs for certain positions from the General Fund to Special Funds. This shift better aligns labor costs with the specific projects and activities they support, resulting in savings to the General Fund.
• Public Safety expenditures for the Los Angeles County Sheriff’s Department (LASD) are tracking higher compared to the same period last year due to the LASD contract increases, the annual subscription for the Automated License Plate Reader (ALPR) program, and the additional security services provided by Southwest Patrol Inc.
• Administrative Services is tracking higher compared to the same period last year due to filling a previously vacant position and increased OPEB contribution. • Community and Economic Development is tracking higher compared to the same period last year due to filing a previously vacant position and increased OPEB contribution.
• Human Resources is tracking higher compared to this same period last fiscal year, primarily due to increased OPEB contribution and the addition of a new online evaluation program.
• Parks and Recreation is tracking higher compared to the same period last fiscal year due to the filling of two (2) Manager positions, an increase in hourly salaries for parks and seasonal programs such as Camps, Youth Sports, Senior Services, Special Events, and Facilities Programs, and higher OPEB contributions.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
• Public Works is coming in higher compared to the same period last year primarily due to the increased costs for Contracted Services such as street sweeping, tree trimming, landscaping and maintenance, and graffiti abatement. Other notable increases include rising utility costs and higher OPEB contributions. • Non-Departmental is tracking higher compared to this same period last year primarily due to annual rate increases, including higher Public Employees Retirement (PERS) costs and increased contributions towards the City’s Unfunded Actuarial Liability (UAL) obligations. Additionally, the General Liability and Worker’s Compensation insurance premiums increased due to significant pressures within the broader insurance market, despite the fact that the City itself has not experienced any large claims. The market, as a whole, has seen a rise in high-cost claims due to expanded liability exposures and increased payout amounts to cover the higher replacement and repair costs. • Operating Transfers Out includes the $1.065 million Sales Tax Pledge from the General Fund to the Successor Agency (Fund 851).
• Non-Operating Transfers Out includes the Capital Improvement Project funding of $5 million for Pavement Management. The funding is essential for achieving the City’s objective of raising the Pavement Condition Index from 55 to a healthy
67. A similar transfer was made in June of the previous fiscal year.
General Fund Citywide
At the end of the first quarter, expenditures exceed revenues, primarily due to the timing of certain revenue streams, such as Property, Franchise, and TOT, which are received later in the year. This trend is further impacted by upfront expenditures including the Sales Tax Pledge transfer to the Successor Agency, the CalPERS UAL payment, General Liability insurance premiums, General Fund transfers for Capital Improvement Projects, and some contracted services that require first-quarter payments.
The first quarter budget report is developed using three (3) months of actual (unaudited) activity for FY 2024-25. Aside from these identified variances, both revenues and expenditures are tracking as expected. To assess consistency, this analysis compares actual (unaudited) first-quarter activity with the same period from the prior fiscal year.
Table 3 below provides a summary of citywide General Fund revenues and expenditures.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
Table 3. General Fund Revenues and Expenditures Citywide Totals FY 23-24
1ST QUARTER
ACTUALS
FY 24-25
ADOPTED
BUDGET
FY 24-25
1ST QUARTER
ACTUALS
$
FY 23-24
vs.
FY 24-25
1ST QUARTER
ACTUALS
%
FY 23-24
vs.
FY 24-25
1ST QUARTER
ACTUALS
Percentage of
Budget
REVENUE* $ 5,256,555 $ 61,066,919 $ 5,652,941 $ 396,386 7% 9% EXPENDITURES** 15,299,328 61,066,919 22,215,426 6,916,098 31% 36% SURPLUS / (DEFICIT) $ (10,042,773) $ - $ (16,562,486) $ (6,519,712) 39% *Includes Non-Operating Transfers In (Gas Tax and Intergovernmental Transfers) **Includes Vacancy Savings and Interfund Transfers for Capital Improvement Projects Enterprise Funds
The City has four (4) Enterprise Funds: Water Authority, PRIME, Golf Course, and Sports Arena. Collectively, these are separate funds where the City charges a fee to customers to cover all or most of the costs of services it provides. The total Enterprise Funds summary of revenues and expenses as of September 30, 2024, is outlined in the table below. The FY 2024-25 Mid-Year Budget Report will provide an update on activities and projected year-end estimates.
Table 5. Enterprise Funds Revenues and Expenses Totals
Water Operations PRIME Golf Course Sports Arena
Revenue $ 2,534,541 $ 8,026,207 $ 117,455 $ 81,625
Expenditures $ 1,755,468 $ 6,710,052 $ 461,419 $ 48,118 OPERATING SURPLUS / (DEFICIT) $ 779,073 $ 1,316,155 $ (343,963) $ 33,507 Less: Capital Outlay $ 320,577 $ - $ - $ -
TOTAL SURPLUS / (DEFICIT) $ 458,495 $ 1,316,155 $ (343,963) $ 33,507 FY 2024-25 Enterprise Funds First Quarter Results
Water Operations Enterprise Fund
The Water Operations Enterprise Fund accounts for the operation and maintenance of the City’s water treatment, transmission, and distribution system. The FY 2024-25 Water Fund revenues reflect the implementation of the annual water rate increase that the City Council adopted on April 27, 2021. Expenses for the same period include three (3) ongoing Capital Improvement Projects: the Water Treatment System, Water Facility Improvements, and Water Main Replacement.
Pico Rivera Innovative Municipal Energy (PRIME) Fund
The PRIME Fund includes the revenues and expenses associated with purchasing and selling “greener” energy for customers. In the first quarter of FY 2024-25, PRIME Fund revenues reflect a rate increase in October 2023, which the City Council approved in February 2023. The PRIME Fund has experienced increased revenues and expenses, reflecting increased energy demand and consumption. Warmer summer temperatures significantly impact energy usage. As temperatures increase, residents and businesses CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FISCAL YEAR 2024-25 – FIRST QUARTER BUDGET REPORT AS OF SEPTEMBER 30, 2024
rely more heavily on air conditioning, driving a surge in energy demand. This elevated demand, in turn, boosts PRIME’s revenue.
Golf Course Fund
The Pico Rivera Golf Course experienced decreased revenues and increased expenses in the first quarter of FY 2024-25. In February 2024, a new management company was brought on to revitalize the course, offering an expanded range of services, enhanced expertise, and higher operational standards. While revenues haven’t yet increased, expenses have risen primarily due to materials costs, service fees, and contract management expenses related to this transition. The City anticipates this initial investment will lay a solid foundation for future growth and an improved visitor experience.
Sports Arena Fund
The Sports Arena has surpassed pre-pandemic operations levels, experiencing an increase in both rentals and hosted events. The increase in activity has resulted in slightly higher revenues due to the growing demand for the arena, while expenses remain within budget.
Conclusion:
This quarterly report provides an overview of the City’s operating revenues and expenditures for the first quarter ending September 30, 2024, compared to the same period last year. The City is currently in the process of closing the prior fiscal year. The financial results from the prior fiscal year and the FY 2024-25 first quarter data indicate that the City is progressing toward its goal of achieving structural balance through fiscal discipline. Departments continue to work to minimize the impact on the General Fund while addressing financial pressures and should be commended for their efforts.
Staff will continue to monitor each revenue source and expenditure activity closely and will evaluate opportunities to enhance revenues and reduce expenditures effectively.
The FY 2024-25 Mid-Year Budget Report will provide an update on General Fund and Enterprise Fund activities, recommended budget adjustments, and project year-end estimates for the City Council’s consideration.
Steve Carmona
SC:AG:JG:DS:ep
Enclosures: 1) First Quarter FY 2024-25 General Fund Budget Revenue and Expenditure Budget Report
2) First Quarter FY 2024-25 Enterprise Funds Revenue and Expense Budget Report
Enclosure 1
Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD 13,116,112.00 .00 13,116,112.00 834,345.77 .00 834,345.77 12,281,766.23 6 777,751.97 12,768,000.00 .00 12,768,000.00 904,438.26 .00 904,438.26 11,863,561.74 7 895,806.10 .00 .00 .00 (444.30) .00 (16,532.83) 16,532.83 +++ .00
1,000,000.00 .00 1,000,000.00 .00 .00 .00 1,000,000.00 0 .00 108,651.00 .00 108,651.00 8,380.08 .00 21,820.16 86,830.84 20 14,422.93 500,000.00 .00 500,000.00 .00 .00 .00 500,000.00 0 .00
4,169,534.00 .00 4,169,534.00 411,362.36 .00 707,097.41 3,462,436.59 17 628,612.99 1,071,700.00 .00 1,071,700.00 .00 .00 1,078,300.00 (6,600.00) 101 1,035,700.00 14,000.00 .00 14,000.00 3,230.00 .00 5,155.00 8,845.00 37 8,395.00 4,674,027.00 .00 4,674,027.00 320,458.07 .00 657,585.51 4,016,441.49 14 416,886.89 3,000.00 .00 3,000.00 .00 .00 .00 3,000.00 0 15.00
90,000.00 .00 90,000.00 7,378.23 .00 19,551.79 70,448.21 22 21,148.23 (52,000.00) .00 (52,000.00) (15,578.74) .00 (28,613.64) (23,386.36) 55 .00 25,000.00 .00 25,000.00 24,504.75 .00 63,304.51 (38,304.51) 253 34,449.83 .00 .00 .00 .00 .00 123.00 (123.00) +++ .00
8,000.00 .00 8,000.00 905.20 .00 1,574.80 6,425.20 20 1,375.60 1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00
.00 .00 .00 .00 .00 520.00 (520.00) +++ .00
8,000.00 .00 8,000.00 350.00 .00 350.00 7,650.00 4 350.00 750,000.00 .00 750,000.00 65,499.64 .00 160,435.92 589,564.08 21 178,889.68 .00 .00 .00 1,627.29 .00 3,836.87 (3,836.87) +++ .00
4,000.00 .00 4,000.00 436.01 .00 1,434.48 2,565.52 36 1,159.14 105,000.00 .00 105,000.00 12,010.00 .00 27,955.50 77,044.50 27 22,832.50 175,000.00 .00 175,000.00 15,408.00 .00 41,008.00 133,992.00 23 37,519.50 50,000.00 .00 50,000.00 5,359.00 .00 13,707.00 36,293.00 27 13,994.50 160,000.00 .00 160,000.00 328.00 .00 328.00 159,672.00 0 .00 150,000.00 .00 150,000.00 4,741.00 .00 30,602.25 119,397.75 20 40,464.75 650,000.00 .00 650,000.00 49,667.32 .00 113,305.09 536,694.91 17 106,544.56 4,000.00 .00 4,000.00 351.00 .00 934.00 3,066.00 23 1,014.00 85,000.00 .00 85,000.00 812.34 .00 18,154.16 66,845.84 21 14,694.00 75,000.00 .00 75,000.00 2,864.27 .00 2,864.27 72,135.73 4 4,392.34 1,250,000.00 .00 1,250,000.00 96,183.00 .00 187,517.26 1,062,482.74 15 199,747.22 60,000.00 .00 60,000.00 23,479.45 .00 23,479.45 36,520.55 39 12,817.20 25,000.00 .00 25,000.00 470.00 .00 2,350.00 22,650.00 9 1,880.00 2,104,632.00 .00 2,104,632.00 .00 .00 .00 2,104,632.00 0 .00 13,776.00 .00 13,776.00 1,925.89 .00 5,777.67 7,998.33 42 3,849.78 10,524,580.00 .00 10,524,580.00 .00 .00 .00 10,524,580.00 0 .00 400,000.00 .00 400,000.00 .00 .00 .00 400,000.00 0 .00
4,050,456.00 .00 4,050,456.00 .00 .00 53,736.54 3,996,719.46 1 54,978.09 163,200.00 .00 163,200.00 .00 .00 .00 163,200.00 0 .00
35,000.00 .00 35,000.00 2,760.00 .00 2,760.00 32,240.00 8 5,244.00 170,000.00 .00 170,000.00 27,115.00 .00 59,791.00 110,209.00 35 53,271.00 .00 .00 .00 .00 .00 .00 .00 +++ 144.00
250.00 .00 250.00 .00 .00 .00 250.00 0 .00
7,000.00 .00 7,000.00 .00 .00 252.00 6,748.00 4 137.87
45,320.00 .00 45,320.00 1,897.00 .00 10,284.00 35,036.00 23 22,588.00 45,000.00 .00 45,000.00 4,355.00 .00 6,320.00 38,680.00 14 6,055.00 37,853.00 .00 37,853.00 400.00 .00 1,075.00 36,778.00 3 9,666.00 110,000.00 .00 110,000.00 11,401.00 .00 39,807.00 70,193.00 36 31,608.00 1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00
90,000.00 .00 90,000.00 3,762.50 .00 23,372.50 66,627.50 26 24,708.50 850.00 .00 850.00 58.00 .00 127.00 723.00 15 213.00
5,256.00 .00 5,256.00 .00 .00 660.00 4,596.00 13 1,080.00 25,000.00 .00 25,000.00 2,976.00 .00 5,474.00 19,526.00 22 6,162.00 17,000.00 .00 17,000.00 2,640.00 .00 5,715.00 11,285.00 34 4,880.00 Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
46602 Parks and Rec - Senior Center
46513 Parks and Rec - Batting Cages
46520 Parks and Rec - Go Getters Program Dues
46601 Parks and Rec - Trips & Tours
46510 Parks and Rec - Contract Programs
46511 Parks and Rec - Fees & Programs
46512 Parks and Rec - Field & Facility Rentals
46504 Parks and Rec - Special Events
46508 Parks and Rec - Youth Sports
46509 Parks and Rec - Adult Sports
46300 Parking Permit
46310 Inoperative Vehicle Extension
46350 Residential Parking Permit
45500 COPS Allocation
46000 Impound Service Charge
46100 Zoning And Planning Fee
44200 Property Tax-In Lieu Of
45000 State Grants
45400 Property Tax - AB1197
42302 Foreclosure Prgm-Registration
43100 Interest Income
43200 Rents And Concessions
42100 Vehicle Code Fines
42200 Other Court Fines
42300 Storm Drain Revenue
42000 Plan Check Fees
42010 Record Retention Surcharge
42050 Administrative Citation
41700 Heating Air Cond Permit
41800 Dog License
41900 Other License & Permits
41350 Automated Permit System
41400 Plumbing Permits
41500 Electrical Permits
41200 Regulatory Permit
41300 Building Permits
41315 General Plan Maintenance Fee
41115 SB1186 Fee
41120 Home Occupation - Planning Review
41130 Tobacco Retailer License
41106 Discovered Business License Processing Fee (contra account)
41110 Business License Late Fee
41111 Business License Delinquent Fee
41100 Business License Tax
41101 Business License Tax- Delinquent
41105 Business License Processing Fee
40700 Utility Users Tax
40800 Rubbish Franchise Fee
41000 Certificate of Occupancy Permit
40200 Franchise Tax
40400 Property Transfer Tax
40500 Transient Occupancy Tax
Department 00 - Non-Departmental Revenue
40100 Sales And Use Taxes
40101 Sales And Use Taxes - Measure P
40102 Sales Tax Revenue Contra Account
Account Account Description
Fund 100 - General Fund
REVENUE
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 1 of 8 17a Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
7,622.00 .00 7,622.00 .00 .00 .00 7,622.00 0 .00
3,612.00 .00 3,612.00 240.00 .00 325.00 3,287.00 9 3,395.00 85,000.00 .00 85,000.00 .00 .00 47,437.00 37,563.00 56 25,552.00 250.00 .00 250.00 12.00 .00 109.90 140.10 44 116.60
150,000.00 .00 150,000.00 134,035.00 .00 139,105.01 10,894.99 93 161,771.01 .00 .00 .00 .00 .00 .00 .00 +++ 8,600.00
5,000.00 .00 5,000.00 .00 .00 .00 5,000.00 0 .00
2,000.00 .00 2,000.00 .00 .00 .00 2,000.00 0 .00
60,000.00 .00 60,000.00 817.14 .00 2,549.90 57,450.10 4 1,499.34 21,434.00 .00 21,434.00 .00 .00 21,600.00 (166.00) 101 20,700.00 .00 .00 .00 597.88 .00 597.88 (597.88) +++ .00
1,746,124.00 .00 1,746,124.00 159,307.73 .00 321,991.26 1,424,132.74 18 306,038.71 2,000.00 .00 2,000.00 .00 .00 703.70 1,296.30 35 4,211.40
5.00 .00 5.00 .00 .00 .00 5.00 0 .00
50,000.00 .00 50,000.00 5,788.46 .00 13,988.66 36,011.34 28 17,247.13 18,000.00 .00 18,000.00 1,704.00 .00 4,512.00 13,488.00 25 4,252.50 6,000.00 .00 6,000.00 1,385.98 .00 2,795.12 3,204.88 47 2,561.96 15,675.00 .00 15,675.00 1,152.36 .00 5,141.43 10,533.57 33 5,160.17 $61,066,919.00 $0.00 $61,066,919.00 $3,142,896.94 $0.00 $5,652,940.56 $55,413,978.44 9% $5,256,554.99 $61,066,919.00 $0.00 $61,066,919.00 $3,142,896.94 $0.00 $5,652,940.56 $55,413,978.44 9% $5,256,554.99 101,123.00 .00 101,123.00 3,794.50 .00 11,383.50 89,739.50 11 11,383.50 1,625.00 .00 1,625.00 .00 .00 .00 1,625.00 0 .00
1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00
23,701.00 .00 23,701.00 580.08 .00 1,749.79 21,951.21 7 1,867.56 6,795.00 .00 6,795.00 276.26 .00 828.78 5,966.22 12 828.78 1,182.00 .00 1,182.00 .00 .00 .00 1,182.00 0 .00
37,288.00 .00 37,288.00 3,037.04 .00 7,186.72 30,101.28 19 10,995.20 16,724.00 .00 16,724.00 1,118.22 .00 2,236.44 14,487.56 13 2,984.20 15,000.00 .00 15,000.00 1,250.00 .00 2,500.00 12,500.00 17 3,125.00 2,400.00 .00 2,400.00 200.00 .00 400.00 2,000.00 17 500.00 4,878.00 .00 4,878.00 .00 .00 4,878.00 .00 100 1,888.04 1,466.00 .00 1,466.00 92.29 .00 258.15 1,207.85 18 260.88 1,103.00 .00 1,103.00 30.00 .00 45.91 1,057.09 4 18.53
500.00 .00 500.00 .00 .00 95.54 404.46 19 141.84
400.00 .00 400.00 .00 .00 .00 400.00 0 .00
4,500.00 1,321.00 5,821.00 5,796.00 .00 5,821.00 .00 100 .00 300.00 .00 300.00 .00 .00 .00 300.00 0 .00
150.00 .00 150.00 .00 .00 .00 150.00 0 .00
6,500.00 .00 6,500.00 22.05 .00 53.44 6,446.56 1 .00
13,500.00 .00 13,500.00 .00 .00 .00 13,500.00 0 .00
15,000.00 (1,321.00) 13,679.00 2,973.82 .00 8,652.07 5,026.93 63 26,290.61 39,900.00 .00 39,900.00 .00 .00 .00 39,900.00 0 2,292.76 1,521.00 .00 1,521.00 .00 .00 1,521.00 .00 100 .00
$296,556.00 $0.00 $296,556.00 $19,170.26 $0.00 $47,610.34 $248,945.66 16% $62,576.90 707,368.00 .00 707,368.00 53,637.25 .00 163,394.45 543,973.55 23 179,728.07 8,750.00 .00 8,750.00 .00 .00 .00 8,750.00 0 .00
.00 .00 .00 .00 .00 .00 .00 +++ 132.67
159,830.00 .00 159,830.00 11,149.76 .00 35,460.77 124,369.23 22 41,824.98 7,074.00 .00 7,074.00 1,161.41 .00 3,846.38 3,227.62 54 5,189.00 8,268.00 .00 8,268.00 .00 .00 .00 8,268.00 0 .00
6,224.00 .00 6,224.00 531.16 .00 1,320.19 4,903.81 21 1,374.02 72,244.00 .00 72,244.00 5,813.93 .00 14,697.32 57,546.68 20 14,055.24 18,621.00 .00 18,621.00 1,551.80 .00 3,163.27 15,457.73 17 4,625.51 10,080.00 .00 10,080.00 840.00 .00 1,755.00 8,325.00 17 2,650.00 3,060.00 .00 3,060.00 255.00 .00 525.00 2,535.00 17 750.00 600.00 .00 600.00 50.00 .00 100.00 500.00 17 125.00
51903 Auto Allowance
51904 Technology Stipend
51905 Bilingual Pay
51700 Disability Insurance
51900 Group Health & Life Ins
51901 Cash Back Incentive Pay
51500 Public Employees Retirement (PERS)
51504 Deferred Compensation
51600 Workers Compensation
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
51300 Overtime
56910 Legal Service
57900 Equipment Replacement
Department 10 - Administration- City Council Totals
Department 11 - Administration- City Manager
54100 Special Departmental Expenses
54400 Professional Services
54800 Convention & Mtg Expenses
52600 Membership & Dues
52700 Books & Periodicals
53610 Cost Reimbursements
52200 Departmental Supplies
52205 Office Supplies
52300 Advertising & Publications
51904 Technology Stipend
51907 OPEB Cost Allocation
51930 Medicare/Employer Porti
51900 Group Health & Life Ins
51901 Cash Back Incentive Pay
51903 Auto Allowance
51500 Public Employees Retirement (PERS)
51501 PT Retirement
51600 Workers Compensation
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
51300 Overtime
48970 CBC Rebate Program
Department 00 - Non-Departmental Revenue Totals
REVENUE TOTALS
EXPENSE
Department 10 - Administration- City Council
48835 Technology Surcharge
48836 Training Surcharge AB 717- fee per permit issued
48840 Current Service Charges
47900 Transfer In
47920 Recycling Program Revenue
48820 Rentals
47610 Cost Reimbursements
47612 Cost Recovery- Road Impacts (Rubbish Vehicles)
47620 Coop Purchasing Program FCCC
47220 Donation & Sponsorship
47300 Damages to City Property
47310 Restitution
46607 Parks and Rec - Camps
46900 Reproduction Charges
47200 Miscellaneous Revenue
46603 Parks and Rec - Business-Family Engage
46605 Parks and Rec - Community Garden
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 2 of 8 Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
4,285.00 .00 4,285.00 169.20 .00 558.79 3,726.21 13 606.16 34,118.00 .00 34,118.00 .00 .00 34,118.00 .00 100 24,973.65 10,257.00 .00 10,257.00 816.84 .00 2,477.80 7,779.20 24 2,726.17 1,500.00 .00 1,500.00 .00 .00 .00 1,500.00 0 .00
500.00 .00 500.00 17.56 .00 155.30 344.70 31 152.84
300.00 .00 300.00 .00 .00 .00 300.00 0 .00
4,500.00 .00 4,500.00 49.95 .00 49.95 4,450.05 1 149.85 2,500.00 .00 2,500.00 (66.61) .00 (66.61) 2,566.61 -3 126.97 30,000.00 155.00 30,155.00 5,775.00 19,380.00 5,775.00 5,000.00 83 5,760.00 28,750.00 91,313.00 120,063.00 40,811.19 47,063.38 42,468.34 30,531.28 75 74,594.65 10,000.00 .00 10,000.00 1,951.13 .00 2,701.13 7,298.87 27 10,192.18 67,022.00 .00 67,022.00 .00 .00 .00 67,022.00 0 940.98
7,275.00 .00 7,275.00 .00 .00 7,275.00 .00 100 .00
$1,203,126.00 $91,468.00 $1,294,594.00 $124,514.57 $66,443.38 $319,775.08 $908,375.54 30% $370,677.94 196,578.00 .00 196,578.00 14,512.77 .00 43,412.83 153,165.17 22 38,137.25 3,562.00 .00 3,562.00 .00 .00 .00 3,562.00 0 .00
.00 .00 .00 .00 .00 .00 .00 +++ 879.72
44,417.00 .00 44,417.00 3,279.87 .00 9,811.24 34,605.76 22 8,936.97 1,966.00 .00 1,966.00 145.14 .00 432.91 1,533.09 22 208.13 2,298.00 .00 2,298.00 .00 .00 .00 2,298.00 0 .00
1,809.00 .00 1,809.00 151.90 .00 375.82 1,433.18 21 315.82 46,507.00 .00 46,507.00 3,722.48 .00 9,273.12 37,233.88 20 8,340.96 4,320.00 .00 4,320.00 360.00 .00 720.00 3,600.00 17 180.00 .00 .00 .00 .00 .00 .00 .00 +++ 115.00
9,481.00 .00 9,481.00 .00 .00 9,481.00 .00 100 10,232.75 2,850.00 .00 2,850.00 215.65 .00 642.53 2,207.47 23 570.05 3,000.00 .00 3,000.00 423.62 .00 423.62 2,576.38 14 911.21 35,000.00 .00 35,000.00 1,474.65 30,654.35 4,345.65 .00 100 8,784.10 150,000.00 .00 150,000.00 .00 .00 1,295.91 148,704.09 1 .00 1,055.00 .00 1,055.00 .00 .00 250.00 805.00 24 500.00
900.00 .00 900.00 .00 .00 .00 900.00 0 .00
300.00 .00 300.00 .00 .00 .00 300.00 0 309.80
250.00 .00 250.00 .00 .00 .00 250.00 0 .00
8,500.00 .00 8,500.00 .00 5,800.00 .00 2,700.00 68 .00
70,000.00 .00 70,000.00 6,471.78 37,592.00 7,419.66 24,988.34 64 5,742.07 4,640.00 .00 4,640.00 175.00 .00 175.00 4,465.00 4 .00
2,400.00 .00 2,400.00 .00 .00 .00 2,400.00 0 1,670.39
35,000.00 .00 35,000.00 .00 .00 .00 35,000.00 0 1,557.05 1,103.00 .00 1,103.00 .00 .00 1,103.00 .00 100 .00
$625,936.00 $0.00 $625,936.00 $30,932.86 $74,046.35 $89,162.29 $462,727.36 26% $87,391.27 126,210.00 .00 126,210.00 45,039.56 .00 65,509.56 60,700.44 52 20,470.00 $126,210.00 $0.00 $126,210.00 $45,039.56 $0.00 $65,509.56 $60,700.44 52% $20,470.00 .00 .00 .00 .00 .00 .00 .00 +++ 13,052.74
14,797,684.00 1,008,910.00 15,806,594.00 1,258,590.97 11,307,579.40 3,500,708.85 998,305.75 94 3,422,804.26 $14,797,684.00 $1,008,910.00 $15,806,594.00 $1,258,590.97 $11,307,579.40 $3,500,708.85 $998,305.75 94% $3,435,857.00 1,584,635.00 (89,000.00) 1,495,635.00 82,599.26 .00 249,765.47 1,245,869.53 17 244,830.66 20,507.00 .00 20,507.00 .00 .00 5,725.94 14,781.06 28 .00 52,000.00 .00 52,000.00 1,806.68 .00 6,107.01 45,892.99 12 .00 2,000.00 .00 2,000.00 .00 .00 .00 2,000.00 0 .00
358,049.00 .00 358,049.00 18,794.12 .00 56,817.24 301,231.76 16 59,303.68 1,950.00 .00 1,950.00 67.75 .00 229.01 1,720.99 12 .00
15,847.00 .00 15,847.00 796.73 .00 2,412.98 13,434.02 15 2,423.21 18,521.00 .00 18,521.00 .00 .00 .00 18,521.00 0 .00
14,561.00 .00 14,561.00 868.36 .00 2,235.56 12,325.44 15 1,969.89 51800 Unemployment Insurance .00 .00 .00 .00 .00 .00 .00 +++ 93.50 51504 Deferred Compensation
51600 Workers Compensation
51700 Disability Insurance
51300 Overtime
51500 Public Employees Retirement (PERS)
51501 PT Retirement
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
51200 Hourly Salaries
54100 Special Departmental Expenses
54500 Contracted Services
Department 15 - Administration- Law Enforcement Totals
Department 20 - Finance
Department 12 - Administration- City Clerk Totals
Department 14 - Administration- City Attorney
54500 Contracted Services
Department 14 - Administration- City Attorney Totals
Department 15 - Administration- Law Enforcement
54900 Professional Development
56910 Legal Service
57900 Equipment Replacement
54400 Professional Services
54500 Contracted Services
54800 Convention & Mtg Expenses
52700 Books & Periodicals
53200 Mileage Reimbursement
53300 Equipment Maintenance & Repairs
52300 Advertising & Publications
52500 Election Expense
52600 Membership & Dues
51907 OPEB Cost Allocation
51930 Medicare/Employer Porti
52200 Departmental Supplies
51900 Group Health & Life Ins
51903 Auto Allowance
51905 Bilingual Pay
51504 Deferred Compensation
51600 Workers Compensation
51700 Disability Insurance
51120 Vacation/Sick Leave Accrual Pay-Out
51300 Overtime
51500 Public Employees Retirement (PERS)
57900 Equipment Replacement
Department 11 - Administration- City Manager Totals
Department 12 - Administration- City Clerk
51100 Salaries
54500 Contracted Services
54800 Convention & Mtg Expenses
56910 Legal Service
52600 Membership & Dues
54100 Special Departmental Expenses
54400 Professional Services
52200 Departmental Supplies
52205 Office Supplies
52300 Advertising & Publications
51906 Post Employment Health Plan
51907 OPEB Cost Allocation
51930 Medicare/Employer Porti
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 3 of 8 Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
280,537.00 .00 280,537.00 17,356.90 .00 44,956.41 235,580.59 16 34,857.47 32,497.00 .00 32,497.00 2,548.06 .00 5,096.12 27,400.88 16 7,116.20 7,680.00 .00 7,680.00 320.00 .00 640.00 7,040.00 8 887.50 2,880.00 .00 2,880.00 120.00 .00 240.00 2,640.00 8 326.25 1,050.00 .00 1,050.00 62.50 .00 118.75 931.25 11 162.50 3,021.00 .00 3,021.00 132.86 .00 394.72 2,626.28 13 381.49 76,430.00 .00 76,430.00 .00 .00 76,430.00 .00 100 49,494.40 22,978.00 .00 22,978.00 1,268.12 .00 3,923.14 19,054.86 17 3,673.22 1,200.00 .00 1,200.00 .00 .00 36.41 1,163.59 3 .00
5,000.00 .00 5,000.00 271.72 .00 1,714.22 3,285.78 34 349.14 2,500.00 .00 2,500.00 355.24 .00 4,002.14 (1,502.14) 160 .00 .00 .00 .00 1,435.50 .00 1,435.50 (1,435.50) +++ .00
8,630.00 .00 8,630.00 .00 .00 .00 8,630.00 0 .00
1,820.00 .00 1,820.00 .00 .00 .00 1,820.00 0 .00
543,901.00 556.00 544,457.00 84,024.00 63,000.00 109,537.97 371,919.03 32 120,707.41 100.00 .00 100.00 .00 .00 .00 100.00 0 .00
.00 .00 .00 .00 .00 .00 .00 +++ 22.06
3,100.00 .00 3,100.00 .00 .00 .00 3,100.00 0 8,115.06
4,500.00 .00 4,500.00 231.45 .00 231.45 4,268.55 5 3,137.12 134,738.00 1,080.00 135,818.00 42,078.97 74,984.25 48,947.75 11,886.00 91 32,526.54 131,220.00 89,000.00 220,220.00 46,610.00 86,032.50 66,967.50 67,220.00 69 71,630.69 2,500.00 .00 2,500.00 665.39 .00 1,086.12 1,413.88 43 395.50 7,850.00 .00 7,850.00 .00 .00 .00 7,850.00 0 .00
13,450.00 .00 13,450.00 465.00 .00 2,195.00 11,255.00 16 499.00 18,000.00 .00 18,000.00 .00 .00 .00 18,000.00 0 925.52
53,900.00 .00 53,900.00 4,323.99 .00 12,377.24 41,522.76 23 12,164.96 .00 717.00 717.00 (716.63) .00 .00 717.00 0 .00
10,103.00 .00 10,103.00 5.49 .00 10,108.49 (5.49) 100 .00 $3,437,655.00 $2,353.00 $3,440,008.00 $306,491.46 $224,016.75 $713,732.14 $2,502,259.11 27% $655,992.97 2,530,222.00 .00 2,530,222.00 162,158.23 .00 517,342.34 2,012,879.66 20 496,898.25 55,173.00 .00 55,173.00 .00 .00 4,060.03 51,112.97 7 .00 207,845.00 .00 207,845.00 7,195.00 .00 18,699.00 189,146.00 9 15,862.00 6,000.00 .00 6,000.00 161.30 .00 161.30 5,838.70 3 91.70 577,361.00 .00 577,361.00 36,764.75 .00 115,328.68 462,032.32 20 123,450.74 7,795.00 .00 7,795.00 269.81 .00 724.74 7,070.26 9 140.25 25,302.00 .00 25,302.00 811.43 .00 2,584.89 22,717.11 10 2,668.14 29,573.00 .00 29,573.00 .00 .00 .00 29,573.00 0 .00
24,687.00 .00 24,687.00 1,649.86 .00 4,210.00 20,477.00 17 4,063.55 .00 .00 .00 .00 .00 181.00 (181.00) +++ .00
455,575.00 .00 455,575.00 27,146.52 .00 73,425.95 382,149.05 16 61,408.44 58,012.00 .00 58,012.00 4,774.72 .00 9,549.44 48,462.56 16 11,936.80 9,600.00 .00 9,600.00 800.00 .00 1,600.00 8,000.00 17 2,000.00 3,600.00 .00 3,600.00 300.00 .00 600.00 3,000.00 17 750.00 7,200.00 .00 7,200.00 525.00 .00 1,075.00 6,125.00 15 1,500.00 3,716.00 .00 3,716.00 129.36 .00 384.30 3,331.70 10 376.74 122,044.00 .00 122,044.00 .00 .00 122,044.00 .00 100 91,867.80 .00 .00 .00 100.00 .00 200.00 (200.00) +++ 2,700.00
36,688.00 .00 36,688.00 2,477.88 .00 7,896.42 28,791.58 22 7,487.18 6,000.00 .00 6,000.00 733.67 .00 1,110.31 4,889.69 19 749.99 4,600.00 .00 4,600.00 121.28 .00 121.28 4,478.72 3 .00
1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00
15,500.00 .00 15,500.00 199.97 .00 598.40 14,901.60 4 1,339.65 9,000.00 .00 9,000.00 .00 .00 399.75 8,600.25 4 1,971.36 13,700.00 .00 13,700.00 .00 .00 338.00 13,362.00 2 463.00 .00 .00 .00 .00 .00 .00 .00 +++ 196.00
6,250.00 .00 6,250.00 400.00 .00 400.00 5,850.00 6 1,000.00 500.00 .00 500.00 16.00 .00 16.00 484.00 3 .00
115,900.00 .00 115,900.00 89.16 .00 89.16 115,810.84 0 .00 53200 Mileage Reimbursement
53300 Equipment Maintenance & Repairs
52600 Membership & Dues
52700 Books & Periodicals
52900 Commission Stipends
52230 SB1186 ADA - Expense
52250 Uniforms
52400 Print Duplicate & Photocopying
51930 Medicare/Employer Porti
52200 Departmental Supplies
52205 Office Supplies
51906 Post Employment Health Plan
51907 OPEB Cost Allocation
51908 Certification compensation
51903 Auto Allowance
51904 Technology Stipend
51905 Bilingual Pay
51800 Unemployment Insurance
51900 Group Health & Life Ins
51901 Cash Back Incentive Pay
51504 Deferred Compensation
51600 Workers Compensation
51700 Disability Insurance
51300 Overtime
51500 Public Employees Retirement (PERS)
51501 PT Retirement
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
51200 Hourly Salaries
57300 Furniture & Equipment
57900 Equipment Replacement
Department 20 - Finance Totals
Department 30 - Community & Economic Development
54900 Professional Development
56910 Legal Service
56992 Bank Service Charges
54500 Contracted Services
54530 Credit Card Service Charges
54800 Convention & Mtg Expenses
54100 Special Departmental Expenses
54300 Telephone
54400 Professional Services
52805 Software Licensing
53200 Mileage Reimbursement
53500 Small Tools & Equipment
52300 Advertising & Publications
52400 Print Duplicate & Photocopying
52600 Membership & Dues
52100 Postage
52200 Departmental Supplies
52205 Office Supplies
51906 Post Employment Health Plan
51907 OPEB Cost Allocation
51930 Medicare/Employer Porti
51903 Auto Allowance
51904 Technology Stipend
51905 Bilingual Pay
51900 Group Health & Life Ins
51901 Cash Back Incentive Pay
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 4 of 8 Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
3,000.00 .00 3,000.00 .00 .00 69.61 2,930.39 2 2,780.65 57,000.00 .00 57,000.00 199.37 .00 194.37 56,805.63 0 6,412.00 1,120,000.00 90,000.00 1,210,000.00 16,537.16 193,410.98 23,784.92 992,804.10 18 34,632.25 511,000.00 325,279.00 836,279.00 62,587.97 540,698.79 117,422.28 178,157.93 79 103,060.37 260,000.00 .00 260,000.00 21,227.60 .00 39,604.70 220,395.30 15 50,596.10 6,000.00 .00 6,000.00 .00 .00 150.00 5,850.00 2 .00
9,500.00 .00 9,500.00 1,240.00 .00 1,279.19 8,220.81 13 320.00 69,500.00 .00 69,500.00 .00 .00 .00 69,500.00 0 .00
239,000.00 .00 239,000.00 .00 .00 .00 239,000.00 0 10,420.29 10,000.00 .00 10,000.00 521.02 .00 955.38 9,044.62 10 521.02 .00 .00 .00 (157.13) .00 (782.15) 782.15 +++ .00
50,611.00 .00 50,611.00 .00 .00 50,611.00 .00 100 .00
$6,668,454.00 $415,279.00 $7,083,733.00 $348,979.93 $734,109.77 $1,116,429.29 $5,233,193.94 26% $1,037,664.27 3,452,431.00 .00 3,452,431.00 227,129.30 .00 674,747.91 2,777,683.09 20 665,960.17 103,178.00 .00 103,178.00 .00 .00 .00 103,178.00 0 24,122.84 181,927.00 .00 181,927.00 11,620.93 .00 40,340.48 141,586.52 22 36,892.84 81,000.00 .00 81,000.00 13,170.56 .00 28,802.62 52,197.38 36 31,548.50 780,079.00 .00 780,079.00 51,128.42 .00 151,976.03 628,102.97 19 162,312.20 7,000.00 .00 7,000.00 435.80 .00 1,419.36 5,580.64 20 1,046.21 35,505.00 .00 35,505.00 1,400.75 .00 4,164.67 31,340.33 12 4,591.50 40,352.00 .00 40,352.00 .00 .00 .00 40,352.00 0 .00
32,790.00 .00 32,790.00 2,401.01 .00 5,894.96 26,895.04 18 5,084.84 .00 .00 .00 .00 .00 .00 .00 +++ 2,025.00
784,575.00 .00 784,575.00 55,025.75 .00 136,116.44 648,458.56 17 105,539.98 74,486.00 .00 74,486.00 6,237.00 .00 12,474.00 62,012.00 17 15,338.84 4,080.00 .00 4,080.00 340.00 .00 680.00 3,400.00 17 800.00 1,530.00 .00 1,530.00 127.50 .00 255.00 1,275.00 17 300.00 5,730.00 .00 5,730.00 402.50 .00 805.00 4,925.00 14 981.25 1,766.00 .00 1,766.00 100.86 .00 299.64 1,466.36 17 293.76 166,515.00 .00 166,515.00 .00 .00 166,520.00 (5.00) 100 114,961.16 50,060.00 .00 50,060.00 3,755.99 .00 11,074.55 38,985.45 22 11,252.10 1,100.00 .00 1,100.00 .00 .00 .00 1,100.00 0 .00
23,800.00 5,000.00 28,800.00 2,705.81 9,137.24 7,266.94 12,395.82 57 4,227.71 3,800.00 .00 3,800.00 .00 .00 250.85 3,549.15 7 .00
28,900.00 .00 28,900.00 1,755.91 12,354.48 3,645.52 12,900.00 55 8,617.33 1,500.00 .00 1,500.00 .00 .00 .00 1,500.00 0 .00
4,450.00 .00 4,450.00 .00 .00 2,581.00 1,869.00 58 187.50 1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00
45,000.00 .00 45,000.00 8,031.58 12,963.94 24,048.46 7,987.60 82 15,524.55 180,250.00 .00 180,250.00 20,731.15 .00 47,855.09 132,394.91 27 37,527.79 800.00 .00 800.00 18.90 .00 18.90 781.10 2 .00
32,000.00 .00 32,000.00 656.08 4,070.63 8,460.97 19,468.40 39 2,511.94 11,500.00 .00 11,500.00 3,466.98 .00 3,466.98 8,033.02 30 .00 214,200.00 .00 214,200.00 17,552.54 71,514.39 36,673.37 106,012.24 51 27,503.67 28,000.00 .00 28,000.00 8,211.78 7,025.48 11,074.46 9,900.06 65 2,590.49 7,200.00 .00 7,200.00 300.50 4,475.67 793.01 1,931.32 73 3,651.13 36,000.00 (3,000.00) 33,000.00 84.77 .00 3,400.05 29,599.95 10 1,671.52 1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00
54,820.00 26,036.00 80,856.00 15,242.20 6,453.15 30,437.69 43,965.16 46 5,339.65 9,500.00 .00 9,500.00 506.09 .00 506.09 8,993.91 5 .00
1,108,140.00 .00 1,108,140.00 218,240.60 .00 228,285.04 879,854.96 21 166,888.79 113,200.00 26,431.00 139,631.00 11,132.62 34,461.71 14,482.78 90,686.51 35 .00 2,332,775.00 243,293.00 2,576,068.00 358,333.27 1,379,629.53 566,538.36 629,900.11 76 407,045.44 35,000.00 .00 35,000.00 6,681.29 25,266.41 13,362.34 (3,628.75) 110 5,379.16 5,500.00 .00 5,500.00 5,867.28 .00 8,043.38 (2,543.38) 146 1,869.36 386,531.00 .00 386,531.00 3,236.67 349,354.40 37,449.48 (272.88) 100 32,516.76 238,472.00 (10,000.00) 228,472.00 .00 87,100.00 .00 141,372.00 38 74.39 28,150.00 .00 28,150.00 2,685.04 8,630.41 6,557.17 12,962.42 54 3,803.10 54640 Graffiti Abatement
54645 Median Island Maintenance
54650 Signage
54500 Contracted Services
54605 Asphalt Maintenance
54635 General Construction
54100 Special Departmental Expenses
54200 Utilities
54400 Professional Services
53440 Plumbing Supplies
53450 Swimming Pool Maintenance
53500 Small Tools & Equipment
53400 Building & Grounds Maintenance
53410 Electrical Maintenance
53430 Paint Supplies
53200 Mileage Reimbursement
53300 Equipment Maintenance & Repairs
53301 Equipment Rental
52700 Books & Periodicals
53100 Automobile Supplies
53150 Fuel
52250 Uniforms
52400 Print Duplicate & Photocopying
52600 Membership & Dues
52100 Postage
52200 Departmental Supplies
52205 Office Supplies
51906 Post Employment Health Plan
51907 OPEB Cost Allocation
51930 Medicare/Employer Porti
51903 Auto Allowance
51904 Technology Stipend
51905 Bilingual Pay
51800 Unemployment Insurance
51900 Group Health & Life Ins
51901 Cash Back Incentive Pay
51504 Deferred Compensation
51600 Workers Compensation
51700 Disability Insurance
51300 Overtime
51500 Public Employees Retirement (PERS)
51501 PT Retirement
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
51200 Hourly Salaries
57850 Contra Deposit Accounts
57900 Equipment Replacement
Department 30 - Community & Economic Development Totals Department 40 - Public Works
54940 Organizational Learning
56910 Legal Service
57300 Furniture & Equipment
54540 Court Charges
54800 Convention & Mtg Expenses
54900 Professional Development
54100 Special Departmental Expenses
54400 Professional Services
54500 Contracted Services
53500 Small Tools & Equipment
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 5 of 8 Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
220,000.00 .00 220,000.00 .00 145,000.00 .00 75,000.00 66 3,429.29 15,000.00 .00 15,000.00 1,583.84 4,974.34 1,583.84 8,441.82 44 6,241.53 5,000.00 .00 5,000.00 .00 .00 .00 5,000.00 0 309.24
16,800.00 .00 16,800.00 977.61 10,842.39 1,957.44 4,000.17 76 2,050.66 4,500.00 .00 4,500.00 .00 .00 .00 4,500.00 0 .00
1,000.00 .00 1,000.00 300.00 .00 300.00 700.00 30 .00
26,380.00 (2,000.00) 24,380.00 2,901.07 12,409.84 9,715.84 2,254.32 91 2,195.86 74,050.00 .00 74,050.00 .00 40,000.00 898.75 33,151.25 55 2,524.00 70,000.00 .00 70,000.00 .00 .00 .00 70,000.00 0 18,945.68 .00 .00 .00 .00 .00 .00 .00 +++ 207.00
.00 .00 .00 (1,191.20) .00 (2,831.85) 2,831.85 +++ (3,146.16) 185,287.00 .00 185,287.00 .00 .00 185,287.00 .00 100 .00 $11,353,609.00 $285,760.00 $11,639,369.00 $1,063,288.75 $2,225,664.01 $2,487,679.61 $6,926,025.38 40% $1,942,738.57 554,311.00 .00 554,311.00 41,858.86 .00 125,142.68 429,168.32 23 121,953.33 12,000.00 .00 12,000.00 .00 .00 .00 12,000.00 0 .00
55,990.00 .00 55,990.00 2,142.00 .00 7,770.00 48,220.00 14 7,470.00 125,247.00 .00 125,247.00 9,482.68 .00 28,338.70 96,908.30 23 29,178.67 2,100.00 .00 2,100.00 80.33 .00 291.38 1,808.62 14 280.13 5,543.00 .00 5,543.00 258.58 .00 769.65 4,773.35 14 744.20 6,479.00 .00 6,479.00 .00 .00 .00 6,479.00 0 .00
5,209.00 .00 5,209.00 438.12 .00 1,081.62 4,127.38 21 762.48 84,687.00 .00 84,687.00 6,787.06 .00 16,921.91 67,765.09 20 14,998.15 4,800.00 .00 4,800.00 400.00 .00 800.00 4,000.00 17 1,000.00 1,800.00 .00 1,800.00 150.00 .00 300.00 1,500.00 17 375.00 1,200.00 .00 1,200.00 100.00 .00 200.00 1,000.00 17 250.00 2,001.00 .00 2,001.00 158.52 .00 470.96 1,530.04 24 439.74 26,735.00 .00 26,735.00 .00 .00 26,735.00 .00 100 16,424.75 8,038.00 .00 8,038.00 647.46 .00 1,950.81 6,087.19 24 1,900.21 300.00 .00 300.00 22.15 .00 22.15 277.85 7 13.70
3,600.00 .00 3,600.00 540.04 .00 540.04 3,059.96 15 2,561.70 600.00 .00 600.00 164.37 .00 199.97 400.03 33 75.42
1,600.00 .00 1,600.00 .00 .00 .00 1,600.00 0 275.00
7,000.00 .00 7,000.00 .00 .00 .00 7,000.00 0 .00
850.00 .00 850.00 .00 .00 .00 850.00 0 .00
200.00 .00 200.00 .00 .00 .00 200.00 0 .00
53,192.00 .00 53,192.00 7,123.00 .00 7,638.00 45,554.00 14 9,285.23 208,965.00 .00 208,965.00 37,042.15 125,995.47 69,960.95 13,008.58 94 51,998.42 12,000.00 .00 12,000.00 .00 .00 .00 12,000.00 0 .00
24,500.00 .00 24,500.00 46.87 .00 46.87 24,453.13 0 3,861.17 5,600.00 .00 5,600.00 .00 .00 219.00 5,381.00 4 .00
9,000.00 .00 9,000.00 .00 .00 .00 9,000.00 0 .00
26,850.00 .00 26,850.00 .00 .00 3,225.00 23,625.00 12 .00 57,040.00 .00 57,040.00 4,239.82 13,544.00 11,364.82 32,131.18 44 13,295.38 4,180.00 .00 4,180.00 .00 .00 4,180.00 .00 100 .00
$1,311,617.00 $0.00 $1,311,617.00 $111,682.01 $139,539.47 $308,169.51 $863,908.02 34% $277,142.68 2,657,840.00 .00 2,657,840.00 175,119.40 .00 521,533.57 2,136,306.43 20 501,918.30 51,205.00 .00 51,205.00 .00 .00 .00 51,205.00 0 29,123.49 1,921,716.00 .00 1,921,716.00 113,245.54 .00 437,268.91 1,484,447.09 23 300,751.50 18,000.00 .00 18,000.00 2,594.58 .00 5,252.35 12,747.65 29 5,289.44 600,539.00 .00 600,539.00 40,737.88 .00 121,371.86 479,167.14 20 125,886.07 72,077.00 .00 72,077.00 3,882.76 .00 15,660.83 56,416.17 22 10,116.86 26,283.00 .00 26,283.00 979.16 .00 2,876.38 23,406.62 11 2,593.12 31,063.00 .00 31,063.00 .00 .00 .00 31,063.00 0 .00
26,613.00 .00 26,613.00 1,756.27 .00 4,308.70 22,304.30 16 4,332.21 .00 .00 .00 .00 .00 1,970.00 (1,970.00) +++ (426.00)
435,462.00 .00 435,462.00 26,997.43 .00 65,520.27 369,941.73 15 63,409.53 32,416.00 .00 32,416.00 2,701.36 .00 5,402.72 27,013.28 17 9,330.10 51800 Unemployment Insurance
51900 Group Health & Life Ins
51901 Cash Back Incentive Pay
51504 Deferred Compensation
51600 Workers Compensation
51700 Disability Insurance
51300 Overtime
51500 Public Employees Retirement (PERS)
51501 PT Retirement
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
51200 Hourly Salaries
56910 Legal Service
57900 Equipment Replacement
Department 60 - Human Resources Totals
Department 80 - Parks And Recreation
54900 Professional Development
54935 First Aid Treatment
54940 Organizational Learning
54500 Contracted Services
54800 Convention & Mtg Expenses
54810 Employee Appreciation
52700 Books & Periodicals
53200 Mileage Reimbursement
54400 Professional Services
52205 Office Supplies
52300 Advertising & Publications
52600 Membership & Dues
51930 Medicare/Employer Porti
52100 Postage
52200 Departmental Supplies
51905 Bilingual Pay
51906 Post Employment Health Plan
51907 OPEB Cost Allocation
51900 Group Health & Life Ins
51903 Auto Allowance
51904 Technology Stipend
51504 Deferred Compensation
51600 Workers Compensation
51700 Disability Insurance
51200 Hourly Salaries
51500 Public Employees Retirement (PERS)
51501 PT Retirement
Department 40 - Public Works Totals
Department 60 - Human Resources
51100 Salaries
51120 Vacation/Sick Leave Accrual Pay-Out
57300 Furniture & Equipment
57850 Contra Deposit Accounts
57900 Equipment Replacement
54930 Safety Programs & Materials
56205 Permits - Fees - Licenses
56910 Legal Service
54675 Weed Abatement
54800 Convention & Mtg Expenses
54900 Professional Development
54655 Street Lights/Signals
54660 Street Paintings/Markings
54670 Tree Care
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 6 of 8 Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
4,800.00 .00 4,800.00 400.00 .00 800.00 4,000.00 17 1,000.00 1,800.00 .00 1,800.00 150.00 .00 300.00 1,500.00 17 375.00 4,800.00 .00 4,800.00 300.00 .00 600.00 4,200.00 12 875.00 2,228.00 .00 2,228.00 168.10 .00 499.40 1,728.60 22 489.60 128,201.00 .00 128,201.00 .00 .00 128,201.00 .00 100 88,063.64 38,539.00 .00 38,539.00 4,219.58 .00 13,994.86 24,544.14 36 12,165.61 56,349.00 .00 56,349.00 .00 .00 6,400.00 49,949.00 11 6,400.00 138,197.00 (2,000.00) 136,197.00 15,617.07 7,138.00 41,284.87 87,774.13 36 32,019.11 23,791.00 (1,000.00) 22,791.00 453.78 .00 4,256.37 18,534.63 19 1,455.79 25,895.00 .00 25,895.00 .00 .00 .00 25,895.00 0 .00
13,300.00 .00 13,300.00 .00 .00 .00 13,300.00 0 3,514.73 30,294.00 7,000.00 37,294.00 .00 26,840.00 8,715.26 1,738.74 95 .00 17,275.00 .00 17,275.00 .00 .00 .00 17,275.00 0 .00
181,398.00 .00 181,398.00 8,451.62 42,169.46 8,508.73 130,719.81 28 17,707.52 13,847.00 .00 13,847.00 275.00 .00 275.00 13,572.00 2 625.00 661.00 .00 661.00 .00 .00 .00 661.00 0 .00
6,500.00 .00 6,500.00 375.00 .00 975.00 5,525.00 15 825.00 516.00 .00 516.00 .00 .00 .00 516.00 0 .00
16,922.00 .00 16,922.00 44.08 .00 956.08 15,965.92 6 .00 164,090.00 .00 164,090.00 24,745.00 66,084.00 78,816.00 19,190.00 88 113,659.81 1,600.00 .00 1,600.00 .00 .00 .00 1,600.00 0 .00
92,149.00 11,312.00 103,461.00 5,979.00 8,114.00 10,622.07 84,724.93 18 4,072.42 .00 20,000.00 20,000.00 150.00 .00 8,604.85 11,395.15 43 4,040.00 15,000.00 20,000.00 35,000.00 .00 .00 .00 35,000.00 0 2,589.27 584,011.00 35,913.00 619,924.00 76,275.94 99,598.49 186,593.47 333,732.04 46 189,338.15 122,109.00 .00 122,109.00 9,580.80 49,203.50 27,289.20 45,616.30 63 18,915.40 1,236.00 .00 1,236.00 .00 .00 .00 1,236.00 0 76.75
16,760.00 .00 16,760.00 2,325.00 .00 2,325.00 14,435.00 14 4,493.50 16,354.00 .00 16,354.00 .00 .00 .00 16,354.00 0 458.80
7,468.00 .00 7,468.00 .00 .00 .00 7,468.00 0 .00
56,641.00 .00 56,641.00 4,837.74 3,200.00 18,375.31 35,065.69 38 11,791.73 68,266.00 (3,000.00) 65,266.00 10,867.91 2,535.00 18,160.02 44,570.98 32 5,384.12 1,400.00 .00 1,400.00 663.00 .00 663.00 737.00 47 .00
16,400.00 .00 16,400.00 .00 .00 .00 16,400.00 0 1,492.36 28,900.00 .00 28,900.00 .00 .00 .00 28,900.00 0 5,945.66 69,943.00 .00 69,943.00 .00 .00 69,943.00 .00 100 .00
$7,840,854.00 $88,225.00 $7,929,079.00 $533,893.00 $304,882.45 $1,818,324.08 $5,805,872.47 27% $1,580,098.59 1,292,939.00 .00 1,292,939.00 .00 .00 1,286,515.80 6,423.20 100 1,281,571.07 .00 .00 .00 .00 .00 (.02) .02 +++ (.01)
.00 .00 .00 .00 .00 (103.00) 103.00 +++ 102.00
1,397,000.00 .00 1,397,000.00 94,354.43 6,384.00 280,890.12 1,109,725.88 21 264,637.68 (400,000.00) .00 (400,000.00) .00 .00 .00 (400,000.00) 0 .00 33,000.00 .00 33,000.00 .00 5,419.44 .00 27,580.56 16 1,512.83 106,148.00 .00 106,148.00 12,209.19 71,485.13 29,078.37 5,584.50 95 25,604.04 66,360.00 .00 66,360.00 .00 .00 19,140.07 47,219.93 29 41,988.91 516,831.00 .00 516,831.00 432,447.35 .00 432,447.35 84,383.65 84 272,580.64 130,000.00 .00 130,000.00 10,941.92 10,286.14 28,880.69 90,833.17 30 20,838.59 7,000.00 .00 7,000.00 600.00 2,500.00 600.00 3,900.00 44 2,800.00 601,440.00 .00 601,440.00 228,561.50 58,277.16 517,062.84 26,100.00 96 544,555.21 1,277,450.00 .00 1,277,450.00 .00 .00 1,246,032.75 31,417.25 98 821,741.50 45,000.00 .00 45,000.00 208.00 .00 208.00 44,792.00 0 2,610.00 341,500.00 .00 341,500.00 .00 .00 341,500.00 .00 100 .00 1,065,000.00 .00 1,065,000.00 1,065,000.00 .00 1,065,000.00 .00 100 1,030,000.00 860,550.00 .00 860,550.00 435,600.00 .00 435,600.00 424,950.00 51 453,175.00 .00 .00 .00 .00 .00 472.47 (472.47) +++ .00
$7,340,218.00 $0.00 $7,340,218.00 $2,279,922.39 $154,351.87 $5,683,325.44 $1,502,540.69 80% $4,763,717.46 6,065,000.00 .00 6,065,000.00 5,000,000.00 .00 6,065,000.00 .00 100 1,065,000.00 56993 Misc. Expenses
Department 90 - Non-Departmental Totals
Department 98 - Transfer Out Control
56900 Transfer Out
56850 Inter Departmental Charges
56978 Principal Payment- 2016 Refunding Lease Revenue Bonds 56979 Interest Payment- 2016 Refunding Lease Revenue Bonds 54500 Contracted Services
54700 Insurance & Surety Bond
54910 Tuition Reimbursement
54100 Special Departmental Expenses
54300 Telephone
54400 Professional Services
52100 Postage
52400 Print Duplicate & Photocopying
52600 Membership & Dues
51800 Unemployment Insurance
51900 Group Health & Life Ins
51960 Vacancy Savings
Department 80 - Parks And Recreation Totals
Department 90 - Non-Departmental
51500 Public Employees Retirement (PERS)
51700 Disability Insurance
56910 Legal Service
57300 Furniture & Equipment
57900 Equipment Replacement
55280 Senior Citizen Committee
55285 Event Tickets
56205 Permits - Fees - Licenses
54700 Insurance & Surety Bond
54800 Convention & Mtg Expenses
54900 Professional Development
54500 Contracted Services
54510 Contract Instructors
54530 Credit Card Service Charges
53500 Small Tools & Equipment
54100 Special Departmental Expenses
54400 Professional Services
53300 Equipment Maintenance & Repairs
53301 Equipment Rental
53450 Swimming Pool Maintenance
52800 Software
52900 Commission Stipends
53200 Mileage Reimbursement
52300 Advertising & Publications
52400 Print Duplicate & Photocopying
52600 Membership & Dues
52210 Supplies/Chemicals
52250 Uniforms
52255 Participant Uniforms
52100 Postage
52200 Departmental Supplies
52205 Office Supplies
51906 Post Employment Health Plan
51907 OPEB Cost Allocation
51930 Medicare/Employer Porti
51903 Auto Allowance
51904 Technology Stipend
51905 Bilingual Pay
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 7 of 8 Adopted Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Account Account Description
$6,065,000.00 $0.00 $6,065,000.00 $5,000,000.00 $0.00 $6,065,000.00 $0.00 100% $1,065,000.00 $61,066,919.00 $1,891,995.00 $62,958,914.00 $11,122,505.76 $16,154,675.88 $22,215,426.19 $24,588,811.93 59% $15,299,327.65 61,066,919.00 .00 61,066,919.00 3,142,896.94 .00 5,652,940.56 55,413,978.44 9% 5,256,554.99 61,066,919.00 1,891,995.00 62,958,914.00 11,122,505.76 16,154,675.88 22,215,426.19 24,588,811.93 59% 15,299,327.65 $0.00 ($1,891,995.00) ($1,891,995.00) ($7,979,608.82) ($16,154,675.88) ($16,562,485.63) $30,825,166.51 ($10,042,772.66) Grand Totals
61,066,919.00 .00 61,066,919.00 3,142,896.94 .00 5,652,940.56 55,413,978.44 9% 5,256,554.99 61,066,919.00 1,891,995.00 62,958,914.00 11,122,505.76 16,154,675.88 22,215,426.19 24,588,811.93 59% 15,299,327.65 Grand Totals $0.00 ($1,891,995.00) ($1,891,995.00) ($7,979,608.82) ($16,154,675.88) ($16,562,485.63) $30,825,166.51 ($10,042,772.66)
REVENUE TOTALS
EXPENSE TOTALS
Department 98 - Transfer Out Control Totals
EXPENSE TOTALS
Fund 100 - General Fund Totals
REVENUE TOTALS
EXPENSE TOTALS
Fund 100 - General Fund Totals
Enclosure 1 - First Quarter FY 2024-25 General Fund Revenue and Expenditure Budget Report Page 8 of 8 Enclosure 2
Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD .00 223,820.00 4,545.97 .00 11,824.23 211,995.77 5 11,697.25 .00 4,000.00 520.00 .00 1,625.00 2,375.00 41 975.00
.00 .00 .00 .00 .00 .00 +++ 1,500.00
.00 10,300,000.00 990,211.62 .00 1,978,730.01 8,321,269.99 19 1,936,982.98 .00 1,494,000.00 148,835.50 .00 470,432.96 1,023,567.04 31 429,000.37 .00 182,160.00 22,902.56 .00 56,908.12 125,251.88 31 43,130.11 .00 .00 .00 .00 730.00 (730.00) +++ .00
.00 11,500.00 1,060.00 .00 5,194.00 6,306.00 45 1,978.00 .00 1,270.00 320.00 .00 640.00 630.00 50 753.00
.00 9,000.00 2,818.84 .00 8,456.52 543.48 94 .00
$0.00 $12,225,750.00 $1,171,214.49 $0.00 $2,534,540.84 $9,691,209.16 21% $2,426,016.71 .00 2,560,834.00 153,974.01 .00 451,980.86 2,108,853.14 18 435,559.19 .00 93,734.00 .00 .00 .00 93,734.00 0 .00
.00 32,130.00 .00 .00 .00 32,130.00 0 .00
.00 85,000.00 9,880.54 .00 29,523.05 55,476.95 35 157,801.75 .00 1,004,368.00 33,890.87 .00 526,285.74 478,082.26 52 504,567.11 .00 1,205.00 .00 .00 .00 1,205.00 0 .00
.00 25,607.00 1,612.31 .00 4,615.34 20,991.66 18 4,318.22 .00 29,931.00 .00 .00 .00 29,931.00 0 .00
.00 22,269.00 1,572.04 .00 3,858.45 18,410.55 17 3,796.33 .00 .00 .00 .00 .00 .00 +++ 415.50
.00 557,052.00 28,950.77 .00 72,553.12 484,498.88 13 72,439.54 .00 53,239.00 4,386.74 .00 8,713.80 44,525.20 16 12,742.46 .00 8,760.00 690.00 .00 1,332.50 7,427.50 15 1,442.50
.00 2,700.00 210.00 .00 408.75 2,291.25 15 446.25
.00 4,440.00 377.50 .00 736.25 3,703.75 17 903.75
.00 3,300.00 170.60 .00 481.83 2,818.17 15 421.92
.00 123,518.00 .00 .00 123,519.00 (1.00) 100 69,006.20
.00 .00 87.50 .00 212.50 (212.50) +++ 4,495.83
.00 37,132.00 2,459.22 .00 7,210.29 29,921.71 19 8,896.01 60,000.00 85,200.00 4,145.21 52,080.94 7,919.06 25,200.00 70 6,448.04 .00 17,000.00 128.91 .00 128.91 16,871.09 1 10,398.39
(24,280.00) 615,720.00 .00 .00 .00 615,720.00 0 .00
.00 5,500.00 391.85 3,135.74 864.26 1,500.00 73 2,222.87 .00 2,000.00 .00 .00 .00 2,000.00 0 .00
.00 40,500.00 .00 .00 2,699.00 37,801.00 7 2,548.00
.00 2,500.00 .00 .00 502.84 1,997.16 20 .00
.00 10,000.00 .00 .00 4,000.00 6,000.00 40 4,000.00
.00 25,000.00 .00 5,000.00 3,650.43 16,349.57 35 791.98 .00 48,000.00 5,182.77 .00 11,963.76 36,036.24 25 9,357.28 .00 350.00 .00 .00 .00 350.00 0 .00
.00 33,500.00 4,918.62 18,990.18 7,954.63 6,555.19 80 14,861.61 .00 50,000.00 .00 .00 .00 50,000.00 0 .00
.00 30,000.00 .00 .00 .00 30,000.00 0 .00
.00 30,000.00 .00 .00 .00 30,000.00 0 .00
(60,000.00) 170,000.00 5,202.58 15,924.13 8,952.22 145,123.65 15 9,452.66 .00 8,000.00 .00 5,000.00 .00 3,000.00 62 .00
.00 30,000.00 3,516.51 .00 6,286.75 23,713.25 21 2,159.97 .00 120,000.00 .00 .00 .00 120,000.00 0 116,902.15
(5,000.00) 309,505.00 12,691.27 143,888.83 25,458.36 140,157.81 55 31,456.85 .00 270,000.00 792.99 .00 49,164.16 220,835.84 18 42,445.17 110,278.00 1,960,278.00 26,788.00 1,833,489.98 35,063.80 91,724.22 95 355,973.27 .00 115,000.00 .00 .00 .00 115,000.00 0 2,049.81
19,180,471.00 27,519,471.00 119,702.13 3,355,314.23 403,118.30 23,761,038.47 14 587,712.16 .00 53,000.00 9,316.37 .00 21,033.61 31,966.39 40 14,751.40 .00 20,000.00 305.42 14,694.58 884.55 4,420.87 78 .00
ENTERPRISE FUNDS Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Adopted
Account Account Description Budget
47200 Miscellaneous Revenue 4,000.00
47300 Damages to City Property .00
Fund 550 - Water Authority
REVENUE
43100 Interest Income 223,820.00
49300 Turn On Charges 182,160.00
49400 Inspection Fees .00
49100 Metered Water Sales 10,300,000.00
49150 Water Sales-Power Charge 1,494,000.00
49800 Meter Removal/Installation 9,000.00
REVENUE TOTALS $12,225,750.00
EXPENSE
49500 Water Process Application 11,500.00
49700 Service Connection Fees 1,270.00
51200 Hourly Salaries 32,130.00
51300 Overtime 85,000.00
51100 Salaries 2,560,834.00
51120 Vacation/Sick Leave Accrual Pay-Out 93,734.00
51504 Deferred Compensation 25,607.00
51600 Workers Compensation 29,931.00
51500 Public Employees Retirement (PERS) 1,004,368.00
51501 PT Retirement 1,205.00
51900 Group Health & Life Ins 557,052.00
51901 Cash Back Incentive Pay 53,239.00
51700 Disability Insurance 22,269.00
51800 Unemployment Insurance .00
51905 Bilingual Pay 4,440.00
51906 Post Employment Health Plan 3,300.00
51903 Auto Allowance 8,760.00
51904 Technology Stipend 2,700.00
51930 Medicare/Employer Porti 37,132.00
52100 Postage 25,200.00
51907 OPEB Cost Allocation 123,518.00
51908 Certification compensation .00
52250 Uniforms 5,500.00
52400 Print Duplicate & Photocopying 2,000.00
52200 Departmental Supplies 17,000.00
52210 Supplies/Chemicals 640,000.00
52805 Software Licensing 10,000.00
53100 Automobile Supplies 25,000.00
52600 Membership & Dues 40,500.00
52700 Books & Periodicals 2,500.00
53300 Equipment Maintenance & Repairs 33,500.00
53305 Water Meter Maintenance & Repair 50,000.00
53150 Fuel 48,000.00
53200 Mileage Reimbursement 350.00
53315 Plant Maintenance and Repair 230,000.00
53400 Building & Grounds Maintenance 8,000.00
53308 Water Valves - Replacement Program 30,000.00
53310 Fire Hydrant Maintenance & Repair 30,000.00
54100 Special Departmental Expenses 314,505.00
54200 Utilities 270,000.00
53500 Small Tools & Equipment 30,000.00
53610 Cost Reimbursements 120,000.00
54500 Contracted Services 8,339,000.00
54530 Credit Card Service Charges 53,000.00
54250 Purchased Water 1,850,000.00
54400 Professional Services 115,000.00
54605 Asphalt Maintenance 20,000.00
Enclosure 2 - First Quarter FY 2024-25 Enterprise Funds Revenue and Expense Budget Report Page 1 of 4 17b Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD ENTERPRISE FUNDS Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Adopted
Account Account Description Budget
.00 274,000.00 .00 .00 238,790.50 35,209.50 87 164,247.50 .00 9,000.00 1,800.00 .00 1,800.00 7,200.00 20 .00
.00 12,600.00 632.40 3,803.02 3,182.40 5,614.58 55 200.00 .00 2,000.00 .00 .00 .00 2,000.00 0 .00
.00 107,790.00 .00 20,000.00 .00 87,790.00 19 4,229.00
.00 15,000.00 .00 .00 46.54 14,953.46 0 .00
.00 384,450.00 .00 .00 (64,075.00) 448,525.00 -17 (74,983.33) (82,253.00) 17,747.00 .00 .00 12,746.73 5,000.27 72 282.23 111,533.00 111,533.00 43,908.19 67,625.00 43,908.19 (.19) 100 .00 .00 400,000.00 .00 .00 .00 400,000.00 0 252,526.57
.00 .00 .00 .00 18,570.22 (18,570.22) +++ 25,578.65
$19,290,749.00 $37,549,863.00 $477,685.32 $5,538,946.63 $2,076,045.70 $29,934,870.67 20% $2,862,864.79 .00 12,225,750.00 1,171,214.49 .00 2,534,540.84 9,691,209.16 21% 2,426,016.71 19,290,749.00 37,549,863.00 477,685.32 5,538,946.63 2,076,045.70 29,934,870.67 20% 2,862,864.79 ($19,290,749.00) ($25,324,113.00) $693,529.17 ($5,538,946.63) $458,495.14 ($20,243,661.51) ($436,848.08) .00 .00 50,284.60 .00 151,363.74 (151,363.74) +++ 61,466.87 .00 29,333,461.00 .00 .00 7,862,553.55 24,938,491.64 15 7,470,628.83 .00 .00 .00 .00 12,289.72 (8,061.90) +++ 11,063.60
$0.00 $29,333,461.00 $50,284.60 $0.00 $8,026,207.01 $24,779,066.00 16% $7,543,159.30 .00 356,304.00 21,656.95 .00 63,861.29 292,442.71 18 62,310.91 .00 14,770.00 .00 .00 12,075.68 2,694.32 82 .00
.00 11,054.00 957.60 .00 3,036.60 8,017.40 27 2,352.00
.00 80,507.00 4,305.17 .00 13,574.04 66,932.96 17 14,400.36 .00 415.00 35.91 .00 113.87 301.13 27 88.20
.00 3,563.00 637.30 .00 1,742.56 1,820.44 49 1,569.55
.00 4,164.00 .00 .00 .00 4,164.00 0 .00
.00 3,065.00 181.78 .00 442.44 2,622.56 14 489.19
.00 59,551.00 2,506.38 .00 8,692.59 50,858.41 15 7,459.14 .00 4,132.00 344.32 .00 628.96 3,503.04 15 592.23
.00 3,300.00 275.00 .00 490.00 2,810.00 15 497.50
.00 810.00 67.50 .00 120.00 690.00 15 101.25
.00 240.00 112.50 .00 225.00 15.00 94 .00
.00 1,299.00 96.24 .00 251.72 1,047.28 19 171.33
.00 17,185.00 .00 .00 17,185.00 .00 100 7,398.76
.00 5,167.00 339.53 .00 1,173.20 3,993.80 23 954.87
.00 14,277.00 393.88 10,544.80 537.69 3,194.51 78 6,104.17 .00 1,500.00 .00 .00 233.06 1,266.94 16 .00
.00 1,000.00 .00 .00 .00 1,000.00 0 .00
.00 18,400.00 205.00 14,443.55 304.70 3,651.75 80 1,607.19 .00 35,750.00 60.00 .00 60.00 35,690.00 0 .00
.00 25,000.00 .00 .00 .00 25,000.00 0 .00
.00 5,200.00 49.60 3,150.40 49.60 2,000.00 62 4,298.13
.00 58,674.00 15.40 .00 10,925.93 47,748.07 19 9,435.91 .00 250.00 .00 .00 .00 250.00 0 .00
.00 1,500.00 .00 .00 .00 1,500.00 0 .00
.00 21,614,751.00 1,697,037.39 .00 2,276,732.91 19,338,018.09 11 2,154,440.71 .00 22,000.00 .00 .00 (11,656.16) 33,656.16 -53 (5,305.71) .00 5,403,688.00 189,797.40 .00 4,180,204.70 1,223,483.30 77 519,895.22 .00 3,000.00 .00 .00 .00 3,000.00 0 398.00
4,570.00 750,846.00 67,548.19 47,489.52 118,744.00 573,721.14 24 73,339.77 58,467.00 58,467.00 9,115.20 49,351.55 9,115.20 .25 100 .00 .00 3,200.00 1,063.58 .00 1,063.58 2,136.42 33 .00
.00 1,500.00 .00 .00 .00 1,500.00 0 .00
.00 12,850.00 .00 .00 .00 12,850.00 0 266.11
.00 25,000.00 .00 .00 123.84 24,876.16 0 .00
54800 Convention & Mtg Expenses 9,000.00
54930 Safety Programs & Materials 12,600.00
54700 Insurance & Surety Bond 274,000.00
56910 Legal Service 15,000.00
56990 Interest Expense 384,450.00
55320 Refund/Rtn Overpayment 2,000.00
56205 Permits - Fees - Licenses 107,790.00
57404 Depr/Amort Expense 400,000.00
58500 Bad Debt .00
57300 Furniture & Equipment 100,000.00
57310 Vehicles .00
EXPENSE TOTALS 18,259,114.00
Fund 550 - Water Authority Totals ($6,033,364.00)
Fund 560 - PRIME - CCA
EXPENSE TOTALS $18,259,114.00
Fund 550 - Water Authority Totals
REVENUE TOTALS 12,225,750.00
47751 PRIME Future .00
REVENUE TOTALS $29,333,461.00
EXPENSE
REVENUE
43100 Interest Income .00
47750 Gen/Demand and Collections 29,333,461.00
51200 Hourly Salaries 11,054.00
51500 Public Employees Retirement (PERS) 80,507.00
51100 Salaries 356,304.00
51120 Vacation/Sick Leave Accrual Pay-Out 14,770.00
51600 Workers Compensation 4,164.00
51700 Disability Insurance 3,065.00
51501 PT Retirement 415.00
51504 Deferred Compensation 3,563.00
51903 Auto Allowance 3,300.00
51904 Technology Stipend 810.00
51900 Group Health & Life Ins 59,551.00
51901 Cash Back Incentive Pay 4,132.00
51907 OPEB Cost Allocation 17,185.00
51930 Medicare/Employer Porti 5,167.00
51905 Bilingual Pay 240.00
51906 Post Employment Health Plan 1,299.00
52205 Office Supplies 1,000.00
52300 Advertising & Publications 18,400.00
52100 Postage 14,277.00
52200 Departmental Supplies 1,500.00
52400 Print Duplicate & Photocopying 5,200.00
52600 Membership & Dues 58,674.00
52305 Marketing - PRIME 35,750.00
52310 Research & Development - PRIME 25,000.00
54275 Purchased Power- PRIME 21,614,751.00
54276 Net Energy Metering (NEM) Expense 22,000.00
53200 Mileage Reimbursement 250.00
53500 Small Tools & Equipment 1,500.00
54400 Professional Services 746,276.00
54500 Contracted Services .00
54277 Resource Adequacy Purchase 5,403,688.00
54300 Telephone 3,000.00
56910 Legal Service 12,850.00
56992 Bank Service Charges 25,000.00
54800 Convention & Mtg Expenses 3,200.00
54900 Professional Development 1,500.00
Enclosure 2 - First Quarter FY 2024-25 Enterprise Funds Revenue and Expense Budget Report Page 2 of 4 Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD ENTERPRISE FUNDS Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Adopted
Account Account Description Budget
$63,037.00 $28,622,379.00 $1,996,801.82 $124,979.82 $6,710,052.00 $21,787,347.18 24% $3,029,517.07 .00 29,333,461.00 50,284.60 .00 8,026,207.01 21,256,969.39 16% 7,543,159.30 63,037.00 28,622,379.00 1,996,801.82 124,979.82 6,710,052.00 19,790,545.36 24% 3,029,517.07 ($63,037.00) $711,082.00 ($1,946,517.22) ($124,979.82) $1,316,155.01 $1,466,424.03 $4,513,642.23 .00 28,000.00 .00 .00 .00 28,000.00 0 .00
42,650.00 42,650.00 .00 .00 .00 42,650.00 0 .00
.00 504,224.00 .00 .00 63,915.00 440,309.00 13 108,493.51 .00 216,329.00 .00 .00 .00 216,329.00 0 38,869.00
.00 376,000.00 (3,860.53) .00 (3,860.53) 379,860.53 -1 47,974.87 .00 50,000.00 .00 .00 .00 50,000.00 0 3,947.00
.00 46,000.00 .00 .00 13,694.00 32,306.00 30 8,820.77
.00 45,000.00 .00 .00 43,707.00 1,293.00 97 12,121.00
.00 .00 .00 .00 .00 .00 +++ 7,879.49
$42,650.00 $1,308,203.00 ($3,860.53) $0.00 $117,455.47 $1,190,747.53 9% $228,105.64 .00 19,780.00 1,393.86 .00 5,089.68 14,690.32 26 6,481.66 .00 4,469.00 315.00 .00 1,150.24 3,318.76 26 1,567.92
.00 198.00 13.94 .00 50.76 147.24 26 63.36
.00 231.00 .00 .00 .00 231.00 0 .00
.00 176.00 14.68 .00 42.83 133.17 24 50.04
.00 591.00 48.06 .00 163.89 427.11 28 186.12
.00 551.00 45.92 .00 91.84 459.16 17 114.80
.00 300.00 25.00 .00 62.50 237.50 21 112.50
.00 90.00 7.50 .00 18.75 71.25 21 33.75
.00 126.00 9.50 .00 37.44 88.56 30 49.62
.00 955.00 .00 .00 955.00 .00 100 868.53
.00 287.00 21.34 .00 77.09 209.91 27 97.76
.00 11,900.00 4,360.49 .00 8,400.99 3,499.01 71 6,847.65 .00 3,000.00 .00 .00 (29,708.01) 32,708.01 -990 752.27
.00 55,800.00 2,477.57 .00 5,905.91 49,894.09 11 3,961.99 .00 3,800.00 .00 .00 .00 3,800.00 0 657.00
.00 26,000.00 863.20 .00 7,393.72 18,606.28 28 6,341.96 .00 50,500.00 535.82 .00 5,466.02 45,033.98 11 3,822.62 .00 .00 114.21 .00 114.21 (114.21) +++ .00
.00 14,500.00 .00 .00 .00 14,500.00 0 1,220.76
.00 13,200.00 427.65 .00 14,688.49 (1,488.49) 111 898.64 .00 210,000.00 34,828.02 .00 34,828.02 175,171.98 17 25,953.66 53,464.00 179,112.00 17,734.96 5,026.50 60,758.34 113,327.16 37 12,619.27 .00 26,400.00 .00 .00 6,326.57 20,073.43 24 7,570.02
.00 20,000.00 .00 .00 .00 20,000.00 0 14,713.00
.00 75,000.00 6,252.61 .00 25,880.60 49,119.40 35 7,244.00 .00 .00 43,279.02 .00 (16,164.87) 16,164.87 +++ (35,629.10) .00 150,000.00 4,074.20 .00 19,083.32 130,916.68 13 24,830.28 .00 753,000.00 118,520.05 .00 269,536.02 483,463.98 36 154,586.52 .00 158,000.00 .00 108,778.31 10,933.69 38,288.00 76 10,000.00 .00 72,000.00 390.00 .00 9,297.58 62,702.42 13 1,927.98 .00 20,000.00 3,118.47 .00 7,647.26 12,352.74 38 3,047.30 2,400.00 3,000.00 15.94 .00 96.94 2,903.06 3 605.94
203,100.00 203,100.00 1,704.20 15,338.40 5,112.60 182,649.00 10 30,350.33 .00 13,000.00 8,081.25 .00 8,081.25 4,918.75 62 .00
.00 .00 .00 .00 .00 .00 +++ 8,031.85
$258,964.00 $2,089,066.00 $248,672.46 $129,143.21 $461,418.67 $1,498,504.12 28% $299,980.00 42,650.00 1,308,203.00 (3,860.53) .00 117,455.47 1,190,747.53 9% 228,105.64 258,964.00 2,089,066.00 248,672.46 129,143.21 461,418.67 1,498,504.12 28% 299,980.00 EXPENSE TOTALS 28,559,342.00
Fund 560 - PRIME - CCA Totals $774,119.00
Fund 570 - Golf Course
EXPENSE TOTALS $28,559,342.00
Fund 560 - PRIME - CCA Totals
REVENUE TOTALS 29,333,461.00
48300 Green Fees 504,224.00
48400 Driving Range Fees 216,329.00
REVENUE
47200 Miscellaneous Revenue 28,000.00
47900 Transfer In .00
48700 Merchandise Sales 46,000.00
48820 Rentals 45,000.00
48660 Golf Course Concessions 376,000.00
48680 Golf Lessons 50,000.00
51100 Salaries 19,780.00
51500 Public Employees Retirement (PERS) 4,469.00
48835 Technology Surcharge .00
REVENUE TOTALS $1,265,553.00
EXPENSE
51700 Disability Insurance 176.00
51900 Group Health & Life Ins 591.00
51504 Deferred Compensation 198.00
51600 Workers Compensation 231.00
51904 Technology Stipend 90.00
51906 Post Employment Health Plan 126.00
51901 Cash Back Incentive Pay 551.00
51903 Auto Allowance 300.00
52200 Departmental Supplies 11,900.00
52205 Office Supplies 3,000.00
51907 OPEB Cost Allocation 955.00
51930 Medicare/Employer Porti 287.00
53300 Equipment Maintenance & Repairs 26,000.00
53301 Equipment Rental 50,500.00
52210 Supplies/Chemicals 55,800.00
52300 Advertising & Publications 3,800.00
53500 Small Tools & Equipment 13,200.00
54200 Utilities 210,000.00
53400 Building & Grounds Maintenance .00
53440 Plumbing Supplies 14,500.00
54670 Tree Care 20,000.00
54700 Insurance & Surety Bond 75,000.00
54500 Contracted Services 125,648.00
54530 Credit Card Service Charges 26,400.00
56100 Golf Course-Payroll Expense 753,000.00
56200 Management Fees 158,000.00
55300 Food and Beverage .00
55301 Restaurant-Banquet Supplies 150,000.00
56800 Cable T.V. Access 600.00
57210 Capital Assets .00
56205 Permits - Fees - Licenses 72,000.00
56300 Pro Shop Merchandise 20,000.00
EXPENSE TOTALS $1,830,102.00
Fund 570 - Golf Course Totals
REVENUE TOTALS 1,265,553.00
57300 Furniture & Equipment 13,000.00
57404 Depr/Amort Expense .00
EXPENSE TOTALS 1,830,102.00
Enclosure 2 - First Quarter FY 2024-25 Enterprise Funds Revenue and Expense Budget Report Page 3 of 4 Budget Amended Current Month YTD FY 24-25 YTD Budget - YTD % Used/ FY 23-24 Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year YTD ENTERPRISE FUNDS Budget Performance Report
Fiscal Year to Date 09/30/24
Include Rollup Account and Rollup to Account
Adopted
Account Account Description Budget
($216,314.00) ($780,863.00) ($252,532.99) ($129,143.21) ($343,963.20) ($307,756.59) ($71,874.36) .00 10,180.00 .00 .00 .00 10,180.00 0 .00
.00 .00 .00 .00 .00 .00 +++ 9,651.84
.00 326,500.00 .00 .00 81,625.34 244,874.66 25 79,613.94 $0.00 $336,680.00 $0.00 $0.00 $81,625.34 $255,054.66 24% $89,265.78 .00 89,310.00 6,817.38 .00 21,639.05 67,670.95 24 12,618.50 .00 1,072.00 .00 .00 .00 1,072.00 0 .00
.00 20,180.00 1,294.84 .00 4,542.72 15,637.28 23 2,716.16 .00 893.00 269.35 .00 806.99 86.01 90 834.24
.00 1,044.00 .00 .00 .00 1,044.00 0 .00
.00 733.00 63.80 .00 165.83 567.17 23 79.95
.00 4,198.00 340.16 .00 1,224.72 2,973.28 29 189.60
.00 2,865.00 238.72 .00 537.13 2,327.87 19 298.40
.00 1,920.00 160.00 .00 340.00 1,580.00 18 317.50
.00 540.00 45.00 .00 97.50 442.50 18 71.25
.00 793.00 42.30 .00 126.34 666.66 16 116.22
.00 4,307.00 .00 .00 4,307.00 .00 100 1,286.59
.00 1,295.00 105.28 .00 330.93 964.07 26 192.93
.00 .00 .00 .00 .00 .00 +++ 1,965.24
43,999.00 133,999.00 14,000.00 29,999.00 14,000.00 90,000.00 33 56,000.00 .00 .00 .00 .00 .00 .00 +++ 411.42
$43,999.00 $263,149.00 $23,376.83 $29,999.00 $48,118.21 $185,031.79 30% $77,098.00 .00 336,680.00 .00 .00 81,625.34 255,054.66 24% 89,265.78 43,999.00 263,149.00 23,376.83 29,999.00 48,118.21 185,031.79 30% 77,098.00 ($43,999.00) $73,531.00 ($23,376.83) ($29,999.00) $33,507.13 $70,022.87 $12,167.78 Grand Totals
42,650.00 43,204,094.00 1,217,638.56 .00 10,759,828.66 35,916,077.35 17% 10,286,547.43 19,656,749.00 68,524,457.00 2,746,536.43 5,823,068.66 9,295,634.58 53,394,862.42 22% 6,269,459.86 Grand Totals ($19,614,099.00) ($25,320,363.00) ($1,528,897.87) ($5,823,068.66) $1,464,194.08 ($17,478,785.07) $4,017,087.57
REVENUE
43100 Interest Income 10,180.00
43105 Interest and penalty .00
Fund 570 - Golf Course Totals ($564,549.00)
Fund 590 - Sports Arena Complex
51100 Salaries 89,310.00
51120 Vacation/Sick Leave Accrual Pay-Out 1,072.00
48820 Rentals 326,500.00
REVENUE TOTALS $336,680.00
EXPENSE
51600 Workers Compensation 1,044.00
51700 Disability Insurance 733.00
51500 Public Employees Retirement (PERS) 20,180.00
51504 Deferred Compensation 893.00
51903 Auto Allowance 1,920.00
51904 Technology Stipend 540.00
51900 Group Health & Life Ins 4,198.00
51901 Cash Back Incentive Pay 2,865.00
51930 Medicare/Employer Porti 1,295.00
52205 Office Supplies .00
51906 Post Employment Health Plan 793.00
51907 OPEB Cost Allocation 4,307.00
EXPENSE TOTALS $219,150.00
Fund 590 - Sports Arena Complex Totals
REVENUE TOTALS 336,680.00
54400 Professional Services 90,000.00
57404 Depr/Amort Expense .00
REVENUE TOTALS 43,161,444.00
EXPENSE TOTALS 48,867,708.00
($5,706,264.00)
EXPENSE TOTALS 219,150.00
Fund 590 - Sports Arena Complex Totals $117,530.00
Enclosure 2 - First Quarter FY 2024-25 Enterprise Funds Revenue and Expense Budget Report Page 4 of 4 To: Mayor and City Council
From: City Manager
Meeting Date: November 12, 2024
Subject: FIRST READING – ORDINANCE AMENDING CHAPTER
9.48, MOBILEHOME RENT STABILIZATION AND
MOBILEHOME OWNER PROTECTIONS
Recommendation:
1. Introduce and waive the first reading of the ordinance, amending Chapter 9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections of the Pico Rivera Municipal Code; and
2. Find the ordinance not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060 (c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines.
Fiscal Impact:
There is no fiscal impact to the General Fund associated with this ordinance.
Background:
On January 11, 2022, the City adopted the Mobilehome Rent Stabilization and Mobilehome Owner Protections, Ordinance No. 1153. Under this ordinance, a mobilehome park owner may increase space rent once per year, capped at 3%, unless otherwise permitted by the ordinance. In accordance with AB 2782, the ordinance applies to: 1) mobilehome leases that are 12 months or less regardless of when the lease was entered, and 2) mobilehome leases longer than 12 months, only if entered on or before February 13, 2020. After January 1, 2025, the rent stabilization ordinance will apply to all mobilehome leases unless the law is amended. The ordinance also includes several stringent provisions, such as application processes for both tenants and park owners, as well as appeal procedures.
On October 10, 2022, the City entered into an agreement with RSG Inc., (RSG) industry-leading experts in implementing rent stabilization ordinances for cities such as 18 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FIRST READING – ORDINANCE AMENDING CHAPTER 9.48, MOBILEHOME RENT
STABILIZATION AND MOBILEHOME OWNER PROTECTIONS
Carson, El Monte, and Santa Ana. Staff requested that RSG prioritize two tasks: 1) Park Owner Rent Registration, to establish a baseline for the status of leases, and 2) a review of the adopted ordinance, with recommendations on its efficiency and effectiveness.
Discussion:
On July 18, 2023, RSG presented its findings after reviewing rent registrations from all six (6) mobilehome parks. Table 1 displays the average rents based on the rent registrations collected from 2020 to 2023.
Table 1- Average Space Rent Per Mobilehome Park
Mobilehome Park # of Spaces Average Monthly Rent
Citrus Drive Trailer Park 26 $627.38
Elms Mobile Estates 25 $611.69
Rio Vista Park 119 $802.58
Shamrock Park 11 $504.44
Villa Nova Park 155 $833.84
Westland Estates 67 $1,406.97
RSG reviewed the collected Rent Registration forms submitted from each of the six (6) mobilehome parks and found that out of the 403 spaces, only one (1) space was found in non-compliance with the ordinance. Staff is in the process of working with the property owner to remediate the issue.
RSG also analyzed the ordinance for efficiency and effectiveness, recommending several updates to reduce administrative costs for staff as well as application costs for both renters and park owners. In collaboration with the City Attorney, proposed revisions have been drafted to streamline the ordinance's implementation while maintaining a fair balance between the interests of park residents and owners. These changes also address ambiguities in the existing text and align certain provisions with recent updates to state law.
On November 21, 2023, staff met with a mobilehome park resident/advocate and the Economic Development Ad Hoc Committee to review the proposed changes.
Two (2) major topics of concern were discussed:
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 12, 2024 FIRST READING – ORDINANCE AMENDING CHAPTER 9.48, MOBILEHOME RENT
STABILIZATION AND MOBILEHOME OWNER PROTECTIONS
1. Expiration of Exemptions for Long-term Leases – The proposed amendments clarify that once the exemption for long-term leases under Assembly Bill 2782 expires on January 1, 2025, rents will be rolled back to the rates as of October 13, 2020, plus the allowable 3% increase per year. The 3% increase will be calculated starting from 2022, when the Ordinance was first adopted.
2. Vacancy Control – The proposed amendments clarify that when a space is vacated, the park owner cannot set the rent higher than the 3% cap per year.
A summary of the proposed changes may be found as Enclosure 1.
Environmental Analysis:
Staff recommends that the City Council find that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environmental) and 15060 (c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Conclusion:
Staff recommends that the City Council introduce and waive the first reading of the ordinance amending Chapter 9.48, Mobilehome Rent Stabilization and Mobilehome Owner Protections, of the Pico Rivera Municipal Code. The ordinance will be brought for a second reading at the next available regularly scheduled City Council meeting and will become effective 30 days after adoption. Once adopted, staff will return to the City Council with specific budget actions, which include establishing application fees and compensation for the Board members. Staff will also begin educating residents and park owners about the adopted amendments.
Steve Carmona
SC:AB:JG:ca
Enclosures: 1) Ordinance
2) Summary of Amendments
3) Ordinance No. 1153
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, AMENDING CHAPTER 9.48 “MOBILEHOME
RENT STABILIZATION AND MOBILEHOME OWNER PROTECTIONS”
TO TITLE 9 OF THE PICO RIVERA MUNICIPAL CODE
WHEREAS, the City of Pico Rivera (“City”) is a general law city, incorporated under the laws of the State of California, and it has an interest in planning and regulating the use of property within the City; and
WHEREAS, the City desires to prevent and address unreasonable increases in mobilehome park space rents and help preserve affordable mobilehome space rents within the City while permitting mobilehome park owners to receive a fair return; and WHEREAS, there are currently six (6) mobilehome parks operating in the City, with a total of approximately 405 mobilehome spaces and City staff evaluated the condition of the six (6) mobilehome parks to note the lease cost and conditions with regard to maintenance and amenities for residents and other quality of life issues; and WHEREAS, mobilehome parks provide a significant pool of affordable housing for very low, low, and moderate income families, senior citizens, and the disabled residents in the City, and there has been a growing and alarming trend of excessive rent increases for mobilehome park spaces in the City; and
WHEREAS, on January 11, 2022 to address affordability concerns the City added Chapter 9.48, “Mobilehome Rent Stabilization and Mobilehome Owner Protections”, to Title 9 of the Pico Rivera Municipal Code; and
WHEREAS, On November 21, 2023, City staff, City Attorney, Economic Development Ad Hoc, and the Park resident advocate met to discuss the proposed amendments; and
WHEREAS, the City desires to amend Chapter 9.48, “Mobilehome Rent Stabilization and Mobilehome Owner Protections”, to further streamline implementation and provide clarity while preserving a fair balance between the interests of the park residents and owners.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals above are true and correct and hereby incorporated into this ordinance as though fully set forth herein.
ENCLOSURE 1
18a
ORDINANCE NO. _____
SECTION 2. Chapter 9.48 “Mobilehome Rent Stabilization and Mobilehome Owner Protections,” is hereby replaced in its entirety to Title 9 of the Pico Rivera Municipal Code and shall read as follows:
Chapter 9.48 MOBILEHOME RENT STABILIZATION AND
MOBILEHOME OWNER PROTECTIONS
9.48.010 Short Title.
This Chapter shall be known as “Mobilehome Rent Stabilization and Mobilehome Owner Protections.”
9.48.020 Definitions.
The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular:
“Base Rent” means the rent charged on October 13, 2020, when the City Council first introduced its intent to regulate Rent for Mobilehome Parks within the City. "Capital Improvement" means the addition, substantial repair, or replacement of any improvements to a Mobilehome Space within the geographic boundaries of a Mobilehome Park which materially adds to the value of the Mobilehome Park and appreciably prolongs its useful life or adapts it to new uses, and which is of the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations. "Code" means the City of Pico Rivera Municipal Code.
"City" means the City of Pico Rivera.
“City Council” means the City Council for the City of Pico Rivera. "CPI" means Consumer Price Index for all urban consumers of the Los AngelesRiverside-Orange County, California area, or any successor designation of that index that may later be adopted by the United States Department of Labor. Calculation of the change in CPI percentage will be determined by the Department. “Department” means the Community and Economic Development Department or any individual, organization, board or body, as designated by the City Council by adopting an appropriate resolution vesting the review powers and/or other duties set forth in this Chapter.
"Housing Services" means all services provided by a Mobilehome Park Owner related to the use or occupancy of a Mobilehome Space, including but not limited to, water and sewer, natural gas, electricity, refuse removal, management and administration, maintenance and repairs, recreation facilities (including pools), laundry facilities, storage space, parking (including one or more automobiles), security services, insurance and the payment of property taxes. The term "Housing Services" shall not include legal fees, mortgage payments, whether for principal, interest, or both, bonuses of any nature paid to Mobilehome Park employees, penalties, fees, damages, or interest assessed or awarded for violations of this Chapter or any other law, or any expenses for ORDINANCE NO. _____
which the Mobilehome Park Owner has been reimbursed by any security deposit, insurance, settlement, judgment for damages, settlement, or any other method. "Mobilehome" means the definition set forth in California Civil Code section 798.3. "Mobilehome Park" means any area of land in the City of Pico Rivera where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used as residences.
"Mobilehome Owner" means a person who owns a Mobilehome and is also renting a Mobilehome Space in a Mobilehome Park under a Rental Agreement with the Mobilehome Park Owner, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of the Mobilehome, which may include the use of the Housing Services of the Mobilehome Park and any other amenities. “Mobilehome Park Rental Review Board” or Board means a five (5) member board who shall hear and determine rent adjustment Applications seeking either an adjustment for Capital Improvement expenditures incurred and/or for an adjustment to assure a Mobilehome Park Owner a “fair return” as constitutionally allowed by law, and determine whether to approve, modify or disapprove such a rent adjustment pursuant to the procedures set forth in the Ordinance.
"Mobilehome Residency Law" means California Civil Code sections 798 through 799.11.
"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 whether or not the Mobilehome Space is permitted pursuant to State or local law.
"Mobilehome Park Owner" means the owner, lessor, operator or manager of a Mobilehome Park in the City who receives, or is entitled to receive, Rent for the use and occupancy of any Mobilehome Space, and the agent, representative or successor of any of the foregoing.
"Rent" means consideration paid for the use or occupancy of a Mobilehome Space or for Housing Services provided, or both, but does not include any of the following, each of which shall be separately listed and identified in the Rental Agreement:
a. Any amount paid for renting the Mobilehome;
b. Security deposits;
c. User fees for services or facilities which may be utilized at the option of the Mobilehome Owners and are expressly not included as Rent in the Rental Agreement;
d. Utility charges for those Mobilehome Parks which bill the Mobilehome Owner separately, whether or not the Mobilehomes are individually metered; e. Any Rent discounts, incentives, concessions, or credits offered by the Mobilehome Park Owner; or
f. Any pass-through authorized pursuant to this Chapter. "Rental Agreement" means a lease or other oral or written agreement between the Mobilehome Park Owner and Mobilehome Owner establishing the terms and conditions of the Tenancy.
"Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Mobilehome Park on or after the effective date of this Chapter, including but not limited to, services the Mobilehome Park Owner is required to provide pursuant to:
ORDINANCE NO. _____
a. California Civil Code section 1941 et. seq.;
b. The Mobilehome Residency Law;
c. The Mobilehome Parks Act, California Health and Safety Code section 18200 et seq.;
d. The Mobilehome Park Owner's implied warranty of habitability, which cannot be contractually excluded or waived;
e. A Rental Agreement between the Mobilehome Park Owner and the Mobilehome Owner;
f. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Mobilehome Owner at the time of execution of the Rental Agreement with the Mobilehome Park Owner; and g. Applicable rules or regulations of the Mobilehome Park. "State" means the State of California.
"Tenancy" means the legal right of a Mobilehome Owner or any other occupant who took possession of the Mobilehome for the use or occupancy of the Mobilehome, to use a Mobilehome Space within a Mobilehome Park on which to locate, maintain, and occupy a Mobilehome, site improvements, and accessory structures for residence, including the use of the Housing Services and facilities of the Mobilehome Park, subject to the terms and conditions of the Rental Agreement and Mobilehome Residency Law.
9.48.030 Base Rent.
Except as hereinafter provided, a Mobilehome Park Owner shall not demand, accept, or retain Rent for a Mobilehome Space exceeding the Base Rent set forth in Section 9.48.020. Notwithstanding the foregoing, a Mobilehome Park Owner shall be permitted to adjust the Base Rent from the date set forth in Section 9.48.020 by the amount allowed in Section 9.48.040 (D).
9.48.040 Permitted Rent Increases for Mobilehome Spaces.
A. A Mobilehome Park Owner may impose an annual Rent increase for any Mobilehome Space, as allowed in this Section, only after providing at least ninety (90) days written notice to the Mobilehome Owner of the Rent increase pursuant to the California Civil Code section 798.30.
B. A Mobilehome Park Owner must initially register each Mobilehome Space by providing the Base Rent as of October 13, 2020, on a form approved by the Department.
C. A Mobilehome Park Owner may impose an annual Rent increase only upon completing the initial registration pursuant to Section 9.48.050, and in compliance with federal, State, and local laws and requirements.
D. Annual Rent increases shall be limited to the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI. “Change in the Consumer Price Index” will be calculated as using the change from January 31st of the prior year to January 31st of the current year in the United States Consumer Price Index ORDINANCE NO. _____
for all Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics.
E. Only one Rent Increase may be imposed on a Mobilehome Owner or upon an Mobilehome Space during any one twelve (12) month period. Notwithstanding any provisions of the allowable Rent Increases set forth in Section H, I and J, below, only one permitted Rent Increase may be imposed upon a Mobilehome Owner or Mobilehome Space during any one twelve (12) month period.
F. Notice, Calculation, and Application of Allowable CPI Rent Increase.
1. Calculation of CPI Rent Increase. The allowable annual Rent increase shall be calculated by the Department.
2. Application of CPI Rent Increase. An Application for an allowable CPI Rent Increase pursuant to this Chapter shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. The Application shall specify the address of the mobilehome park, the space number or numbers for which the allowable annual Rent Increase is requested, and the amount of the allowable annual Rent adjustment permitted under this Chapter. The Application will articulate any changes in tenancy and/or changes to Housing Services.
3. A determination of completeness shall be made by the Department within thirty (30) days of submission. Mobilehome Owners may review the Application in the Department and may also obtain copies of the Application upon payment of the City’s copying costs.
4. Unless waived by the Mobilehome Park Owner in writing, the Department Director shall, within thirty (30) days of the date that the Application is determined to be substantially complete, approve the rent increase as properly calculated under this Chapter. The determination of the Department of the allowable annual CPI Rent shall be final.
G. Rent Excess Paid.
1. In the event a Mobilehome Owner paid Rent in excess of that permitted by the Department, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the Rent overpayment.
2. The Mobilehome Park Owner may elect either:
a. Reimburse the Mobilehome Owner for the Rent overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
b. Reimburse the Mobilehome Owner for the Rent overpayment over a six (6) month period in the form of a monthly credit towards Rent otherwise due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due.
3. Reimbursement(s) for Overpayment Exceeds Rent Due. Where the reimbursement(s) due to the Mobilehome Owner exceeds the Rent due for the remainder of the Tenancy, the reimbursement(s) exceeding the Rent due shall be paid to the ORDINANCE NO. _____
Mobilehome Owner as a lump sum payment within thirty (30) calendar days of the Department’s determination of a rent overpayment.
H. Rent Paid Following Vacancy of Mobilehome Space.
1. A Mobilehome Park Owner may increase the Rent for the next Mobilehome Owner by the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI, as further provided in Section 9.48.040 (D), whenever either of the following events occur:
a. The termination of the Tenancy of the affected Mobilehome Owner in accordance with the Mobilehome Residency Law; or b. The voluntary, permanent removal of a Mobilehome by a Mobilehome Owner from a Mobilehome Space.
c. A removal of the Mobilehome from the Mobilehome Space due to fire, earthquake, or water damage, or for the purpose of upgrading the Mobilehome, shall not constitute a voluntary removal of the Mobilehome.
2. Upon the sale of a Mobilehome located in a Mobilehome Space where the Rental Agreement with the original Mobilehome Owner or resident has expired, a Mobilehome Park Owner may increase the Rent for that Mobilehome Space in an amount not to exceed the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI.
3. Rent increases following vacancy shall not be reduced by any previously approved pass-through fees or costs.
4.The Rent for purposes of calculating the initial Rent for the next Mobilehome Owner following vacancy of a Mobilehome Space, as further provided in paragraph section 9.48.040 (D), shall be the last rental rate charged for the Mobilehome Space under the previous Rental Agreement.
5. No Rent increase may be imposed following vacancy of a Mobilehome Space pursuant to this Section if a Rent increase was imposed within the twelve (12) month period preceding the proposed Rent increase.
I. Allowable Rent Following Expiration of an Exempt Lease or upon Sunset of Rent Stabilization Exemption. In the event a Mobilehome Space was previously exempt under a Rental Agreement pursuant to California Civil Code section 798.17, the Rent shall be rolled back to the cost as of October 13, 2020, in addition to the yearly increase of the lesser of three percent (3%) or seventy-five percent (75%) of the percentage change in the CPI, as further provided in paragraph section 9.48.040 (D).
J. Allowable Rent Increases upon “In-Place” Transfer of Mobilehome Ownership.
1. For Mobilehome Spaces subject to this Chapter, upon the Mobilehome Owner’s “in-place” sale, transfer, or other conveyance of a Mobilehome to a new Mobilehome Owner, the Mobilehome Park Owner may increase the Rent in an amount not to exceed three percent (3%) of the annual rent paid by the prior Mobilehome Owner or seventy-five percent (75%) of the percentage change in the CPI.
2. No Rent increase under an existing Rental Agreement subject to this Chapter may be imposed pursuant to this Section when:
a. An existing Mobilehome Owner or resident replaces an existing Mobilehome with another Mobilehome, and occupies the same Mobilehome Space under an existing Rental Agreement subject to the provisions of this Chapter; ORDINANCE NO. _____
b. Title to the Mobilehome passes to one or more persons who, at the time of the title transfer, (i) is a lawful, authorized resident of the Mobilehome, or (ii) is a spouse, registered domestic partner, child, grandchild under 18 years of age, parent, or grandparent of the Mobilehome Owner, and the Mobilehome remains in the same Mobilehome Space; or
c. A Rent increase was imposed pursuant to this Section within the twelve (12) month period preceding the proposed Rent increase.
K. Mobilehome Owner’s Right of Refusal. A Mobilehome Owner may refuse to pay a Rent increase which is in violation of this Chapter. Such refusal to pay more than the permitted amount shall be a defense in any action brought to recover possession of a Mobilehome Space or to collect the Rent increase.
L. Rent Banking. A Mobilehome Park Owner who does not impose an annual Rent increase or a portion of the permitted annual Rent increase in any twelve (12) month period, as provided in this Section, waives the annual Rent increase or the remaining portion of the permitted annual Rent increase, for the remainder of the Tenancy.
M. Exemptions. The following are exempt from this Section:
1. Mobilehome Spaces that meet the exemption requirements of the Mobilehome Residency Law or are otherwise expressly exempt under State or federal law.
2. Newly constructed Mobilehome Spaces, for a period of 15 years from the date upon which 50 percent (50%) of the spaces in the Mobilehome Park are initially held for rent measured from the date of issuance of a permit or certificate of occupancy for that space, per California Civil Code section 798.45.
3. Mobilehome Spaces used or rented for non-residential uses.
4. Mobilehome Spaces owned, managed, or operated by a government agency.
9.48.050 Initial Rental Registration.
A. Registration of Housing Services. When registering each Mobilehome Space, the Department requires a Mobilehome Park Owner to register all Housing Services available to the Mobilehome Owners.
B. Registration must include, but is not limited to, the following information:
1. Rent for each Mobilehome Space in the Mobilehome Park and the date of the last Rent increase for the Mobilehome Space. a. If a Mobilehome Space is not the site of any Tenancy at the time of registration, include the most recent Rent for that Mobilehome Space.
2. The name, business address, and telephone number of each Mobilehome Park Owner in the Mobilehome Park and the nature of such ownership interest.
3. The number of Mobilehome Spaces in the Mobilehome Park.
4. The name and mailing address of each Mobilehome Owner.
5. A map of the Mobilehome Park.
ORDINANCE NO. _____
6. Move-in and vacancy dates for each Mobilehome Owner.
7. A description of Housing Services provided by the Mobilehome Park
8. The date each Mobilehome Space was first offered for rent.
9. The term of each Rental Agreement.
10. The rules and regulations of the Mobilehome Park.
9.48.060 Mobilehome Owner Rental Agreement.
A. A Mobilehome Owner shall be offered a Rental Agreement for: (1) a term of twelve (12) months, or (2) a lesser period as the Mobilehome Owner may request, or (3) a longer period as mutually agreed upon by both the Mobilehome Owner and the Mobilehome Park Owner or its management.
B. Rental Agreements executed between a Mobilehome Park Owner and a Mobilehome Owner shall follow the requirements and procedures set forth in the California Mobilehome Residency Law and this Chapter.
C. No Rental Agreement for a Mobilehome Space shall contain a provision by which the Mobilehome Owner waives his or her rights under the provisions of the California Mobilehome Residency Law. Any such waiver shall be deemed contrary to public policy and void.
D. Neither a Mobilehome Owner nor a prospective Mobilehome Owner shall be required to sign a Rental Agreement that is exempt from or that does not comply with the provisions of this Chapter.
E. A Mobilehome Park Owner shall include language in the Rental Agreement that a Mobilehome Owner may be subject to pass-through costs that have been reviewed and approved by the Board.
F. A prospective Mobilehome Owner who has not moved into the Mobilehome Space may cancel a Rental Agreement by notifying the Mobilehome Park Owner or its management in writing of the cancellation within seventy-two (72) hours of the execution of the Rental Agreement.
9.48.070 Notice to Mobilehome Owners.
A. Mandatory Notices to Mobilehome Owners. Mobilehome Park Owners must provide to each Mobilehome Owner, prior to, or at the time of agreeing to Rent a Mobilehome Space, a notice of Mobilehome Owner's rights under this Chapter and a copy of the Mobilehome Residency Law. The Department shall publish a form notice of Mobilehome Owner's rights in English and other frequently spoken languages. A Mobilehome Park Owner must provide the form notice in the following circumstances:
1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;
2. When renewing a Rental Agreement; and
3. When providing a notice of a Rent increase or decrease or a Service Reduction.
B. Notice Regarding Potential Pass-Through Costs and Fees. A Mobilehome Park Owner shall include language in the Rental Agreement that Mobilehome Owner ORDINANCE NO. _____
may be subject to pass-through costs and fees that have been reviewed and approved by the Board
C. If the Rental Agreement is negotiated or written in a language other than English, the Mobilehome Park Owner must also provide the form notice of Mobilehome Owner's rights in English and the language in which the Rental Agreement was negotiated or written.
D. Posting on Property. A Mobilehome Park Owner must post a copy of the form notice of Mobilehome Owner's rights, as published by the Department, in an on- site management office or in an accessible area of the Mobilehome Park.
9.48.080 Fair and Reasonable Return Application
A. Right of the Mobilehome Park Owner to Request Fair Return Increase. In the event a rent increase as set forth in Section 9.48.040 does not provide the Mobilehome Park Owner with a Fair and Reasonable Return, the Mobilehome Park Owner may request an increase more than said amounts by filing an Application for rent adjustment in order to obtain a fair return, in accordance with the provisions of Sections 9.48.080, 9.48.090 and 9.48.120. A Mobilehome Park Owner shall have the burden to prove the necessity of any additional rent increase necessary to earn a Fair and Reasonable Return.
B. A Mobilehome Park Owner must initially register each Mobilehome Space pursuant to Section 9.48.050 by providing the Base Rent as of October 13, 2020, on a form as approved by the Department prior to submitting a Fair and Reasonable Return Application.
C. Presumption of Fair Return. For the purposes of determining the rent adjustment necessary to provide the Mobilehome Park Owner with a Fair and Reasonable Return, it shall be presumed that the net operating income, as described below, received by the Mobilehome Park Owner in the Base Year, provided the Mobilehome Park Owner with a Fair and Reasonable Return.
D. Maintenance of Net Operating Income (“MNOI”) Analysis. The MNOI analysis compares the net operating income level expected from the last rent increase granted to a park owner and prior to any pending rent increase application to the net operating income demonstrated in any pending rent increase application. An MNOI analysis is a method used to determine a constitutional fair return by evaluating the rent increase to the prior rent increase, with appropriate adjustments to the CPI, and is a methodology approved by the courts in which changes in debt service expenses are not considered.
E. Base Year and Current Year.
1. "Current year" is the most recently completed calendar year ending on December 31st.
2. "Initial base year" means the 2019 calendar year, which is the fully complete year preceding the initial registration on October 13, 2020.
3. “Base year” means the calendar year that was considered the current year in the Application last approved by the Board.
F. Calculation of Net Operating Income
ORDINANCE NO. _____
1. Net operating income. Net operating income shall be calculated by subtracting operating expenses from gross income.
2. Gross Income
a. Gross income equals the following:
(i). Gross space rents, computed as gross space rental
income at one hundred (100) percent occupancy; plus
(ii). Other income generated because of the operation of the park, including but not limited to laundry and recreational vehicle storage; minus (iii). Uncollected space rents due to vacancy and bad
debts to the extent that the same are beyond the park owner's control. Uncollected space rents more than three (3) 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 (3) years' experience shall be used, or some other comparable method.
b. Gross income shall not include:
(i). Charges for sub-metered gas and electricity utilities, which are covered by the California Public Utilities Commission rate differential for maintenance and Capital Improvements.
(ii). Charges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to mobile home residents solely on a cost pass-through basis and or regulated by state or local law. (iii). Any amount paid for the use and occupancy of a
mobile home unit (as opposed to an amount paid for the use and occupancy of a mobile home space).
3. Operating Expenses
a. Operating expenses shall include the following:
(i). Any reasonable cost of operation and maintenance
associated with a mobilehome park. 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 Board finds any such expense to be unreasonable, the Board shall adjust the expense to reflect the normal industry or other comparable standard.
(ii). Normal repair and maintenance expenses for the
grounds and common facilities, including but not limited to landscaping, cleaning, repair of equipment and facilities.
(iii). Insurance premiums prorated over the life of the policy. (iv). Management Expenses. Fees paid to management
companies not more than 6% of the net income are allowable. Costs incurred for resident managers, inclusive of related housing costs if paid by the Mobilehome Park Owner, are allowable in addition offsite management expenses so long as there is no evidence of duplication of service and the combined cost does not exceed 6% of the net income. (v). Utility Cost. Utility cost except utility where the consideration of income associated with provision of the utility service is regulated by state law and consideration of the cost associated with the provision of the utility service is ORDINANCE NO. _____
preempted by state law.
(vi). Real Property Taxes. Property taxes are an allowable expense, subject to the limitation that property taxes attributable to an assessment in a year other than the base year or current year shall not be considered in calculating base year and/or current year operating expenses.
(vii). License and Registration Fees. License and
registration fees required by law to the extent that these expenses are not otherwise paid or reimbursed by tenants.
(viii). Other taxes, fees and permits.
(ix). Mobilehome Park Owner -Performed Labor.
Mobilehome Park Owner -performed labor compensated at reasonable hourly rates. (a) No Mobilehome Park Owner -performed labor shall be
included as an operating expense unless the Mobilehome Park Owner submits documentation showing the date, time, and nature of the work performed. (b) There shall be a maximum allowed under this
provision of five percent of gross income unless the Mobilehome Park Owner shows greater services were performed for the benefit of the residents. (x). Legal Expenses. Attorneys' fees and costs incurred in connection with successful good faith attempts to recover rents owing, successful good faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the park to the extent such expenses are not recovered from adverse or other parties. b. Exclusions from Operating Expenses. Operating expenses shall not include the following:
(i). Mortgage principal or interest payments or other debt service costs.
(ii). Any penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or of any other provision of law. (iii). Land lease expenses.
(iv). Political contributions and payments to organizations which are substantially devoted to legislative lobbying purposes. (v). Depreciation.
(vi). Any expenses for which the Mobilehome Park Owner
has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, judgment for damages, settlement or any other method or device. (vii). Unreasonable increases in expenses since the base year.
(viii). Expenses associated with the provision of mastermetered gas and electricity services. (ix). Expenses which are attributable to unreasonable
delays in performing necessary maintenance or repair work or the failure to complete necessary replacements (e.g., a roof replacement may be a reasonable expense, but if water damage occurred as a result of unreasonable delays in repairing or replacing the roof, it would not be reasonable to pass through the cost of repairing the water damage). (x). Expenses incurred by a Mobilehome Park Owner to
prepare, file, or pursue a Fair and Reasonable Return Application are not an allowable ORDINANCE NO. _____
operating expense and may not be passed onto the Mobilehome Owner. Such fees and costs include, but are not limited to, attorney fees or other similar professional services costs.
c. Adjustments of Operating Expenses. Base year and/or current operating expenses may be averaged with other expense levels for other years or amortized or adjusted by the CPI or may otherwise be adjusted, in order to establish an expense amount for that item which most reasonably serves the objectives of obtaining a reasonable comparison of base year and current year expenses. Grounds for such adjustments include, but are not limited to:
(i). An expense item for a particular year is not representative; (ii). The base year expense is not a reasonable projection of average past expenditures for that item in the years immediately preceding or following the base year;
(iii). The current year expense is not a reasonable projection of expenditures for that item in recent years or of future expenditures for that item; (iv). A particular expense exceeds the normal industry or other comparable standard for the area, the park owner shall bear the burden of proving the reasonableness of the expense. To the extent that it is found that the expense is unreasonable it may be adjusted to reflect the normal industry standard; (v). A base year expense is exceptionally low by industry standards and/or on an inflation adjusted basis is exceptionally low relative to current year expenses although the level or type of service has not changed significantly; (vi). An increase in maintenance or management expenses is disproportionate to the percentage increase in the CPI, while the level of services has not changed significantly and/or is not justified by special circumstances.
G. Per Space Rent Adjustment pursuant to Fair Return Standard. The allowable rent increase per mobilehome park space pursuant to this section shall not be increased as a result of the fact that there are exempt spaces in the park.
H. Assurance of a Fair Return. It shall be presumed that the MNOI standard provides a fair return. Nothing in this Chapter shall preclude the Board from granting an increase that is necessary in order to meet constitutional fair return requirements.
9.48.090 Submission of Mobilehome Park Owner Fair and Reasonable Return Application
A. Application Submission Deadline. A Mobilehome Park Owner may submit an application for a rent increase in order to obtain a fair return. No Application for a fair return rent adjustment may be filed pursuant to this Chapter until thirty days after this Chapter goes into effect. Applications must be filed with the Department within six (6) months of the end of the calendar year.
B. Limit on Frequency of Application. Only one Application pursuant to this Section may be filed for a mobilehome park within a twelve (12) month period. If a CPI Rent increase is approved within the same twelve (12) month period a Fair and Reasonable Return Application is approved, the approved fair return rent increase will ORDINANCE NO. _____
be net of the CPI approved increase allowed under Section 9.48.040.
C. Submission of Application.
1. Application Form Required. Such Application shall be on a form prescribed by the Department.
2. Application Fee. Mobilehome Park Owner may apply for fair and reasonable Rent increase only upon completing the initial registration pursuant to Section 9.48.050 and paying the required Application fee pursuant to Section 9.48.120, and in compliance with federal, State, and local laws and requirements.
3. Cost of Expert Analysis. Upon the receipt and review of a fair return Application, the Department may determine if the employment of experts will be necessary or appropriate for a proper analysis of the applicant's Application. If the Department so determines, the Department shall also determine the anticipated cost of employing any such experts. The resulting figure shall be communicated to the applicant. The Application shall not be further processed until the applicant has paid to the Department the estimated cost of expert analysis. Any unused portion for payments so collected shall be refunded to the applicant.
4. Contents of Application Form. The form may require any information deemed relevant by the Board. The form shall include, but not be limited to:
a. A list of the names and addresses of all mobilehome park tenants subject to the rent increase.
b. A statement of the date the rent increase is proposed to be effective.
c. The rent for each space in the park in the base year, the current year, and the three (3) prior years.
d. An income and expense statement for the base year, the current year, and the three years prior to the current year. e. Evidence documenting the income and expenses claimed by the Mobilehome Park Owner.
f. All other documentation and opinion testimony upon which the Mobilehome Park Owner is relying to justify the rent increase. g. Other information as required by the Procedures and
Guidelines in accordance with Section 9.48.120 and 9.48.150.
9.48.100 Pass-Through Capital Improvement Cost Recovery.
A. Pursuant to this Section, a Mobilehome Park Owner may file an application with the Department, on a form approved by the Department, to pass- through Capital Improvement costs to affected Mobilehome Owners in Mobilehome Spaces. Such application may include a request to exceed any prescribed limitations described in Section 9.48.040 if necessary for the Mobilehome Park Owner to pass- through Capital Improvement costs.
B. A Mobilehome Park Owner may not pass-through Capital Improvement costs to Mobilehome Owners until the Department approves the Mobilehome Park Owner's application, the Mobilehome Park Owner registers each Mobilehome Space pursuant to ORDINANCE NO. _____
Section 9.48.050 and is in compliance with federal, State, or local law requirements. The approved pass-through Capital Improvement costs should appear as a separate line item on the Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent.
1. A Mobilehome Park Owner must cease collecting the pass-through Capital Improvement cost when the Mobilehome Park Owner recovers the costs permitted by the Department.
2. In the event a Mobilehome Owner paid pass-through Capital Improvement costs in excess of that permitted by the Department or beyond the date of expiration of the pass-through, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the pass-through overpayment.
a. The Mobilehome Park Owner may elect to either:
(i) Reimburse the Mobilehome Owner for the pass-through overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
(ii) Reimburse the Mobilehome Owner for the pass-through overpayment over a six (6) month period in the form of a monthly credit towards any monthly obligation(s) due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due. b. Reimbursement(s) for Overpayment Exceeds Monthly
Obligation(s) Due. Where the reimbursement(s) due to the Mobilehome Owner exceeds the total monthly obligation(s) due for the remainder of the Tenancy, the reimbursement exceeding the monthly obligation(s) shall be immediately paid to the Mobilehome Owner as a lump sum payment.
C. Interest Allowance for Expenses that Are Amortized. An interest allowance shall be allowed on the cost of amortized expenses; the allowance shall be the interest rate equal to the "average rate" for thirty (30) year fixed rate on home mortgages. The "average rate" shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (PMMS) as of the date of the initial submission of the Application. In the event that this rate is no longer published, the index which is most comparable to the PMMS index shall be used.
D. Pursuant to this Section, no Capital Improvement cost pass-through shall increase monthly Rent over ten percent (10%), unless due to extenuating circumstances and approved by the Board.
E. Capital Improvement Cost Pass-Through. A Mobilehome Park Owner may recover up to fifty percent (50%) of a Capital Improvements cost from existing Mobilehome Owners if the Capital Improvement is in accordance with the procedures and guidelines and with this Chapter.
1. Capital Improvement must be for the primary benefit, use and enjoyment of Mobilehome Owners, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the Mobilehome Park.
2. Capital Improvements do not include the following:
ORDINANCE NO. _____
a. Normal routine maintenance and repair, including, but not limited to routine maintenance or repair of a street or driveway. b. Costs of maintenance and repair, as opposed to replacement. c. Costs of replacement if the replacement was necessary because of the Mobilehome Park Owner's failure to carry out said maintenance responsibilities, as determined by the Department.
d. Costs to maintain physical improvements in the common facilities in good working order and condition, including pursuant to California Civil Code section 798.15.
e. Additions or replacements made to bring the Mobilehome Park into compliance with a provision of the State or local law if the Mobilehome Space has not been in compliance with said provision from the time of its original construction or installation and such provision was in effect at the time of such construction or installation.
f. Coin-operated improvements or improvements for which a "use fee" or other charge is imposed on Mobilehome Owners for their use.
9.48.110 Submission of Mobilehome Park Owner Capital Improvement Application A. Application for Recovery of Pass-Through Capital Improvement Costs. A Mobilehome Park Owner must submit an Application for Recovery of Pass-Through Capital Improvement Costs, on a form approved by the Department, one (1) year of completion of the Capital Improvement.
B. Contents of Application Form. Said Application must be in compliance with the procedures and guidelines, contain the following information, and be accompanied by copies of relevant supporting documentation:
1. A description of the completed Capital Improvement;
2. A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the Capital Improvement and the cost of financing the Capital Improvement;
3. The proposed amortization period to be used based on the procedures and guidelines, if the period differs from one hundred twenty (120) months;
4. A list of the Mobilehome Owners that will be affected by or benefit from the Capital Improvement;
5. The formula used to calculate the pro rata share of each Mobilehome Owner; Owner; Improvement;
6. The monthly cost to each affected or benefiting Mobilehome;
7. The commencement and completion dates of the Capital; and
8. Such other information as may be requested.
9.48.120. Procedures for Permitted Rent Increases upon Applications Approved by the Board
A. A Mobilehome Park Owner seeking a Rent adjustment or a Capital Improvement pass-through pursuant to sections 9.48.080 and 9.48.100 may file with ORDINANCE NO. _____
the Department an Application for one (1) or more mobilehome spaces for approval by the Board pursuant to this Chapter.
B. An Application pursuant to this Chapter shall be filed upon a form prescribed by the Department and shall be accompanied by the payment of a fee to be established by resolution of the City Council. Supporting documentation shall be filed with the Application and the Mobilehome Park Owner shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may deem necessary for the Board to make its determination concerning the Application. The Application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department.
C. An Application accompanied by the required fee shall be accepted and lodged by the Department but shall not be filed until it is substantially complete, and the time periods provided by this Chapter for processing the Application shall not begin to run until an Application is substantially complete and filed. The Department shall determine within thirty (30) days after the receipt of an Application whether said Application is complete. If the Department determines that an Application is not complete, it shall so notify the Mobilehome Park Owner in writing and the notice shall state what additional information is required to complete the Application. An application which is substantially complete but lacks documentation to support certain claims can be processed for hearing, but any claimed expenses lacking adequate documentation shall not be allowed as operating expenses. Any Application which has not been substantially completed within six (6) months of its submission to the Department shall be returned to the Mobilehome Park Owner. Thereafter, a new Application and fee shall be required if the Mobilehome Park Owner wishes to apply for a rent increase.
D. Upon receipt of an Application, the Department shall mail a notice to the affected Mobilehome Owners informing them that an Application has been lodged and is being reviewed for completeness. The notice shall also state the amount of the increase being sought. Mobilehome Owners may review the Application in the Department and may also obtain copies of the Application upon payment of the City’s copying costs. Upon determining that the Application is substantially complete, the Department shall mail a notice to the Mobilehome Park Owner stating that the Application is substantially complete and has been filed. At the same time, the Department shall mail a notice to the affected Mobilehome Owners stating that the Application is substantially complete and informing them of the amount of the rent increase sought and that they have until thirty (30) days prior to the hearing on the Application to submit written statements, photographs, documents, or other evidence relating to the Application, to the Department for Board consideration. All materials submitted by a Mobilehome Park Owner, Mobilehome Owner or any other interested party are public records, may be inspected and may be copied upon payment of the City’s copying costs.
E. Examination and Inspection. The Department shall be permitted by a ORDINANCE NO. _____
Mobilehome Park Owner, during reasonable business hours, to visit the Mobilehome Park and confirm if a Capital Improvement was completed and that the Capital Improvement cost amount is justified. Similarly, the Department shall be permitted to examine the condition of the Mobilehome Park and Housing Services as part of a Fair and Reasonable Return Application.
F. The Board shall hold a public hearing on an Application no earlier than sixty (60) days and no later than (90) days of the date that the Application is determined to be substantially complete. Notice of the time, date and place of the hearing shall be mailed to the Mobilehome Park Owner and affected Mobilehome Owners at least fifteen (15) days prior to the hearing date. The staff report on an Application shall be provided to Board Members, and made available to the Mobilehome Park Owners, the Mobilehome Owners and their designated representatives, if any, at least seven (7) days prior to the hearing.
G. At the public hearing, the Mobilehome Park Owner, affected Mobilehome Owners, their representatives and any interested person may offer any testimony that is relevant to the Application. They may offer documents, written declarations, photographs or other written or documentary evidence for the first time at the hearing only if good cause is shown why such evidence could not, with reasonable diligence, have been filed with the Department fourteen (14) days prior to the hearing. Board Members and Alternates may testify at a hearing on a rent increase Application only when they have recused themselves and the Application involves a park in which they reside, have a financial interest or manage, or in which a parent, grandparent or siblings of the Board Member or Alternate resides.
1. All persons testifying at the hearing shall be sworn under penalty of perjury. Formal rules of evidence shall not be applicable to the hearing.
H. The Board may approve the increase requested, approve a modified increase or deny the Application and shall adopt a written resolution setting forth its findings and decision no later than seventy-five (75) days after the Application was deemed substantially complete.
I. Notice of the Board’s determination on an Application shall be mailed to the Mobilehome Park Owner and all affected Mobilehome Owners at the Mobilehome Spaces designated in the Application.
J. The time in which the Board must open the hearing on an Application and the time in which the Board must make any final decision may be extended with the consent of the Mobilehome Park Owner and may be extended without the consent of the Mobilehome Park Owner if the need for the extension is caused by the conduct of the Mobilehome Park Owner. In the event the Board is unable to make its decision within the time limits set forth in this Chapter, including any extensions of time consented to by the Board’s inability to make a timely decision is not due to the conduct of the Mobilehome Park Owner, or some cause beyond the Board’s control, such as, but not limited to, fire, earthquake or flood, the Board shall at the time it grants any rent increase based on this Section, grant a temporary additional rent increase to the Mobilehome Park Owner to compensate for the difference between the rental income received between the time when ORDINANCE NO. _____
an increase should have been granted pursuant to the time limits set forth in this Chapter and the rental income that would have been received if the increase had been timely granted.
K. The determination of the Board shall be final.
9.48.130 Mobilehome Park Rental Review Board.
A. The Mobilehome Park Rental Review Board (“Board”) is hereby established and shall consist of five (5) members. In order to provide varied and balanced backgrounds, one (1) member shall be a Mobilehome Owner, one (1) member shall be a Mobilehome Park Owner and three (3) members shall be At Large Members, who shall be residents of the City who are not Mobilehome Owners, Mobilehome Park Owners, property managers or tenants in multifamily housing. There shall also be five (5) Alternate Members; one (1) Alternate shall be a Mobilehome Owner, one (1) Alternate shall be a Mobilehome Park Owner and three (3) Alternates shall be At Large. The terms of the Board Members shall be two (2) years and a Board Member shall continue to serve until a successor has been appointed. The terms of the Board Members appointed following adoption of the ordinance codified in this Chapter shall expire two (2) years after their respective appointment dates.
All Board Members and Alternate Board Members shall be appointed in the manner set forth by resolution of the City Council and shall serve at the will of the City Council. The tenure of any Board Member and Alternate shall be terminable at will, and without cause, on the motion of any member of the Council, duly seconded, and with the approval of a majority of the entire City Council present. If a vacancy occurs in a Board Member or Alternate Board Member position, an appointment shall be made in the manner set forth by resolution of the City Council. Each Board Member or Alternate shall continue to serve until a successor has been appointed and has qualified unless the City Council declares the position to be vacant. All appointments shall be made in an open meeting of the City Council.
An Alternate shall serve on the Board in the absence of a Board Member. The Alternate to be called first, if available, shall have the same qualification as to home ownership or park ownership as the absent Board Member. If the Alternate Member with the same qualifications as the absent Member should be unavailable, an At Large Alternate shall be called on to serve in place of the absent Member. A Mobilehome Owner Alternate shall not serve in place of a Mobilehome Park Owner Member and a Mobilehome Park Owner Alternate shall not serve in place of a Mobilehome Owner Member.
B. If a member of the Board is absent from three (3) successive regular meetings without being excused by the Board or is absent for any reason for more than six (6) regular meetings in any twelve (12) month period, the office of such member shall be vacated and the Chair shall immediately notify the City Manager, who shall notify the City Council that said office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed in the manner set forth by resolution of the City Council with the approval of a majority of the entire City Council present.
C. The Board shall establish the time of any hearings or meetings held pursuant to ORDINANCE NO. _____
this Chapter and such hearings or meetings shall be held in the City Hall as often as the Board determines to be necessary to discharge its duties hereunder.
D. The Board shall elect one (1) of its members as the Chair and one (1) as Chair Pro Tem and said election shall be held as soon as practicable after each new term commences or new appointments are made to the majority of the Board Member positions.
Three (3) Board Members, counting any Alternate serving in the absence of a Board Member, shall constitute a quorum. The decisions of the Board shall be made by a majority vote, provided however, that if there are not an equal number of Mobilehome Owner Members and Mobilehome Park Owner Members, then a two-thirds (2/3) vote, and in no case less than three (3) affirmative votes, shall be required to reach a decision on a rent increase or rent adjustment Application.
E. The duties and responsibilities of the Board shall include the following:
1. The Board shall make any recommendations to the City Council the Board deems appropriate regarding the implementation and enforcement of the provisions of this Chapter.
2. The Board shall hear and determine rent adjustment Applications seeking either an adjustment for Capital Improvement expenditures incurred and/or for an adjustment to assure a Mobilehome Park Owner a “fair return” as that term is defined by law, and determine whether to approve, modify or disapprove such a rent adjustment pursuant to the procedures set forth in this Chapter.
3. The Board shall implement Sections 65863.7-65863.8 and 66427.4- 66427.5 of the California Government Code which address Mobilehome Park closures, conversions and change of use pursuant to the procedures set for in Section 9.48.190.
4. Each Board Member or Alternate of the Mobilehome Park Rental Review Board shall receive compensation, at a rate to be established by resolution of the City Council, for each meeting of the Mobilehome Park Rental Review Board attended by such Board Member or Alternate.
9.48.140 Retaliatory Eviction and Anti-Harassment.
A. No Mobilehome Park Owner, or any person acting as a principal or agent, offering a Mobilehome Space for Rent, or any contractor, subcontractor or employee of the Mobilehome Park Owner may retaliate against a Mobilehome Owner for the Mobilehome Owner’s assertion or exercise of rights under this Chapter in any manner, including but not limited to:
1. Threatening to bring or bringing an action to recover possession of a Mobilehome Space;
2. Engaging in any form of harassment that causes a Mobilehome Owner to quit the Mobilehome Space;
3. Preventing a prospective Mobilehome Owner from freely exercising his or her legal options to choose a month-to-month Rental Agreement;
4. Decreasing Housing Services;
5. Increasing the Mobilehome Space Rent; or
6. Imposing or increasing a security deposit or any other charge payable by a Mobilehome Owner.
ORDINANCE NO. _____
B. Mobilehome Owners have a right to organize an association without hindrance from the Mobilehome Park Owner to exercise the rights provided under the provisions of this Chapter.
C. In any action brought to recover possession of a Mobilehome space by a Mobilehome Park Owner, the court may consider, as grounds for judgment in favor of the Mobilehome Owner, any violation of any provision of this Chapter by the Mobilehome Park Owner.
D. A determination that the action brought to recover possession of a Mobilehome Space was brought in retaliation for the exercise of any rights conferred by this Chapter shall be grounds for judgment in favor of the Mobilehome Owner.
E. Remedies and Penalties. For purposes of this Section:
1. If any Mobilehome Park Owner or any person, acting as a principal or agent, offering a Mobilehome Space for rent, or any contractor, subcontractor, or employee of the Mobilehome Park Owner violates the terms of this Section, an aggrieved Mobilehome Owner may institute a civil action, as allowed under Section 9.48.150 (Remedies), for injunctive relief, direct money damages, and any other relief that the court deems appropriate. Such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved Mobilehome Owner is older than sixty-two (62) or disable, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.
2. The above remedies are not exclusive and do not preclude any Mobilehome Owner from seeking other remedies or penalties provided by applicable law.
No administrative remedy need be exhausted prior to filing suit pursuant to this Section.
9.48.150 Procedures and Guidelines.
The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.
9.48.160 Enforcement.
The Department is authorized to take any and all appropriate steps it deems necessary to enforce this Chapter.
9.48.170 Administrative Fines.
A. Administrative Fines. Any Mobilehome Park Owner or Mobilehome Owner who violated any provision of this Chapter, or Department’s procedures and guidelines is subject to an administrative fine not to exceed One Thousand Dollars ($1,000).
B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense. The remedies set forth in this Section are cumulative ORDINANCE NO. _____
and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.
C. Notices of Violation and Administrative Fine. If the Department determines that a Mobilehome Park Owner or Mobilehome Owner has violated this Chapter, or Department's procedures and guidelines, the Department may issue Notices of Violation and Administrative Fine.
9.48.180 Remedies.
A. Civil Liabilities. Any Mobilehome Owner or any other person or entity acting on behalf of the Mobilehome Owner who will fairly and adequately represent Mobilehome Owner’s interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorney’s fees and costs, and may take such other steps as necessary to enforce this Chapter.
The court may award reasonable attorney’s fees and costs to a Mobilehome Park Owner who prevails in any such action if the court determines that the Mobilehome Owner’s action was frivolous.
B. Code of Civil Procedure Section 1094.6 is applicable to decisions of the Mobilehome Park Rental Review Board granting or denying rent increase applications and no legal challenge to any such decision of the Board may be brought unless it is filed within ninety (90) days of the Board’s final decision, as set forth in its written resolution making findings. The Board’s resolution granting or denying the increase shall state that the time within which judicial review must be sought is governed by Code of Civil Procedure Section 1094.6 and a copy of the resolution, including a certificate of mailing, shall be sent to the applicant, and to a representative of the residents of the affected mobilehome park, if one has been designated, by first class mail.
C. Civil Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty, not to exceed One Thousand Dollars ($1,000) for each violation, except as allowed in Section
9.48.170.
D. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment for a period of not more than six (6) months, or by both.
E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continues, shall constitute a separate offense.
ORDINANCE NO. _____
F. The above remedies are not exclusive and do not preclude the City or any Mobilehome Owner from seeking other remedies or penalties provided by applicable law.
9.48.190 Mobilehome Park Closure, Conversion or Change of Use – Relocation Impact Reports.
A. Statement of Purpose. The purpose of this Section is to implement Sections 65863.7-65863.8 and 66427.4-66427.5 of the California Government Code, which require a person or entity proposing to convert, close or cease the use of a Mobilehome Park to address the impact on the Mobilehome Owners to be displaced, and, where required, to take steps to mitigate the adverse impacts on the Mobilehome Owners.
B. Definitions. For purposes of this Section, the following definitions shall apply in addition to the definitions set forth in Section 9.48.020.
1. "Applicant" means any person or entity seeking approval of a Mobilehome Park Closure, Conversion or Change of Use, or a Mobilehome Park Owner whose Mobilehome Park has been determined to be undergoing conversion due to reduced occupancy.
2. "Closure, Conversion or Change of Use" means changing the use of a Mobilehome Park such that it no longer contains occupied Mobilehomes, as described in and regulated by California Government Code section 66427.4. a. A "Closure" includes ceasing to Rent Mobilehome Spaces for human habitation and displacement of Residents, or when 25 percent or more of the Mobilehome Spaces within a Mobilehome Park become vacant. b. "Conversion" means the conversion of a Mobilehome Park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by California Government Code section 66427.5 and/or section 66428.1.
c. "Change of Use" has the meaning set forth in California Civil Code section 798.10 and means the use of the Mobilehome Park for a purpose other than the rental, or the holding out for Rent, of two or more Mobilehome Spaces to accommodate Mobilehomes used for human habitation, and does not mean the adoption, amendment or repeal of a Mobilehome Park rule or regulation. A "Change of Use" may affect an entire Mobilehome Park or any portion thereof, and includes, but is not limited to, a change of the Mobilehome Park or any portion thereof to a condominium, stock cooperative, planned unit development or any form of ownership wherein Mobilehome Spaces within the Mobilehome Park are to be sold.
3. "Comparable Housing" means housing that meets the minimum standards of the California Building Code, and that is similar to the subject Mobilehome in term of rent, size, number of bedrooms and bathrooms, and other relevant factors such as location and proximity to the Resident's place of employment, amenities, schools and public transportation.
4. "Comparable Mobilehome" means a Mobilehome that is similar in size, age, condition, number of bedrooms and amenities to the Mobilehome that is being displaced by Closure, Conversion or Change of Use of the Mobilehome Park.
5. "Relocation Impact Report" means a written report meeting the requirements of this Section and that describes: (1) the impacts of the Closure, ORDINANCE NO. _____
Conversion or Change of Use of the Mobilehome Park on affected Residents, and (2) the measures that will be taken to mitigate adverse impacts of such Closure, Conversion or Change of Use on affected Residents.
6. "Relocation Specialist" means the Department-approved individual or firm retained by the Applicant, as required by this Chapter, to assist in the preparation of the Relocation Impact Report and to provide the support described herein to eligible Residents. The Relocation Specialist shall be familiar with region's housing market and qualified to assist Residents to evaluate, select, and secure placement in Comparable Housing, to arrange the moving of all the Resident's personal property, and to render financial advice on qualifying for various housing types.
7. "Resident" means a Mobilehome Owner and/or other person legally residing in a Mobilehome Park whose Mobilehome was located in a Mobilehome Park on the date of issuance of a Notice of Intent to apply for an application for Closure, Conversion or Change of Use of the Mobilehome Park. Residents includes the spouse, parents, children, and grandchildren of the Resident who reside in the Mobilehome in the Mobilehome Space on the date of the application.
C. Notice of Intent of Closure, Conversion or Change of Use of Mobilehome Park.
1. Notice of Intent. Applicant shall provide each Resident a written Notice of Intent of Closure, Conversion or Change of Use of Mobilehome Park at least one hundred twenty (120) days prior to a Relocation Impact Report being filed with the Department. Proof of service of the Notice of Intent on the Residents, via personal service or certified mail return receipt requested, must be provided to the Department on a form approved by the Department, within ten (10) days of providing each Resident a Notice of Intent. A Notice of Intent provided to each Resident does not relieve a Resident from his or her obligation to pay Rent.
2. Notice to Prospective Residents. When an application for a Conversion or Change of Use of Mobilehome Park has been filed with the City or the Mobilehome Park has been determined to be undergoing Closure, the Applicant shall advise each prospective new Resident who proposes to occupy a Mobilehome within such Mobilehome Park, in writing, prior to the execution of a Rental Agreement or commencement of such occupancy whichever occurs first, that such application has been filed or Closure determined, and that the prospective new Resident may not be entitled to any relocation assistance under this Section.
D. Relocation Assistance. As a condition of a Mobilehome Park Closure, Conversion or Change of Use, an Applicant shall be required to employ a Relocation Specialist and provide relocation assistance to Residents in an amount not to exceed the reasonable costs of relocation. The minimum relocation assistance required shall be determined based on the Department's procedures and guidelines.
1. Eligibility for Relocation Assistance. A Resident who has received a Notice of Intent from the Applicant is entitled to relocation assistance.
2. Protections.
a. No Applicant shall require any Resident to waive his or her rights to relocation assistance as a condition of renting a Mobilehome Space in the Mobilehome Park.
ORDINANCE NO. _____
b. Residents who are eligible for relocation assistance shall be entitled to the assistance required by the Department, consistent with this Section, as a condition of Closure, Conversion or Change of Use even if they move out of the Mobilehome Park before a final determination on the Relocation Impact Report.
3. Reasonable Cost of Relocation. Reasonable cost of relocation includes a moving allowance and other applicable types of relocation assistance based on the Relocation Impact Report and set forth in this Section and the Department’s procedures and guidelines.
E. Relocation Impact Report. The Relocation Impact Report shall be in compliance with this Section and set forth the impact of the Closure, Conversion or Change of Use upon the Residents who will be displaced.
1. Timing for Filing Relocation Impact Report. A Relocation Impact Report, prepared by an Applicant or Relocation Specialist, must be filed with the Department within one hundred twenty (120) days of Applicant providing a Notice of Intent to the Residents. Applicant must use a Relocation Specialist to assist Residents as required by this Section and the Department's procedures and guidelines.
2. No Closure, Conversion, or Change of Use Until Approval of Relocation Impact Report. No Applicant shall cause or permit the filing of an application for Closure, Conversion or Change of Use with the City’s Department and/or permit the Closure, Conversion or Change of Use of a Mobilehome Park until the Relocation Impact Report has been reviewed and approved, which will enable each displaced Resident to relocate into Comparable Housing.
3. Contents of Relocation Impact Report. A Relocation Impact Report shall contain the following information:
a. Resident Information.
(i) The names and address of all Residents within the
Mobilehome Park; and
(ii) The total number of Residents, categorized on a space by space basis identifying the following categories:
(a) If the Residents are owners or renters of the
Mobilehome;
(b) Residents under the age of eighteen (18);
(c) Residents who are physically disabled, including
the chronically ill; and
(d) Residents who are sixty-two (62) years of age or
older.
b. Converting Mobilehome Park Information.
(i) A legal description of the property;
(ii) The age of the Mobilehome Park;
(iii) The proposed schedule for Closure, Conversion or
Change of Use of the Mobilehome Park;
(iv) A description of any proposed new use for the
Mobilehome Park, including the approximate number of proposed residential units, if any; (v) The number of Mobilehomes existing in the Mobilehome Park, length of occupancy by the current Resident of each Mobilehome Space, and the current Rent for each Mobilehome Space; and
ORDINANCE NO. _____
(vi) A site plan of the Mobilehome Park showing all
Mobilehome Spaces within the Mobilehome Park, identified by number. c. Comparable Housing Information.
(i) Applicant shall provide information regarding the
availability of Comparable Housing.
(ii) Each Comparable Housing shall be identified by: (A) name and address; (B) age; (C) lease or rental rates; (D) terms, policies, and restrictions on the types of homes and residents accepted; an estimate of number of replacement spaces within each Mobilehome Park as of the date of survey. d. Relocation Assistance Information. The Applicant shall state how relocation assistance will be implemented to comply with this Section. The Relocation Impact Report shall include the following:
(i) Applicant's procedure to accommodate the Residents or Mobilehomes that are not able to relocate and the specific relocation assistance and options available to each Resident;
(ii) Identification of the Relocation Specialist assisting the Residents in finding and moving to Comparable Housing;
(iii) The specific relocation assistance and options proposed shall be provided to each Resident by certified or registered mail at least fifteen (15) days prior to filing the Relocation Impact Report with the Department. Proof of service via personal service or certified mail return receipt requested of the specific relocation assistance and options proposed to the Residents of the Mobilehome Park must be provided to the Department at the time of filing of the Relocation Impact Report; (iv) Proposed measures to mitigate the adverse impacts of the Mobilehome Park Closure, Conversion or Change of Use on the Residents in the Mobilehome Park; and
(v) An appraisal if a displaced Resident cannot obtain
Comparable Housing in another Mobilehome Park, in compliance of Government Code section 65863.7.
e. Any other information and mitigation measures as the Department shall deem necessary, as set forth in its procedures and guidelines.
4. Failure to Prepare Relocation Impact Report.
a. The failure of an Applicant to prepare a complete Relocation Impact Report within the time required pursuant to this Section is hereby determined to have a severely adverse economic effect on Residents due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance.
b. If the Applicant fails to prepare or cause to be prepared a Relocation Impact Report within such required time, the Department shall cause such Relocation Impact Report to be prepared at the expense of the Applicant. Failure of the Applicant to reimburse the City for such cost within thirty (30) days of receipt of such statement, may resulting in potential fines and penalties assessed against the Applicant.
F. Hearing and Notice.
1. Department Review of the Relocation Impact Report. The Mobilehome Review Board shall not be required to take any action to hold public hearings to consider a Relocation Impact Report until the Department has had a reasonable time, not to ORDINANCE NO. _____
exceed thirty (30) days, within which to verify that the Relocation Impact Report is complete and contains all of the information required by this Section. If the Department determines that the Relocation Impact Report does not contain all of the information required by this Section, it shall set forth in writing the specific deficiencies.
2. Setting of Hearing. The Department will deem a Relocation Impact Report complete and shall set a time, date, and place for hearing to take place not less than sixty (60) days after the date the Department determines the Relocation Impact Report is complete and upon Applicant payment of any applicable fees in accordance with this Section and the Department's procedures and guidelines. The secretary of the Mobilehome Review Board or Department staff may give such additional notice as it deems necessary or desirable. Such time may be extended to the extent necessary to comply with any State regulations, including the California Environmental Quality Act.
3. Notice of Hearing. The Department shall provide Applicant a Notice of Hearing containing a general explanation of the matters to be considered by the Mobilehome Review Board and any other information as the Department shall deem necessary, as set forth in the procedures and guidelines. a. Applicant shall furnish a written Notice of Hearing to each Resident proposed to be displaced in the Mobilehome Park at least sixty (60) days prior to the hearing informing Residents that the Applicant will appear at the Oversight Party for review and approval of a Relocation Impact Report.
b. Applicant shall provide a copy of the Relocation Impact Report to each Resident proposed to be displaced in the Mobilehome Park, which shall include the appraisal of the Mobilehome owned or resided in by that Resident. Applicant, at his or her expense, must provide the Relocation Impact Report in English and the language in which the Rental Agreement was negotiated or written.
c. Applicant must provide a proof of service, on a form approved by the Department, of the Notice of Hearing sent to each Resident within ten (10) days of the hearing before the Mobilehome Review Board.
d. The Mobilehome Review Board shall not hold any hearing on the Relocation Impact Report or render a decision thereon before the Applicant has satisfactorily verified that the Residents have been notified as required by State and this Chapter.
e. The Applicant shall pay all costs associated with providing notices, including any publishing and postage expenses and translation expenses.
G. Findings and Decision.
1. The Mobilehome Review Board shall conduct a hearing to review the Relocation
Impact Report at the noticed date and time. The Mobilehome Review Board may consider all relevant evidence presented at the hearing and shall render its findings and decision within thirty (30) days therefrom. The secretary of the Mobilehome Review Board or Department staff assigned by the Director shall mail the Mobilehome Review Board’s decision within ten (10) days after it is rendered to the Applicant, Residents and to all persons who have filed a written request for notification. The decision of the Mobilehome Review Board shall be final and not subject to further review by the City.
2. The Mobilehome Review Board shall approve, conditionally approve or disapprove a Relocation Impact Report. The Mobilehome Review Board shall approve ORDINANCE NO. _____
the Relocation Impact Report if it finds that the Relocation Impact Report has satisfactorily addressed the following:
a. The Relocation Impact Report contains the information required pursuant to the County’s procedures and guidelines and Sections 65863.7 and 66427.4- 66427.5 of the California Government Code, as applicable; b. The Applicant has complied with all applicable notice requirements as provided for by State Law and by this Section and each Resident has had adequate notification of the Relocation Impact Report; c. The Relocation Impact Report accurately represents the total costs associated with the relocation of each Resident;
d. Each Resident will receive the reasonable costs of relocation from Applicant consistent with State law, this Section and the Department's procedures and guidelines; and
e. Whether or not approval of the Mobilehome Park Closure, Conversion or Change of Use and the Mobilehome Park's Conversion into its intended new use, taking into consideration both the Relocation Impact Report as a whole and the overall housing availability within the City, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the City.
3. In approving the Relocation Impact Report, the Mobilehome Review Board may require the imposition of such conditions as it finds necessary to mitigate the adverse impacts on the Residents to find Comparable Housing.
4. Extensions. Any of the time limits specified in this Section may be extended by mutual consent of Applicant and the Mobilehome Review Board.
5. No person shall cause or permit the Mobilehome Park Closure, Conversion or Change of Use until the Relocation Impact Report has been approved by the Mobilehome Review Board and the specified mitigation measures have been completed.
H. Performance of Mitigation Measures. The Applicant shall fully perform the mitigation measures set forth in, and the conditions imposed in connection with, the approved Relocation Impact Report and such performance shall be a condition of approval of any concurrent or subsequent development application proposing an alternate or replacement use of the Mobilehome Park. No Resident or person shall be required to remove his or her Mobilehome and no Resident shall be required to vacate a Mobilehome Park until all of the following conditions have been satisfied:
1. The Mobilehome Review Board approval of the Relocation Impact Report;
2. The Applicant has given six (6) months or more notice of termination of tenancy as required by California Civil Code section 798.56(g) and that at least a sixmonth period has elapsed.
3. Each Resident has received the reasonable costs of relocation from the Applicant as required by the Mobilehome Review Board and pursuant to California Government Code section 65863.7(e); and
4. Such performance has been verified by the Department.
I. Modification of Relocation Impact Report.
ORDINANCE NO. _____
1. The Mobilehome Review Board may, upon request of Applicant, modify the provisions of an approved Relocation Impact Report. A modification may be approved where the Mobilehome Review Board finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing approving the Relocation Impact Report.
2. The Mobilehome Review Board may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Relocation Impact Report.
J. Nullification of Approved Relocation Impact Report.
1. The Mobilehome Review Board, upon request of the Department and after holding a public hearing, may nullify an approved Relocation Impact Report. No nullification shall be ordered unless the Mobilehome Review Board makes either of the following findings:
a. Approval of the Relocation Impact Report was obtained fraudulently;
b. The Applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Relocation Impact Report.
2. If an approved Relocation Impact Report is nullified, then the Applicant shall not be entitled to perform the Closure, Conversion or Change of Use of the Mobilehome Park until a new Relocation Impact Report is approved in accordance with this Section.
K. Evictions Pending Compliance with Relocation Impact Report. Termination of a Tenancy of any Mobilehome Owner pursuant to California Civil Code section 798.56 or any other provision of law shall not relieve Applicant of its obligation to comply with the conditions or requirements of the Relocation Impact Report applicable to that Applicant. However, if the termination of tenancy is based on subdivisions (a), (b), (c), (d) or (e) of Section 798.56 of the California Civil Code, the Mobilehome Review Board, upon request by Applicant, may grant the Applicant's extensions of time within which to comply with the conditions of the Relocation Impact Report.
L. Remedies.
1. The failure of an Applicant to comply with this Section or with any condition of the Relocation Impact Report shall be defense in any action to terminate tenancy under subdivision (f) of Section 798.56 of the California Civil Code.
2. Violation of any valid condition of a Relocation Impact Report imposed by the Mobilehome Review Board pursuant to this Chapter shall be subject to the remedies and penalties set forth in Sections 9.48.150 and 9.48.160.
M. Effective Date. The provisions of this Section shall apply to any judgment.
Accordingly, any affirmative defenses to an unlawful detainer proceeding created or modified by this Section shall apply to any such proceeding not reduced to final judgment, as of the effective date of this Section.
ORDINANCE NO. _____
SECTION 3. The City Council find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environmental) and 15060 (c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance. The City Council hereby finds and determines that there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code directs the City Clerk to cause said ordinance, within fifteen (15) days after its passage, to be posted in at least five (5) public places within the City. This ordinance shall take effect thirty (30) days after its adoption.
APPROVED AND ADOPTED this 10th day of December, 2024.
___________________________
Andrew Lara, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman,
City Attorney
STATE OF CALIFORNIA )
)§
ORDINANCE NO. _____
COUNTY OF LOS ANGELES )
I, Cynthia Ayala, City Clerk of the City of Pico Rivera do hereby certify that the foregoing Ordinance No. _____ was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, December 10, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Cynthia Ayala, City Clerk
City of Pico Rivera
Mobilehome Rent Stabilization and Mobilehome Owner Protections Summarized Proposed Changes
City Council Meeting of November 12, 2024
No. Subject Current Ordinance Proposed Amendment
1. Update to “new
construction”
exemption (SB 940)
The current ordinance states
newly constructed
Mobilehome Spaces, which
were initially held out for rent
on or after 1/1/1990, are
exempt from this ordinance.
Per updates to CA law, newly
constructed Mobilehome Spaces
built after 1/1/1990 are subject to
the ordinance, if they were
developed more than 15 years
ago on a rolling basis.
2. Rent increase limits Effective 3% annual rent
increase limit.
Rent increases would be limited
to the lesser of 3% or 75% of the
percentage change in the
Consumer Price Index (CPI)
between January of the current
year and January of the prior
year.
3. Mobilehome owner
application for
adjustment
Allows Mobilehome Owners
to file an application with the
City department for a rent
adjustment if the Park Owner
increased rent or decreased
amenities unlawfully per the
ordinance.
Would eliminate Mobilehome
Owner application and need for
payment. City staff would follow
up with any complaints to ensure
ordinance complies.
4. End of rent
stabilization
exemption for longterm leases (AB 2782)
The current ordinance does
not address what happens
after the rent stabilization
exemption expires on
1/1/2025 for long-term leases
(AB 2782)
The City Attorney’s office
determined that when the
exemption ends, the rents should
roll back to 2020 prices, plus the
amount of yearly increases
permitted by ordinance.
5. Annual rent
registration
Mobilehome Park Owners
must register each space
that is rented, or available for
rent, with the City every year.
Annual registration fee
applies.
Would eliminate the annual rent
registration requirement.
Park Owners would be required
to submit an application for any
rent increases to be approved by
the City. The City would be
required to send letters to
Mobilehome Owners of approved
increases. Provides for cost &
administrative efficiencies and
eliminates possible passthroughs to tenants.
ENCLOSURE 2
18b
No. Subject Current Ordinance Proposed Amendment
6. Publication of annual
rent information
Does not address the
publication of rent
information for all
mobilehome spaces in the
City.
No requirement for the City or
Board to publish annual rent
information for mobilehome
spaces.
Per the City Attorney, this
information is not a “public
record” as the information is
related to a private business,
private property, with private
tenant information. The
information is submitted to the
City by the Park Owners and not
generated by the City.
7. Fees The current ordinance
specifies an annual
registration fee to be paid for
each space by the Park
Owner, of which 50% of the
amount can be passedthrough to existing
Mobilehome Owners.
It also specifies fees for
processing rent adjustments.
There would be no annual rent
registration fee because it would
no longer be a requirement.
Specifies that fee amounts are to
be determined by City Council
resolution.
No. Subject Current Ordinance Proposed Amendment
8. Mobilehome Park
Rental Review Board
City department reviews and
determines rent adjustment
applications from
Mobilehome Park Owners.
A Council-appointed, 5-member
Board would hear and determine
rent adjustments.
9. Appeals Parties dissatisfied with the
City department’s rent
adjustment decisions can
appeal to an “oversight
party.”
A Council appointed, 5 member
Board would make final decisions
not subject to further appeal.
10. Vacancy Control While the Ordinance does
not clearly address rent
increases upon vacancy due
to the removal of a coach or
tenancy termination, the
most likely reading is that
Mobilehome Park Owners
are limited to a rent increase
upon vacancy of 3% of the
rent charged at the last
increase – or no increase if
the last rent increase
occurred less than 12
months prior to vacancy
(only 1 increase allowed
every 12 months).
Clarify that Mobilehome Park
Owners cannot increase rents
more than 3% per year.
No. Subject Current Ordinance Proposed Amendment
11. Pass-through capital
improvement cost
recovery
Allows Park Owners to file an
application with the City
department to pass-through
up to 50% of capital
improvement costs to
existing Mobilehome
Owners.
Pass-through costs, plus any
allowable rent increases,
cannot exceed 3% from the
prior year’s rent amount.
Park Owners would need to file
an application with the Board to
pass-through up to 50% of
capital improvement costs to
existing Mobilehome Owners.
Pass-through capital
improvement costs cannot
increase monthly rent by over
10% and are amortized over the
required number of years to
recover 50% of the capital
improvement costs.
ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING CHAPTER 9.48 "MOBILEHOME
RENT STABILIZATION AND MOBILEHOME OWNER PROTECTIONS"
TO TITLE 9 OF THE PICO RIVERA MUNICIPAL CODE
ESTABLISHING MOBILEHOME RENT STABILIZATION AND MOBILE
HOMEOWNER PROTECTIONS
WHEREAS, the City of Pico Rivera ("City") is a general law city, incorporated under the laws of the State of California, and it has an interest in planning and regulating the use of property within the City; and
WHEREAS, implicit in any plan or regulation is the City's interest in maintaining the quality of life and the character of the City's neighborhoods, as without stable, wellplanned neighborhoods, sections of the City can quickly deteriorate, with consequences to social, environmental, and economic values; and
WHEREAS, the City desires to prevent and address unreasonable increases in mobilehome park space rents and help preserve affordable mobilehome space rents within the City while permitting mobilehome park owners to receive a fair return; and WHEREAS, City has researched and evaluated legislative measures at the State level and other rent control efforts by the legislature and other local jurisdictions. City staff has been conducting a survey of cities, speaking with mobilehome park residents, mobilehome park property owners and other interested individuals to gather information regarding mobilehome park issues in the City and surrounding cities; and WHEREAS, there are currently six (6) mobilehome parks operating in the City, with a total of approximately 405 mobilehome spaces and City staff conducted site visits of the six (6) mobilehome parks to note the conditions with regard to maintenance, lighting, amenities for residents and other quality of life issues; and WHEREAS, residents in a mobilehome park typically own their mobilehome as personal property and rent the space on which the home sits and mobilehome park residents have raised concerns to City staff and City Council about affording the rents and annual rent increases; and
WHEREAS, issues discussed by City Council and City staff, residents and other attendees at a Town Hall held by the City included, but were not limited to: housing costburdens for mobilehome residents, maintenance and safety concerns, escalating space rents, and the proposal from residents for a rent stabilization ordinance and registration program were presented; and
ENCLOSURE 3
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ORDINANCE NO. 1153
WHEREAS, mobilehome parks provide a significant pool of affordable housing for very low, low, and moderate income families, senior citizens, and the disabled residents in the City, and there has been a growing and alarming trend of excessive rent increases for mobilehome park spaces in the City; and
WHEREAS, the City has received complaints from mobilehome park residents relating to poor maintenance, insufficient security lighting, trash, and high monthly space rent and housing cost burdens for mobilehomes; and
WHEREAS, excessive rent increases over the past years threaten the public peace, health, or safety by jeopardizing the health, safety, and financial well- being of mobilehome park residents, including seniors, those on fixed incomes, those with very low-, low-, and moderate -income levels, and those with special needs to the extent that such persons may be forced to choose between paying rent and providing food, clothing and medical care for themselves and their families; and WHEREAS, as explained by California Health and Safety Code section 50840, California is experiencing a severe housing shortage that compounds itself further each year... The shortage in housing supply has led to skyrocketing home sale and rental prices, which have made housing unaffordable to many Californians." Over thirty five percent ( 35%) of renters in California experience extreme cost burdens, paying more than fifty percent ( 50%) of their income to rent. The Code section also emphasizes that long- term strategies are needed" to address the housing shortage and cost burden; and WHEREAS, the housing shortage is particularly severe for low- and moderate - income households. Mobilehome parks are a precious source of affordable housing for many lower -income households in the City of Pico Rivera and throughout California.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals above are true and correct and hereby incorporated into this ordinance as though fully set forth herein.
SECTION 2. Chapter 9. 48 "Mobilehome Rent Stabilization and Mobilehome Owner Protections," is hereby added to Title 9 of the Pico Rivera Municipal Code and shall read as follows:
Chapter 9. 48 MOBILEHOME RENT STABILIZATION AND
MOBILEHOME OWNER PROTECTIONS
i
ORDINANCE NO. 1153
9. 48. 010 Short Title.
This Chapter shall be known as " Mobilehome Rent Stabilization and Mobilehome Owner Protections."
9. 48. 020 Definitions.
The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular:
Base Rent" means the rent charged on October 13, 2020, when the City Council first introduced its intent to regulate Rent for Mobilehome Parks within the City.
Capital Improvement" means the addition, substantial repair, or replacement of any improvements to a Mobilehome Space within the geographic boundaries of a Mobilehome Park which materially adds to the value of the Mobilehome Park and appreciably prolongs its useful life or adapts it to new uses, and which is of the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations.
Code" means the City of Pico Rivera Municipal Code.
City" means the City of Pico Rivera.
City Council" means the City Council for the City of Pico Rivera.
CPI" means Consumer Price Index for all urban consumers of the Los Angeles - Riverside -Orange County, California area, or any successor designation of that index that may later be adopted by the United States Department of Labor. Calculation of the change in CPI percentage will be determined by the Department.
Department" means the Community and Economic Development Department or any individual, organization, board or body, as designated by the City Council by adopting an appropriate resolution vesting the review powers and/ or other duties set forth in this Chapter.
Housing Services" means all services provided by a Mobilehome Park Owner related to the use or occupancy of a Mobilehome Space, including but not limited to, water and sewer, natural gas, electricity, refuse removal, management and administration, maintenance and repairs, recreation facilities (including pools), laundry facilities, storage space, parking ( including one or more automobiles), security services, insurance and the payment of property taxes. The term " Housing Services" shall not include legal fees, mortgage payments, whether for principal, interest, or both, bonuses of any nature paid to Mobilehome Park employees, penalties, fees, damages, or interest assessed or awarded for violations of this Chapter or any other law, or any expenses for which the Mobilehome Park Owner has been reimbursed by any security deposit, insurance, settlement, judgment for damages, settlement, or any other method.
ORDINANCE NO. 1153
Mobilehome" means the definition set forth in California Civil Code section 798. 3.
Mobilehome Park" means any area of land in the City of Pico Rivera where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used as residences.
Mobilehome Owner" means a person who owns a Mobilehome and is also renting a Mobilehome Space in a Mobilehome Park under a Rental Agreement with the Mobilehome Park Owner, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of the Mobilehome, which may include the use of the Housing Services of the Mobilehome Park and any other amenities.
Mobilehome Residency Law" means California Civil Code sections 798 through 799. 11
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 whether or not the Mobilehome Space is permitted pursuant to State or local law.
Mobilehome Park Owner" means the owner, lessor, operator or manager of a Mobilehome Park in the City who receives, or is entitled to receive, Rent for the use and occupancy of any Mobilehome Space, and the agent, representative or successor of any of the foregoing.
Rent" means consideration paid for the use or occupancy of a Mobilehome Space or for Housing Services provided, or both, but does not include any of the following, each of which shall be separately listed and identified in the Rental Agreement:
a. Any amount paid for renting the Mobilehome;
b. Security deposits;
c. User fees for services or facilities which may be utilized at the option of the Mobilehome Owners and are expressly not included as Rent in the Rental Agreement;
d. Utility charges for those Mobilehome Parks which bill the Mobilehome Owner separately, whether or not the Mobilehomes are individually metered; e. Any Rent discounts, incentives, concessions, or credits offered by the Mobilehome Park Owner; or
f. Any pass -through authorized pursuant to this Chapter.
Rental Agreement" means a lease or other oral or written agreement between the Mobilehome Park Owner and Mobilehome Owner establishing the terms and conditions of the Tenancy.
Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Mobilehome Park on or after the effective date of this Chapter, including but not limited to, services the Mobilehome Park Owner is required to provide pursuant to:
ORDINANCE NO. 1153
r
r
a. California Civil Code section 1941 et. seq.;
b. The Mobilehome Residency Law;
c. The Mobilehome Parks Act, California Health and Safety Code section 18200 et seq.;
d. The Mobilehome Park Owner' simplied warranty of habitability, which cannot be contractually excluded or waived;
e. A Rental Agreement between the Mobilehome Park Owner and the Mobilehome Owner;
f. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Mobilehome Owner at the time of execution of the Rental Agreement with the Mobilehome Park Owner; and
g. Applicable rules or regulations of the Mobilehome Park.
State" means the State of California.
Tenancy" means the legal right of a Mobilehome Owner or any other occupant who took possession of the Mobilehome for the use or occupancy of the Mobilehome, to use a Mobilehome Space within a Mobilehome Park on which to locate, maintain, and occupy a Mobilehome, site improvements, and accessory structures for residence, including the use of the Housing Services and facilities of the Mobilehome Park, subject to the terms and conditions of the Rental Agreement and Mobilehome Residency Law.
9. 48. 030 Base Rent.
Except as hereinafter provided, a Mobilehome Park Owner shall not demand, accept, or retain Rent for a Mobilehome Space exceeding the Base Rent set forth in Section 9. 48. 020. Notwithstanding the foregoing, a Mobilehome Park Owner shall be permitted to adjust the Base Rent from the date set forth in Section 9. 48. 020 by the amount allowed in Section 9. 48. 040 C.
9. 48. 040 Permitted Rent Increases for Mobilehome Spaces.
A. A Mobilehome Park Owner may impose an annual Rent increase for any Mobilehome Space, as allowed in this Section, only after providing at least ninety ( 90) days written notice to the Mobilehome Owner of the Rent increase pursuant to the California Civil Code section 798. 30.
B. A Mobilehome Park Owner may impose an annual Rent increase only upon registering the Mobilehome Space in the City' s Registry System, paying required annual registration fees pursuant to Section 9. 48. 070, and in compliance with federal, State, and local laws and requirements.
ORDINANCE NO. 1153
C. Annual Rent increases shall be limited to seventy- five percent ( 75%) of the percentage change in the average CPI over the previous twelve (12) month period ending in January or three percent ( 3%) of the Rent charged at the time of increase, whichever is greater. In no event shall a Rent increase exceed three percent ( 3%) per each twelve ( 12) month period.
D. Only one Rent increase may be imposed on a Mobilehome Owner in any twelve ( 12) month period, unless otherwise permitted by the Department pursuant to this Chapter.
E. Notice and Calculation of Allowable Annual Rent Increase.
1. Calculation of Annual Rent Increase. The allowable annual Rent increase shall be calculated annually by the Department.
2. Notice of Annual Rent Increase. The amount of the annual Rent increase shall be provided in accordance with the Department' s procedures and guidelines.
F. Rent Excess Paid.
1. In the event a Mobilehome Owner paid Rent in excess of that permitted by the Department, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the Rent overpayment.
2. The Mobilehome Park Owner may elect either:
a. Reimburse the Mobilehome Owner for the Rent overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
b. Reimburse the Mobilehome Owner for the Rent overpayment over a six (6) month period in the form of a monthly credit towards Rent otherwise due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due.
3. Reimbursement( s) for Overpayment Exceeds Rent Due. Where the reimbursement( s) due to the Mobilehome Owner exceeds the Rent due for the remainder of the Tenancy, the reimbursement( s) exceeding the Rent due shall be immediately paid to the Mobilehome Owner as a
lump sum payment.
G. Rent Paid Following Vacancy of Mobilehome Space.
1. A Mobilehome Park Owner may set the initial Rent for the next Mobilehome Owner for a Mobilehome Space as provided in Paragraph ( C) of this Section, whenever either of the following events occur:
a. The termination of the Tenancy of the affected Mobilehome Owner in accordance with the Mobilehome Residency Law; or b. The voluntary, permanent removal of a Mobilehome by a Mobilehome Owner from a Mobilehome Space. A removal of the Mobilehome from the ORDINANCE NO. 1153
Mobilehome Space due to fire, earthquake, or water damage, or for the purpose of upgrading the Mobilehome, shall not constitute a voluntary removal of the Mobilehome.
2. Upon the sale of a Mobilehome located in a Mobilehome Space where the Rental Agreement with the original Mobilehome Owner has expired, a Mobilehome Park Owner may increase the Rent for that Mobilehome Space in an amount not to exceed three percent (3%) of the Rent for that Mobilehome Space then in effect.
3. Rent increases following vacancy shall not be reduced by any previously approved pass -through fees or costs.
H. Allowable Rent Following Expiration of an Exempt Lease. In the event a Mobilehome Space was previously exempt under a Rental Agreement pursuant to California Civil Code section 798. 17, the Rent for purposes of calculating the annual Rent adjustment shall be the Rent in effect as of the date of expiration of the Rental Agreement.
I. Allowable Rent Increases upon " In -Place" Transfer of Mobilehome Ownership.
1. For Mobilehome Spaces subject to this Chapter, upon the Mobilehome Owner' s "in -place" sale, transfer, or other conveyance of a Mobilehome to a new Mobilehome Owner, the Mobilehome Park Owner may increase the Rent in an amount not to exceed three percent ( 3%) of the annual rent paid by the prior Mobilehome Owner.
2. No Rent increase under an existing Rental Agreement subject to this Chapter may be imposed pursuant to this Section when:
a. An existing Mobilehome Owner or resident replaces an existing Mobilehome with another Mobilehome, and occupies the same Mobilehome Space under an existing Rental Agreement subject to the provisions of this Chapter; b. Title to the Mobilehome passes to one or more persons who, at the time of the title transfer, ( i) is a lawful, authorized resident of the Mobilehome, or ( ii) is a spouse, registered domestic partner, child, grandchild under 18 years of age, parent, or grandparent of the Mobilehome Owner, and the Mobilehome remains in the same Mobilehome Space; or
c. A Rent increase was imposed pursuant to this Section within the twelve ( 12) month period preceding the most recent proposed Rent increase.
J. Mobilehome Owner' s Right of Refusal. A Mobilehome Owner may refuse to pay a Rent increase which is in violation of this Chapter. Such refusal to pay the increased amount shall be a defense in any action brought to recover possession of a Mobilehome Space or to collect the Rent increase.
K. Rent Banking. A Mobilehome Park Owner who does not impose an annual Rent increase or a portion of the permitted annual Rent increase in any twelve (12) ORDINANCE NO. 1153
month period, as provided in this Section, waives the annual Rent increase or the remaining portion of the permitted annual Rent increase, for the remainder of the Tenancy.
L. Exemptions. The following are exempt from this Section:
1. Mobilehome Spaces that meet the exemption requirements of the Mobilehome Residency Law or are otherwise expressly exempt under State or federal law.
2. Newly constructed Mobilehome Spaces which were initially held out for Rent on or after January 1, 1990, per California Civil Code section 798. 45.
3. Mobilehome Spaces used or rented for non- residential uses.
4. Mobilehome Spaces owned, managed, or operated by a government agency.
9. 48. 050 Application for Rent Increase and Adjustment.
A. Mobilehome Park Owner' sApplication for Rent Increase. A Mobilehome Park Owner who believes they are not receiving a fair and reasonable return form the allowable increases, as determined by Section 9. 48. 040, may file an Application for Rent Increase with the Department to request an increase in Rent for Mobilehome Space( s) beyond that which is permitted under Section 9. 48. 040.
1. Presumption. It shall be a rebuttable presumption that the annual net operating income earned by a Mobilehome Park Owner, and Rent increases allowed under Section 9. 48. 040, provide the Mobilehome Park Owner with a fair and reasonable return on investment. A Mobilehome Park Owner shall have the burden to prove the necessity of any additional Rent increase necessary to earn a fair and reasonable return.
2. Approval of the Mobilehome Park Owner' sApplication for Rent Increase may become effective only after all of the following:
a. A Mobilehome Park Owner has provided written notice to Mobilehome Owner of the approved Rent increase for the Mobilehome Space in accordance with California Civil Code section 798. 30;
b. A Mobilehome Park Owner has registered each Mobilehome Space in the Mobilehome Park, has not lapsed on registration of Mobilehome Spaces in previous years, and is current on payment of registration fees, pursuant to Section
9. 48. 070; and
c. A Mobilehome Park Owner has met any other conditions imposed for the Rent increase as determined by the Department' sprocedures and guidelines.
3. Review and Approval of Application for Rent Increase.
ORDINANCE NO. 1153
a. The Department shall consider the following factors, in accordance with its procedures and guidelines, as well as any other relevant factors, in reviewing the application and making its determination, and no one ( 1) factor shall be determinative.
i) Changes in the CPI. If the Bureau of Labor Statistics subsequently changes the geographic reporting in which the City is located, the Department shall use the most current applicable reporting area established. ii) The rental history of the affected Mobilehome Space( s) and the Mobilehome Park since October 13, 2020, including, but not limited to:
a) The Base Rent;
b) The pattern of past Rent increases or decreases;
and
c) The Mobilehome Park Owner' sincome and
expenses as they relate to the Mobilehome Park.
iii) Increases or decreases in property taxes.
iv) The length of time since either the last hearing and final determination on an Application for Rent Increase by Mobilehome Park Owner or the last Rent increase if no previous Application for Rent Increase has been made by Mobilehome Park Owner.
v) The addition of Capital Improvements in the Mobilehome Park.
vi) The physical condition of the affected Mobilehome
Space and Mobilehome Park, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months, as well as the long- term patterns of operating, maintenance and Capital Improvement expenditures. vii) The need for repairs caused by circumstances other than ordinary wear and tear.
viii) Any increase of Housing Services or Service
Reductions since the last Rest increase.
ix) Any existing Rental Agreement lawfully entered into between the Mobilehome Park Owner and the Mobilehome Owner. x) A decrease in net operating income.
xi) A fair and reasonable return on the Mobilehome Park prorated among the Mobilehome Spaces in the Mobilehome Park. xii) If the Mobilehome Park Owner received Rent in
violation of this Chapter or has otherwise failed to comply with this Chapter. b. The Department may approve an Application for Rent Increase and make the following determinations, in compliance with its procedures and guidelines and all provisions of this Chapter:
i) The Department determines the Rent increase is
necessary and appropriate to ensure the Mobilehome Park Owner receives a fair and ORDINANCE NO. 1153
reasonable return on the Mobilehome Park Owner' sinvestment and will not cause an undue financial burden on the affected Mobilehome Owner. ii) The Department determines a lesser Rent increase more appropriately ensures a fair and reasonable return on the Mobilehome Park Owner' s investment and will not cause an undue financial burden on the affected Mobilehome Owner.
iii) The Department determines a Rent increase beyond
that which is permitted under Section 9. 48. 040 appropriately ensures a fair and reasonable return on the Mobilehome Park Owner' sinvestment and will not cause an undue financial burden on the affected Mobilehome Owner. c. An Application for Rent Increase shall not be approved if the Rent increase for that year, plus any amount allowed for a fair and reasonable return on the Mobilehome Park Owner' sinvestment, will result in an increase of the Rent from the prior year of an affected Mobilehome Owner by more than three percent ( 3%), unless otherwise determined by the Department.
4. Notices Upon Filing an Application for Rent Increase. a. Within five ( 5) calendar days after submission of a Mobilehome Park Owner' sApplication for Rent Increase with the Department, the Mobilehome Park Owner, at their own expense, shall serve each affected Mobilehome Owner with a notice of said application via personal service or certified mail return receipt requested.
The Mobilehome Park Owner, at their own expense, must make the supporting documents reasonably available to each affected Mobilehome Owner within five ( 5) calendar days of such request.
b. Within ten ( 10) calendar days after submission of a Mobilehome Park Owner' sapplication with the Department, the Mobilehome Park Owner shall file a proof of service with the Department, on a form provided by the Department, signed under penalty of perjury, stating that a
copy of the notice of Application for Rent
Increase was served upon each affected Mobilehome Owner. c. Fees and costs incurred by a Mobilehome Park Owner to prepare, file, or pursue an Application for Rent Increase are not allowable as operating expenses and may not be passed on to Mobilehome Owner. Such fees and costs include, but are not limited to, attorney fees and other similar professional services costs.
5. Examination and Inspection. A Mobilehome park Owner, at their expense, must retain the Application for Rent Increase, any supporting documents, and the final decision, and make reasonably available for review and/ or copy for six (6) months following the completion of the appeal process set forth in Section 9. 48. 130.
B. Mobilehome Owner Application for Adjustment. A Mobilehome Owner who believes they should receive an adjustment in their monthly obligation( s) because of a Mobilehome Park Owner' sviolation of this Chapter may file an Application for ORDINANCE NO. 1153
Adjustment with the Department. A Mobilehome Owner must file such Application for Adjustment within one hundred eighty ( 180) days from the date the Mobilehome Owner knew, or reasonably should have known, of the Mobilehome Park Owner' spotential violation( s).
1. Unlawful Rent and/ or Fees, Charged or Pass- Throughs. If a Mobilehome Owner believes that the Mobilehome Park Owner' sdemand for Rent, fees, charges or pass- throughs is in excess of that permitted for the Mobilehome Space, or in excess of the Rent permitted, then the Mobilehome Owner may file an Application for Adjustment with the Department for its determination. a. If a Mobilehome Park Owner demands, receives, or retains any payment in excess of the maximum allowable Rent, fees, charges or pass- throughs permitted by this Chapter, then a Mobilehome Owner may withhold the excess amount. b. In any action to recover possession based on nonpayment of Rent, possession shall not be granted where the Mobilehome Owner has withheld Rent in good faith under this Section.
2. Decrease in Housing Services. A Service Reduction in Housing Services, without a corresponding reduction in Rent, may be considered an increase in Rent. Before filing an application with the Department, a Mobilehome Owner shall provide the Mobilehome Park Owner all of the following:
a. Written notice identifying the Service Reduction; and b. A reasonable opportunity to correct the issue().
3. Review and Determination of Application for Adjustment. The Department shall consider the following factors, in accordance with its procedures and guidelines, as well as any other relevant factors, in making its determination, and no one ( 1) factor shall be determinative.
a. Increases or decreases in Rent or Housing Services since October 13, 2020.
b. The pattern of recent Rent or Housing Service increases or decreases.
c. Whether the Mobilehome Park Owner has received payment in excess of the maximum allowable Rent, fees, charges or pass- throughs permitted by this Chapter or has otherwise failed to comply with this Chapter. d. The date the Service Reduction was first noticed by the Mobilehome Owner, when and how oral or written notice was provided to the Mobilehome Park Owner of the alleged Service Reduction, the Mobilehome Park Owner' sresponse to such notice, whether the service was reinstated or restored by the Mobilehome Park Owner, and if so, when and how.
e. Whether such Service Reduction was the result of a vote of a majority of the affected Mobilehome Owners.
4. Notice upon Filing Application for Adjustment. Within five ( 5) calendar days after submission of an Application for Adjustment with the Department, the ORDINANCE NO. 1153
Mobilehome Owner shall serve the Mobilehome Park Owner with a notice of said application via personal service or certified mail return receipt requested.
C. Application Submission to Department for Rent Increase or Adjustment. Upon receipt of an application, the Department shall review and evaluate whether there should be a Rent increase or adjustment in accordance with this Section and its procedures and guidelines.
1. The application shall be on a form provided by the Department, signed under penalty of perjury, and must be accompanied by an application fee, if any, and must include the following:
a. The specific Rent increase or adjustment requested;
b. Copies of any books, records, papers, or other financial information relevant to the review of the application; and c. Other documentation required by the Department in accordance with this Section and its procedures and guidelines.
2. Application fees. The Department may set a reasonable application fee to be paid by the applicant at the time of filing based on the administrative expenses incurred in reviewing and processing the application.
3. The Department shall have the authority to deem an application complete or incomplete.
D. Right of Assistance. All parties to an Application for Rent Increase or an Application for Adjustment may seek assistance from attorneys, or any other persons designated by said parties.
E. Consolidation. Applications for Rent Increase pertaining to Mobilehome Owners in the same Mobilehome Park shall be consolidated for determination.
Applications for Adjustment for Mobilehome Owners who live in the same Mobilehome Park may be consolidated at the election of the Department.
F. Notwithstanding any other provision of this Section, if the Department has made a determination on an application for a Mobilehome Space pursuant to this Section within the previous six (6) months, then the Department may refuse to grant an application for such Mobilehome Space.
9. 48. 060 Pass -Through Capital Improvement Cost Recovery.
A. Pursuant to this Section, a Mobilehome Park Owner may file an application with the Department, on a form approved by the Department, to pass- through Capital Improvement costs to affected Mobilehome Owners in Mobilehome Spaces. Such application may include a
request to exceed any prescribed limitations described in ORDINANCE NO. 1153
Section 9. 48. 040 if necessary for the Mobilehome Park Owner to pass- through Capital Improvement costs.
B. A Mobilehome Park Owner may not pass -through Capital Improvement costs to Mobilehome Owners until the Department approves the Mobilehome Park Owner' s application, the Mobilehome Park Owner registers each Mobilehome Space pursuant to Section 9. 48. 070 and is in compliance with federal, State, or local law requirements.
The approved pass -through Capital Improvement costs should appear as a separate line item on the Rent statement along with the end date of the amortization period and any remaining pass -through balance. An approved pass -through cost is not considered Rent.
1. A Mobilehome Park Owner must cease collecting the pass -through Capital Improvement cost when the Mobilehome Park Owner recovers the costs permitted by the Department.
2. In the event a Mobilehome Owner paid pass -through Capital Improvement costs in excess of that permitted by the Department or beyond the date of expiration of the pass -through, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the pass -through overpayment.
a. The Mobilehome Park Owner may elect to either:
i) Reimburse the Mobilehome Owner for the pass -through overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
ii) Reimburse the Mobilehome Owner for the pass -through overpayment over a six (6) month period in the form of a monthly credit towards any monthly obligation( s) due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due. b. Reimbursement( s) for Overpayment Exceeds Monthly
Obligation( s) Due. Where the reimbursement( s) due to the Mobilehome Owner exceeds the total monthly obligation( s) due for the remainder of the Tenancy, the reimbursement exceeding the monthly obligation( s) shall be immediately paid to the Mobilehome Owner as a lump sum payment.
C. Pursuant to this Section, no Capital Improvement cost pass -through shall be approved if the amounts allowed to be a pass -through cost, plus any Rent increase for that year, would result in an increase of the Rent from the prior year of an affected Mobilehome Space by more than three percent ( 3%), unless approved by the Department.
D. Capital Improvement Cost Pass -Through. A Mobilehome Park Owner may recover up to fifty percent ( 50%) of a Capital Improvements cost from existing ORDINANCE NO. 1153
Mobilehome Owners if the Capital Improvement
procedures and guidelines and with this Chapter.
is in accordance with the Department' s
1. Capital Improvement must be for the primary benefit, use and enjoyment of Mobilehome Owners, cost -factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the Mobilehome Park.
2. Capital Improvements do not include the following:
a. Normal routine maintenance and repair, including, but not limited to routine maintenance or repair of a street or driveway. b. Costs of maintenance and repair, as opposed to replacement. c. Costs of replacement if the replacement was necessary because of the Mobilehome Park Owner' sfailure to carry out said maintenance responsibilities, as determined by the Department.
d. Costs to maintain physical improvements in the common facilities in good working order and condition, including pursuant to California Civil Code section 798. 15.
e. Additions or replacements made to bring the Mobilehome Park into compliance with a provision of the State or local law if the Mobilehome Space has not been in compliance with said provision from the time of its original construction or installation and such provision was in effect at the time of such construction or installation.
f. Coin -operated improvements or improvements for which a " use fee" or other charge is imposed on Mobilehome Owners for their use.
E. Application for Recovery of Pass -Through Capital Improvement Costs.
1. A Mobilehome Park Owner must submit an Application for Recovery of Pass -Through Capital Improvement Costs, on a form approved by the Department, within one hundred twenty ( 120) days of completion of the Capital Improvement. procedures and
2. Said
guidelines,
application
contain
must
the
be
following
in compliance
information,
with the
and
Department' s
be accompanied by
copies of relevant supporting documentation:
a. A description of the completed Capital Improvement;
b. A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the Capital Improvement and the cost of financing the Capital Improvement; c. The proposed amortization period to be used based on the Department' sprocedures and guidelines, if the period differs from one hundred twenty ( 120) months;
d. A list of Mobilehome Owners that will be affected by or benefit from the Capital Improvement;
e. The formula used to calculate the pro rata share of each ORDINANCE NO. 1153
Mobilehome Owner;
f. The monthly cost to each affected or benefiting Mobilehome Owner;
g. The commencement and completion dates of the Capital Improvement; and
h. Such other information as the Department may request.
3. Notice Upon Filing Application for Recovery of Pass -Through Capital Improvement Costs.
a. Within five ( 5) calendar days after submission of a Mobilehome Park Owner' sapplication with the Department, the Mobilehome Park Owner shall serve each affected Mobilehome Owner with a notice of said application via personal service or certified mail return receipt requested.
b. Notice must include copies of the Mobilehome Park Owner' s application, together with the projected monthly Capital Improvement cost to be passed through to each Mobilehome Owner.
c. Notice must state that all documentation supporting the application can be reviewed at the Mobilehome Park' s office during regular business hours.
d. Within ten ( 10) calendar days after submission of a Mobilehome Park Owner' sapplication, the Mobilehome Park Owner shall file with the Department a proof of service, on a form approved by the Department, signed under penalty of perjury, stating that a copy of the notice of application was served upon the affected Mobilehome Owners.
e. Proof of mailing or personal delivery of the notice to the Mobilehome Owners shall be required before the application will be reviewed by the Department.
F. Examination and Inspection.
1. Mobilehome Park Owners, at their expense, shall make available for examination within ten ( 10) business days of the written request of any Mobilehome Owner copies of bills for property taxes, any government required service charges, copies of insurance policies and records of insurance payments, and the books and records of the Mobilehome Park Owner relating to costs of the Capital Improvements to verify any increases or decreases sought by the Mobilehome Park Owner under this Section.
2. The Department shall be permitted by a Mobilehome Park Owner, during reasonable business hours, to visit the Mobilehome Park and confirm the Capital Improvement was completed and that the Capital Improvement cost amount is justified.
3. The Mobilehome Park Owner is responsible for the Capital Improvement and confirming that it is in compliance with all federal, State or local laws.
ORDINANCE NO. 1153
G. Standard for Approving Pass -Through Capital Improvement Cost.
1. The Department may approve an application for recovery of a Capital Improvement cost if the Department determines the Capital Improvement cost is reasonable based on the prevailing cost of such improvements, considering the following and any other factors set forth in its procedures and guidelines:
a. The unique features of the Mobilehome Park affecting the cost;
b. That the cost incurred was necessary and appropriate to complete the Capital Improvement;
c. Whether the work was necessary to bring the Mobilehome Park into compliance or maintain compliance with City Code requirements affecting health and safety; and
d. Any supplemental information provided by the Mobilehome Owner to the Department in support of or in opposition to the Mobilehome Park Owner' s
application.
2. The proposed amortization of the Capital Improvement and all other aspects of the application comply with the provisions of this Chapter and the Department' sprocedures and guidelines.
3. Fees and costs incurred by a Mobilehome Park Owner to prepare, file, or pursue an application pursuant to this Section may not be passed on to Mobilehome Owners. Such fees and costs include, but are not limited to, attorney fees and other similar professional services costs.
9. 48. 070 Annual Registration.
A. Registration of Mobilehome Spaces. On or before February 14, 2022 and each year thereafter on or before January 15th of each year, a Mobilehome Park Owner must register each Mobilehome Space that is rented or available for rent in the City' s Registry System or in a form approved by the Department. A Mobilehome Park Owner must contact the Department or update the City' s Registry System within thirty ( 30) calendar days of any subsequent changes to the Mobilehome Space or the discovery of any errors in the City' s Registry System. No fee shall be imposed for any Mobilehome Space exempted from this Chapter pursuant to the Mobilehome Residency Law.
B. Registration of Housing Services. When registering each Mobilehome Space, the Department may also require a Mobilehome Park Owner to register all Housing Services available to the Mobilehome Owners.
C. Registration must include, but is not limited to, the following information:
ORDINANCE NO. 1153
1. Rent for each Mobilehome Space in the Mobilehome Park and the date of the last Rent increase for the Mobilehome Space.
a. If a Mobilehome Space is not the site of any Tenancy at the time of registration, include the most recent Rent for that Mobilehome Space.
2. The name, business address, and telephone number of each Mobilehome Park Owner in the Mobilehome Park and the nature of such ownership interest.
3. The number of Mobilehome Spaces in the Mobilehome Park.
4. The name and mailing address of each Mobilehome Owner.
5. A map of the Mobilehome Park.
6. Move -in and vacancy dates for each Mobilehome Owner.
7. A description of Housing Services provided by the Mobilehome Park Owner.
8. The date each Mobilehome Space was first offered for rent.
9. The term of each Rental Agreement.
10. The rules and regulations of the Mobilehome Park.
D. Registration Fee. A Mobilehome Park Owner must pay an annual registration fee for each Mobilehome Space in the Mobilehome Park. This registration fee shall be determined by the City Council by resolution and shall be sufficient to pay operating costs for this Chapter, including but not limited to, administrative time and costs, legal fees and costs, and any other expense incurred to implement, administer, and enforce this Chapter.
E. Registration Fee Pass -Through. A Mobilehome Park Owner may recover up to fifty percent ( 50%) of a
registration fee from the Mobilehome Owners. The
registration fee pass -through cost shall be calculated in accordance to the Department' sprocedures and guidelines. A Mobilehome Park Owner may only collect one annual registration fee pass -through cost at a time and must also meet the following requirements to pass -through this registration fee:
1. Timely and accurately submits an annual registration for each Mobilehome Space and Housing Services in the Mobilehome Park;
2. Lists the registration fee pass -through cost as a separate line item on the monthly obligation( s) statement;
3. Provides Mobilehome Owner with thirty ( 30) days' notice before collecting any registration fee pass -through cost; and
4. Mobilehome Owner' s payment to the Mobilehome Park Owner for the registration fee pass -through cost is paid in twelve ( 12) equal, monthly installments, unless otherwise agreed to by the Mobilehome Owner.
F. Excess Registration Fee Pass -Through Cost Paid:
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1. In the event a Mobilehome Owner paid registration fee pass -through cost in excess of that permitted by the Department, the Mobilehome Park Owner shall reimburse the Mobilehome Owner for the registration fee pass -through cost overpayment.
2. The Mobilehome Park Owner may elect to either:
a. Reimburse the Mobilehome for the registration fee pass -through cost overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or
b. Reimburse the Mobilehome Owner for the registration fee pass - through cost overpayment over a six (6) month period in the form of a monthly credit towards any monthly obligation( s) otherwise due from the Mobilehome Owner, to which the first credit must be applied at the time the next monthly obligation is due.
3. Reimbursement for Overpayment Exceeds Monthly Obligation( s) Due.
Where the reimbursement due to the Mobilehome Owner exceed the total monthly obligation( s) due for the remainder of the Tenancy, the reimbursement exceeding the monthly obligation( s) shall be immediately paid to the Mobilehome Owner as a lump sum payment.
9. 48. 080 mobiiehome Owner Rental Agreement.
A. A Mobilehome Owner shall be offered a Rental Agreement for: (1) a term of twelve ( 12) months, or (2) a lesser period as the Mobilehome Owner may request, or 3) a
longer period as mutually agreed upon by both the Mobilehome Owner and the Mobilehome Park Owner or its management.
B. Rental Agreements executed between a Mobilehome Park Owner and a Mobilehome Owner shall be in compliance with the requirements and procedures set forth in the Mobilehome Residency Law and this Chapter.
C. No Rental Agreement for a Mobilehome Space shall contain a provision by which the Mobilehome Owner waives his or her rights under the provisions of the Mobilehome Residency Law. Any such waiver shall be deemed contrary to public policy and void.
D. Neither a Mobilehome Owner nor a prospective Mobilehome Owner shall be required to sign a Rental Agreement that is exempt from or that does not comply with the provisions of this Chapter.
E. A Mobilehome Park Owner shall include language in the Rental Agreement that a Mobilehome Owner may be subject to pass -through costs that have been reviewed and approved by the Department.
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i
F. A prospective Mobilehome Owner who has not moved into the Mobilehome Space may cancel a Rental Agreement by notifying the Mobilehome Park Owner or its management in writing of the cancellation within seventy- two (72) hours of the execution of the Rental Agreement.
9. 48. 090 Notice to Mobilehome Owners.
A. Mandatory Notices to Mobilehome Owners. Mobilehome Park Owners must provide to each Mobilehome Owner, prior to, or at the time of agreeing to Rent a Mobilehome Space, a notice of Mobilehome Owner' srights under this Chapter and a copy of the Mobilehome Residency Law. The Department shall publish a form notice of Mobilehome Owner' srights in English and other frequently spoken languages. A Mobilehome Park Owner must provide the form notice in the following circumstances:
1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;
2. When renewing a Rental Agreement; and
3. When providing a notice of a Rent increase or decrease or a Service Reduction.
B. Notice Regarding Potential Pass -Through Costs and Fees. A Mobilehome Park Owner shall include language in the Rental Agreement that Mobilehome Owner may be subject to pass -through costs and fees that have been reviewed and approved by the Department.
C. If the Rental Agreement is negotiated or written in a language other than
English, the Mobilehome Park Owner must also provide the form notice of Mobilehome Owner' srights in English and the language in which the Rental Agreement was negotiated or written.
D. Posting on Property. A Mobilehome Park Owner must post a copy of the form notice of Mobilehome Owner' srights, as published by the Department, in an on- site management office or in an accessible area of the Mobilehome Park.
9. 48. 100 Retaliatory Eviction and Anti -Harassment.
A. No Mobilehome Park Owner, or any person acting as a principal or agent, offering a Mobilehome Space for Rent, or any contractor, subcontractor or employee of the Mobilehome Park Owner may retaliate against a Mobilehome Owner for the Mobilehome Owner' sassertion or exercise of rights under this Chapter in any manner, including but not limited to:
ORDINANCE NO. 1153
1. Threatening to bring or bringing an action to recover possession of a Mobilehome Space;
2. Engaging in any form of harassment that causes a Mobilehome Owner to quit the Mobilehome Space;
3. Preventing a prospective Mobilehome Owner from freely exercising his or her legal options to choose a month -to -month Rental Agreement;
4. Decreasing Housing Services;
5. Increasing the Mobilehome Space Rent; or
6. Imposing or increasing a security deposit or any other charge payable by a Mobilehome Owner.
B. Mobilehome Owners have a
right to organize an association without
hindrance from the Mobilehome Park Owner to exercise the rights provided under the provisions of this Chapter.
C. In any action brought to recover possession of a Mobilehome space by a Mobilehome Park Owner, the court may consider, as grounds for judgment in favor of the Mobilehome Owner, any violation of any provision of this Chapter by the Mobilehome Park Owner.
D. A determination that the action brought to recover possession of a Mobilehome Space was brought in retaliation for the exercise of any rights conferred by this Chapter shall be grounds for judgment in favor of the Mobilehome Owner.
E. Remedies and Penalties. For purposes of this Section:
1. If any Mobilehome Park Owner or any person, acting as a principal or agent, offering a Mobilehome Space for rent, or any contractor, subcontractor, or employee of the Mobilehome Park Owner violates the terms of this Section, an aggrieved Mobilehome Owner may institute a civil action, as allowed under Section
9. 48. 150 (Remedies), for injunctive relief, direct money damages, and any other relief that the court deems appropriate. Such relief shall include a civil penalty of no less than Two Thousand Dollars ($2, 000), and no more than Five Thousand Dollars ($ 5, 000), per violation, at the discretion of the court. If the aggrieved Mobilehome Owner is older than sixty- two (62) or disable, the court may award an additional civil penalty of up to Five Thousand Dollars ($ 5, 000) per violation, at the discretion of the court.
2. The above remedies are not exclusive and do not preclude any Mobilehome Owner from seeking other remedies or penalties provided by applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.
9. 48. 110 Procedures and Guidelines.
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The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter. 6 9. 48. 120 Enforcement.
The Department is authorized to take any and all appropriate steps it deems necessary to enforce this Chapter.
9. 48. 130 Administrative Review and Appeals.
A. Administrative Review.
1. The Department shall review and evaluate applications pursuant to this Chapter.
2. The Department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.
B. The City Council will establish by resolution the party or parties who will oversee administrative review and appeals relating to the provisions set forth in this Chapter.
C. Authorization. Any party dissatisfied by the Department' sfinal decision pursuant to this Chapter may request an appeal of the Department' sdecision to the Oversight
administrative
Party,
record
unless
shall
otherwise
be reviewable
prohibited
by the
by this
Oversight
Chapter.
Party.
The Department' s
D. Term Limit. A party must file an appeal before the Oversight Party within fifteen ( 15) days of the Department' sfinal decision. The Oversight Party shall have no authority to consider matters not filed within fifteen ( 15) days of the Department' sfinal decision.
E. Filing Appeals. An appeal shall be filed with the secretary of the Oversight Party on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:
1. The Department' sdetermination or interpretation is not in accord with the purposes of this Chapter;
2. There was an error or abuse of discretion by the Department;
3. The administrative record includes inaccurate information; or
4. The Department' s decision is not supported by the administrative record.
F. Procedures for Appeals.
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1. Hearing Dates. The Oversight Party may delegate the setting of hearing dates to its secretary or Department staff assigned to the Oversight Party.
2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the Oversight Party shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the Department, and any other interested party.
3. Application and Materials. At an appeal hearing, the Oversight Party shall consider only the administrative record that was subject of the Department' sfinal decision.
G. Decision and Notice.
1. After the hearing, the Oversight Party shall either:
a. Affirm, modify, or reverse the Department' s
decision and specify
the reasons for its decisions; or
b. Refer the matter back to the Department for further review.
2. Decisions shall be rendered within thirty (30) days of the close of the hearing. If the Oversight Party fails to act within thirty (30) days of the close of the hearing, the Department' sdecision shall be deemed affirmed.
3. The secretary or Department staff assigned to the Oversight Party shall mail the Oversight Party' s decisions to the parties within ten ( 10) days after it is rendered.
H. Final Decision. The decision of the Oversight Party shall be final and not subject to further appeal.
9. 48. 140 Administrative Fines.
A. Administrative Fines. Any Mobilehome Park Owner or Mobilehome Owner who violated any provision of this Chapter, or Department' sprocedures and guidelines is subject to an administrative fine not to exceed One Thousand Dollars ($ 1, 000).
B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense. The remedies set forth in this Section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party' sright to obtain relief to which he or she may be entitled at law or in equity.
C. Notices of Violation and Administrative Fine. If the Department determines that a Mobilehome Park Owner or Mobilehome Owner has violated this Chapter, or ORDINANCE NO. 1153
Department' sprocedures and guidelines, the Department may issue Notices of Violation and Administrative Fine.
D. Administrative Appeals and Judicial Review.
1. Administrative Appeal. Any Mobilehome Park Owner or Mobilehome Owner who receives a Notice of Administrative Fine may request an administrative hearing before a hearing officer.
2. Judicial Review of Hearing Officer Decision. Any Mobilehome Park Owner or Mobilehome Owner may seek judicial review of a hearing officer' sdecision pertaining to the imposition of an administrative fine.
9. 48. 150 Remedies.
A. Civil Liabilities. Any Mobilehome Owner or any other person or entity acting on behalf of the Mobilehome Owner who will fairly and adequately represent Mobilehome Owner' sinterest, including the City, is authorized to bring a civil action and/ or proceeding in a court of competent jurisdiction for violation of this Chapter for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorney' sfees and costs, and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorney' sfees and costs to a Mobilehome Park Owner who prevails in any such action if the court determines that the Mobilehome Owner' saction was frivolous.
B. Civil Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty, not to exceed One Thousand Dollars ($ 1, 000) for each violation, except as allowed in Section
9. 48. 100.
C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($ 1, 000), or by imprisonment for a period of not more than six (6) months, or by both.
D. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continues, shall constitute a separate offense.
E. The above remedies are not exclusive and do not preclude the City or any Mobilehome Owner from seeking other remedies or penalties provided by applicable law.
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9. 48. 160 Mobilehome Park Closure, Conversion or Change of Use — Relocation Impact Reports
A. Statement of Purpose. The purpose of this Section is to implement Sections 65863. 7-8and 66427. 4-5of the California Government Code, which require a person or entity proposing to convert, close or cease the use of a Mobilehome Park to address the impact on the Mobilehome Owners to be displaced, and, where required, to take steps to mitigate the adverse impacts on the Mobilehome Owners.
B. Definitions. For purposes of this Section, the following definitions shall apply in addition to the definitions set forth in Section 9. 48. 020.
1. "Applicant" means any person or entity seeking approval of a Mobilehome Park Closure, Conversion or Change of Use, or a Mobilehome Park Owner whose Mobilehome Park has been determined to be undergoing conversion due to reduced occupancy.
2. "Closure, Conversion or Change of Use" means changing the use of a Mobilehome Park such that it no longer contains occupied Mobilehomes, as described in and regulated by California Government Code section 66427. 4. a. A " Closure" includes ceasing to Rent Mobilehome Spaces for human habitation and displacement of Residents, or when 25 percent or more of the Mobilehome Spaces within a Mobilehome Park become vacant. b. "Conversion" means the conversion of a Mobilehome Park composed of rental spaces to a condominium or common interest development, as described in and/ or regulated by California Government Code section 66427. 5and/ or section 66428. 1.
c. "Change of Use" has the meaning set forth in California Civil Code section 798. 10 and means the use of the Mobilehome Park for a purpose other than the rental, or the holding out for Rent, of two or more Mobilehome Spaces to accommodate Mobilehomes used for human habitation, and does not mean the adoption, amendment or repeal of a Mobilehome Park rule or regulation. A " Change of Use" may affect an entire Mobilehome Park or any portion thereof, and includes, but is not limited to, a change of the Mobilehome Park or any portion thereof to a condominium, stock cooperative, planned unit development or any form of ownership wherein Mobilehome Spaces within the Mobilehome Park are to be sold.
3. "Comparable Housing" means housing that meets the minimum standards of the California Building Code, and that is similar to the subject Mobilehome in term of rent, size, number of bedrooms and bathrooms, and other relevant factors such as location and proximity to the Resident' splace of employment, amenities, schools and public transportation.
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4. "Comparable Mobilehome" means a Mobilehome that is similar in size, age, condition, number of bedrooms and amenities to the Mobilehome that is being displaced by Closure, Conversion or Change of Use of the Mobilehome Park.
5. "Relocation Impact Report" means a written report meeting the requirements of this Section and that describes: ( 1) the impacts of the Closure, Conversion or Change of Use of the Mobilehome Park on affected Residents, and (2) the measures that will be taken to mitigate adverse impacts of such Closure, Conversion or Change of Use on affected Residents.
6. "Relocation Specialist" means the Department -approved individual or firm retained by the Applicant, as required by this Chapter, to assist in the preparation of the Relocation Impact Report and to provide the support described herein to eligible Residents. The Relocation Specialist shall be familiar with region' shousing market and qualified to assist Residents to evaluate, select, and secure placement in Comparable Housing, to arrange the moving of all the Resident' s
personal property, and to render
financial advice on qualifying for various housing types.
7. "Resident" means a Mobilehome Owner and/ or other person legally residing in a Mobilehome Park whose Mobilehome was located in a Mobilehome Park on the date of issuance of a Notice of Intent to apply for an application for Closure, Conversion or Change of Use of the Mobilehome Park. Residents includes the spouse, parents, children, and grandchildren of the Resident who reside in the Mobilehome in the Mobilehome Space on the date of the application.
C. Notice of Intent of Closure, Conversion or Change of Use of Mobilehome Park.
1. Notice of Intent. Applicant shall provide each Resident a written Notice of Intent of Closure, Conversion or Change of Use of Mobilehome Park at least one hundred twenty ( 120) days prior to a Relocation Impact Report being filed with the Department. Proof of service of the Notice of Intent on the Residents, via personal service or certified mail return receipt requested, must be provided to the Department on a form approved by the Department, within ten ( 10) days of providing each Resident a Notice of Intent. A Notice of Intent provided to each Resident does not relieve a Resident from his or her obligation to pay Rent.
2. Notice to Prospective Residents. When an application for a Conversion or Change of Use of Mobilehome Park has been filed with the City or the Mobilehome Park has been determined to be undergoing Closure, the Applicant shall advise each prospective new Resident who proposes to occupy a Mobilehome within such Mobilehome Park, in writing, prior to the execution of a Rental Agreement or commencement of such occupancy whichever occurs first, that such application has been filed or Closure determined, and that the prospective new Resident may not be entitled to any relocation assistance under this Section.
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D. Relocation Assistance. As a condition of a Mobilehome Park Closure, Conversion or Change of Use, an Applicant shall be required to employ a Relocation Specialist and provide relocation assistance to Residents in an amount not to exceed the reasonable costs of relocation. The minimum relocation assistance required shall be determined based on the Department' sprocedures and guidelines.
1. Eligibility for Relocation Assistance. A Resident who has received a Notice of Intent from the Applicant is entitled to relocation assistance.
2. Protections.
a. No Applicant shall require any Resident to waive his or her rights to relocation assistance as a condition of renting a Mobilehome Space in the Mobilehome Park.
b. Residents who are eligible for relocation assistance shall be entitled to the assistance required by the Department, consistent with this Section, as a condition of Closure, Conversion or Change of Use even if they move out of the Mobilehome Park before a final determination on the Relocation Impact Report.
3. Reasonable Cost of Relocation. Reasonable cost of relocation includes a moving allowance and other applicable types of relocation assistance based on the Relocation
procedures
Impact
and guidelines.
Report and set forth in this Section and the Department' s E. Relocation Impact Report. The Relocation Impact Report shall be in compliance with this Section and set forth the impact of the Closure, Conversion or Change of Use upon the Residents who will be displaced.
1. Timing for Filing Relocation Impact Report. A Relocation Impact Report, prepared by an Applicant or Relocation Specialist, must be filed with the Department within one hundred twenty ( 120) days of Applicant providing a Notice of Intent to the Residents. Applicant must use a Relocation Specialist to assist Residents as required by this Section and the Department' sprocedures and guidelines.
2. No Closure, Conversion, or Change of Use Until Approval of Relocation Impact Report. No Applicant shall cause or permit the filing of an application for Closure, Conversion or Change of Use with the City' s Department and/ or permit the Closure, Conversion or Change of Use of a Mobilehome Park until the Relocation Impact Report has been reviewed and approved, which will enable each displaced Resident to relocate into Comparable Housing.
3. Contents of Relocation Impact Report. A Relocation Impact Report shall contain the following information:
a. Resident Information.
i) The names and address of all Residents within the
Mobilehome Park; and
ii) The total number of Residents, categorized on a space by space basis identifying the following categories:
ORDINANCE NO. 1153
Mobilehome;
the chronically ill; and
older.
a) If the Residents are owners or renters of the
b) Residents under the age of eighteen ( 18);
c) Residents who are physically disabled, including
d) Residents who are sixty- two (62) years of age or
b. Converting Mobilehome Park Information.
i) A legal description of the property;
ii) The age of the Mobilehome Park;
iii) The proposed schedule for Closure, Conversion or
Change of Use of the Mobilehome Park;
iv) A description of any proposed new use for the
Mobilehome Park, including the approximate number of proposed residential units, if any;
v) The number of Mobilehomes existing in the Mobilehome Park, length of occupancy by the current Resident of each Mobilehome Space, and the current Rent for each Mobilehome Space; and
vi) A site plan of the Mobilehome Park showing all
Mobilehome Spaces within the Mobilehome Park, identified by number. c. Comparable Housing Information.
i) Applicant shall provide information regarding the
availability of Comparable Housing.
ii) Each Comparable Housing shall be identified by: (A) name and address; (B) age; (C) lease or rental rates; (D) terms, policies, and restrictions on the types of homes and residents accepted; an estimate of number of replacement spaces within each Mobilehome Park as of the date of survey. d. Relocation Assistance Information. The Applicant shall state how relocation assistance will be implemented to comply with this Section. The Relocation Impact Report shall include the following:
i) Applicant' s procedure to accommodate the Residents or Mobilehomes that are not able to relocate and the specific relocation assistance and options available to each Resident;
ii) Identification of the Relocation Specialist assisting the Residents in finding and moving to Comparable Housing;
iii) The specific relocation assistance and options proposed shall be provided to each Resident by certified or registered mail at least fifteen ( 15) days prior to filing the Relocation Impact Report with the Department. Proof of service via personal service or certified mail return receipt requested of the specific relocation assistance and options proposed to the Residents of the Mobilehome Park must be provided to the Department at the time of filing of the Relocation Impact Report; ORDINANCE NO. 1153
iv) Proposed measures to mitigate the adverse impacts of the Mobilehome Park Closure, Conversion or Change of Use on the Residents in the Mobilehome Park; and
v) An appraisal if a displaced Resident cannot obtain
Comparable Housing in another Mobilehome Park, in compliance of Government Code section 65863. 7.
e. Any other information and mitigation measures as the Department shall deem necessary, as set forth in its procedures and guidelines.
4. Failure to Prepare Relocation Impact Report.
a. The failure of an Applicant to prepare a complete Relocation Impact Report within the time required pursuant to this Section is hereby determined to have a severely adverse economic effect on Residents due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance.
b. If the Applicant fails to prepare or cause to be prepared a Relocation Impact Report within such required time, the Department shall cause such Relocation Impact Report to be prepared at the expense of the Applicant. Failure of the Applicant to reimburse the City for such cost within thirty (30) days of receipt of such statement, may resulting in potential fines and penalties assessed against the Applicant.
F. Hearing and Notice.
1. Department Review of the Relocation Impact Report. The Oversight Party shall not be required to take any action to hold public hearings to consider a Relocation Impact Report until the Department has had a reasonable time, not to exceed thirty ( 30) days, within which to verify that the Relocation Impact Report is complete and contains all of the information required by this Section. If the Department determines that the Relocation Impact Report does not contain all of the information required by this Section, it shall set forth in writing the specific deficiencies.
2. Setting of Hearing. The Department will deem a Relocation Impact Report complete and shall set a time, date, and place for hearing to take place not less than sixty ( 60) days after the date the Department determines the Relocation Impact Report is complete and upon Applicant payment of any applicable fees in accordance with this Section and the Department' sprocedures and guidelines. The secretary of the Oversight Party or Department staff may give such additional notice as it deems necessary or desirable. Such time may be extended to the extent necessary to comply with any State regulations, including the California Environmental Quality Act.
3. Notice of Hearing. The Department shall provide Applicant a Notice of Hearing containing a general explanation of the matters to be considered by the Oversight Party and any other information as the Department shall deem necessary, as set forth in the procedures and guidelines.
ORDINANCE NO. 1153
a. Applicant shall furnish a written Notice of Hearing to each Resident proposed to be displaced in the Mobilehome Park at least sixty (60) days prior to the hearing informing Residents that the Applicant will appear at the Oversight Party for review and approval of a Relocation Impact Report. b. Applicant shall provide a copy of the Relocation Impact Report to each Resident proposed to be displaced in the Mobilehome Park, which shall include the appraisal of the Mobilehome owned or resided in by that particular Resident.
Applicant, at his or her expense, must provide the Relocation Impact Report in English and the language in which the Rental Agreement was negotiated or written. c. Applicant must provide a proof of service, on a form approved by the Department, of the Notice of Hearing sent to each Resident within ten ( 10) days of the hearing before the Oversight Party.
d. The Oversight Party shall not hold any hearing on the Relocation Impact Report or render a decision thereon before the Applicant has satisfactorily verified that the Residents have been notified as required by State and this Chapter.
e. The Applicant shall pay all costs associated with providing notices, including any publishing and postage expenses and translation expenses.
G. Findings and Decision.
1. The Oversight Party shall conduct a hearing to review the Relocation Impact Report at the noticed date and time. The Oversight Party may consider all relevant evidence presented at the hearing and shall render its findings and decision within thirty (30) days therefrom. The secretary of the Oversight Party or Department staff assigned by the Director shall mail the Oversight Party' sdecision within ten ( 10) days after it is rendered to the Applicant, Residents and to all persons who have filed a written request for notification. The decision of the Oversight Party shall be final and not subject to further review by the City.
2. The Oversight Party shall approve, conditionally approve or disapprove a Relocation Impact Report. The Oversight Party shall approve the Relocation Impact Report if it finds that the Relocation Impact Report has satisfactorily addressed the following:
a. The Relocation Impact Report contains the information required pursuant to the County' sprocedures and guidelines and Sections 65863. 7and 66427. 4-5of the California Government Code, as applicable; b. The Applicant has complied with all applicable notice requirements as provided for by State Law and by this Section and each Resident has had adequate notification of the Relocation Impact Report; c. The Relocation Impact Report accurately represents the total costs associated with the relocation of each Resident;
ORDINANCE NO. 1153
d. Each Resident will receive the reasonable costs of relocation from Applicant consistent with State law, this Section and the Department' sprocedures and guidelines; and
e. Whether or not approval of the Mobilehome Park Closure, Conversion or Change of Use and the Mobilehome Park' s Conversion into its intended new use, taking into consideration both the Relocation Impact Report as a whole and the overall housing availability within the City, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate -income households within the City.
3. In approving the Relocation Impact Report, the Oversight Party may require the imposition of such conditions as it finds necessary to mitigate the adverse impacts on the Residents to find Comparable Housing.
4. Extensions. Any of the time limits specified in this Section may be extended by mutual consent of Applicant and the Oversight Party.
5. No person shall cause or permit the Mobilehome Park Closure, Conversion or Change of Use until the Relocation Impact Report has been approved by the Oversight Party and the specified mitigation measures have been completed.
H. Performance of Mitigation Measures. The Applicant shall fully perform the mitigation measures set forth in, and the conditions imposed in connection with, the approved Relocation Impact Report and such performance shall be a condition of approval of any concurrent or subsequent development application proposing an alternate or replacement use of the Mobilehome Park. No Resident or person shall be required to remove his or her Mobilehome and no Resident shall be required to vacate a Mobilehome Park until all of the following conditions have been satisfied:
1. The Oversight Party' sapproval of the Relocation Impact Report;
2. The Applicant has given six (6) months or more notice of termination of tenancy as required by California Civil Code section 798. 56( g) and that at least a sixmonth period has elapsed.
3. Each Resident has received the reasonable costs of relocation from the Applicant as required by the Oversight Party and pursuant to California Government Code section 65863. 7(e); and
4. Such performance has been verified by the Department.
I. Modification of Relocation Impact Report.
1. The Oversight Party may, upon request of Applicant, modify the provisions of an approved Relocation Impact Report. A modification may be approved where the Oversight Party finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing approving the Relocation Impact Report.
ORDINANCE NO. 1153
2. The Oversight Party may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Relocation Impact Report.
J. Nullification of Approved Relocation Impact Report.
1. The Oversight Party, upon request of the Department and after holding a public hearing, may nullify an approved Relocation Impact Report. No nullification shall be ordered unless the Oversight Party makes either of the following findings:
a. Approval of the Relocation Impact Report was obtained fraudulently;
b. The Applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Relocation Impact Report.
2. If an approved Relocation Impact Report is nullified, then the Applicant shall not be entitled to perform the Closure, Conversion or Change of Use of the Mobilehome Park until a new Relocation Impact Report is approved in accordance with this Section.
K. Evictions Pending Compliance with Relocation Impact Report. Termination of a Tenancy of any Mobilehome Owner pursuant to California Civil Code section 798. 56 or any other provision of law shall not relieve Applicant of its obligation to comply with the conditions or requirements of the Relocation Impact Report applicable to that Applicant. However, if the termination of tenancy is based on subdivisions ( a), (b), (c), d) or ( e) of Section 798. 56of the California Civil Code, the Oversight Party, upon request by Applicant, may grant the Applicant' sextensions of time within which to comply with the conditions of the Relocation Impact Report.
L. Remedies.
1. The failure of an Applicant to comply with this Section or with any condition of the Relocation Impact Report shall be defense in any action to terminate tenancy under subdivision (0 of Section 798. 56 of the California Civil Code.
2. Violation of any valid condition of a Relocation Impact Report imposed by the Oversight Party pursuant to this Chapter shall be subject to the remedies and penalties set forth in Sections 9. 48. 150 and 9. 48. 160.
M. Effective Date. The provisions of this Section shall apply to any judgment.
Accordingly, any affirmative defenses to an unlawful detainer proceeding created or modified by this Section shall apply to any such proceeding not reduced to final judgment, as of the effective date of this Section.
ORDINANCE NO. 1153
SECTION 3. Any provision of the City of Pico Rivera' s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.
SECTION 5. The City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation within 15 days after passage in accordance with Government Code Section 36933. This Ordinance shall take effect thirty ( 30) days after its passage pursuant to Government Code Section 36937.
APPROVED AND ADOPTED this 11th day of January, 2022.
Dr. Monica Sanchez, May
ATTEST:
Anna M. Jerome, CitJ Clerk
APPROVED AS TO FORM:
Arinold M. AlvarexGlasman,
City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )
I, Anna M. Jerome, City Clerk of the City of Pico Rivera do hereby certify that the foregoing Ordinance No. 1153 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, January 11, 2022 with the following vote:
ORDINANCE NO. 1153
AYES: Camacho, Lara, Sanchez
NOES: Elias, Lutz
ABSENT: None
ABSTAIN: None
Anna M. Jerome, C. Clerk
CITY COUNCIL AGENDA REPOR I
To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: January 11, 2022
Subject: SECOND READING — ADOPT MOBILEHOME RENT
STABILIZATION AND MOBILEHOME OWNER
PROTECTIONS ORDINANCE
Recommendation:
1. Conduct a second reading and adopt the Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance (Ordinance); and
2. Take such additional, related, action that may be desirable.
Fiscal Impact:
To be determined depending upon the direction of the City Council.
Discussion:
At its Regular City Council meeting of December 14, 2021, the City Council conducted the first reading and introduction of the Mobilehome Rent Stabilization and Mobilehome Protections Ordinance. The Ordinance has been amended to reflect the December 14, 2021, motion carried by a majority of the City Council to introduce the Ordinance as presented with the amendment to roll back rent to October 13, 2020.
Pursuant to Assembly Bill 2782, this Ordinance will only affect 1) all mobilehome leases that are 12 months or less in length regardless of the time the lease was entered, and 2) all mobilehome leases that are more than 12 months in length only if entered on or before February 13, 2020. After January 1, 2025, this rent stabilization ordinance will affect all mobilehome leases, unless the law is amended.
Under this Ordinance, a mobilehome park may only increase mobilehome space rent once per year, unless otherwise allowed by the Ordinance. This Ordinance will also cap annual rent increases to no more than 3%, create a registry of mobilehome park spaces, establish a base rent, and a process to allow mobilehome park owners to petition the City to demonstrate that the annual rent increase does not allow for a reasonable profit on their investment, as required by state law. 3 CITY COUNCIL AGENDA REPORT — MEETING OF JANUARY 11, 2022 SECOND READING — ADOPT MOBILEHOME RENT STABILIZATION AND
MOBILEHOME OWNER PROTECTIONS ORDINANCE
Conclusion:
Staff recommends the City Council conduct the second reading and adopt the Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance. If the Ordinance is adopted, it would become effective 30 days after the adoption of the Ordinance.
Steve Carmona
Arnold M. Alvarez- Glasman
SC: JG: ID: jj
Enclosure: 1) Ordinance
tb60
AGENDA REPORT
To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: December 14, 2021
Subject: CONDUCT A STUDY SESSION REGARDING THE
MOBILEHOME RENT STABILIZATION ORDINANCE AND
RELATED ISSUES
Recommendation:
1. Pursuant to City Council direction, conduct a study session regarding the Mobilehome Rent Stabilization Ordinance ( Ordinance) and discuss related issues; and
2. Provide further direction on the Ordinance and/ or consideration of Introduction of Ordinance.
Fiscal Impact:
To be determined depending upon the direction of the City Council.
Discussion:
Upon direction from the City Council, it was directed that a study session be conducted to further analyze the issues related to mobilehome park space rents, rent stabilization ordinances, implementation of a mobilehome registration program and legislation that protects residents. Staff has previously conducted a survey of cities, spoken with mobilehome park residents, mobilehome park property owners and other interested individuals to gather information regarding mobilehome park issues in the City and surrounding cities. Furthermore, staff conducted site visits of the six ( 6) mobilehome parks to note the conditions with regard to maintenance, lighting, amenities for residents and other quality of life issues.
City staff presented a mobilehome park rent stabilization program to the Planning Commission on October 13, 2020, at a City Town Hall event on February 16, 2021, and to City Council on February 23, 2021. Issues discussed by staff, residents and other attendees at these events included, but were not limited to: housing cost -burdens for mobilehome residents, maintenance and safety concerns, escalating space rents, and the proposal from residents for a rent stabilization ordinance and registration program HOUSING ASSISTANCE AGENDA REPORT — MEETING OF DECEMBER 14, 2021
CONDUCT A STUDY SESSION REGARDING THE MOBILEHOME RENT
STABILIZATION ORDINANCE AND RELATED ISSUES
were presented. During the Town Hall, the City Council directed staff to schedule this item for further discussion related to the establishment of a local rent stabilization ordinance for mobilehomes.
City staff has researched legislative measures at the State level such as AB 1482, AB 2782, Proposition 10, Proposition 21 and other rent control efforts by the legislature.
Civil Code Section 798 et seq., the Mobile Home Residency Law, does not include rent control mobilehome parks and does not prohibit local entities from imposing rent control on mobilehome parks. Attempts for a statewide rent control, such as Propositions 10 and 21 as well as Assembly Bills ( AB) 1482, 2782 and 2895 have been unsuccessful to date with regard to covering mobilehome parks. Proposition 10, if passed, would have allowed rent control on any residential property, including mobilehome parks.
Proposition 21 would have allowed local governmental entities to enact rent control on housing first occupied over 15 years prior, however, it did not apply to mobilehomes.
AB 2782 provides the following restrictions and guidelines:
Mobilehome leases over 12 months in length are subject to local rent control ordinances only if they were entered into on or after February 13, 2020.
If mobilehome leases over 12 months in length were entered into before February 13, 2020, they will be exempt from and not subject to local rent control ordinances until January 1, 2025, when the long- term lease exemption expires.
Once the long- term lease exemption expires on January 1, 2025, ALL mobilehome leases, regardless of length, will be subject to local rent control ordinances.
In sum, the rent stabilization ordinance attached will only affect 1) all mobilehome leases that are 12 months or less in length and 2) all mobilehome leases that are more than 12 months in length only if entered into on or before February 13, 2020. After January 1, 2025, this rent stabilization ordinance will affect all mobilehome leases, unless the law is amended.
Approximately 100 local jurisdictions have mobilehome rent control, including Los Angeles, Santa Monica, West Hollywood, Beverly Hills, Culver City, and unincorporated Los Angeles County. The mobilehome parks within the City of Pico Rivera include Citrus Drive Trailer Park, Elms Mobile Estates, Rio Vista Mobile Estates, Shamrock Mobile Home Park, Villa Nova Mobile Estates, and Westland Estates.
Under this Ordinance, a mobilehome park may only increase mobilehome space rent once per year, unless otherwise allowed by the Ordinance. This Ordinance will also cap annual rent increases to no more than 3%, create a registry of mobilehome park spaces, establish a base rent, and a process to allow mobilehome park owners to HOUSING ASSISTANCE AGENDA REPORT — MEETING OF DECEMBER 14, 2021
CONDUCT A STUDY SESSION REGARDING THE MOBILEHOME RENT
STABILIZATION ORDINANCE AND RELATED ISSUES
petition the City to demonstrate that the annual rent increase does not allow for a reasonable profit on their investment, as required by state law.
Conclusion:
Staff seeks direction from the City Council on this issue. Upon completion of the study session, the City Council can provide further direction on next steps, which can include the introduction and first reading of the Ordinance. If the Ordinance is introduced, this is not final action. A second reading and adoption of the Ordinance would be required at the next regular City Council meeting. If the Ordinance is adopted, it would become effective 30 days after the adoption of the Ordinance.
Steve Carmona
Arnold M. Alvarez- Glasman
SC: JG: ID: jj
Enclosure: 1) Ordinance
COUNCIL
MEETING
DATE
COUNCIL MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager Reports;
Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
3/12/2024 Lutz/Garcia Create funding for 1st time Home Buyers (Veterans/1st Responders ) A. Betancourt
TBD Pending
9/10/2024 Lutz/Lara Create Good Citizen Award Program TBD Pending 10/22/2024 Lutz/Lara Cost of Palm Trees for Street Median Beautification project
GOOD OF THE ORDER