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ITEM 12.1. ATTACHMENT 2 Manager of the City of Rancho Cordova and the duly authorized representatives of the Owners of all Mobile Home Parks which are situated in the City.
D. Nothing in this Agreement shall be deemed to impose any obligation upon any owner with respect to a Mobile Home Park not subject to such Owner’s control. This Agreement only imposes obligations on the Owner with respect to the Park.
4. ANNUAL BASE RENT INCREASE.
On the first Anniversary Date during the term of this Agreement, and on each and every Anniversary Date thereafter, the Owner may increase the then existing Base Rent by one hundred percent (100%) of the increase in the CPI, using the most recently published CPI data for the twelve-month period prior to the notice of rent increase, with a minimum rent increase of three percent (3%), and a maximum of six percent (6%) ("Annual Base Rent Increase").
5. RENT INCREASE WHEN EXISTING HOMEOWNERS VACATE THE PREMISES.
The Owners may increase the rent to the market rate when a current or existing Homeowner no longer resides at the Space and either (a) there is a Transfer of legal title or ownership of the existing Mobile Home to a new Homeowner, or (b) the existing Mobile Home is removed and a different Mobile Home is located on the Space.
6. PASS THROUGH ADJUSTMENTS.
In addition to the increases in Base Rent authorized in Sections 4 and 5, Owner may pass through to the Homeowner the following costs ("Pass Throughs"). a. Government Fees and Assessments. If the cost of Government Fees and Assessments exceeds the cost for Government Fees and Assessments from the prior fiscal tax year by more than the annual CPI increase, the Owner may pass through such increase to the Homeowners unless the Government Fee or Assessment has increased by less than the CPI in any of the prior five (5) years. The amount of any Government Fees and Assessments Pass Through shall be the total annual amount of such increase in the Government Fees and Assessments divided by twelve (12) and then divided by the total number of spaces in the Park. b. Capital Improvements. The Owner may pass through to the Homeowners, the amortized cost of any Capital Improvement, provided that such Capital Improvement has been approved by a majority of the residents of the Park by a written ballot with each Space having one (1) vote. The Owner shall provide the residents of the Park with at least thirty (30) days to consider the approval of the Capital Improvement. Any written ballot shall include the estimated cost of the Capital Improvement Pass Through for each resident. The amount of any Capital Improvement Pass Through shall be determined by amortizing the actual cost of the Capital Improvement plus interest at the actual rate of interest paid by the Owner for any financing associated with the Capital Improvement over the applicable amortization schedule of the U.S. Internal Revenue Code, or the Prime Rate in the event Owner does not borrow funds for the Capital Improvement.
The annual amortized amount determined in accordance with this subsection shall be divided by
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ITEM 12.1. ATTACHMENT 2 twelve (12) and then divided equally among all spaces in the Park. Any Capital Improvement Pass Through shall be eliminated as a rent obligation at the conclusion of the amortization period. In the event the amortization schedules used by the U.S. Internal Revenue Service are repealed or no longer exist, Owner may use the amortization schedules in place on the effective date of this MOU.
c. Capital Replacements. The Owner may pass through to the Homeowners the amortized cost of any Capital Replacement in accordance with the following. (1) Prior to implementing any Capital Replacement Pass Through, except a Capital Replacement necessitated by an emergency, the Owner must provide the Homeowners with advance notice of the proposed Capital Replacement and an opportunity to comment on the need, design, and conduct of the work. The Mobile Home Park Owners will limit rent increases based on capital expenditures to the “replacement of existing improvements,” which cost in excess of $10,000. (2) The amount of any Capital Replacement Pass Through, including a Capital Replacement necessitated by an emergency, shall be determined by subtracting from the actual cost of the Capital Replacement any insurance proceeds, rebates, tax credits or warranty payments received by the Owner defraying the costs of the Capital Replacement and amortizing the remaining cost of the Capital Replacement plus interest at the actual rate of interest paid by the Owner for any financing associated with the Capital Replacement or if the Owner does not borrow funds for the Capital Replacement, at the Prime Rate over a minimum of ten (10) years. The annual amortized amount determined in accordance with this subsection shall be divided by twelve (12) and then divided equally among all spaces in the Park.
(3) Any Capital Replacement Pass Through shall be listed separately from the base rent on monthly rent billings and shall be eliminated as a rent obligation at the conclusion of the amortization period.
(4) Notwithstanding anything set forth above in this subsection (c), Owner shall be allowed a Capital Replacement Pass Through for Capital Replacements that were commenced and completed prior to the Effective Date, as long as (i) the Capital Replacement was completed no earlier than six (6) months prior to the Effective Date; (ii) the cost of the Capital Replacement has not already been passed through to the Homeowners; and (iii) the Capital Replacement Pass Through amount conforms to the requirements of subsection (c)(2) above. Owner shall list in Exhibit B any Capital Replacements that were completed prior to the Effective Date that meet the criteria of this Section.
d. Property Tax Increases. The Owner may pass through to the Homeowners the amount by which Property Taxes increase in any given fiscal tax year by more than two percent (2%) over and above the prior fiscal tax year Property Taxes, subject to the following. (1) A Property Tax Pass Through may be imposed in the amount of any Property Tax increase that exceeds two percent (2%) in a given fiscal tax year that is caused by an involuntary Property Tax reassessment including but not limited to a death of a person holding an ownership interest in the Park or as the result of any new general or special real estate property tax imposed by the
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ITEM 12.1. ATTACHMENT 2 City of Rancho Cordova, the County of Sacramento, or the State of California. (2) If the Park is sold to a third party pursuant to an arms-length transaction, the Owner may pass through to the Homeowners the increase in Property Taxes resulting from a reassessment of the Park upon such sale to the extent that such increase exceeds two percent (2%) in a given fiscal tax year, provided, however, the total amount of any Property Tax Pass Through resulting from a sale shall be phased in over five (5) years with equal increases each year until the full amount of the Property Tax Pass Through has been implemented, and shall thereafter continue at one hundred percent (100%).
(3) Owner shall not be entitled to any Property Tax Pass Through due to an increase in Property Taxes if triggered solely by an internal reorganization resulting in an event of "Change of ownership" unless such event occurs one year or more after the effective date of the MOU.
Property tax pass throughs memorialized in a long-term lease covenant shall remain protected and in effect.
(4) All Property Tax Pass Throughs shall be divided by twelve (12) and then shall be allocated equally among all spaces in the Park.
e. Emergency or Disaster Related Costs. Owner may pass through to the Homeowners any costs to repair damage to the Park arising from any Disaster Related Event in excess of the initial fifty thousand dollars ($50,000) of such costs, provided such costs are amortized in accordance with the procedure for amortizing Capital Replacements above and such costs are divided equally among all Spaces in the Park. Any Disaster Related Event costs passed through to the Homeowners shall be net of any insurance proceeds or disaster grants or assistance received by the Owner for such costs. Owner shall not be entitled to pass through to the Homeowners any Disaster Related Event costs unless the Owner has continued to maintain throughout the term of this MOU the types and amounts of property insurance in effect on the Effective Date, if those types and amounts of property insurance are commercially available throughout the term of this MOU, at the same price in effect on the Effective Date, adjusted each year by the increase in the CPI. If those types and amounts of property insurance are not commercially available throughout the term of this MOU, at the above-described price, Owner reserves the right, in its sole and absolute discretion, to purchase whatever property insurance it deems reasonable for the Park.
Owner shall disclose Owner's property insurance coverage to any Homeowner so requesting, provided however, no Homeowner shall be entitled to such disclosure more than once in any twelve-month period.
f. Requirements applicable to all Pass Throughs.
(1) No Pass Through shall be implemented unless Owner gives the Homeowners at least ninety (90) days written notice of the Pass Through including the calculations that serve as the basis for the Pass Through. The Owner shall also make available for the Homeowners' review at least one set of all documents related to the Pass Through, including bids, contracts, plans and other related documents either at the on-site manager's office and/or the park's clubhouse or community center during normal business hours during the ninety (90) day period following the notice of the Pass Through.
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ITEM 12.1. ATTACHMENT 2 (2) Pass Throughs shall be separately itemized in the monthly space rent bills. (3) Pass Throughs are additional Rent and shall be considered rent for purposes of the MRL, including Civil Code Sections 798.30 and 798.31.
7. RENT SUBSIDY PROGRAM FOR LOW INCOME TENANTS.
Owner agrees to implement a safety net program within the Park designed to provide relief from Annual Base Rent Increases and Pass Throughs to Homeowners that, due to financial circumstances, are unable to pay the increased Base Rent or Pass Throughs. The safety net program shall at a minimum provide relief from Annual Base Rent Increases and Pass Throughs to Homeowners pursuant to all of the following terms and conditions:
a. Any Homeowners with (i) a household income equal to or less than twice their monthly rent per month and (ii) less than $60,000 in assets, not including their mobile home or vehicles, shall be eligible to apply for the safety net program.
b. Subject to subsection c. below, qualifying Homeowners may receive a minimum rent credit for the amount of any rent increase that causes their monthly rent, including all Pass Throughs, to exceed one half (1/2) of their household income. For example, if a qualifying Homeowner’s rent is $1,000 per month, and the Annual Base Rent Increase is $50 per month, but the Homeowner’s income is only $1,800 per month, the Homeonwer’s Base Rent would be increased to $1,050, but the Homeowner would receive a $50 rent credit, meaning the Homeowner would only pay $1,000.
c. This program is limited to five percent (5%) of all Homeowners in each Park. In the event that more than five percent (5%) of Homeowners qualify in a given Park, then the Mobile Home Park Owner shall have option of providing priority to either (a) those households with the lowest income, or (b) those households who most recently qualified for the rent credit program.
Parkowners may choose to participate in an independent program in which a third party (e.g., MHET) is used to determine household eligibility to the program, and to process program applications;
d. Each individual household must submit an application verifying (a) income and (b) assets of less than $60,000, not including their mobile home or vehicles on a form given out by Mobile Home Park Owners. Each individual household that is accepted for the safety net program shall be required to reapply once every twelve months, such that the Owner can determine whether that household continues to qualify for the program. Participation in the safety net program shall terminate if the qualifying household no longer qualifies, or no longer resides at the Park. e. Items a. through d. are minimum requirements, to assist the neediest Homeowners at each park. Owner is free to establish more generous guidelines but cannot be required to do so.
Owner shall provide the City with information on the Owner's safety net program at the City's request. Nothing herein shall prevent Owner from offering a safety net program that serves Homeowners not meeting the qualifications stated herein or provides greater protections to
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ITEM 12.1. ATTACHMENT 2 Homeowners.
8. OWNER'S BUSINESS PRACTICES.
Each Owner hereby covenants with the City that the Owner will act in good faith in all the Owner's dealings with the Homeowners in the Park under this MOU. No Owner shall declare a Homeowner's Space abandoned or seek to terminate a Homeowner's tenancy for purposes of obtaining a Base Rent increase or a Pass Through in contravention of this MOU.
9. CONTINUED COMMUNICATION AND UPDATES.
Once each year Owners shall provide the City with a written report calculating any (a) Annual CPI Increases, (b) Capital Improvement Pass Throughs, and/or (c) Tax Property Pass Throughs at their park. The written report shall be detailed enough to determine appropriate rents on each individual space within the Park. That written report shall also address the number of residents participating in the Rent Subsidy Program for Low Income Tenants, including the percentage of spaces participating in the rent subsidy program. The City shall provide the Parkowners with the name, address or other contact information for submission of that written report. An Owner’s failure to comply with this reporting requirement shall be subject to the Resolution of Disputes procedures in paragraph 13 of this MOU.
10. CITY AS ENFORCEMENT AGENCY.
If any Owner fails to comply with the terms of this MOU, the City may initiate an action on behalf of the affected Homeowner or Homeowners to enforce the terms of this MOU. An affected Homeowner may provide written notice of any alleged breach of this Agreement to the Park Owner and copy the City; alternatively, an affected Homeowner may also contact the City directly to seek assistance in enforcing this Agreement.
11. EXCEPTION FROM RENT CONTROL ORDINANCES.
Provided that the Owner is not in material breach of this MOU, and during the period in which this MOU remains in effect, the City shall not enforce or impose the provisions of any City ordinance or regulation, with respect to the amount of rent charged by Owner for occupancy of any mobile home spaces or any City adopted rent stabilization ordinance, within the Park.
The City reserves the right to pass a mobile home rent control ordinance if any Park Owner is not in compliance with this Agreement.
12. COVENANTS RUNNING WITH THE LAND.
The obligations of the Owner contained within this MOU with respect to the Park are covenants running with the land to the benefit of the City and to each present or future Homeowner leasing any Space within the Park during the term of this MOU as an intended third-party beneficiary to this MOU. The parties intend that these covenants touch and concern the Park, and that they shall be binding upon the Owner and all successors, heirs, and assigns of the Owner with respect
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ITEM 12.1. ATTACHMENT 2 to the Park during the term of this MOU. This executed and notarized MOU shall be recorded in the Official Records of the Sacramento County Recorder's Office with respect to that real property legally described in Exhibit A. The obligations under this MOU and the covenants contained in this MOU shall terminate and cease to exist simultaneously with the termination of this MOU, at which time Owner may take any action allowed by law to remove or otherwise extinguish those covenants. The City shall cooperate in good faith to assist Owner in removing or otherwise extinguishing said covenants, including executing any documents that may be required by the Sacramento County Recorder’s Office to effectuate such a removal and/or extinguishment.
13. RESOLUTION OF DISPUTES.
a. Mediation. In the event any dispute arises between the Owner and City with respect to the enforcement of any provisions of this MOU, or between the Owner and any Homeowner who is an intended third party beneficiary with respect to the interpretation or enforcement of any provisions of this MOU, the party claiming a violation of the MOU shall give written notice to the other party specifying the nature of the dispute, and if the party claiming a violation of the MOU is a Homeowner, the Homeowner shall give written notice to both the Owner and the City.
If the issue raised in the written notice is not corrected within thirty (30) days of such notice, then the Owner and City agree that the parties will first try to resolve the dispute through mediation using a third-party City-provided mediator or neutral hearing officer. The parties shall resolve such dispute through mediation prior to filing any action or lawsuit or seeking judicial relief, unless doing so would cause any action or lawsuit to be barred by any applicable statute of limitations, in which case a protective action may be filed, without prejudice to the continuation of the mediation.
b. Resolution of Disputes Not a Waiver of Rights or Benefits. None of the rights, liabilities, or obligations of the Owner, City, Homeowner, or prospective Homeowner to one another shall be waived, suspended, or delayed pending the recommendations of a mediator, or other person designated to administer and make recommendations under any dispute resolution proceeding of this MOU. For example, the Homeowner remains obligated to pay the amount of any rents due, including the amount in dispute, during any dispute resolution proceeding.
14. GENERAL PROVISIONS.
a. Notices. All notices and other communications required or permitted under this MOU, unless otherwise expressly stated, shall be made in writing and shall be delivered to the party whom addressed by personal service or by deposit in any U.S. mail depositary, first class postage paid, and shall be deemed received: (1) if personally delivered, upon the date of actual receipt by the person to receive such notice, or (2) if mailed, two business days after the date of any proof of deposit in the United States mail. Notices to any Owner shall be given to the address for such Owner listed on Exhibit A. Notices to the City shall be given to the City of Rancho Cordova, 2729 Prospect Park Dr, Rancho Cordova, CA 95670, Attention: City Manager, with a copy of such notice sent to such address to the attention of the City Attorney. The address for delivery of notices may be changed by either party by giving notice to such change to the other party in accordance with this paragraph.
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ITEM 12.1. ATTACHMENT 2 b. Complete Agreement. This MOU shall: (1) constitute the parties' entire agreement, (2) merge all prior discussions and negotiations between the parties, and (3) supersede and replace all prior agreements and understandings, whether oral or written, with respect to the subject matter hereof.
c. Amendments. This MOU may not be amended, altered, or modified except by a writing signed by the City and the Owners, unless the amendment, alteration or modification impacts less than all of the Owners, in which case only the impacted Owner or Owners and the City must sign. d. Successors and Assigns. Except as provided in paragraph h below, this MOU shall be binding upon and inure to the benefit of the parties and their prospective successors and assigns. e. Severability. If any portion of this MOU shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining portions of this MOU shall remain in effect and enforceable to the fullest extent permitted by law, if such enforcement would not frustrate the overall intent of the parties as such intent is manifested by all provisions of this MOU. If the MOU or any portion of this MOU is held by a court of competent jurisdiction to be invalid, void, contrary to public policy, ultra-vires, or otherwise unenforceable (collectively, "Impairment") the City shall not be liable to the any Owner, any Homeowner, or any other party in law, equity, or in an action for damages for such Impairment. f. Extension Not a Waiver. The failure by any party or intended third party beneficiary to require strict performance of the obligations of another party to this MOU, or the failure to exercise or delay in the exercise of any power, remedy, or right provided in this MOU or otherwise available to any party or intended third party beneficiary, upon any failure of another party to perform the other party's obligations under this MOU, shall not be deemed a waiver and shall not impair or affect the right of such party or intended third party beneficiary to require strict performance and to exercise the power, remedy, or right on any other or subsequent occasion for the same or any other failure of the other party to perform its obligations under this MOU. g. Applicable Law. This MOU shall be construed in accordance with, and governed by, the law of the State of California. Nothing herein shall preclude any party from challenging any law, on its face, or as applied, on the ground that it violates the state or federal constitution. h. MOU Not Applicable to Resident-owned Parks. The MOU shall not apply to any resident- owned park. In the event the ownership of the Park to which this MOU applies is transferred to the residents of the Park, this MOU shall immediately and finally terminate with respect to the Park upon the effective date of the transfer of ownership. A "resident-owned" park shall mean a park in which fifty percent (50%) or more of the Spaces are owned by the residents of the park, directly or indirectly, through any means of devices.
i. Exhibits. Exhibits A and B are attached hereto and are incorporated herein by this reference. j. Execution in Multiple Counterparts. This MOU may be executed in multiple counterparts and becomes binding with respect to the City of Rancho Cordova and each Owner when originally
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ITEM 12.1. ATTACHMENT 2 signed by the City Manager of the City of Rancho Cordova and an authorized representative of the Owner and delivered to the City Manager of the City.
k. Enforcement of Rules and Regulations. Nothing in this MOU shall preclude Owner from enforcing the Park's rules and regulations that are not in conflict with this MOU.
Signatures on the following page
5275826.2
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ITEM 12.1. ATTACHMENT 2
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
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ITEM 12.1. ATTACHMENT 2
EXHIBIT B
CAPITAL REPLACEMENTS
CH
APTER 4.64 MOBILE HOME SPACE RENT STABILIZATION
4.64.010 S
hort Title & Applicability.
4.64.020 Definitions.
4.64.030 Exemptions.
4.64.040 Base Rent.
4.64.050 Annual Rent Increases.
4.64.060 Fair Return Rent Increases.
4.64.070 Method to Determine a Fair Return.
4.64.080 Procedures for Fair Return Application.
4.64.090 Temporary Rent Increases for Capital Replacements & Capital Improvements.
4.64.100 Time of Allowed Rent Increase/Adjustment.
4.64.110 Waivers.
4.64.120 Retaliation Prohibited.
4.64.130 Refusal of Mobile Home Owner to Pay Illegal Rent.
4.64.140 Disclosures.
4.64.150 Enforcement.
4.64.160 Administrative Fee.
4.64.010 Short Title & Applicability.
T
his Chapter shall be known as the “Mobile Home Space Rent Stabilization Ordinance.” This Chapter shall be applicable to all Mobile Home Spaces within the City of Rancho Cordova except those specifically exempted by this Chapter or state law.
4.64.020 Definitions.
F
or purposes of this Chapter, the following words, terms and phrases shall be defined as follows:
A. “Affected Mobile Home Owners” means those Mobile Home Owners whose Space Rent is affected by a Rent adjustment made pursuant to this Chapter.
B. “Base Rent” means the Rent in effect for that Space on February 1, 2021, as adjusted in accordance with this Chapter, or the new Base Rent established pursuant to Section 4.64.040.
C. “Base Year” means the 2021 calendar year or, if a Fair Return Application subsequently establishes a new Base Rent pursuant to this Chapter, the calendar year preceding the year the application is made for the new Base Rent that is established.
D. “Capital Improvement” means the installation of new improvements and facilities not including ordinary maintenance or repairs or Capital Replacement Costs. Capital Improvements are required to be amortized over the useful life of the improvements pursuant to the provisions of this Chapter and the United States Internal Revenue Code.
E. “Capital Replacement” means an improvement required to maintain the common facilities and areas of the Park in a decent, safe and sanitary condition or to maintain the existing level ITEM 12.1.
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of p
ark amenities and services. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a Capital Replacement. If it can be fully deducted in one year as a business expense, it does not qualify as a Capital Replacement.
F. “Capital Replacement Costs” means all costs reasonably and necessarily related to the planning, engineering and construction of Capital Replacement and shall include reasonable debt service costs, if any, incurred as a direct result of the Capital Replacement.
G. “Consumer Price Index or CPI” means the annual percentage change in the prices paid by urban consumers for a representative basket of goods and services. For purposes of this Ordinance, the consumer price index is defined as follows: All Urban Consumers, West Region, All Items, as published by the United States Bureau of Labor Statistics of the United States Department of Labor as measured in February of each year.
H. “Fair Return Application” means an application made to the City that seeks to increase Space Rents beyond the amount otherwise allowed by this Chapter.
I. “Hearing Officer” means an individual appointed by the City Manager to conduct a hearing or hearings pursuant to this Ordinance. The minimum qualifications of the Hearing Officer shall be as established by this Ordinance and the City Manager. A person shall not be appointed as a Hearing Officer if the City Manager determines that the person has an actual or potential conflict of interest in the matter or if such appointment would have the appearance of a conflict of interest in the matter.
J. “Legal Expenses” means reasonable attorney’s fees, expert witness’ fees, and legal costs.
K. “Mobile Home Residency Law” means the California Mobile Home Residency Law codified in California Civil Code Section 798 et seq. as now enacted and hereafter amended.
L. “Mobile Home” means a vehicle designed or used for human habitation, including those vehicles within the meaning of Mobile Home as set forth in Civil Code Section 798.3, when used as the principal place of habitation for the occupants thereof.
M. “Mobile Home Owner” means a person who is the owner of a Mobile Home and legally occupies the Mobile Home within a Mobile Home Park.
N. “Mobile Home Park” or “Park” means any area of land within the City of Rancho Cordova where two (2) or more mobile home spaces are rented, or held out for rent, for periods of thirty (30) days or longer to accommodate mobile homes used for human habitation.
O. “Mobile Home Space” or “Space” is the site within a Mobile Home Park intended, designed or used for the location or accommodation of a Mobile Home and any accessory structures or appurtenances attached thereto or used in conjunction therewith.
ITEM 12.1.
ATTACHMENT 3
P. “Mobile Home Park Owner” or “Park Owner” means the owner or operator of a Mobile Home Park, or its agent, representative, or designee.
Q. “Party” means any Affected Mobile Home Owner and/or Park Owner involved in proceedings under this Chapter.
R. “Prospective Mobile Home Owner” means a person who is in the process of negotiating a Space tenancy in a Mobile Home Park.
S. “Rent” means any consideration, including any bonus, benefit or gratuity demanded or received by a Park Owner for, or in connection with, the use or occupancy of a Mobile Home Space, or in connection with the assignment of a lease, or in connection with subleasing of a Space. Rent shall not include:
1. U
tility charges for sub-metered gas and electricity.
2. C
harges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to Mobile Home Owners solely on a cost pass-through basis and/or are regulated by state or local law.
3. A
ny amount paid for the use and occupancy of a Mobile Home unit (as opposed to amounts paid for the use and occupancy of a Mobile Home Space).
4. C
harges for laundry services.
5. S
torage charges.
T. “Rent Increase” means any increase in Base Rent charged by a Mobile Home Park Owner to a Mobile Home Owner.
U. “Rent Review Officer” means the City Manager or designee who shall serve as the Rent Review Officer to administer and enforce the provisions of this Ordinance.
4.64.030 Exemptions.
A. T
he following Mobile Home Spaces are exempt from the requirements of this Chapter, except where expressly provided otherwise:
1 . Spaces that are subject to a lease that exempts that Space from Rent regulation pursuant to the Civil Code section 798.17(b).
2. S
paces exempted pursuant to Civil Code section 798.45.
3 . Spaces that are not the principal residence of the Mobile Home Owner, and that are exempt pursuant to California Civil Code Section 798.21.
ITEM 12.1.
ATTACHMENT 3
4. S
paces that are otherwise exempt pursuant to applicable State or Federal law.
B. This Chapter shall not apply to Mobile Homes or Mobile Home Parks owned or operated by any governmental agency or any rental unit where Rent is subsidized pursuant to a public program that limits the Rent that can be charged for the Mobile Home.
C. Notwithstanding anything herein to the contrary, the Park Owner shall notify each Mobile Home Owner renting a Space that is exempt from this Chapter that such Space is exempt. Such notice shall state the basis for the exemption, be in writing, and shall be delivered at the same time and in the same manner as notices of a Rent Increase.
4.64.040 Base Rent.
A. Base Rent in 2021 for Non-exempt Spaces. Base Rent in 2021 for non-exempt Spaces means the Rent in effect for that Space on February 1, 2021, regardless of the Rent in effect upon the effective date of this Chapter. Except as provided in this Chapter, a Mobile Home Park Owner shall not demand, accept or retain Rent for a Mobile Home Space exceeding the Base Rent.
B. Base Rent Following Expiration of an Exempt Lease. Base Rent for a Mobile Home Space that becomes subject to this Chapter upon the expiration of an exempt lease shall be the Rent in effect under the exempt lease as of the date of its expiration.
C. Base Rent Following Tenancy Termination. A Park Owner shall be permitted to charge a new Base Rent for a Mobile Home Space following the termination of tenancy in accordance with the Mobile Home Residency Law or a voluntary Space vacancy. A voluntary Space vacancy is any of the following:
1. Voluntary in place sale, transfer or other conveyance of a Mobile Home with the Mobile Home remaining on the Mobile Home Space following the sale, transfer or conveyance, except as provided in Section E below.
2. Voluntary removal of a Mobile Home by the Mobile Home Owner who will no longer be a resident of the Park.
3. Abandonment of the Mobile Home as determined by a judgment of abandonment pursuant to Section 798.61 of the Mobile Home Residency Law.
D. Base Rent Following a Fair Return Application. Base Rent shall be the allowable Rent determined as a result of a Fair Return Application.
E. Prohibited Rent Increase. A Park Owner is prohibited from charging a new Base Rent in any of the following situations:
1. Transfer of title to the Mobile Home whereby the Mobile Home Owner adds or removes one or more co-owners and continues to reside in the Mobile Home as their primary residence shall not constitute an in-place transfer.
ITEM 12.1.
ATTACHMENT 3
2. Removal and replacement of an existing Mobile Home by t he Mobile Home Owner with another Mobile Home occupying the same Mobile Home Space.
3. Transfer of Title to the Mobile Home whereby title passes to one or more person(s) who, at the time of the title transfer was/were also lawful, authorized resident(s) of the Mobile Home.
4.64.050 Annual Rent Increases.
A. Annual Rent Increase. Starting in 2022, on or after July 1 of each year, a Mobile Home Park Owner may impose a Rent Increase for a Mobile Home Space that shall be no greater than the lesser of: i) the annual percentage change in CPI, or ii) five percent (5%), except as otherwise permitted by this Chapter. Such Rent Increase may be imposed once in any twelve (12) month period.
B. Compliance with State Law. Rent Increases permitted pursuant to this Section shall not be effective and shall not be demanded, accepted, or retained until the Park Owner has given the notice required by state law.
4.64.060 Fair Return Rent Increases.
A.
A Park Owner has the right to obtain a Rent Increase to maintain net operating income (“MNOI”) equal to the Base Year net operating income adjusted by the percentage increase in the CPI since the Base Year. It shall be presumed this standard provides a fair return. Nothing in this Chapter shall preclude the Hearing Officer from granting a Rent Increase that is necessary in order to meet constitutional fair return requirements.
B.
If a Park Owner presents evidence, including any financial records requested by the Hearing Officer, which proves that the Park Owner is denied a fair return by the provisions of this Chapter, the Hearing Officer may authorize an increase in Rent, as deemed appropriate by the Hearing Officer, to provide a fair return to the Park Owner. The Hearing Officer shall use the method set forth in this Chapter to determine the fair return.
4.64.070 Method to Determine a Fair Return.
A. Maintenance of Net Operating Income. It shall be presumed that the net operating income produced by the Park during the Base Year provided a fair return. A Park Owner shall be entitled to Rents sufficient to earn a fair and reasonable return and to maintain and increase the Base Year net operating income in accordance with this Section. This method shall be called maintenance of net operating income (“MNOI”) and shall be included in all Fair Return Applications.
B. Calculation of Net Operating Income.
1. Net Operating Income. Net operating income shall be calculated by subtracting ITEM 12.1.
ATTACHMENT 3
oper
ating expenses from gross rental income.
2. Gross Rental Income.
a. Gross rental income shall include the following:
i. G
ross Rents collected for all of the Spaces in the Park. ii. A
ll other income or consideration received or receivable in connection with the use or occupancy of the Rental Unit, except as excluded below. b. G
ross rental income shall not include the following:
i. U
tility charges for submetered gas and electricity.
i
i. Charges for water, refuse disposal, sewer service, and/or other services which are either provided and charged to Mobile Home Owners solely on a cost pass- through basis and/or are regulated by state or local law. i
ii. Any amount paid for the use and occupancy of a Mobile Home unit (as opposed to amounts paid for the use and occupancy of a Mobile Home Space).
iv. C
harges for laundry services.
v. S
torage charges.
v
i. Rental Income from Spaces exempted from Rent limitation by state law or this Chapter.
3. Operating Expenses.
a. Operating expenses shall include the following:
i
. Reasonable costs of operation and maintenance.
i
i. Management expenses. It shall be presumed that management expenses increase by the percentage increase in Rents or the CPI, whichever is greater, between the Base Year and the prior year unless the level of management services has either increased or decreased significantly between the Base Year and the prior year.
iii. U
tility costs.
iv. R
eal property taxes attributable to the applicable year, regardless of when actually paid.
ITEM 12.1.
ATTACHMENT 3
v
. License and registration fees required by law to the extent these expenses are not otherwise paid or reimbursed by Mobile Home Owners.
vi. Legal Expenses incurred (1) in connection with successful good faith attempts to recover Rents owed, (2) pursuit of rights under or in relationship to this Chapter, and (3) under unlawful detainer actions not in derogation of applicable law and, when incurred in the normal operation of the Park, to the extent such expenses are not recovered from adverse or other parties.
viii. Interest Allowance on Amortized Expenses. The interest rate on the cost of the amortized expense shall not exceed the “average rate” for 30- year fixed rate home mortgages plus two percent. 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.
b. Exclusions from Operating Expenses. Operating expenses shall not include the following:
i. Mortgage principal or interest payments or other debt service costs.
ii. Penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or other provisions of law.
ii. Depreciation.
vi. Any expenses for which the Park Owner has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, or any other method or device.
vii. Unreasonable increases that deviate substantially from the historical average increase in expenses since the base year.
viii. Expenses associated with the provision of master-metered gas and electricity services.
ix. Expenses attributable to unreasonable delays in performing necessary maintenance or repair work or the failure to complete necessary replacements.
x. Expenses attributable to a Park-owned Mobile Home.
ITEM 12.1.
ATTACHMENT 3
xi. E
xpenses attributable to Spaces exempt from Rent limitations by state law or this Chapter shall be excluded, for the purpose of determining applicable rents for non-exempt spaces, by reducing the total allowed operating expenses by the amount attributable to exempt spaces. xi
i. Any other expense not directly related to the operation of the Park.
C. Adjustment of Base Year Net Operating Income. The Park Owner or any Mobile Home Owner may present evidence to rebut the presumption of fair return based upon the base year net operating income as set forth in subsection (B) of this section based on at least one (1) of the following findings:
1. E
xceptional Expenses in the Base Year. The park owner's operating expenses in the base year were unusually high or low in comparison to other years notwithstanding the application of prudent business practices.
2. E
xceptionally Low Rent in the Base Year. The gross income during the base year was disproportionately low due to exceptional circumstances.
3. Other exceptional circumstances.
D. Rent Increase Effective Date. Rent Increases approved by the Rent Review Officer shall be effective on the date given by the applicant in the notice to the Affected Mobile Home Owners required in section 798.30 of the California Civil Code.
E. Per Space Rent Adjustment Pursuant to Fair Return Standard. The allowable Rent Increase per Mobile Home Space pursuant to this Section may not be increased as a result of exempt Spaces in the Park.
4.64.080 Procedures for Fair Return Application.
A. Filing of Application. Fair Return Applications shall be submitted to the City by the Park Owner on forms prescribed by the Rent Review Officer. Only one (1) application pursuant to this section may be filed for a Mobile Home Park within any 12-month period, except in the event of extraordinary circumstances that could not reasonably have been foreseen at the time the prior application was filed. The Rent Review Officer may require a Fair Return Application to contain any information as he or she deems relevant.
B. Determination that Application is Complete. Within sixty (60) days after filing a Fair Return Application, the Rent Review Officer will determine if it is complete. An application will be considered complete only if and when any required fees have been paid. If the application is incomplete, the Rent Review Officer will inform the applicant in writing as to what additional information is required. Within 45 days of the applicant’s submittal of requested additional information or fees, the Rent Review Officer shall determine whether the application is complete and notify the applicant of the Rent Review Officer’s determination. This process shall continue ITEM 12.1.
ATTACHMENT 3
un
til the Rent Review Officer issues a written notice advising the applicant that the application is complete.
C. Appointment of Hearing Officer. Upon the Rent Review Officer’s determination that the Fair Return Application is complete, the City Manager shall appoint a Hearing Officer to consider the application. The City Manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the City Manager may appoint, employ or who are retained by contract to conduct such hearings. The City Manager may authorize the Hearing Officer to retain experts to assist the Hearing Officer in reviewing the Application.
D. Time of and Scheduling of Hearing. A hearing on the application shall commence within sixty (60) days of the date the application is deemed complete by the Rent Review Officer, unless the Hearing Officer determines that good cause exists for an extension.
E. Notice. Notice of the hearing shall be sent to the Park Owner at least thirty (30) days before the date of the Hearing. The Park Owner shall send notice to all Affected Mobile Home Owners at least twenty-five (25) days prior to the date of the Hearing. Such notice shall be on a form subject to approval by the Rent Review Officer. The supporting documents for the application or petition shall be available for review at the Park’s office.
F. Hearing Procedures. The hearing shall be conducted in accordance with such rules and regulations as may be promulgated by the City Council, if any, and any rules and procedures established by the Hearing Officer. The hearing procedures shall ensure that the Park Owner and Affected Mobile Home Owners have an equal opportunity to make a presentation regarding the Application. The Affected Mobile Home Owners may designate an individual to collectively represent all Affected Mobile Home Owners or Affected Mobile Home Owners may speak individually. A Party may, but is not required to, be represented by legal counsel at the hearing.
The rules of evidence shall not be binding in the hearing. Hearsay evidence and any and all other evidence which the Hearing Officer deems relevant may be admitted and considered. The Hearing Officer may grant continuances from time to time for good cause shown, or upon his or her own motion. A recording of the proceedings shall be made or arranged by the Hearing Officer in a format that is made easily available, upon request, within thirty days of the conclusion of the hearing.
G. Requests for Additional Information. Prior to or during the Hearing, the Hearing Officer may request any additional information from the Park Owner the Hearing Officer determines is relevant. Affected Mobile Home Owners may also submit any information to the Hearing Officer they think is relevant to the application.
H. Decision. The Hearing Officer shall issue a written decision within thirty (30) days of the hearing date. The Rent Review Officer shall mail hardcopies of the Hearing Officer’s decision to the Park Owner and all Affected Mobile Home Owners within seven (7) calendar days of the City’s receipt of the Hearing Officer’s written decision. The decision shall be emailed to the Park Owner’s and Mobile Home Owners’ representatives as soon as possible after the decision is received by the City.
ITEM 12.1.
ATTACHMENT 3
I. Required Findings in Fair Return Decision: Any Rent adjustment decision pursuant to this Chapter that approves a fair return rent increase shall include a determination that the Park Owner would be denied a fair return according to the method in this chapter and shall include findings made by the Hearing Officer.
J. Conditions for Allowance or Disallowance of Rent Increase: The allowance or disallowance of any proposed Rent Increase or portion thereof may be reasonably conditioned in any manner necessary to effectuate the purposes of this Chapter.
K. Standard of Review. The Park Owner shall bear the burden of proof, by a preponderance of the evidence, on all issues necessary to the granting of the Park Owner’s application.
4.64.090 Temporary Rent Increases for Capital Replacements & Capital Improvements.
A. Capital Improvement. A Park Owner may charge to the affected Mobile Home Owner as additional rent the pro rata share of new service and Capital Improvement Costs including reasonable financing costs if the following requirements are met:
1. T
he Park Owner shall give notice of the proposed pass-through to each affected Mobile Home owner no later than forty five (45) days prior to commencing the capital improvement work; and
2. U
pon a petition signed by one adult Mobile Home Owner from more than fifty percent (50%) of the Spaces subject to rent control in a Park and filed with the Rent Review Officer within thirty (30) days of the date the owner gives notice of the pass-through to every affected Mobile Home owner.
B. Capital Replacement. A Park Owner may charge to the Mobile Home owner as additional rent the pro rata share of Capital Replacement Costs including reasonable financing costs, if not otherwise prohibited by law, subject to the following procedure:
1. The Park Ow ner shall give notice of the proposed pass-through to each Affected Mobile Home Owner prior to or in no case later than twelve (12) months after completion of the Capital Replacement work. The Capital Replacement Notice shall state the proposed Capital Replacement, the amortization schedule including interest for the project, the amount and duration of the temporary Rent Increase proposed, and the address for submitting objections to the proposed pass-through.
2. In the event that one adult household member from more than fifty percent (50%) of the Affected Mobile Home Spaces do not submit an objection to the proposed Capital Replacement in writing within thirty (30) days after the delivery of the Capital Replacement Notice, the proposed pass-through is approved. The Park Owner shall keep a record of all objections received.
ITEM 12.1.
ATTACHMENT 3
3. In the event that one adult household member from more than fifty percent (50%) of the Affected Mobile Home Spaces submits an objection to the proposed Capital Replacement in writing within thirty (30) days after the delivery of the Capital Replacement Notice, the Park Owner shall submit an application to the Rent Review Officer for the proposed temporary rent increase. The Rent Review Officer may request any additional information or documentation he or she determines is necessary to review the application. The complete application shall be reviewed by the Rent Review Officer and approved, rejected or modified. The Rent Review Officer may disallow or decrease the pass-through for Capital Replacements based upon substantial evidence in the record that the Capital Replacement is not necessary, or that the cost of the Capital Replacement is excessive, or that during the pass-through period, the owner is including an unreasonably high financing cost and/or return on the expense being passed through. The Park Owner shall have the burden of proving the necessity for and reasonable cost of the Capital Replacements. The Rent Review Officer may also extend the amortization period for the Capital Replacement. The Rent Review Officer shall notify the Park Owner of the decision in writing. The Park Owner may appeal the decision of the Rent Review Officer to a Hearing Officer, who shall hear the appeal pursuant to the procedures in Section 4.64.090. Any appeal must be submitted to the City within ten days of mailing of the Rent Review Officer’s decision.
C. No temporary Rent Increase granted pursuant to this Section shall become effective until the first full calendar month following the completion of the Capital Improvement or Capital Replacement project. A Rent Increase approved pursuant to this Section shall be itemized separately on the rental billing provided to the Affected Mobile Home Owners and shall terminate upon the conclusion of the applicable amortization period.
D. Nothing in this Section shall prevent the Park Owner from making emergency Capital Replacements required as a result of a disaster or other emergency event to preserve or secure the health, safety, or welfare of persons or property. In such event, the Park Owner may make limited and reasonable Capital Replacements required to protect the public health and safety and to limit further damage to the Park, and to thereafter or simultaneously seek a Rent adjustment for such Capital Replacement pursuant to this section.
4.64.100 Time of Allowed Rent Increase/Adjustment.
A. Once within a twelve (12) month period, the Park Owner may implement a CPI Rent adjustment as authorized in this Chapter.
B. The following Rent Increases or adjustments, as authorized by this Chapter, may be implemented at any time during the year:
1. Government mandated expense pass-throughs;
2. Utility pass-throughs;
3. Capital Improvement Cost pass-throughs;
ITEM 12.1.
ATTACHMENT 3
4. In
-place transfer Rent Increases.
C. R
ent Increases subject to approval by the Rent Review Officer or Hearing Officer shall be implemented after final determination.
4.64.110 Waivers.
A. A
ny waiver or purported waiver by a Mobile Home Owner of rights granted under this Chapter shall be void as contrary to public policy. It shall be unlawful for a Park Owner to require or attempt to require as a condition of tenancy in a Mobile Home Park a Mobile Home Owner or a prospective Mobile Home Owner to waive in a lease or rental agreement or in any other agreement the rights granted to a Mobile Home Owner by this Chapter.
4.64.120 Retaliation Prohibited.
I
t shall be unlawful for a Park Owner to evict or otherwise retaliate against a Mobile Home Owner in any manner because of the Mobile Home Owner’s assertion or exercise of rights under this Chapter.
4.64.130 Refusal of Mobile Home Owner to Pay Illegal Rent.
I
t shall be unlawful for a Park Owner to demand, accept, receive, or retain Rent in excess of the amounts authorized by this Chapter. An Affected Mobile Home Owner may refuse to pay any Rent in excess of the maximum Rent permitted by this Chapter. The fact that such unpaid Rent is in excess of the maximum Rent shall be a defense in any action brought to recover possession of a Mobile Home Space for nonpayment of Rent or to collect the illegal Rent.
4.64.140 Disclosures.
A
Park Owner shall disclose to each prospective Mobile Home Owner the proposed Base Rent for the Mobile Home Space, any rental agreement options, and provide each prospective Mobile Home Owner a copy of this Chapter. If the prospective Mobile Home Owner will be renting a Space exempt from this Ordinance pursuant to Section 4.64.030, the Park Owner shall also notify the prospective Mobile Home Owner in writing of such exemption and state the basis for the exemption. The Park Owner shall give the required disclosure at the time that the Park Owner, or Owner’s representative, receives the prospective Mobile Home Owner’s application for tenancy. The Park Owner shall obtain a signature of the prospective Mobile Home Owner on the disclosure form acknowledging receipt of the disclosures. The Park Owner shall retain the signed disclosure form throughout the entire tenancy of the Mobile Home Owner.
4.64.150 Enforcement.
A.
The City may enforce a violation of this Chapter pursuant to Section 1.01.190 of this Code. Upon request by the City, the Park Owner shall provide the City with all records required to be maintained by this Chapter as well as the amount of the Base Rent and current rent for any Space in the Park.
ITEM 12.1.
ATTACHMENT 3
B. An A
ffected Mobile Home Owner and/or Park Owner may enforce this Chapter by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees.
4.64.160 Administrative Fee.
T
he City Council may establish, by resolution, a fee to cover the City’s costs of administering and implementing this Ordinance. A Park Owner who is subject to such fee may pass through up to fifty percent (50%) of the fees assessed against a Mobile Home space to the Mobile Home Owner, subject to any notification requirements established by the City Council. 5040445.1
ITEM 12.1.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 12.2.
DATE: March 20, 2023
TO: Honorable Mayor and Council Members
FROM: Micah Runner, City Manager
Megan Siren, Senior Management Analyst
SUBJECT: NAMING OF A ROOM LOCATED AT THE RANCHO CORDOVA
YOUTH CENTER
RECOMMENDATION
The Naming Committee recommends that the City Council approve the re-naming of the Recreation/Game Room at the Rancho Cordova Youth Center to honor both retired City Manager Cyrus Abhar and Bishop Lovelace, Jr.
RESULT OF RECOMMENDED ACTION
Based on the direction from City Council, the name of the Recreation/Game Room at the Rancho Cordova Youth Center may be re-named to honor Cyrus Abhar and Bishop Lovelace, Jr.
BACKGROUND
At the December 19, 2022, City Council meeting, Council Member Terry requested that the City recognize and honor retired City Manager Cyrus Abhar for his dedication to the youth of the community by naming a room at the Rancho Cordova Youth Center after him.
The City Council established and approved a process for naming of public facilities and streets on September 19, 2022. The process as approved for naming of facilities and major streets requires:
1. Recommendation by the naming committee based on the established criteria; and
2. Full Council approval of any name
The main criteria for naming public facilities and major streets include the following:
• Substantial contribution to Rancho Cordova (Volunteer)* • Substantial contribution to Rancho Cordova (Professional) • From Rancho Cordova with national accomplishments
• Connection to the facility being named
The current Naming Committee consists of Mayor Budge and Vice Mayor Sander. The naming committee met and is recommending to the City Council that the main open room currently
City Council Staff Report - Page 2 of 2
referred to as the Recreation/Game Room at the Rancho Cordova Youth Center be re-named honoring both Cyrus Abhar and Bishop Lovelace, Jr. for their combined dedication and contribution to the Rancho Cordova Youth Center.
If approved, staff will prepare a dedication plaque and photo to be located in the room to honor both Cyrus Abhar and Bishop Lovelace, Jr. in perpetuity.
FISCAL IMPACT AND FUNDING SOURCE
Funding for a plaque and photo for the re-naming of the room at Rancho Cordova Youth Center will be funded by the General Fund.
ATTACHMENT(S)
None
City Council Staff Report – Page 1 of 2
MEMORANDUM
ITEM 12.3.
DATE:March 20, 2023
TO:Honorable Mayor and Council Members
FROM:Arlene Granadosin-Jones, AICP, Senior Planner
SUBJECT: MINE SHAFT DIGITAL FREEWAY SIGNS DISCUSSION
RECOMMENDATION
No formal action will be taken. Staff is seeking input on proposed digital freeway signs on the Mine Shaft property.
RESULT OF RECOMMENDED ACTION
No formal action will be taken. Staff is seeking input on proposed digital freeway signs on the Mine Shaft property.
BACKGROUND
The Digital Freeway Signs overlay section of the City of Rancho Cordova Municipal Code regulates the installation and use of digital freeway signs within designated overlay zones. The overlay zones are established to protect residential areas from the negative impacts of digital freeway signs, such as excessive glare or light pollution.
City staff has received a proposal for two digital freeway signs on the Mine Shaft property, which is located within the Digital Freeway Signs Overlay. The proposed project was presented to the Signs Ad Hoc Committee on January 18, 2023. Committee members discussed the proposal and provided comments, however there was no consensus on key components of the proposed project, including number of signs, size, and height. Before the applicant begins the environmental analysis for the proposed project, staff requests feedback from Council to provide direction on changes to the proposed project, if any. This will help ensure that the subsequent environmental analysis evaluates a project that takes into consideration any Council concerns.
Table 1 provides a summary of the development standards for digital freeway signs. At the applicant’s request, the City and applicant may enter into an operating agreement in conjunction with a conditional use permit for a digital freeway sign. The operating agreement outlines the requirements of installation, ownership, maintenance, standards, use rights, utilities, etc. The applicant may also use the operating agreement to deviate from the development standards and requirements.
City Council Staff Report – Page 2 of 2
Table 1: Development Standards for Digital Freeway Signs Standard Requirement
Number of Faces Two display areas, each positioned to be visible only by opposing directions of traffic
Maximum Height 60 feet
Maximum Area 672 square feet
Distance between Signs Minimum 2,500 feet
Message Display Static messages only
Billboard Removal For every 1 digital freeway sign installed, the applicant must remove at least 4 legally existing billboard structures As proposed, the project requests deviation from the maximum area and maximum height standards as outlined in Table 1. Through the operating agreement, the applicant also requests deviation from the billboard removal requirement. The proposed project will remove one existing Clear Channel sign currently located on the Mine Shaft property. Site plans and elevations are provided in Attachment 1.
Rancho Cordova Parkway/U.S. Hwy 50 Interchange Project
During the Ad Hoc Signs Committee meeting and subsequent meetings between the applicant and City staff, clarification regarding the proposed project’s potential impacts on the Rancho Cordova Parkway/U.S. Hwy 50 Interchange Project were discussed. Issues/concerns discussed include:
•Potential conflicts with interchange construction staging area with the proposed west sign location.
•Timing of tree removals identified in interchange project to provide more visibility for proposed east sign location.
Issues/Topics for Discussion
City staff is requesting feedback on the following issues/topics:
•Proposed number of signs,
•Proposed maximum height of the signs,
•Proposed maximum area/size of the signs, and
•Other Council concerns and questions
ATTACHMENT(S)
1. Proposed Digital Freeway Signs - Site Plan and Elevations
2. Mine Shaft Digital Freeway Signs PowerPoint Presentation
ITEM 12.3.
ATTACHMENT 1
ITEM 12.3.
ATTACHMENT 1
ITEM 12.3.
ATTACHMENT 1
ITEM 12.3.
ATTACHMENT 1
ITEM 12.3.
ATTACHMENT 1
ITEM 12.3.
ATTACHMENT 1
ITEM 12.3.
ATTACHMENT 1
1 Mine Shaft
Digital Freeway Signs Discussion
CityOfRanchoCordova.org
Arlene Granadosin-Jones, AICP , Senior Planner
March 20, 2023
ITEM 12.3.
ATTACHMENT 2
2 Digital Freeway Signs Overlay
• Digital Freeway Signs overlay
section regulates the
installation and use of digital
freeway signs within
designated overlay zones
• Established to mitigate the
negative impacts of digital
freeway signs, such as
excessive glare or light
pollution
ITEM 12.3.
ATTACHMENT 2
3 Proposed Project
Douglas 98
• Proposal for two digital freeway signs on the Mine Shaft property, which is located within the Digital Freeway Signs Overlay. • Presented to the Signs Ad Hoc Committee on January 18, 2023. ➢ Committee members discussed the proposal and provided comments, however there was no consensus on key components of the proposed project, including number of signs, size, and height.
• Before the applicant begins the environmental analysis for the proposed project, staff requests feedback from Council to provide direction on changes to the proposed project, if any.
ITEM 12.3.
ATTACHMENT 2
4 Development Standards
Standard Requirement
Number of Faces Two display areas, each positioned to be visible only by opposing directions of traffic
Maximum Height 60 feet
Maximum Area 672 square feet each display area
Distance between
Signs
Minimum 2,500 feet
Message Display Static messages only
Billboard Removal For every 1 digital freeway sign installed, the applicant must remove at least 4 legally
existing billboard structures
ITEM 12.3.
ATTACHMENT 2
5 Proposed Project Details
Douglas 98
ITEM 12.3.
ATTACHMENT 2
6 Proposed Project Details
Douglas 98
WEST SIGN
EAST SIGN
ITEM 12.3.
ATTACHMENT 2
7 Proposed Project Details
Douglas 98
ITEM 12.3.
ATTACHMENT 2
8 Proposed Project Details
Douglas 98
ITEM 12.3.
ATTACHMENT 2
9 Operating Agreement
Douglas 98
• At the applicant’s request, the City and applicant may enter into an operating agreement in conjunction with a conditional use permit for a digital freeway sign.
➢ Outlines the requirements of installation, ownership, maintenance, standards, use rights, utilities, etc.
➢ Applicant may also use the operating agreement to deviate from the development standards and requirements.
• As proposed, the project requests deviation for the following:
➢ Maximum area (Proposed= 1,200 SF on each face)
➢ Maximum height (Proposed 70 feet on west sign; East sign meets current maximum height standard of 60 feet)
➢ Removal of existing billboards (Proposed removal of one existing Clear Channel sign currently located on the Mine Shaft property) ITEM 12.3.
ATTACHMENT 2
10 Rancho Cordova Parkway/US 50 Interchange Project
• Potential conflicts with interchange construction staging area with the proposed west sign location.
➢ The applicant has shifted the western sign approximately 150’ west of the interchange project
• Timing of tree removals identified in interchange project to provide more visibility for proposed east sign location.
ITEM 12.3.
ATTACHMENT 2
11 Discussion Topics
City staff is requesting feedback on the following issues/topics:
• Proposed number of signs,
• Proposed maximum height of the signs,
• Proposed maximum area/size of the signs, and
• Other Council concerns and questions
ITEM 12.3.
ATTACHMENT 2
12CityOfRanchoCordova.org
End of Presentation
Thank you
ITEM 12.3.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 12.4.
DATE: March 20, 2023
TO: Honorable Mayor and Council Members
FROM: Stacy Leitner, City Clerk
SUBJECT: DISCUSSION REGARDING EXPANDING THE 2023 COUNCIL
MEMBER APPOINTMENTS TO REGIONAL BOARDS,
COMMISSIONS, AND COMMITTEES TO INCLUDE TWO
APPOINTMENTS TO THE CORDOVA RECREATION AND PARK
DISTRICT AD-HOC COMMITTEE
RECOMMENDATION
Discuss and confirm two Council Member appointments to the Cordova Recreation and Park District Ad-hoc Committee.
RESULT OF RECOMMENDED ACTION
A nomination and motion would be made to appoint two City Council Members to the Cordova Recreation and Park District Ad-hoc Committee. This additional Ad-hoc Committee will assist the City in continuing to collaborate with agencies and to serve in leadership roles throughout the region.
BACKGROUND
Each year Council Members discuss and determine appointments to serve on various advisory boards in the community to ensure that the City has representation within the region. By discussing and confirming their appointments annually, the members of the Council are committing their time to serve in these important leadership roles.
At the January 3, 2023 City Council meeting, the City Council did discuss and approve Council Member Appointments to Regional Boards, Commissions, and Committees for 2023. Since that time, the City has received a request from Cordova Recreation and Park District to meet with two City Council Members to further our collaboration efforts on future planning. The City can request the formation of an Ad-hoc Committee, which is designed to serve only for a limited purpose.
FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact.
ATTACHMENT(S)
1. City Council Boards Commissions and Ad-hoc Committee Appointments Proposed
1 City Council Appointments
Name Meeting Schedule 2023
Sacramento Area Council of Governments (SACOG)/Capitol
Valley Regional SAFE
• Airport Land Use Commission
3rd Thursday
of the month from
9:30 – 11:30 a.m.
Sander
Alt: Terry
Sacramento Regional Transit District 2nd and 4th Monday of the month at 5:30
p.m.
Budge
Alt: Sander
Sacramento Transportation Authority 2nd Thursday of the month at 1:30 p.m.
Terry
Alt: Pulipati
Capital SouthEast Connector Joint Powers Authority Last Friday of the month from 8:30–
10:30 a.m.
Gatewood
Pulipati
Sacramento Placerville Transportation Corridor Joint Powers Quarterly at 9:30 a.m.
Sander
Alt: Budge
Sacramento Metropolitan Air Quality Management District 4th Thursday of the month at 9:00 a.m.
Terry
Alt: Pulipati
ITEM 12.4.
ATTACHMENT 1
2 City Council Appointments - Continued
Name Meeting Schedule 2023
Sacramento Area Sewer District 2nd and 4th Wednesday
of the month at
9:30 a.m.
Sander
Alt: Gatewood
Regional San
• Sacramento County Sanitation Districts
Financing Authority
• Sacramento Regional County Sanitation District
2nd and 4th Wednesday
of the month at
9:30 a.m.
Sander
Alt: Gatewood
Sacramento Metro Cable Television Commission March, June, September, and December
1st Thursday at 2:30 p.m.
Pulipati
Gatewood
Sacramento-Yolo Mosquito and Vector Control District 3rd Tuesday of the month at 10:00 a.m.
McGarvey
Alt: Sander
South Sacramento Habitat Conservation PlanAdvisory
Board
Last Monday of every other
month at 11:30 a.m.
Budge, Gatewood
Alt: Terry, Pulipati
ITEM 12.4.
ATTACHMENT 1
3 City Council Appointments - Continued
Name Meeting Schedule 2023
Greater Sacramento Economic Council Monthly Designee: Sander Sacramento Local Agency Formation Commission 1st Wednesday of the month at 5:30 p.m.
Sacramento Public Library Authority Governing Board 4th Thursday of the month at 3:00 p.m.
Gatewood
Alt: Budge
Lower American River Conservancy Program Advisory
Committee
As Needed Terry
Alt: Gatewood
NLC Postsecondary Education Team Monthly Terry, Sander
Folsom Lake College Philanthropy Council Monthly Pulipati City Selection Committee of Sacramento County As Needed Mayor Sacramento County Criminal Justice Cabinet Meetings Quarterly January/April/July/October
Appointee: Mayor
Designee: Chief of Police
ITEM 12.4.
ATTACHMENT 1
4 City Council Appointments - Continued
Name Meeting Schedule 2022 2023
Sacramento Homeless Policy Council Active Terry Terry
ITEM 12.4.
ATTACHMENT 1
5 City Council Ad-hoc Committee Appointments
Name 2023
Sacramento County (M/VM) Budge, Sander
Elk Grove Unified School District Pulipati, Terry
Folsom Unified School District Sander, Terry
Sacramento City Unified School District Terry, Gatewood Golden State Water Gatewood, Budge
Sac Metro Fire Gatewood, Budge
SMUD Gatewood, Terry
City of Rancho Cordova Asset Naming Committee Budge, Sander City of Rancho Cordova Investment Committee Gatewood, Sander Mobile Home Committee Terry, Gatewood
Gateway Signage Committee Sander, Budge
ITEM 12.4.
ATTACHMENT 1
6 City Council Ad-hoc Committee Appointments
Name 2023
Nonprofit COVID-19 Recovery and Support Gatewood, Pulipati Growing Strong Neighborhoods Sander, Terry
Cordova Recreation and Park District
ITEM 12.4.
ATTACHMENT 1