HomeMy WebLinkAbout1981-02-28; City Council; 6410-4; Mobile Home Park Rent MoratoriumM CITY OF CARLSBAD
•.A T,L h:,i �yl.Q .' initial:
Dept.Fd.
ERR iARY 2R„ 1 9R1 _ C. Atty..__..____
DEP7:: T1,1ENT : __ CI1y MANAGER L C . Mgr .
5nbjuc:t: MOBILE HOME PARK RENT MORATORIUM
Statement of the Matter.
On September 16, 1980, the Council received a petition signed by 1400
persons requesting the City to impose a moratorium on rents in mobile
home parks and to appoint a commission to draft an ordinance to regulate
relationships between mobile home park and unit owners.
Council referred petition to City Manager and requested a report in 30
days.
On October 28, 1980, the Council adopted Ordinance No. 9565 imposing a
60-day moratorium on rent increases in four mobile home parks in Carlsbad.
Council also adopted a motion requesting each mobile home park to appoint
a negotiating committee to attempt to solve rental disputes by Janu=
ary 1, 1981.
In addition Council directed City Attorney to prepare an ordinance
establishing a negotiation -arbitration procedure for mobile home parks.
At the October 28 Council meeting reports from the City Attorney's office
and the City Housing office reviewed pertinent facts concerning rent
regulations in mobile home parks.
On December 16, 1980, a public hearing was held to consider the ordinance
drafted by the City Attorney. At that hearing testimony was presented
indicating that two mobile home parks had resolved the rental disputes
(Solamar and Lanikai Lane); Rancho Carlsbad Park had entered into an
agreement to negotiate and arbitrate the dispute; and Lakeshore Gardens
had not resolved the problem.
Testimony was also presented indicating that the majority of mobile
homeowners still favored a city regulatory ordinance but they were riot
supportive of the ordinance drafted by City Attorney.
On December 16, 1980, the Council adopted Ordinance 9572 extending the
moratorium to February 28, 1981. The Council also directed the City
Attorney to revise the regulatory ordinance -and directed_the'City Manager
to continue efforts to bring about a voluntary agreement within each
park to establish negotiation -arbitration procedure to resolve dis-
putes.
On January 20, 1981, a petition was filed with the City Council by ,
the mobile home owners of Lanikai Lane asserting that a dispute
exists in that park and asking the Council to include Lanikai Lane
in the moratorium. The Council denied the request based upon testi-
mony that rental increases had already gone into effect on January 1,1981
and that the alleged dispute concerned matters other than a general rent
increase.
February 28,
1981
,., Agenda
i
Bill No 4410 �y
Mobile Home
Park Re Moratoriuftt
Rage 2
Stlatement of the Matter (Con't.)
On February 3.0, 1981, the Council rejected a recommendation from the
City Manager and City Attorney to extend the moratorium to April 10,1981
in order to allow an ordinance to be adopted and become effective.
The Council at that time scheduled a meeting for February 28 for a
final resolution of the moratorium issue.
OTHER ACTIONS
The above statement lists the official actions of the City Council.
In addition numerous other actions have occurred over the past five
months which relate to the mobile home rent issue.
On December 29, 1980, a Complaint for Injunctive and Declaratory
Relief was filed in the Superior Court in Vista. The complaint
was brought by the owners of Rancho Carlsbad against the City of
Carlsbad in an effort to declare the December 16, 1980 moratorium
unconstitutional, invalid and unenforceable. Various actions,
depositions and hearings concerning that complaint have followed
and are still being pursued.
The City Attorney's office has been deeply engaged in research and
drafting of various ordinance approaches to dealing with mobile
home rents. In addition, the Attorney's Office has expended sub-
stantial time and effort in defending the Moratorium action in
court. it is clear that any regulatory ordinance or moratorium
extension will result in protracted and costly litigation to test
the City's power to regulate in this area.
The City Manager's office has also been engaged in extensive re-
search and negotiation in order to bring about a voluntary solution
to the dispute.
Mayor Packard and individual members of the City Council have also
held numerous meetings with mobile home owners and committees in
order to bring about an agreement.
CURRENT SITUATION
At the time of the Council meeting on February 28, 1981, the
following situation will exist.
1. Solamar mobile home park has entered into an agreement dated
December 16, 1980 providing for a negotiating procedure.
Rents were increased 7 % on January 1, 1981. There is
no dispute in Solamar at t 1s time.
2. Rancho Carlsbad has entered into an agreement dated Feb-
ruary 25, 1981 which provides a negotiation -arbitration
procedure to resolve the noticed 13% rental increase.
This agreement is signed by Kenneth Reed, Attorney in fact
for the Park Owner and by GSMOL Negotiating Committee with
power of attorney for 387 mobile home owners (86%). The
agreement is conditioned on "the City of Carlsbad not taking
any action by way of ordinance or moratorium to control or
suspend rent increases in mobile home parks in Carlsbad" -
(Section XVI).
Bill
N
February 28, 1981. Agenda ��L1 11 ••�
Mobile) Home Park Rent Moratorium Page 3
• CURRENT SITUATION (Con't.)
3. Lanikai Lane owner Jack Robinson has signed an agreement,
substantially the same as the Rancho Carlsbad agreement.
Lanikai Lane Mobile home Owners Association has indicated
that they will support the agreement. Because of lack of
time it was not possible for all mobile home owners in
Lanikai Lane to review and sign the agreement. Rent in-
creases in Lanikai Lane were effective January 1, 1981.
No further rent increase notices are expected before
November 1, 1981. There will be no need for negotiation
on Lanikai Lane before then so adequate time is available
for Lanikai Lane mobile home owners to determine how they
wish to deal with negotiation.
4. Lakeshore Gardens owners (Charles Bronson et al) have
opted not to enter into an agreement to negotiate rents.
They have, however, offered to settle the rent dispute by
increasing rents 11% November 1, 1980. They have further
offered to excuse rents due between November 1, i980 and
March 1, 1981. This provides an effective 7�% rent increase
for the current year. The next rental increase could be
noticed for November 1, 1981. The original rent notice
for November 1980 was at 1.6% so the residents of Lakeshore
Gardens have substantially benefitted from the Council's
actions to date.
EXHIBITS
Solamar Agreement - December 16, 1980
Rancho Carlsbad Agreement - February 25, 1981
Lanikai Lane Agreement j
to be filed 2/28/81
Lanikai Home Owners' letter)
Lakeshore Gardens' letter
Ordinance (Revised)
Moratorium Extension Ordinance
Report on rental increases
OPTIONS FOR COUNCIL CONSIDERATION
A. Allow Moratorium to expire. If Council feels that all parties
have substantially complied with Council. intent to work out a
voluntary solution to the problem - no action is regrired.
B. Extend Moratorium on Rental Increases,Sf Council feels that
more time is needed to work out details then the moratorium
could be extended.
The risk in this course is that extending the moratorium
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February 28, 1°O1 f
- Mobile Home Park RO---:-Mo!-atorium
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could invalidate current agreements and litigation would
continue .
C. Adopt Ordinance establishing procedure to facilitate disputes.
If Council feels that the voluntary agreement approach is
unworkable then an ordinance could be adopted. The risk in
this course is that all work done to date would be fruitless.
and the City would be involved in costly and prolged that
litigation. if this course is chosen, it is suggest
commitments be gained from GSMOL and mobile home owners that
they will assist the City in legal defense.
Council Action:
2=28-81 Council agreed to let the moratorium expire and directed staff to
file the regulatory ordinance at this time.
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ORDINANCE NO.-'Kft,_
AN ORDINANCE -OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 5 OF
THE CARLSBAD MUNICIPAL CODE by THE ADDITION
OF CHAPTER 5.32 TO FACILITATE RESOLUTION OF
DISPUTES OVER MOBILEHOME PARK RENTS.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 5 of the Carlsbad Municipal Code is
amended by the addition of Chapter 5.32 to read as follows:
"Chapter 5.32
PROCEDURE FOR RESOLUTION OF
DISPUTES OVER MOBILEHOME PARK RENTS
Sections:
5.32.010 Purpose and intent.
5.32.020 Definitions.
5.32.030 Applicability.
5.32.040 Rental information.
5.32.050 Formation of park negotiating committee.
5.32.060 Advance notice of rent increases.
5.32.070 Mobilehome owners response to ballot.
5.32.080 Acceptance of increase.
5.32.090 Rejection of increase.
5.32.100 Meeting of park negotiating committee.
5.32.110 Tentative agreement ballot.
5.32120 Acceptance of agreement.
5.32:130 Rejection of agreement.
5.32.140 Final offer.
5.32.150 Acceptance of final offer.
5.32.160 Rejection of final offer.
5.32.170 Initiation of arbitration.
5.32.180 Arbitration.
5.32.196 Venue.
5.32.200 Standards for arbitration.
5.32.210 Arbitrator's decision.
5.32.220 Costs.
5.32.230 Retroactivity.
5.32.240 Enforcement.
5.32.250 I -imitation on fees and assessments.
5.32.260 Retaliatory eviction.
5.32.270 Exception -private agreement.
5.32.280 Severability.
5.32.010 Purpose and intent. There is presently within
the City of CarlsbadCarlsbZd and the surrounding areas, a severe shortage
of spaces for the location of mobilehomes. Because of the
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1 shortage there is a low vacancy rate, and rents have been for
several years and are presently in some parks rising rapidly
2 and causing great concern among a substantial number of Carlsbad
residents. These concerns have resulted in strife which
3 jeopardizes the public health, safety and welfare of both the
mobilehome owners and mobilehome park owners. The problems
4 caused by this strife can be avoided if both parties will under-
stand their respective rights as property owners and their
5 relation to one another. Because their rights are interrelated,
both parties must refrain from certain unilateral acts or practice;
6 This chapter is intended to promote an understanding of these
matters and to provide a procedure to resolve disputes. Due to
7 the high cost of moving mobilehomes, the
potential damage
resulting therefrom, the requirements relating tothe rinstallation
8 of mobilehomes, including permits, landscaping and site pre ara-
9
tion, the lack of alternative homesites for mobilehome residents
and the substantial investments of mobilehome owners in such
homes, the mobilehome owner is often in an unequal bargaining
10 position with the park owner. This chapter is to
rtect of mobilehome owners to organize and bargain collectively by
right
11 encouraging practices fundamental to the friendly adjustment of
disputes arising out of differences as to rent increases in
c 12 mobilehome parks by restoring equality of bargaining power between
ti 13 park owners and mobilehome owners. Because of the high cost of
a moving mobilehomes, the potential for damage resulting therefrom,
W < the requirements relating to the installation of mobilehomes,
u. 14 including permits, landscaping and site preparation, the lack of
c ,o alternative homesites for mobilehome residents and the substantial
a u J a 15 investment of mobilehome owners in such homes, the City Council
WWO also finds and declares it necessary to establish a means which,
Z 8 0 16 if followed, can provide protection to the owners and occupiers
z o�y of mobilehomes from unreasonable rent increases while at the same
> a a 17 time recognizing the need of mobilehome park owners to receive
a reasonable return on their property and rent increases
y 18 sufficient to cover the increased cost of repairs, maintenance,
19 insurance, upkeep and additional amenities.
It is hereby declared to be the policy of the City of
20 Carlsbad to encourage the practice and procedure of collective
bargaining and protecting mobilehome owners of full freedom of
21 association, self organization and designating representatives
of their own choosing for the purpose of negotiating the terms
22 and conditions of rent, rent spaces, and rent increases of
mobilehome parks, based on present services in effect, present
23 amenities in effect and for additional amenities.
24 The procedures contained herein are intended to enhance
resolution of unreasonable increases in rents by making it
25 advantageous for mobilehome owners and mobilehome park owners
to establish a better understanding for each others positions
26 through communication, hopefully resulting in an agreement on
the amount of rent to be charged. However, if an agreement cannot
27 be reached, the City Council has determined it necessary and
in the public interest to have the disagreement resolved by
28 binding arbitration.
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5.32.'020 Definitions. Words used in this chapter shall
have the meaning ascribed to them in this section:
(1) "Arbitration" means a process conducted in
accordance with the California Arbitration provisions
contained in Section 1280, et seq. of the California Code of
Civil Procedures.
(2) "Arbitrator" means an impartial arbitrator
selected pursuant to this chapter on a case by case basis.
(3) "Association" means the mobilehome owners
organization representing the mobilehome owners of at least
60% of the occupied spaces within the park.
(4) "Majority" means a simple majority of the
mobilehome owners in a park eligible to vote and voting.
(5) '"Mobilehome owner" means any person or persons
entitled to occupy a mobilehome dwelling unit pursuant to
ownership thereof.
(6) "Owner" means the owner, lessor, operator,
manager or designated agent of a park.
(7) "Park" means a mobilehome park which rents
spaces for mobilehome dwelling units.
(8) "Park Committee" means the mobilehome park
committee to be established in each mobilehome park in accordance N
with this chapter.
(9) "Rent" means the consideration, including any
benefits or fees, in connection with the use and occupancy of
a mobilehome space in a park.
5.32.030 Applicability. The provisions of this chapter ;
shall only apply to a park which:
(1) Contains more than twenty-five spaces; and
(2) Where an association of mobilehome owners has s
been formed and a written notice has been filed by the association
with the owner containing: (1) the name and mailing address of
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the association; (2) the names and addresses of the association'
Officers; (3) the names and addresses of the persons authorized
to represent the association in dealings with the owner; and (4)
certification that the membership of the association includes all
the mobilehome owners of more than 60% of the occupied spaces
within the park.
5.32.040 Rental information. Within thirty days after notice
to an owner by an association of their existence, if requested the
owner must provide the association with current monthly rental
rates and fees schedule showing the rent for each space within the
park, the schedule which was in effect one year preceding the date
of activation of the association and the date and amount of any
increases in rent during the interim.
5.32.050 Formation o
of ark ne tiatin committee. The owner
oi
and associatiof a park shall establish a
on _
mittee consisting of an even number of membersrkoneghalftofgsuch
members representatives of the owner, and one-half of such members
representatives of the mobilehome owners. The exact number of
members and alternates if any shall be determined by mutual agree-
ment between the owner and the association.
5.32.060 Advance notice I'll I'llof rent increases. (a) Not later
than sixty calendar days before an increase in rent is to become
applicable, an owner shall provide written notice thereof to the
association and to all mobilehome owners in the park.
(b) Upon receipt by the association of such notice the
association shall promptly send out a secret ballot to all the
mobilehome owners in the park asking for a vote on whether to accept
or reject the rent increase.
5.32.070 Mobil ehome owners response to ballot. days of receipt of Within ten
a ballot pursurant to section 5.32.060, the
mobilehome owners (1 vote for each space) shall reply to the
association indicating their vote to accept or reject the proposed
rent increase. The replies shall be tabulated by the association.
The owner shall be afforded the right to be present at such tabu-
lation. The association shall notify the owner of the results.
5.32.080 Acceptance of increase. If a simple majority of the
mobilehome owners voting accept the proposed increase in rent, it
22 will become effective on the effective date designated by the owner
23 on the advance notice of rent increase.
if 5.32.090 Refection of increase. If a simple majority of the
24 mobilehome owners voting reject the proposed increase in rent, the
matter
25 increase hshallall enot fbereffective,ed to the park negotiating committee and the
26 5.32.100 __Meetincr of park necrotiatin committee. The
negotiating committee shall meet park
27 increase which is referred to them rand tshall investigateoconsider , hold
osed
hearings and take any other reasonable steps necessary to resolve
28 the matter by arriving at a mutually agreeable rent increase. The
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committee shall establish their own rules and procedures. The
committee shall be guided in their deliberations by the purposes
and intent of this chapter. Upon request the owner shall make
available to the committee such information and records concerning
the operation of the park as are reasonably necessary to a deter-
mination of costs of operation and a reasonable return on the
property. The owner shall also furnish the committee with facts
and figures he relies on to show that the proposed rent increase
is fair and equitable. The committee shall meet for a reasonable
period of time in a good faith effort to reach agreement.
5.32.110 Tentative agreement --ballot. If the park negotiating
committee reaches a tentative agreement on a rent increase, the
association shall promptly by secret ballot poll the mobilehome
owners in the park for acceptance or rejection. The secret ballot
shall include the recommendation of the committee. The time limits
and procedures of section 5.32.070 shall apply to the ballot.
5.32.120 Acceptance of agreement. If a simple majority of
the mobilehome owners voting accept the tentative agreement the
rent increase and any other provisions will become effective as
provided therein.
5.32.130 Rejection of agreement. If the tentative agreement
is rejected the matter shall be referred to arbitration in accor-
dance with the provisions of this chapter.
5.32.140 Final offer. If after a reasonable period of time
in good faith negotiations an agreement acceptable to the park
negotiating committee has not :en reached the owner shall make a
final offer. The association shall promptly report this offer
together with their recommendation to the mobilehome owners in the
park and poll them as either•acceptance of the final offer or a
rejection and referral of the matter to arbitration. The time
limits and procedures of section 5.32.070 shall apply to the ballot
5.32.150 Ace tance of final offer. If a simple majority of
the mobilehome owners voting accept the final offer it shall become
effective as provided therein.
5.32.160 Rejection of final offer. if the final offer is
rejected the matter shall be referred to arbitration in accordance
with the provisions of this chapter.
5.32.170 Initiation of arbitration. Upon referral to arbi-
tration the committee shall immediately meet and take steps to
select an arbitrator, and do anything else required to secure a
speedy resolution of the arbitration. If the committee fails to
agree on the selection of an impartial arbitrator within fourteen
days from the referral either the owner or the association shall
have the right to submit the dispute to the American Arbitration
Association for the selection of an arbitrator pursuant to their
rules.
5.32.180 Arbitration. The arbitrator shall determine the
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rights of the parties in accordance with the law, including
this chapter. The award shall be subject to review as to the
arbitrator's application of the law by any court having
jurisdiction of the matter, whether or not any mistake of the
law shall appear upon the face of the award. As to all questions
of, however, the determination of the arbitrator or
arbitrators shall be binding upon all parties and shall be
deemed final and conclusive. Each party shall be entitled to
written findings of fact and conclusions of law as to all issues
determined by the award. Subject to the above limitations the
award granted by the arbitrator shall be binding upon all parties
to the arbitration.
5.32.190 Venue. For the purpose of litigation or
arbitration, venue shall lie in the North County Judicial District,
County of San Diego, State of California, or, if such venue
cannot be exercised, in the Federal or State Court nearest to
the North County Judicial District, County of San Diego.
5.32.200 Standards for arbitration. The arbitrator shall
give due cons to the purposes and intent of this chapter
in reaching a decision. In evaluating the rent increase proposed
by the owner, the arbitrator shall also consider increased costs
to the owner attributable to increases in utility rates and
property taxes, insurance, advertising, governmental assessments,
cost -of -living increases attributable to incidental services,
normal repair and maintenance, capital improvements, upgrading
and addition of amenities or services as well as a fair, rate of
return on the property.
5.32.210 Arbitrator's decision. The arbitrator shall
make a final decision within ten days after the conclusion of
the hearing and notify the owner and the association. The
,association shall promptly notify the mobilehome owners of
the arbitrator's decision.
5.32.220 Costs. The costs of arbitration shall be paid
one-hal by the owner and one-half by the association.
5 32 230 Retroactivity. l.) The procedures of this
chapter are intended to result in a final resolution of a dispute
prior to the effective date of a rent increase. If negotiations
or arbitration do not result in a final decision by the effective
date, the noticed rent shall be paid provided the amount of the
increase shall be placed in an interest bearing trust account.
Any negotiated agreement or arbitrator's decision shall be
retroactive to the noticed effective date and shall provide for
the disbursement of any trust account as a part of any such
agreement or decision.
(b) This chapter shall apply to rents as they existed
on December 31, 1980. Any rent increase to be effective or
effective after that date is subject to this chapter. Upon the
effective date of this chapter, any rent increases suspended by
the City's moratorium ordinances shall become effective. The
increase shall be placed in an interest bearing trust account.
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The tenants shall have 30 days -to comply with Section 5.32.030.
If they do not, the increases shall be fully effective and
the trust account paid to the park owner. If they do comply,
Section 5.32.060(a) shall not apply. The association shall
promptly send the notice required by Section 5.32.060 and
the parties shall proceed to resolve the matter in accordance
with this chapter. A decision on any such increase shall be
fully retroactive to the originally noticed effective date.
5.32.240 Enforcement. (a) Violation of the provisions
of this chapter shall not constitute a crime.
(b) A mobilehome owners' association may at any time bring
an action in the courts of this state alleging a violation by
an owner of any of the terms of this chapter, including
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1 but not limited to, the existence of a level of rents in excess
of that allowed and may seek a court order requiring compliance
2 with the provisions of this chapter.
(c) An owner may at any time file an action in the courts
3 of this state alleging a violation by an association of the
provisions of this chapter, and may seek a court order directing
4 compliance with the provisions hereof.
(d) The owner may not enforce a rent increase in excess of
5 that allowed by this chapter. In the went an owner increases
rents without complying with the provisions of this chapter, such
6 an increase shall be deemed null and void, residents shall not be
required to pay such increase except to the extent it is specif-
7 ically established by an individually written contract between the
resident and landlord, and any resident who is sought to be
8 excluded from the park through an unlawful detainer action brought
by the owner to enforce eviction, shall have a right to assert the
9 invalidity of such increase as a defense to the unlawful detainer
proceedings is failure of the resident to pay such increase.
10
5.32.250 Limitation on fees and assessments. A mobilehome
11 owner shall not be charged any fee for other than rent and reason-
able charges for services actually rendered. A mobilehome owner
12 shall not be charged a security deposit nor a fee for entry,
a installation hookup, or landscaping, except as specifically
CO
g 13 permitted under Section 798.37 of the Civil Code, as a condition of
a any tenancy. There shall be no imposition by the owner of any
a 14 fees or assessments until such assessments or fees have been
Q LL �
z �W� approved in writing by mobilehome owners representing more than
n <<LL 15 fifty percent of the spaces within the park.
IL W V
W -@c 16 5.32.260 Retaliator eviction. Notwithstanding Section
z oca E 5.32.above, in any action brought to recover possession of a
-> K u' 17 rental unit the court may consider as grounds for denial any
a violation of apy provision of this chapter. Further, the
18 determination that the action was brought in retaliation for the
exercise of any rights conferred by this chapter shall be grounds
19 for denial. Any action brought within three months of the
determination of a petition filed with the park negotiating
20 committee shall be presumed to be retaliatory: this presumption
affects the burden of proof, and is rebuttable by the owner.
21
5.32.070 Exce tion- rivate agreement. The City Council
22 may except a mobilehome park from this chapter provided that
a contract between the park owner and the owners of at least 50%
23 of the mobilehomes in that park is submitted to the Council and
the Council finds that the contract provides an effective
24 alternative procedure for resolution of disputes over mobilehome
rents. The exception shall remain in effect for the term of
25 the contract. Upon termination of the contract, the park shall
again be subject to the terms of this chapter..
26
5.32.280 Severability. If any provision or clause of this
27 chapter or the application thereof to any person or circumstance
is held to be unconstitutional or to be otherwise invalid by any
28 court of competent jurisdiction, such invalidity shall not affect
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1 other chapter provisions or clauses or applications thereof which
can be implemented without the invalid provision or clause or
2 application, and to this end the provisions and clauses of this
chapter are declared to be severable."
3
4 EFFECTIVE DATE: This ordinance shall be effective thirty
5 days after its adoption, and the City Clerk shall certify to the
6 adoption of this ordinance and cause it to be published at least
7 once in the Carlsbad Journal within fifteen days after its
8 adoption.
9 INTRODUCED AND FIRST READ at a regular meeting of the
10 Carlsbad City Council, held on the day of
11` 1981 and thereafter
c
12 PASSED AND ADOPTED at a regular meeting of the said Council
a
s
co 13 held on the day of , 1981 by the following
W a 14 vote; to wit:
Z O W
2 '< 15 AYES:
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W z a 16 NOES:
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17 ABSENT:
18
RONALD C. PACKARD, Mayor
19
ATTEST:
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22 ALETHA L. NKRANZ, City Clerk
RAUTE
23 ISEAL)
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41 LETTER OF AGREEMENT
This letter of agreement is between All -Coast Enterprises, Inc., the
owner of Solamar Mobile Estates (hereinafter referred to as "OWNER") and
Solamar Mobilehome Owners Association (hereinafter referred to as "RESIDENTS").
a e s• bot thwe/ SJN a d RESIDENTS are in favor of a means of solving
e �iAA%1 vernment regulations; and ��k
Whereas: the City of Carlsbad took action on October 28th, 1980 instructing
Park Owners and Mobile Home Owners to get together through a Negotiating Commit-
tee; and establish an Arbitrator approach if necessary as a final solution; and
Whereas: the OWNER has indicated a desire and willingness to proceed
with A Negotiating Committee; and
Whereas: the RESIDENTS through their representative organizations have 7findicated a desire to establish a Negotiation Committee; therefore it isv��, J
agreed the following steps in procedure will be followed to resolve the
7f
NEGOTIATING PROCEDURE
z
i 1. Immediately following the OWNER's notice of increase in User -fees
(Rents), the RESIDENTS will be polled for acceptance or rejection.
2. Should a simple majority of the RESIDENTS by spaces currently occupied
reject the proposed increase in User -fee (Rents), there shall be formed within
two (•2) weeks a Negotiating Committee consisting of five (5) members. Two
members shall be selected by the OWNER, twq selected by RESIDENTS and one (1)
selected by the four. Should the four members decide unanimously that a
fifth member is not needed, then the committee shall proceed with four members.
3. The Negotiating Committee shall meet at times and intervals sufficient
to arrive at a mutually agreeable User -fee (Rents) within 20 days after forma-
tion of the Committee. The Negotiating Committee shall consider all evidence
presented to it. The OWNER and RESIDENTS shall be encouraged to present facts
and testimony for the committee members to consider. These facts may be
Presented with the assistance of a spokesman or counsel.
4. A four -fifths (4/5) vote of the Negotiating Committee will be required
to agree on a User -fee (Rents) to be presented to the RESIDENTS for acceptance.
S. After a User -fee (Rents) has been agreed by the Negotiating Committee,
the RESIDENTS shall be polled for acceptance or rejection. A simple majority
vote of the RESIDENTS by spaces (one space equals one vote) will be required
to accept or reject. In the event the vote is to reject, then the procedure
set forth in Paragraph 6, 7, & 8 shall be followed.
i 6. Should the Negotiating Committee be unable to agree upon acceptable
User -fee (Rents), RESIDENTS by spaces (one space equeals one vote), shall be
polled for acceptance or rejection of the 0WNER's proposal and if rejected
by a simple majority, the dispute will be submitted to binding arbitration.
The Arbitrator will be selected by the Negotiating Committee according to
the Rules of the American Arbitration Association. The Arbitrator will be
given 10 working days if possible after receipt of the case to arrive at his
decision. The decision of the Arbitrator will be final and binding upon both
parties retroactive to January 1, 1981. The Arbitration hearing will be held
and conducted according to the Rules of the American Arbitration Association
and applicable California law.
7. Each party shall submit such evidence as they feel is necessary to
support their respective positions in the dispute in determining if a rent
increase is -necessary or required and if so, is it fair and equitable to the
RESIDENTS and will it provide the 014NER sufficient funds to operate the Park,
with a just and reasonable return on his property.
Suggested testimony furnished for his consideration may include
but not be limited to, the services and amenities provided, the value of the
property and capital improvements, taxes, operating expenses, the value of
the RESIDENT'S coaches, their increased costs in upkeep, including but not
limited to increased costs in electricity and gas, etc.
However, whenever any testimony is submitted, the Arbitrator shall
make the determination to include or exclude any testimony which he feels is
F not germane and material to the dispute.
8. The cost of the arbitration will be shared equally by the OWNER and
it
the RESIDENTS.
9. This agreement is not intended to supersede or contradict the laws
of the State of California generally or as they pertain specifically to mobile -
home parks, mobilehome park rents, and otherwise, as they are now enacted or
enacted in the future by the California State Legislature or the California
State COnstitutien. Further, this agreement is specifically conditioned on
the City of Carlsbad taking no action by way of ordinance or otherwise to
direct influence or control directly or indirectly the rent levels in Mobile -
home Parks in Carlsbad.
Date_
Approved in Form and Content
by Members of Negotiating
Committee
Page Two of Two
V4
BIRTCHER PACIFIC"
t ,
February 26, 1981
E
i
Mayor Ronald C. Packard
City of Carlsbad
Carlsbad, California 92008 ►
Dear Mr. Mayor: !
As agent for the owners of Lakeshore Gardens Mobile Home i
Park, we have decided to propose the following reduced
rent increases providing the City of Carlsbad allows
the "rent moratorium" to expire at midnight, February 28,
1981' Present New Monthly
Space Monthly Rate Increase Rate,
A $160 $18 $178
t
B $180 $20 $200 t
C $195 $21 $216 k
D $210 $23 $233
The new rate of rent as stated above is effective November 1,
1980. The owner,in the spirit of cooperation,is going to
forgive the increase for the months of November, December, 1980,
January and February, 1981, therefore, the new rates of rent
will commence March 1, 1981.
In accordance with state law, these rates will remain constant
through October 31, 1981.
We understand that this has been a significant problem for you
and the City Council•. We hope you understand our problem and
the history of rental rates in Lakeshore Gardens.
John W. Skillman
Vice President - Property Management
cc: Larry Martindale
Above letter dictated over the phone Friday, February 27, 1981
by Mr. Skillman. Letter sent by him was not received in today's
mail.
r,% < _ , . ,
r � �►
AGREEMENT
THIS AGREEMENT is made on the day of
° 1981, by and between WESTERN LAND & DEVELOPMENT COMPANY, �geral
#
partnership, DBA "RANCHO CARLSBAD, its assigns and successors in
interest, hereinafter referred to as "'Owner" and the owners of '
mobilehomes in Rancho Carlsbad, and their assigns and successors
in interest, hereinafter referred to individually and collectively
as "Mobilehome Owners".
M�
I
DEFINITIONS
Words used in this agreement shall have the meaning ascribed
to them in this Paragraph:
ti
(1) "Arbitration" means a process conducted in accordance
with the rules,_ regulations, and procedures of the American Arbi-
trationAssociation as well as applicable California law.
(2) "Arbitrator" means an arbitrator selected pursuant to
this agreement on a case -by -case basis.
(3) "Association" means an organization authorized by
powers of attorney to represent the mobilehome owner(s) for the
purposes of this agreement.
(4) "Owner" means the owner, lessor, operator, manager or
designated agent of a mobilehome park.
(5) "Park" means a mobilehome park which rents spaces for
mobilehome dwelling units.
k r
(6) "Mobilehome Owner(s)" means an y person(s) entitled to
s
occupy a mobilehome dwelling unit pursuant to ownership thereof.
!
(7) "Rent" means the consideration, including any benefits
or fees in connection with the use and occupancy of a mobilehome
i
space in a park.
II
NOTICE OF RENT INCREASES
Any notice that an increase in rent is to become applicable
,
shall be accomplished by written notice thereof to the mobilehome
j
owner(s) of the park. Such notice shall be effected in accordance
f
with applicable California law. In addition, the notice shall
i
provide for the indication,by the mobilehome owner(s) of their
g
acceptance or rejection of the proposed increase.
III
�
MOBILEHOME OWNER(S) RESPONSE -TO NOTICE
S
€ Within fifteen (15) days of the date of a notice pursuant to
t
t Paragraph II, hereof, the mobilehome owrerls) shall reply as follows:,
(1) Mobilehome owners) electing to accept the rent
increase rather than be bound by an arbitrator's decision, and who
wish to represent themselves, may do so by simply making no reply.
Failure to reply within fifteen,(15) days of the date of notice
pursuant to Paragraph,II shall constitute acceptance of the rent.
f
(2) Mobilehome owner(s) electing to reject the proposed
j
increase and who wish to represent themselves, may do so by
{
notifying the park owners of their decision directly.
(3) Mobilehome owner(s) electing to have the association
represent them may send their acceptance or rejection of the pro-
posed increase to their association, along with a power of attorney
1
-2-
1��
duly appointing the association as thf'.r attorney in fact.
(4) If the rent increase should be referred to arbitration,
each mobilehome owner, whether individually or as a member of the
association, should the association elect to arbitrate, shall pay
their pro rata share of one-half of the costs of arbitration as
provided herein. If an individual wishes to be bound by the
arbitration conducted by the association, he may do so by agreeing
to pay his share of the costs as provided above.
$
IV
ACCEPTANCE OF.INCREASE
#
f
# For the mobilehome owner(s) who accept the noticed increase
in rent, said increase will become effective on the date designated
by the owner on the notice of rent increase.
V
r
} REJECTION OF INCREASE
jFor the mobilehome owner(s) who reject the proposed increase,
such rejection shall constitute an election to negotiate as here-
inafter provided.
VI
r
NEGOTIATION
The parties hereto shall promptly meet in a good faith
effort to explain and justify their respective positions and
attempt to resolve the dispute. If agreement is reached, the
increase will be effective as of the date originally noticed.
After a reasonable period of time (in no event more than 20 days),
if no agreement is reached, either party may declare an impasse
and request the matter be referred to arbitration as hereinafter
provided.
VII
INITIATION OF ARBITRATION
Upon receipt of one or more requests for arbitration as
provided hereinabove, the, mobilehome owner(s) so electing and the
owner shall immediately take steps to select an arbitrator, and
do anything else required to secure a speedy resolution of the
,arbitration. If the parties cannot agree on the selection of an'
arbitrator within ten (10) days, the arbitrator shall be selected
pursuant to the rules and procedures of the American Arbitration
Association.
VIII
------------
The arbitrator shall determine the rights of the parties in
accordance with the law and the provisions of this agreement.
The award shall be subject to review as to the arbitrator's app=
lication of the law and facts in a hearing de novo by any court
having jurisdiction of the matter, whether or not any mistake of law -
or fact shall appear upon the face of the award. Each party shall
be entitled to written findings of fact as to all issues determined
by the award. Subject to the above limitations and to Paragraph
XIII, the award granted by the arbitrator shall be binding upon
all parties to the arbitration.
-4-
IX
VENUE
For the purpose of litigation or arbitration, venue shall
lie in the North County Judicial District, County of San Diego,
State of California, or, if such venue cannot be exercised, in
}
the Federal or State Court nearest to the North County Judicial
District, County of San Diego.
X
'
i,
STANDARDS FOR ARBITRATION
The arbitrator shall give due consideration to the purposes
and intent of this agreement in reaching a decision. In determining
'
what is a fair rent increase and fair rate of return on the value
of the owner's property, the arbitrator may consider all relevant
facts, including but not limited to, the services and amenities
provided, the current value of the property and capital improvements,
the cost of new capital improvements, taxes, operating expenses; the
value of the mobilehome owner(s) coaches, their increased costs in
{
upkeep, including but not limited to, increased costs in electricity
,t
and gas. However, whenever any testimony is submitted, the arbi-
trator shall make the determination to include or exclude any
testimony which he feels is not germane and material to the dispute.
XI
ARBITRATOR'S DECISION
The arbitrator shall make a final decision within ten (10)
days after the conclusion of the arbitration proceedings and shall
notify the parties of such decision. The rent shall be determined
by the arbitrator and may be more or less than the amount of rent
noticed.
-5-
�
• (1) The rent noticed pursuant to Paragraph II shall be
paid to owner according to the terms of that notice subject to
refund or surcharge and accrued interest as provided in this
Paragraph.
(2) The decision of the arbitrator shall be retroactive
to the effective date of the last notice of rent increase. Any
rent increases which have been collected by an owner pursuant to
an increase which is the subject of a mobilehome owner(s)' r
request for arbitration and which is later determined by the
arbitrator to have been excessive, shall be credited to future
s
rent; such sums shall bear,interest at the rate of Twelve (1 2%)
Percent per annum from the date of payment to the owner. Any
award in excess of the 40ticed increase shall be immediately due
and payable; such sums shall bear interest at the rate of Twelve
(12%) Percent per annum from the effective date of the notice.
(3) The arbitrator's decision shall be in full force and
i
effect until changed by a court of competent jurisdiction.
XIII
costs
The costs of arbitration shall be paid one-half by the
owner and one-half by the mobilehome owner(s) electing to
arbitrate (on a pro rata basis).
XIV
INDIVIDUAL MOBILEHOME OWNER'S RIGHTS
Mobilehome owner(s) shall have the right to form, join and
participate in the activities of residents' associations formed
for the purpose of performing the provisions of this agreement or
to refuse to form, join in, or participate in the activities
of such associations. Mobilehome owner(s) shall
-6-
II
i
also have the right to negotiate individually and directly with
the owner, and to establish the terms and conditions of their
tenancies, including rent, by separate agreement with the owner
which shall supersede the terms and conditions of any negotiated
agreement between other mobilehome owner(s) and the owner, any
decision of any park committee or association and any decision of
the arbitrator. Owner shall not discriminate against any mobile -
home owner(s) for an exercise of the rights established by this
Paragraph, or coerce any mobilehome owner(s) with respect to the
exercise of such rights. ?
XV
ENFORCEMENT !
Both the owner and mobilehome owner(s) shall have the
right to enforce the terms of this agreement in any court of
competent jurisdiction.
XVI ;
i
APPLICABLE LAW
This agreement shall be interpreted according to California 1
s
law, and is not intended to supersede or contradict the laws of
the State of California generally or as they pertain specifically
to mobilehome parks, mobilehome park rents, or otherwise as they
are now enacted or enacted in the future by the California State
Legislature•or the California State Constitution.
t
Further, this agreement is specifically conditioned on
the City of Carlsbad not taking any action by way of ordinance
or moratorium to control or suspend rent increases in mobile -
home parks in Carlsbad.
-7- k
XVII
SEVERABILITY
If any provision or clause of this agreement or the
application thereof to any person or circumstance is held to
be unconstitutional or to be otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other
provisions or clauses, or applications thereof which can be im-
plemented without the invalid provision or clause or application,
and to this end the provisions and clauses of this agreement are
declared to be severable.
XVIII
EFFECTIVE DATE AND DURATION OF AGREEMENT
This agreement shall become effective at the date of
execution, and shall remain in force and effect until July 1, 1982.
Any rent noticed during the term of this agreement stiall be deter-
mined pursuant to the provisions of this agreement and the agree-
ment shall survive for that purpose and that purpose only past the
termination date of July 1, 1982.
XIX
SUCCESSORS IN INTEREST
This agreement shall be binding upon and inure to the
benefit of heirs, assigns and successors in interest to the
parties hereto.
XX
EXECUTION IN COUNTERPART
This agreement may be executed in counterpart.
-8-
�
� r
IN WITNESS WHEREOF, the park owners have caused this
agreement to be executed in their name and half, by their
attorney in fact, and GSMOL Chapter 789, and its negotiating
committee, on behalf of and as attorney in fact for itself
and its entire membership have caused this instrument to be
executed in its name and on behalf of its repsective officers
and the negotiating committee who are duly authorized to do
so as of the day and year first above written.
W TERN L D O C ANY
D$A RANCHO CARLSBAD
By KENNETH E. REED, Rent Coordinator,
and Attorney in Fact
GSMOL, Chapter 789:
Individual mobilehome owners wishing to enter into this arbitration
agreement but not wishing to be represented by GSMOL 789 and the
GSMOL Negotiating Committee may sign below and deliver a copy of
this agreement to owner on or before March 15, 1981.
MOBILEHOME OWNER
MOBILEHOME OWNER
—4 s. J
•
February 27, 1981
Hon. Ron Packard, Mayor City of Carlsbad
City Hall
Carlsbad, Ca. 97.008
Dear Mayor Packard:
In accordance with our conversation w:.th you, we
hereby confirm our agreement to recommend to Lake-
shore Gardens home owners the acceptance of the
proposed rent increases offered by'the park owners
on February 26, 1981.
ge cannot, cf course, guarantee that it will be
approved by a majority, *-inco there is mill a
strong feeling on the part of 6m0 thatft negotiat-
ing ordinance along the ld.hes proposod is desper-
ately needed as protecti64 in the future. However,
we are of the opinion thht the proposed increase
will very likely be accepted.
We will inform you of the outcome when the vote
has boon completed and tabulated.
'hank you for your efforts on our behalf.
Cordially,
Lakeshore Gardens Nogotivting
Committeo
Victor Borgquv,&"7-
�
r
�fiop�ler r
w
S!
ID
f
], ORDINANCE NO. 9576
w 2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, EXTENDING
3 THE MORATORIUM ON RENTAL INCREASES ON
MOBILEHOME SPACES WITHIN THE CITY OF
4 CARLSBAD-.
5 The City Council of the City of Carlsbad, California
6 hereby finds and determines as follows:
7 1. The findings and determinations of Ordinances No. 9565
8 and No. 9572 continue to be true and are incorporated into this
9 ordinance.
10 2. The City Council adopted said ordinances to preserve
11 the status quo pending study of the problems resulting from
c
12 disputes over mobilehome park rents. That study has resulted
a
13 in a draft ordinance adopting a procedure for resolving disputes
C)
pp a 14 over mobilehome park rents. That ordinance is now before the
CUB
�Z
Z w 0
IL 15 City Council.
f LLC7oZ
W
z W � s 16 3. The Council has been made aware of efforts by mobilehome
LU¢-m
j > a 17 park owners and owners of mobilehomes to reach private agreements
b18 between themselves to provide a voluntary dispute resolution
i
19 procedure. Such procedure would obviate the need for the City
20 Council to impose a solution. In order to allow these efforts
21 to be consummated in legally binding agreements, the City Council
22 has determined to defer consideration of the procedural ordinance
23 and has determined that it is necessary to extend the moratorium.
24 NOW, THEREFORE, BE IT OR[1AINED by the City Council of the
25 City of Carlsbad, California, as follows:
26 SECTION 1: Ordinances No. 9565 and No. 9572 are extended
27 to This extension is subject to the
28 Iterms and conditions of said ordinances which are incorporated
I
i
1
1
2
3
4
5
6
7
8
9
10
11
12
0
a
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J
13
OLLWa
p p Z 2
14
cc
15
maLL
LC
WZ§o
16
zo Ca
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17
18
U
{
19
i
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20
21
22
23
24
25
26
27
28
herein by reference, specifically including the provision that the
resolution of the rent increases noticed to go into effect on
nuary 1, 1981 shall be retroactive to that date.
SECTION 2: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the
public health, safety and welfare and shall be effective
immediately upon its adoption. The facts constituting the
emergency are set forth in Ordinances No. 9565, No. 9572 and
above in this ordinanc:;.
SECTION 3: The City Clerk shall certify to the adoption
of this ordinance and shall cause a copy hereof to be published
as required by law. r
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California held on the
day of� 1981 by the following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENRRANZ, City Clerk
(SEAL)
-2-
I
a /w LW 177F
r
' MEMORANDUM
DATE: February 26, 1981
TO: Frank Aleshire, City Manager AIA-
FROM: Chris Salomone, Administrative Assistant/Block Grant
SUBJECT: NORTH COUNTY MOBILEHOME PARK RENT INCREASES
A telephone survey of mobilehome parks in North County resulted in the attached
table. Recent rate increases vary widely from park to park (low 4.0% -
high 20.5%). Oceanside rate increases proposed are pending approval of the
Fair Practices Commission. All increases have occurred since October 1980
with two exceptions.
Those parks marked with an asterisk are most comparable to the narks in
Carlsbad. -
%anikai went up 10%, January 1
Solamar went up 7%, January 1
r
CS:al
I
4 '
CITY PARK
RENTAL
INCREASE
DATE EFFECTIVE,
,
$ amt. per space
San Marcos
Casitas Del Amigo
$10
6.25
January 1, 1981
Casitas Del Sol
$10
6.4 - 7.4
.January 1, 1981
* Palomar Estates
$10
12.6
January 1, 1981
or 11.0/yr. per
3 yr. lease
La Moree Mobile Park
$12.50
7.8 - 8.9
January 1, 1981
Madrid tdanor Mobile Est.
$ 8.20
4.1 - 6.1
'February 1,.1981
Rancho San Marcos Mobilehome
Park
10.0
January 1, 1981
r
San Marcos Mobile Est.
7.0
January 1, 1981
Rancheros Mobilehome Park
$ 7
4.0 - 4.5
April 1, 1981
Vista Corona Del Vista
12.6
January 1, 1981
Rancho Vallecitos Club
$15
7.4 - 8.0
February 1, 1981
Sierra Vista Mobile Park
12.5
November 1., 1980.
* Vista Cascade
$20
11.1 - 12.1
February 1, 1981
Vista Manor
8.0
October 1, 1980,
Oceanside
Cavalier Mobile Estates
$9 - $18
6.8
- 12.7
February 1, 1981
La Salina Mobile Village
$1S
9.9
- 10.2
January 1, 1981
Lamplighter Mobilehome Park
10.0
- 13.0
August 1,, 1980 (no inc. 181
Miramar Trailer Village
$10
7.7
- 8.7
March 15, 1981 `
7
1
I
t
1
a
,
.
P
CITY
PARK
RENTAL
INCREASE
DATE EFFECTIVE
,
S amt'. per space
o
Oceanside
Mission View Mobile Manor
$10
6.5 - 6.8
April 1, 1981
_
Rancho Calevero
$15
8.8 - 10.7
January 1, 1981
Rancho San Luis Rey
$30
18.9 - 20.5
April 1, 1981
Terrace Gardens
$10
8.0
March 1, 1981
Trico Mobile Estates
$15
11.1 - 11.7
Fehr"uary 1, 1981
* Westwinds Mobile Lodge
$22
13.3 - 15.1.
January 1., 1981
Escondido
* Carefree Mobilehome Ranch
12.0
December 1, 1980
Imperial Escondido
9.51
May 1, 1981
* Mountain Shadows
12.6
April 1, 1981
Sundance Mobilehome Park
$15
6.1 - 9.0
January 1, 1981
The Views Mobilehome Park
12.6
Anniversary Date. .
* Lawrence Welk's Country Club
8.0
June 1, 1980(9a in
18
Encinitas
Park Encinitas
12.0
January 1; 1981
Riviera Mobile Ranch
$20
12.1 - 15.6
December 1., 1980
SOUTH SHORES DEVELOPMENT CORP.
POST OFFICE BOX NO. 84 • DOWNEY, CALIFORNIA 90241 • (213) 928.2900
February 27, 1981
Ronald C. Packard, Mayor
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mayor Packard:
I am greatly encouraged by the apparent success that your efforts have pro-
duced in resolving the apparent dissatisfaction on the part of some resi-
dents of mobile home parks in the City of Carlsbad and the owners of mobile
home parks relative the rate of rents to be charged for occupancy of the
parks. It would appear that with the success in the issue of the disagree-
ment at Rancho Carlsbad, you have found an agreement which is fair and
equitable to all parties.
I have reviewed that agreement and found that it is in substance acceptable
to me and have had the cover page and the signature page changed to reflect
my park along with a change in the termination date to effect that date
agreed upon with residents of Lanikai Lane and myself in conference with
you and the City Attorney.
By way of a copy of this agreement, attached hereto, I am representing to
you unilaterally that this agreement is acceptable to Lanikai Lane Mobile
Home Park.
I recognize that it will be necessary to have the residents of Lanikai Lane
either accept or reject this agreement. It will be my intent to draw a
letter to the residents of LanikaiLane giving them the facts as I understand
them relative to this agreement and giving to them the option of either
(1) ignoring the agreement which would leave a status quo; (2) sign the
agreement as an individual mobile home owner and return to me at which tine
it will be effective between the two of us; or (3) appoint as their attorney
in fact any organization or organizations which they wish to represent them
at which time I will then assume that we have an agreement between that
organization(s) and the owners of Lanikai Mobile Home Park. I recognize
that this might take some additional time but I see no difficulty in
proceeding with this rather quickly. I do intend to present my cover letter
to the people who I know are currently involved in representing a percentage
of the mobile home owners in my park for their comment prior to the time
LANIKAI LANE MOBILE HOME PARK
CARLSBAD CALIFORNIA
ram` .ice
Ronald C. Pakcard, Mayor
February 27, 1981
Page 2
that it is submitted to the residents of the park. The purpose of this is
to eliminate any concern on their part that the rover letter to the residents
will be self serving either to myself or to those people representing some
members of the park at this time.
I know that there is little that I can say at this time in the way of my
expression of appreciation to the time that has been spent by you on a per-
sonal basis as well as the unbelievable number of hours contributed to this
problem but I do want you to know that certainly for this particular owner, ;
it has been greatly appreciated.
Very truly yours,
?KEROBINSON
JER:dc
Enclosure
1
I-- , _!!!A_
AGREEMENT
THIS AGREEMENT is made on the 27th day of February,
1981, by and between SOUTH SHORES DEVELOPMENT CORPORATION,
DBA LANIKAI LANE MOBILE HOME PARK, its assigns and successors
in interest, hereinafter referred to as "Owner" and the owners
of mobilehomes in nc o , and their assigns and suc-
cessors in interest, hereinafter referred to individually
and collectively as "Mobilehome Owners".
I
DEFINITIONS
Words used in this agreement shall have the meaning
ascribed to them in this Paragraph:
(1) "Arbitration" means a process conducted in
accordance with the rules, regulations, and procedures of the
American Arbitration Association as well as applicable Cali-
fornia law.
(2) "Arbitrator" means an arbitrator selected
pursuant to his agreement on a case -by -rase basis.
(3) "Association" means an organization authorized by
powers of attorney to represent the mobilehome owner(s) for the
purposes of this agreement.
(4) "Owner" means the owners, lessor, operator, manager
or designated agent of a mobilehome park.
(5) "Park" means a mobilehome park which rents spaces
for mobilehome dwelling units.
-l-
(6) "Mobilehome Owner(s)" means any person(s) entitled to
occupy a mobilehome dwelling unit pursuant to ownership thereof'
(7) "Rent" means the consideration, including any benefits
or fees in connection with the use and occupancy of a mobilehome
I
i
space in a park.
II
NOTICE OF RENT INCREASES
Any notice that an increase in rent is to become applicable
f
shall be accomplished by written notice thereof to the mobilehome i
t
owner(s) of the park. Such notice shall be effected in accordance
with applicable California law. In addition, the notice shall ,
provide for the indication by the mobilehome owner(s) of their
acceptance or rejection of the proposed increase. ;
III
i
MOBILEHOME OWNER(S) RESPONSE TO NOTICE 4
Within fifteen (15) days of the date of a notice pursuant to
+
Paragraph II, hereof, the mobilehome owner(s) shall reply as follows:
t (1) Mobilehome owner(s) electing to accept the rent
i increase Lather than be bound by an arbitrator's decision, and who
wish to represent themselves, may do so by simply making no reply.
Failure to reply within fifteen (15) days of the date of notice i
pursuant to Paragraph II shall constitute acceptance of the rent.
(2) Mobilehome owner(s) electing to reject the proposed t ��
,i
increase and who wish to represent themselves, may do so by
notifying the park owners of their decision directly. '
(3) Mobilehome owner(s) electing to have the association
represent them may send their acceptance or rejection of the pro-
posed increase to their association, along with a power of attorney
-2-
duly appointing the association as their attorney in fact.
(4) If the rent increase should be referred to arbitration,
each mobilehome owner,'whether individually or as a member of the
association, should the association elect to arbitrate, shall pay
their pro rata share of one-half of the costs of arbitration as
provided herein. If an individual wishes to be bound by the
arbitration conducted by the association, he may do so by agreeing
to pay his share of the costs as provided above.
IV
ACCEPTANCE OF INCREASE
For the mobilehome owner(s) who accept the noticed increase
in rent, said increase will become effective on the date designated
by the owner on the notice of rent increase.
` V
REJECTION OF INCREASE
For the mobilehome owner(s) who reject the proposed increase,
such rejection shall constitute an election to negotiate as here-
inafter provided.
VI
NEGOTIATION
The parties hereto shall promptly meet in a good faith
effort to explain and justify their respective positions and
attempt to resolve the dispute. If agreement is reached, the
increase will be effective as of the date originally noticed.
-3-
Awk,
N
After a reasonable period of time (in no event more than 20 days),
if no agreement is reached, either party may declare an impasse
and request the matter be referred to arbitration as hereinafter
provided.
VII
INITIATION OF ARBITRATION
Upon receipt of one or more requests for arbitration as
provided hereinabove, the, mobilehome owner(s) so electi-rig and the
owner shall immediately take steps to select an arbitrator, and
do anything else required to secure a speedy resolution of the
arbitration. if the parties cannot agree on the selection of an
arbitrator within ten (10) days, the arbitrator shall be selected
pursuant to tc,; rules and procedures of the American Arbitration
Association.
VIII
ARBITRATION
The arbitrator shall determine the rights of the parties in
-ordance with the law and the provisions of vhis agreement.
The �.ard shall be subject to review as to the arbitrator's app-
lication of the law and facts in a hearing de novo by any court
having jurisdiction of the matter, whether or not any mistake of law
or fact shall appear upon the face of the award. Each party shall
be entitled to written findings of fact as to all issues determined
by the award. Subject to the above limitations and to Paragraph
XIII, the award granted by the arbitrator shall be binding upon
all parties to the arbitration.
-4-
n
1
ff
r'
IX
VENUE ,
For the purpose of litigation or arbitration, venue shall
lie in the North County Judicial District, County of San Diego, i
State of California, or, -if such venue cannot be exercised, L' i
the Federal or State Court nearest to the North County Judicial t
District, County of San Diego.
X
C
F
STANDARDS FOR ARBITRATION F
i
The arbitrator shall t give due consideration to the purpcises �
and intent of this agreement in reaching a decision. In determining 3
what is afair rent increase and fair rate of return on the value
of the own*er's property, the arbitrator may consider all relevant
a
facts, including but not limited to, the services and amenities i
provided, the current value of the property and capital improvements,
the cost of new capi.il improvements, taxes, operating expens;;s, the
value of the mobilehome owner(s) coaches, their increased costs in
i
upkeep, including but not limited to, increased costs in electricity
and gas. However, whenever any testimony is submitted, the arbi-
trator shall make the determination to include or exclude any
testimony which he feels is not germane and material to the dispute.
d
XI
ARBITRATOR'S DECISION
i
The arbitrator shall make a final decision within ten (10)
S
days after the conclusion of the arbitration proceedings and shall
notify the parties of such decision. The rent shall be determined
by the arbitrator and may be more or less than the amount of rent
noticed. )
-5- ;�
s 1
' (1) The rent noticed pursuant to Paragraph II shall be
paid to owner according to the terms of that notice subject to
refund or surcharge and accrued interest as provided in this
Paragraph.
,
(2) The decision of the arbitrator shall be retroactive
to the effective date of the last notice of rent increase. Any
rent increases which have been collected by an owner pursuant to ;
an increase which is the subject of a mobilehome owner(s)'
t i
request for arbitration and which is later determined by the
4
arbitrator to have been excessive, shall be credited to future
rent; such sums shall bear interest at the rate of Twelve (12%)
Percent per annum from the date of payment to the owner. Any
award in excess of the noticed increase shall be immediately due
and payable; such sums shall bear interest at the rate of Twelve
I
f (12%) Percent per annum from the effective date of the notice. ;
(3) The arbitrator's decision shall be in full force and
{ effect until changed by a court of competent jurisdiction.
j XIII
COSTS
i
The costs of arbitration shall be paid one-half by the a1
owner and one-half by the mobilehome owner(s) electing to
arbitrate (on a pro rata basis).
XIV �y
INDIVIDUAL MOBILEHOME OWNERIS RIGHTS
Mobilehome owner(s) shall have the right to form, join and
participate in the activities of residents' associations formed
for the purpose of performing the provisions of this agreement or
to refuse to form, join in, or participate in the activities
of such associations. Mobilehome owner(s) shall
-6-
i
i
1
J
also have the right to negotiate individually and directly with
the owner, and to establish the terms and conditions of their_
tenancies, including rent, by separate agreement with the owner ,
,
which shall supersede the terms and conditions of any negotiated
agreement between other mobilehome owner(s) and the owner, any
decision of any park committee or association and any decision of
the arbitrator. Owner shall not discriminate against any mobile -
home owner(s) for an exercise of the rights established by this ,
Paragraph, or coerce any mobilehome owner(s) with respect to the
exercise of such rights.
Xv
ENFORCEMENT
Both the owner and mobilehome owner(s) shall have the
r
right to enforce the terms of this agreement in any court of
t
competent jurisdiction.
XVI
APPLICABLE LAW
This agreement shall be interpreted according to California
i
law, and is not intended to supersede or contradict the laws of
,
the State of California generally or as they pertain specifically
to mobilehome parks, mobilehome park rents, or otherwise as they
7
are now =enacted or enacted in the future by the California State
Legislature- or the California State Constitution.
Further. this agreement is specifically conditioned on r
the City of Carlsbad not taking any action by way of ordinance
or moratorium to control or suspend rent increases in mobile -
home parks in Carlsbad.
i
1
d
i XVII
O EVERABILITY
If any provision or clause of this agreement or the
application thereof to any person or circumstance is held to
9 Q0 Z� 3
1 N be unconstitutional or to be otherwise invalid by any court of
-t V) 41 competent jurisdiction, such invalidity shall not affect other
�►f provisions or clauses, or applications thereof which can be im-
1J a •plemented without the invalid provision or clause or application,
and .to this end the provisions and clauses of this agreement are
declared to be severable.
XVIII
qEFFECTIVE DATE AND DURATION OF AGkEEMENT
� iz This agreement shall become effective at the date of
execution, and shall remain in force and effect until Nov. 1, 1982.
Any rent noticed during the term of this agreement shall be deter-
s OC� mined pursuant to the provisions of this agreement and the agree-
1 ment shall survive for that purpose and that purpose only past tne
termination date of November 1, 1982.
1.
SUCCESSORS IN INTEREST
This agreement shall be binding upon and inure to the
benefit of heirs, assigns and successors in interest to the
parties hereto.
XX
EXECUTION IN COUNTERPART
This agreement may be executed in counterpart.
CHM
IN WITNESS WHEREOF, the parties hereto execute this
agreement on the day and year following signatures hereinafter.
SOUTH SHORES DEVELOPMENT CORP.
By 1981
JE. OBI SON
F&Osident
MOBILEHO OWNER (S)
MOPILEHOME-
8
-9-
-z'
'1A k 1981
1981
117
February 26, 1981
Mayor and Members of
the Cit; Council
Carlsbad,`California
The Committee of the Lanikai Mobilehome owners Association
have reviewed the proposed agreement between Lanikai Lane
Mobile Home Park and the Mobilehome Owners and ,ereby
represent t::at we favor the agreement and will recommend
to the Mobilehome owners in Lanikai Lane Mobile Home Park
that they sign the agreement.
Golden State Mobilehome Owners League, Inc., Chapter #1035
and its affiliate, Lanikai Mobilehome Owners Association
Edward R. DeYoeger- Ch irman
Mary McCa - Committee Member
Rae Simonson - Alternate
Ruth L. Coyle Alternate
I"
W1
February 27, 1941 _ - - --- - - -
The Negotiating Committee for i.AB11M MOBILEtiMM OWNMRS ASSOCIATION has
the certified PO'rr R OF ATTORNEY from the officers of Golden State.MoKle-
hows'Owarsrs Lague, Inc., Chapter # 1035 And ite affiliate Lanikai
Mobilehome Owners Associ tton to act in their behalf in all matters relented
to rent 3xressos ( users fees).
Mary McCabe President
Claude F. Ray Vice -President
Shirley J. Bass Secrati yr
H"einse Grossman Troasurer
_he Negotiating Committee also has individual TOWER OF ATTORNEY from
;' o*ty'(44i of GOLDEN STATE MOBI1KHOU O4iMIS LEAGUE, INC., CHAPTER
0 1035, asd its affiliate LANILAI MOBILEHOME OWHE,RS ASSOCIATION glirioq �
them the authority -to act in their behalf is all sastters related to
fresh increases ( users fees).
V—e . SRacOO
Jeanne Connell 130
George Floriiitiue 132x
Grsce Heffernan 129
Ed Kftfmina 131 !!6
bred Compton 124 C�
Johne Zaharec 127 �.Eaw , a vc t Z c rest
Charles, Coulter 122
Rae L. Simonson 23
E; V. welters 20
Viola'M. Bean 54
FriAerick G. Ledder 120
Dan M. Jaws 56
Herman C. Woad 138
Robert L. Coe 64
Norma Thurber 53
t Arald A. Gibb 4
Mary L. Parker 15
Urbara Bradley 55
Jobs B. Potter 50
Harriett Provia 10
.Alvin Vogt 7
Arlti►e A. RUbards 24
Claude Ray 51
Donald it. Blake 119
Jamey C. Rivers 87
Marjorie Sbimerda 88
Mary E. O'Hiara 37
Mervella Wilson 32
Lyle W. Howery 35
Haryaret B. Wert 43
Prasacos C. Day 38
Ella L. Harting 45
Rupert S. Tompkins 14S
Gorden Dalbeck 116
Leonard E. Holt 115
Donald Shermaa 118
Ruth T...Coylo 117
Silas E. Bass, Jr. 106
_-11102F IR 12;
_ -I—
k1
1 _
i
0
BIRTCHER PACIFIC
� �j �/��7ss>,�.j� ✓R� tad
.7�rrQruim.//c�r u�� U' a �trrrti 9.Ss7?'
February 26, 1981
Mr. Ronald C. Packard, Mayor
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad,'California 92008
Dear Mr. Mayor:
t"Ni
As agent for the owner of Lakeshore Gardens Mobile Home
Park, we have decided to propose the following reduced
rent increases providing the City of Carlsbad allows the
"rent moratorium" to expire at midnight, February 28, 1981.
SPACE PRESENT MONTHLY RENTS + INCREASE NEW MONTHLY RENTAL
RENT
A $160.00 + 518.00 $178.00
B $180.00 + $20.00 5200.00
C $195.00 + $21.00 $216.00
D $210.00 + $23.00 $233.00
The new rates of rent as stated above are effective November
1, 1980. The owner, in a spirit of cooperation, is going
to forgive the increase for the months of November, December,
January, and February. Therefore, the new rates of rent
will commence March 1, 1981. In accordance with state law,
these rates will remain constant through October 31, 1981.
We understand that this has been a significant problem for
you and the City Council. We hope you understand our problem
and the history of rental rates in Lakeshore Gardens.
Sincerely, .
R. Skillman
resPident Property Management
JWS/mks
cc: Mr, Larry Martindale
1
- 1200 ELM AVENUE
CARLJSS8 7, CALIrORNV1 E2004
Office of the 1►faynr
February 25, 1981
TELEPHONE:
— t714) 43"561
c1�.ia1�1 � 7�J
Larry Martindale
-
Tucker,. Tucker,. Morgan; Martindale. -and Company .
9200 Sunset Boulevard .. `
4',� Suite 418
Los Angeles', PA 90069
Dear Mr:.Martindale:
I am.sending you a copy of the agreement which has been worke(I
out by the mobile home tenants' and owners' committee.
Rancho Carlsbad and Lanikai Lane have promised to enter into
-the agreement this week. Solamar has already entered into
a similar agreement. Lakeshore Gardens is the only mobile
hoine park in Carlsbad which has not worked out it voluntary
solution to the rent problem.
The City Council and the community in general do not want
rent control. The City does not want to interfere in re-
lations between tenant and landlord. But there is a real
problem which needs to be resolved.
I am most sympathetic with you:- desire to keep the City out
of your business. I think a regulatory ordinance controlling
rents would be costly, time consuming and controversive.
It would create many new problems for the City and for you
and your tenants. I urge you to reconsider your.=osition.
Your failure to voluntarily solve this problem is putting
great pressure on the City Council. Please let me wcxk
with you to find a solution acceptable to both sides.
It is urgent that I know of your decision before Saturday,
February 28. That is when the Council meets to consider -.-
what action to take.
Please call me or the City Manager, Frank Aleshire at
(714) 438-5561. 72 04�j1/ //
_1A / -S to a s r c 2 d r %� 4 o
Sincerely, eu-7,` JcA,-e -).,` C:,//
ZIt-S'ee1,x 77,1,C
RONALD C. PACKARD s' �" �•'°k iS Z^O Se 717cle �`lc
Mayor f k 7� �r's �.../ < t 4 4'S y 0 z .-.
710 ixrr� toi744 7'h� J
t2CP: gb r4 aw. a 9 e C •k e .•S• A^s f•I %'• c? k c. 1...,
Rnc . C' T y v k r Cr,,
x C � .� 7n. ♦ V C �i, 1.� 1LrJ � r N ay 7 k C L6 s✓ '�
do to:� $o!.`G L• .ZeJCS 7<r•Y• 1.4 y.. GCS
I
ri
Ica
SOUTH SHORES DEVELOPMENT CORP.
AT N POST OFFICE Box No. 84 • DOWNEY, CALIFOR'NA 90241 • (213) 928.2900 , `
March 9, 1981
i
Mary McCabe (COP
Space No. 121
6550 Ponto Drive
Carlsbad, CA
Dear Mary: r
Enclosed please find a copy of the cover letter that I will be
sending to each resident of Lanikai Lane regarding the agreement
that I have offered to enter. I am sure that you will agree that
it is fair in describing the agreement. These will be prepared
for distribution beginning March 16, 1981.
If you have, any comments would you please contact Gwen or Bob
Leeper as I am sometimes hard to reach by phone.
r
Very truly yours,
JACK E. ROBINSON
JER:dc
Enclosure
i
cc: Gwen/Bob Leepr
Lanikai Lane Mobilehome Park
6550 Ponto Drive
Carlsbad
Mayor Ronald Packard
City Manager Frank Aleshire
,s
LANIKAI LANE MOBILE HOME PARK
CARLSBAD CALIFORNIA
LANIKAI LANE MOBILE HOME PARK
t 0550 PONTO DRIVE • CARLSBAD. CALIFORNIA 92008 • (714) 438.2942
March 7, 1981 CQ), A�"
Dear Resident of Lanikai Lane Mobile Home Park:
I am sure that you are familiar with the fact that the City Council of the
City of Carlsbad has been examining the question of relationship, as it per-
tains to rental adjustments, between the owners of mobile home parks and
the owners of mobile homes who rent space in the parks. This process began
in September of 1980 when the residents of Lakeshore Gardens felt an in-
crease that they were to pay was excessive and has continued to Saturday,
February 28th, when the issue apparently found its end.
Mayor Ronald Packard and the City Council felt that the interest of all
parties would be best served if all of the parties entered into a voluntary
agreement regarding any future rental adjustments. While I was opposed
to any agreement which I felt removed our relationship from the fair market
place, and I publicly stated my position, I did feel that it was best for us
to resolve any future disputes over rents between ourselves without a govern-
ment agency becoming involved. I therefore did agree to and entered into
the attached agreement
The simple terms of this agreement provide that if I should notice any rent i
increase during its term, you will have the r-ight to either accept or reject
the increase. If you choose to reject, I agree to negotiate this with you
or your appointed agent. If the matter cannot be rc-olved between us, then
we both agree to submit the issue to arbitration. Cost of the arbitration
will be paid one-half by you and a.,y others who have rejected the rent in-
crease and one-half by me. This agreement does not mean that we will in
fact increase the rents and does not mean if we do that the rent increase
would be beyond what you feel is fair and equitable.
The agreement does give to you the right to continue to represent yourself
with me or you may assign your rights to any existing association, such as the
Golden State Mobilehome League or any one or more new associations or groups
that you may wish to form and join.
I am enclosing two copies of the agreement, and ask that you carefully read
it so that you will understand what it will and will not do. Then you have
three choices:
No. 1 - YOU MAY IGNORE THE AGREEMENT IN WHICH CASE THE OWNERSHIP OF THE
PARK WILL CONTINUE ITS RELATIONSHIP WITH YOU IN THE SAME PRACTICE
AS IN THE PAST.
19,
i
i
-2- ;
NO. 2 - YOU MAY SIGN THE AGREEMENT AS AN INDIVIDUAL MOBILEHOME OWNER IN
WHICH CASE YOU WILL HAVE THE RIGHT TO ACCEPT OR REJECT ANY RENT i
INCREASES NOTICED DURING THE TERM OF THE AGREEMENT, I.OLLOWIN
WHICH WE WILL NEGOTIATE ON AN INDIVIDUAL BASIS.
NO. 3 - YOU MAY SIGN THE AGREEMENT INDICATING THAT YOU HAVE GIVEN YOUR
NEGOTIATING RIGHTS TO AN ASSOCIATION WHO HOLDS YOUR POWER OF
ATTORNEY. IN THIS CASE IF YOU REJECT ANY FUTURE RENT INCREASES
WE WILL NEGOTIATE WITH THE REPRESENTATIVES OF THAT ASSOCIATION.
t
Whichever your choice, please sign one copy and return it to our managers, i
Mr. and Mrs. Pobert Leeper. They are also available should you have any {
questions regarding the agreement. j
I am truly satisfied that we have in the past and will continue to meet on
fair ground which will give to us both a sense of fairness and peace of mind.
Sincerely, }
JACK E. ROBINSON s'
JER:dc !
i
Enclosures '
i
.i
f '
� 1
a
I
f
- c• --
AGREEMENT
THIS AGREEMENT is made on the 27th day of February,
1981, by and between SOUTH SHORES DEVELOPMENT CORPORATION,
DBA LANIKAI LANE MOBILE HOME PARK, its assigns and successors
in interest, hereinafter referred to as "Owner" and the owners
of mobilehomes in Lanikai Lane Mobile Home Park, and their assigns
and successors in interest, hereinafter referred to individually
and collectively as "Mobilehome Owners".
I.
DEFINITIONS
Words used in this agreement shall have the meaning
ascribed to them in this Paragraph:
(1) "Arbitration" means a process conducted in
accordance with the rules, regulations, and procedures of the
American Arbitration Association as well as applicable Cali-
fornia law.
(2) "Arbitrator" means an arbitrator selected
pursuant to his agreement on a case -by -case basis.
(3) "Association" means an organization authorized
by powers of attorney to represent the mobilehome owner(s) for
the purposes of this agreement.
(4) 'Owner" means the owners, lessor, operator,
manager or designated agent of a mobilehome park.
(S) "Park" means a mobilehome park which rents
is spaces
for mobilehome dwelling units.
-1-
4
AQ
(6) "Mobilehome Owner(s)" means any person(s) entitled to
occupy a mobilehome dwelling unit pursuant to ownership thereof.
(7) "Rent" means the consideration, including any benefits
or fees in connection with the use and occupancy of a mobilehome
space in a park.
II
NOTICE OF RENT INCREASES
Any notice that an increase in rent is to become applicable
shall be accomplished by written notice thereof to the mobilehome
owner(s) of the park. Such notice shall be effected in accordance
with applicable California law. In addition, the notice shall
provide for the indication by the mobilehome owner(s) of their
acceptance or rejection of the proposed increase.
III
MOBILEHCME OWNER(S) RESPONSE TO NOTICE
Within fifteen (15) days of the -date of a notice pursuant to
Paragraph Ii, hereof, the mobilehome owner(s) shall teply as follows:
i
9
(1) Mobilehome owner(s) electing to accept the rent
i
increase rather than be bound by an arbitrator's decision, and who
wish to represent themselves, may do so by simply making no reply.
Failure to reply within fifteen (15) days of the date of notice
pursuant to Paragraph II shall constitute acceptance of the rent.
(2) Mobilehome owner(s) electing to reject the proposed
increase and who wish to represent themselves, may do so by
notifying the park owners of their decision directly.
(3) Mobilehome owner(s) electing to have the association
represent them may send their acceptance or rejection of the pro-
posed increase to their association, along with a power of attorney
-2-
14
L
i
,
duly appointing the association as their attorney in fact.
(4) Zf the rent increase should be referred to arbitration,
each mobilehome owrer,'whether individually or as a member of the
association, should the association elect to arbitrate, shall pay
their pro rata share of onp-half of the costs of arbitration as
provided herein. If an individual wishes to be bound by the
arbitration conducted by the association, he may do so by agreeing_
to pay his share of the costs as provided above.
IV
ACCEPTANCE OF INCREASE
For the mobilehome owner(s) who accept the noticed increase
in rent, said increase will become effective on the date designated -
by the owner on the notice of rent increase.
V
REJECTION OF INCREASE
F For the mobilehome owner(s) who reject the proposed increase,
such rejection shall constitute an election to negotiate as here-
inafter provided.
VI
NEGOTIATION
The parties hereto shall promptly meet in a good faith
effort to explain and justify their respective positions and
attempt to resolve the dispute. If agreement is reached, the
increase will be effective as of the date originally noticed.
-3-
1 .- ;e-
After a reasonable period of time (in no event more than 20 days),
if no agreement is reached, either party may declare an impasse
and request the matter be referred to arbitration as hereinafter
provided.
VII
INITIATION OF ARBITRATION
Upon receipt of one or more requests for arbitration as
provided hereinabove, the, mobilehome owner(s) so electing.and the
owner shall immediately take steps to select an arbitrator, and
do anything else required to secure a speedy resolution of the
arbitration. If the parties cannot agree on the selection of an
arbitrator within ten (10) days, the arbitrator shall be selected
pursuant to the rules and procedures of the American Arbitration
Association.
VIII
ARBITRATION
The arbitrator shall determine the rights of the parties in
accordance with the law and the provisions of this agreement.
The award shall be subject to review as to the arbitrator's app-
lication of the law and facts in a hearing de novo by any court
t
having jurisdiction of the matter, whether or not any mistake of law
or fact shall appear upon the face of the award. Each party shall
be entitled to written findings of fact as to all issues determined
by the award. Subject to the above limitations and to Paragraph
XIII, the award granted by the arbitrator shall be binding upon
all parties to the arbitration.
-4-
14
IX
VENUE
For the purpose of litigation or arbitration, venue shall
lie in the North County Judicial District, County of San Diego,
State of California, or,•if such venue cannot be exercised, in
the Federal or State Court nearest to the North County Judicial
District, County of San Diego.
X
STANDARDS FOR ARBITRATION
The arbitrator shall give due consideration to the purposes
and intent of this agreement in reaching a decision. In determining
what is a fair rent increase and fair rate of return on the value
of the owner's property, the arbitrator may consider all relevant
facts, including but not limited to, the services and amenities
provided, the current value of the property and capital improvements,
the cost of new capital improvements, taxes, operating expenses, the
value of the mobilehome owner(s) coaches, their increased costs in
upkeep, including but not limited to, increased costs in electricity
and gas. However, whenever any testimony is submitted, the arbi-
trator shall make the determination to include or exclude any
testimony which ne feels is not germane and material to the dispute.
XI
ARBITRATOR'S DECISION
The arbitrator shall make a final decision within ten (10)
days after the conclusion of the arbitration proceedings and shall
notify the parties of such decision. The rent shall be determined
by the arbitrator and may be more or less than the amount of rent
noticed.
-5-
0
M
(1) The rent noticed pursuant to Paragraph II shall be
paid to owner according to the terms of that notice subject to
'I4
refund or surcharge and accrued interest as provided in this
Paragraph.
(2) The decision of the arbitrator shall be retroactive
to the effective date of the last notice of rent increase. Any
rent increases which have been collected by an owner pursuant to
an increase which is the subject of a mobilehome owner(s)'
request for arbitration and which is later determined by the
arbitrator to have been excessive, shall be credited to future
rent; such sums shall bear interest at the rate of Twelve (12%)
Percent per annum from the date of payment to the owner. Any
award,in excess of the noticed increase shall be immediately due
and payable; such sums shall bear interest at the rate of Twelve
(12%) Percent per annum from the effective date of the notice.
(3) The arbitrator's decision shall be in full force and
effect until changed by a court of competent jurisdiction.
XIII
COSTS
The costs of arbitration shall be paid one-half by the
owner and one-half by the mobilehome owner(s) electing to
arbitrate (on a pro rata basis).
XIV
INDIVIDUAL MOBILEHOME OWNER'S RIGHTS
mobilehome owner(s) shall have the right to form, join and
participate in the activities of residents' associations formed
for the purpose of performing the provisions of this agreement or
to refuse to form, join in, or participate in the activities
of such associations. mobilehome owner(s) shall
-6-
1
I
also have the right to negotiate individually and directly with
the owner, and to establish the terms and conditions of their
tenancies, including rent, by separate agreement with the owner
which shall supersede the terms and conditions of any negotiated
agreement between other mobilehome owner(s) and the owner, any
decision of any park committee or association and any decision of
the arbitrator. Owner shall not discriminate against any mobile -
home owner(s) for an exercise of the rights established -by this
Paragraph, or coerce any mobilehome owner(s) with respect to the
exercise of such rights.
XV
ENFORCEMENT
Both the owner and mobilehome owner(s) shall have the
right to enforce the terms of this agreement in any court of
competent jurisdiction.
XVI
APPLICABLE LAW
This agreement shall be interpreted according to California
law, and is not intended to supersede or contradict the laws of
the State of California generally or as they pertain specifically
to mobilehome parks, mobilehome park tents, or otherwise as they
are now enacted or enacted in the future by the California State
Legislature•or the California State Constitution.
Further, this agreement is specifically conditioned on
the City of Carlsbad not taking any action by way of ordinance
or moratorium to control or suspend rent increases in mobile -
home parks in Carlsbad.
-7-
i
f
XVII
SEVERABILITY
3
If any provision or clause of this agreement or the
application thereof to any person or circumstance is held to
be unconstitutional or to be otherwise invalid by any court of ;
competent jurisdiction, such invalidity shall not affect other
provisions or clauses, or applications thereof which can be
implemented without the invalid provision or clause or applica-
tion, and to this end the provisions and clauses of this agreement
are declared to be severable.
XVIII
EFFECTIVE DATE AND DURATION OF AGREEMENT
_ b
This agreement shall become effective at the date of
execution, and shall remain in force and effect until November 1,
t
1982. Any rent noticed during the term of this agreement shall }
be determined pursuant to the provisions of this agreement and i
the agreement shall survive for that purpose and that purpose only
past the termination date of November 1, 1982. Any rental in-
crease noticed at any time before November 1, 1982, will be subject
to the terms of this agreement and if disputtd, will be registered
and shall be subject to arbitration as provided in this agreement
even if process of negotiation and arbitration extend beyond 4
November 1, 1982.
XIX
SUCCESSORS IN INTEREST i
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This agreement shall be binding upon and inure to the
1
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IN WITNESS WHEREOF, the parties hereto execute this
agreement on the day and !
g y year following signatures hereinafter.
SOUTH SHORES DEVELOP T RP.
BY d 1981
JACK E. BINS
Presid t
t1
4
SPACE NO. 1981
MOBILEHOME OWNER(S) i
1
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t
SPACE NO. 1981
MOBILEHOME OWNER(S)f
l
1
I HAVE ASSIGNED MY NEGOTIATING RIGHTS TO
i
(NAME OF ASSOCIATION)
AND HAVE GIVEN THEM A POWER OF ATTORNEY TO ACT IN MY BEHALF ON ALL {
ISSUES ARISING OUT OF THIS AGREEMENT.
i
SPACE NO. 1981
MOBILEHOME OWNER (S)
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MOBILEHOME OWNER S SPACE N0. 1951
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S
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LAKE SHORE GARDENS ASSOCIATION
Chapter 863 Region 7
GOLDEN STATE MOBILE HOME OWNERS LEAGUE, INC.
7217 San Miguel, Carlsbad, Ca. 92008
BULLETIN NO. 32
From: Will HALL, President
To: All Mobile Home Owners of Lake Shore Gardens
April, 1981
WE NEED DDLUNTEERS FOR SECRETARY AND TWO BOARD MEMBERS::: Se:;retary Marg POFAHL
and Board Member Francis MAC GRATH have resigned for personal reasons, and Dick
LINDROTH has resigned as they are moving to Sun City, Arizona. PLEASE'VOLUNTEER
FOR THESE'POSIT_IONS. N-O-W N-O-W. We need YOU.
NEW ITEM: The Carlsbad City Council, on April loth, passed the second reading
of the Ordinance which places the four existing parks under the zone umberella.
So, on May 10th, we will be automatically zoned.
At that council meeting an ;interesting incident happened. There were two (2)
openings on tl.e city planning commission. All five council members voted for
a gentleman from La Costa for one opening. For the second, Bob'MOSHrR of Rancho
Carlsbad was a nominee. He is very well qualified. Vice Mayor CASLER spoke
for him; as she felt the commission needed broader representation. Councilman
LEWIS agreed with her. Councilwoman KULCHIN spoke in favor of an attorney.
Vice Mayor CASLER and Councilman LF.WIS voted for Bob MOSHER. Mayor PACKARD and
council members ANEAR and KULCHIN voted for the attorney. So we mobile home
owners are still without representation on the commission, and the developers
have another -attorney seated.
NEW ITEM: Please note the happenings at Rancho•Carlsbad. As most of you are
aware- titration has been asked for by both parties. This ability to fall
back on the arbitration proceeding is what we wanted with the proposed,city
ordinance. The proceedings will be under the California Commercial Arbitration
Law. It will be binding on both parties. If requested, the arbitrator DOES have
the authority to subpoena any and all records and books to prove the necessity,
or size of, a users fee increase. Vice President RAWLINS and I sat in a meeting
with John SCRIVENER, head of the San Diego Region of the American Arbitration
Association. I personally feel arbitration will work. The one major item is
that PARTIES MUST BE ABSOLUTELY AND COMPLETELY PREPARED!!'! Rancho's hearing
will be the very FIRST one in the state.
NEW ITEM: NOW IS THE TIME TO CONTACT YOUR LEGISLATORS AND ASK THEM TO VOTE FOR
CERTAIN LEGISLATION. If you don't like to write letters, it is easy and cheaa
to send a Mailgram or political opinion message (POM). Just cal.. Western Union
and follow these simple steps.
MAILGRAMS: Tell WU what you'd like to say in 100 wo;;ds or leso for
$2.95. You can add 100 words or less fw- only
Your mailgram will arrive on your legislators desk ti,e
next day.
_ 1 : A. J
2
?OLITICAL For $2. WU will allow you 15 words or less to express
OPINION your concerns to your legislator. Just tell WU who
MESSAGE your legislator is and give your message.
Mailgrams and POM's can be billed to your phone number, Master Charge or VISA.
Howard COPPENBARGER--a former newspaper editor --will assist any person to compose
a message. Many of you give me credit .for good writing, but I happily admit
the polish and correctness are due to COPP's editing.
Right now SB 231, which. is GSMOL bill to eliminate the 17 year law, is due for
a hearing May 5 before the Senate Judiciary Committee. Address Senators RAINS,
DAVIS, BEVERLY, DOOLITTLE, MARKS, PETRIS, PRESLEY, ROBERTI and/or SIERATY.
Later on, when the'bill gets to the floor, we will be asking you to contact
your local senator or assemblyman and any others you may happen to be acquainted
with.
Other bills which are of great importance to mobile home owners='are as follows:
AB 256, to allow adult only parks; AB 1324, which makes violation of the -Mobile
Home Park Residency Law a,misdemeanor and•thus allows district attorneys to
enforce it, rather than having to depend upon health and s4fety; AB 2073,
gives residents right of ^irst refusal to purchase parks; AB 1598, prevents_
individual rental increase for prospective purchase;"s of your mobile home.
When AB 899 (Moorehead) Comes up,,O-P-P-0-S-E I-T::::: It would take away
many provisions of the present mobile home residency laws.
NEW ITEM: Recently I vas given a copy of the written lease suggested to park
owners by the WMA and asked whether I could recommend it. I had 25 copies made
and have given them to several persons asking for an evaluation. My own lea
action is that we would be'better off without one, if this is the best we could'
get. 'State law requires a RENTAL AGREEMENT, and I stress agreement. ,This one
is very park owner oriented: I CAN NOT recomment it, however I will follow the,
dicatates of the persons of whom I have asked opinions. Early reaction from
them appears, to be it needs major change.
L
I
1200 ELM AVENUE . ,
CARLSBAD, CALI0bRNIA-92008
Citp of CarWbab
CENTRAL SERVICES DEPARTMENT
May 20, 1981
TELEPHONE:
(7i 4) 438.5535
Mr. John Bishop
GSMOL President 945
326.Acadia Lane SR
San Rafael, CA 94903
Subject: Mobilehome Mutual Rent Agreement
Dear Mr. Bishop:
The Carlsbad City Council placed a moratorium on mobilehome rent in-
creases in the City. The matter was discussed at several council
meetings, received a great deal of public input at those meetings,
drafted a couple of different versions of an ordinance which would
regulate rents in mobilehome parks. Following extensive hearings,
discussions, and work on the matter, Council did not adopt any type
of ordinance which would regulate rents in mobilehome parks.
Many hours of many people were spent in efforts to eliminate a need
for an ordinance regulating mobilehome rents. Each park owner in the
City has reached a voluntary agreement with their respective residents.
while this may not respond to your needs, I hope it at least lets you
know the status of the matter in Carlsbad. If I can provide you with
any additional information, let me know.
Sincorvly,
ALETIIA RAUTENMNIZ
City Clerk
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