Chapter 2.31
MOBILEHOME RENT REVIEW COMMISSION

Sections:

2.31.010    Creation.

2.31.020    Purpose and intent.

2.31.030    Functions and duties.

2.31.040    Membership.

2.31.050    Term of office.

2.31.060    Operation of commission.

2.31.010 Creation.

There is hereby created a mobilehome rent review commission. (Ord. 2451 § 1, 1991).

2.31.020 Purpose and intent.

It is the purpose and intent of the city council, in establishing the commission, to create an advisory body to provide an independent review of the disputes over rent increases in mobilehome parks within the city of Chula Vista under Chapter 9.50 CVMC. (Ord. 2451 § 1, 1991).

2.31.030 Functions and duties.

The functions and duties of the commission shall be as follows:

A. Pursuant to Chapter 9.50 CVMC, act as the “due process” unbiased decisionmaker regarding mobilehome park rent disputes.

B. Adopt rules and regulations to procedurally administer hearings under Chapter 9.50 CVMC to determine whether the park owner’s rent increase is in excess of the applicable cost of living increase or is a fair return on the park owner’s property.

C. Consult with and provide advice to the city council and city manager on matters relating to mobilehome parks. (Ord. 2451 § 1, 1991).

2.31.040 Membership.

A. Number of Members. The commission shall consist of up to five voting members, a staff ex-officio member and up to two general ex-officio members.

B. Designation of Members.

1. Voting Members. The voting members shall be appointed by the city council from the qualified electors of the city in accordance with Section 600, et seq., of the Charter. No member shall own or be a tenant in a mobilehome park.

2. Staff Ex-Officio Member. The city manager or his/her designate representative shall be an ex-officio member of the commission, who shall not be required to be a qualified elector of the city, but who shall have no vote (“staff ex-officio member”).

3. General Ex-Officio Members. The city council, or its designee, may appoint not greater than three additional ex-officio members of the commission, who shall not be required to be qualified elector(s) of the city, but any such appointed ex-officio member shall have no vote (“general ex-officio member”). The council shall appoint one ex-officio member who shall be a tenant in a mobilehome park within the city at the time of appointment and throughout the member’s term. The council shall also appoint one ex-officio member who shall be an owner of a mobilehome park within the city at the time of appointment and throughout the member’s term. (Ord. 2804, 2000; Ord. 2502 § 3, 1992; Ord. 2451 § 1, 1991).

2.31.050 Term of office.

A. Term of Office – All Classes of Members.

1. Post-Initial Terms. Except as otherwise provided in this subsection (A), the term of office of all members, and all classes of members, of said commission shall be for a nominal period of four years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office.

2. Initial Terms of Voting Members. Notwithstanding subsection (A)(1) of this section, the initial terms shall commence upon appointment and shall conclude for one voting member on June 30, 1993; for two voting members on June 30, 1994; for two voting members on June 30, 1995, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office.

a. Assignment to Initial Terms by Lot. Voting members shall be assigned to initial terms by lot at the first regular meeting at which all voting members are present, but in any event not later than the third month after initial appointment of the final voting member.

3. General Ex-Officio Member. The term of general ex-officio members shall be for a period of four years from the time of appointment.

4. Staff Ex-Officio Member. The term of the staff ex-officio member shall be indefinite.

5. Holdover Office. Notwithstanding the end of any member’s initial term or post-initial term as herein provided, a member, other than the staff ex-officio member, shall be permitted to continue to exercise the privileges of the former office after the end of the term until the office to which he or she was assigned is filled by reappointment or by the appointment of a qualified successor to office.

6. Vacancies. Notwithstanding the term of office to which a member is assigned, said office shall be deemed vacant upon any of the following events (“event of vacancy”):

a. The death or disability of said member that renders said member incapable of performing the duties of office.

b. The termination of status as member of the commission or the classification which was assigned to be represented on the commission.

c. The member’s conviction of a felony or crime involving moral turpitude.

d. The member’s absence from three regular, consecutive meetings of the commission, unless excused by majority vote of such board or commission, expressed in its official minutes.

e. The member has submitted a resignation, which resignation has been accepted by the city council.

f. The membership has been terminated by a majority vote of the city council.

Upon the occurrence of an event of vacancy as hereinabove listed, the city council shall so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy.

B. Number of Terms.

1. Voting Members.

a. No voting member shall be appointed to more than two terms except as herein provided.

b. A voting member assigned to an initial term of less than two years may be appointed at the natural expiration of their initial term to two terms in addition to their initial term. A voting member who currently occupies an office under an initial term may not be appointed to fill the unexpired term of another office which has become vacant.

c. A voting member appointed to the commission to fill the unexpired term of an office of a voting member which has become vacant (“unexpired term”), which has less than two years remaining on said unexpired term, may be appointed to two terms in addition to their unexpired term. A voting member who currently occupies an office may not be reappointed to fill the unexpired term of another office which has become vacant.

d. Any member may be reappointed after two successive years of not serving on the commission in any office or membership capacity – voting, general ex-officio or staff ex-officio.

2. General Ex-Officio Members. General ex-officio members may be reappointed without limitation as to number of terms.

3. Staff Ex-Officio Member. The staff ex-officio member shall serve at the pleasure of the city council. (Ord. 2502 § 1, 1992; Ord. 2451 § 1, 1991).

2.31.060 Operation of commission.

A. Time of Meetings.

1. Organizational Meeting. Among such other meetings as the commission may desire to have, the commission shall meet not later than in the first week of July each year (“organizational meeting”), and thereupon shall do the following:

a. Select a chair and a vice-chair from among its voting members to serve for a period of one year.

b. Assign such duties to its members as it determines may be necessary.

c. Deliberate upon agenda issues for further deliberation and discussion by the commission.

2. Other Meetings. The commission shall meet at such other times as it shall establish by majority vote, or at such time as the chair thereof may call, or at such times as a majority of the members thereof may call a meeting.

B. Place of Meetings. Unless the commission shall otherwise establish another regular place for its meetings and advise the city clerk accordingly, the commission shall meet in the Council Conference Room in the Administrative Building at the City Hall Complex located at 276 Fourth Avenue, Chula Vista, or at such other place as may be posted upon the door of said conference room at least 30 minutes in advance of the meeting.

C. Conduct of Meetings. The meetings of the commission, and notice thereof, shall be governed by the same rules and regulations by which the city council is bound in the conduct of public meetings.

D. Quorum. Three voting members shall constitute a quorum for the transaction of business.

E. Resolutions. The affirmative vote of a majority of the entire membership shall be required for the passage of any resolution of the commission.

F. Reports and Recommendations. All reports and recommendations shall be made in writing.

G. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the commission. The city manager may make available staff and clerical support to the commission to fulfill its functions and duties, provided such staff and clerical support is available.

H. Rules and Regulations. The commission may make such rules and regulations not inconsistent with the provisions of this chapter. (Ord. 2502 § 2, 1992; Ord. 2451 § 1, 1991).