Re: Rancho Verde Mobilehome Park, CIPT Dear Mobile Home Owner / Resident, Here is a summary of what is included, and why:
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- Sylvia Welch
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1 September 21, 2017 Re: Rancho Verde Mobilehome Park, CIPT Dear Mobile Home Owner / Resident, City Council Jake Mackenzie Mayor Pam Stafford Vice Mayor Amy O. Ahanotu Gina Belforte Joseph Callinan Councilmembers Darrin Jenkins City Manager Don Schwartz Assistant City Manager Michelle Marchetta Kenyon City Attorney Karen Murphy Assistant City Attorney JoAnne Buergler City Clerk Betsy Howze Finance Director Brian Masterson Director of Public Safety John McArthur Director of Public Works and Community Services Mary Grace Pawson Director of Development Services Victoria Perrault Human Resources Director Enclosed in this letter are a series of documents relating to a petition for Capital Improvement Pass-Through requested by RVP Rohnert Park, LP, the owner of the Rancho Verde Mobilehome Park located at 750 Rohnert Park Expressway. You are being provided these documents pursuant to the Rohnert Park, Mobile Home Ordinance and the Rent Appeals Board Rules and Regulations. The hearing to consider the Capital Improvement Pass-Through request has been scheduled for Thursday, November 2, 2017 to begin at 11:00 A.M. at Rohnert Park City Hall in the Council Chambers, located at 130 Avram Avenue, Rohnert Park, California. Here is a summary of what is included, and why: Notice of Receipt of Petition (Form 7.A). Form 7.A provides a summary of the Capital Improvement Pass-Through Petition submitted by RVP Rohnert Park, LP ( Owner ), on December 12, 2016 (the Petition ). The Petition seeks approval from the Rental Appeals Board ( RAB ) to allow the Owner to charge the tenants of the Rancho Verde Mobilehome Park ( Park ) an additional $8.79 per month, per space, for seven (7) years to recover the cost of various site improvements and purchases, including: tree removals, gravel replacement, work in the pool and spa area, air conditioning replacement in clubhouse, and purchase of a golf cart, truck, and maintenance equipment. Response to Petition (Form 7.B). Form 7.B allows any person affected by the Petition to respond to the Petition in writing. However, a response is not required. If you intend to file a response using Form 7.B, it must be received by the RAB with a copy to the Owner by Friday, October 13, The information in the response will be considered at the Petition hearing, but the response may not be considered as evidence, and is not a substitute for appearing at the hearing. Proposed Witness List (Form 7.C). Please use Form 7.C for any witnesses that you wish to testify at the Petition hearing. If you intend to file a witness list, it must be received by the RAB with a copy to the Owner by October 19, Avram Avenue Rohnert Park CA (707) Fax (707) OAK # v1
2 Notice of Pre-Hearing Conference and/or Scheduled Hearing (Form 8). No pre-hearing conference is scheduled for the Petition. Form 8 provides information regarding the Petition hearing to be held by the Hearing Examiner, Valerie J. Armento, Esq. of the law firm Atkinson Farasyn, LLP. Designation of Representative Proxy (Form 16). By filling out Form 16, individuals can provide a designated proxy to represent them at the Petition hearing. Mobile Home Ordinance. A complete copy of the City of Rohnert Park, Mobile Home Ordinance ( Ordinance ) is enclosed with this letter. The Ordinance was adopted by Initiative Election held on December 8, The Ordinance establishes maximum allowable space rents that may be charged within all Rohnert Park mobile home parks. The Ordinance requires approval by the RAB before any mobile home space rents can be increased. The Ordinance allows annual general adjustments (based on Consumer Price Index) and other rent adjustments. Chapter 5. Landlord Petitions. Chapter 5 from the RAB Rules and Regulations implements the Ordinance. Among other things, Chapter 5 outlines the steps that a mobile home park landlord (mobile home park owner) must take, and the evidence that must be submitted, to request an adjustment in rent for Capital Improvement Pass Throughs. Chapter 7. Hearing Process. Chapter 7 from the RAB Rules and Regulations outlines the hearing process that will be followed for consideration of the Petition. Chapter 7 describes how the hearing will be conducted, the rights and responsibilities of the parties, the procedure for the Hearing Examiner to issue a decision, and the right to appeal that decision to the RAB. You may call me at (707) or me at jbeiswenger@rpcity.org with any questions. Regards, Jeffrey S. Beiswenger Staff Liaison, Rent Appeals Board OAK # v1
3 CITY OF ROHNERT PARK RENT APPEALS BOARD NOTICE OF RECEIPT OF PETITION Dated: September 21 Petition No. CIPT Rancho Verde Mobilehome Park Dear Mobile Homeowner/Resident: The Rohnert Park Rent Appeals Board has received a Petition filed by Landlord: RVP Rohnert Park LP ( Owner ) of the Rancho Verde Mobilehome Park located at 750 Rohnert Park Expressway for a total reimbursement of $192, The owner seeks reimbursement in seven (7) years with a 4.03% rate of return. The owner seeks repayment for the following activities: tree removals at multiple sites; gravel replacement in the RV parking areas; equipment, resurfacing, fencing, and gate replacement in pool and spa areas; air conditioning replacement in the clubhouse; golf cart purchase with equipment (replacement); truck purchase (replacement); and purchase of maintenance equipment. A full copy of the petition is included along with this form. The Petition is for: Landlord: An Individual Adjustment (Section 6 of the Ordinance[ ]) X Application for Capital Improvement Pass-Through (Ordinance 6.a. [ ]; Rules and Regulations 5.05 through 5.14) Review of Denial of the Imposition of an Annual General Adjustment (Rules and Regulations 5.03) Review of a Decision Finding a Failure to Comply with the Registration Requirements of the Ordinance (Rules and Regulations 5.04) Homeowner/Resident: Discontinuance or Substantial Reduction in Housing Service (Ordinance 6.B.1.a. [ B.1.a.]; Rules and Regulations 6.02) Improper Registration (Section 3 of the Ordinance [ ]; Rules and Regulations 6.03) Landlord's Failure to Abide by the Temporary Rent Freeze from December 17, 1987 through January 16, 1988 (Ordinance 4.A [ A]; Rules and Regulations 6.04) Landlord's Failure to Properly Roll Back Rents (Ordinance 4.B [ B]; Rules and Regulations 6.05) Landlord's Failure to Post Notice of Maximum Allowable Rent (Ordinance 4.C [ C]; Rules and Regulations 6.06) Landlord's Improper Utility Increase(s) (Ordinance 5.B [ B]; Rules and Regulations 6.07) Landlord's Improper Banking Increase (Ordinance 5.C [ C]; Rules and Regulations 6.08) Homeowner's/Resident's Defense to Annual General Adjustment (Ordinance 5.D [ D]; Rules and Regulations 6.09) Homeowner's/Resident's Defense to Individual Rent Adjustment Increase (Ordinance 6.B.1.b [ B.1.b]; Rules and Regulations 6.10) FORM #7.A -OVER- [Res , 9/2/93; Res , 10/19/95] RentApp\R&R\R&R1998:Forms for CIPT 2017.docx - A1 - Printed: 9/21/2017
4 CITY OF ROHNERT PARK RENT APPEALS BOARD Enclosed for your information and review are the following documents: 1. Chapter 7 of the Rules and Regulations regarding the hearing process. 2. Chapter 5 of the Rules and Regulations regarding the petition issues. 3. Copy of Ordinance No Response to Petition (Form #7.B.) The Response to Petition (Form #7.B.) must be received by the Rent Appeals Board on or before October 13, 2017 (15 calendar days from the date of this notice). If you have any questions concerning your rights under Ordinance No. 494, you may contact City staff at (707) A complete copy of the Rohnert Park Rent Appeals Board's Rules and Regulations may be obtained from the City. Date: September 21, 2017 For the Rent Appeals Board Attachments cc: Hearing Examiner Rent Appeals Board Members City Attorney Representatives of Park Owner and Park Homeowners/Residents City Manager FORM #7.A [Res , 9/2/93; Res , 10/19/95] RentApp\R&R\R&R1998:Forms for CIPT 2017.docx - A2 - Printed: 9/21/2017
5 CITY OF ROHNERT PARK RENT APPEALS BOARD RESPONSE TO PETITION* Petition No. Mobilehome Park (I) (We) respond to the petition filed by as follows: (You may attach any submissions along with this form.) (I) (We) desire the following action: An inspection of the mobilehome park by: [ ] the Rent Appeals Board [ ] a State Inspector [ ] a City Inspector Other: (specify) Dated: Signature: Print Name: Address: Telephone: *NOTE: A response is not required. However, if a party chooses to submit a response, it must be received by the Board and a copy sent to the opposing party(ies) within fifteen (15) calendar days of the Rent Appeals Board's mailing notice of the hearing, as set forth in Section 7.03.B.2 of the Rules and Regulations. FORM #7.B [Res , 9/2/93] RentApp\R&R\R&R1998:Forms for CIPT 2017.docx - A3 - Printed: 9/21/2017
6 CITY OF ROHNERT PARK RENT APPEALS BOARD PROPOSED WITNESS LIST* Petition No. Mobilehome Park (I) (We) intend to call the following witness(es). (You must include a brief summary of each witness's proposed testimony and a time estimate.): (I) (We) expect (state the estimated number) people will attend the hearing. Dated: Signature: Print Name: Address: Telephone: *NOTE: The list of witnesses and the estimated number of people attending the hearing must be provided to the Board no later than ten (10) calendar days before the hearing, as set forth in Section 7.10 the Rules and Regulations. FORM #7.C [Res , 9/2/93] RentApp\R&R\R&R1998:Forms for CIPT 2017.docx - A4 - Printed: 9/21/2017
7 CITY OF ROHNERT PARK RENT APPEALS BOARD NOTICE PRE-HEARING CONFERENCE AND/OR SCHEDULED HEARING Date: September 21, 2017 Petition No. CIPT Rancho Verde Mobilehome Park Dear Mobile Homeowner/Resident: The Rohnert Park Rent Appeals Board has scheduled a Petition (Pre-Hearing Conference and/or Hearing). 1) The Pre-Hearing Conference (as per Rules and Regulations, Section 7.04F) has been scheduled for: n/a 2) The Hearing has been scheduled for: Date: November 2, 2017 Time: To be conducted by: Valerie J. Armento, Esq. of the law firm Atkinson Farasyn, LLP, Los Altos, California, Hearing Examiner To be held at: City Council Chambers 130 Avram Avenue, Rohnert Park, California The purpose of the Pre-Hearing Conference and/or the Hearing is regarding: Consider a landlord petition submitted by RVP Rohnert Park LP ( Owner ) of the Rancho Verde Mobilehome Park located at 750 Rohnert Park Expressway for a total reimbursement of $192, The owner seeks reimbursement in seven (7) years with a 4.03% rate of return. The owner seeks repayment for the following activities: tree removals at multiple sites; gravel replacement in the RV parking areas; equipment, resurfacing, fencing, and gate replacement in pool and spa areas; air conditioning replacement in the clubhouse; golf cart purchase with equipment (replacement); truck purchase (replacement); and purchase of maintenance equipment. On or before October 23 (10 calendar days before the Hearing), a Proposed Witness List (Form #7.C) should be provided to the Rent Appeals Board. Also, individuals can provide Designation of Representative Proxy (Form #16) to indicate their representative at the prehearing conference and/or the hearing. Any information you may deem relevant to support your position or to challenge the Petition should be provided to the City prior to the hearing. Written statements and information (Form #7.B) to be considered at the hearing may be submitted no later than: October 13 (15 calendar days from the date of this notice; refer to Form #7.A, attached). Sincerely, For the Rohnert Park Rent Appeals Board cc: Hearing Examiner Representatives of Park Owner and Park Residents Rent Appeals Board Members City Manager City Attorney [Res , 9/2/93] RentApp\R&R\R&R1998:Forms for CIPT 2017.docx - A5 - Printed: 9/21/2017
8 CITY OF ROHNERT PARK RENT APPEALS BOARD DESIGNATION OF REPRESENTATIVE PROXY Petition No. Mobilehome Park I authorize (print) to represent me at the hearing, to provide evidence and testimony, to negotiate and sign on my behalf a voluntary agreement, and to bind me to any stipulation, decision, or other action taken at the hearing. Dated: Signature: Print Name: Address: Telephone: FORM #16 [Res , 9/2/93] RentApp\R&R\R&R1998:Forms for CIPT 2017.docx - A6 - Printed: 9/21/2017
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