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6.60.010 <br />mobilehome parks within Pleasanton. <br />D. During 1991, the park owners and <br />mobilehome residents expressed to the <br />city that they were interested in negoti- <br />ating anew agreement. The city spon- <br />sored and facilitated extensive negotia- <br />tions to eliminate the need for the ordi- <br />nance first adopted in 1992. It was <br />assisted by the Pleasanton mobilehome <br />committee consisting of park owner <br />representatives and mobilehome resi- <br />dent representatives. After several <br />months of negotiations, a new rent <br />stabilization agreement ("the March 17, <br />1992 agreement") was developed and <br />approved by the park owners and the <br />city. However, one of the park owners <br />would not sign the new agreement. <br />Without benefit of an agreement to <br />stabilize mobilehome rents, a park <br />owner could impose whatever rent he <br />or she chose, to the detriment of the <br />mobilehome residents. In fact, the one <br />park owner who would not sign the <br />March 17, 1992, agreement has raised <br />the rents on mobilehome spaces within <br />his park during 1992 at a rate higher <br />than what is permissible under either <br />the January 19, 1988, agreement or the <br />March 17, 1992, agreement. <br />E. Despite the efforts of the city and <br />the Pleasanton mobilehome committee, <br />the one park owner refused to enter into <br />the March 17, 1992, agreement and ac- <br />cordingly, ~ the city adopted an ordi- <br />nance, later modified, to stabilize <br />mobilehome rents in parks owned by <br />owners who chose not to enter into the <br />March 17, 1992, agreement. <br />F. As to the mobilehome park at <br />4202 Stanley Boulevard, this chapter <br />establishes 1992 as the base year for <br />purposes of determining fair return <br />adjustments (section 6.60.060 of this <br />chapter) and as part of that process, <br />looks to the base year gross income; <br />base year gross income is predicated on <br />the base year rents. <br />G. Under the then existing ordinance, <br />the park owner of the property at 4202 <br />Stanley Boulevard (the Pleasanton <br />mobilehome park) believed that the <br />base year (i.e., 1992) rents were not <br />reasonable or did not reflect general <br />market conditions and petitioned for an <br />adjustment to the base year rents. In <br />1995, a hearing officer determined that <br />effective February 1, 1993, the monthly <br />rent for the spaces in that park was <br />three hundred thirty five dollars <br />($335.00). The hearing officer did not <br />determine the monthly rents for 1992, <br />but because those rents were between <br />two hundred twenty two dollars thirty <br />one cents ($222.31) and three hundred <br />two dollars eleven cents ($302.11) <br />(depending on the space), presumably <br />those rents should have been higher in <br />1992 (than the $222.31 to $302.11) in <br />order to yield the three hundred thirty <br />five dollar ($335.00) per month rent <br />effective February 1, 1993. According- <br />ly, should there ever be a fair return <br />adjustment petition for that park, the <br />gross income for the base year (1992) <br />shall be deemed three hundred twenty <br />eight dollars fifty five cents ($328.55) <br />per space. <br />H. The March 17, 1992, agreement <br />was due to expire on December 31, <br />1996, and the parties to that agreement <br />met during 1996 to discuss the terms <br />(Pleasanton February 2002) 192-38 <br />