HomeMy WebLinkAbout10/06/1992, C1 - MINUTES City Council Meeting Page 4
Tuesday, September 15, 1992 - 7:00 P.M.
response to a request from Mr. Bill Henson and a petition signed by 239 mobilehome owners
requesting that staff bring back the report on the legal validity on the Mobile Home Park Vacancy
Control Regulations in light of Supreme Court decision in Lee vs. Escondido.
Dennis Law,representing Creekside Mobilehome Park,stated that he felt insufficient public notice had
been provided to the tenants. He had 4 concerns: 1) that historically the ordinance has worked
without problems and that the City cannot identify any abuses by park owners; 2) the City faces
significant litigation expenses and risks if the proposed amendments are adopted; 3) the elimination
of the °safe harbor° exemption is illegal; and 4) the procedures the City is utilizing to consider
adoption of the proposed amendment are unfair.
Jeff Jorgensen stated that he had recent communications with Mr. Evans, who represented the
Creekside Mobilehome Park, and that he believed sufficient notice had been provided. He told him
at that time that the item would be discussed on September 15 and that the materials would be
available by September 4. He had follow-up discussions with him during that time.
Vice-Mayor Rama declared the public hearing open.
Allen Settle stated that he was familiar with the ordinance having been a part of its earlier adoption
as a Council person and he spoke in support of reinstating vacancy control.
Ward Spencerresident of Creekside, read a prepared letter into the record also supporting vacancy
decontrol.
Jim Wells, 1032 Carey Dr. and a tenant in the Laguna Lake Mobilehome. Park, urged support of
vacancy decontrol.
Betty Henson. 1865 Thelma Dr., Laguna Lake Mobilehome Park, also urged support of the vacancy
decontrol.
Bill Henson, 1865 Thelma Dr., Laguna Lake Mobilehome Park, agreed with previous comments
speaking in support of vacancy decontrol.
Leslie . Thelma Dr., spoke in support of rent control.
Lloyd Dietrich, resident of the Laguna Lake Mobilehome Park, also spoke in support of rent control.
Tommy LaFia. 1121 Orchid, spoke in support of the ordinance.
Sam McMillan, 1121 Orchid Space 36, spoke in support of the proposed ordinance.
Gay Benson.Lima Dr.and a previous member of the Mobilehome Rent Control Ordinance Committee,
spoke in support of vacancy decontrol.
Tenn Terrill, 1037 Stephanie Dr. and tenant in a mobilehome park, spoke in support of reinstating-the
ordinance.
Dennis Law. representing several of the mobilehome parks, reviewed the history of rent control and
again reviewed the points identified in his letter as to the reasons that this should be deleted.
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Tuesday, September 15, 1992 - 7:00 P.M.
David Evans took exception that sufficient notice had been provided him and urged that the ordinance
be retained as is.
Bill Wilson. 274 Higuera and an owner of a mobilehome park, spoke in support of retaining an
ordinance.
Pat Fleming, manager of Creekside Mobilehome Parks, reviewed how sales had been steady during
this time of decontrol and again urged the Council to leave it as is.
Glen Johnston. owner of a small mobilehome park, spoke in support of leaving the ordinance as is
and urged the Council to give further study prior to taking action.
Ed Evansowner of Creekside Mobilehome Park,also urged the Council retain the current ordinance.
He stated that as a part of their leases, he had provided several concessions over the last 10 year
lease and believed that he would be harmed should the vacancy decontrol be reinstated.
Bob Anderson, owner of the Rancho Mobilehome Park, stated that he had helped write the current
ordinance and urged its retention.
Merk Munson. spoke in support of retaining the ordinance. He stated that there had been no
significant problems with the ordinance so don't fix something that is not broke.
Vice-Mayor Raoga declared the public hearing closed.
Jeff Jorgensen, City Attorney, summarized the options for the Council which included Option 1) that
in light of the unsettled legal issues concerning regulatory takings and the high probability that
litigation would be forthcoming if the City reinstates vacancy decontrol,the Council may wish to defer
action until such time as the legal issues have been clarified; Option 2) if the Council wished to
reinstate vacancy decontrol, they would introduce the ordinance included in their packet; Option 3)
if they wished to delete the exemption from the Rent Stabilization Ordinance for parks with 66.670/a of
the spaces under lease agreements and parks with condominium ownerships, Council should
introduce Attachment B in their packet; Option 4) if the Council desired vacancy control and delete
the exemptions,they should consider adopting both of the ordinances; and Option 5) if the Council
had additional concerns or revisions, to continue the item with appropriate direction to staff.
8:40 PM Vice-Mayor Raooa declared a recess.
8:55 PM City Council reconvened; all Councilmembers present with the exception of Mayor Dunin.
Councilman Roalman stated that he would like a clear record of what the rent increases had been
since vacancy decontrol was removed in 1990. Because of the unsettled nature of the legal issues
and the Supreme Court decision is currently being reviewed, he would recommend continuance.
Councilman Reiss agreed with the comments made by Councilman Roalman and would support a
continuance.
Councilwoman Pinard felt that sufficient notice had been provided as she had contacted by various
owners in the last two weeks requesting to discuss the issue.
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Tuesday, September 15, 1992- 7:00 P.M.
Councilwoman Rappa had reviewed the previous court cases, briefly reviewed the history of Measure
D and the problems that had been inherent up until vacancy decontrol had been instituted. She did
not believe it constituted a physical taking of the property and would be supportive of putting vacancy
decontrol back into the ordinance. She believed the ordinance allowed for a fair rate of return through
the park owner.
Councilwoman Pinard also supported the vacancy decontrol measure.
Moved by Roalman/Reiss to direct staff to solicit input from the public and document the findings for
implementing vacancy decontrol; motion carried (4-0-1, Mayor Dunin absent).
Moved by Roalman/Reiss to continue this item to date certain October 20, 1992 and in addition,solicit
additional input from the public, document findings for implementing vacancy decontrol to further
identify the impacts of continuing the provisions for people under lease not subject to vacancy
decontrol; motion carried (3-1-1, Councilwoman Rappa voting no and Mayor Dunin absent).
Mayor Dunin returned to the dias.
2. CITY/COUNTY LIBRARY COMMUNITY ROOM FEES (File No. 109)
Council held a public hearing to consider charging fees to the public for the use of Conference Room
and the Community Room at the City/County Library.
Ken Hampian.Acting City Administrative Officer,reviewed the agenda report with the recommendation
that Council adopt a resolution which would establish fees for using the Community Room and
Conference Room located at the City/County Library.
Upon question by Councilwoman Rappa, he stated that approximately 70%of the groups that use the
facility are non-profit.
Mayor Dunin declared the public hearing open.
Allen Settle. 1244 Drake Circle, spoke in opposition to charging non-profit groups.
Shirley Smith. Tulusa Road in Atascadero, spoke in support of exempting non-profit groups.
Lance Evans, representing the Chamber of Commerce, also was opposed to the proposed charges
for non-profit
Peggy Cotian, 253 Via San Blas and representing SLO Thinkers,also asked that the Council consider
having smaller increments of blocks of time. She suggested 3 hours rather than 6 hours and that no
charge be assessed non-profit groups.
Mayor Dunin declared the public hearing closed.
Councilwoman Rappa supported exempting non-profit groups at least on weekends. She was not
comfortable with the staff recommendation. She was interested in what other communities charge
and suggested at looking at ways to compensate for the loss of revenues.
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Tuesday, September 15, 1992 - 7:00 P.M.
Councilwoman Pinard commented that the City/County Library is currently paid for by City taxes. She
felt it was double taxation to charge non-profit to use the facility.
Councilman Reiss suggested some definition be used for non-profit groups. He was not necessarily
supportive of completely exempting non-profit but maybe some percentage less than that charged
businesses. He could support 3 hour time increments.
After discussion, moved by Raooa/Pinard to continue this item to date certain October 20, 1992 with
staff directed to bring back a revised fee schedule reducing the costs to non-profit, provided a
definition as to what constitutes "non-profit", propose a fee for 3 hour increments, and conduct a
comparison of fees charged in other communities. Motion carried (5-0).
3. ZONING AMENDMENTS - CHILD CARE FACILITIES (File No. 463)
Council held a public hearing to consider a Planning Commission recommendation to amend the
Zoning Regulations regarding day care facilities.
Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the
recommendation that Council introduce an ordinance to print approving a mitigated negative
declaration of environmental impact and amending the Zoning Regulations for day care as
recommended.
Mayor Dunin declared the public hearing open.
No one speak for or against the proposed ordinance.
Mayor Dunin declared the public hearing closed.
Moved by Roalman/Dunin. Ordinance No. 1225 was introduced to print as recommended; Motion
carried (5-0).
BUSINESS ITEMS
4. AMBULANCE SERVICES (File No. 714)
Council considered confirming the City's intent to negotiate a new agreement with the County for the
regulation of ambulance services.
Bob Neumann. Fire Chief, briefly reviewed the agenda report with the recommendation that Council
adopt a resolution requesting the County to negotiate a new ambulance agreement between the cities
and the county and designating the City Managers/Fire Chiefs Committee on Ambulance Services as
the bargaining group for the cities as recommended.
After brief discussion, moved by Rappa/Reiss, Resolution No. 8068 was adopted as recommended;
motion carried (5-0).
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Tuesday, September 15, 1992 - 7:00 P.M.
5. EMERGENCY RESPONSE PLAN (File No. 714)
Council considered a Multihazard Emergency Response Plan.
Bob Neumann. Fire Chief, briefly reviewed the agenda report with the recommendation that Council
adopt a resolution approving the plan as recommended.
Moved by Raana/Reiss. Resolution No. 8069 was adopted as recommended; motion carried (5-0).
COMMUNICATIONS
There were no Communications.
10:55 P.M. Mayor Dunin adjourned the meeting to closed session to discuss personnel issues
pursuant to Government Code 54957.1.
11:10 P.M. City Council reconvened in open session.
Jeff Jorgensen, City Attorney, reviewed the decisions made in closed session:
1) Moved by Raooa/Roalman to determine that the 20 day suspension of Ken Bruce for abuse
of sick leave imposed by the Community Development Director is proper, motion carried (4-1,
Councilman Reiss.voting no).
2) Moved by Raaaa/Pinard to determine that the termination of Ken Bruce imposed by the
Community Development Director for conduct in violation of the City's Code of Ethics and abuse of
sick leave is proper; motion carried (3-2, Councilman Reiss and Mayor Dunin voting no).
11:15 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned
the meeting to Tuesday, September 22, 1992 at 7:00 P.M.
APPROVED BY COUNCIL:
Pam Voges, City Clerk
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