HomeMy WebLinkAbout05/03/1988, 4 - SILVER CITY APPEAL EMORACITY Of 4 US OBISPO
1�U M ����
990 Pelm StreetJBoz 5100•San Lula Oblates,CA 93403.8100
e.
TO City Council MEETING AGENDA
FROM Pam Voge DATE MAY 3 '88 ITEM # 4
SUBJECT Silver City Appeal DATE 5/3/88
The attached letter from Andre, Morris & Buttery was mailed to Steve
Henderson and received this morning. They requested that this be
forwarded to the Council again as this is not in your packet for
this evening. Please note the date of the letter is January 6, 1987,
and was made part of Council proceedings the last time this issue
was reviewed. Mr. Law feels this letter accurately summarizes their
current position.
PV:skj
Attachment
cc: J. Dunn
R. Picquet
S. Henderson
MEPNG AGENDA
DA1 L - "AT-3 ' STEM #
ANDRE, MORRIS & BUTTERY //////��
PETER ILANDRE (RETIRED) A PROFESSIONAL LAW CORPORATION R. GTELEPHONE:
MICHAEL J.MORRIS /� . /, � (805)543,4171
JAMES C.BUTTERY 1304 PACIFIC STREET �pnloj/�'�h TELECOPIER:
DENNIS D.LAW P.0. BOX 730 ' ���!!!! ✓v'� �� (WS)U3-0752
).TODD MIROLLA RECEIVED SAN LUIS OBISPO,CALIFORNIA 934OG
MAY 3 19W January 6, 1987
CITY CLERK
SAN LUIS 08SPO.CA HAND DELIVERED
City of San Luis Obispo
City Council
990 Palm Street
P.O. Box 8100
San Luis Obispo, CA 93403
RE: SILVER CITY MOBILE LODGE; RESPONSE TO APPEAL FROM
DECISION OF RENT REVIEW BOARD
Dear Members of the Council:
This letter is in response to the appeal which has been
filed with respect to the decision of the San Luis Obispo Rent
Review Board rendered December 4 , 1986, in connection with the
application of Silver City Mobile Lodge (Respondent) for an
increase in rent.
This appeal has been filed by Golden State Mobilehome
Owner' s League--Chapter 517 (Appellant) . That organization made
no formal appearance in the proceedings before the Rent Review
Board, and it is not clear at this time who that organization
represents. Respondent has been advised that only a very small
group of people have approved this appeal.
This matter was heard by the Rent Review Board at several
hearings over the course of approximately seven months. The
Board heard countless hours of testimony and argument from
attorneys representing both groups and it considered and studied
hundreds of pages of documentation in this matter. Nearly three
full meetings were spent deliberating on the decision alone.
The final decision was not favorable to Silver City Mobile Lodge.
Silver City is not, however, appealing the decision of the Rent
Review Board.
Respondent' s application requested an increase in rent from
an average space rent of $166 .76 to an average space rent of
$222 . 00. The Rent Review Board denied Respondent' s application
for the full increase and allowed an increase limited to an
average space rent of $174 . 00 (only a 4 . 34% increase) . The Rent
Review Board was presented with an extensive amount of
information on three primary approaches for computing a new base
space rent consisting of the capitalization method, the
maintenance of net operating income method and a comparable rent
ANDRE, MORRIS & BUTTERY
A PROFESSIONAL LAW pgtpptAnoN
City of San Luis Obispo
January 6, 1987
Page two
method. The method finally selected by the Rent Review Board was
the most conservative of all the approaches suggested by the
Respondent and it allowed for an increase computed utilizing the
maintenance of net operating income approach and allowing only
for an increase of rent based on a change in the cost of living.
The Rent Review Board refused to allow an adjustment in rents
based on what Silver City perceived to be a dramatic change in
the expense ratio and to equalize what Silver City perceives to
be a dramatic disparity between the space rents being charged at
Silver City versus the space rents being charged at comparable
parks in the City. Silver City's base space rents are believed
to be dramatically less than the space rents for comparable parks
in the City.
It is correct that the formula utilized by the Rent Review
Board is based 100% on a change in the cost of living rather than
75%. The application made a request for a rent increase based on
hardship. The 75% limitation contained in the ordinance only
applies to the automatic increase which is allowable on an annual
basis by park owners. No such limitation does or should exist
with respect to a hardship application such as that submitted by
Silver City.
The Appellants complain that a large number of them are on
fixed incomes and that the requested increase would be a hardship
on them. The appellants introduced no evidence whatsoever in the
Rent Review Board proceedings as to their levels of income.
There could only be speculation at this time as to what impact
the rent increase may have on those residents who are in fact on
fixed incomes, but it would be hard to imagine that an increase
of only 4 . 34% would create an undue hardship.
The appellants have indicated that they have tried to work
with the park owners in devising an acceptable lease. Although
not directly relevant to this proceeding, Respondent acknowledges
that in fact lease discussions did exist between Respondent and
tenant representatives. Respondent requested a meeting with a
group of representatives of the residents. That meeting occurred
and Respondent made a proposal for a lease. Certain
representatives of the residents walked out of that meeting and
refused to discuss the matter further. Although a counter-
proposal was requested by Respondent none was ever received and
those negotiations came to an end.
ANDRE, MORRIS & BUTTERY
A PROFESSpNAL LAW CORPORATION
City of San Luis Obispo
January 6, 1987
Page three
In sum, Respondent submits that the San Luis Obispo City
Rent Review Board more than adequately considered all aspects of
this matter prior to reaching its decision. The decision that
the Board reached was not one favorable to the park owners, but
one which is nevertheless acceptable. After approximately seven
months of hearings before the Rent Review Board, it would not
seem appropriate that this matter can now be opened up for
further discussion and testimony to address a 4 . 34% increase in
base space rent.
Thank you for your special attention and consideration in
this matter. As the owner' s representative, I will be available
to answer questions and make further comment at the time of the
hearing on this matter and would hereby reserve an opportunity to
do so.
Very truly yours,
ANDRE, MORRIS & BUTTERY
By:
DENNIS D. LAW,
Attorneys for Respondent
Silver City Mobile Lodge
DDL:cb
- MEETI., . AGENDA/)
.ATE MAY 3 '88
AnS ITEMClt OrS
1 OBISpO
�
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
May 2, 1988
MEMORANDUM
TO: ManagementTeam
FROM: Pam 1611
SUBJECT: TENTATIVE COUNCIL MEETING DATES & TOPICS
The following is a tentative schedule of proposed Council meetings and topics
through June 1988, including other important dates.
Monday, May 2 - 4:00-6:00 p.m. Adj. Regular Meeting - Capital Project
Tuesday, May 3 - 7:00 p.m. Regular Meeting
Fri. , May 6 & Mon. , May 9 Peg and Penny's Birthdays!
Monday, May 9 - 4:00-6:00 p.m. RESCHEDULED TO JUNE 1
Tuesday, May 10 - 4:00-6:00 p.m. Study Session - Cont. discussion of
annexation policies
Tuesday, May 17 - 7:00 p.m. Regular Meeting - includes Budget
Monday, May 23 - 4:00-6:00 p.m. Adj. Regular Meeting - Density & Group
Housing
Monday, May 30 - All Day MEMORIAL DAY - CITY CLOSED
Tuesday, May 31 - 3:30-6:00 p.m. Study Session - Airport Area Specific Plan
Field Trip
Wednesday, June 1 - 4:00-9:00 p.m. Adj. Regular Meeting - Council Policies
and Procedures
Monday, June 6 - 7:00 p.m. Adjourned Regular Meeting - includes Budget
Tuesday, June 7 ELECTION DAY (Regular Meeting Rescheduled)
Monday, June 13 - 4:00-6:00 p.m. Study Session - So. Calif. Gas Co.
Annexation
Tuesday, June 21 - 7:00 p.m. Regular Meeting - CANCELLED
Monday, July 4 - All Day FOURTH OF JULY - CITY CLOSED
PV:skj
cc: Council and J. Dunn
���Ilnllllllllllllllllll������ �IIIII I III
cityO sAn tllS OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
April 14, 1988 r ��
George Protopapas
County Engineering
County Government Center
San Luis Obispo, CA 93408
Dear George,
This letter is to formalize our conversation of yesterday regarding
Los Osos Valley Road. We agreed that we would recommend to our
respective governing bodies that the city annex those portions of
Los Osos Valley Road between Madonna Road and 101 as shown on the
attached exhibit, and that the city maintain that short portion in
the middle of this stretch (which is bounded on both sides by
county property) , this maintenance to be done at county expense
subject to a maintenance agreement.
We agreed that if our governing boards concur, the county would
pursue steps for the annexation. As a condition of annexation, the
city requests that the county place a heavy blanket and restripe
Los Osos Valley Road from the vicinity of Auto Park Way to the
Calle Joaquin intersections. The city would pursue studies for
installation of a traffic signal in the vicinity of the Calle
Joaquin intersections. If this signal is installed within the next
five years, the city and county would jointly share local agency
costs.
If this letter meets with your approval, and that the Board of
Supervisors, please get .back with_ me at your earliest convenience.
Meanwhile, I will bechecking with the City Counci�_�
Very truly yours,
David F. Romero, Director
Public Works Department
attachment:
c: John Dunn
lovrannex/dfr#10
jj
c�L C1- -
� 9 E`
o SOF 09 ILLI
r
�9 Q
W
Gy
Q�GO 09
G\P Go,
0� W
PROPOSED
ANNEXA.T/ON
O _
S
O
s =
L
MAINTENANCE
o /
AGREEMENT
PROPOSED
ANNEXATIONu
r'� r
n ' 3
m r.
�W
tiP
Cl)
PROPOSE® ANNEXATION
MMaZe city of San tuns OBISPO AND MAINTENANCE AGREEMENT
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
No.
rity —
STATE OF CALIFORNIA, –
ss.
County of San Luis Obispo GILy Of
san hits Oslspo
I am a citizen of the United States and a resident of the CITY COUNC
TUESIO
The San Luis bispa ity
County aforesaid; I can over the age of eighteen and not Council will hold public hear-
ings on Tuesday, May 3,
1988, beginning at 7:00
interested in the above-entitled matter p.m., in the Council Cham-
bers of City Hall, 990 Palm
Street, on the items listed
I am now, and at all times embraced below. Hearings will be
heard in the order shown on
the agenda (approximate
time for each hearing is
in the publication herein mentioned was, the principal clerk shown in parenthesis). The
pubalic is comment Theme oil
andCouncil
of the printers and publishers of the SAN LUIS OBISPO may also discuss other busi-
ness items before or after
those items.
will
COUNTY TELEGRAM-TRIBUNE, a newspaper of general cirThe reports, including
rec-
ommendation
by staff,
be available for review in the
City Clerk's Department on
culation, printed and published daily, Sundays excepted, at the Friday before the meet-
ing. For more information,
please contact the City
the City of San Luis Obispo in the above named county and Clerk's Department at 549-
v�Hall s X990 o
m 01
of City
Palm
of y
state; thatIIOt 7.Ce Street. You may also listen
to the meeting on Cal Poly
radio station KCPR FM
91.3.
APPEAL — MURRAY
STREET APARTMENT — to
consider an appeal of a deci.
sion by the Architectural Re-
view Commission to deny
-addition of a 3-unit apart-
of which the annexed clipping is a true printed copy, was ment at 1275 Murray Street
published in the above-named newspaper and not in any (2WATER - to receive com-
mentssu lement thereof — on the following dates, to-wit: on the draft Environ-
pp g mental Impact Report for the
'Draft Water Allocation Regu-
lations and to review the
.Annual Water Operational
Plan(45 Min.)
Pam Voges,City Clerk
4-23-88 Apr. 23, 1988 657417
that said newspaper was duly and regularly ascertained and
established a newspaper of general circulation by Decree
entered in the Superior Court of San Luis Obispo County,
State of California, on June 9, 1952, under the provisions of
Chapter 1, Division 7, Title 1 of the Government Code of the
State of California.
I certify (or declare) under penalty of perjury that the fore-
going is true and correct. / p
(�grlature of Principal Clerk)
4-23-88
Date 19_
1l
� o
a
C
co N
d p I a N
� p 0
w