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HomeMy WebLinkAbout10/30/1979I� Irk 1 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCII CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 30, 1979 - 7:00 P.M. COUNCIL HEARING ROOM, CITY HALL 990 PALM STREET, SAN LUIS OBISPO STUDY SESSION Roll Call Councilmembers PRESENT: Melanie Billig, Ron Dunin, Jeff Jorgensen, and Mayor Lynn Cooper ABSENT: Alan Bond City Staff PRESENT: George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Mikel Park, Fire Marshal; Roger Neuman, Police Chief; Geoff Grote, Administrative and Legal Assistant. 1. At this time the City Council considered a report from the City Police Department forwarding documentation for reimbursement from the State of California for police and safety services over and above the normal city responsibilities of incidents of a state -wide nature. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 3999 (1979 Series), a resolution of the Council of the City of San Luis Obispo requesting a reimbursement from the State of California pursuant to Chapter 1204 (SB 583- 1979 session) legislation, extraordinary local law enforcement costs. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin, and Mayor Cooper NOES: None ABSENT: Councilman Bond 2. Councilwoman Billig presented a from mobilehome residents over the past to either violate one or more state laws able living environment as follows: A. State Law Provisions: report to the City Council of complaints three months that appeared to her or which contribute to an uncomfort- 1. Security Deposits - Section 798.15(H) provides that, "All other provisions governing the tenancy (shall be included in the rental agreement)." Payment of a security deposit apparently governs tenancy since it was a pre- condition of moving in. This deposit is not mentioned in the rental agreement. 2. Meter Readings - Section 798.38, "Where the management provides both master and submeter service of utilities to a tenant for each billing period, the cost of the charges for the period shall be separately stated along with the opening and closing reading for his meter "...The meaning of this language is clearly that mobilehome park operators may not overcharge for any particular month and then justify the overcharge with a statement that the readings will "eventually even - out." 3. _Rental Rates based on the Number of Occupants - Section 798.35, "A tenant shall not be charged a fee based on the number of members in his immediate family." Park rules cannot simply establish rental City Council Minutes October 30, 1979 - 7:00 p.m. Page 2 rates for two persons and then prohibit or charge X dollars (amount) per additional person who is immediate family member, i.e. children. Guests are not chargeable except when there over 15 days ear month. 4. For Sale Signs - Section 798.70 gives a tenant the right to advertise the sale or exchange of his mobilehome. The proper interpretation of this section would allow a park manager or owner to prohibit advertising of a rental but not the sale or exchange of a mobilehome. Park rules that prohibit for sale signs from being posted are in abridgment of a tenant's rights. 5. Removal of Coaches Residency Law sets manufactured after wide. The minimum more. The state s which is less than from a Park - Section 798.73 of the Mobilehome out a minimum of 17 years if the coach is September 15, 1971 and is less than 20 feet is 20 years if the coach is 20 feet wide or :atute does allow the removal of a resold coach 10 feet wide regardless of age. 6. Evictions - Sections 798.55, 798.56, and 798.57 relate to termination or refusal to renew, authorized reasons for termination, and state- ment of reasons in a notice. Sixty days written notice is required and the basis of the termination must be disclosed with specific facts as to date, place, witnesses, and circumstances concerning the violation(s) involved. Letters of eviction which fail to meet these standards are challengable. 7. Discrimination in Sales - Section 798.20 states that any discrimin- ation by color or religion is illegal and forbidden by the Runford Housing Act, the Unruh Civil Rights Act, and by Section 798.20 of the Mobilehome Residency Law. 8. Tenancy Restricted to Adults - Discrimination because of age is not prohibited by state law but could be a violation of rental agreements unless "adults" or seniors are specified explicitly by age. Adults are those people who have attained the age of 18 years or over. The owner or manager has the right to refuse rent space to new tenants who are under a certain age but does not allow tenants to be ordered out of a park. 9. Right of Entry - Section 798.26, 'Ownership or management of a park... shall have no right of entry to a mobilehome without written prior consent of occupant... except in case of emergency or abandonment." Tenants, therefore, cannot be forced to or required to leave keys or waive rights of entry in park rules and regulations. 10. Rules and Regulations - Shall be shown and signed at the time tenancy is entered into. The language of the Mobilehome Residency Law regarding "tenancy" covers this. All provisions must be signed and a copy given before tenants move in, doing this months later is totally unacceptable and violates the intent of the state statute. B. Problems Relating to Living Conditions and Atmosphere: 1. No parking on streets. 2. Manager frequently unavailable to tenants. 3. Attitude toward children. 4. Facilities not kept up. 5. Harassed so they will leave. 6. Recreation and utility facilities locked day and night. 7. Negative and coersive attitude in dealing with tenants. 8. Signing of rules and regulations and implementation of rules and regulations. After presentation and discussion of the various items, Councilwoman Billig suggested that the City Council consider the establishment of a Mediation Board for Tenants and Landlords, and that the city attorney be directed to 1 Fj 1 write to mobilhome park:owners.listing the city's attention. In.addition:.she home park operators.make provisions to have:children: Councilman Dunin..wondered if-it was th state laws as -they apply.to mobilehome City Council:' Minutes October -30, 1979 - 7:00 p.m. Page 3 - violations.that.have been brought to felt.the city should require.mobile- protect.mobilehome.park,tenants that a city 's.responsibility..to.enforce parks. He would like to hear the ' report -of the H.R:C. and..C.A.C. before-jumping into -this matter. Jerry Raml,.H.R.C. Chairman, s.tated.that' they were. just waiting direction .from the City Council after submitting theit statistical report'on the mobile- home park operations. Jay.Schetzer, Chairman of the.Citizens_'- Advisory Committee,. stated that they we =e not studying the problems brought-.out by Councilwoman.Billig,at this evenings' meeting, but they were only studying the effects of rent control. on mobilehome parks. Liz-Fisher,.Tenants' Coalition; listed the problems faced by her as a mobile -. home.park tenant. She felt that.the violations of state and city laws are .the cause of the problems in the various mobilehome parks. She felt the City Council had been very lax in-demanding enforcement of laws by their.staff. Charles Long,.mobilehome park operator, reviewed some.of the claims presented by Councilwoman Billig. He listed some of the problems faced-by-operators of mobilehome parks in the city. Councilman Jorgensen stated.that he too had received a gieat numbei..of-.complaints dealing with problems between tenants and-owner/operators of mobilehome parks in-sthe: city. He felt:-the- situation was..getting- .worse. and that-when-action is taken, At will-be very serious for both tenants and operators.. He felt these problems involved children living in mobilehome parks, coersive action against young tenants, coersive- action against people who owned older mobile- homes and trailers. ..He would support..the-.creatioa:of a Mediation Board to ..defuse problems between tenants and-owner/operators. ' He would also..support city action to protect children -in the mobilehome parks, :although,_he. felt having the attorney send out letters on violations would be ineffective. He felt that the city should move ahead with the necessary ordinance -to -get the problem under.control. George Thacher, City Attorney, felt the City Council could:not enforce state laws-.in mobilehome parks. He also felt..the City.Council should adopt rules and-regulations fora Mediation Board which would solve problems on good will and a voluntary basis. Mayor. Cooper =felt that -while there are problems:-.in: mobilehote:.parks,. he wanted fo.be -sure the city did not add:to the mobilehome tenant .or owner problems, although, he would agree that a Mediation Board was needed and.-naturally support the protection of children living in mobilehome parks. Councilman Jorgensen reminded the.council that in addition to other problems, the sale of a mobilehome park itself causes -many problems as- each.subsequent owner raises the rent. -t6.. pay -,for, the increased costs-of.-financing and. taxes then sells'it..at a higher price to a.-new owner making the rental cycle start all over again. Councilwoman Billig stated..that..the.real..problem here is inflation.with its constant increase effects oh tenants, particularly . those - on. fixed.incomes. She strongly supported creation of.a.Mediatioa'Board and also felt. that notifying operator /owners of violations puts.everyone.on..record.as to the .state laws. Councilman Dunin stated he.saw the issue as follows: (1) rent.increases, and (2) legal violations in.the operation of parks. He felt the council should look at some realistic approach to.help the mobilehome park tenants.and mot just adopt more and more rules and regulations. He felt the Housing Authority City Council Minutes October 30, 1979 - 7:00 p.m. Page 4 should take the lead in trying to help mobilehome park tenants with some government funds or programs to give relief to those people on fixed incomes. He felt that before jumping into this matter, the council should ask the H.R.C., C.A.C. and Housing Authority to get toghther and look at this problem realistically and come up with a recommended policy and program for the council to adopt and enforce. Walt Lambert, H.R.C., felt that part of the solution might be letting tenants in mobilehome parks know what their rights were and how to solve their problems. He also felt the H.R.C. should be given sufficient authority and funds to follow through with their decisions after mediation. Liz Fisher Tenants' Coalition, again spoke in support of establishing a Mediation Board and also require all landlords to take out city business licenses. On motion of Councilman Dunin, seconded by Councilwoman Billig that the city attorney be directed to prepare guidelines, rules, and regulations for establishment of a Mediation Board with a report to the City Council in four weeks (December 4, 1979). Motion carried on the following roll call vote: AYES: Councilmembers Dunin, Billig, Jorgensen, and Mayor Cooper NOES: None ABSENT: Councilman Bond On motion of Councilman Dunin, seconded by Councilwoman Billig, that the City Council go on record and commit itself to the establishment of a Mediation Board within four months (March 1, 1980). Motion carried on the following roll call vote: AYES: Councilmembers Dunin, Billig, Jorgensen, and Mayor Cooper NOES: None ABSENT: Councilman Bond 3. The City Council adjourned to executive session at 8:40 p.m. and reconvened in regular session at 9:05 p.m., all councilmembers present except for Councilman Bond. 4. There being no further business to come before the City Council, the meeting adjourned at 9:05 p.m. to 4:00 p.m., Tuesday, November 6, 1979. APPROVED BY COUNCIL ON: 12/4/79 r J itzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 6, 1979 - 4:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Roll Call Councilmembers PRESENT: Alan Bond, Ron Dunin, Jeff Jorgensen, and Mayor Lynn Cooper ABSENT: Melanie Billig 1 1 W 1