HomeMy WebLinkAbout09/22/1986CITY COUNCIL MINUTES - SEPTEMBER 22, 1986 - 12:10 P.M. PAGE 2
Upon general consensus, the Council continued the appeal by the Creekside
Homeowners' Association to Monday, October 13, 1986, at 12:10 p.m. (5 -0).
1. MOBILEHOME RENT STABILIZATION (File #428)
Council reviewed the Mobilehome Rent Stabilization Regulations including
recommendation for procedural changes.
Steve Henderson, Assistant to the Administrative Officer, reviewed the
agenda report with the recommendation that Council approve four amendments
to the existing regulations as follows: 1) amend Section 5.44.070 C to
add the term "in writing" regarding notice to affected tenants; 2) amend
Section 5.44.030 E to define the term "long -term leases" as a lease with a
term greater than one year; 3) amend Section 5.44.070 B to modify the
"application fee" from $300 for park owners to $125 plus $1 per space and
establish a $50 fee for tenant applications (Board took no formal action
on tenant applications). He stated he would answer any questions of
Council before continuing his report of the 4th recommendation on CPI.
Upon question as to why the Mobilehome Rent Review Board did not take any
formal action on a tenant application fee, Mr. Henderson stated that at
the time the Board reviewed the regulations, no tenant applications had
ever been filed. Since that time, a tenant application had been filed and
there was simple discussion by the Board of having a fee equal of that of
the park owners. There was no agreement by the Board and most of the
testimony by residents was in opposition.
Upon question as to why a fee was necessary for residents, Mr. Henderson
stated that an application by a tenant or an association can be as
time - consuming as an owner's application. He stated that although direct
and indirect costs to the city could not be fully recovered, staff felt
that a fee of this amount may discourage frivolous applications.
Pat Barlow, Chairman of the
pertinent to point out that
that have not been filed as
consensus of the Board was
the ordinance.
Mobilehome Rent Review Board, felt it was
staff had handled additional tenant situations
formal grievances. She stated previous
not to charge a fee if there was a violation of
Councilman Settle did not support a fee for tenants.
Councilman Griffin stated that in the instance of a tenant application, he
felt that the word "increase" would be inappropriate as listed in Sections
5.44.060 and 070. He would like to refer the tenant fee application back
to the Board so the Council would have some assurances that the evaluation
process was complete. He questioned staff if the fee rates that were
proposed were consistent with criteria used to develop the city's other
fees, especially as it relates to recovery of costs.
Upon question, Roger Picquet, City Attorney, stated that there were fees
established for most user - generated requests with the exception of
appeals.
Councilwoman Rapp a was concerned that the fees be consistent with other
fees charged by the city.
Steve Henderson stated that: 1) the fee structure for tenant applications
could be taken back to the Board for a formal position; 2) the fee
' structure identified was one that would not be recoverable. He stated
that the Board did not consider the city's current fee resolutions when
they formulated the fee structure.
He then reviewed the CPI with the recommendation that Council interpret
the "Consumer Price Index" language in Section 5.44.060, B.2. The Board
recommended that the "Los Angeles /Anaheim /Long Beach" area be used as a
suitable CPI computation. He stated that the City had used the Southern
California index for other purposes.
CITY COUNCIL MINUTES - SEPTEMBER 22, 1986 - 12:10 P.M. PAGE 3
Upon question by Councilwoman Rappa, Pat Barlow, Chairman of the MHRRB,
stated that the Los Angeles /Anaheim /Long Beach CPI computation was chosen
because it was the most widely -used, most acceptable and is based on
geographical area, not population.
Mayor Dunin asked for public input.
Leola Rubottom, 3960 S. Higuera and Vice - Chairman of the Creekside
Homeowner's Association, requested that the Council not come to any
decision today regarding the CPI issue. She would like to have the
Association's attorney Mr. Perry present when this is heard as it affected
their appeal.
Morris Levin, Hacienda Del Pismo Mobilehome Park in Pismo Beach and an
active member of SLOMOTA and other mobilehome groups in the County,
addressed two issues: 1) He was concerned with the decreased costs to
park owners in the form of application fees and the possible imposition of
a $50 tenant charge. 2) With regard to the CPI, he stated Pismo Beach
used the Los Angeles /Anaheim /Long Beach index. He felt the CPI had no
place in determining increased costs for a mobilehome park owner. He
reviewed an article defining CPI which he distributed to the Council for
information.
Dick Clark, Silver City Mobilehome Park, 3860 S. Higuera, *128, reviewed
Chapter 5.44.060, paragraph 2 and 2C regarding rental increases. He
stated that their park had received two rent increases this year. He
requested that paragraph 2C be deleted from the ordinance, which states
that calculations of the one -year limitation on rental increases be from
the date the last rent increase became effective at the park. This
application is currently pending before the Mobilehome Rent Review Board.
Roger Picquet, City Attorney, stated that the Board would be considering
this application on September 25, and it would be premature for the
Council to make a determination on an item that is yet to be decided by
the Mobilehome Rent Review Board. It will be forwarded to the Council at 1
a future date.
Mr. Clark stated for clarification that their application only concerned
water meters and increases in rent over the next three years. He was only
requesting deletion of paragraph 2C to make the rent stabilization
ordinance more understandable.
Adele Raymond, resident at Chumash Village Mobilehome Park, stated that
their park owner used the Los Angeles /Anaheim /Long Beach CPI the for
coming year computations, and she felt that he was setting an example for
the rest of the parks. Previous to this CPI, the park owner had used the
U.S. City CPI. She stated that only three of the Mobilehome Rent Review
Board members voted for the Los Angeles /Anaheim /Long Beach CPI. She felt
this issue was too important, and it should be reviewed again.
Jim Buttery, Attorney representing Creekside Mobilehome Park, requested
continuance of this item as it relates to CPI so that Mr. Perry could be
present to give his presentaion. He then reviewed the CPI from his point
of view and felt that the reference to CPI in the ordinance was
ambiguous. He felt the Board should develop some rules for the park
owners and residents to assist staff in interpretations. He felt the
Council should direct the Board with regard to policy and address the
issues of vacancy control, subleasing, safe harbor, and setting rents
based on whether or not tenants are needy. 1
Upon question Mr. Buttery stated, that in his opinion, the Los
Angeles /Anaheim /Long Beach CPI was considered to be the most reflective
index for this area.
1:10 p.m. Councilman Griffin left the meeting.
Roger Picquet, City Attorney, responded to a few comments raised by Mr.
Buttery with regard to CPI.
CITY COUNCIL MINUTES - SEPTEMBER 22. 1986 - 12:10 P.M. PAGE 4
Morris Levin, Pismo Beach and previous speaker, with regard to the consti-
tutionality of ordinances, stated ordinances in this county are pegged to
a CPI index.
Charles Long, Owner of Village Mobilehome Park, felt that no basis had
been used at the time the CPI was chosen as a guideline and, therefore,
needed to be clarified. He supported using the CPI from Southern
California.
' Adele Raymond. resident of Chumash Village and previous speaker, stated
that the tenants are charged for increases in utilities.
Robert Souther, #77 Creekside Mobilehome Park. referenced Section 544.070
C stating that the owner of his park had never filed an application with
the Board for any changes in services for which his park was requesting a
rent decrease.
Mayor Dunin closed the public portion.
After discussion, moved by Dovey /Dunin to introduce the ordinance to print
as recommended by staff including amendments to Section 3, Subsection
5.44.070 B. to replace the word "increase" with the word "adjustment" or
"adjusted" where appropriate; delete reference to fees in the ordinance
and add the phrase, "...as may be established from time to time by Council
resolution." Motion failed on 2 -2 -1 vote, Rappa and Settle voting no;
Griffin absent.
After brief discussion, moved by Rappa /Dunin (3 -1 -1, Dovey voting no:
Griffin absent), to introduce ordinance to print as recommended by staff
including revised wording to Section 3 as recommended by Councilwoman
Dovey and excluding reference to CPI.
Councilwoman Rappa was not satisfied with the answers given regarding CPI
and felt it needed to be clarified. She felt the criteria needed to be
addressed of what is most appropriate for San Luis Obispo.
Moved by Settle /Rappa (3 -1 -1. Dovey voting no: Griffin absent), to
continue discussion of CPI for additional report to Monday, October 13,
1986, at 12:10 p.m.
2:10 p.m. Mayor Dunin declared a recess. 2:15 p.m. City Council
reconvened, Councilman Griffin absent.
2. CREEKSIDE APPEAL (File #428)
Council held a public hearing to consider an appeal by the Creekside
Homeowners' Association of a decision by the Mobilehome Rent Review Board
to deny application for a rent decrease for the tenants of Creekside
Mobilehome Park.
Continued to date certain Monday. October 13, 1986, at 12:10 p.m.
3. SOLID WASTE MANAGEMENT (File #524)
Council held a public hearing to consider adopting the San Luis Obispo
County Solid Waste Management Plan (continued from 9- 16 -86).
Mike Dolder, Fire Chief, reviewed the agenda report with the
1 recommendation that Council adopt a resolution approving the County's
Solid Waste Management Plan as recommended.
Mayor Dunin declared the public hearing open. No one spoke for or against
the Plan. Mayor Dunin declared the public hearing.closed.
After brief discussion, moved by Dovey /Settle (4 -0 -1. Griffin absent),.
Resolution No. 6093 (1986 Series), was adopted approving the County Solid
Waste Management Plan as amended to include an additional paragraph after
the third Whereas to read. "Whereas, the County of San Luis Obispo has
prepared a Program EIR which will provide for future permits and
additional environmental review when the Solid Waste Management Plan is
implemented; and..."
CITY COUNCIL MINUTES - SEPTEMBER 22, 1986 - 12:10 P.M. PAGE 5
Councilmembers Rappa and Settle wanted the record to show that they
reluctantly supported the motion. Councilwoman Rappa hoped that the
city's intentions would be well taken by the Board of Supervisors. She
was disappointed that the State had accepted this plan as adequate and
secondly, that the city's concerns would not go on to the State.
There being no further business to
come
before the City Council, Mayor
Dunin adjourned the meeting at 2:25
p.m.
to Tuesday, September 23, 1986,
at 7:00 p.m.
1
By:
ha n Jones,:.ecording Secretary
Pam
la Voges, City Cler
APPROVED BY COUNCIL: 10 -28 -86
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M I N U T E S
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 23, 1986 - 7:00 P.M.
COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
STUDY SESSION
ROLL CALL
Councilmembers I
Present: Vice -Mayor GlennaDeane Dovey, Councilmembers Robert Griffin,
Penny Rappa, Alien K. Settle (arrived at 7:05 p.m.) and
Mayor Ron Dunin
Absent: None
City Staff
Present: Paul Lanspery, Administrative Officer; Roger Picquet, City
Attorney; Michael Multari, Community Development Director;
Mike Dolder, Fire Chief; Wayne Peterson, City Engineer;
Terry Sanville, Principal Planner; Jerry Lenthall, Police
Sergeant I: Sharon Jones, Recording Secretary
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1. TRUCK ROUTES (File *462)
Council reviewed the Circulation Element to consider minimizing truck
routes in the City of San Luis Obispo.
Wayne Peterson, City Engineer. reviewed the agenda report and memo from
the City Attorney concerning municipal government's authority to regulate
truck routes. Staff was recommending that the Council review the plan and
request the Community Development Department and Planning Commission to
propose revisions to the Circulation Element to simplify the current truck
route plan.
Mike Dolder, Fire Chief, briefly reviewed the regulations governing trucks
that transport hazardous materials through the city.
Councilwoman Rappa suggested that staff include parking and delivery
restrictions and better signage in their recommendation. She would also
like to look at how certain streets were designated as truck routes.