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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 --------------------------------------------------------------------- - - - - -- 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 -------------------------------------------------------------------- - - - - -- 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.