HomeMy WebLinkAbout10/13/1986CITY COUNCIL MINUTES - MONDAY. OCTOBER 13. 1986 - 12:10 P.M. PAGE 2
Robert Souther then stated that according to the decision handed down by
the State, that it was not legal to charge for water services if they had
not been previously charged for.
Mayor Dunin questioned whether a conflict of interest existed as he
himself lived in a mobilehome park.
Roger Picquet, City Attorney, stated the appeal would not in itself
represent a conflict of interest by him, however, review and comment to
the regulations could possibly pose a conflict of interest.
Mayor Dunin declared the public hearing closed.
Councilman Settl-e favored upholding the appeal. He agreed with the
findings made by the Rent Review Board. He would like to see consistency
with the board as far as the use of the CPI. The water rates should be a
part of the lease or the other services should be broken out as well, i.e.
Cable etc.
After discussion, moved by Dovey /Griffin to deny the appeal and uphold the
decision of the Mobilehome Rent Review Board to deny the application for
the rent decrease as recommended.
After discussion, moved by Griffin /Settle (4 -1, Dovey voting no) to amend
the original motion to revise findings #7 & #8 as follows: 7) delete the
current language and add, "The U. S. City Average" CPI Index should be
used until the tenants agree otherwise or the ordinance is otherwise
amended; and 8) to be replaced with "The fair and equitable mechanism for
the park owner to recover incremental water operating and capital costs is
through the rental rate."
Council then took roll call on the original motion of Dovey /Griffin which
was to adopt a resolution denying an appeal from Creekside Homeowner's
Association of a decision and order of the Mobilehome Rent Review Board
dated June 5, 1986, with the amended findings #7 and #8 as approved in the
second motion. Motion failed, Dovey Griffin, Rappa, Settle and Mayor
Dunin voting no.
Moved by Griffin /Settle (4 -1, Dovey voting no)'Resolution No. 6100 (1986
Series), was adopted upholding the appeal and denying the decision of the
Mobilehome Rent Review Board to deny application for a rent decrease for
Creekside Homeowner's Association with amendments: to affirm the Rent
Review Board's findings #1 -6 and #9 and include amended findings #7 & #8:
7) "The U. S. city average" CPI Index should be used until the tenants
agree otherwise or the ordinance is otherwise amended: and 8) "The fair
and equitable mechanism for the park owner to recover incremental
operating and capital costs is through the rental rate ".
2:20 p.m. Mayor Dunin declared a recess. 2:30 p.m. City Council
reconvened, all Councilmembers present.
2. MOBILEHOME RENT STABILIZATION (File #428)
Council considered a resolution designating the Los Angeles /Anaheim /Long
Beach index as the Consumer Price Index to be applied relative to rent
adjustments and an ordinance amending the Mobilehome Rent Stabilization
Regulations concerning consumer price index clarification (continued from
9- 22 -86).
Steve Henderson, Assistant to CAO, reviewed the agenda report with the
recommendation that Council adopt the resolution designating the Los
Angeles /Anaheim /Long Beach CPI and introduce an ordinance to print
amending the regulations as recommended.
Mayor Dunin stepped down due to a possible conflict of interest.
Roger Picquet, City Attorney, explained that there was not necessarily a
conflict of interest in the case of Mr. Dunin, that this was a common law
conflict due to the nature of residency.
Vice -Mayor Dovey presiding. Vice -Mayor Dovey opened the public hearing.
CITY COUNCIL MINUTES - MONDAY, OCTOBER 13, 1986 - 12:10 P.M. PAGE 3
Morris Levin, resident of Pismo Beach mobilehome park, expanded upon the
differences between the various CPIs.
Adele Raymond, Chumash Village Mobilehome Park, urged the Council to delay
action until additional information was available concerning the CPIs.
Vice -Mayor Dovey declared the public hearing closed.
Staff reviewed some recommended changes proposed by Councilman Griffin
which would include a new first Whereas to read, "Whereas, Chapter 5.44 of
the San Luis Obispo Municipal Code allows for an automatic rent increase
based upon the U. S. National Consumer Price Index, said term being
subject to confusion since no such specific index exists ". He also
suggested amendment to read, "NOW, THEREFORE, BE I.T RESOLVED by the
Council of the City of San Luis Obispo that the Los Angeles /Anaheim /Long
Beach CPI -U Index is to be used for all purposes under Chapter 5.44 of the
San Luis Obispo Municipal Code and that the Council will amend the
Mobilehome Park Rent Stabilization Regulations."
Councilman Griffin suggested that the resolution is not necessary in light
of the action taken previously by the Council on the appeal.
Moved by Griffin /Dovey (3 -1 -0, Rappa voting no, Dunin absent), Ordinance
No. 1079 (1986 Series), was introduced to print as recommended.
Moved by Griffin /Settle (4 -0 -1, Dunin absent) to direct staff to send out
appropriate notices to the park owners and tenant associations indicating
the Council's action and the effective date of the ordinance.
3. LEAGUE RESOLUTIONS (File *362)
Upon general Council consensus Councilmembers submitted suggestions to the
League resolution to liasion. Councilman Settle for presentation at the
Annual League of California Cities Conference (continued from 10- 7 -86).
2:35 p.m. Councilman Griffin left the meeting.
C O M M U N I C A T I O N S
C -1 Moved by Dovey / Rappa that staff work with the Council subcommittee
and set a study session to review additional clarification to the Rent
Stabilization Regulations, i.e. definition of a recreational vehicle; what
constitutes a mobilehome space (4 -0 -1, Griffin absent).
There being no further business to come before the City Council, Mayor
Dunin adjourned the meeting at 3:10 p.m. to Tuesday. October 14, 1986, at
4:00 p.m.
Pame a Voges, City irk
APPROVED BY COUNCIL: 11 -18 -86