Loading...
HomeMy WebLinkAbout11-13-1986 MHRRB Minutesa������PhNiNp1nN4ll city sAn luis93403-8100 Office Box 8100 * San Luis Obispo, M I N U T E S MOBILEHOME RENT REVIEW BOARD NOVEMBER 13, 1986 TAPE #1 I. WELCOME/INTRODUCTIONS --------------------- Chairperson Pat Barlow declared the regular meeting of the Mobilehome Rent Review Board come to order at 1:30 p.m. with the following in attendance: BOARDMEMBERS: Barlow, Grden, Label, Wright STAFF: Henderson, Kemper ADD ITEM The Board reaffirmed a guideline that requires Boardmembers to review the tapes of meetings they missed prior to voting on issues presented at such meetings. The Board directed staff to forward any and all information to them which was received from the public. Councilmember Rappa addressed the Board concerning the distinction between Council policy and Board implementation. The Board requested that the City Attorney, Roger Picquet, provide an explanation of the "Reams" case, F_ow_ler_v_s._Gould_t_et al, SLO Municipal Court - Judge Ream. Also requested was an explanation concerning the MOBILEHOME RESIDENCY ACT and the related sections of the CALIFORNIA CIVIL CODE, as to whether or not the issues raised in these instances pertain to our own. II. APPROVAL _OF_THE _MINUTES _OF_OCTOBER _ 8_ AND OCTOBER_161_1986 The minutes of th'e meeting of October 8th were approved with the following changes: Page 1, Item IV.; "...using comparable expenses 'and values' of other parks " The minutes of the meeting of October 16th were approved with the following changes: Tape #2, Paragraph 1; "...that had support from 'Boardmember Wheeler' were..." MHRRB Minutes - 11/13/86 'g e 2 II. APPROVAL_ OF THE MINUTES_ OF OCTOBER 8TH_ AND OCTOBER_16THL_1986 (continued) Tape #4, end; "...on this motion either. 'An earlier motion that had died was renewed (Wheeler, Grden) to have the ----------- average_base_space_rents for Silver City_in_1985 be --------------------------------- established _at.$180 _with_no_retroactiv_e_reimbursment_for the owners. The motion was defeated after a roll -call vote with the following votes recorded: NAYES - Barlow, Label, Wright; AYES - Grden, Wheeler.' III. REVIEW OF THE PACKET -------------------- Mr. Henderson review the packet presented to the Board, which included: 1. agenda & minutes; 2. one-page document, re: summary of Pennell vs. City of San Jose; 3. correspondence from Mr. Dennis Law, attorny for Silver City, re: base space rent expectations, given last meeting's action; 4. draft Findings prepared by Boardmembers Grden and Label, re: Silver City application. CONTINUATION_ OF FINDINGS: SILVER_ CITY _MOBILEHOME_PARK CAPE #2 The Board entered into deliberations concerning the draft findings presented to them, developed by a subcommittee of the Board with assistance from staff. Prior to initial review of the findings, however, Boardmember Barlow lead a discussion reconsidering the water meter issue voted on at the last meeting (10-16-86). That action had accepted the amended application (Exhibit #8) as presented by Mr. Dennis Law, attorney for the owners. In the amended application, the owners would assume full costs for the installation of individual water meters, and would allow a space rent reduction equal to the factor of the specified water usage (granted to residents per single -wide or double -wide) and the water rate in existence "at _ the _time_the (Silver City) and application_is_grte." This meant that the space rent reduction allowance would remain constant after approval of the application. In the event of an increase in water rates, this burden would be assumed by the residents. Boardmember Barlow stated that she would like to see the amended application changed to be consistent with the previous application for metering. Barlow felt increased water rates would result in an effective rent increase to the residents of the park. Boardmember Barlow suggested that altering the amended application to read "prevailing water rates," would protect the residents from an effective increase in their space rent in the event of increased city water rates. That way, as water rates increase, space rents would be reduced to account for this. The Board discussed the issue among themselves and showed support for the change. MHRRB "inutes - 11/13/86 ge 3 IV. CONTINUATION_ OF FINDINGS: SILVER_ CITY _MOBILEHOME_PARK (continued) TAPE #3 TAPE #4 TAPE #5 MOTION: "Reconsider_ the _water _ issue__ voted_ on at the October 16th - Law's amended_ application, named as ---- - - - ------------ - ----------- Exhibit_8ag _as_chaned_by_discussion_ to read: ... For-_single=wide spaces1_the_amount _of_ the _rent _reduction will be_the_product_of 610_cubic_feet multiplied_by_the_prevailing_water_rate for single --- ------------- - --- ------------- family_residences_in_the_City_of_San_Luis_ Obspo__For_double=wide_ spaces_the_ rent _reduction __ will be_the_product_of 660_ cubic_ feet_ multiplied_by_the_prevailin_ratee_fam _for singlily_ ----- --- g_water- ----------- --- residences _in_the _City_of_ San _ Luis _Obispo__The_cost _for_... " (Barlow, Label). A voice vote was taken and the motion passed unanimously; AYES: 4, NAYES: 0. The Board then moved directly into discussion concerning the draft findings. They dealt with each finding individually, and designed the statements until they most accurately reflected the decisions and conclusions of the (entire) Board. After thorough review of Findings #1 - #8, the amended draft findings were unanimously approved by consensus of the Board. The Board approved, by consent, to amend draft finding #8 to reflect its opinion that the base year determined at the October 16th meeting should_be_changed_from 1985 to 1986. Boardmember Barlow felt this change would coincide with the formula the Board utilized because they applied an inflation factor thru January, 1986. --- MOTION: "Reconsider _the _base_year_to_1986_,_since_ the _ Board_ used the_inflationary_index_up_to_January_1986" (Barlow, Label). A voice vote was taken and the motion carried unanimously; AYES:4, NAYES:O. The Board stopped short of approving the findings as a package, and set this matter to be considered at the next meeting, which was established as Thursday, December 4, at 1:30 p.m.. The Board appointed a subcommittee to work out the approved formula for establishing the space rent increase, which will be presented to the Board for their consideration at the next meeting. V. CONTINUATION _OF_MOBILEHOME_ RECREATIONAL _VEHICLE _DISCUSSION Mr. Edward Nicas addressed the Board and stated he felt that the distinctions between recreational vehicles and mobilehomes are a a MHRRB minutes - 11/13/86 d ' ge 4 • V. CONTINUATION OF RECREATIONAL VEHICLE DISCUSSION — — ---- ----- ------------------------------- (continued) moot point because the Rent Stabilization Ordinance protects "space rent," not just "mobilehomes." The Board hesitated on providing a determination at this point due to the upcoming study session, where the Council will give direction to the Board on how it should view the issue. Adele Raymond spoke out for amending the Rent stabilization Ordinance to include protection for recreational vehicles. Charles Long spoke out against providing protection from rent increases for recreational vehicles. C. J. Fenderson spoke out against providing protection from rent increases for recreational vehicles. VI. ADJOURN The meeting was adjourned at 5:15p.m.. The last meeting this year will be on Thursday, December 4, 1986, 1:30 - 5:00p.m..