1996/09/05 Mobile Home Park Rent Appeals Board Minutes CITY OF ROHNERT PARK
MOBILE HOME SPACES - RENT APPEALS BOARD
MINUTES
Thursday - September 5, 1996
The Rent Appeals Board of the City of Rohnert Park met this date in regular
session commencing at 7:00 p.m. at City Hall, 6750 Commerce Boulevard,
Rohnert Park, California.
Call to Order: Chairperson Vinsick called the regular session of the Rent Appeals Board to
order at approximately 7:00 p.m. and led the Pledge of Allegiance.
Roll Call: PRESENT: (5) Board Members Collins, Engelhart, Huff, Taylor
and Chairperson Vinsick.
ABSENT: (0) None.
Staff present for all or part of the meeting: Housing Services Representative
Diane Tomkins and City Attorney John Flitner.
Approval of Minutes Board Member Taylor called for correction to the Minutes, page 4, Motion
paragraph, last line: "...was approved as amended by a vote of 44n-favor 3-in
fux..."" Upon motion by Board Member Collins, seconded by Board
Member Taylor, the Minute:5,of August 15, 1996 were approved as corrected
(Board Member Engelhart abstaining).
Adding Items to the Agenda There were two additions to the agenda, Staff and City Attorney Reports.
Acknowledging Chairperson Vinsick confirmed that the agenda was posted as required by
Posting of Agenda law.
Unscheduled Public Appearances There were two unscheduled public appearances.
Victor Stevens Mr. Stevens presented the argument that if Valley Villagels roads were in
Valley Village such bad shape as compared to other roads in the city, then the original
installation was defective. Such defects should have been known to the
purchaser, the most recent park owner. He maintained that Park residents
should not have to pay for such defects of original construction.
Rent Appeals Board Minutes Page 2 member S,1"996
David Wilson Mr. Wilson stated that the road conditions were due to 15 Years Of wear and
Property Supervisor difficult soil conditions in Rohnert Park. Original roads were built to state
Cambridge Properties(VV) standards.
Mr. Wilson requested that consideration of pre-approval of capital improve-
ment language be opened for public comment. Pre-approval could be a
process whereby owner and residents agree on improvements to be installed
and costs. Board would not chose final bid and park owner could obtain
better financing. He requested that David Spangenberg, park owner attorney,
be heard at the 10/3/96 Board meeting.
Communications, Housing Services Rep. Tomkins reviewed the communications which were
provided for information purposes.
City Attorney's Report:
1. Hillsboro Properties City Attorney Flitner stated the appeal had been filed 8/26/96. After reply
Appeal briefs and rebuttal, the court schedule may be 15-18 months, well into 1988.
2. Redwood Village v, City Attorney Flitner reviewed his 8/29/96 memo in which County Counsel
SCCDC Decision Toma stated that there was no final judgment to use as precedence and that
the judge's decision paraphrased existing Sonoma County MH rent law.
Staff Reports: Housing Services Rep. Tomkins stated that the City of Rohnert Park had
obtained a Community Development Block Grant (CDBG) for earthquake
resistant bracing system (ERBS) for Rancho Grande and Valley Village MHP
low-to-moderate income residents. These two parks were outside the rede-
velopment project area which excluded them from previous programs.
Sonoma County Community Development Commission staff would contact
residents and their associations to inform them of the free program.
Scheduled Public Appearances: There were no scheduled publig appearances.
Other Items for Discussion:
1. Resolution No. 96-07, Approving Amendment of the Bylaws, Article II, Section 5 - Regular Meetings of
the Board. Law changed by City Ordinance No. 622, adopted 8/27/96,
effective 9/27/96. Housing Services Rep. Tomkins reviewed the 9/5/96
memo regarding the change. Chairperson Vinsick called for public comments;
there were none. After brief discussion, the chairperson called for a motion,
Motion Board Member Taylor motioned to accept changes to the Bylaws for one
meeting per month, subject to emergency meetings. Motion seconded by
Board Member Engelhart. Friendly amendment by Board Member Collins
was accepted by both motioning members: Motion to approve Resolution
No. 96-07, Approving Amendment of the Bylaws, Article 11, Section 5 -
Regular Meetings of the Board was approved unanimously. It will become
Mot Appeals Board Minutes Page 3 September 15, 19%
effective September 27, 1996. First regularly scheduled M=tWX Board
meeting will be October 3, 1996, at 7:00 p.m.
2. Rules and Regulations Housing Services Rep. Tomkins referred to the 8/15/96 staff report which
Changes: Pre-Approval recommended that a pre-approval process ml be adopted and reviewed other
of CIPTs concerns in the existing CIPT process. Board and staff discussion included:
1) public hearings are scheduled after Board determined language to be
considered; 2) Board not ready to specify language at this time; 3) request by
proposing party (David Spangenberg) to speak regarding staff analysis and
Board concerns at 10/3/96 meeting; 4) Brown Act allows for scheduled and
unscheduled appearances before the Board; 5) similar procedure was used for
residents proposing changes to Ordinance and its rules and regulations; 6)
rules did not prohibit park owner from meeting with and gaining approval of
residents prior to capital improvement installation; and 7) such items should
be improvements, not neglected repairs. It was the consensus of the Board to
hear proposing party's presentation at the 10/3/96 Board meeting, as
requested. If the Board considered any rules and regulation changes, such
change would be published and a public hearing held.
Other Matters from Board Members:
1, Miscellaneous Items: Board Member Collins asked that if the Ordinance was declared
unconstitutional in the Hillsboro appeal, would the amended Ordinance
(which included capital improvement pass-throughs) be in effect. City
Attorney Flitner stated that might be the case but that base rents for the
interim period would have to be determined. Board Member Collins
postulated that calculation of Green Book rents during that interim period
might be a lesser amount that what park owners obtained under rent control.
City Attorney Flitner acknowledged that inflation had been at a lower rate
than previous calculations.
2. Date of Next Meeting. Chairperson Vinsick announced that the next regular meeting would be
September 19, 1996 at 7:00 p.m.
Other Unscheduled Public Appearances: There was one unscheduled public appearance.
Coleman Persily Mr, Persily asked for and obtained a COPY of Communication item#5,
GSMOL Regional Rep. 8/27/96 letter from David Spangenberg.
Adjournment: There being no further business and no one further desiring to be heard,
Chairperson Vinsick adjourned the regularly scheduled meeting of the Rent
ATTEST: Appeals Board at approximately 7:58 p.m.
Housing Services2epr�es_entative Chairperson