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2014/06/05 Mobile Home Park Rent Appeals Board MinutesCity of Rohnert Park · 130 Avram Avenue · Rohnert Park · CA · 94928 · (707) 588-2233 · Fax (707) 794-9242 Mobile Home Parks Rent Appeals Board Regular Meeting Minutes Thursday, June 5, 2014, 6:00 p.m. Rohnert Park City Hall - Council Chamber 130 Avram Avenue, Rohnert Park, CA 94928 1. Call to Order. Chair Engelhart call the meeting to order at 6:00 2. Pledge of Allegiance. Chair Engelhart led the Pledge of Allegiance. 3. Roll Call. Present (4): Chair Engelhart and Board Members Carlson, Reymond and Waterman. Vice Chair Broadhead was absent (excused). 4. Acknowledgement of Posting of Agenda. Mr. Beiswenger confirmed that the Agenda had been posted in accordance with the Brown Act. 5. Public Comment (on item not on the agenda). None 6. Non Agenda Items for Information Only. None 7. Consent Calendar – Adoption of Minutes It was moved by Board Member Carlson with a second by Board Member Reymond, and carried 4-0 to approve the March 6, 2014 Regular Meeting minutes. 8. Communications. None 9. Financial Report: Nothing to report 10. Matters for/from the Board 10.1 Review and Consider Request for Capital Improvement Pass-Through Petition (CIPT 2014-01), Rancho Verde Mobilehome Park. A. Staff Report. Jeff Beiswenger, Planner III presented the Staff Report which recommended the following to the RAB: 1. Determine that the petition is complete; 2. Accept the petition and require posting of a notice in common area of park; and 3. Direct staff to select a Hearing Examiner and schedule a hearing of the petition Beiswenger also distributed a print out of t he administrative record to the RAB members. The print out includes letters, e-mails and phone calls that were received by staff over the past week B. Public Comment The public comment period was opened by RAB Chair, Engelhart . The following is a summar y of the testimony: City of Rohnert Park · 130 Avram Avenue · Rohnert Park · CA · 94928 · (707) 588-2233 · Fax (707) 794-9242 Debbie, Clarkson of 510 Corte Naranja, Jan Kirby of 505 Corte Naranja, Connie Skogen of 313 Corte Rayado, Sharon Kahn of 128 Rancho Verde Circle, and Celine Haugen of 93 Verde Circle expressed surprise about and opposition to the CIPT petition. Several comments were made that the notice provided by the owner were confusing and that the project should not have been undertaken without tenant consultation. Several comments were made questioning whether this street improvement was necessary and whether this was actually a capital improvement or if it was a standard part of maintenance included in the rental fees. Several tenants referred to their rental agreements as evidence that the owner is responsible for maintaining the streets. Commentators also indicated the pass through would pose a financial hardship. Tom Caspar ian, a representative of the Rancho Verde Mobilehome Park owner, responded to some of the comments by stating that the park is rent controlled and is subject to limited increases for CPI and capital improvement pass throughs. Mr. Casparian indicated that he is happy to meet with residents in advance of any hearing. At a hearing we would present expert testimony that explains why the roadways needed to be improved. Additional discussion occurred. Chair Engelhart then queried staff regarding the completeness of the petition. Mr. Beiswenger stated that staff had reviewed the petition and found the application was complete. Motion by Carlson and a second by Reymond to find the petition complete. Motion carried 4-0. Motion by Reymond and a second by Carlson to accept the petition and require posting of petition in a common location of the park in both Spanish and English. Board discussion occurred regarding the nature of posting and the languages the notice should be provided in, with additional input from staff. Chair Engelhart called the question on the motion that the petition is accepted and posted in the park. Motion fails. Some discussion occurred that the petition was already accepted as complete so it wasn’t necessary to redo that. Chair Engelhart asked for another motion. Reymond moved that the petition is posted in the park. Waterman requested that the motion was amended to require that the posting is in a dual language. Carlson seconded. Discussion occurred regarding the language and location of the posting and other notices that will be provided to the residents. The Board asked for clarification regarding the Rules and Regulations and staff clarified that by accepting the petition as complete the Board was not approving the petition on the merits, but rather finding that the applicant had submitted sufficient information to allow the petition to be reviewed in a formal hearing to be heard at a later date. Engelhart called the question on the motion to require posting in a common area of the park in English and Spanish. Passes 4-0 Chair requested a motion to direct staff to select a Hearing Examiner and schedule a Hearing. City of Rohnert Park · 130 Avram Avenue · Rohnert Park · CA · 94928 · (707) 588-2233 · Fax (707) 794-9242 Motion by Reymond and a Second by Engelhart to direct city staff to selects a Hearing Examiner and schedule a hearing of the petition. The following discussion occurred: Discussion occurred regarding the selection of a Hearing Examiner. Staff advised that it recommended the matter be heard by a hearing officer because they are professional trained to to handle the technical and procedural nature of the hearing. Another advantage is that the RAB can remain as a possible appeals board. Staff also clarified that two hearing examiners, Peter Daly and Gregory Stubbs, had responded to a request by staff and their qualifications Chair Engelhart called for a vote on the motion to direct staff to select a Hearing Examiner to conduct a hearing of the petition. Passed 4-0. XIII. Other Public Appearances Chair Engelhart inquired about additional public comments. Additional comments regarding the CIPT petition were made by Celine Haugen, Sharon Kahn, Debbie Clarkson, Robert Fleak, Joshua Straywick, Debbie Clarkson and Vicky Swing. Discussion occurred regarding the effect of the Board’s decision to accept the petition. Staff clarified that once the application w as found to be complete, it must be heard either by the Board or a Hearing Examiner. Additional clarifications regarding the nature of the posting and the hearing on the petition were made. XIV. Next Regularly Scheduled Meeting: July 3, 2014 at 6:00 p.m. XV. Adjournment: Chair Engelhart adjourned the meeting at 8:05 p.m.