CCMIN120396 - Laserfiche WebLink

It was moved by Ms. Michelotti, seconded by Ms. Dennis, to introduce Ordinance No. 1701, to be read by title only and waiving further reading thereof, amending Section 1 (part) of Ordinance No. 1588 and Chapter 6.60 of the Pleasanton Municipal Code concerning mobilehome space rents, with the changes recommended by the City Attorney. Mr. Pico asked Mr. Roush to respond to the comments about the hearings and the determination of fair market rental value and the impact on this ordinance. Mr. Roush indicated the issue that was dealt with in 1995 was whether the base year rents were low. The ordinance provided a procexlure to allow a neutral hearing officer to decide the issue. There are a number of criteria to be used to decide that. After hearing the evidence, it was decided the rents were low and the base year rents were changed to $335 as of 2/2/93. The issue being raised here is in a different context. The fair return adjustment hearings determine whether there is a fair return on the owner's investment. Under that procedure, one reviews the base year gross income, operating and other expenses, and compare those to the income in the base year to see what kind of return is being received. The first year Mr. Wagner owned the park was 1992 and that is the base calendar year for income and expenses. The ordinance contains a procedure to follow if Mr. Wagner feels that is not fair and he has not elected to follow that procedure in the last four years. Mr. Pico asked if there was merit in using the 1993 rental value for the formula. Mr. Roush agreed there is some argument to that, however he might have reached a different conclusion than the hearing officer regarding the base rent given the criteria in the ordinance. However, since the decision has been made, there is some merit in changing the provisions to use $335 as the base rent. Mr. Pico requested an amendment to the motion to include the adjustment of the base year to reflect to outcome of the hearing. The amendment was accepted. The r011 Call vote was as follows: AYES: Councilmembers - Ayala, Dennis, Michelotti, Pico, and Mayor Tarver NOES: None ABSENT: None ABSTAIN: None Item 6i Proposed Expansion of A!tamont Landfill. (SR96:359) Donna Cabanne, 4086 Loch Loreand, Livermore, indicated she was speaking on behalf of the Sierra Club, and urged Council to support the position taken by the City of Livermore. She felt people do not need or want 600 trucks on Highway 580 bringing in garbage from other areas. She did not want trains bringing in out of state trash. She referred to problems meeting the clean air standards on several days and felt the air quality impacts of the "megadump" cannot 22 12/03/96