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30 <br /> <br /> Mr. Roush indicated the Committee did recommend vacancy <br /> decontrol along the lines of what the other park owners have <br /> pursuant to the agreement. <br /> <br /> Greg Burton, 4202 Stanley Boulevard #24, representative of the <br /> tenants at the Pleasanton Mobilehome Park, indicated he had spoken <br /> to Mr. Pico regarding the $340 per month with a three-year phase <br /> in. Mr. Burton was against the proposal based on the rent survey <br /> commissioned by the City. He was not against the agreement, but <br /> was opposed to the rent survey results. It tried to ascertain fair <br /> market value for the spaces in the park. He stated the rent survey <br /> established that the rents in Pleasanton Mobilehome Park were below <br /> fair market value. He indicated that Mr. Wagner is trying to get <br /> a fair rate of return, but is not entitled to fair market value and <br /> cited Oceanside Mobilehome Park Association v. City of Oceanside. <br /> He believed an owner could get a fair return even though the rents <br /> are not at the fair market value. <br /> <br /> Mr. Burton was strongly in favor of the ordinance and wanted <br /> Mr. Wagner to open his books to show what his expenses are. He <br /> indicated Mr. Wagner has not made improvements to the park. He <br /> then reviewed the expenses of Mr. Wagner. Mr. Burton then reviewed <br /> his calculations, which indicated the lowest rate should be <br /> $252.64. However, the survey says it can go up to $335. Mr. <br /> Burton indicated his view that the $82 difference is the premium <br /> the City is willing to pay Mr. Wagner so he doesn't sue the City. <br /> <br /> Mr. Burton then reviewed various cases involving rent control <br /> ordinances and indicated his belief that Mr. McGuire's legal <br /> threats are groundless. <br /> <br /> Mr. Burton indicated the tenants want protection from high <br /> rents. In good faith, the tenants agreed to enter into the <br /> agreement. He was opposed to that because it is not binding as <br /> evidenced by Mr. Wagner. It is not the responsibility of the <br /> tenants to help Mr. Wagner solve his financial problems. If he <br /> were a reasonable person there would be no problem. He reiterated <br /> the need for protection of the tenants. Only an ordinance can <br /> provide that protection. <br /> <br /> Mr. Robert Bird, indicated his mother has lived in the Park <br /> since 1953 and indicated his family had done all the improvements <br /> for her space, not the park owner. He was in favor of rent <br /> increases on a graduated basis, because of his mother's age and <br /> because she lives on Social Security. <br /> <br /> Mr. Tarver asked what the City's position was regarding the <br /> law and rent control for mobilehome parks and the ordinance as <br /> submitted. <br /> <br /> Mr. Roush indicated there is no question that a City can adopt <br /> an ordinance; the unresolved issue is whether the lack of a vacancy <br /> <br /> 1/5/93 30 <br /> <br /> <br />