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31 <br /> <br />decontrol provision will constitute a regulatory taking for which <br />compensation has to be paid to the park owner. There is an honest <br />difference of opinion between legal experts as to whether Yee <br />resolved that issue. Most California cases decided since that time <br />have said there is no regulatory taking, but there is one case that <br />left the question open. It may not be decided for two to three <br />years. To be more safe, Council could modify the ordinance to <br />include the same vacancy decontrol provisions as stated in the <br />agreement. That is, the owner could raise the rent 25% upon a <br />vacancy. <br /> <br /> Mr. Pico asked if there were a rent study for this park at the <br />beginning of the Agreement. <br /> <br /> Mr. Roush said the study surveyed other mobilehome parks in <br />Pleasanton and Livermore and compared the rents of similar parks. <br /> <br /> Mr.. Tarver commented on the fees and asked if there were a <br />fair way in terms of percentage to recover the processing fee if a <br />petition for a hearing were required. <br /> <br /> Mr. Roush indicated that it could be written so that if the <br />owner received 75% of his request, then the owner could recover 75% <br />of the administrative fee. <br /> <br /> Mr. Tarver asked if the $100 space fee for administration were <br />justified, in view of the fact other cities are only charging <br />$2.62. <br /> <br /> Mr. Roush indicated if all the spaces in Pleasanton were <br />covered, then the administrative fee could be spread out over a <br />wider group. At this point, the $3,000 realistically will be used <br />up in a month of staff time to administer the ordinance. <br /> <br /> Mr. Tarver asked if the agreements in other mobilehome parks <br />expired, would they be covered under the ordinance. <br /> <br /> Mr. Roush indicated all agreements expire as of the end of <br />1996. During 1996, the park owners and tenants will have the <br />opportunity to decide on an extension of the agreement or to fall <br />under the ordinance. <br /> <br /> Mr. Pico asked if the City could use affordable housing funds <br />to subsidize the rent increases for the senior citizens or other <br />qualified tenants. <br /> <br /> Ms. Acosta indicated Council established by ordinance what the <br />fund is and what it is used for. Council could subsidize this <br />park, however there are few who would qualify under Section 8 <br />guidelines. If Council desires, the ordinance would have to come <br />back with changes. <br /> <br />1/5/93 31 <br /> <br /> <br />