1989 SEP 5 REG MIN - Laserfiche WebLink

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134 Councilman Rios read in full a Proclamation, declaring the month of September, 1989, as LITERACY MONTH. The Proclamation was accepted by City Librarian, David Davis. PUBLIC HEARINGS: Zone Change Mayor Gonzales declared the Continuation of the Public Hearing. Deputy City Clerk Veralrud submitted the Affidavit of Posting Continu- ance and reported that no protests or objections had been received. Community Development Director Jaime Aguilera recommended that the zone change request, from R-1/PC to R-1, File Index No. A-3-89 and D-57-89, be continued to the meeting of Tuesday, September 19, 1989. On Council consensus, the Public Hearing was continued. COMMUNITY DEVELOPMENT DIRECTOR'S REPORTS AND RECOMMENDATIONS: Mobile Home Rent Stabilization Ordinance Community Development Director Aguilera reported that after approval of First Reading of Ordinance No. 0-19-89, the Mobile Home Rent Stabiliza- tion Ordinance, a court ruling was made which affects this Ordinance. Mr. Aguilera said in view of this recent Court decision, Best, Best and Krieger, Legal Counsel, advise that the City Council not proceed with Second Reading of Ordinance No. 0-19-89, and that the City Council con- sider First Reading of an amended Ordinance. Mr. Aguilera continued it is necessary that the City Council take action as to the Negative Declaration prior to considering action on the amend- ed Ordinance. After consideration of the Negative Declaration, the _ Council needs to approve waiving full reading of the Ordinance, a 40 page document. A unanimous vote is required to waive full reading. First Reading of the amended Ordinance can be passed by a majority vote, Mr. Aguilera then outlined a proposed budget for implementation of the Ordinance and the necessary expenditures. Mr. Aguilera concluded Staff recommends Council adopt Resolution No. R-120-89, adopting the Negative Declaration, waive full reading of Ordinance No. 0-19A-89, pass First Reading of Ordinance No. 0-19A-89, and approve proposed Budget and expenditures as outlined. City Attorney Edwards stated that he is a resident at Lake Cadena Mobile Home Park, therefore, Mr. Neuerburg of Best, Best & Krieger, will act in his place on this matter. Mr. James Neuerburg, Legal Counsel from Best, Best & Krieger, addressed the City Council and explained the California Supreme Court ruling, which sets forth guidelines for the exercise of judicial powers by administra- tive agencies and particularly for boards or commissions set up by city ordinance for the administration of rent control. Mr. Neuerburg out- lined the sections of the City's Ordinance that were amended to conform to the Court ruling, and recommended the Council consider the proposed Ordinance in its amended form to comply with the Court decision. Councilwoman Cisneros stated she was concerned that everything is done legally and as recommended by our Legal Counsel. Moved by Councilwoman Cisneros, seconded by Councilman Lofy, to waive full reading of the amended Ordinance, No. 0-19A-89. Upon Roll Call, the Vote was unanimous. Moved by Councilwoman Cisneros, seconded by Councilman Lofy, to adopt Resolution No. R-120-89, pass First Reading of Ordinance No. 0-19A-89, and approve proposed Budget and Expenditures as outlined. Upon Roll Call, the Vote was: AYES: Three; Cisneros, Lofy, Gonzales. NOES: Two; Rios, Rehrer. ABSENT: None. Motion carried. S EP 5 1989