Camarillo City Council Rejects Rent Control
By Logan McFadden
At the regular semi-monthly City Council meeting on Wednesday, mind February 25th, sick Mayor Bill Little presented a City Tile to the family of Jimmie Palacio in recognition of his service to the City of Camarillo. Mr. Palacio passed away in January 2015. All of the Council members spoke highly of Mr. Palacio and his almost 30 years of service. Many city employees were in the audience to honor the memory of their friend and co-worker.
The Council was updated on Mobile Home Park issues including, abortion rent control, parking, lease and financial assistance. Brian Pierik, City Attorney, gave a comprehensive Power Point presentation covering case law, factors used to determine a rent control decision and Camarillo’s Rent Review Commission which was formed in 1984. The Commission has received 38 petitions and conducted 28 hearings over the past thirty years. Eleven hearings involved apartment renters and seventeen mobile home parks. The Commission found in favor of the petitioners in eleven hearings and the owners in seven hearings. Ten hearings resulted in a compromise among the parties. The crux of the matter is whether the City continues using the voluntary Rent Review Commission process or adopts a rent control or rent stabilization ordinance which would be mandatory.
The pressing matter at this time is brought by residents of the Lamplighter Mobile Home Park. The residents are stating that the park owner, IPG, is demanding rent increases that are unfair and not maintaining the park. The complaints have several moving parts and were voiced by several residents and their attorney at tonight’s Council meeting and the HOA President, Matt Lorimer, at previous Council meetings. Another issue, inadequate parking, has been resolved by the City and Fire Department to the satisfaction of the residents.
The residents and owner are in disagreement about rent increases for the mobile home pads and the lease terms. The residents also indicated that communications from the owner are sporadic, inconsistent and untimely. Although not confirmed, the HOA President stated that the Rent Review Commission and owner met on more than one occasion without a member of the HOA present. The findings of said meetings did not satisfy the residents and were allegedly based upon erroneous information provided by the owner. The owner offered to reduce the minimum annual rent increase from 4% to 3.5% or CPI, whichever is greater. The owner also offered to cap an annual rent increase at 6% and not to pass through costs for capital improvements or operating expenses. The owner is offering long-term leases with options for 15, 20 or 25 years. The residents can also opt for a one year lease. The long-term leases have an onerous condition which states that upon sale of a mobile home, the new resident/owner will receive a 25% rent increase. One resident brought up the downward pressure on his home value in order to mitigate the 25% increase. Another resident said what individual would enter into a financial agreement with terms of 15, 20 or 25 years for this type of transaction.
Brian Pierik honed in on the concept of a “fair return” for the owner of the mobile home park. This is probably the most important factor when considering the decision to impose rent control. If rent control is imposed after the owner has acquired the mobile home park, it is likely that the “fair return” projected by the owner will be negatively impacted. Based on precedent in case law, cities have been forced into litigation by a harmed owner and the courts have awarded large monetary damages to the owner. Mr. Pierik opined that Camarillo should not expose itself to such a risk.
The Council members then came out strong in defense of the Rent Review Commission process which has worked effectively for 30 years. Members expressed their frustration when the residents requested a postponement of the vote to allow time to address options available to the City for rent control based upon the allegation that the City Attorney did not assess all of the options. The residents did not suggest any options for consideration. The Council defended the City Attorney’s analysis and recommendation and reminded the residents that this issue has cost the City time and money to reach the decision on rent control. The residents were told that further discussion or hiring a consultant would not change the outcome in their favor.
Councilmember Jan McDonald expressed empathy for the residents who stated that they live on a fixed income and cannot afford the cumulative impact of “unfair” rent increases. She advised the residents to take ownership of their situation and deal directly with the owner on a united front without any further intervention on the part of the City. The City Manager, Bruce Feng, spoke forcefully to the fact that the City’s intervention has had a positive impact. Councilmember Kevin Kildee stated that there is a huge demand to live in Camarillo which results in upward pressure on rents. Mr. Kildee said “where we live is where we live”. He also stated that he could not place the City in a position with potential risk of litigation arising from a decision to implement mandatory rent control guidelines.
The Council voted unanimously to deny the HOA’s request for a rent control ordinance and concurrently for any other mobile home parks in the City.
Moving on to further business, the Council voted unanimously to confirm appointments to City committees, boards, and commissions. The Citizen Appointment Committee selected the new appointees from a large group of well qualified volunteers who responded to appropriate notices to fill expired terms and unscheduled vacancies.
Mayor Bill Little spoke of the importance for the Council to meet with Pleasant Valley School District representatives to develop a better understanding of the education of students at all grade levels. The impact of the Common Core curriculum was specifically mentioned. This new effort will be launched with a meeting of the liaison committee and the District. All of the Council members will then meet with the District to discuss the agenda formulated by the liaison committee.
The City Council placed a moratorium on the production of adult films in March 2013. Effective March 2015, the moratorium will be lifted with the implementation of a new ordinance. The Council voted unanimously to add Chapter 9.22 (Safer Sex in the Adult Film Industry) to Title 9 (Health and Safety) of the Camarillo Municipal Code establishing procedures for the issuance of adult film permits for the production of adult films within the City. Other communities have implemented similar safe sex ordinances which have served to reduce the number of applications for filming permits. The adult film industry has essentially moved to Las Vegas where filming is not subject to strict ordinances. Councilmember McDonald asked who would be responsible to monitor compliance with the safe sex ordinance. She wanted to ensure that City employees would be placed in an onsite visit situation. The Sheriff’s department will monitor compliance. It is the hope of the Council members that adult film permits will not be requested for adult films.
The Council voted 4 to 1 to rezone an 8.66-acre site located north of the U.S. Highway 101/Ventura Freeway, east of Santa Rosa Road, south of Verdugo Way, and west of Camino Ruiz. The land which was zoned for industrial was re-zoned to Residential Planned Development (15-units per acre maximum). The zoning change is to accommodate the development of 129 for-sale residential units consisting of 2 and 3 bedrooms. The developer presented a summary of findings pertaining to environmental issues such as air quality, water sources and compliance with the newly adopted parking ordinance. All issues have been mitigated to “less than significant”. The project will be set back from the freeway by 80 feet.
Councilmember McDonald opposed the re-zoning because the proposed project is “not good for Camarillo”, too close to the freeway, adds traffic and is potentially difficult to resell due to the location and exposure to freeway pollution. Mayor Bill Little spoke for the majority by deeming the study report prepared by Rincon as acceptable based upon prior projects completed within Camarillo. The re-zoning is the first step in a long process to gain final approval for the construction of the 129 townhomes.
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Logan McFadden is a Citizensjournal.us city reporter and a recently retired banker, residing in Camarillo. He volunteers for the Heritage Action Sentinel team and serves as the AMAC Delegate to the 26th Congressional District and a Convention of States District Captain.
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