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Const itut ion." In citing the Whispering Pine case, Mr. Dowdall, described the court decision to require "experts" on both sides during rent control negotiations. Mr. Dowdall advised that in the Colony Cove v. City of Carson case, the Court held that if ~anV¡'ord;:nance (1 imiting the right to increase rents upon the sale of the mobile home)...works to increase the cost of such housing to all tenants except those in place at the time it was enacted, it is demonstrably irrelevant to the policy the legislature is free to adopt, rendering it an unconstitutional taking." Mr. Dowdall advised that substantial legal issues will ensue if rent control is adopted, that a hardship program is in place, leases prohibit capital improvement pass throughs unless tenants approve them by vote, and that leases extract more benefits from owners than any rent control ordinance could. Mr. Dowda 11 stated that since the current leases do not expire until 1995, there is no basis for consideration of rent control at this time. Councilmembers expressed dismay at some of the terms and implications in Mr. Dowdall's report, and Mr. Dowdall apologized for any misunderstandings and offered explanations of areas in question. Mr. John Philips, Carlsbad, California, manager of Harbor Village Mobilehome Park, discussed the confidential material submitted to the Council in the Western Mobilehome Association Report, and in answer to Council questions, advised that under the hardship program there have been some residents who received help in their monthly rent. Mr. Philips advised this information was confidential, but would supply numbers to the Council. MEMO 12/15/92 In response to Council questions, Mr. Dowdall described why mobile homes depreciate, the use of "blue book" in the sale of coaches, the two categories of pass throughs, and capital improvements and capital replacements. -------------------------------------------------------------------------------- Mayor Buchan declared a recess at 9:32 p.m. Meeting reconvened at 9:47 p.m. -------------------------------------------------------------------------------- The following people addressed the Council: Claire Bensen, Tri County Apartment Association, stated that negotiated agreements are a better approach than rent control. Don Wolfe, Director of Local Government Affairs of BIA, and a member of the San Mateo County Task Force on Housing advised that rent control inhibits the provision of family housing and is bad public policy as it is a disincentive to developers. In response to Council questions, Mr. Wolfe advised he would provide empirical evidence of this disincentive. MEMO 12/15/92 Regular Meeting Minutes December 14, 1992 MINUTE BOOK NO. 51 Page 7 Page No. 267 - ""-"~'""r- . -'"' ...-