HomeMy WebLinkAboutMin - CC - 1979.06.193E1
L-
BURLINGAME CITY COUNCIL
SPECIAL MEETING
June L9, 1979
CALI, TO ORDER
A special meeting of the Burlingame City Council was held on June
79, L979, in the City HalI Council Chambers. The meeting was ca1led
to order by Mayor Irving S. Amstrup at 8:05 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was led by Cit.y Manager Charles
SchwaIm.
ROLL CALL:
Councilmembers present: AMSTRUPT BARTON, CROSBY, M}..RTIN
Councilmembers absent: IIANGINI (excused)
PROPOSED RENT CONTROL ORDINANCE
Mayor Amstrup announced the purpose of the public meeting was for
consideration of the proposed ordinance prepared by the City Attorney
at Council's request and previously discussed by Council at its study
meeting of June 6th. He asked the City Attorney to review the ordin-
ance so those present would know its contents.
City Attorney Jerome F. Coleman outlined each section of the pro-
posed ordinance. Its purpose is to establ-ish a rent control com-
mission which lvi1l function similarly to other city commissions and
whose actions will be subject to appeal to the City Council. The
Commission would adopt rules and regulations subject to Council
appr oral for the stabilization of rent using as base rental that of
July \,1978, provide for an annual percentage rent i-ncrease based
upon a price index, aIlow for the pass through of increased costs,
and provide for hearing process for adjustments. There is a pro-
vision for exemption for smalI buildings with one unit owner-
occupied, newly constructed units and luxury units. Leased prem-
ises would be exempt until- the lease termi-nates, with the last
month's rental fixed as the base rent. Administration will be by
the City Manager throuqh the Director of Finance, with provision
that administration may be contracted out. An attempt is made to
remove rent control employees from crvil service'fringe benefits.
A fee of $7.50 per resi-dential unit is set for the fir:st year, to
be adjusted with the approval of the City Council thereafter, and
there is a provision for filing fees payable by individuals re-
questing hearings. The section on evictions was amended as re-
quested by Council and. now makes it a defense if eviction results
from an attempt to enforce compliance with the ordinance but re-
tains the provisions concerning retaliatory actions. The final
section of the ordinance provides it will expire on July 1, 198I,
unless extended by Council or superseded by state law.
fn response to Councilwoman Barton's question, Mr, Coleman stated
that Council may (1) decide to take no action, (2) hear comments
and postpone action t ot (3) determine now or at a later date toput the ordinance or an amended ordinance on the baIIot. If there
are two propositions on the ballot, one the j-nitiative and the other
the ordinance from Council, and both receive a majority of votes,
the one receiving more votes will pass i if neither receives a majority
of votes cast, neither will pass.
Mayor Amstrup opened the rneeting for public comment.
MR. JOSEPH KARP of 1103 Juanita Avenue questioned
1978 r ds the base date instead of January L, 1979 ,
usein of July l,
the Concerned
r-F-@ffiE?
382
Citizens' initiative, calling attention to the rise in the con-
sumer price index between those dates.
MRS. DOROTHY SCHINDER of 117 Park Road pointed out the housing
problems of the disadvantaged living on rental subsj-dies,particularly the reluctance of property owners to rent when a
government contract is required.
MR. JOHN COCKROFT of t25O Jackling Drive, a property owner, -owner of rental property and real property manager, speaking
on behalf of the people he represents and himself, said they are
a1l opposed to rent controf in Burlingame. He said a basic right in the
United States is to own real property and have its independent
and free use as long as j-t doesnrt interfere with neighbors.
He believes that rent control will bring appeals to Council from
everyone who has a housing problem, whether or not it is
related to the issues of rent control. He cited several communi-ties
where private property regulation has extended to regulation of
the right of free sale of a one-family residence.
JOSEPH KARP again addressed Council. He cited his moderate
rent increases, and added that he believes the current situation
was generated because of friction between one owner and tenants,
and out-of-town forces then became involved. He said he did
not believe that a group of 50 or 100 people who have a problem
should influence the entire community.
MS. SCHINDER suggested a commission, to which both the owner
and tenant could come, might negate the need for rent control,
adding that people are crying out for help.
MR. BRUCE KIRKBRfDE, a resident of San Mateo, requested use of
the later base date because the city ordinance should not be
more severe than that of the Concerned Renters.
MR. DAVID ADLER of l-42I- Bellevue, said he hadn't raised rents
in his building si-nce December, L977, and he felt rent control
portends more government control.
MR. JIM WAGER of 1060 Carolan, said rent control is not the first
step in control, it was preceded by zoning 1aws, taxation and
other forrns of government intervention, which are often prompted
by injustices. Under a free economy there would be many high-
rise apartment buildings in Burlingame.
MS. BETTY LILLIENTHAL of 309 Lorton, and MS. SYLVIA NUSSMAN of
1415 Floribunda voiced cbjections to statements about general
public disinterest in rent control.
The public hearing was closed.
Mayor Amstrup pointed out that the frequent statement that
rent control is necessary for retired persons is fallacious
in that an annual increase of 7eo or more would quickly become
a problem to those on fixed income. A better solution to
their problem would be a state or national sulqiidy for older
people.
There was Council discussion of the base rent date change
to January 1, 1979, and it was brought out that July L, L978,
was used to coincide with the effective date of Jarvis-Gann and
that,time would be taken into account.
Counci-lman Crosby stated thaL, as other councilmembers, he was
not in favor of a rent control ordinance, but the Council had
been asked to consider an ordinance more equitable than the
initiative ordinance. It will be the voters who will decide
whether or not rent control should be in effect in Burlingame.
L---^ !.a-.$ri a4--lre.!. .' i rri.
9()?rl(J d
Councilman Martin pointed out the disadvantage of the enactment
of ambiguous legislation by the initiative process because
it can be changed only by further voter action. He advocated
support for Assembly Bill 81 which proposes a $300 subsidy forrenters instead of $37.50.
Councilwoman Barton voiced opposition to a City rent control
ordinance on the baIlot because this may give the impressionthat the Council supports the ordinance.
Both I'[r. Karp and Mr. Cockcroft objected to tvro ordinances
being placed on the bal1ot because of possible voter confusion
and because they believed the issue could more easily be defeatedif there were only one on the bal1ot. Mr. Karp said he believedthat landlords who had not gouged are entitled to some of the
economic benefits from the Jarvis-Gann Arnendment.
Council expressed regret that there had been only minimalpublic comment about the provisions of the ordinance underconsideration. It was the unanimous decision of councilmembersrthat since action on an ordinance is not required until
August, to postpone further consiCeration.
It{ayor Amstrup adjourned the meeting at 9:27 p.m.
fur"-7r{rzlttCity cferk