File #: 12-00354    Version:
Type: Agenda Item Status: Passed
File created: In control: BOARD OF SUPERVISORS
On agenda: 5/15/2012 Final action: 5/15/2012
Title: HEARING - Consider recommendations regarding Petitions for Review of Mobile Home Rent Control Arbitrator Award for Nomad Village, Second District, as follows: (EST. TIME: 2 HRS. 40 MIN.) a) Consider the Petitions for Review of the arbitrator’s December 20, 2011 Opinion and Award in the Matter of Arbitration Between Nomad Village Mobile Home Park and by Nomad Village Mobile Home Park Management filed by the Homeowners of Nomad Village Mobile Home Park and by Nomad Village Mobile Home Park Management; b) Find that the arbitrator did not abuse his discretion and affirm the arbitrator’s Opinion and Award and authorize the Chair to execute the final decision of the Board; or c) Find that the arbitrator abused his discretion, and consider recommendations, as follows: i) Reverse the arbitrator’s decision in whole or in part and authorize the Chair to sign the final decision of the Board; ii) Make a new decision without remand and authorize the Chair to sign the final decision of the Boar...
Sponsors: COMMUNITY SERVICES DEPARTMENT
Attachments: 1. Board Letter, 2. Attachment A - Arbitrator's Opinion and Award, 3. Attachment B - Homeowners Petition, 4. Attachment C - Park Management's Petition, 5. Board Letter 5/15/12, 6. Memo- NOMAD Binder, 7. Attachment A - Statement of Facts and Exhibits, 8. Attachment B - Response Letter to County from James Ballantine, 9. Attachment C - Homeowners' Arbitration Pre-Hearing Brief, 10. Attachment D - Objection and Response by Nomad Village Mobile Home Park to Petition for Arbitration and Exhibits Attached, 11. Attachment E - Arbitration Hearing Brief by Nomad Village Mobile Home Park, 12. Attachment F - List of Arbitration Exhibits Presented at Arbitration, 13. Attachment G - Homeowners' Post-Hearing Opening Brief, 14. Attachment H - Opening Post-Hearing Brief by Nomad Village Mobile Home Park, 15. Attachment I - Homeowners' Post-Hearing Closing Brief, 16. Attachment J - Closing Post-Hearing Brief by Nomad Village Mobile Home Park, 17. Attachment K - Submission of PUC Orders by Nomad Village Mobile Home Park, 18. Attachment L - Nomad Village Mobile Home Park Rent Control Hearing Transcripts 9-19-11 Part 1, 19. Attachment M - Nomad Village Rent Control Hrg Transcripts 9-20-11, 20. Attachment N - Arbitrator's Opinion and Award, 21. Attachment O - Homeowners' Petition, 22. Attachment P - Nomad Village Mobile Home Park's Petition, 23. Attachment Q - Notice of Exemption, 24. Attachment R - Matrix of Board Options- Arbitration Award, 25. Public Comment: Jeanette Warren, 26. Public Comment: Blue Skies, 27. Public Comment: Bernice Pagliaro, 28. Public Comment: Martha Hassen, 29. Presentation, 30. Presentation - Revised 5/14/12, 31. Public Comment: Jerry McGovern, 32. Public Comment: Blue Skies Mobilehome Owners
Title
HEARING - Consider recommendations regarding Petitions for Review of Mobile Home Rent Control Arbitrator Award for Nomad Village, Second District, as follows: (EST. TIME: 2 HRS. 40 MIN.)
 
a) Consider the Petitions for Review of the arbitrator's December 20, 2011 Opinion and Award in the Matter of Arbitration Between Nomad Village Mobile Home Park and by Nomad Village Mobile Home Park Management filed by the Homeowners of Nomad Village Mobile Home Park and by Nomad Village Mobile Home Park Management;
 
b) Find that the arbitrator did not abuse his discretion and affirm the arbitrator's Opinion and Award and authorize the Chair to execute the final decision of the Board; or
 
c) Find that the arbitrator abused his discretion, and consider recommendations, as follows:
 
i) Reverse the arbitrator's decision in whole or in part and authorize the Chair to sign the final decision of the Board;
 
ii) Make a new decision without remand and authorize the Chair to sign the final decision of the Board; or
 
iii) Remand the case to the arbitrator for reconsideration and authorize the Chair to execute the final decision of the Board, and consider recommendations, as follows;
 
1) Consider whether to set a rehearing on any matters remanded by the Board;
 
d) Determine that the Board's review of the Arbitrator's Opinion and Award is not the approval of a project that is subject to environmental review under the California Environmental Quality Act (CEQA); and
 
e) Approve the filing of a Notice of Exemption.
 
COUNTY EXECUTIVE OFFICER'S RECOMMENDATION: POLICY