ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: C7
Prepared by: John Conley, Director Meeting Date: May 10, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: RELINQUISHING ENFORCEMENT AUTHORITY OF THE MOBILEHOME PARK ACT AND
THE SPECIAL OCCUPANCY PARK ACT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION: Introduce and adopt City Council Ordinance No. 2022- , relinquishing enforcement authority of the Mobilehome Parks Act and the Special Occupancy Parks Act to the California Department of Housing and Community Development.
CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.
PRIOR ACTION: On September 10, 1963, adopted City Council Resolution 63-71, assuming responsibility for the enforcement of State mobile homes and mobile home parks law and related matters (Vote: 5-0).
STATEMENT ON THE SUBJECT: Shortly after incorporation, the City assumed responsibility for enforcement of the Mobilehome Parks Act (MPA) and the Special Occupancy Parks Act (SOPA) with regard to regulation of the City’s mobilehome parks. These requirements include billing and issuance of “permits to operate,” mobilehome installations, accessory construction permits and fees, complaint investigations and associated record keeping, and park maintenance inspections and associated record keeping, among other administrative responsibilities.
In February 2022, the City was notified that the California Department of Housing and Community Development (HCD) is performing evaluations of local agencies’ Mobilehome Park Programs. After reviewing the program requirements and the City’s Building Division staffing, staff determined that additional resources would be required to provide the level services assumed under the law. The City has the option of either hiring additional staff to effectively implement this program or transfer the enforcement obligations to HCD. It is estimated that full enforcement of the State’s Mobilehome Park Program would require at least one additional full time equivalent (FTE) inspection position in the Building Division. In lieu of staffing additional positions, staff is recommending transferring enforcement authority of the Mobilehome Park Program to HCD.
There are 17 existing mobilehome parks within Vista that are regulated under the MPA and/or the SOPA.
The City processes approximately 5 to 10 building permits for mobile home setups and/or related improvements and handles approximately 10 complaints related to mobilehome park units on an annual basis. The City has not been able to staff a mobilehome park maintenance inspection program for the AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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Introduce and adopt City Council Ordinance No. 2022-7.
Vote: 4-0 (Ritter absent)
MEETING DATE: May 10, 2022 PAGE 2
SUBJECT: RELINQUISHING ENFORCEMENT AUTHORITY OF THE MOBILEHOME PARK ACT AND
THE SPECIAL OCCUPANCY PARK ACT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
past several years. Under the current proposal, all of these responsibilities would be transferred to HCD.
Plan check and permitting for HCD is handled through their southern regional office located in Riverside.
FISCAL IMPACT: The City currently collects annual fees from the mobilehome park owners for implementation of this program, which are split with HCD. Fees are established under the California Code of Regulations (CCR), Title 25, subsection 1008. Based on the number of parks and mobilehome spaces within Vista, the City currently bills and collects approximately $40,000 annually, of which about half, or $20,000 is sent to HCD. The City’s remaining portion, consisting of approximately $20,000 annually, is placed in the General Fund. Should the City Council proceed with the transfer of enforcement authority, the City would be responsible for repayment of these fees for the remainder of this calendar year and the City would no longer receive these fees in the future.
EXHIBITS:
1.City Council Ordinance No. 2022- , relinquishing enforcement authority of the Mobilehome Parks Act and the Special Occupancy Parks Act to the California Department of Housing and Community Development
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00107135 2
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CHARTERED CITY OF VISTA, CALIFORNIA, RELINQUISHING
ENFORCEMENT AUTHORITY OF THE MOBILE HOME PARKS
ACT AND THE SPECIAL OCCUPANCY PARKS ACT TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
The City Council of the City of Vista does ordain as follows:
1.Findings. The City Council hereby finds and declares all of the following:
A.This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B.Pursuant to City Council Resolution No. 63-71, the City of Vista assumed responsibility for the enforcement of the State’s Mobilehome and Mobilehome Parks Act.
C.The City of Vista desires to relinquish enforcement authority of the Mobilehome Parks Act (MPA) and the Special Occupancy Parks Act (SOPA) and associated responsibilities for the enforcement of Division 13, Part 2.1,commencing with section 18200 MPA and Part 2.3 commencing with section 18860 SOPA, of the California Health and Safety Code and their implementing regulations set forth in Title 25, California Code of Regulations Division 1, Chapters 2 and 2.2, the building standards published in the California State Building Standards Code relating to mobilehome parks (MHPs), special occupancy parks (SOPs), travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps and the related administrative regulations (collectively referred to as "the Acts") to the California Department of Housing and Community Development (HCD).
D.Pursuant to Title 25 of the California Code of Regulations (25 CCR), Section 1005(a), the City must advise HCD no less than ninety days prior to initiating the actions described in Sections 1.D and 1.E. The City of Vista sent written notice to HCD advising the agency of its intent to relinquish enforcement authority on March 7, 2022.
The City may relinquish its enforcement responsibility thirty days following approval of this ordinance by HCD.
E.Pursuant to 25 CCR Section 1005(b)(1), the City must send written notice to HCD not less than ninety days prior to the proposed effective date of the relinquishment, along with a copy of the adopted ordinance repealing enforcement authority.
F.Pursuant to 25 CCR Section 1005(b)(2) and (3), the City must, on or before the effective date of transfer of enforcement responsibility: (i) remit the appropriate fees to HCD, as identified in 25 CCR Section 1006; and (ii) transfer all park records to HCD.
2.Enforcement Responsibility Cancellation. The City of Vista hereby cancels its enforcement responsibility under the Mobile Home Parks Act and the Special Occupancy Parks Act and all related enforcement provisions cited in Section 1.B above. 05/10/2022 C7 3 of 4EXHIBIT 1
ORDINANCE NO. 2022 –
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00107135 2
3. Designation of Authority.
A. The City Manager, or their designee, is authorized and directed to provide written notification to HCD, along with a copy of this ordinance, not less than ninety days prior to a proposed effective date of transfer of enforcement responsibility (“effective transfer date”). The City Manager, or their designee, is authorized to identify the effective transfer date in the written notification to HCD.
B. The City Manager, or their designee, is authorized and directed to transfer the appropriate fees to HCD, as identified in 25 CCR Section 1006, on or before the effective transfer date.
C. The City Manager, or their designee, is authorized and directed to transfer all park records to HCD, on or before the effective transfer date.
4. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption. The City Clerk is authorized and directed to publish a copy in the manner provided by law.
5. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on May 10, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Darold Pieper
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