Agenda Item No. 1
City of Yucaipa
City Council Minutes
Special Meeting of July 11, 2022
A Special meeting of the City Council of the City of Yucaipa, California was called to order in the Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, California, on July 11, 2022, at 6:00 PM.
PRESENT: David Avila, Mayor
Justin Beaver, Mayor Pro Tern
Greg Bogh, Councilmember
Jon Thorp, Councilmember
Ray Casey, City Manager
Jennifer Crawford, Assistant City Manager/City Clerk
Amy Greyson, Assistant City Attorney
ABSENT: Bobby Duncan, Councilmember
David Snow, City Attorney
CONVENE CITY COUNCIL
The meeting was opened with the Pledge of Allegiance led by Councilmember Thorp.
PUBLIC COMMENT (Limited to Items on this Agenda)
Tony Slaick, Yucaipa, commended the work of the Mobilehome Rent Review Commissioners and stated that the Commissioners made intelligent rational decisions during the biennial review and did an outstanding job with determinations that were good for the mobilehome park residents and owners.
DEPARTMENT REPORT
1. SUBJECT: BIENNIAL REVIEW OF MOBILEHOME RENT STABILIZATION
ORDINANCE AND RESOLUTION
RECOMMENDATION: That the City Council:
Conduct a Biennial Review of the Mobilehome Rent Stabilization Ordinance (Yucaipa Municipal Code Chapter 15.20) and the Administrative Rules, and direct staff as appropriate; and
2. Direct staff to prepare appropriate documents and return to City Council for approval.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford introduced the Agenda item and noted that both herself and Assistant City Attorney Greyson would be presenting the Agenda Report.
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Assistant City Manager/Rent Administrator Crawford stated that the Agenda Report contains a summary of 15 proposed revisions submitted by various stakeholders that were reviewed by the Mobilehome Rent Review Commission (Commission) during the May 17, 2022, Biennial Review of the Ordinance and the Administrative Rules. Each of the 15 items include Commission and staff recommendations, recommendations for Ordinance and Rules amendments, and requests for direction from the City Council, where appropriate.
Assistant City Manager/Rent Administrator Crawford confirmed that the protocol for this Special Meeting would be to start with staff recommendation number 1 of the Department Report and to present each of the 15 proposed revisions as follows:
• Staff Presentation
• Public Comment
• Council Discussion
• Council Action
Mayor Avila concurred and added that, based on the number of public comments expected for this meeting, the public comment time limit will be limited to two minutes.
1. SUBJECT: ANNUAL ADJUSTMENTS (Issue raised by stakeholders) RECOMMENDATION: That the Council consider Option # 1 through #4 pertaining to the Annual Adjustment formula.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 1 of the Staff Report.
Public Comment
Shirley Dalton, YMRA Chairperson, stated that YMRA supports the Commission's recommendation to maintain 80% CPI and 4% cap.
Julie Paule, representing Western Manufactured Housing Communities Association (WMA), stated WMA's support of 100% CPI with the elimination of the cap.
Robert Evans, representing Manufactured Housing Educational Trust (MHET), stated MHET's support for rent increases of 100% CPI.
Mitch Emerson, Owner of Valley Breeze Mobilehome Park, stated that his family purchased the land in 1959 and built the Park and that it remains a family -run business. Mr. Emerson spoke in support of 100% CPI, stated that the CPI cap should be eliminated, and asked how an 80% increase is fair to the Park Owners.
After Council discussion, the following Motions were made:
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ACTION: MOTION BY COUNCILMEMBER BOGH, FAILED DUE TO
THE LACK OF A SECOND, TO APPROVE THAT THE PARK OWNER
MAY INCREASE THE RENT IN EACH REGULATED SPACE ONCE
ANNUALLY, BY 100% OF THE INCREASE IN CPI, OR BY A 5% CAP OF THE CURRENT SPACE RENT, WHICHEVER IS LESS.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
MAYOR AVILA, CARRIED 4-0-1-0 (COUNCILMEMBER DUNCAN
ABSENT), TO APPROVE OPTION 91: THAT THE PARK OWNER MAY
INCREASE THE RENT IN EACH REGULATED SPACE ONCE
ANNUALLY, BY 100% OF THE INCREASE IN CPI, OR BY A 4% CAP OF THE CURRENT SPACE RENT, WHICHEVER IS LESS.
2. SUBJECT: EXEMPT LONG-TERM LEASE FROM AB 2782 (Issue raised by stakeholders)
RECOMMENDATION: Staff does not recommend any changes to the Ordinance or Rules relating to spaces subject to long-term leases.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 2 of the Staff Report.
Public Comment
Julie Paule, representing WMA, stated that WMA supports long-term leases being exempt from rent control, is an advocate of the status quo pertaining to this issue, and questioned the City's need to get in between two parties.
Robert Evans, representing MHET, stated that MHET supports long-term leases being exempt from rent control and is requesting that this item stay status quo.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
MAYOR PRO TEM BEAVER, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
MAKE NO CHANGES TO THE ORDINANCE OR RULES RELATING TO
SPACES SUBJECT TO LONG-TERM LEASES.
3. SUBJECT: RENT ADJUSTMENTS UPON VACANCY -- IN -PLACE
TRANSFERS (Issue raised by stakeholders)
RECOMMENDATION: Approve Option #3 - Retain all existing language of YMC § 15.20.050(A) and the Rules and continue to prohibit any increase in rent upon the in -place transfer of a mobilehome.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 3 of the Staff Report.
Public Comment
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Julie Paule, representing WMA, spoke in favor of full vacancy decontrol so that when a space turns over to a new homeowner, the rent is adjusted to market and the space is placed back under the Rent Control Ordinance. Ms. Paule further stated that WMA supports staff s recommendations for item numbers 4, 5, and 6.
Robert Evans, representing MHET, spoke in favor of allowing for full vacancy decontrol to protect residents from potential excessive rent increases.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, FAILED DUE TO
THE LACK OF A SECOND, TO APPROVE OPTION 93: RETAIN ALL
EXISTING LANGUAGE OF YMC §15.20.050(A) AND THE RULES
WITHOUT CHANGE.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION 93: RETAIN ALL EXISTING LANGUAGE OF YMC §15.20.050(A) AND THE RULES WITHOUT
CHANGE.
4. SUBJECT: RENT ADJUSTMENTS UPON VACANCY -- VACANCY
RESULTING FROM VOLUNTARY ABANDONMENT OR REMOVAL OF
MOBILEHOME OR DESTRUCTION OF MOBILEHOME AND VOLUNTARY
TERMINATION OF TENANCY
RECOMMENDATION: Approve Option 41 - Amend YMC §15.20.050(B) and Rules § 3.0001 to eliminate the cap of $35 and let space rents increase based on the combined average of rent -controlled spaces in the park, for vacancies resulting from Categories 91, #2 or #3; but retain all other existing Ordinance language, including continue to require that upon re -occupancy the space is placed immediately back under rent control and only subject to the permissible annual adjustments or MRRC-approved rent adjustment.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 4 of the Staff Report.
Public Comment
None
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
MAYOR PRO TEM BEAVER, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION 91: AMEND YMC
§15.20.050(B) AND RULES § 3.0001 TO ELIMINATE THE CAP OF $35
AND LET SPACE RENTS INCREASE BASED ON THE COMBINED
AVERAGE OF RENT -CONTROLLED SPACES IN THE PARK, FOR
VACANCIES RESULTING FROM CATEGORIES #1, #2, OR 93; BUT
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RETAIN ALL OTHER EXISTING ORDINANCE LANGUAGE,
INCLUDING CONTINUE TO REQUIRE THAT UPON RE -OCCUPANCY
THE SPACE IS PLACED IMMEDIATELY BACK UNDER RENT
CONTROL AND ONLY SUBJECT TO THE PERMISSIBLE ANNUAL
ADJUSTMENTS OR MRRC-APPROVED RENT ADJUSTMENTS.
5. SUBJECT: RENT ADJUSTMENTS UPON VACANCY -- ADJUSTMENTS ON
SPACES THAT HAVE BEEN VACANT BECAUSE THEY HAVE BEEN
EMPTY FOR AN EXTENDED PERIOD OF TIME (Issue raised by stakeholder) RECOMMENDATION: Approve Option #1 - Amend the Ordinance to include a definition for a space that is vacant (empty) for more than five consecutive years, and to provide that the base rent following the vacancy will then be determined by the combined average of rent -controlled spaces in the park plus 10%.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 5 of the Staff Report.
Public Comment
None
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
MAYOR PRO TEM BEAVER, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION 91: AMEND THE
ORDINANCE TO INCLUDE A DEFINITION FOR A SPACE THAT IS
VACANT (EMPTY) FOR MORE THAN FIVE CONSECUTIVE YEARS,
AND TO PROVIDE THAT THE BASE RENT FOLLOWING THE
VACANCY WILL THEN BE DETERMINED BY THE COMBINED
AVERAGE OF RENT -CONTROLLED SPACES IN THE PARK PLUS 10%.
6. SUBJECT: RENT ADJUSTMENTS UPON VACANCY -- VACANCY
ADJUSTMENTS ON SALE OF PARK -OWNED MOBILEHOME TO
EXISTING OR NEW RESIDENT (Issue raised by City stafj)
RECOMMENDATION: Approve Option 91 - Amend YMC § 15.20.050(C) to provide that if the park owner sells a park -owned mobilehome to a new resident, the base rent shall be the combined average of rent -controlled spaces in the park plus 10%.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 6 of the Staff Report.
Public Comment
None
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ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION #1: AMEND THE YMC §
15.20.050(C) TO PROVIDE THAT IF THE PARK OWNER SELLS A PARK -
OWNED MOBILEHOME TO A NEW RESIDENT, THE BASE RENT
SHALL BE THE COMBINED AVERAGE OF RENT -CONTROLLED
SPACES IN THE PARK PLUS 10%.
7. SUBJECT: PRE -APPROVAL / AUTOMATIC PASS THROUGH OF CAPITAL IMPROVEMENT PASS -THROUGH (Issue raised by stakeholders) RECOMMENDATION: Staff does not recommend any changes to the Ordinance or Rules relating to capital improvement rent adjustments.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 7 of the Staff Report.
Public Comment
Julie Paule, representing WMA, stated that residents will never vote on a capital improvement and spoke in support of capital improvements being passed through automatically.
Suzanne Taylor, Executive Director of Augusta Communities, stated that encouraging park owners to invest in the health and safety of their communities is important and spoke in support of allowing the Rent Administrator to approve capital improvements based on health and safety issues.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
MAKE NO CHANGES TO THE ORDINANCE OR RULES RELATING TO
CAPITAL IMPROVEMENT RENT ADJUSTMENTS.
8. SUBJECT: ANNUAL REGISTRATION FORM REQUIREMENTS (Issue raised by staff)
RECOMMENDATION: Approve Option #1 - Amend the ordinance and rules to clarify that the annual registration form shall include specified information relating to month -to -month spaces, spaces subject to long-term leases, park -owned, manager spaces, and vacant spaces. This amendment would be declarative of existing law as set out in the ordinance and rules.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 8 of the Staff Report:
Public Comment
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Julie Paule, representing WMA, stated that in 2025 the leases will be under the City's Ordinance and the City will then have the legal authority to require information relating to spaces that are subject to long-term leases.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION #1: AMEND THE
ORDINANCE AND RULES TO CLARIFY THAT THE ANNUAL
REGISTRATION FORM SHALL INCLUDE SPECIFIED INFORMATION
RELATING TO MONTH -TO -MONTH SPACES, SPACES SUBJECT TO
LONG-TERM LEASES, PARK -OWNED, MANAGER SPACES, AND
VACANT SPACES. THIS AMENDMENT WOULD BE DECLARATIVE
OF EXISTING LAW AS SET OUT IN THE ORDINANCE AND RULES.
9. SUBJECT: MOBILEHOME RENT REVIEW COMMISSION (MRRC) (Issue raised by stakeholders)
RECOMMENDATION: That the Council consider Option #1 through #4 pertaining to the MRRC.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 9.
Public Comment
Shirley Dalton, YMRA Chairperson, recommended to leave the Commission as is.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION #4: RETAIN THE
EXISTING LANGUAGE OF THE ORDINANCE AND RULES
PERTAINING TO THE PROCEDURES FOR CITY APPROVAL OF
SPECIAL RENT ADJUSTMENTS, CAPITAL IMPROVEMENT RENT
ADJUSTMENTS, AND RENT ADJUSTMENTS BASED ON
ELIMINATION OR REDUCTION OF A SERVICE OR AMENITY.
10. SUBJECT: SIMPLIFY THE MNOI PROCESS (Issue raised by stakeholders) RECOMMENDATION: Retain existing language of the Ordinance or Rules pertaining to the procedures or requirements for special rent adjustments.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 10 of the Staff Report.
Public Comment
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Suzanne Taylor, Executive Director of Augusta Communities, spoke in support of simplifying the MNOI process.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
MAYOR PRO TEM BEAVER, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
MAKE NO CHANGES TO THE ORDINANCE OR RULES PERTAINING
TO THE PROCEDURES OR REQUIREMENTS FOR SPECIAL RENT
ADJUSTMENTS.
11. SUBJECT: WAIVER OF FILING FEE — DECREASE IN RENTS BASED ON
DISCONTINUANCE OR REDUCTION OF A SERVICE OR AMENITY (PARK RESIDENT/REPRESENTATIVE APPLICATION) (Issue raised by stakeholder) RECOMMENDATION: Staff does not recommend any changes to the Ordinance or Rules pertaining to the waiver/deferment of the $1,750 application/appeal fee for residents.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 11 of the Staff Report.
Public Comment
Shirley Dalton, YMRA Chairperson, spoke in support of waiving or postponing the filing fee for park residents pending resolution of the application.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
MAYOR PRO TEM BEAVER, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
MAKE NO CHANGES TO THE ORDINANCE OR RULES PERTAINING
TO THE WAIVER/DEFERMENT OF THE $1,750
APPLICATION/APPEAL FEE FOR RESIDENTS.
12. SUBJECT: SELECTION OF RESIDENT REPRESENTATIVES (Issue raised by stakeholders)
RECOMMENDATION: That the Council consider Option #1 through 93 pertaining to the selection of resident representatives.
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 12 of the Staff Report.
Public Comment
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Jo Sutt, Yucaipa mobilehome resident spoke in support of the Commission's decision to approve Option 92.
Shirley Dalton, YMRA Chairperson, spoke in support of the Commission's decision to approve Option #2.
Irene Vasquez, Yucaipa mobilehome resident, suggested that an easier way to have a resident representative would be to eliminate the vote requirement.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
MAYOR PRO TEM BEAVER, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE OPTION 92: AMEND THE
ORDINANCE TO ELIMINATE THE TERM, ONCE ELECTED, AND AN
ELECTION TO BE HELD AT ANY TIME DURING THE RESIDENT
REPRESENTATIVE TERM IF THE REPRESENTATIVE RESIGNS OR IS CHALLENGED.
13. SUBJECT: PUBLIC NOTICE/EMAIL NOTICE FOR COMMENT FOR THE BIENNIAL REVIEW PROCESS (Issue raised by stakeholder)
RECOMMENDATION: Amend YMC § 15.20.140 as follows (the additions are marked by italic/bold text):
"Biermial Review. This chapter shall be reviewed by the City Council in odd - numbered years to determine whether it is still appropriate and whether there should be any modifications of its provisions. The Rent Administrator shall issue notice of the biennial review and submittal deadline to the Resident Representative (or if no representative, posted pursuant to Section 15.20.060) and advertised once in the local adjudicated newspaper."
DISCUSSION: Assistant City Manager/Rent Administrator Crawford presented Subject No. 13 of the Staff Report.
Public Comment
None
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
AMEND YMC § 15.20.140 AS FOLLOWS: "BIENNIAL REVIEW. THIS
CHAPTER SHALL BE REVIEWED BY THE CITY COUNCIL IN ODD -
NUMBERED YEARS TO DETERMINE WHETHER IT IS STILL
APPROPRIATE AND WHETHER THERE SHOULD BE ANY
MODIFICATIONS OF ITS PROVISIONS. THE RENT ADMINISTRATOR
SHALL ISSUE NOTICE OF THE BIENNIAL REVIEW AND SUBMITTAL
DEADLINE TO THE RESIDENT REPRESENTATIVE (OR IF NO
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REPRESENTATIVE, POSTED PURSUANT TO SECTION 15.20.060) AND ADVERTISED ONCE IN THE LOCAL ADJUDICATED NEWSPAPER."
14. SUBJECT: PROPERTY TAX PASS THRU UPON SALE OF PARK (Issue raised by stakeholder)
RECOMMENDATION: Staff does not recommend any changes to the Ordinance or Rules relating to treatment of property taxes as operating expenses under YMC §§15.20,100(A) or (B) or the Rules, §§4.0003 or 4.0004.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 14 of the Staff Report.
Public Comment
Robert Evans, representing MHET, stated that this is another way of trying to avoid the MNOI process and offered alternative suggestions.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
MAKE NO CHANGES TO THE ORDINANCE OR RULES RELATING TO
TREATMENT OF PROPERTY TAXES AS OPERATING EXPENSES
UNDER YMC §§ 15.20.100(A) OR (B) OR THE RULES, §§ 4.0003 OR 4.0004.
15. SUBJECT: DEVELOP A SEPARATE RENTAL ADJUSTMENT POLICY FOR 501(C)3 HOUSING NON-PROFIT OWNERS (Issue raised by stakeholder) RECOMMENDATION: Retain existing language of the Ordinance or Rules and not create a separate procedure or policy regulating the determination of permissible rent adjustments in non-profit parks such as Valley View.
DISCUSSION: Assistant City Attorney Greyson presented Subject No. 15 of the Staff Report.
Public Comment
Suzanne Taylor, Executive Director of Augusta Communities, spoke in support of amending the Ordinance and Rules to allow legitimate administrative expenses that are unique to nonprofits under the MNOI process.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER
DUNCAN ABSENT), TO APPROVE STAFF RECOMMENDATION TO
MAKE NO CHANGES TO THE ORDINANCE OR RULES AND NOT
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CREATE A SEPARATE PROCEDURE OR POLICY REGULATING THE
DETERMINATION OF PERMISSIBLE RENT ADJUSTMENTS IN NON-
PROFIT PARKS SUCH AS VALLEY VIEW.
Mayor Avila stated that the last item to vote on is to direct staff to prepare appropriate documents and return to City Council for approval (staff recommendation number 2 of the Department Report).
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1-0 (COUNCILMEMBER DUNCAN
ABSENT), TO DIRECT STAFF TO PREPARE APPROPRIATE DOCUMENTS AND RETURN TO CITY COUNCIL FOR APPROVAL.
ANNOUNCEMENTS
None
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be August 8, 2022, at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
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