City of Yucaipa
City Council Minutes
Special Meeting of June 9, 2025
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CALL TO ORDER
Mayor Thorp called to order the Special Meeting of the City Council/Successor Agency/Housing Authority at 3:00 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Councilmember Miller.
CITY COUNCIL ROLL CALL
PRESENT: Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem (arrived at 3:05 p.m.)
Bob Miller, Councilmember
Judy Woolsey, Councilmember
ABSENT: Justin Beaver, Councilmember
STAFF
PRESENT: Jennifer Crawford, Interim City Manager
Donald Lincoln, Special Counsel
Kimberly Metzler, Deputy City Clerk/Deputy Rent Administrator/Records Technician
CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
Mayor Thorp asked if there were any conflicts to disclose. Councilmember Woolsey disclosed that she is a resident of a mobilehome park in the city of Yucaipa but that the mobilehome park she lives in is not subject to the provisions of Yucaipa's Mobilehome Rent Stabilization Ordinance.
City Council Minutes Page 1 of 23
DISCUSSION ITEMS
1. SUBJECT: BIENNIAL REVIEW OF MOBILEHOME RENT STABILIZATION
ORDINANCE AND RESOLUTION
RECOMMENDATION: That the City Council:
1. 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 the appropriate documents and return to City Council for approval.
DISCUSSION: Interim City Manager Crawford presented the Agenda Report on Items 1-8, and the items added after the posting of the Agenda Packet (Items 9-11).
Interim City Manager Crawford stated that comments from Augusta Communities, Stakeholder, were missed during the initial receipt of stakeholder comments in January 2025 but have been included in Staff s presentation for Council consideration.
1. SUBJECT: ANNUAL ADJUSTMENTS (Issue raised by stakeholders) RECOMMENDATION: That the City Council consider the following Options:
Option #1 Amend YMC § 15.20.080(A) and Rules §3.0001(B)(3), to provide that the park owner may increase the rent in each regulated space once annually, by 100% of the increase in CPI, or by 6% cap of the current space rent, whichever is less and include a minimum percentage increase of 2% or 3% (Options proposed by some stakeholders).
Option #2 Amend YMC §15.20.080(A) and Rules §3.0001(13)(3), to provide that the park owner may increase the rent in each regulated space once annually, by 100% of the increase in CPI and eliminate the 4% cap (Option proposed by some stakeholders).
Option #3 Amend YMC § 15.20.080(A) and Rules §3.0001(13)(3), to provide that the park owner may increase the rent in each regulated space once annually, by 100% of the increase in CPI, or by 5% cap of the current space rent, whichever is less and include a minimum percentage increase of 2%. (Option recommended by staff).
Option #4 Retain the existing language of the Ordinance and Rules without change — maintain 100% CPI and 4% cap.
Option #5 Other possibilities, as may be suggested by City Council.
City Council Minutes Page 2 of 23
Public Comment
The following members of the public spoke:
Susie Taylor
Benjamin Kelly
Mark Westwood
Julie Paule
David Devon
Jo Sutt
Lana Morano
Suzanne Taylor
Petice Huntington
Ed Timmons
Jon Warren
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER WOOLSEY, CARRIED 4-0-1 (COUNCILMEMBER
BEAVER WAS ABSENT), TO RETAIN THE EXISTING LANGUAGE OF THE ORDINANCE AND RULES WITHOUT CHANGE — MAINTAIN 100% CPI AND 4% CAP (OPTION 94).
2. SUBJECT: RENT ADJUSTMENTS UPON VACANCY (Issue raised by stakeholders)
RECOMMENDATION: That the City Council consider the following Options:
Option #1 Amend YMC § 15.20.050(A) and Rules §3.0001 to allow the park owner to increase rents to market rent upon a vacancy resulting from an in -place transfer (as defined), on a vacant pad or lot, or the sale of a park owned coach; but retain all other existing Ordinance language including the requirement that upon re -occupancy, the space is placed immediately back under rent control and only subject to the permissible annual adjustments or approved special rent adjustments.
Option #2 Amend YMC § 15.20.050 and Rules §3.0001 to allow the park owner to increase rent to market rent upon a vacancy resulting from an in -place transfer (as defined), on a vacant pad or lot, or the sale of a park owned coach; include specified limitations on the increase amount and number of times the same space may increase due to vacancy; but retain all other existing Ordinance language including the requirement that upon re - occupancy, the space is placed immediately back under rent control and only subject to the permissible annual adjustments or approved special rent adjustments.
City Council Minutes Page 3 of 23
Option #3 Amend YMC § 15.20.050(B) to allow the park owner to increase rents for vacancy categories as defined in §15.20.020, subception (1), (2), (3), or (8), based on the combined average of rent -controlled space in the park plus twenty (20) percent. This option currently exists in the Ordinance; however, it adjusts the current percentage increase from 10% to 20%. This option continues to impact only new residents moving into the park — existing residents are not impacted by this option. (Option recommended by staff) Option #4 Retain all existing language of YMC § 15.20.050(A) and the Rules without change.
Public Comment
The following members of the public spoke:
Susie Taylor
Suzanne Taylor
Benjamin Kelly
Julie Paule
David Devon
Mark Westwood
Jon Warren
ACTION: MOTION BY COUNCILMEMBER WOOLSEY, SECOND BY
COUNCILMEMBER MILLER, CARRIED 4-0-1 (COUNCILMEMBER BEAVER
WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO AMEND YMC §15.20.050(B) TO ALLOW THE PARK OWNER TO INCREASE RENTS FOR VACANCY CATEGORIES AS DEFINED IN §15.20.020, SUBSECTION (1), (2), (3), OR (8), BASED ON THE COMBINED AVERAGE OF RENT -
CONTROLLED SPACES IN THE PARK FROM THE CURRENT PERCENTAGE INCREASE OF 10% TO 20% (OPTION #3).
3. SUBJECT: PRE -APPROVAL / AUTOMATIC PASS THROUGH OF CAPITAL IMPROVEMENT COSTS (Issue raised by stakeholders)
RECOMMENDATION: That the City Council Amend YMC §15.20.085(A)(1) as follows:
An application for a rent increase based on the cost of a completed capital improvement may be filed with the rent administrator. It shall be approved if it satisfies the definition of capital improvement set forth in Section 15.20.020 and the criteria set forth in the capital improvement guidelines and as set forth in the administrative rules adopted by resolution of the city council; the park owner has provided documentation to demonstrated that prier to the eempletion of the proposed epita ip*, the park owner met with the park residents and considered input from the park residents regarding any proposed capital improvement; the park owner held a capital improvement ballot election...
City Council Minutes Page 4 of 23
Mayor Pro Tern Venable left the dias at 4:00 p.m.
Public Comment
The following members of the public spoke:
Susie Taylor
Suzanne Taylor
Mark Westwood
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER WOOLSEY, SECOND BY
COUNCILMEMBER MILLER, CARRIED 3-0-2 (MAYOR PRO TEM VENABLE
AND COUNCILMEMBER BEAVER WERE ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO AMEND YMC §15.20.085(A)(1) AS STATED ABOVE.
4. SUBJECT: SELECTION OF RESIDENT REPRESENTATIVE (Issue raised by stakeholder)
RECOMMENDATION: That the City Council consider the following Options:
Option 91 Amend the Ordinance to change the majority vote requirement to 10 or 10% of the regulated spaces, whichever is less. (Option proposed by stakeholder) Option #2 Amend the Ordinance to adjust the majority vote requirement to 10 or 10% of the regulated spaces, whichever is less. If multiple residents express interest in serving as the resident representative, a ballot election shall be held, with one vote per regulated space, and the winner determined by a by majority vote. (Option recommended by staff)
Option #3 Retain the existing language of the Ordinance pertaining to the selection of the resident representative.
Public Comment
The following members of the public spoke:
Mark Westwood
ACTION: MOTION BY COUNCILMEMBER WOOLSEY, SECOND BY
COUNCILMEMBER MILLER, CARRIED 3-0-2 (MAYOR PRO TEM VENABLE
AND COUNCILMEMBER BEAVER WERE ABSENT), TO AMEND THE
ORDINANCE TO ADJUST THE MAJORITY VOTE REQUIREMENTS TO 10 OR 10% OF THE REGULATED SPACES, WHICHEVER IS LESS. IF MULTIPLE
RESIDENTS EXPRESS INTEREST IN SERVING AS THE RESIDENT
REPRESENTATIVE, A BALLOT ELECTION SHALL BE HELD, WITH ONE
VOTE PER -REGULATED SPACE, AND THE WINNER DETERMINED BY A MAJORITY VOTE (OPTION 92).
City Council Minutes Page 5 of 23
5. 6.
SUBJECT: PROPERTY TAX PASS THRU UPON SALE OF PARK (Issue raised by stakeholders)
RECOMMENDATION: That the City Council consider the following Options:
Option #1 Amend the Ordinance and Rules to allow the park owner to phase in property tax increases over two years. (Option proposed by stakeholder).
Option #2 Amend the Ordinance and Rules to allow park owners the ability to pass through the tax increase without the need for a full Special Rent Adjustment MNOI increase application. (Option proposed by stakeholder).
Option 93 Retain the existing language of the Ordinance and 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. (Option recommended by staf)q.
Public Comment
The following members of the public spoke:
Suzanne Taylor
Rob Evans
David Devin
Mark Westwood
ACTION: MOTION BY COUNCILMEMBER MILLER, SECOND BY
COUNCILMEMBER WOOLSEY, CARRIED 3-0-2 (MAYOR PRO TEM
VENABLE AND COUNCILMEMBER BEAVER WERE ABSENT), TO APPROVE
STAFF'S RECOMMENDATION TO RETAIN THE EXISTING LANGUAGE OF
THE ORDINANCE AND 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 (OPTION 93).
SUBJECT: INSURANCE INCREASE PASS THRU (Issue raised by stakeholders) RECOMMENDATION: That the City Council consider the following Options:
Option 41 Amend the Ordinance and Rules to allow park owners the ability to pass through the insurance premium increase without the need for a full Special Rent Adjustment MNOI increase application. (Option proposed by stakeholder).
Option #2 Retain the existing language of the Ordinance and Rules relating to treatment of insurance premiums as operating expenses under YMC §§15.20.100(A) or (B) or the Rules, §§4.0003 or 4.0004. (Option recommended by stafj).
City Council Minutes Page 6 of 23
Mayor Pro Tem Venable returned to the dias at 4:26 p.m.
Public Comment
The following members of the public spoke:
Suzanne Taylor
Julie Paule
David Devon
Mark Westwood
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER WOOLSEY, CARRIED 4-0-1 (COUNCILMEMBER
BEAVER WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO
RETAIN EXISTING LANGUAGE OF THE ORDINANCE AND RULES
RELATING TO TREATMENT OF INSURANCE PREMIUMS AS OPERATING EXPENSES UNDER YMC §§15.20.100(A) OR (B) OR THE RULES §§4.0003 OR
4.0004 (OPTION #2).
7. SUBJECT: ANNUAL REGISTRATION FEE (Issue raised by stakeholder) RECOMMENDATION: That the City Council consider the following Options:
Option #1 Amend the Ordinance and Rules to allow park owners the ability to pass through 100% of the Annual Registration Fee to residents under the rent control program (Option proposed by stakeholder).
Option #2 Amend the Ordinance and Rules to exclude park owners who prevail in a MNOI process from the cost recovery formula (Option proposed by stakeholder).
Option #3 Retain the existing language of the Ordinance and Rules relating to the Animal Registration Fee under YMC § 15.20.073(E) and Rules 2.0007 (Option recommended by staffi.
Public Comment
The following members of the public spoke:
Suzanne Taylor
David Devin
Mark Westwood
After Council discussion, the following Motion was made:
City Council Minutes Page 7 of 23
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER MILLER, CARRIED 4-0-1 (COUNCILMEMBER BEAVER
WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO RETAIN
THE EXISTING LANGUAGE OF THE ORDINANCE AND RULES RELATING TO THE ANNUAL REGISTRATION FEE UNDER YMC §15.20.073(E) AND RULES 2.0007 (OPTION #3).
8. SUBJECT: STAFF RECOMMENDED AMENDMENTS TO THE ORDINANCE
AND RULES TO PROVIDE CONFORMITY WITH STATE LAW AND
CLARIFICATION
RECOMMENDATION: That the City Council consider staff recommended amendments to the Ordinance and Rules to Provide Conformity with State Law and Clarification.
0 Document:
Ordinance Section 15.20.010 — Purpose & Findings
Issue:
Section needs to be updated to reflect Council approved amendments pertaining to the implementation of a Hearing Officer
Recommendation:
Add a new Section W to read as follows:
W. On April 10, 2023, at a noticed public meeting, the city council approved amendments to Chapter 15.20 of the YMC and the Administrative Rules pertaining to the implementation of a Hearing Officer in place of the Mobilehome Rent Review Commission and the elimination of the appeal process, and thereafter enacted Ordinance No. 422.
C
Document:
Ordinance Section 15.20.020 - Definitions
Issue:
Currently there is no provision which identifies which CPI should be used for the purpose of calculating special rent adjustments for each of the years 1987 through 2017.
Recommendation:
Under the definition of "Consumer Price Index (CPI) add a new number 4 to read as follows:
4. For the purpose of calculating Special Rent Adjustments for each of the years 1987 through 2017 the "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles - Long Beach -Anaheim Metropolitan Area, All Urban
Consumers, published by the Bureau of Labor Statistics, U.S.
Department of Labor.
In addition, renumber former number 4 as number 5
City Council Minutes Page 8 of 23
C.
Document:
Ordinance Section 15.20.030 - Exemptions
Issue:
Effective January 1, 2023, California Civil Code sections 798.7(a) and 798.45(a) were amended by Cal. Stats 2022, Ch. 666 (SB 940) to redefine what constituted "new construction," and to limit the time such spaces would be exempt from local rent regulation.
Recommendation:
Under Section A amend exemption 1 to read as follows:
1. Newly constructed mobilehome spaces first held out for rent on or after January 1, 1990 for a period of 15 years from the date upon which the space is initially held out for rent. A Mobilehome park space shall be considered "initially held out for rent" on the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in
accordance with Section 18551 or 18613 of the California Health and Safety Code. Upon expiration or termination of such exemption under Civil Code Section 798.45(a), that space shall become subject to the rent regulation of this chapter.
Document:
Ordinance Section 15.20.030 - Exemptions
Issue:
Effective January 1, 2023, California Civil Code sections 798.7(b) and 798.45(b) were amended by Cal. Stats 2022, Ch. 666 (SB 940) to redefine what constituted "new mobilehome park construction," and to limit the time such parks would be exempt from local rent regulation.
Recommendation:
Under Section A add a new exemption number 2 to read as follows:
2. New mobilehome park construction, as defined in
subdivision (b) of California Civil Code Section 798.7 for a period of 15 years from the date upon which 50 percent of the spaces in the new Mobilehome park are initially held out for rent measured from the date of issuance of a permit or
certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code. Upon expiration or termination of such exemption under Civil Code Section 798.45(b), that space shall become subject to the rent regulations of this chapter.
In addition, renumber former number 2 as number 3.
City Council Minutes Page 9 of 23
E.
Document:
Ordinance Section 15.20.030(B), 15.20.050, 15.20.050(D),
15.20.073(C) & (D)(1), 15.20.080(B) and Administrative
Rules Section 2.0003(A) & (B), 2.0005(A)(6), 3.0001(A)(6),
3.0001(B)(6), 3.0001(D)(3), 3.0001(F), 4.0003(C),
4.0003(H)(6
Issue:
Clarify additional statutory exemptions from local space regulation
Recommendation:
Amend Section 15.20.030(B) to read as follows:
B. The rent regulation provisions of this chapter shall not apply to any space while that space is exempt s�to a lease Whie from rent regulation pursuant to the
California Mobilehome Residency Law, Civil Code Section 798 et seq. Upon expiration or termination of such an exemption under- Givil Gede Seetion7-o.17, that space shall become subject to the rent regulations of this chapter.
Amend the initial paragraph of Section 15.20.050 to read as follows:
A park owner shall not be permitted to charge a new space rent for a mobilehome space upon vacancy except as expressly provided in this section. It is the intent of the city that no rent increase shall be allowed as a result of a vacancy resulting in a change in occupancy of a mobilehome on a space, the
replacement of a mobilehome with another mobilehome on the same space and occupied by the same resident, or any in -place transfer of a mobilehome (as defined in Section 15.20.020 of this code), and that such mobilehome spaces shall continue to be subject to the rent control provisions of this chapter unless such space is exempt from rent regulation pursuant to Section
15.20.030 of this code, subjeet to a iong tefm lease exeiRpt 798.17 or a vacancy adjustment is authorized pursuant to subsections B, C, D or E of this section. No vacancy
adjustment shall be imposed pursuant to subdivisions B, C, D or E of this section without the park owner's submittal of a complete application and the prior approval of the RA in accordance with this subdivision and the rules and regulations.
Amend the Section 15.20.050(D) to read as follows:
D. Spaces Previously Exempt. In the event a space which was previously exempt from rent regulation pursuant to Section
15.20.030 of this code no longer remains exempt, u
City Council Minutes Page 10 of 23
pufsuant to Galif fni Civil Code Seel o 798 , 7, the base space rent, for purposes of calculating the annual adjustment, shall be the rent in effect as of the date of the expiration of the exemption Tease, provided that space rents can be verified by information required on, and/or documentation submitted with the annual registration application.
Amend Section 15.20.073(C) to read as follows:
Complete Registration Required. The registration statement shall not be accepted as complete unless it includes all information required on the form by the rent administrator, including but not limited to the last names of
homeowners/tenants, rents for all spaces in the park (including but not limited to, month -to -month spaces, spaces subject to leases exempted pursuant to Section 15.20.030 of from his ehapter this code under rriyi r'A-ao ceEtien 7,284T, non- exempt leased spaces, spaces occupied by park -owned
mobilehomes, spaces occupied by the park manager or other park employees, and rent -to -own spaces), the term of any exempt and non-exempt leases, renewal and/or extension
thereof, amount and date of most recent rent increase for each space, all information and documentation that establishes any other exemption from the rent provisions of this chapter, and such other information required by the rules or otherwise deemed necessary by the rent administrator for the
implementation and administration of this chapter.
Amend Section 15.20.073(D)(1) to read as follows:
Annual registration fees based on the number of spaces in the mobilehome park to be used for the costs of administering this chapter. Registration fees shall be paid by each park owner to the city for each space, which is not exempt pursuant to Section 15.20.030(A)(1) and (A) 2) Givil Code Seefie., 794 , 7 , c 20 030(M of this code at the time the initial and annual statements are filed.
Amend Section 15.20.080(B) to read as follows:
If the mobilehome space was previously subject to an
exemption pursuant to Section 15.20.030 and such exemption expired,
eentre under- state law, the rent for such space shall not be increased under this section until twelve months after the most recent rent increase under the previously exempt leng4efm City Council Minutes Page I l of 23
lease. Thereafter, the rent may be increased once every twelve months in accordance with Subsection (A) of this section.
Amend 2.0003(A) & (B) to read as follows:
2.0003 LEASED n SED SPACES CES CURRENTLY EXEMPT AND
PRIOR EXEMPT SPACES
A. Exempted Spaces for r iyi bode Seetie
7. In the event a mobilehome park owner believes that
his/her park contains any space which is subjeet to a lease, .e exempt thaspaeet from rent regulation pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.) or YMC Section 15.20.030, the park owner shall submit information on the registration form setting forth the date the park or space was initially held out for rent, the duration of each lease, current space rents, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each leased space, all other information required by Sections 2.0004 and 2.0005, and any other information determined to be
necessary by the RA to demonstrate compliance with an
exemption under Civil Code Sections 798 et seq or YMC
Section 15.20.030.
In the event that a resident or park owner
questions whether the space is exempt the terms of a long tef lease o whether- the lease is exempt from the rent regulation provisions of YMC Chapter 15.20, he/she may request that the RA review the terms to determine whether it satisfies the requirements for an exemption from space rent regulation ation
long tem lease exemption from r-eFA eei#r-el.
B. Non Exempt Leased pace Prior Exempted
Spaces which are No Longer Exempt. For any space that was previously exempt from rent regulation under YMC Chapter
15.20 but such exemption has expired or terminated based en pursuant to the provisions of Civil Code Section 79847 et seq., or YMC Section 15.20.030 as „de by Assembly 7z'll 2 782 (Chapter�5, Statutes of2020), the park owner shall submit information on the registration form setting forth the date the park or space was initially held out for rent, the duration of each lease, current space rents determined in accordance with YMC Chapter 15.20, effective date...........
City Council Minutes Page 12 of 23
Amend 2.0005(A)(6) to read as follows:
6. List of leased spaces claimed to be (exempt and/or non- exempt pursuant to Civil Code Section 7984-7) et seq., or YMC Section 15.20.030 and all information required by Section
2.0003.
Amend 3.0001(A)(6) to read as follows:
6. Prior Exempt Leased spaces. In the event that the
application for an Annual Adjustment includes a space that was previously exempt from space rent regulation serArel un fief long term 'ease pursuant to Civil Code Section 7984-7- et seq. or YMC Section 15.20.030 and such exemption has expired or terminated, the annual adjustment shall be
determined based on the last rent in effect prior to the space becoming subject to rent een#r-el regulation, and the date said rent increase was imposed.
Amend 3.0001(B)(6) to read as follows:
6. For any space that was previously exempt from rent
regulation eentrol pursuant to ^ long term lease undo, Civil Code Section 7984-7 et seq. or YMC Section 15.20.030 and exemption has expired or been terminated, an f ��'ie r 1 the long teitm lease has tm�zi
the expired o ated
Seetio„ 7984 , the determination of the initial Annual
Adjustment following termination of the Fenel
exemption shall be determined in accordance with this
subsection (6). The last rent in effect under the long teF le exempt provision shall be inserted on the Annual......
Amend 3.0001(D)(3) to read as follows:
3. If the application includes a space that was previously exempt from rent re ulg ation ^ ntro under- • ^ lane teY1" lease pursuant to Civil Code Section 79847- et seq or YMC
15.20.030 and such exemption has expired or been terminated, the space shall not have had a rent increase under- the long- tefffi lease in the preceding twelve (12) months prior to approval by the RA. Subsequent Annual Adjustments shall comply with subsection (D)(2).
Amend 3.0001(F) as follows:
City Council Minutes Page 13 of 23
.......pursuant to YMC Section 15.20.030, 15.20.050(D) and YMC Section 15.20.080(B) and subsections (A) through (D) of this Section."
Amend 4.0003(C) as follows:
C. Leased Sp;xees, Vaeat-tSpaeesCalculation of the NOI
Adjustment. Except as otherwise provided in Section
4.0003(H) of these Rules, when calculating the MNOI
adjustment or MNOI rent adjustment based on readjusted Base Year NOI pursuant to YMC 15.20.100, the park's NOI shall be calculated for all spaces in the park, including month to month sp ^ns, vacant spaces, and all spaces subject to an exemption pursuant to the long tefm leases as defined i the California Mobilehome Residency Law (Civil Code Sections 798 et seq.) or YMC Section 15.20.030. However, only those spaces, which are not exempt ffie,,tt, t month spaces shall receive a rental increase, based upon a prorated allocation of the MNOI adjustment among all spaces in the park. Exempt leases spaces shall......
Amend 4.0003(H)(6) as follows:
6. Except as otherwise provided in Subdivision (a) of this Subsection (6), the park's MNOI adjustment shall be allocated among all spaces in the park, including month to month-, vacant an�'� spaces pr-ovided that no adjustment shall b-e added to ^ rt f F ^ spaee eurfently and all spaces
subject to an exemption from -e t eentfel pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.), or YMC Section 15.20.030 and no adjustment. shall be added to any Vaeant spuee. However, only those spaces which are not exempt or vacant shall receive a rental increase, based upon a A_prorated allocation amount of the pates MNOI adjustment among all spaces in the park shall be alloeated to the individual Fegulated spire. A prorated amount of the park's MNOI adjustment shall be allocated to the individual regulated spaces. To allocate the MNOI
adjustment to regulated spaces, the allocation should be made by multiplying the park's MNOI adjustment calculated
pursuant to Section 4.0003(H)(5), above, by a fraction which is the number of regulated rental months divided by the total annual rental months for the park.
City Council Minutes Page 14 of 23
F.
Document:
Ordinance Section 15.20.073-Re istration, posting and fees Issue:
Ordinance Section 15.20.073(A) is outdated language that is no longer required since the Annual Registration captures all park information.
Recommendation:
Delete 15.20.073(A) and renumber the sections accordingly.
G.
Document:
Ordinance Section 15.20.085(E) — Appeal of Rent
Administrator's Decision on Capital Improvements
Issue:
Clarification is needed to emphasize that the rent
administrator's capital improvement decisions are final unless appealed to the Hearing Officer.
Recommendation:
Amend Section 15.20.085(E) to read as follows:
Appeal of Rent Administrator's Decision on Capital
Improvements. The rent administrator's decision granting odenying Any deeision the the "
of feat administr-atoF on me -
e€ a capital improvement rent adjustment or granting or denying an emergency capital improvement is a final decision, unless an application for appeal to the Hearing Officer is filed to the hearing ,. by filing ., fe
appealed v^fiic plioativon
appeal within ten days of the date the rent administrator's written determination is mailed to the affected park owner and residents. Except as otherwise provided in this subsection, au appeals shall be filed, processed, and determined in
accordance with Sections 15.20.105 and 15.20.110 and the administrative rules adopted by resolution of the city council.
In
Document:
Ordinance Section 15.20.100 - Rent increases by
application to the hearing officer
Issue:
This section needs to include capital improvement rent increase adjustments pursuant to Section 15.20.085
Recommendation:
Amend the first sentence Section 15.20.100 to read as
follows:
A park owner may seek a space rent increases in addition to those permitted by Section 15.20.080 and 15.20.085 pursuant to subsections A, B and E G of this section.
City Council Minutes Page 15 of 23
Document:
Ordinance Section 15.20.116 - Recovery of application
costs in connection with successful approval of a rent
adjustment application to the hearing officer.
Issue:
Add additional language for clarification.
Recommendation:
Amend Section 15.20.116(A) to read as follows:
A park owner may seek a temporary rent adjustment to
reimburse the park owner for the reasonable cost of
professional services actually incurred by the park owner in preparing and presenting an application under Sections
15.20.085(E) and 15.20.100 to the hearing officer as set forth in the administrative rules adopted by resolution of the city council. The park owner shall bear the burden of proof and shall provide the evidence to justify a temporary rent
adjustment submitted under this section, and approval of the application will be conditioned upon the park owner's
successfully obtaining approval of a rent adjustment pursuant to Sections 15.20.085(E) and 15.20.100 of this chapter. Any temporary rent adjustment shall be amortized over a five-year period with interest at the rate of seven percent per year, compounded monthly, and any increase granted shall remain in effect only during the five-year period. Any such increase shall not be included as part of the monthly space rent but shall be itemized as a separate charge on the residents' monthly rent statement. Nothing in this provision shall preclude a park resident from paying the full amount of the temporary rent adjustment as one lump sum without any payment of interest, following issuance of the ei#f4 hearing officer's final decision. Any such lump sum payment shall be made in
accordance with the administrative rules adopted by resolution of the city council.
J.
Document:
Ordinance Section 15.20.140 — Biennial review
Issue:
Add additional language for clarification.
Recommendation:
Amend Section 15.20.140 to read as follows:
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 legally adjudicated newspaper.
City Council Minutes Page 16 of 23
K.
Document:
Administrative Rules Sections 1.0001, 1.0002, 1.0003,
1.0004,1.0005, 1.0006,1.0007
Issue:
The use of the term "meetings" is a carryover from when the former Commission had meetings and should be updated to reflect the change to a hearing officer proceeding.
Recommendation:
Amend Sections 1.0001, 1.0002, 1.0003, 1.0004, 1.0005, and
1.0006 replacing the word "Meetin s " with "Hearin s "
L.
Document:
Administrative Rules Section 1.0007, 1.0007(D)(3) and
1.0007(D)(5)
Issue:
Section needs to be modified to include fair return rent adjustments, which are available under Ordinance Section
15.20.100(Q — Rent Increases by Application to the Hearing Officer.
Recommendation:
Amend the last sentence in the initial paragraph of Section
1.0007 to read as follows:
......decreases in services or amenities adjustments, and net operating income adjustments and fair return adjustments.
Amend 1.0007(D)(3) as follows:
...... decrease in services or amenities, of net operating income, or fair return adjustment provisions.....
Amend 1.0007(D)(5) as follows:
......particular application (capital improvement, reduction or decrease in services or amenities, of net operating income or fair return adjustment) shall be granted......
M.
Document:
Administrative Rules Section 1.0007(C)(2)
Issue:
Section needs to be modified to clarify that the Rent
Administrator has the right to legal and expert representation in relation to Ordinance Sections 15.20.080, 15.20.090 and
15.20.100
Recommendation:
Amend Section 1.0007(C)(2) to read as follows:
2. The RA, in the case of any application before the Hearing Officer, may will be assisted and advised by experts and legal counsel. However, experts and legal counsel representing the 4a f RA shall not communicate with the Hearing Officer
concerning the application under consideration, except
City Council Minutes Page 17 of 23
concerning procedural matters, such as the dates and locations of public hearings, and except during the public hearing.
N.
Document:
Administrative Rules Section 1.0007(D) 4
Issue:
The current language restricts consideration of irrelevant evidence and additional language is needed to establish the Hearing Officer's ability to rule on the evidence.
Recommendation:
Amend Section 1.0007(D)(4) to read as follows:
The Hearing Officer has the right and the responsibility to rule on the admissibility and relevancy of zAall evidence, whether it be in the form of oral testimony or written documents, whieh is net i:elevant te exable the Hearing-0=neef offered to determine whether a park owner is entitled to the increase being sought in the application, or the decrease being sought by the residents in the application, under the operation of the YMC and these Administrative Rules. , shall be exec ide f •^m Q
Document:
Administrative Rules Section 1.0007(D)(7
Issue:
Clarification change
Recommendation:
Amend Section 1.0007(D)(7) as follows:
7. Requests for Production of Evidence. The Hearing Officer or RA staff member- may request the attendance....
If any evidence requested by the Hearing Officer or staff Rw-n+b.e+ RA is not available.....
Ia
Document:
Administrative Rules Section 1.0007(G)
Issue:
Clarification change
Recommendation:
Amend Section 1.0007(G) as follows:
...... shall articulate, his or her theif findings of fact, reasoning, and conclusions for his or her the--i+ decision on..... .7
Document:
Administrative Rules Section 1.0008 B
Issue:
The Hearing Officer has replaced the former Commission, therefore the use of the word "Resolution" "should be replaced by the use of the word "Decision."
Recommendation:
Amend Section 1.0008(B) to replace the word "Resolution" with "Decision".
City Council Minutes Page 18 of 23
Document:
Administrative Rules Section 1.0009
Issue:
Additional text required to clarify process
Recommendation:
Amend Section 1.0009 as follows:
......Administrative Rules shall be in the form of a draft resolution prepared made by the RA -esokttie and shall be submitted to the City Council for review and approval.
S.
Document:
Administrative Rules Section 3.0001 B (3) & 4
Issue:
Clarification Change
Recommendation:
Amend Section 3.0001(B)(3) & (4) as follows:
3. The CPI used in the prior Annual Adjustment shall then be subtracted from the current CPI. The resulting suffi difference shall be multiplied-by-4-00 divided by the prior CPI. The resulting sutE percentage (in decimal form) shall then be divided b . rnr The ltin .sum hail the be
the
y --cmrrcarcrro.—....
multiplied by 100% and presented with up to 2 decimal places as a `%' sign (converting to whole number form). The result or 4% of eur -ent space rent, whichever is less, shall be referred to as the "CPI Increase".
4. Each space rent, as determined pursuant to the last approved adjustment, shall be first multiplied by the CPI increase percentage and the resulting number (the rent increase) should then be added to the prior space rent to arrive at the new rent for the space.
IN
Document:
Administrative Rules Chapter 4
Issue:
Clarification Change
Recommendation:
Amend Chapter 4 Title to read as follows:
Chapter 4. SPECIAL RENT ADJUSTMENTS
BY APPLICATION TO T14E
14EARING OFFICER
Liu
Document:
Administrative Rules Section 4.0003
Issue:
The reference to Section 15.20.100 is erroneous because that is the very section, which provides for rent increases based on a maintenance of net operating income ("MNOI") formula. For the sentence to make sense it must refer to sections of the Ordinance which provide for rent increases which are not based on an MNOI formula.
City Council Minutes Page 19 of 23
Recommendation: Amend the initial paragraph of Section 4.0003 as follows:
........park on the grounds that the rent increases described in Chapter 4 of these Rules and YMC Sections 15.20.980440, and 15.20.085 do not provide a just......
V.
Document:
Administrative Rules Section 4.0003 D 3 e
Issue:
Owner -performed labor rates have not been adjusted since 2008.
Recommendation:
Amend 4.0003(D)(3)(e) and adjust the hourly rates by
January's CPI index 2008 to 2025.
General Maintenance: $40.38 16.68/hr.
Skilled Labor: $49-.2-8 30.98/hr.
W.
Document:
Administrative Rules Section 4.0007
Issue:
Clarification language
Recommendation:
Amend Section 4.0007 Title and last sentence of paragraph as follows:
4.0007 ALLOWABLE RENT ADJUSTMENTS AND
APPLICATIONS FOLLOWING MNOI, FAIR
RETURN OR VOLUNTARY MEET AND
CONFER ADJUSTMENT
...... MNOI adjustment based on a readjusted base year NOI., er fair return adjustment or a special rent adjustment by voluntary meet and confer.
X.
Document:
Administrative Rules Section 6.0001 and 6.0002 A & B)
Issue:
If park owner is successful in an appeal to the Hearing Officer from the Rent Administrators decision pertaining to a Capital Improvement or Emergency Capital Improvement they should be entitled to a temporary rent adjustment. Currently, the Rules are unclear if the park owner is entitled to recover these costs.
Recommendation:
Amend Section 6.0001 and 6.0002(A) & (B) to include
Capital Improvements as follows:
6.0001 ......submitted under Sections 15.20.085 or 15.20.100 of.....
6.0002 (A) ...... special rent adjustment under Sections
15.20.085 or 15.20.100 of the Ordinance..... .
City Council Minutes Page 20 of 23
6.0002 (B) ...... Hearing Officer pursuant to YMC Sections
15.20.085 or 15.20.100 based on the factors.....
Public Comment
The following members of the public spoke:
Susie Taylor
Mark Westwood
ACTION: MOTION BY COUNCILMEMBER WOOLSEY, SECOND BY
MAYOR PRO TEM VENABLE, CARRIED 4-0-1 (COUNCILMEMBER BEAVER
WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO APPROVE
STAFF RECOMMENDED AMENDMENTS TO THE ORDINANCE AND RULES TO PROVIDE CONFORMITY WITH STATE LAW AND CLARIFICATION.
9. SUBJECT: DEVELOP A SEPARATE RENTAL ADJUSTMENT POLICY FOR 501(C)3 HOUSING NON-PROFIT OWNERS (Issue Raised by Stakeholder - Augusta Communities letter distributed at 619125 Meeting)
RECOMMENDATION: That the City Council consider the following Options:
Option #1 Amend the Ordinance and Rules to provide a separate rental adjustment policy for nonprofit owned parks recognizing the unique regulatory and financial responsibilities of nonprofit park ownership as legitimate management costs (Option proposed by stakeholder).
Option #2 Retain the existing language of the Ordinance and Rules and not create a separate procedure or policy regulating the determination of permissible rent adjustments in non-profit parks. (Option recommended by staffl.
Public Comment
The following members of the public spoke.
Suzanne Taylor
Jo Sutt
Julie Paule
Mark Westwood
Ed Timmons
After Council discussion, the following Motion was made:
City Council Minutes Page 21 of 23
ACTION: MOTION BY COUNCILMEMBER WOOLSEY, SECOND BY
MAYOR PRO TEM VENABLE, CARRIED 4-0-1 (COUNCILMEMBER BEAVER
WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO RETAIN
EXISTING LANGUAGE OF THE ORDINANCE AND RULES AND NOT
CREATE A SEPARATE PROCEDURE OR POLICY REGULATING THE
DETERMINATION OF PERMISSIBLE RENT ADJUSTMENTS IN NONPROFIT PARKS (OPTION #2).
10. SUBJECT: REPLACE SUBJECTIVE LANGUAGE FOR CAPITAL
IMPROVEMENTS NECESSARY FOR HEALTH AND SAFETY (Issue Raised by Stakeholder• — Augusta Communities Letter Distributed at 619125 Meeting) RECOMMENDATION: That the City Council consider the following Options:
Option 91 Amend the Rules to substitute the word "dangerous" with "reached the end of its useful life" (Option proposed by stakeholder).
Option #2 Retain the existing language of the Administrative Rules §5.0006 relating to improvements necessary for Health and Safety (Option recommended by staff.
Public Comment
The following member of the public spoke:
Suzanne Taylor
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER MILLER, CARRIED 4-0-1 (COUNCILMEMBER BEAVER
WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO RETAIN THE EXISTING LANGUAGE OF THE ADMINISTRATIVE RULES §5.0006
RELATING TO IMPROVEMENTS NECESSARY FOR HEALTH AND SAFETY (OPTION 42).
11. SUBJECT: REVISE THE MEET AND CONFER PROCESS OF THE ORDINANCE AND ADMINISTRATIVE RULES (Issue Raised by Stakeholder — Augusta Communities Letter Distributed at 619125 Meeting)
RECOMMENDATION: That the City Council consider the following Options:
Option 91 Amend the Ordinance and Rules to provide a series of changes which would include greater involvement by the City and its staff, a change from the emphasis on MNOI analyses, the funding of mediation, and a change in how resident approval voting is measured (Option proposed by stakeholder).
City Council Minutes Page 22 of 23
Option 92 Retain the existing language of the Ordinance and Rules and not create additional complexities in the meet and confer process (Option recommended by stafj).
Public Comment
The following member of the public spoke:
Suzanne Taylor
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER MILLER, CARRIED 4-0-1 (COUNCILMEMBER BEAVER
WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION TO RETAIN
THE EXISTING LANGUAGE OF THE ORDINANCE AND RULES AND NOT
CREATE ADDITIONAL COMPLEXITIES IN THE MEET AND CONFER
PROCESS (OPTION #2).
ADJOURNMENT
The meeting adjourned at 5:09 p.m.
fort T orp, C ayor
ATTEST:
Kimberly Metzler, CMC, CPM
Deputy City Clerk/Deputy Rent Administrator/Records Technician City Council Minutes Page 23 of 23