Agenda packet — Yucaipa City Council, July 28, 2025 (part 2 of 3)

163

ATTACHMENT 3
07/28/2025 City Council Agenda
164

City of Yucaipa
2025/26 Budget Worksheet
Community Facilities District No. 98-1 (Chapman Heights) Fund Number CQ54ST01
Levy Components
2024/25
2025/26

PRINCIPAL AND INTEREST
Principal
Interest
TOTAL
$1, 270, 000.00
$433,000.00
$1,703,000.00
$1, 340, 000.00
$369,500.00
$1,709,500.00

ADMINISTRATION COSTS
Agency Administration/Cost Allocation Plan
Agency Auditor Fees
Attorney Fees
Other Expenses, Paid by Agency
Total Agency Staff and Expenses
County Auditor and Assessor Fees
Registrar/Transfer/Paying Agent Fees
Consulting Services
Consulting Expenses
Delinquency Management Fee
TOTAL
Total Principal, Interest and Admin Costs
$64,372.00
2,100.00
2,500.00
5,000.00
$73,972.00
599.70
10, 353.15
22,003.38
684.01
883.76
$108,496.00
$1,811,496.00

ADJUSTMENTS APPLIED TO LEVY
Reserve Fund Credit
Special Tax Fund Credit
Replenishment/(Credit)
Capitalized Interest Credit
General Fund Credit
TOTAL
$0.00

0.00 0.00

0.00 (26,465.82)
($26,465.82)

TOTAL CHARGE
Total Charge
Applied Charge
Difference (due to rounding)
$1,785,030.18
$1,785,016.88
($13.30)

ADDITIONAL INFORMATION
Number of Active Parcels
Number of Parcels Levied
Actual DM Fees
Admin Costs as a percent of Annual Levy
2,069
1,999
883.76

6.08%
$38,850.00
2,200.00
2,500.00
4,700.00
$48,250.00
599.70
10, 795.00
22, 576.05
782.49
657.74
$83,660.98
$1,793,160.98
$0.00
(164,000.00)

0.00 0.00

0.00 ($164,000.00)
$1,629,160.98
$1, 629,140.24
($20.74)
2,069
1,999
657.74

5.14%
Approved
_;_gb
Date:
07/28/2025 City Council Agenda
165

CITY OF
rr\

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
SUBJECT: Special Tax for Yucaipa Paramedic Program
RECOMMENDATION:

Item No. 8
That the City Council adopt Resolution No. 2025-38, fixing the Special Tax for Fiscal Year 2025- 2026 (FY26) for the Yucaipa Paramedic Program at the following rates:

Residential Dwelling Unit $52
Small Commercial Unit $78
Large Commercial Unit (> 10,000 sq. ft.) $156
Residential Care Facility $78 plus $3 per bed over 26
BACKGROUND/DISCUSSION:

In Fiscal Year 1999-2000, the City assumed responsibility for the provision of fire protection and paramedic services. Up until that time, those services were provided to the community through a Special District of San Bernardino County, known as County Service Area No. 38 (CSA38). As a result of that assumption of responsibility, the City's fire protection services are funded entirely by revenues generated from property taxes that were shifted to the City from CSA 38.

The Paramedic Program (Program) was always intended to be funded entirely through a Paramedic Special Tax (PST) approved by the voters initially in 1987. The original PST equated to an annual amount equal to $24 per individual dwelling unit and $35 per individual commercial unit. Because of the escalation of costs, and the premise that the Program is to be funded entirely by the PST, the voters approved (Measure Y), an increase to the maximum annual PST in 2004 to the current amount of $52 per residential dwelling unit, $78 per small commercial unit, $156 per large commercial unit (> 10,000 sq. ft.) and $78 plus $3 per bed over 26 for residential care facility. The 2004 PST was approved by the voters with no escalation clause. As a result, the PST per unit has not increased in 21 years. Therefore, the total annual revenue is increased only by the number of new units assessed. In 2004, the voters understood that the assessment amount would be sufficient to cover the estimated and escalating costs of the Program for approximately 10 years, or through 2014. FY16 represented the first year in which 07/28/2025 City Council Agenda
166

revenues were not sufficient to cover the annual expenses for the Program. The paramedic services accumulated fund balance had been covering the annual deficit in the Program since FY16 until depletion occurred in FY20 and the Fire Fund became the source for the backfill. While the original estimates of a 10-year funding bridge were exceeded and the funding model was successful for 16 years, the Program's shortfall is now reducing the reserves in the Fire Fund. Actual results of the most recent available years are:

Actual
Annual Cost
Annual Revenue
Fire Fund Backfill
FY 2021/2022
$1,542,886
$1,090,114
$452,772
FY 2022/2023
$1,529,295
$1,087,351
$441,944
FY2023/2024
$1,607,021
$1,114,602
$492,419
When actual results are not yet available, budget data is used to project the shortfall:

Budget
Annual Cost
Annual Revenue
Budget Shortfall
FY 2024/2025
$2,195,007
$1,090,000
$1,105,077
FY 2025/2026
$2,364,188
$1,090,000
$1,274,188
To continue collecting the PST, the City Council is required to annually adopt a resolution to levy the PST up to the maximum amount authorized for the needs of the paramedic program as set forth in Measure Y.

Staff recommends that Council set the FY26 Special Tax rates at the maximum amounts allowable, consistent with the provisions of Measure Y. The Special Tax rates are as follows:

Residential
Small Commercial
Large Commercial (Greater than 10,000 sq. ft.)
Residential Care Facilities
$52 per year
$78 per year
$156 per year
$78 plus $3/per bed over 26 beds
As detailed throughout this report, the revenues collected from the PST are no longer sufficient to cover the annual expenses of the Program and the Fire Fund is covering the Program budget shortfall.

A fire engine is dispatched to all emergency medical calls, which make up a majority of total calls, according to city data. The vehicles, manned by fire and ALS paramedic personnel, often arrive before the ambulance, and provide immediate emergency medical treatment. Yet the cost to deploy these employees and render the service has no recovery mechanism other than the current PST.

FISCAL IMPACT:

With approval of the recommendation, it is estimated that approximately $1,090,000 will be collected through special assessments for FY26. The remaining Program deficit will be funded by reserves in the Fire Fund through a transfer to the Public Safety Fund.

Attachment:

1. Resolution No. 2025-38
Approved by:
07/28/2025 City Council Agenda
167

ATTACHMENT 1
07/28/2025 City Council Agenda
168

RESOLUTION NO. 2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE YUCAIPA PARAMEDIC PROGRAM FIXING THE SPECIAL
TAX FOR FISCAL YEAR 2025/2026
WHEREAS, that on June 2, 1987, the electors of County Service Area 38, Improvement Zone M, duly authorized a special tax levy for financing paramedic services; and WHEREAS, on March 2, 2004, the electors of the City of Yucaipa duly authorized an increase to the special tax levy for financing paramedic services; and WHEREAS, the amount of such tax shall not exceed fifty-two dollars ($52) per individual dwelling unit, seventy-eight dollars ($78) per individual small commercial unit, one hundred fifty-six ($156) per individual large commercial unit (greater than 10,000 square feet) and seventy-eight ($78) plus three ($3) per bed, over twenty-six beds, per residential care facility, per year.

NOW THEREFORE, the City Council of the City of Yucaipa, as the successor to the San Bernardino County Board of Supervisors described in the Local Agency Formation Commission Resolution No. 2638, dated March 17, 1999, acting as the governing body of the Yucaipa Paramedic Program, hereby resolves and orders:

Sectionl. That in order to fund the paramedic services budget, the special tax for fiscal year 2025/2026 shall be set at fifty-two dollars ($52) per individual dwelling unit, seventy-eight dollars ($78) per individual small commercial unit, one hundred fifty-six ($156) per individual large commercial unit (greater than 10,000 square feet) and seventy-eight ($78) plus three ($3) per bed, over twenty-six beds, per residential care facility, per year.

Section 2.

Section 3.

That the annual assessment roll for the Yucaipa Paramedic Program for fiscal year 2025-2026 shall be set at an aggregate amount of $1,124,778.70, including a $0.30 per parcel County processing fee.

The San Bernardino Auditor- Controller/Treasurer/ Tax Collector is directed to place the Direct Charge levies on the FY25/26 tax roll, including a $0.30 per parcel County processing fee with no maximum charge per parcel.

Section 4. This legislative body hereby certifies that the levy of the special tax was authorized in accordance with the provision of California Constitution Article XIII A §4 and Government Code §§ 50077 and 53978. The City Council hereby directs the San Bernardino County Auditor Controller/Tax Collector Auditor- Controller/Treasurer/Tax Collector to enter the Paramedic Emergency Medical Services Special Tax —levied at the voter -approved Measure Y (2004) rates and listed in Exhibit "A" —on the secured property -tax roll for Fiscal Year 2025-26, to 07/28/2025 City Council Agenda
169

collect the tax at the same time, in the same manner, and subject to the same penalties and lien priority as ad valorem property taxes, and to remit the net proceeds to the City of Yucaipa Paramedic Services Fund.

PASSED, APPROVED and ADOPTED this 28th day of July, 202.5.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
07/28/2025 City Council Agenda
170

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Phillip White, Director of Finance
Ryan Blackerby, Deputy Director of Finance 10
SUBJECT: Special Assessments for the Energy Independence Program RECOMMENDATION:

Item No.
9 That the City Council adopt Resolution No. 2025-39, ordering confirmation of annual assessments to be levied for the Fiscal Year 2025-2026 Energy Independence Program, pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code.

BACKGROUND/DISCUSSION:

On July 27, 2009, the City Council adopted Resolution No. 2009-44, which established a program to finance distributed generation renewable energy sources and energy efficiency improvements for property owners in the community. This program was called the Energy Independence Program (the "EIP") and used voluntary contractual assessments to allow property owners in the community to get loans to finance allowable energy improvements. These loans were provided by the City and repaid through annual special assessments on the County property tax roll.

Since establishment of the EIP program, the City has levied taxes annually with the County to collect these debt service repayments. Beginning with the Fiscal Year 2025-2026 (FY26) tax roll, the County has enhanced the assessment process, which, among other things, now requires an annual resolution that includes specific language, and dollar amounts for the assessments to be levied in the subsequent year.

The FY26 EIP tax roll includes 17 parcels with an aggregate annual assessment in the amount of $36,289. This amount includes principal, interest, administrative fees, and a $0.30 County processing fee. A full listing of the assessment roll by parcel number is available with the City Clerk.

Adopting Resolution 2025-39 allows the City to continue to collect repayments of funds originally loaned by the City, plus some interest and administrative fees. In FY26, the total amortization schedules for all 17 remaining active parcels contain principal repayments of $22,098, interest payments of $13,336, and $855 of administrative fees.
07/28/2025 City Council Agenda
171

FISCAL IMPACT:

With approval of the recommendation, it is estimated that approximately $36,289 will be collected through assessments in FY26.

Attachment:

1. Resolution No. 2025-39
Approved by
07/28/2025 City Council Agenda
172

ATTACHMENT 1
07/28/2025 City Council Agenda
173

RESOLUTION NO. 2025-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, ORDERING CONFIRMATION OF ANNUAL
ASSESSMENTS TO BE LEVIED FOR THE FISCAL YEAR 2025-2026
ENERGY INDEPENDENCE PROGRAM PURSUANT TO CHAPTER 29
OF PART 3 OF DIVSIION 7 OF THE STREETS AND HIGHWAYS CODE.

WHEREAS, on July 27, 2009, the City Council of the City of Yucaipa adopted Resolution No. 2009-44, establishing a program to finance distributed generation renewable energy sources and energy efficiency improvements (the "Energy Independence Program" or "EIP"), through the use of voluntary contractual assessments pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act"); and
WHEREAS, under the EIP, qualifying property owners voluntarily entered into contractual assessments with the City to finance allowable energy improvements on their properties; and
WHEREAS, pursuant to the terms of the contracts, the repayment of such financing is secured by annual special assessments levied on the properties; and WHEREAS, the City has caused to be prepared and filed with the City Clerk the annual assessment roll listing each participating property, the amount of each contractual assessment installment due for the upcoming fiscal year, and any administrative charges or related fees; and WHEREAS, the City Council has determined that it is necessary and appropriate to confirm and levy the contractual assessment installments for fiscal year 2025-2026 as set forth in said assessment roll.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1. The City Council finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2.

Section 3.

This Resolution is adopted pursuant to and consistent with the authority granted to the City under Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code.

The City Council hereby confirms the annual assessment roll for the Energy Independence Program for fiscal year 2025-2026 shall be set at an aggregate amount of $36,288.78 (total for all parcels), including principal, interest, administrative fees and a $0.30 per parcel County processing fee with no maximum charge limit per parcel, as per the annual assessment roll listing on file with the City Clerk.
07/28/2025 City Council Agenda
174

Section 4.

Section 5.

The San Bernardino Auditor- Controller/Treasurer/ Tax Collector is directed to place the Direct Charge levies on the FY25/26 tax roll, including principal, interest, administrative fees and a $0.30 per parcel County processing fee with no maximum charge limit per parcel.

This legislative body hereby certifies that the levy of the special tax was authorized in accordance with the provision of the Improvement Act of 1911(Streets and Highways Code Sections 5000 — 6794) specifically Streets and Highways Code §§ 5898.20, 5898.30, and 53936. The City Council hereby directs the San Bernardino County Auditor Controller/Tax Collector Auditor-Controller/Treasurer/Tax Collector to enter the annual installments of the voluntary contractual assessments levied under the City of Yucaipa Energy Independence Program on the secured property -tax roll for Fiscal Year 2025-26, to collect those installments at the same time and in the same manner as general ad valorem property taxes, and to remit the net collections to the City.

PASSED, APPROVED, and ADOPTED this 28th day of July, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
07/28/2025 City Council Agenda
175

Item No. 10

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk41'5' SUBJECT: Resolution Confirming Statutory Authorization and Proposition 218 Compliance for Solid -Waste Fees, Approving the Total Amount of Such Charges, and Directing the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to Place the Charges on the 2025-2026 Property -Tax Roll
RECOMMENDATION:

That the City Council adopt Resolution No. 2025-49, confirming statutory authorization and Proposition 218 compliance for solid -waste fees, approving the total amount of such charges, and directing the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to place the charges on the 2025-2026 property -tax roll.

BACKGROUND/DISCUSSION:

On June 9, 2025, the City Council conducted duly noticed public hearings for the adoption of Resolution No. 2025-16, forwarding amounts remaining unpaid on the Certified Solid Waste Lien List to the County of San Bernardino for addition to the 2025-2026 property tax rolls as a special assessment and Resolution No. 2025-17, establishing solid waste collection rates and providing for collection of single-family residential charges on the property tax roll.

These special assessments, among others, are submitted to the County of San Bernardino on an annual basis. This year, the County notified all agencies applying special assessments of the official launch of the San Bernardino County Direct Charge Portal —a new portal designed to streamline the process for taxing entities by allowing you to submit, track, and manage your annual direct charges more efficiently and securely. Unfortunately, the County's training to provide detailed information on their new portal and newly established criteria for Resolutions/Ordinances did not occur until well after the Council had adopted Resolutions No. 2025-16 and 2025-17.

As staff has been preparing the remaining assessments for Council's approval, there has been constant communication with the County to ensure the language in all resolutions meets their new criteria.

During this review process, the County confirmed that Resolutions No. 2025-16 and 2025-17 do not have the necessary language to meet the County's new criteria. 07/28/2025 City Council Agenda
176

Specifically, the County is asking that each Resolution submitted have the following:
• Specific Language confirming that the agency has governing authorization under applicable state law;
• Specific language that directs the San Bernardino County Auditor-Controller/Treasurer/Tax Collector (ATC) to place the Direct Charge on the current tax roll; • The authorizing language must approve the total amount of the charge, including any administrative fees. ATC will not add administrative fees on top of the amounts submitted for the charge.

Resolution No. 2025-49 provides the County's requested clarifying language for Resolutions No. 2025-16 and 2025-17.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Resolution No. 2025-49
Approved by.
07/28/2025 City Council Agenda
177

ATTACHMENT 1
07/28/2025 City Council Agenda
178

RESOLUTION NO. 2025-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, CONFIRMING STATUTORY AUTHORIZATION AND
PROPOSITION 218 COMPLIANCE FOR SOLID -WASTE FEES,

APPROVING THE TOTAL AMOUNT OF SUCH CHARGES, AND

DIRECTING THE SAN BERNARDINO COUNTY

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR TO PLACE
THE CHARGES ON THE 2025-2026 PROPERTY -TAX ROLL
WHEREAS, the City Council, by Resolution No. 2025-16, duly noticed, heard, and forwarded unpaid solid -waste liens to the San Bernardino County Auditor-Controller/Treasurer/ Tax Collector ("ATC") for placement on the 2025-2026 tax roll as special assessments; and WHEREAS, Resolution No. 2025-16 further cites Health & Safety Code § § 5470 et seq., specifically § 5473(a), which authorizes a local agency to collect delinquent charges; and WHEREAS, the City Council, by Resolution No. 2025-17, duly noticed, heard, and adopted solid -waste collection rates in accordance with Article XIII D, § 6 of the California Constitution (Proposition 218) and found that all procedural and substantive requirements were met, including the mailed notice, public hearing, and majority -protest test; and WHEREAS, Resolution No. 2025-17 further cites Health & Safety Code § § 5470 et seq., specifically § 5473, which authorizes a local agency to collect solid -waste service charges on the secured property -tax roll; and
WHEREAS, Resolution No. 2025-17 provides that single-family residential solid -waste charges shall be collected on the property -tax roll and directs transmittal to the County; and WHEREAS, the ATC has requested an additional resolution that (a) certifies the City's legal authority and. Proposition 218 compliance, (b) approves the total direct charge, and (c) formally directs the ATC to place said charges on the current tax roll.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1. Recitals Adopted. The foregoing recitals are true and correct and incorporated herein as substantive findings.

Section 2. Confirmation of Authority & Compliance. Pursuant to Health & Safety Code § 5473 and Article XIII D, § 6 of the California Constitution, the City Council hereby certifies that the solid -waste service charges, as enumerated in the Report of Charges ("Report") on file with the City Clerk, and approved by Resolutions 2025-16 and 2025-17 were duly noticed, heard, and adopted in compliance with all applicable laws.
07/28/2025 City Council Agenda
179

Section 3. Approval of amount to be levied — Resolution No. 2025-16. The annual assessment roll for the Certified Solid Waste Lien List for fiscal year 2025-2026 shall be set at an aggregate amount of $17,977.84, including a $0.30 per parcel County processing fee.

Section 4. Approval of amount to be levied — Resolution No. 2025-17. The annual assessment roll for the Collection of Single -Family Residential Solid Waste Charges for fiscal year 2025-2026 shall be set at an aggregate amount of $7,068,742.44, including a $0.30 per parcel County processing fee.

Section 5.

Section 6. Direction to County Auditor-Controller/Treasurer/Tax Collector. This legislative body hereby certifies that the levy of the direct charge under Resolutions 2025-16 and 2025-17 was authorized in accordance with Health & Safety Code § 5473 and Article XIII D, § 6, and directs the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to place the approved charges on the 2025-2026 property -tax roll.

Section 7. Administrative actions. The City Manager, or his/her designee, is authorized to execute any documents and take any further actions necessary to implement this Resolution, including transmitting the Report in the format required by the ATC.

Section 8. Severability. If any section, clause, or phrase of this Resolution is held invalid, the remaining provisions shall remain in full force and effect.

Section 9. Effective date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, and ADOPTED this 28th day of July, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
07/28/2025 City Council Agenda
180

Item No. 11

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Phillip White, Director of Financ
SUBJECT: Budget Adjustment Report — July 2025
RECOMMENDATION:

That the City Council:

1. Receive and file the Staff Approved Budget Adjustments (Attachment 1); and

2. Approve the Budget Adjustments Requiring Council Approval (Attachment 2).

BACKGROUND/DISCUSSION:

The Finance Committee reviewed this item at its July 21 st meeting and approved forwarding to the City Council. Authority to allow adjustments to the adopted budget is described in the City of Yucaipa's Budget Policy (Policy). Adjustment authority follows two paths of approval, either staff or City Council.

Staff Approved Budget Adjustments (Attachment 1)
Adjustments made to the accounting system to align with the City Council's directives are considered "technical" adjustments. The Policy allows for staff to approve technical adjustments. Technical adjustments do not change the spending limits previously established by the City Council. Common technical adjustments typically include rolling over budget for capital improvement projects, which do not lapse at the end of each fiscal year, or connecting the project account strings within the system.

In addition to technical adjustments, staff is authorized to post a variety of budget adjustments to move spending authority between accounts. An example is moving the spending authority out of non - department contingency and into the City Clerk's election expense account. Interdepartmental movement such as this requires City Manager approval.

Pursuant to the Policy, staff approved items require City Council notification through a receive and file. Attachment 1 describes staff approved budget adjustments and acts as notification to the City Council.
07/28/2025 City Council Agenda
181

Budget Adjustments Requiring City Council Approval (Attachment 2) Staff may, on a quarterly and as -needed basis, present a variety of budget adjustments requiring the approval of the City Council. When presented, these changes include an explanation and justification for each transaction. Adjustments are segregated by Fund and Department as appropriate.

Procurements near the end of the fiscal year can present challenges with budget maintenance.

Purchases ordered based on FY25 budget but not delivered until the subsequent fiscal year are systematically blocked from being paid in FY25 because the authorizing budget has lapsed. To continue operations, the transactions are removed from FY25 and "rolled over" to FY26 to allow for payment. Rollover budget adjustments represent an increase in spending authorization in FY26 and therefore require the City Council's approval. Attachment 2 details the rollover adjustments being requested.

FISCAL IMPACT:

The fiscal impact of each item to each Fund and Department is indicated within the attachments.

Attachments:

1. FY25 Staff Approved Budget Adjustments

2. Rollover Budget Adjustments Requiring Council Approval Approved by
07/28/2025 City Council Agenda
182

ATTACHMENT 1
07/28/2025 City Council Agenda
183

Staff Approved Budget Adjustments
FY2S
Budget Adjustment Report - July 2025
Attachment 1
BA#
Fund
Department OR
CIP Name
AccountDescri.tion
Rev/Ex.

Technical?
Emer:enc ?
Authority o
CM, DoF, or
DD
From Prior
FYBud :et?
Increase
(Decrease)
Amount
Description
5-17
Air Quality Improvement
Engineering

BUDGET ONLY - CIP
Carr over
Exp
Yes
No
DoF
Yes
$ 972,412.00
CIP Budget Carryover Clean -Up
5-17
Air Quality Improvement
Public Works

BUDGET ONLY - CIP
Carr over
Exp
Yes
No
DoF
Yes
$ 517,729.00
CIP Budget Carryover Clean -Up
5-17
Air Quality Improvement Total Net
Expense / (Revenue)

BUDGET ONLY - CIP
Carr over
Ex. Total
Exp
----
Yes
No
DoF
Yes
$ 1,490,141.00
$ 1,490,141.00
$ 1,071,126.00
CIP Budget Carryover Clean -Up
Capital Projects Fund
Community
Develo.ment
5-17
Capital Projects Fund
Engineering

BUDGET ONLY - CIP
Carr over
Exp
Yes
No
DoF
Yes
$ 623,717.00
CIP Budget Carryover Clean -Up
S-17
Capital Projects Fund
Public Works

BUDGET ONLY - CIP
Carr over
Exp
Yes
No
DoF
Yes
$ 1,388,137.00
CIP Budget Carryover Clean -Up
5-17
Capital Projects Fund Total Net Expense
Ex. Total
----
$ 3,082,980.00
/ (Revenue)
Exp
$ 3,082,980.00
CDBG - Capital
Public Works

BUDGET ONLY - CIP
Carr over
Yes
No
DoF
Yes
$ 123,951.00
CIP Budget Carryover Clean -Up
5-17
CDBG - Capital Total Net Expense /
Ex. Total
_---
$ 123,951.00
(Revenue)
$ 123,951.00
Drainage Facilities (DIF)
Engineering

BUDGET ONLY - CIP
Carr over
Exp
Yes
No
DoF
Yes
$ 6,467,993.00
CIP Budget Carryover Clean -Up
5-23
Drainage Facilities (DIF) Total Net Expense
Emergency Mgmt. Assistance
Ex. Total
----
$ 6,467,993.00
/ (Revenue)
Exp
DoF
No
$ 6,467,993.00
$ 16,873.00
City Manager
Staff Labor Buy-Interfund-
NonCIP
No
No
Grant Award
Ex. Total
----
$ 16,873.00
5-23
Emergency Mgmt. Assistance
City Manager
Fed - Dept. Homeland
Securit
Rev
No
No
DoF
No
$ 16,873.00
Grant Award
5-17
Emergency Mgmt. Assistance
Total Net Expense / (Revenue)
Fire Fund Capital Replacement
Rev Total
Exp
----
$ 16,873.00
$
Fire Protection
Services

BUDGET ONLY - CIP
Carr over
Yes
No
DoF
Yes
$ 200,000.00
CIP Budget Carryover Clean -Up
Fire Fund Capital Replacement Total
Ex. Total
Exp
----
$ 200,000.00
Net Expense / (Revenue)
Yes
No
DoF
Yes
$ 200,000.00
$ 915,000.00
S-17
General Capital Projects
Engineering

BUDGET ONLY - CIP
Carr over
CIP Budget Carryover Clean -Up
Ex. Total
Exp
----
No
No
CM
No
$ 915,000.00
$ 915,000.00
General Capital Projects Total Net
Expense / (Revenue
5-22
General Fund
General
Services/City Clerk
Election Expense
$ 18,100.00
Increased election expense cost
5-22
General Fund
Non-
De.artmental
Contingency
Exp
No
No
CM
No
$ (18,100.00)
Increased election expense cost
Revenue)
Ex. Total
_---
Yes
No
DoF
Yes
$ -
$ -
$ 100,000.00
General Fund Total Net Expense /
5-17
General Fund Capital Replacement
City Manager

BUDGET ONLY - CIP
Carr over
Exp
CIP Budget Carryover Clean -Up
5-17
General Fund Capital Replacement
General
Services/City Clerk

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 150,000.00
CIP Budget Carryover Clean -Up
Ex. Total
---- $ 250,000.00
$ 250,000.00
General Fund Capital Replacement
Total Net Expense /
(Revenue)
07/28/2025 City Council Agenda
184

Staff Approved Budget Adjustments
FY25
Budget Adjustment Report - July 2025
Attachment 1
S-17
Low Water Crossings
Engineering

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 933,092.00
CIP Budget Carryover Clean -Up
Low Water Crossings Total Net Expense
/ (Revenue)
Ex. Total
$ 933,092.00
$ 933,092.00
S-17
Park Capital Replacement Fund
Public Works

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 205,098.00
CIP Budget Carryover Clean -Up
Park Capital Replacement Fund To
Ex. Total
$ 205,098.00
$ 205,098.00
al Net Expense / (Revenue)
5-17
Park Facilities (DIF)
Public Works

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 1,360,426.00
CIP Budget Carryover Clean -Up
S-17
Park Facilities (DIF) Total Net Expense
/ (Revenue)
Engineering

BUDGET ONLY - CIP
Carryover
Ex. Total
$ 1,360,426.00
CIP Budget Carryover Clean -Up
DoF
Yes
$ 1,360,426.00
$ 97,056.00
Public Facilities (DIF)
Exp
Yes
No
Ex. Total
5-21
Public Facilities (DIF) Total Net Expense
/ (Revenue)
Public Safety
Veicles >$10keach
DoF
No
$ 97,056.00
$ 97,056.00
$ 252,162.00
Increase for Fire Engine Purchase -
Correction to purchase option 2
Exp
Yes
no
Public Safety Fund
S-18
Public Safety Fund
FY23 JAG Grant
Special Supples <10k each
Exp
Yes
No
DoF
No
$ 11,874.00
Assign Project to previously authorized
budget for FY23 JAG Grant.
5-18
Public Safety Fund
Public Safety
Special Supples <10k each
Exp
Yes
No
DoF
No
$ (11,874.00)
Assign Project to previously authorized
budget for FY23 JAG Grant.

Exp Total
$ 252,162.00
S-18
Public Safety Fund
FY23 JAG Grant
Trans -IN Frm Misc.Special
Rev
Rev
Yes
No
DoF
No
$ 11,874.00
Assign Project to previously authorized
budget for FY23 JAG Grant.

S-18
Public Safety Fund
Public Safety
Trans -IN Frm Misc.Special
Rev
Rev
Yes
No
DoF
No
$ (11,874.00)
Assign Project to previously authorized
budget for FY23 JAG Grant.

Rev Total
$ -
Public Safety Fund Total Net Expense
/ (Revenue)
$ 252,162.00
S-20
Street Maintenance (PMP)
Engineering
DNUBudgetOnly - CIP Cap
Prjcts
Exp
Yes
No
DoF
Yes
$ (1,371,791.00)
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 2,099,250.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 1,120,964.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 134,279.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 1,364.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 125,000.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 7,679.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 37,856.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 1,364.00
Increase for previously authorized FY25
PMP Projects
S-20
Street Maintenance (PMP)
Engineering
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 1,023.00
Increase for previously authorized FY25
PMP Projects
S-17
Street Maintenance (PMP)
Public Works
DNUBudgetOnly - CIP Cap
Prjcts
Exp
Yes
No
DoF
Yes
$ 4,157,388.00
CIP Budget Carryover Clean -Up
S-17
Street Maintenance (PMP)
Public Works

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 986,135.00
CIP Budget Carryover Clean -Up
Street Maintenance (PMP) Total Net
Expense / (Revenue)
Ex. Total
$ 7,300,511.00
$ 7,300,511.00
07/28/2025 City Council Agenda
185

Staff Approved Budget Adjustments
FY25
Budget Adjustment Report - July 2025
Attachment 1
S-17
Traffic Facilities (DIF)
Engineering

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 10,000.00
CIP Budget Carryover Clean -Up
5-19
Traffic Facilities (DIF)
Engineering
CIP-Capital Projects
Exp
Yes
No
DoF
Yes
$ 250,000.00
Increase Project Funding for SBCTA
Reimbursement Agreement - Wildwood
Canyon Rd
S-17
Traffic Facilities (DIF)
Public Works

BUDGET ONLY - CIP
Carryover
Exp
Yes
No
DoF
Yes
$ 11,675,252.00
CIP Budget Carryover Clean -Up
Exp Total
$ 11,935,252.00
S-19
Traffic Facilities (DIF)
Engineering
CIP-Capital Projects
Rev
Yes
No
DoF
Yes
$ 250,000.00
Increase Project Funding for SBCTA
Reimbursement Agreement - Wildwood
Canyon Rd
Rev Total
$ 250,000.00
$ 11,685,252.00
Traffic Facilities (01F) Total Net Expense
/ (Revenue)
07/28/2025 City Council Agenda
186

ATTACHMENT 2
07/28/2025 City Council Agenda
187

City Council, July 28, 2025
Budget Adjustment Report
Attachment 2
Rollover Budget Adjustments
Decreasing in FY25 and Increasing in FY26
General Fund
• A budget adjustment is necessary to increase the YPAC operating expense budget by $13,000 in FY26 for the refinishing of the flooring that wasn't performed until FY26. A compensating decrease in FY25 is being requested as well. • A budget adjustment is necessary in FY25 to decrease the Parks and Facilities Maintenance operating expense budget by $174,276 and increase the transfer -out budget by the same amount to the General Capital Projects Fund, where the capital outlay budget is to be increased in FY26 by the same amount. Chillers ordered in FY25 will not be delivered until FY26 when they will be spent out of the General Capital Projects Fund. • A budget adjustment is necessary in FY25 to increase the transfer -out budget in the amount of $198,786, to the General Capital Projects Fund where the Parks and Facilities Maintenance capital outlay expense budget will be increased in FY26 by the same amount. The generator that was authorized for purchase in FY25 will not be delivered until FY26 when it will be spent out of the General Capital Projects Fund.

General Capital Projects Fund
• A budget adjustment is necessary in FY26 to increase the Parks and Facilities Maintenance capital outlay budget by $174,276 for chillers ordered in FY25 that will not be delivered until FY26 (mentioned above under "General Fund"). • A budget adjustment is necessary in FY26 to increase the Parks and Facilities Maintenance capital outlay expense budget by $198,786 for the generator authorized in FY25 that won't be delivered until FY26 (mentioned above under "General Fund"). 07/28/2025 City Council Agenda
188

ItemNo. 12

AGENDA REPORT
DATE: July 28, 2025
TO:

FROM: Megan Wolfe, Director of Community Services
Sarah Valdepena, Recreation Superintendent
Honorable Mayor and City Council
SUBJECT: Crossing Guard Services Agreement
RECOMMENDATION:

That the City Council authorize the Interim City Manager to execute the Crossing Guard Services (Program) Agreement with the Yucaipa-Calimesa Joint Unified School District (District).

BACKGROUND/DISCUSSION
On August 8, 2016, the City Council approved an agreement with the District for the City of Yucaipa to operate the Program. The services provided as part of the agreement include staff at the following school sites, intersection locations, and the cost share percentages:

School Sites
Intersection Locations
Cost Share
Percentage
YCJUSD
Yucaipa
Wildwood Elementary School
Susan St. at Holmes St.
50%
50%
Dunlap Elementary School
12th, St. at Ave. E
50%
50%
Ridgeview Elementary School
/Parkview Middle School
Tahoe Dr. at Sunnyside Dr.
50%
50%
Valley Elementary School
Avenue E at 8th St.
50%
50%
Chapman Elementary School
Chapman Heights Rd. at Cramer Rd.
50%
50%
Competitive Edge Charter Academy
Stonewood Dr. at Fairport Way
50%
50%
Yucaipa High School*
Yucaipa Blvd. at 12th St.
50%
50%
Calimesa Elementary School
2nd St. at County Line Rd.
67%
33%
*Added in September 2024.

On June 14, 2021, the City Council approved a three-year agreement for the Program. The District is requesting to enter into another Agreement for the Program for a term of one year, beginning August 7, 2025.
07/28/2025 City Council Agenda
189

The estimated cost share percentage reimbursement is $39,000. This amount has been included as revenue in the FY26 Budget. 100% of the Program cost ($74,130) has been included in the FY26 Budget.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachments:

1. Agreement for Crossing Guard Services
Approved by:
07/28/2025 City Council Agenda
190

ATTACHMENT 1
07/28/2025 City Council Agenda
191

AGREEMENT FOR CROSSING GUARD SERVICES

BY AND BETWEEN

CITY OF YUCAIPA
AND

YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT
THIS AGREEMENT, made and entered into this 1st day of August, 2025, by and between the CITY OF YUCAIPA, and the YUCAIPA-CALIMESA UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT".

RECITALS
WHEREAS, the CITY OF YUCAIPA has personnel specifically skilled, trained, experienced, and competent to render the services described in Article 1 of this agreement and the CITY OF YUCAIPA and the DISTRICT require these services; and WHEREAS, the CITY OF YUCAIPA and the DISTRICT feel it is appropriate that these services continue to be provided;
WHEREAS, the DISTRICT is unable to obtain the services described in Article 1 of this agreement at no cost from public agencies;
NOW, THEREFORE, the CITY OF YUCAIPA, and the DISTRICT mutually agree as follows:

1. Services to be Provided by the CITY OF YUCAIPA
a. The CITY OF YUCAIPA will render the services described below:

The CITY OF YUCAIPA and the DISTRICT agree that the CITY OF YUCAIPA will provide one crossing guard at each of the following locations:
1) Susan Street at the intersection of Holmes Street
2) 12th Street at the intersection of "E" Street
3) Tahoe Drive at the intersection of Sunnyside Drive
4) "E" Street at the intersection of 8th Street
5) Chapman Heights Road at the intersection of Cramer Road 6) Stonewood Drive at the intersection of Fairport Way
7) Yucaipa Blvd at the intersection of 12th Street
07/28/2025 City Council Agenda
192

8) 2nd Street at the intersection of County Line Road
b. The CITY OF YUCAIPA will provide crossing guard services at the intersections specified in Subsection (a) during the school year. Schedules and hours will vary per school site and will be provided to the CITY OF YUCAIPA in advance. c. The CITY OF YUCAIPA will commence work under this agreement beginning August 7, 2025, and will provide this service for the 2025/2026 academic year, not including summer school. This agreement will expire on June 4, 2026. d. The CITY OF YUCAIPA will provide these services and direction for employees in an independent manner. The CITY OF YUCAIPA is independent of the DISTRICT and is not under the control of the DISTRICT as to the results to be accomplished or to the means or manner by which such results shall be accomplished.
e. The parties acknowledge that there may be a need to reassess staffing levels and locations throughout the Term of the Agreement, for reasons including but not limited to changes in school operations. The parties agree to meet twice annually, or more often if requested by one of the parties, to evaluate staffing levels and locations, and make adjustments as necessary. The CITY OF YUCAIPA shall not be required to refund any fees paid by the DISTRICT that have already been expended by the CITY OF YUCAIPA to pay for crossing guard services or supplies.

2. The CITY OF YUCAIPA's Fee and Payment Thereof
a. The DISTRICT will pay the CITY OF YUCAIPA for services rendered pursuant to this agreement as follows for the 2025/2026 academic year:
1) 50% of the cost of providing Crossing Guard Services at Wildwood Elementary, Dunlap Elementary, Ridgeview Elementary, Park View Middle, Valley Elementary, Chapman Heights Elementary, Competitive Edge Charter School, and Yucaipa High School;
2) 67% of the cost of providing Crossing Guard Services at Calimesa Elementary.
b. The amount included in Section 2.a. shall not exceed $39,000. c. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY OF YUCAIPA under this agreement. d. The CITY OF YUCAIPA will bill the DISTRICT twice annually (December/May) for payment under this agreement. The DISTRICT will process the invoices and pay the amounts due within 30 days of the dates of the invoices. 07/28/2025 City Council Agenda
193

3. Duration of Agreement
The term of this agreement shall be from August 7, 2025, to and including June 4, 2026.

4. Termination of Agreement
a. Termination for Breach. Either party may terminate this agreement in the event of a material breach by the other party by providing written notice to the breaching party, specifically identifying the breach or breaches on which such notice of termination is based. The breaching party shall have a right to cure such breach within 30 days of receipt of such notice, and this agreement shall terminate in the event that such cure is not made within such 30-day period. b. Termination Without Cause. CITY OF YUCAIPA may terminate this agreement at any time and for any or no reason upon ninety (90) days' written notice to DISTRICT.

5. Successors and Assigns
This agreement shall not be assignable except with the written consent of the parties hereto.

The CITY OF YUCAIPA may, however, in its sole discretion, determine how the services provided under the agreement will be accomplished and may contract or assign any obligations to provide services without notice of consent of the DISTRICT.

6. Hold Harmless
The CITY OF YUCAIPA hereby agrees to save and hold harmless the DISTRICT and their departments, agencies, officers or employees from all sums which the DISTRICT or any of its departments, agencies, officers or employees may be obligated to pay by reason of any liability imposed upon them for damages arising out of the performance of the services rendered solely by the CITY OF YUCAIPA and caused by any error, omission or act of the CITY OF YUCAIPA or any person employed by it or of any others for whose acts the CITY OF YUCAIPA is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees.

The DISTRICT hereby agree to save and hold harmless the CITY OF YUCAIPA and its departments, agencies, officers or employees from all sums which the CITY OF YUCAIPA or any of its departments, agencies, officers or employees may be obligated to pay by reason of any liability imposed upon them for damages arising out of the performance of the services rendered by the DISTRICT and caused by any error, omission or act of the DISTRICT or any person employed by him or her or of any others for whose acts the DISTRICT is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. 07/28/2025 City Council Agenda
194

7. General Provisions.
a. The CITY OF YUCAIPA shall comply with all federal, state and local laws and ordinances applicable to such work. The CITY OF YUCAIPA shall provide workers' compensation insurance or self -insure for these services. b. Notice. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CITY OF YUCAIPA or DISTRICT's regular business hours, (c) by email or facsimile (with confirmation of receipt) or (d) three business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

To CITY OF YUCAIPA: 34272 Yucaipa Blvd.

Yucaipa, California 92399
To DISTRICT:

Yucaipa-Calimesa Joint Unified School District
12797 Third Street,
Yucaipa, California 92399
c. Conflict of Law. This agreement shall be interpreted under and enforced by the laws of the State of California. The agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this agreement (or the successors of those authorities). Any suits brought pursuant to this agreement shall be filed with the Superior Court of the County of San Bernardino, State of California.
d. Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
e. Integrated Contract. This agreement represents the full and complete understanding of every kind or nature whatsoever between the parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof Any modification of this agreement will be effective only by a written document signed by both CITY OF YUCAIPA and DISTRICT. f. Authority. The individual(s) executing this agreement represent and warrant that they have the legal authority to do so on behalf of their respective legal entities. g. Inserted Provisions. Each provision and clause required by law to be inserted into the agreement shall be deemed to be enacted herein, and the agreement shall be read and enforced as though each were included herein. If through mistake or 07/28/2025 City Council Agenda
195

otherwise, any such provision is not inserted or is not correctly inserted, the agreement shall be amended to make such insertion on application by either party. h. Captions and Terms. The captions in this agreement are for convenience only, are not a part of the agreement and in no way affect, limit or amplify the terms or provisions of this agreement.

Force Majeure. CITY OF YUCAIPA shall not be liable for any failure to perform its obligations under this agreement if CITY OF YUCAIPA presents acceptable evidence that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond CITY OF YUCAIPA's reasonable control and not due to any act by CITY OF YUCAIPA.

Attorney Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
k. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

1. No Third -Party Beneficiaries Intended. This agreement is made solely for the benefit of the parties to this agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this agreement.
m. Counterparts; Facsimile/PDF/Electronic Signature. This agreement may be executed in multiple counterparts, all of which shall be deemed original, and all of which will constitute one and the same instrument. The parties agree that a facsimile, PDF or electronic signature may substitute for and have the same legal effect as the original signature.
n. Drafting Party. This agreement shall be construed without regard to the party that drafted it. Any ambiguity shall not be interpreted against either party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.
07/28/2025 City Council Agenda
196

CITY OF YUCAIPA
By its Authorized Representative(s):

YUCAIPA-CALIMESA JOINT

UNIFIED SCHOOL DISTRICT
By its Authorized Representative(s):

Jennifer Crawford, Interim City Manager Cali Binks, YCJUSD Superintendent Date Date
ATTEST:

City Clerk
By:

APPROVED AS TO FORM:

CITY ATTORNEY
By:
07/28/2025 City Council Agenda
197

Item No.

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services IviN
SUBJECT: City of Yucaipa Fourth of July Fireworks Show
13 RECOMMENDATION:

That City Council waive the Firework Display Permit Fee in the amount of $727 related to Pyro Spectaculars Inc.'s July 4, 2025, production.

BACKGROUND/DISCUSSION:

On April 14, 2025, the City Council authorized the Acting City Manager to execute a contract with Pyro Spectaculars, Inc. in the amount of $45,145 to produce the City's 2025 Fourth of July Fireworks Show event at the Yucaipa High School campus. The program included a fireworks display with music produced by a licensed pyrotechnic operator. The program lasted about twenty minutes, and the event was well attended by the community.

The actual cost to produce the fireworks display is $45,000. The City of Yucaipa's Municipal Code requires licensed pyrotechnic operators to apply for and obtain a fireworks display permit from the City's Fire Marshal and Fire Department through the Building & Safety Division to ensure the safe operation and production of the display. The City's Fire Marshal and Fire Department reviewed and approved the firework display operation prior to the event. The fee amounts to $727. The contract with Pyro Spectaculars Inc. allows the vendor to pass along the cost of any fees to the City. Instead of charging the fee and subsequently reimbursing the vendor, staff is recommending the City Council waive the firework display permit fee. As an alternative option, staff requests an additional $582 to the contract to reimburse fees charged to the vendor.

FISCAL IMPACT:

In both staff's recommendation and the alternative option, the financial impact to the City is a net $0.

Approved
07/28/2025 City Council Agenda
198

Item No. 14

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk ,c91/5' SUBJECT: Monthly Report on Yucaipa App Usage — June 2025 RECOMMENDATION:

That the City Council receive and file a report of the user activity on the Yucaipa App for the month of June 2025.

BACKGROUND/DISCUSSION:

The Yucaipa App is a smart phone application that allows users to report issues and access City information. The App allows users to submit pictures and geographical locations to help the City to respond effectively and provide status updates. The App has played a crucial role in addressing concerns related to homelessness and street maintenance.

The following highlights the App's monthly totals:

Monthly Totals
Item

FEBRUARY
MARCH
APRIL
MAY
JUNE
Total Monthly
Users
171
152
190
175
169
Total Issues
Submitted
223
213
241
251
344
Most
Commonly
Reported Issue
Street/City
Issue (96)
Street/City
Issue (118)
Street/City
Issue (116)
Street/City
Issue (100)
Street/City
Issue (100)
07/28/2025 City Council Agenda
199

Issues Totals by Type
DEC
JAN
FEB
MAR
APR
MAY
JUN
Code Enforcement
34 45
42 36
50 75
75 Daily Park Task
3 3
2 1
1 1
Daily Street Task
1 6
9 3
1 2
7 Engineering Review
1 Graffiti/Vandalism
27 30
14 7
2 4
11 Homeless Issue
29 28
10 13
18 21
26 Illegal Fireworks
73 Park Issue
9 12
18 11
19 24
20 Refer to LLMD
1 8
13 8
6 2
10 Refer to PMP
3 5
3 7
10 9
Street/City Issue
68 88
96 118
116
100
100
Street Light or Power Outage
1 Traffic Calming
9 8
11 11
16 8
11 Trail Issue
2 2
5 6
4 4
1 Grand Total
182
235
223
213
241
251
344
At the June 23, 2025 City Council Meeting, staff announced that a new feature had been added to the App to allow for the reporting of illegal fireworks. That feature was launched on June 19, 2025. While illegal fireworks was not the most reported item in the month of June, it's important to note that it did come in a close third with 73 reports.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Approved b
07/28/2025 City Council Agenda
200

CITY
Item No. 15

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk SUBJECT: Economic Development Advisory Committee Meeting Dates RECOMMENDATION:

That the City Council discuss the Economic Development Advisory Committee's (EDAC) request to meet on a monthly basis.

BACKGROUND/DISCUSSION:

On June 26, 2025, EDAC held their first meeting in the Community Meeting Room at City Hall. Per Resolution No. 2025-01, adopted by the City Council on January 13, 2025, EDAC shall meet on a quarterly basis with the date and time to be determined by the committee.

The goal of EDAC is to foster sustainable economic growth, enhance the local business environment, and improve the overall quality of life for residents by providing recommendations, strategies, and support to the City's economic development initiatives. The committee shall act in an advisory capacity to the City Council in the development of policies, programs, and initiatives related to economic development.

Upon discussion of the date and time of future meetings, there was consensus among the committee members to request that their meetings be held on a monthly basis instead of quarterly, in order to effectively carry out the committee's goal.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Approved by: Crr:.
07/28/2025 City Council Agenda
201

orrY or
wy,
rtiff

AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
Item No. 16
FROM: Jennifer Crawford, Interim City Manager
Kimberly Metzler, Deputy City Clerk/Deputy Rent Administrator/Records Techniciar SUBJECT: Biennial Review of the Mobilehome Rent Stabilization Ordinance and Administrative Rules
RECOMMENDATION:

That the City Council:

1. Approve the Introduction and First Reading of Ordinance No. 458, an Ordinance of the City Council of the City of Yucaipa, California, amending and restating Ordinance No. 422 pertaining to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code related to the Mobilehome Rent Stabilization Program; and

2. Adopt Resolution No. 2025-44, rescinding Resolution No. 2024-56, and establishing updated Administrative Rules for the implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance.

BACKGROUND/DISCUSSION:

The City of Yucaipa's Mobilehome Rent Stabilization Program is established in Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC", also referred to sometimes as the "Mobilehome Rent Stabilization Ordinance" or the "Ordinance"). Additional procedures for implementing the Ordinance are outlined in the Administrative Rules for the implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance (also referred to as the "Administrative Rules").

Pursuant to YMC Section 15.20.140, the Ordinance must be reviewed biennially to assess its continued appropriateness and to determine whether any modifications are warranted.

On June 9, 2025, at a duly noticed public meeting, the City Council conducted its biennial review of the Mobilehome Rent Stabilization Ordinance and the associated Administrative Rules. Following comments and suggestions from stakeholders —including park owners, their representatives, park residents, and individual testimony —and after deliberation, the City Council directed staff to prepare amendments to several of the items presented for consideration. 07/28/2025 City Council Agenda
202

City Council approved amendments (from June 9, 2025, Special City Council Meeting)

1. Rent Adjustments Upon Vacancy
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 plus twenty (20) percent.

2. Pre-Approval/Automatic Pass Through of Capital Improvement Costs 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 § 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 demonstrate that the park owner met with the park residents and considered input from the park residents regarding any proposed capital improvements; the park owner held a capital improvement ballot election...

3. Selection of Resident Representative
Amend YMC § 15.20.060 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 majority vote.

4. Staff Recommended amendments to the Ordinance and Rules to provide clarification and conformity with State Law
A.

Document:

Ordinance § 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.
07/28/2025 City Council Agenda
203

Document:

Issue:

Recommendation:

Ordinance § 15.20.020 - Definitions
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.

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 "CPP' 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
C.

Document:

Ordinance § 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 § 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 07/28/2025 City Council Agenda
204

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.

Document:

Issue:

Recommendation:

Ordinance §§ 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)
Clarify additional statutory exemptions from local space regulation Amend §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 subject to a lease which e from rent regulation pursuant to the California
Mobilehome Residency Law, Civil Code §798 et seq. Upon
expiration or termination of such an exemption under Civil Code §798.17, that space shall become subject to the rent regulations of this chapter.

Amend the initial paragraph of §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 §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 § 15.20.030 of this code, subject to a longer term ease o pt f om rent control pursuant to California Civil Code §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 is subdivision and the rules and regulations.

Amend §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, under a lease California Civil Code Section 798.17, the base space
rent, for purposes of calculating the annual adjustment, shall be the 07/28/2025 City Council Agenda
205

rent in effect as of the date of the expiration of the exemption lease, provided that space rents can be verified by information required on, and/or documentation submitted with the annual registration application.

Amend §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 this chapter this code under Civil Code Section 798.17, 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 §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) Civil Code Section 798.17 or

15.20.030(A) of this code at the time the initial and annual statements are filed.

Amend §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, leng- tem. lease which e tea the e f om r .mot ntrol , nrler 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 leng-term lease. Thereafter, the rent may be increased once every twelve months in accordance with Subsection (A) of this section.

Amend Administrative Rules § 2.0003(A) & (B) to read as follows:

2.0003 LEASED SPACES CURRENTLY EXEMPT AND PRIOR

EXEMPT SPACES
07/28/2025 City Council Agenda
206

A. Exempted Spaces under Civil Code Section 798 ' 7. In the event a mobilehome park owner believes that his/her park contains any space which is :sec-te-a-leas exempts that pace 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
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 leng- term lease o ption fr nt , ntrol
B. 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 pursuant to the provisions of Civil Code Section 79847 et seq., or YMC Section 15.20.030 ceded by Assembly Bill 2782 (Chapter 35, Statutes of 2020), 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
Amend Administrative Rules § 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 79847) et seq., or YMC Section

15.20.030 and all information required by Section 2.0003.

Amend Administrative Rules § 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 control under long te,.,,., 'ease pursuant to Civil Code Section 79847 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 control regulation, and the date said rent increase was imposed.
07/28/2025 City Council Agenda
207

Amend Administrative Rules § 3.0001(B)(6) to read as follows:

6. For any space that was previously exempt from rent regulation control pursuant to „ long term lease under Civil Code Section 7984-7 et seq. or YMC Section 15.20.030 and such exemption has expired or terminated,
the rent control o ption t,as terminated rod e e
Section 798.17, the determination of the initial Annual Adjustment following termination of the tent —control exemption shall be determined in accordance with this subsection (6). The last rent in effect under the long-term lease exempt provision shall be inserted on the Annual
Amend Administrative Rules § 3.0001(D)(3) to read as follows:

3. If the application includes a space that was previously exempt from rent regulation control- pursuant to u der a lo„^ term lease 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 term 1 asc in the preceding twelve (12) months prior to approval by the RA. Subsequent Annual Adjustments shall comply with subsection (D)(2).

Amend Administrative Rules § 3.0001(F) to read as follows:
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 Administrative Rules § 4.0003(C) as follows:

C. Leased Spaces, Vacant Spaces and Calculation 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 , vacant spaces, and all spaces
subject to an exemption pursuant to the
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 shall receive a rental increase,
based upon a prorated allocation of the MNOI adjustment among all spaces in the park. Exempt leased spaces shall
Amend Administrative Rules § 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 , vacant and leased spaces,
Previded-that7
and all spaces subject to an exemption n
control pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.), or YMC Section 15.20.030 and no 07/28/2025 City Council Agenda
208

adjustment "h a1 be added to nt 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 shallbe allocated to the individual -regulated -spaces. 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.

Document:

Ordinance §15.20.073-Registration, posting and fees
Issue:

Ordinance §15.20.073(A) is outdated language that is no longer required since the Annual Registration captures all park Recommendation
Delete §15.20.073(A) and renumber the sections accordingly.

Document:

Ordinance §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 decision denying Any
rent administrator's granting or -decision -of
the dm:n:strator the improvement
rent on merits of a capital 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
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, any 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.

Document:

Ordinance §15.20.100-Rent increases by application to the hearing officer
Issue:

This section needs to include capital improvement rent increase adjustments pursuant to § 15.20.085.
07/28/2025 City Council Agenda
209

Recommendation:

Amend the first sentence §15.20.100 to read as follows:

A park owner may seek a space rent increases in addition to those permitted by § 15.20.080 and 15.20.085 pursuant to subsections A, B and EC of this section.

Document:

Issue:

Recommendation:

Ordinance §15.20.116-Recovery of application costs in
connection with successful approval of a rent adjustment application to the hearing officer.

Add additional language for clarification.

Amend §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 §§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 §$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 city's 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.

Document:

Ordinance §15.20.140-Biennial review
Issue:

Add additional language for clarification.

Recommendation:

Amend §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 §15.20.060) and advertised once in the local legally adjudicated newspaper.
07/28/2025 City Council Agenda
210

Document:

Administrative Rules §§1.0001, 1.0002, 1.0003, 1.0004, 1.0005,

1.0006, 1.0007(E)
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 §§ 1.0001, 1.0002, 1.0003, 1.0004, 1.0005, 1.0006, and

1.0007(E) replacing the word "Meeting(s)" with "Hearing(s)." L.

Document:

Issue:

Recommendation:

Administrative Rules §1.0007, 1.0007(D)(3) and 1.0007(D)(5) Section needs to be modified to include fair return rent adjustments, which are available under Ordinance § 15.20.100(C)-Rent Increases by Application to the Hearing Officer.

Amend the last sentence in the initial paragraph of §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, er net operating income or fair return adjustment) shall be granted.....

Document:

Administrative Rules §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 § § 15.20.080, 15.20.090 and 15.20.100.

Recommendation:

Amend §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, legal the RA
experts and counsel representing staff shall
not communicate with the Hearing Officer concerning the application under consideration, except concerning procedural matters, such as the dates and locations of public hearings, and except during the public hearing.
07/28/2025 City Council Agenda
211

Document:

Administrative Rules §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 §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 Aall evidence, whether it be in the form of testimony documents, „ot relevant
oral or written whichis
to the Hearing Officer to determine
enable offered 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 O.

Document:

Administrative Rules §1.0007(D)(7)
Issue:

Clarification change
Recommendation:

Amend §1.0007(D)(7) to read as follows:

7. Requests for Production of Evidence. The Hearing Officer or RA staff member may request the attendance.....

If by the Hearing Officer
any evidence requested or staff member
RA is not available
P.

Document:

Administrative Rules §1.0007(G)
Issue:

Clarification change
Recommendation:

Amend §1.0007(G) to read as follows:
.....shall articulate, his or her theif findings of fact, reasoning, and conclusions for his or her theif decision on.....

Document:

Administrative Rules §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 §1.0008(B) to replace the word "Resolution" with
"Decision."
07/28/2025 City Council Agenda
212

Document:

Issue:

Recommendation:

Administrative Rules §1.0009
Additional text required to clarify process.

Amend §1.0009 to read as follows:
.....Administrative Rules shall be in the form of a draft resolution prepared made by the RA resolution and shall be submitted to the City Council for review and approval.

Document:

Administrative Rules §3.0001(B)(3) and (4)
Issue:

Clarification change
Recommendation:

Amend § 3.0001(B)(3) and (4) to read as follows:

3. The CPI used in the prior Annual Adjustment shall then be subtracted from the current CPI. The resulting sum difference shall be multiplied by 100 divided by the prior CPI. The resulting sum (in decimal form) then be divided by the prior Cvr
percentage shall
The -resulting -sum -shall -then -be multiplied by 100% and presented with up to 2 decimal places as a `%' sign (converting to whole form). The 4% is
number result or of current space rent, whichever
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.

Document:

Administrative Rules Chapter 4
Issue:

Clarification change
Recommendation:

Amend Chapter 4 Title to read as follows:

Chapter 4. SPECIAL RENT ADJUSTMENTS INCREASES BY

APPLICATION TO THE HEARING OFFICER
U.

Document:

Administrative Rules §4.0003
Issue:

The reference to §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.

Recommendation:

Amend the initial paragraph of §4.0003 to read as follows:
.....park on the grounds that the rent increases described in Chapter 4 of these Rules and YMC Sections15.20.080 4-00, and 15.20.085 do not provide a just.....
07/28/2025 City Council Agenda
213

v
Document:

Administrative Rules §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: $10.38 16.68/hr.

Skilled Labor: $19.28 30.98/hr.

Document:

Issue:

Recommendation:

Administrative Rules § 4.0007
Clarification language
Amend §4.0007 Title and last sentence of paragraph to read as follows:

4.0007 ALLOWABLE RENT ADJUSTMENTS AND

APPLICATIONS FOLLOWING MNOI, FAIR RETURN OR
VOLUTNARY MEET AND CONFER ADJUSTMENT]
.....MNOI adjustment based on a readjusted base year NOI, of fair return adjustment or a special rent adjustment by voluntary meet and confer.

Document:

Administrative Rules §6.0001 and 6.0002(A) and (B)
Issue:

If park owner is successful in an appeal to the Hearing Officer from the Rent Administrator's 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 §6.0001 and 6.0002(A) and (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

15.20100 of the Ordinance.....

6.0002(B) .....Hearing Officer pursuant to YMC Sections

15.20.085 or 15.20.100 based on the factors.....

Proposed Ordinance No. 458 and proposed Resolution No. 2025-44 are attached for consideration and action. Redlined versions of each document are also provided to illustrate the proposed changes to the existing language.

If the Council concurs with the amendments and introduces Ordinance No. 458 as recommended, staff will return on August 11, 2025, for its second reading. Both Ordinance No. 458 and Resolution No. 2025-44 will become effective 30 days following the approval of the second reading of the ordinance.
07/28/2025 City Council Agenda
214

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachments:

1. Ordinance No. 458

2. Resolution No. 2025-44

3. Redlined Ordinance No. 458

4. Redlined Resolution No. 2025-44
07/28/2025 City Council Agenda
215

ATTACHMENT 1
07/28/2025 City Council Agenda
216

ORDINANCE NO. 458

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING AND RESTATING ORDINANCE NO. 422
PERTAINING TO CHAPTER 15.20 OF TITLE 15 OF THE YUCAIPA

MUNICIPAL CODE RELATED TO THE MOBILEHOME PARK RENT

STABILIZATION PROGRAM

THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Municipal Code Amendment.

Chapter 15.20 "Mobilehome Park Rent Stabilization Program" is hereby amended to read as follows:

Chapter 15.20
Mobilehome Park Rent Stabilization Program

15.20.010 Purpose and findings.

A. Findings. Complaints concerning excessive rents by tenants of mobilehome parks led the city council to conduct a study of the situation in the mobilehome parks in the city. As a result of that study, staff investigation and testimony at public hearings held by the city, the city found an extremely low vacancy rate and a pattern of excessive rent increases beginning as early as 1983, when rent control was first sought from the county board of supervisors for the Yucaipa area.

Excessive rent was an issue in the 1986 incorporation campaign, which resulted in the filing of a petition with the Local Agency Formation Commission ("LAFCO") on December 18, 1986 and again in the 1989 incorporation petition filed with LAFCO on March 2, 1989, which resulted in the incorporation of the city on November 27, 1989. The forty-three (43) mobilehome parks in the city contain approximately four thousand one hundred (4,100) spaces and provide approximately thirty (30) percent of the thirteen thousand eight hundred (13,800) dwelling units in the city.

Mobilehome owners, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment to purchase a mobilehome for which they must rent a space in a mobilehome park. They have also made investments in maintaining and improving those homes as well as landscaping and exterior improvements to the mobilehomes and the rental spaces on which they are located. Alternative sites for the relocation of mobilehomes are difficult to find due to the shortage of vacant spaces, the restrictions on the age, size or style of mobilehomes permitted in many parks, and requirements related to the installation of mobilehomes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobilehome is substantial and the risk of damage in moving is significant. Thus, moving a mobilehome is not a feasible option if rent becomes excessive. The result of these conditions is the creation of a captive market of mobilehome owners and tenants. Their immobility and the shortage of spaces, in turn, creates an imbalance in the bargaining relationship between park owners and mobilehome park tenants. Because mobilehomes are often owned by senior citizens, persons on fixed incomes, and 07/28/2025 City Council Agenda
1 217

persons of low and moderate income, excessive rent increases fall upon these individuals with particular harshness.

On January 28, 1991, the city council enacted Ordinance No. 63 (amended). This ordinance established a comprehensive scheme for the regulation of space rents in mobilehome parks in the city, and limits the rent increases that may be charged by park owners.

B. On November 25, 1991, the city council enacted Ordinance No. 87, (as amended on February 13, 1992, by Ordinance No. 91), which prohibits park owners from requiring prospective residents from signing long-term leases as a condition of moving into a mobilehome park.

C. On September 18, 1992, the city council enacted Ordinance No. 113, which amended Ordinance No. 63 (amended) to allow the de -regulation, or de -control of space rents upon specified vacancies of a mobilehome park space, and provided for the re -imposition of rent control upon the imposition of the rent first charged after such vacancy. At the time of the adoption of Ordinance No. 63 (amended), the city council determined that the rent stabilization provisions of Ordinance No. 63 (amended), would provide sufficient protection for park residents against excessive rent increases without the need for control of rents upon vacancies.

D. Since the enactment of Ordinance No. 63 (amended), residents of mobilehome parks in the city have presented instances of park owners requiring prospective residents to sign long-term leases as a condition of moving into the park which such long-term leases exempt such persons from the protection of Ordinance No. 63 (amended). In addition, residents of mobilehome parks in the city have presented the city with instances of park owners raising rents several fold for new residents. As a result, these park residents have been unable to sell their coaches and move out of the park, and prospective residents have been forced to look for housing elsewhere. In some instances, park residents have been forced to sell their coaches to the park owner at minimal or no cost, such that the coach itself has little or no value, and the park owner has assumed the role of landlord on the specific coach as well.

E. As a result of these repeated problems, and the unnecessarily oppressive and harsh rent increases which have occurred, this city council finds and declares that it is necessary to facilitate and encourage fair bargaining between the prospective residents and park owners, as well as current residents and park owners, from excessive and unreasonable conditions imposed upon vacancies in mobilehome parks, and from unreasonable rent increases in an area of housing shortage. The city council finds that control of rents upon vacancy will not prevent park owners from realizing a fair and just return on their property when seen in the context of mobilehome rent control which has been established in the city.

F. In order to facilitate the above -stated policies, the city council, by Ordinance No. 104, adopted provisions limiting the rent that a park owner may charge upon a vacancy in a park.

Ordinance No. 104, amended by Ordinance No. 113 provides for complete vacancy control, where it is believed that Ordinance No. 63 (amended) and other mobilehome rent control provisions adopted by the city council adequately protect the rights and interest of park owners. The ordinance codified in this chapter is intended to apply to any transfer of any mobilehome, as well as any change in occupancy of a mobilehome.
07/28/2025 City Council Agenda
2 218

G. On March 28, 1994, the city council approved the annual report with respect to certain definitions and ministerial actions, and thereafter enacted Ordinance No. 126, which incorporated all previous amendments to Ordinance No. 63 (amended) and does not intend to make any substantive changes to Ordinance No. 63 as it was amended by Ordinance Nos. 104 and 113 other than those minor nonsubstantive amendments authorized by city council on March 28, 1994.

H. On December 11, 1995, the city council approved the annual report with respect to certain revisions and additions to Ordinance No. 126. The ordinance codified in this chapter incorporates all existing provisions of Ordinance No. 126, Ordinance No. 140 and Ordinance No. 152, except as modified in light of issues identified in the annual report.

I. On September 8, 1997, the city council approved the annual report with respect to certain revisions and additions to Ordinance No. 161. This ordinance incorporated all existing provisions of Ordinance No. 161, except as modified in light of issues identified in the annual report.

J. On November 8, 1999, the city council approved the biennial report with respect to certain revisions and additions to Ordinance Nos. 161/170. This ordinance incorporates all existing provisions of Ordinance No. 161 and Ordinance No. 170, except as modified in light of issues identified in the biennial report.

K. 1. On August 2, 2001 and November 20, 2001, the mobilehome rent review commission conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed language amendments to the rent stabilization ordinance and administrative rules.

2. On September 24, 2001, at a noticed public hearing the city council received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to certain revisions and additions to this chapter of the Yucaipa Municipal Code (the "municipal code"), and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter were necessary in order to provide sufficient protection for park residents against excessive rent increases and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

4. On January 28, 2002, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 214.

L. 1. On August 25, 2003, and October 7, 2003, the mobilehome rent review commission conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed language amendments to the rent stabilization ordinance and administrative rules.

2. On November 24, 2003, at a noticed public hearing the city council received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to certain revisions and additions to this chapter of the Yucaipa Municipal Code (the "municipal code"), and administrative rules.
07/28/2025 City Council Agenda
3 219

3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter of the municipal code were necessary in order to provide sufficient protection for park residents against excessive rent increases and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

4. On December 8, 2003, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 226.

M. On September 27, 2004, the city council approved the addition of subsection E to Section

15.20.110 of this code and enacted Ordinance No. 234.

N. On August 8, 2005, the city council approved the repeal of Section 15.20.117 of this code and enacted Ordinance No. 245.

O. 1. On February 22, 2006 the mobilehome rent review commission conducted a noticed public meeting, received testimony and made recommendations to the city council on proposed amendments to this chapter (also referred to as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On April 24, 2006, at a noticed public meeting, the city council conducted the biennial review and received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to proposed amendments to this chapter, and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that the following amendments to this chapter were necessary in order to adequately protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

P. 1. On July 15, 2010, July 26, 2010, December 14, 2010, and February 22, 2011, the mobilehome rent review commission ("commission") conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On April 25, 2011, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.

3. Based on the record presented, which is incorporated herein, the city council found and determined that certain amendments to Chapter 15.20 of the Municipal Code were necessary in order to adequately protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

Q. 1. On January 13, 2016, March 22, 2016 and May 24, 2016, the mobilehome rent review commission ("commission") conducted a noticed public hearing, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the 07/28/2025 City Council Agenda
4 220

Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On August 29, 2016, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.

4. This ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq., hereafter the "Guidelines"), and the city's environmental guidelines. The city has determined that this ordinance is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this ordinance constitutes organizational or administrative activities of city government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)).

Therefore, because it is not a "project," this ordinance is not subject to CEQA's requirements.

Further, even if this ordinance were deemed a "project" and therefore subject to CEQA, the ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).

R. 1. On October 19, 2017, at a noticed public hearing, the mobilehome rent review commission ("commission") conducted the biennial review, received testimony and made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("Chapter 15.20 of the YMC" also referred to sometimes as the "rent stabilization ordinance" or the "ordinance") and administrative rules.

2. On November 6, 2017, at a noticed public hearing, the city council conducted the biennial review, received testimony and considered the recommendations of staff and the commission with respect to proposed amendments to Chapter 15.20 of the YMC and administrative rules.

S. 1. On February 21, 2019, at a noticed public meeting, the mobilehome rent review commission ("commission") made recommendations to the city council on proposed amendments to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code and Resolution No. 2011-52 pertaining to the U.S. Department of Labor, Bureau of Labor Statistics updated definition of the Consumer Price Index (CPI) for the area that includes Yucaipa.
07/28/2025 City Council Agenda
221
5 2. On March 11, 2019, at a noticed public meeting, the city council considered the recommendations of staff and the commission with respect to proposed amendments to Chapter

15.20 of the YMC and Administrative Rules.

T. 1. On January 15, 2020, at a noticed public meeting, the commission made recommendations to the city council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules pertaining to certain definitions, annual adjustments, rent adjustments upon vacancy, park resident representatives, the commission, and special rent adjustment application and appeal procedures.

2. On February 26, 2020, March 23, 2020, and April 13, 2020, at a noticed public meeting, the city council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the commission's and staffs recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 390.

3. On April 27, 2020, at a noticed public meeting, the city council conducted further Biennial Review of the Ordinance and Administrative Rules, including review and consideration of the commission's and staffs recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 391.

U. On November 9, 2020 and November 23, 2020, at a noticed public meeting, the city council reviewed legislative amendments to Civil Code Section 798.17 adopted pursuant to Assembly Bill 2782, Chapter 35, Statutes of 2020 (collectively "AB 2782") phasing out the long-term lease exemption from local rent control ordinances under the Mobilehome Residency Law, and staff s recommendations and public comments received on proposed amendments relating to the determination of annual adjustments for previously exempt spaces in accordance with AB 2782, and thereafter enacted Ordinance No. 397.

V. 1. On May 17, 2022, at a noticed public meeting, the commission made recommendations to the city council on proposed amendments to Chapter 15.20 of the YMC and the Administrative Rules, pertaining to annual adjustments, rent adjustments upon vacancy, park resident representatives, park registration procedures, and the biennial review process.

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.

X. On June 9, 2025, and July 28, 2025, at a noticed public meeting, the City Council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the Rent Administrator's recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 458. 07/28/2025 City Council Agenda
6 222

(Ord. 458 §1, 2025, Ord. 422 §3, 2023; Ord. 413 § 3, 2022; Ord. 375 § 3, 2019; Ord. 368 § 3, 2017; Ord. 351 § 1, 2016; Ord. 311 § 1, 2011; Ord. 255 §§ 1, 2, 3, 2007; Ord. 226 § 1, 2003; Ord. 214 § 1, 2002; Ord. 193 § 1, 1999; Ord. 170 § 1, 1997; Ord. 161 § 1, 1996; Ord. 126 § 1, 1994)

15.20.020 Definitions.
"Abandoned in -place" means a resident voluntarily abandons his or her coach and the park owner gains title and sells the coach to a new resident. "Amortizable expenses" means:

1. Expenses for physical improvements and replacements which consist of more than ordinary maintenance or repairs, have a useful life of at least more than one year but less than five years and can be depreciated pursuant to the U.S. or California income tax codes; and

2. Other expenses that are reasonably expected to cover a period of years, such as maintenance that does not need to be done every year, payments of property taxes or property insurance covering more than one year, a major refurbishment of a park facility such as a clubhouse, where a number of non -capital items (painting, new flooring, new window coverings and furniture) are installed all at one time that will last more than one year, or physical work performed for aesthetic reasons that does not qualify for a capital improvement rent adjustment under Section 15.20.085. "Annual" means calendar year.
"Capital improvement" means the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, have a useful life of at least five years and satisfy the requirements of Section 15.20.085(A).
"Complete" means submittal of all information and documentation to support any requested rent adjustment and/or appeal, in accordance with the administrative rules adopted by resolution of the city council.
"Consumer Price Index (CPI)" means:

1. For the purpose of calculating the annual adjustments for each of the years 1987 through 2018, the "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles -Riverside - Orange Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor.

2. For the purpose of calculating the 2019 annual adjustment 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.

3. For the purpose of calculating annual adjustments beginning in 2020 the "Consumer Price Index" or "CPI" means the CPI index for the Riverside -San Bernardino -Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.
07/28/2025 City Council Agenda
7 223

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. 5. For the purpose of calculating special rent adjustments the "Consumer Price Index" or "CPI" for the years subsequent to 2017 means the CPI index for the Riverside -San Bernardino -Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index. "Day" means a calendar day, unless otherwise defined in this chapter. If a deadline falls on a day on which City Hall is not open, the deadline shall be extended to the next business day. "Emergency capital improvements" mean capital improvements: (1) that are necessary in order to prevent an imminent threat to public health and safety of the park, its residents, or neighbors; (2) that must be carried out immediately; and (3) satisfy the requirements of Section 15.20.085(B) and the administrative rules adopted by resolution of the city council. "Housing services" mean services connected with use or occupancy of a rental space in a mobilehome park which are provided to residents for the rent charged for a space, including, but not limited to: utilities, ordinary repairs, replacement and maintenance, laundry facilities, recreational facilities, a resident manager, refuse removal, parking, street cleaning and maintenance, and other benefits, privileges, facilities or terms and conditions of the residency. "In -place transfer" of a mobilehome means a sale, transfer or other conveyance of ownership of a mobilehome with the mobilehome remaining on the mobilehome space following the sale, transfer or other conveyance, including the following: (1) replacement of a mobilehome by the same resident for any reason (such as age, fire, flood, substantial destruction, or replacement with a new mobilehome); or (2) transfers ownership of the mobilehome by inheritance or other transfers to relatives, heirs, personal representatives of the estate and successors of interest; or (3) any other voluntary or involuntary transfers of ownership of the mobilehome by the resident to a creditor; or (4) any other voluntary or involuntary transfer of a mobilehome by the resident to the park owner as the result of an eviction or other termination of tenancy. Notwithstanding the foregoing, an in - place transfer of a mobilehome does not include an "abandoned -in -place" mobilehome as defined above.
"Mobilehome" means a vehicle, designed or used for human habitation, including a camping trailer, travel trailer, motor home and slide -in camper, when used as the principal place of habitation for the occupants thereof, as well as mobilehomes as defined by Civil Code Section 798.3
"Mobilehome park" means any area of land within the city where two or more spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation, but shall not include parks which rent spaces exclusively to recreational vehicles as that term is defined in Civil Code Section 799.30.
07/28/2025 City Council Agenda
8 224

"Owner" means a person or entity that receives or is entitled to receive rent for the use or occupancy of a mobilehome space or an agent or representative authorized to act on behalf of such person or entity.
"Rent" means the consideration paid for use or occupancy of a mobilehome space and the provision of related housing services.
"Rent administrator" means the person designated by the city manager to administer the provisions of this chapter.
"Residency" means the right or entitlement of a mobilehome owner of a mobilehome, or subtenant of a mobilehome owner, to use, occupy and place a mobilehome on a rental space in a mobilehome park and to related housing services.
"Resident" means an owner of a mobilehome who has a residency. "Resident" shall also mean any tenant or subtenant of a mobilehome owner who has a residency.

Resident, Prospective. "Prospective resident" means a prospective purchaser of a mobilehome in a mobilehome park who has applied for a park residency. "Prospective resident" shall also mean a prospective subtenant of a prospective purchaser of a mobilehome park who has applied for a park residency.
"Vacancy" means any of the following:

1. Any mobilehome space which is empty because the mobilehome was voluntarily removed by the mobilehome owner who will no longer be a resident of the park. A vacancy under this subsection 1 shall not include a long-term vacant space as defined in subsection 8 of this section; or

2. Any mobilehome space which is empty because the mobilehome was destroyed by fire, flood, earthquake or other natural catastrophe, and the mobilehome owner will no longer be a resident of the park. A vacancy under this subsection 2 shall not include a long-term vacant space as defined in subsection 8 of this section; or

3. Any mobilehome space that is empty because the mobilehome is abandoned in -place, and the park owner gains title and sells the coach to a new resident. A vacancy under this subsection 3 shall not include the abandonment of a mobilehome resulting from an eviction or other involuntary termination of tenancy of the resident, or a long-term vacant space as defined in subsection 8 of this section; or

4. Any "in -place transfer" of a mobilehome (as defined in this section) which remains in the park; or

5. Any change in occupancy of a mobilehome on the same mobilehome space (but excluding an "abandoned in -place" mobilehome, or an "in -place transfer" of a mobilehome); or

6. Any replacement of a mobilehome on a space with another mobilehome owned or occupied by the same resident(s); or
07/28/2025 City Council Agenda
9 225

7. Any change in occupancy or ownership of an existing mobilehome on a space as a result of an eviction or other involuntary termination of tenancy; or

8. Any long-term vacant space. As used in this section, "long-term vacant space" means a mobilehome space, pad or lot that has been empty (without a coach), for any reason, for more than five consecutive years.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 4, 2022; Ord. 391 §§ 6-8, 2020; Ord. 375 § 4, 2019; Ord. 311 § 2, 2011; Ord. 255 §§ 5, 6, 2007; Ord. 193 § 2, 1999; Ord. 161 § 2, 1996; Ord. 126 § 2, 1994)

15.20.030 Exemptions.

A. This chapter shall not apply to:

3. Any mobilehome park which has signed and is in compliance with a mobilehome accord and agreement approved by resolution of the city council. This exemption shall apply during the term of the agreement including any extensions or renewals thereof, provided that upon its expiration, the mobilehome park shall again be subject to this chapter and the base rents in the mobilehome park shall be the rents last charged pursuant to the agreement.

B. The rent regulation provisions of this chapter shall not apply to any space while that space is exempt from rent regulation pursuant to the California Mobilehome Residency Law, Civil Code Section 798 et seq. Upon expiration or termination of such an exemption, that space shall become subject to the rent regulations of this chapter.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 5, 2022; Ord. 193 § 2, 1999; Ord. 161 § 3, 1996; Ord. 126 § 3, 1994)
07/28/2025 City Council Agenda
10 226

15.20.040 Maximum permitted rent.

A. The base rent in effect on December 31, 1987, plus any increase imposed between that date and the effective date of the ordinance codified in this chapter which do not exceed eighty (80) percent of the increase in the CPI between that date and the effective date of said ordinance.

B. An owner shall not demand, accept or retain rent for a mobilehome space exceeding the base rent for a space, except as hereinafter provided. No notice of a rent increase may be given by a park owner to residents until the rent increase has been approved pursuant to this chapter and no rent increase approved pursuant to this chapter shall be demanded, collected or retained until lawful notice pursuant to the Mobilehome Residency Law, Civil Code Section 798, et seq., of that increase has been given to the affected residents by the park owner. Retroactive increases shall not be permitted pursuant to this chapter. In the event that the city -approved annual rent increase has not been implemented by the effective increase date, the twelve (12) month period prior to the next increase shall begin at the actual date of implementation.

C. No owner shall reduce the housing services provided for the rent paid on the effective date of the ordinance codified in this chapter. Any reduction in such housing services shall be deemed a rent increase in violation of this chapter unless the reduction has been approved pursuant to Section 15.20.090.

D. A resident may refuse to pay rent in excess of the maximum rent permitted by this chapter.

The fact that any such unpaid rent is in excess of the maximum rent permitted by this chapter shall be a defense in any action brought to recover possession of a mobilehome space and for nonpayment of rent or to collect the illegal rent.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 226 § 2, 2003; Ord. 193 § 4, 1999; Ord. 161 § 4, 1996; Ord. 126 § 4, 1994)

15.20.050 Maximum permitted rent upon space vacancy.

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, 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.

A. Upon "vacancy," as defined in Section 15.20.020, subsection (4), (5), (6), or (7), the park owner shall be prohibited from raising the space rent for that space. No park owner shall impose any space rent in excess of the current rent in effect immediately preceding the vacancy of the space.
07/28/2025 City Council Agenda
11 227

B. Upon "vacancy," as defined in Section 15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the last rent in effect on the space prior to such vacancy based on the combined average of rent controlled spaces in the park plus twenty (20) percent, provided that space rents prior to the vacancy can be verified by information required on and/or documentation submitted with the annual registration application or annual rent increase application, whichever was approved later. This calculation shall be known as the vacancy adjustment. Any such approved vacancy adjustment shall constitute the new base rent for that space. The new space rent determined in accordance with this subsection B shall become the base rent upon which future rent increases pursuant to this chapter shall be calculated. At the time of rental of that space following a vacancy (as defined in "vacancy" subsection (1), (2), (3), or (8) of Section 15.20.020), no park owner shall impose any space rent in excess of the last rent in effect immediately preceding the vacancy of the space, as modified by any vacancy adjustment approved by the city in accordance with this subsection for that vacant space. Procedures implementing the vacancy adjustment authorized under this subsection B shall be set forth in the rules and regulations adopted by resolution of the city council.

C. Park Owned Mobilehome Sold to an Existing or New Resident.

1. In the event that a park owned coach is sold to an existing resident (through a rent -to -own agreement or straight purchase) and the coach remains in the park, the base rent shall be either the last regulated space rent charged for the space, if the space was previously subject to this chapter, increased by the annual CPI increases properly charged by the park and any other applicable city - approved rent increase for the spaces in the park; or if the space was never subject to this chapter, the average of the rents charged for comparable spaces in the park subject to rent control.

2. In the event a park -owned coach is sold to a new resident and the coach remains in the park, the base rent shall be the combined average of rents in the rent -controlled spaces in the park plus ten (10) percent.

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, 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, provided that space rents can be verified by information required on, and/or documentation submitted with the annual registration application.

E. Upon occupancy of a vacant space, the park owner shall be prohibited from increasing the space rent, except in compliance with the provisions of Sections 15.20.080 through 15.20.100, concerning annual adjustments, capital improvement rent adjustments, net operating income adjustments and adjustments based on discontinuance of services or amenities.

F. No park owner shall require that a prospective resident sign a lease exempt from this chapter or code as a condition of tenancy.

G. Procedures for application and approval of rent adjustments upon space vacancy shall be in accordance with administrative rules set forth by resolution of the city council. 07/28/2025 City Council Agenda
12 228

(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 6, 2022; Ord. 391 § 9, 2020; Ord. 255 § 7, 2007; Ord. 193 § 5, 1999; Ord. 170 § 2, 1997; Ord. 161 § 4A, 1996; Ord. 126 § 4A, 1994)

15.20.060 Resident representatives.

The residents of each mobilehome park in the city shall elect by a vote of 10 or 10% of the regulated spaces, whichever is less, a resident representative to receive all notices required by this chapter. 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. The elected representative shall continue to serve as park resident representative until his or her resignation or the subsequent election of another resident by the park residents. The residents shall advise the rent administrator of the name, address and phone number of the elected resident representative in writing no later than January 31 st of each year and shall promptly notify the rent administrator of any change of representative. If a resident representative or point of contact is not established, all notices required by this chapter shall be posted, in the clubhouse, park office and one other location accessible to the residents.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 7, 2022; Ord. 390 § 3, 2020; Ord. 193 § 6, 1999; Ord. 161 § 5, 1996; Ord. 126 § 5, 1994)

15.20.070 Hearing Officer.

A. There shall be a hearing officer or hearing officers who shall be appointed by the city council. Each hearing officer shall serve a term of three years or until their successor is appointed.

B. Powers and Duties. The hearing officer shall have the following powers and duties:

1. To meet from time to time;

2. To review, hear and determine rent adjustment applications pursuant to the provisions of this chapter and to adjust maximum rents or maintain rents upon completion of its hearings and investigations;

Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord.390 §4, 2020; Ord. 255 § 8, 2007; Ord. 214 § 2, 2002; Ord. 193 § 7, 1999: Ord. 170 § 3, 1997; Ord. 161 § 6, 1996: Ord. 152, 1996; Ord. 126 § 6, 1994)

15.20.073 Registration, posting and fees.

A. Annual Registration. Every mobilehome park shall file an annual registration statement, on a form provided by the rent administrator and in accordance with the administrative rules adopted pursuant to this chapter, no later than the 31 st day of January each year.

B. New/Extended Lease Registration. Every park owner shall file a statement on a form provided by the rent administrator whenever: (1) a new lease is executed after the City's approval of the prior year's annual registration statement; or (2) an existing lease is renewed or extended 07/28/2025 City Council Agenda
13 229

after the City's approval of the prior year's annual registration statement. The lease registration statement shall include the duration of the new, renewed or extended lease, new lease execution and expiration dates, renewal/extension execution and expiration dates, current space rent determined under this chapter, last names of homeowners/tenants, and any other information required by the rules or otherwise deemed necessary by the rent administrator for the implementation and administration of this chapter.

C. 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 this code, 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.

D. Fees. The city council may adopt fees for the following by resolution:

1. 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) of this code at the time the initial and annual statements are filed.

2. Application fees to cover the costs of processing an application or appeal.

E. A park owner who fails to comply with subsections A, B, C, D and E of this section shall not be entitled to charge, collect, retain or apply for the rent increases permitted by this chapter.

F. The 2004 paramedic special tax, enacted by the voters at the rate of twenty-eight dollars ($28.00) per individual dwelling unit per year, may be collected, commencing on November 1, 2004, in twelve (12) monthly installments, in an amount not to exceed two dollars and thirty-four cents ($2.34) per month, which may be included with the monthly statement of rent due, but must be separately itemized. The tax shall not be included in the base rent when calculating rent adjustments.

G. A copy of the ordinance codified in this chapter shall be posted in the office of every mobilehome park and in the recreation building or clubhouse of every mobilehome park.

Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 8, 2022; Ord. 311 § 3, 2011; Ord. 255 § 15, 2007; Ord. 234 § 1, 2004; Ord. 214 §§ 4 b, 2002; Ord. 193 § 10, 1999; Ord. No. 161 § 10, 1996; Ord. 126 § 10, 1994)
07/28/2025 City Council Agenda
14 230

15.20.080 Annual rent adjustments by administrative application.

Annual Adjustment Based on the CPI.

A. Except as otherwise provided in subsection B, the rent for a mobilehome space may be increased once every twelve (12) months by the lesser of either four percent of the current space rent as of the date of the complete application, or one -hundred (100) percent of the increase in the CPI during the preceding twelve (12) months, provided that this increase may not be imposed until twelve (12) months after the most recent annual adjustment under this section or an adjustment under Section 15.20.100 in the preceding twelve (12) months.

B. If the mobilehome space was previously subject to an exemption pursuant to Section

15.20.030 and such exemption expired, the rent for such space shall not be increased under this section until twelve (12) months after the most recent rent increase under the previously exempt lease. Thereafter, the rent may be increased once every twelve (12) months in accordance with subsection A of this section.

C. Regulations for implementing this section shall be as set forth in the administrative rules adopted by resolution of the city council, including, but not limited to, application procedures and dissemination of CPI to park owners.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 9, 2022; Ord. 397 § 7, 2020; Ord. 368 § 4, 2017; Ord. 311 § 4, 2011; Ord. 255 §§ 9, 10, 11, 2007; Ord. 214 § 3, 2002; Ord. 193 § 8, 1999; Ord. 161 § 7, 1996; Ord. 152, 1996; Ord. 140, 1995; Ord. 126 § 7, 1994)

15.20.085 Rent adjustments based on capital improvements.

A park owner may request approval of a rent adjustment based on capital improvements or emergency capital improvements in accordance with this section.

A. General Procedures.

1. 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 demonstrate that 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 (see sample "Election Ballot Form" in Exhibit A attached to the ordinance codified in this section and incorporated by reference), in an attempt to gain fifty-one (51) percent approval of the occupied rent controlled spaces, with one vote per space having consented to the proposed capital improvement in one of the following methods: (a) at the noticed resident meeting; or (b) ballot mailed via certified mail/return receipt requested to each rent controlled space. Documentation of the meetings with the park residents shall include, but is not limited to, notice of meeting between the park owner(s) and residents, resident attendance sign -in sheets, official minutes from the meeting, a summary of each of the bids or proposals received and a written explanation from the park owner explaining 07/28/2025 City Council Agenda
15 231

the reasons for the selection of the contractor, and election ballot form(s). The summary shall include sufficient detail for the park residents to understand the nature and extent of the proposed work and the costs to be incurred therein. If the owner proposes to perform the capital improvement with his or her own labor, the summary provided to the residents shall include an explanation of the proposed work and costs. An increase application which meets all other requirements of this subsection but has not been consented to by fifty-one (51) percent of the occupied spaces may be granted when the improvement is necessary to protect the health and safety of the park, its residents and/or its neighbors. The requirement for the resident meeting and capital improvement ballot election shall not apply to improvements that qualify as emergency capital improvements in accordance with subsection B. Any increase granted under subsection A shall remain in effect only during the useful life of the improvement. 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. Regulations for implementing subsection A shall be set forth in the administrative rules adopted by resolution of the city council.

2. Upon receipt of the application, the rent administrator shall review the application and determine whether it is complete in accordance with Section 15.20.105. A rent increase application filed under this subsection shall be granted or denied within thirty (30) days of receipt of a complete application and written notice of the determination by the rent administrator shall be mailed to the applicant and affected residents within that thirty (30) day period. If the rent administrator determines that an application is incomplete, written notice that an application has been determined incomplete and the reasons for that determination shall be given to the applicant by the rent administrator within thirty (30) days of receipt of the application. A written determination to grant a requested increase or a modified increase shall specify the duration and amount of the monthly rent adjustment granted. If a modified increase is granted, the written determination shall specify the reason for the modification. If an increase is denied, the written determination that the application has been denied shall specify the reasons for the denial. All written notifications shall be issued in accordance with Section 15.20.105(E).

B. Emergency Capital Improvements. The rent administrator may approve a capital improvement rent adjustment for emergency capital improvements, as defined Section 15.20.020 and in this subsection, even if the park owner did not hold a resident meeting and capital improvement ballot election prior to completion of the capital improvement, only upon the terms set forth in this subsection and the administrative rules. The purpose of this subsection is to allow the park owner an opportunity to seek approval of a capital improvement rent adjustment application in those situations in which compliance with the resident meeting and capital improvement ballot election procedures is not feasible or possible due to an imminent threat to public health and safety resulting from an emergency event which damages the park.

b. There was no time to hold a resident meeting and capital improvement ballot election prior to carrying out the emergency capital improvements due to the need to immediately prevent or correct the imminent threat to public health and safety of the park, its residents and/or its neighbors; and
c. The park owner commenced construction of the emergency capital improvement not later than two weeks (fourteen (14) days) after the event constituting the emergency and completed the improvements as expeditiously as possible. "Commencement of construction" means that within two weeks of the emergency event, the park owner obtained signed contracts with contractors, builders and other third parties necessary to carry out the emergency capital improvements, obtained necessary permits and commenced substantial physical construction on the improvements. If physical construction did not actually begin within the two -week period, the city may find that the park owner commenced construction within the required two -week period if the park owner provides documentation establishing that within the two -week period all of the following were met: (i) the park owner obtained signed contracts for construction, (ii) the park owner obtained (or applied for and made reasonable efforts to obtain) all necessary permits, (iii) the park owner established a firm date for the commencement of construction, (iv) construction actually commenced in accordance with that time schedule, and (v) construction proceeded in an expeditious manner and was completed prior to submittal of the application; and d. The application for a capital improvement rent adjustment based on emergency capital improvements is submitted to the city: (i) within one month (thirty (30) days) of completion of the improvements, or (ii) within four months from the date of occurrence of the emergency, whichever occurs later. In no event shall an application for a rent adjustment based on emergency capital improvements be submitted more than six months after the occurrence of the emergency except as otherwise provided in the administrative rules.

2. Any increase granted under this subsection shall remain in effect only during the useful life of the emergency capital improvement. 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.

C. Application for Approval of Capital Improvement Rent Adjustment following Denial of Emergency Capital Improvement Adjustment Application. If the city issues a final decision denying a park owner's application for a rent adjustment based on emergency capital improvements because the city finds that the work does not constitute an emergency capital improvement as defined in Section 15.20.020, or because the park owner failed to comply with the time deadlines set forth in subsection (B)(1)(c) or (B)(1)(d), the rent administrator shall not approve a subsequent capital improvement rent adjustment application based on the same work unless the park owner conducted a resident meeting and a capital improvement ballot election and either: (1) fifty-one (51) percent of the residents approved the improvement; or (2) the improvement was necessary for the health and safety of the park, its residents and/or its neighbors, as provided in the administrative rules. As used in this subsection, a "final decision" means either of the following: (1) a decision that becomes final due to the failure of the park owner or resident to file a timely appeal from the rent administrator's decision denying the emergency capital 07/28/2025 City Council Agenda
17 233

improvement rent adjustment application; or (2) a decision of the hearing officer denying the emergency capital improvement rent adjustment following a timely appeal of the rent administrator's decision on such application.

D. Exclusion of Capital Improvement Costs from Special Rent Adjustment Applications.

1. Costs incurred for capital improvements or emergency capital improvements shall not be included as operating expenses in an application for an MNOI rent adjustment or a rent adjustment based on a readjusted 1987 NOI under Section 15.20.100(A) or (B). If a park owner includes expenses for capital improvements or emergency capital improvements in any such application, those expenses shall be processed and heard as a separate capital improvement rent adjustment application under subsection (A)(1) and (2) and the administrative rules. The city shall not approve a separate capital improvement rent adjustment unless such an application meets all requirements of subsection (A)(1), except that if the park owner held the resident meeting and capital improvement ballot election but did not obtain at least fifty-one (51) percent resident consent, the city shall not approve the application unless the city determines that the work qualifies as an improvement necessary for the health and safety of the park, its residents, and/or its neighbors and complies with all other requirements of subsection (A)(1) and (2) and the administrative rules.

2. Costs incurred for capital improvements shall not be included in a special rent adjustment application for a fair return under Section 15.20.100(C) except as expressly provided in the administrative rules. The requirements for a resident meeting, capital improvement ballot election and majority resident consent shall not apply to capital improvements submitted as part of a special rent adjustment application under Section 15.20.100(C).

E. Appeal of Rent Administrator's Decision on Capital Improvements. The rent administrator's decision granting or denying 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 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, any 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. (Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 351 §§ 2, 3, 2016; Ord. 311 § 5, 2011; Ord. 255 §§ 9, 10, 11, 2007; Ord. 214 § 3, 2002; Ord. 193 § 8, 1999: Ord. 161 § 7, 1996: Ord. 152, 1996; Ord. 140, 1995; Ord. 126 § 7, 1994)

15.20.090 Rent adjustments based on discontinuance or reduction of a service or amenity.

A. Application by Park Owners. A park owner may reduce or discontinue a service or amenity upon a commensurate decrease in rent, provided that the service or amenity is not required by other laws or to maintain health and safety and habitability standards. Prior to the reduction or discontinuance of the service or amenity, the park owner shall submit a rent decrease application to the city pursuant to the requirements of this subsection and Section 15.20.105 and the administrative rules adopted by resolution of the city council.

1. Upon receipt of the application, the rent administrator shall review the application and determine whether the application is complete in accordance with Section 15.20.105(A). 07/28/2025 City Council Agenda
18 234

2. If the rent administrator determines that the application is complete, the rent administrator shall provide written notice to the applicant and residents pursuant to Section 15.20.105(B) and (E).

3. If the rent administrator determines that the application is incomplete, the rent administrator shall provide written notice to the applicant of the manner in which the application is incomplete, pursuant to Section 15.20.105(B), (C) and (D), and shall advise the applicant that he/she must submit the additional information or documentation within thirty (30) days of service of the notice.

If the applicant fails or refuses to submit the additional information or documentation within the thirty (30) day time period, the rent administrator shall give mailed notice to the affected residents and the park residents' representative of the application and advise them that it is incomplete and of their right to submit opposition to the application pursuant to Section 15.20.105(E).

4. Applications shall be heard and determined by the hearing officer in accordance with Section 15.20.110 and the administrative rules adopted by resolution of the city council.

B. Applications by Residents. A resident or group of residents may apply for a rent decrease based on a discontinuance or reduction in services or amenities. At least thirty (30) days before filing such an application the resident(s) seeking the adjustment shall make a written request to the park owner that the service or amenity be restored. The application shall be filed in accordance with the requirements of this subsection and Section 15.20.105, and the administrative rules adopted by resolution of the city council.

1. Upon receipt of the application, the rent administrator shall review the application and determine whether the application is complete in accordance with Section 15.20.105(A).

2. If the rent administrator determines that the application is complete, the rent administrator shall provide written notice to the applicant and park owner pursuant to Section 15.20.105(B) and (E).

3. If the rent administrator determines that the application is incomplete, the rent administrator shall provide written notice to the applicant pursuant to Section 15.20.105(B), (C) and (D), and shall advise the applicant that he or she must submit the additional information or documentation within thirty (30) days of service of the notice. If the applicant fails or refuses to submit the additional information or documentation within the thirty (30) day time period, the rent administrator shall mail written notice to the affected park owner of the application and advise them that it is incomplete and of their right to submit opposition to the application pursuant to Section 15.20.105(E). The park owner shall also be required to provide information concerning the cost of the service or amenity alleged to be discontinued or reduced within that time.

4. Any rent decrease granted pursuant to this subsection B shall be equal to the cost to the park owner of providing the service, maintenance or amenity. The resident(s) shall have the burden of proving that the service or amenity has been removed or decreased.

5. Applications shall be heard and determined by the hearing officer in accordance with Section 15.20.110, and the administrative rules adopted by resolution of the city council. 07/28/2025 City Council Agenda
19 235

C. Appeals. The decision of the hearing officer on the merits of an application pursuant to subsection A or B of this section shall be final.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 315 § 1, 2012; Ord. 311 § 6, 2011; Ord. 255 §§ 12, 13, 2007: Ord. 193 § 9, 1999: Ord. 161 § 8, 1996: Ord. 126 § 8, 1994)

15.20.100 Rent increases by application to the hearing officer.

A park owner may seek a space rent increase in addition to those permitted by Section

15.20.080 and 15.20.085 pursuant to subsections A, B and E of this section. The park owner shall bear the burden of proof and provide the evidence to justify a rent increase based on any application submitted under subsections A, B, and/or C of this section. Subsection A provides for increases under a maintenance of net operating income ("MNOI") formula and it is presumed in the absence of evidence to the contrary that the MNOI formula provides a fair or just and reasonable return.

An application pursuant to subsection C cannot be filed unless an MNOI application has also been filed and the two applications can be heard together. However, an application can be filed under subsection A without filing an application under subsection C. Subsection B provides for modifications of the base year net operating income ("NOI") used in the MNOI formula under specified circumstances.

The applicant for a special adjustment under this section shall provide documentation of its income and expenses in the base year and of its income and expenses in each of the last five years or since its last special adjustment and such other information and documentation as is necessary to properly determine an MNOI calculation under subsections A and B and/or a fair return application under subsection C. An application cannot be deemed complete until information and documentation, as set forth in Section 15.20.105 and the administrative rules adopted by resolution of the city council, has been provided and the required filing fee paid to the city. Except as otherwise provided in the administrative rules, an application cannot be set for hearing before it is deemed complete. The factors and methodology for the hearing officer to determine the gross income, operating expense and net operating income shall be as set forth in the administrative rules adopted by resolution of the city council.

A. MNOI Rent Adjustment. It shall be presumed in the absence of evidence to the contrary, presented pursuant to subsection B of this section that the NOI earned by the mobilehome park in calendar year 1987 provided a just and reasonable return to the park. Except as otherwise provided in subdivision (1) of this subsection, park owners shall be entitled to increase the park's 1987 NOI by sixty-six and sixty-seven one hundredths (66.67) percent of the increase in the CPI since December 31, 1987, to October 28, 1996, and eighty (80) percent of the increase in the CPI from October 29, 1996, to the date of the application. In the event that there has been an increase of more than three percent in the vacancy rate in the park since the base year, any rent adjustment under this subsection shall be governed by subdivision (1) of this subsection. For the purposes of this subsection, the 1987 CPI shall be one hundred fourteen and eighty-one hundredths (114.80) and the current CPI utilized in reviewing a rent increase application shall be the CPI last reported as of the date the application is deemed complete.
07/28/2025 City Council Agenda
20 236

1. In the event that there has been an increase of more than three percent in the vacancy rate in the park since the base year, the city finds that it would be contrary to the purposes of rent stabilization to authorize additional rent increases for occupied spaces in order to offset reductions in income due to increased vacancies which occur because there is not sufficient demand to fill the vacant spaces at the legal rent ceiling. In effect, allowing additional rent increases for occupied spaces because there are more vacant spaces in a park would allow park owners to obtain higher rents from existing tenants, than it is possible to obtain from the prospective tenants, whose homes are still "mobile" and whose options have not been restricted by the process of moving into the park. Therefore, in the event that there has been an increase of more than three percent in the vacancy rate in the park since the base year, rent adjustments shall be governed by the following:
a. Gross income per rented space shall be computed based on the total gross income of the park divided by the total number of rented spaces. The park owner shall be entitled to increase the base year NOI per rented space by sixty-six and sixty-seven hundredths (66.67) percent of the increase in the CPI since December 31, 1987, to October 28, 1996, and eighty (80) percent of the increase in the CPI from October 29, 1996.
b. Calculations of base year and current year operating expenses may be adjusted by the hearing officer so that a reasonable comparison of the expenses and charges associated with rented spaces is obtained for the purpose of comparing base year and current year operating expenses and to adjust for variations in operating expenses due to the increased vacancy rate.

2. In the event a park has received a special adjustment since the base year, the income and expense year on which the special adjustment was based shall be deemed the base year for the purposes of evaluating a rent adjustment application, and the CPI used as the "current CPI" in determining the prior special rent adjustment shall be deemed the "base year CPI" for the purpose of evaluating the special rent adjustment application.

B. Rent Adjustment Based on Re -adjusted Base Year NOI. A park owner may rebut the presumption that the park's 1987 NOI provided a just and reasonable return at that time by presenting evidence as set forth in the administrative rules adopted by resolution of the city council.

C. Fair Return Rent Adjustment. A park owner may rebut the presumption that the increased calculations provided in subsection A of this section and modified calculations provided by subsection B of this section are sufficient to provide a just and reasonable return by presenting evidence that the rate of return being earned by the mobilehome park is not just and reasonable as set forth in the administrative rules adopted by resolution of the city council. The park owner shall have the burden of proving the park is not earning a just and reasonable return.

D. Resident Meeting. The city encourages the park owner to meet with the residents prior to a park owner's submittal of an application for a special rent adjustment pursuant to subsections A, B and/or C of this section, in order to facilitate ongoing dialogue and communication between the park owner and park residents regarding the need for and basis of a proposed special rent adjustment, and to allow the park owner and park residents an opportunity to resolve any issues and disputes prior to the park owner filing its special rent adjustment application. Suggested 07/28/2025 City Council Agenda
21 237

procedures for use by park owners and residents for resident meetings are set out in the administrative rules adopted by resolution of the city council.

E. Rent Adjustment Based on Voluntary Meet and Confer. The city encourages park owners and park residents to voluntarily meet and confer in good faith in order to reach agreement on a proposed MNOI rent adjustment under subsection A or an MNOI rent adjustment based on a readjusted Base Year NOI under subsection B. Any such negotiated special rent adjustment shall be subject to all of the following requirements:

1. A special rent adjustment negotiated pursuant to a meet and confer shall not be effective unless consented to by at least fifty-one (51) percent of the regulated spaces in the park, and approved by the rent administrator, pursuant to the administrative rules adopted by resolution of the city council.

2. The special rent adjustment must be based upon an MNOI methodology, or MNOI based on a readjusted Base Year NOI, as provided in subsection A or B and the administrative rules.

Costs associated with capital improvements shall be excluded.

3. The decision of the rent administrator on whether to approve a special rent adjustment pursuant to this subdivision shall be final and not subject to any public hearing before or appeal to the hearing officer. The provisions of subsection G of this section and Sections 15.20.105 and

15.20.110 shall not apply.

F. Nonretaliation. The city encourages park owners and residents to engage in the special rent adjustment procedures, including, but not limited to, resident meetings and meet and confer, without any fear of retaliation and in the spirit of cooperation.

G. An application filed under this section shall be reviewed and processed in accordance with Section 15.20.105 and the administrative rules established by resolution of the city council. The rent administrator shall have thirty (30) days in which to determine whether a maintenance of net operating income (MNOI) rent adjustment, rent adjustment based on a readjusted base year NOI, or fair return adjustment application filed under subsections A, B, and/or C, is complete in accordance with Section 15.20.105 and the administrative rules established by resolution of the city council. Hearings on applications shall be conducted in accordance with Section 15.20.110 and the administrative rules adopted by resolution of the city council. (Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 390 §§ 5, 6, 2020; Ord. 311 § 7, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994)

15.20.105 Complete applications.

with an electronic copy of the complete application or appeal, must be provided to the city in order for the application to be deemed complete by staff. All information and documentation submitted shall be paginated, labeled and correlated to the specific section, question or item of the city - approved form to which the information and/or documentation pertains. If an applicant or appellant fails or refuses to provide all required information or documentation in accordance with the format of the city -approved forms and these rules, or to pay the required filing fee, the rent administrator is authorized to deem the application or appeal incomplete. At the time the application or appeal is filed, the applicant or appellant shall also post in three conspicuous places in the park, a notice and a complete copy of the application or appeal. The notice shall be in accordance with the city - approved form and shall advise the park residents or park owner that an application or appeal has been filed with the rent administrator. The park owner shall maintain the copies of the notice and application or appeal in each location in the park for review and inspection by the residents as required by the administrative rules, until the city has issued a final decision on the application or appeal. The applicant or appellant shall also provide any resident representative or park owner with any copies of the complete application, as required by the administrative rules adopted pursuant to this chapter.

B. Upon receipt of an application or appeal, the rent administrator shall determine whether the application or appeal is complete. Within thirty (30) days of receipt of the application or appeal, the rent administrator shall mail written notice to the applicant or appellant advising him or her whether the application or appeal is complete. If the rent administrator determines that the application or appeal is complete, the rent administrator shall also mail written notice to the affected residents or park owner advising them that a complete application or appeal has been filed and that they have the right to submit opposition to the application or appeal pursuant to subsection E. A copy of the application or appeal and the notice to the applicant shall also be concurrently mailed to the park residents' representative.

C. If the rent administrator determines that an application or appeal is incomplete, the rent administrator's written notification to the applicant or appellant shall include an explanation of the deficiencies, and the deadline by which the applicant or appellant must submit the additional documentation or information or filing fee necessary for the rent administrator to find that the application or appeal is complete. If the applicant or appellant fails to submit the additional information or documentation, or pay the required filing fee, to the city by the deadline, the rent administrator shall notify the applicant or appellant in writing that he or she has no more than an additional thirty (30) days to submit the information and documentation or pay the required filing fee necessary to deem the application complete. The rent administrator will also notify the applicant or appellant that failure or refusal to submit the necessary information and/or documentation by the stated deadline may impact the hearing officer's decision on whether the applicant or appellant met his or her burden of proof that he or she is entitled to any rent adjustment or the particular rent adjustment sought by the applicant; and that the application or appeal will not be set for hearing before the hearing officer until payment of the required filing fee.

subsection C, the rent administrator shall provide written notice to the applicant or appellant that the application will be set for hearing on the merits, but that the hearing shall not constitute any determination by the city that the application or appeal is complete, or that the applicant or appellant met his or her burden of proof that he or she is entitled to a rent adjustment under this section. The rent administrator shall also mail a copy of the notice to the affected residents and their resident representative or park owner along with the notice advising them of their right to submit opposition to the application or appeal pursuant to subsection E.

1. An application or appeal shall not be deemed complete until the applicant pays the filing fee. If the application or appeal is incomplete due to the applicant's or appellant's failure to pay the filing fee and/or any required hearing deposit, the written notice shall inform the applicant or appellant that the application or appeal is incomplete and that the application or appeal will not be set for hearing until the filing fee and/or hearing deposit has been paid.

E. Written notice of the application or appeal shall be mailed by the rent administrator to the affected residents or park owner on the date on which it is determined to be either complete or incomplete.

1. If the rent administrator deemed the application or appeal complete, the notice shall inform the affected residents or park owner of the right to submit written documentary and photographic responses to the application or appeal to the rent administrator within twenty (20) days of the date notice of the application is mailed by the city. The affected residents or park owner shall provide the applicant or appellant with copies of any response or opposition in accordance with the requirements of the administrative rules adopted pursuant to this chapter. One copy of the application shall be furnished to the resident representative of the affected residents by the rent administrator together with the notice of the application.

2. If the rent administrator deemed the application or appeal incomplete following the failure or refusal of the applicant or appellant to submit all necessary information or documentation by the final deadline imposed pursuant to subsection C of this section, the rent administrator shall mail written notice of the incomplete application or appeal to either the residents or park owner on the date that the rent administrator issued his or her final notification to the applicant or appellant that the application or appeal is incomplete. The notice shall inform the affected residents or park owner of the right to submit written documentary and photographic responses to the application or appeal to the rent administrator within twenty (20) days of the date notice of the application is mailed by the city. The affected residents or park owner shall provide the applicant or appellant with copies of any response or opposition in accordance with the requirements of the administrative rules adopted pursuant to this chapter. One copy of the application shall be furnished to the resident representative of the affected residents by the rent administrator together with the notice of the application.

(Ord, 458 §1, 2025; Ord. 422 §1, 2023; Ord. 390 § 7, 2020; Ord. 315 § 2, 2012; Ord. 311 § 8, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994)

15.20.110 Hearing procedures.

Hearings on rent adjustment applications filed under Section 15.20.090 or 15.20.100(A), (B) and/or (C), or hearings on appeals to the hearing officer from a rent administrator decision on an application under Section 15.20.085, shall be processed, heard and determined in accordance with this section.

A. A hearing before the hearing officer shall be held: (i) not later than sixty (60) days from the date on which the rent administrator determines the application or appeal is complete; or (ii) not later than sixty (60) days from the final thirty (30) day deadline by which the applicant or appellant must submit additional information or documentation to the city in order for the rent administrator to find that the application or appeal is complete, as provided in Section 15.20.105.

If the applicant or appellant fails to pay the required filing fee, the application or appeal shall not be set for hearing until the filing fee has been paid.

B. The hearing officer shall render its decision in writing, including findings of fact: (i) within seventy-five (75) days after the date that the rent administrator determines that an application or appeal is complete; or (ii) not later than seventy-five (75) days from the final thirty (30) day deadline by which the applicant must submit additional information or documentation to the city in order for the rent administrator to find that the application or appeal is complete, as provided in Section 15.20.105.

C. Any decision of the hearing officer shall be final.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 390 § 8, 2020; Ord. 311 § 9, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994) ??Do we need this?15.20.116 Recovery of application costs in connection with successful approval of a rent adjustment application to the hearing officer.

A. 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 07/28/2025 City Council Agenda
25 241

interest, following issuance of the 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.

B. The procedures, factors and methodology for submittal of applications and consideration by the hearing officer shall be set forth in the administrative rules adopted by resolution of the city council.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 368 § 5, 2017; Ord. 311 § 11, 2011)

15.20.120 Rules and guidelines.

The rent administrator may adopt rules and procedures to implement the applications, notices, registration, verification and certification required by this chapter, and for the review of rent increase applications and the conduct of hearings. Such rules and guidelines shall be submitted to the city council for review and approval.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 193 § 13, 1999; Ord. 161 § 11, 1996; Ord. 126 § 11, 1994)

15.20.130 Remedies.

B. Any person violating any of the provisions of this chapter shall be guilty of an infraction and shall be punishable by a fine of not more than five hundred dollars ($500.00). Each violation of this chapter and each day during which any such violation is committed or continued shall constitute a separate offense.

C. The city council may institute a civil action to compel compliance with this chapter.

D. Any legal challenge to a final decision of the rent administrator on an annual adjustment under Section 15.20.080 must be filed within ninety (90) days of the date of service of the rent administrator's written decision and affidavit of mailing pursuant to California Code of Civil Procedure Section 1094.6 as now in effect or subsequently amended.

E. Any legal challenge to a final decision of the hearing officer granting, denying or modifying a rent adjustment under this chapter must be filed within ninety (90) days of the date of service of the hearing officer's written decision and affidavit of mailings, pursuant to California Code of Civil Procedure Section 1094.6 as now in effect or subsequently amended. The hearing officer's written decision shall be final upon the date that the rent administrator mails a copy of hearing officer's written determination and affidavit of mailing to the park owner and park residents.

F. Conflicts between the administrative rules and rules adopted pursuant to this chapter shall be resolved in favor of this chapter.
07/28/2025 City Council Agenda
26 242

(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 311 §§ 12, 13, 2011; Ord. 255 § 17, 2007; Ord. 193 § 14, 1999; Ord. 161 § 12, 1996; Ord. 126 § 12, 1994)

15.20.140 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 representative, posted pursuant to Section 15.20.060) and advertised once in the local legally adjudicated newspaper.
(Ord. 458 §1, 2025; Ord. 422 §1, 2023; Ord. 413 § 10, 2022; Ord. 193 § 15, 1999; Ord. 170 § 4, 1997; Ord. 161 § 13, 1996; Ord. 126 § 13, 1994)
Section 2. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 3. CEQA.

The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

Section 4. Effective Date.

This Ordinance shall be effective the 31 S` day following its adoption by the City Council. \\
\\
07/28/2025 City Council Agenda
27 243

Section 5. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this day of , 2025.

Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:

Ana V. Sauseda, MMC Steven Pacifico, City Attorney
Director of General Services/City Clerk
07/28/2025 City Council Agenda
28 244

ATTACHMENT 2
07/28/2025 City Council Agenda
245

RESOLUTION NO. 2025-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, RESCINDING RESOLUTION NO. 2024-56, AND

ESTABLISHING THE ADMINISTRATIVE RULES FOR THE

IMPLEMENTATION OF THE YUCAIPA MOBILEHOME RENT

STABILIZATION ORDINANCE
WHEREAS, the City Council of the City of Yucaipa has adopted a Mobilehome Rent Stabilization Ordinance codified in Chapter 15.20 of Title 15 of the Yucaipa Municipal Code (YMC); and
WHEREAS, the City Council has adopted Administrative Rules for the implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance; and WHEREAS, this Resolution and any amendment hereto, establish the Administrative Rules (Exhibit "A") for the implementation of Chapter 15.20 of the YMC; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et. seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Resolution constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)).

Therefore, because it is not a "project," this Resolution is not subject to CEQA's requirements.

Further, even if this Resolution were deemed a "project" and therefore subject to CEQA, the Resolution would be covered by the general rule that CEQA applies only to project that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Resolution does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Resolution is not subject to CEQA. (Guidelines Section 15061(b)(3)).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are all true and correct.

Section 2. Resolution No. 2024-56 is hereby rescinded.

Section 3. The City Council hereby adopts the "Administrative Rules" attached hereto as Exhibit "A".
07/28/2025 City Council Agenda
246

Section 4. This Resolution shall be effective the 31' day following its adoption by the City Council.

PASSED, APPROVED, and ADOPTED this 28th day of July, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
07/28/2025 City Council Agenda
247

EXHIBIT "A"
to
Resolution No. 2025-44

ADMINISTRATIVE
RULES

FOR THE IMPLEMENTATION

OF THE YUCAIPA MOBILEHOME

RENT STABILIZATION ORDINANCE
(YMC 15.20)
Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda
248

Legislative History
Resolution No. 1991-06 (Establishing Fees and Charges) (1/14/91) Resolution No. 1991-62 (Adopting Rules) (8/12/91)
Resolution No. 1991-72 (Rescinding Resolution No. 1991-62) (9/23/91) Resolution No. 1994-25 (Rescinding Resolution No. 1991-72) (7/25/94) Resolution No. 1996-07 (Rescinding Resolution No. 1991-06) (3/25/96) Resolution No. 1996-24 (Rescinding Resolution No. 1996-07) (6/24/96) Resolution No. 1996-34 (Rescinding Resolution No. 1994-25) (10/28/96) Resolution No. 1996-38 (Rescinding Resolution No. 1996-24) (10/28/96) Resolution No. 1997-18 (Rescinding Resolution No. 1996-34) (9/22/97) Resolution No. 1999-26 (Rescinding Resolution No. 1997-18) (11/8/99) Resolution No. 1999-33 (Rescinding Resolution No. 1996-38) (11/8/99) Resolution No. 2001-32 (Rescinding Resolution No. 1999-33) (10/22/01) Resolution No. 2001-35 (Amending Resolution No. 1999-26 Section 2.0002) (11/26/01) Resolution No. 2002-04 (Rescinding Resolution No. 1999-26 and 2001-35) (1/28/02) Resolution No. 2003-40 (Rescinding Resolution No. 2002-04) (11/24/03) Resolution No. 2006-39 (Amending Resolution No. 2001-32 Section 1 and Resolution (9/25/06) No. 2003-40 Section 2.0008 (A)(B)(C))
Resolution No. 2007-03 (Repealing Resolution No. 2001-32 and (1/22/07) Replacing/Consolidating Resolution Nos. 2003-40 and 2006-39) Resolution No. 2007-43 (Amending Resolution No. 2007-03 Section 2.0007 (9/10/07) (B)(C)(D))
Resolution No. 2008-42 (Rescinding Resolution No. 2007-43 and Amending (9/8/08) Resolution No. 2007-03 Section 2.0007 (B)(C)(D))
Resolution No. 2009-48 (Rescinding Resolution No. 2008-42 and Amending (9/28/09) Resolution No. 2007-03 Section 2.0007(B)(C)(D))
Resolution No. 2010-44 (Rescinding Resolution No. 2009-48 and Amending (9/13/10) Resolution No. 2007-03 Section 2.0007(B)(C)(D))
Resolution No. 2011-52 (Replacing and Consolidating Resolution Nos. 2007-03 and (8/8/11) 2010-44)
Resolution No. 2011-60 (Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D)) (9/26/11) Resolution No. 2012-02 (Amending Resolution No. 2011-52 Sections 6.0003(G), (1/9/12)

7.0003(B), 7.0005(C), 7.0006(A) and (C)) (to correct inconsistencies) Resolution No. 2012-58 (Amending Resolution No. 2011-60 Section 2.0007(B)(C)(D)) (9/10/12) Resolution No. 2013-50 (Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D)) (9/16/13) Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda
249

Resolution No. 2014-55 (Rescinding Resolution No. 2013-50 and Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2015-52 (Rescinding Resolution No. 2014-55 and Amending Resolution No. 2011-52 Section 2.0007 (B)(C)(D))
Resolution No. 2016-44 (Amending Resolution No. 2011-52, Adding Section 5.0010; renumbering Section 5.0010 as 5.0011, and amending Sections 6.0004(E)(1) and

6.0004(G) (Effective 10/26/16)
Resolution No. 2016-45 (Rescinding Resolution No. 2015-52 and Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2017-41 (Rescinding Resolution No. 2016-45 and Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2017-48 (Amending Resolution No. 2011-52 Sections 3.0001(b)(3),

4.0006(g), 6.0002(b), and 6.0004(b)(10)
Resolution No. 2018-43 (Rescinding Resolution No. 2017-41 and Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2019-04 (Amending Resolution No. 2011-52, Sections 3.0001, 3.0002, and 4.0003(H)(4)
Resolution No. 2019-34 (Rescinding Resolution No. 2018-43 and Amending Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2020-10 (Amending Resolution No. 2011-52, Sections 1.0008, 3.0001,

4.0002, 4.0006 and 7.0004)
Resolution No. 2020-17 (Amending Resolution No. 2011-52 Section 3.0001) Resolution No. 2020-56 (Amending Resolution No. 2011-52 Section

2.0007(B)(C)(D))
Resolution No. 2020-67 (Amending Resolution No. 2011-52, Sections 2.0005(B)(5) and 3.0001)
Resolution No. 2021-52 (Amending Resolution No. 2011-52 Section

2.0007(B)(C)(D))
Resolution No. 2022-43 (Amending Resolution No. 2011-52, Sections 2.0001,

2.0003, 2.0004, 2.0005 and 3.0001.

Resolution No. 2023-36 (Replacing and Consolidating Resolution Nos. 2011-52, 2011- 90, 2012-02, 2012-58, 2013-50, 2016-44, 2017-48, 2019-04, 2019-34, 2020-10, 2020- 17, 2020-56, 2020-67, 2021-52 and 2022-43)
Resolution No. 2023-47 (Rescinding Resolution No. 2023-36, Establishing the Administrative Rules and 2024 Annual Registration Fee)
Resolution No. 2024-56 (Rescinding Resolution No. 2023-47, Establishing the Administrative Rules and 2025 Annual Registration Fee)
(9/8/14)
(9/14/15)
(9/12/16)
(9/26/16)
(9/11/2017)
(11/13/2017)
(9/10/2018)
(3/11/2019)
(8/26/2019)
(5/13/2020)
(4/13/2020)
(9/14/2020)
(11/9/2020)
(9/13/2021)
(10/12/2022)
(7/24/2023)
(09/25/23)
(09/09/24)
Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda
250

Resolution No. 2025-44 (Rescinding Resolution No. 2024-56, Establishing the Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance)
(07/28/2025)
Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda
251

TABLE OF CONTENTS
CHAPTER 1. HEARING PROCESS 1

1.0001. HEARING OFFICER MEETINGS 1

1.0002. ADJOURNED MEETINGS 1

1.0003. MEETINGS TO BE PUBLIC 1

1.0004. MEETING AGENDA 1

1.0005. ADDRESSING THE HEARING OFFICER 3

1.0006. RULES OF DECORUM 3

1.0007. PUBLIC HEARINGS 4

1.0008. APPEAL TO HEARING OFFICER 7

1.0009. INTERPRETATION AND MODIFICATION OF ADMINISTRATIVE RULES 8 CHAPTER 2. REGISTRATION 8

2.0001. PURPOSE 8

2.0002. SWORN AFFIDAVIT OR DECLARATION 8

2.0003. LEASED SPACES 8

2.0004. SUBMISSION OF COMPLETE INFORMATION REQUIRED 9

2.0005. TIMES WHEN REGISTRATION IS REQUIRED; REGISTRATION CONTENTS 9

2.0006. DELINQUENT REGISTRATION 10

2.0007. REGISTRATION FEES 10

2.0008. DELINQUENT REGISTRATION FEES 10
CHAPTER 3. ANNUAL ADJUSTMENT BASED ON THE CPI 11

3.0001. ANNUAL ADJUSTMENT BASED ON THE CPI 11

3.0002. CONSUMER PRICE INDEX (CPI). 14
CHAPTER 4. RENT INCREASES BY APPLICATION TO THE HEARING OFFICER 15

4.0001. FAIR RETURN 15

4.0002. RENT ADJUSTMENT FORMS AND DETERMINATION OF COMPLETENESS 15

4.0003. MAINTENANCE OF NET OPERATING INCOME (MNOI) APPLICATION 19

4.0004. ADJUSTMENT TO 1987 NOI 26

4.0005. FAIR RETURN PROVISION 27

4.0006. SPECIAL RENT ADJUSTMENT BASED ON VOLUNTARY MEET AND CONFER AND CONFIDENTIAL BALLOT 27

4.0007 ALLOWABLE RENT ADJUSTMENTS AND APPLICATIONS FOLLOWING MNOI ADJUSTMENTS 33
CHAPTER 5. ADJUSTMENTS BASED ON CAPITAL IMPROVEMENTS 33 Mobilehome Park Administrative Rules. Resolution No. 2025-44 07/28/2025 City Council Agenda
252

5.0001. DEFINITIONS 33

5.0002. APPLICATION FEES 34

5.0003. CALCULATION OF ALLOWABLE INCREASES 34

5.0004. AMORTIZATION 34

5.0005. COST OF THE CAPITAL IMPROVEMENT 36

5.0006. IMPROVEMENTS NECESSARY FOR HEALTH AND SAFETY 36

5.0007. EMERGENCY CAPITAL IMPROVEMENTS 37

5.0008. SPECIAL RENT ADJUSTMENT APPLICATION 40

5.0009. IMPROVEMENTS UNNECESSARILY DEFERRED 42

5.0010. CERTIFICATION OF CAPITAL IMPROVEMENTS 42

5.0011. APPLICABILITY OF THESE ADMINISTRATIVE RULES. (Renumbered 5.0010 as

5.0011) 43
CHAPTER 6. TEMPORARY RENT ADJUSTMENT FOR SPECIAL RENT ADJUSTMENT APPLICATION AND HEARING COSTS INCURRED BEFORE THE HEARING OFFICER 43

6.0001. SCOPE 43

6.0002. ELIGIBILITY AND BURDEN OF PROOF 43

6.0003. DEFINITIONS 44

6.0004. PROCEDURES 44
CHAPTER 7. RENT ADJUSTMENT BASED ON DISCONTINUANCE OR REDUCTION OF A SERVICE OR AMENITY 47

7.0001. PURPOSE AND SCOPE 47

7.0002. BURDEN OF PROOF 48

7.0003. DEFINITIONS 48

7.0004. GENERAL APPLICATION REQUIREMENTS 49

7.0005. PARK RESIDENT APPLICATION FOR RENT DECREASE 49

7.0006. PARK OWNER APPLICATION FOR A RENT DECREASE 53

7.0007. RENT ADMINISTRATOR REVIEW 56

7.0008. PROCEEDINGS 56

7.0009. CHAPTER 7 — SCHEDULE A - DE MINIMIS CONDITIONS 57 Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda
253

CHAPTER 1. HEARING PROCESS

1.0001. HEARING OFFICER MEETINGS
Hearing Officer hearings may be called at any time by the Rent Administrator ("RA"), or the Hearing Officer appointed by the City, to hear applications for special rent adjustments, rent reductions based on reduction or elimination of services or amenities, or appeal of the RA decision on the merits of a capital improvement rent adjustment or emergency capital improvement rent adj ustment.

1.0002. ADJOURNED MEETINGS
The Hearing Officer may adjourn any hearing to a date, time and place specified in the order of adj ournment.

If Hearing Officer is absent from any special hearing, the RA may declare the hearing adjourned to a stated time and place, and he/she shall cause a written notice of the adjournment to be given in the same manner as provided for special hearings.

A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the hearing was held within twenty-four (24) hours after the time of the adj ournment.

1.0003. MEETINGS TO BE PUBLIC
All hearings of the hearing officer shall be open to the public.

1.0004. MEETING AGENDA
The agenda shall be prepared in accordance with the following rules:

A. As used in these Rules, the term "agenda' means all staff reports, communications, resolutions, contract documents, proposals, expert reports, applications, oppositions, appeals, and other documents or matters to be submitted to the hearing officer at a hearing. Except as otherwise provided in Subsection (B) and (C), below, or Section 1.0007 of these Administrative Rules, concerning public hearing items, all agendas shall be delivered to the RA not later than 12:00 noon on the day which is fourteen (14) days preceding a Special hearing (excluding the day of the hearing).

Except as otherwise provided in Subsections (B) and (C), below, concerning public hearing items, the Agenda shall be delivered to the Hearing Officer on the sixth (6th) calendar day preceding the hearing to which it pertains (excluding the day of the hearing), and shall be made available to the public after submission to the Hearing Officer.

B. All applications for any capital improvement adjustments (pursuant to YMC Section 15.20.085), any rent adjustment based on discontinuance or reduction in a service or amenity (YMC Section 15.20.090), or any MNOI, readjustment to base year NOI, and/or fair return rent adjustment (YMC Section 15.20.100), shall be submitted to the RA in accordance with requirements of Chapter 15.20 of the Yucaipa Municipal Code (YMC) — Rent Stabilization Program and these Administrative Rules.

Page 1 ends

254
Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

As used herein, the term "application" shall have the meaning set forth in Section

4.0002(A)(1)(a) of these Rules. The applicant shall submit at least one copy of each such application to the City, along with an electronic copy (jpeg or pdf format). Concurrently with the filing of the application with the City, the applicant shall post a notice of the filing of the application, along with a copy of the application, in each of the following locations in the park for review and inspection by the park residents: the park office, the park clubhouse, and one other park location open to the residents during regular business hours. The notice shall contain all information and certification required by the City -approved notice form. The park owner shall maintain the notices and copies of the application (including but not limited to, any supplemental or additional information and documentation submitted to the City following the initial submittal of the application) in those designated locations for review and inspection by the park residents until the City has issued a final decision on the application. The park owner shall also serve one copy of the application on the park resident representative. The application shall include an affidavit or declaration, signed by the applicant under penalty of perjury, certifying that such service and posting have been made and that the representations and information set forth in the application are true and correct. The affidavit or declaration shall provide all information and certifications required by the City -approved form.

C. All oppositions to any application for any capital improvement adjustments (pursuant to YMC Section 15.20.085), any rent adjustment based on discontinuance or reduction in a service or amenity (YMC Section 15.20.090), or any MNOI, readjustment to base year NOI and/or fair return rent adjustment (YMC Section 15.20.100), shall be submitted to the RA in accordance with the requirements of Chapter 15.20 of the Yucaipa Municipal Code (YMC) — Mobilehome Park Rent Stabilization Program and these Administrative Rules.

1. As used herein, the term "opposition" shall have the meaning set forth in Section

4.0002(A)(1)(c) of these Rules.

2. Oppositions to rent adjustment applications shall be submitted in accordance with the following time requirements:
a. Any person wishing to submit any written opposition to an application for a capital improvement rent adjustment under YMC Section 15.20.085 or a special rent adjustment under YMC Section 15.20.100 shall submit at least one copy of such written opposition, along with an electronic copy (jpeg or pdf format), to the RA and one copy to the applicant in accordance with the following deadlines:
(i) Not later than the twentieth (20th) day following service of the notice from the RA that the application has been declared complete by the RA, or (ii) Not later than the twentieth (20th) day following notice from the RA that the park owner will not submit any additional information or documentation to enable the RA to deem the application complete.
b. Any person wishing to submit any written opposition to an application for a rent decrease under YMC Section 15.20.090 shall submit at least one copy of such written opposition, along with an electronic copy (jpeg or pdf format), to the RA and one copy to the applicant, in accordance with the following deadlines:

Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 2 ends

255

(i) Not later than the thirtieth (30th) day following service of the notice from the RA that the application has been declared complete by the RA, or (ii) Not later than the thirtieth (30th) day following service of notice from the RA that the park owner will not submit any additional information or documentation to enable the RA to deem the application complete.
c. The failure or inability of any person to submit the opposition within the time periods specified in subparagraph (a) or (b) of this subsection (2) shall not prejudice said person's right to represent the opposition to the Hearing Officer during the actual hearing on the application, and the Hearing Officer may, in his/her discretion, allow the submission of such opposition at the time of the hearing on the application. Such written opposition shall be personally served or mailed to the applicant or the applicant's local representative no later than the same day as the filing of the written opposition to the RA, along with an affidavit or declaration, signed under penalty of perjury and containing all information and certifications required by the City -approved form, certifying such service has been made and that all representations set forth in the opposition are true and correct.

1.0005. ADDRESSING THE HEARING OFFICER
The following rules, in addition to those set out in Section 1.0007, "Public Hearings," shall govern public testimony before the Hearing Officer.

A. Manner of addressing the Hearing Officer. Each person desiring to address the Hearing Officer shall state his/her name and address for the record, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons.

Presentation time shall be defined by the Hearing Officer. All discussion shall be addressed to the Hearing Officer. No question shall be asked of City staff without the permission of the Hearing Officer.

B. Group Spokesperson. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Hearing Officer on the same subject matter, it shall be proper for the Hearing Officer to request that a spokesperson be chosen by the group to address the Hearing Officer and, if additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Hearing Officer.

C. After public hearing closed. After a public hearing has been closed, no member of the public shall address the Hearing Officer from the audience on the matter under consideration without first securing permission to do so by the Hearing Officer.

D. Continuance of hearings. Any hearing being held or noticed or ordered to be held by the Hearing Officer or RA at any hearing of the Hearing Officer may, by order or notice of continuance, be continued or re -continued to any subsequent hearing in the manner provided herein for adjourned hearings; provided that if the hearing is continued to a time less than twenty- four (24) hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the hearing at which the order or notice of continuance was made.

1.0006. RULES OF DECORUM
Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 3 07/28/2025 City Council Agenda
256

A. Hearing Officer. While the hearing is in session, the Hearing Officer must preserve order and decorum.

B. Employees. Members of the administrative staff and employees of the City shall observe the same rules of order and decorum as instructed by the Hearing Officer. Any staff member desiring to address the Hearing Officer or members of the public shall first be recognized by the Hearing Officer. All remarks shall be addressed to the Hearing Officer and not to any member of the public.

C. Addressing the Hearing Officer. Any person making impertinent, slanderous, or profane remarks or who become boisterous while addressing the Hearing Officer shall be called to order by the Hearing Officer and, if such conduct continues, may at the discretion of the Hearing Officer be ordered barred from further addressing the Hearing Officer during the hearing or ordered to leave the hearing.

D. Members of the audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations which disturb the peace and order of the hearing, or who refuses to comply with the lawful orders of the Hearing Officer, shall upon instructions of the Hearing Officer, be removed from the hearing room.

1.0007. PUBLIC HEARINGS
The following procedural rules shall apply to all public hearings before the Hearing Officer. All other requirements of these Administrative Rules shall apply to such public hearings, where not inconsistent with the provisions of the Section. As used herein, the term "public hearing" shall include all hearings on application for capital improvement adjustments based on appeal of the RA decision, reduction or decreases in services or amenities adjustments, net operating income adjustments and fair return adjustments.

A. Duties of Hearing Officer. The Hearing Officer shall have the authority to:

1. Administer oaths and affirmations.

2. Rule on offers of proof and receive relevant evidence.

3. Announce all decisions of the Hearing Officer on all subjects and control the course of the hearing.

4. Rule on procedural requests.

5. Take such other actions as are authorized by the YMC, these Administrative Rules, and any other duly adopted ordinances, resolutions, rules and regulations by the City Council and/or the Commission pursuant to the YMC.

The functions of the Hearing Officer shall be performed in an impartial manner.

B. Duties of Rent Administrator. The RA shall have the authority under YMC Sections 15.20.073, 15.20.080, 15.20.085, 15.20.090, 15.20.100, 15.20.105, 15.20.110, and

15.20.120, to:

1. Evaluate applications and appeals to determine whether they are complete as required by YMC Chapter 15.20 and these Administrative Rules.

2. Require submittal of additional documentation by applicants and appellants as determined to be necessary to deem an application or appeal complete.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 4 07/28/2025 City Council Agenda
257

3. Make recommendations to the Hearing Officer regarding the analysis and merits of rent adjustment applications.

4. Schedule hearings before the Hearing Officer on the merits of an application.

5. Schedule appeal hearings before the Hearing Officer following issuance of the decision of the RA on an appeal pursuant to the Ordinance and these Rules.

6. Make recommendations to the Hearing Officer on any rent adjustment application or appeal.

7. Develop forms, procedures and policies for administration and implementation of the Ordinance to the extent not otherwise covered by these Administrative Rules.

8. Upon receiving the Hearing Officer's written decision, mail, by first class mail, postage prepaid, a copy of the Hearing Officer resolution to the park owner and park residents, and any duly authorized representative(s), along with an affidavit of mailing.

9. Take such other actions as reasonably necessary to implement and administer the Ordinance and Administrative Rules.

C. Legal Counsel Representation and Participation under YMC Sections 15.20.085,

15.20.090, and 15.20.100.

1. All parties may be, but are not required to be, represented by legal counsel.

2. The RA, in the case of any application before the Hearing Officer, will be assisted and advised by experts and legal counsel. However, experts and legal counsel representing the RA shall not communicate with the Hearing Officer concerning the application under consideration, except concerning procedural matters, such as the dates and locations of public hearings, and except during the public hearing.

D. Rules of Evidence.

1. The Hearing Officer and representatives of the City staff, representatives of the applicant, representatives of the residents of the applicant mobilehome park, and any other interested person, party or entity, shall have these rights: to call and examine witnesses; to introduce exhibits; to discuss evidence directly with the Hearing Officer without an attorney; to cross-examine opposing witnesses on any matter relevant to the issues contained in the application even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against him/her.

2. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant and credible evidence, as defined in these Administrative Rules shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in and of itself to support a finding unless it would be admissible over objections in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. The evidence received shall be relevant to the specific rental adjustment, which is the subject of the application, as provided in Subsections (3) through (8), below.

3. Notwithstanding the provisions of Subsection (2) above, all evidence in the form of testimony and written documents pertaining to any application being considered at the public Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 5 07/28/2025 City Council Agenda
258

hearing must be relevant to determine whether an applicant is entitled to an increase or decrease in rents pursuant to the capital improvement, reduction or decrease in services or amenities, net operating income or fair return adjustment provisions of the YMC and these Administrative Rules, pursuant to which the application seeks a modification to rents.

4. The Hearing Officer has the right and responsibility to rule on the admissibility and relevancy of all evidence, whether it be in the form of oral testimony or written documents, 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

5. Except as provided elsewhere in these Administrative Rules, or as provided in the YMC, the Hearing Officer shall hear all offered testimony and receive all offered documentary evidence relevant to determine whether the particular application (capital improvement, reduction or decrease in services or amenities, net operating income or fair return adjustment) shall be granted under the YMC and these Administrative Rules.

6. Submission of Evidence Not Previously Reviewed by Staff. All applicants for capital improvement, reduction or decrease in services or amenities, net operating income or fair return adjustments shall comply with the time deadlines set forth in Section 1.0004 and any other provision of these Administrative Rules concerning the submission of any documents and other written evidence in support of or in opposition to any application. The Hearing Officer shall not accept as evidence written or documentary materials that were not submitted within the timelines specified in the YMC and these Administrative Rules unless good cause is shown why the materials could not have been submitted earlier. If the Hearing Officer determines that good cause has been shown, the materials shall be accepted. If good cause is not shown, the materials will become part of the official record but will not be considered by the Hearing Officer. Any such materials that are accepted shall be provided to all parties and a recess shall be called to allow the opposing party or parties and the Hearing Officer time to review the new materials. If the new materials that are accepted are extensive or if the Hearing Officer determines the opposing party would be prejudiced unless allowed time to analyze the new materials and prepare a response, the hearing shall be continued. Nothing in this Subsection shall preclude oral testimony by any person at the hearing on any application.

7. Requests for Production of Evidence. The Hearing Officer or RA may request the attendance of witnesses and/or the production of books or other documents by proponents, opponents or their interested parties during the course of the hearing or any other matter pending before the Hearing Officer (including at any point in time after an application has been filed) if:
(a) the evidence sought would be helpful or necessary to the Hearing Officer' s determination as to whether the applicant is entitled to the relief requested; or (b) the evidence would be helpful or necessary to the Hearing Officer's exercise of his/her powers or duties.

If any evidence requested by the Hearing Officer or RA is not available at the time of the hearing or other proceeding before the Hearing Officer, the hearing or other proceeding may be continued pursuant to Section 1.0007(D) to allow time for the production of evidence or witnesses sought.

E. Adjournment Continuances. Any hearing being held, noticed, or ordered to be held by the Hearing Officer may be adjourned or continued to another date and time upon the consent of the applicant and the opponents, or upon a finding of good cause by the Hearing Officer.

Notice of adjournment or continuance shall be posted in conformity with Government Code Sections 54955 and 54955.1; provided that, if the hearing is continued to a time less than twenty- Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 6 07/28/2025 City Council Agenda
259

four (24) hours after the time specified in the order of hearing, a copy of the order or notice of continuance shall be posted outside the meeting room immediately following the hearing at which the order of continuance was made.

F. Quantum of Proof and Evidentiary Standard. The applicant shall have the burden of proving entitlement to a rent adjustment, and the amount of the rent adjustment sought. The decisions of the Hearing Officer shall be supported by substantial evidence in light of the entire record of the proceedings. Evidence is substantial when it is relevant, credible and reliable and provides enough information, together with the reasonable inferences from that information, to support a conclusion even though other conclusions might also be reached. No decision may be supported solely by hearsay evidence.

G. Decision. The Hearing Officer shall consider all evidence properly presented in accordance with the YMC, these Administrative Rules, and any supplemental rules adopted by the City, and shall articulate, his or her findings of fact, reasoning, and conclusions for his or her decision on all issues, and shall issue a written decision or determination concerning the application. Said decision shall include findings of fact and conclusions based upon those findings of fact. The decision shall include the determination of the maximum allowable rent for each affected mobilehome space.

1.0008. APPEAL TO HEARING OFFICER
A. In reviewing an Appeal of the RA decision on the merits of a capital improvement rent adjustment or emergency capital improvement rent adjustment application, the Hearing Officer shall:

1. Limit his or her review to the record, including the application and supporting documentation that was submitted to the RA and all correspondence. The Hearing Officer may provide guidelines for submission of written briefs, and may (but is not required to) permit limited oral argument on certain issues or all issues decided by the RA;

2. Determine whether, in light of the record, "substantial evidence" exists to support the RA decision;

3. Determine whether the findings set forth in the RA decision that is the subject of the appeal, is supported by the evidence;

4. Determine whether the RA decision was undertaken in accordance with the City's duly enacted Rent Stabilization Ordinance and whether the RA interpretation of the pertinent sections of the YMC was reasonable. If such substantial evidence is found to exist, the Hearing Officer should uphold the decision of the RA. If the RA actions or decisions are found lacking, the Hearing Officer may either decide the matter differently; and

5. Make any further findings and determinations, which the Hearing Officer determines to be reasonable and necessary in deciding the appeal.

B. Final Decision. At the conclusion of the appeal hearing, the Hearing Officer shall issue a Decision setting forth his or her decision in writing, including the basis for its ruling, and referencing the limitations period set forth in California Code of Civil Procedure Section 1094.6.

The decision of the Hearing Officer shall be final on the date that the RA mails, by first-class mail, postage prepaid, a copy of the Hearing Officer's Decision setting forth its findings and decision, along with an affidavit of mailing, to the park owner and affected park residents.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 7 ends

260

C. Processing of Appeals from RA decision. All appeals filed shall comply with the filing and posting requirements of Section 1.0004(B) of these Rules. Oppositions that are filed by any person in response to an appeal, shall comply with the filing and posting requirements of Section 1.0004(C) of these Rules.

D. Application Fee for Appeals. The application fee for appeals to the Hearing Officer of Staff Determinations shall be $1,750.00 per application for appeal. The application fee shall be paid in full to the City as a condition of finding that the application is complete, and no hearing shall be set before the Hearing Officer unless the full application fee has been paid.

1.0009. INTERPRETATION AND MODIFICATION OF ADMINISTRATIVE RULES The Council shall adopt and shall be the sole approving body of these Administrative Rules. Any amendment to these Administrative Rules shall be in the form of a draft resolution prepared by the RA and shall be submitted to the City Council for review and approval.

CHAPTER 2. REGISTRATION

2.0001. PURPOSE
The purpose of mobilehome park registration is to enable the RA to control and monitor rents as mandated by the YMC. Park owner registration will provide the RA with information necessary to facilitate the implementation of the YMC and these Administrative Rules.

2.0002. SWORN AFFIDAVIT OR DECLARATION
All registration forms, and any documentation accompanying any registration forms, shall be complete, and shall contain an affidavit or declaration, signed by the park owner or a designated agent, with his/her signature notarized, certifying that the information contained therein is true, correct, and complete. A designated agent shall either be a principal in a licensed property management company, which is contractually bound to operate and manage the mobilehome park, or an individual (not an on -site manager), who is employed by a property owner for the sole purpose of operating the mobilehome park business. This designated agent will provide a declaration, under penalty of perjury, with the registration form affirming that he/she has a contractual arrangement that gives he/she authority to operate and manage all aspects of the mobilehome park business.

2.0003. CURRENTLY EXEMPT AND PRIOR EXEMPT SPACES
A. Exempted Spaces. In the event a mobilehome park owner believes that his/her park contains any space which is exempt 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 from the rent regulation provisions of YMC Chapter 15.20, he/she may request that the RA review Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 8 ends

261

the terms to determine whether it satisfies the requirements for an exemption from space rent regulation.

B. 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 pursuant to the provisions of 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 determined in accordance with YMC Chapter 15.20, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each 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 Civil Code Sections 798 et seq., YMC Chapter 15.20, and these Rules.

2.0004. SUBMISSION OF COMPLETE INFORMATION REQUIRED
A registration form shall be accepted for filing by the RA only if it contains all information required by the YMC and these Administrative Rules, including but expressly not limited to the required registration fee, affidavit or declaration under penalty of perjury, and all information required by YMC Section 15.20.073 and this chapter. No park owner shall be permitted to apply for any rent adjustment until the RA has accepted the park registration form.

2.0005. TIMES WHEN REGISTRATION IS REQUIRED; REGISTRATION

CONTENTS
Registration is required at the following times:

A. Annual Registration. Annual registration is due no later than the 31 st day of January each year and shall include the items listed in this Subdivision. Except as otherwise expressly provided, the following information shall be provided for all spaces in the park, including but not limited to, month -to -month spaces, leased spaces (exempt and non-exempt), spaces occupied by park -owned mobilehomes, spaces occupied by park managers and/or other employees, rent -to -own spaces, and spaces claimed to be exempt from the Ordinance under any other provision of state law:

1. The rents charged for each space in the park.

2. The services/utilities provided as part of the rent.

3. The services/utilities charged separately from the rent.

4. List of amenities provided in park.

5. The last names of the homeowners/tenants of every space in the park

6. List of spaces claimed to be exempt and non-exempt pursuant to Civil Code Section 798 et seq. or YMC Section 15.20.030 and all information required by Section 2.0003.

7. A registration fee worksheet.

8. Registration fee.

9. Significant maintenance performed in the preceding year.

B. New Lease/ Extended Lease Registration. New leases, and existing leases that are renewed or otherwise extended, shall be governed by YMC Section 15.20.073(C).

Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 9 07/28/2025 City Council Agenda
262

2.0006. DELINQUENT REGISTRATION
A park owner who fails to comply with the registration provisions outlined in these Administrative Rules or YMC Section 15.20.073 shall not be entitled to charge, collect, retain, or apply for any rent increase permitted by the YMC until a determination is made by the RA that the park owner has brought the park into full compliance with the registration provisions outlined in these Administrative Rules and the YMC.

2.0007. REGISTRATION FEES
A. The fee determined in accordance with these Administrative Rules shall accompany any registration form submitted to the City.

B. Initial and Annual Registration. The Yucaipa City Council has established an initial and annual registration fee of $87.12 per space not exempt from the YMC. The total registration fee is due and payable on or before January 31st of each year. One half ($43.56) of this fee may be passed on to residents of those spaces subject to the YMC, in twelve (12) equal monthly installments of $3.63. This fee may be included in the monthly statement of rent due, but must be itemized separately, and shall not be deemed to be a part of the rent or included in the rent base when calculating rent adjustments.

C. Prorated Registration Fees. In the event a space comes under the jurisdiction of the YMC after January 31 st of each year, a prorated registration fee shall be due and payable no later than January 31' of the following year as part of the Annual Registration application. The total prorated registration fee shall be calculated by determining the number of months remaining in the calendar year, including the initial month the space is subject to the YMC, and multiplying that figure by $7.42. The resulting figure is the total prorated registration fee for that space. One half of this fee may be passed onto the resident of said space in equal monthly installments of $3.71.

This fee must be noticed in accordance with the provisions of State law. This fee may be included in the monthly statement of rent due, but must be itemized separately, and shall not be deemed to be a part of the rent or included in the rent.

D. Prorated Registration Fee Refund. In the event a space under the jurisdiction of the YMC becomes exempt as outlined in YMC Section 15.20.030 after January 31st each year, a park owner may apply for a prorated refund at the time of the annual registration. The prorated refund for said space shall be calculated by multiplying the total number of months that the space was exempt by $7.42. The resulting figure may be deducted from the annual registration fee. The park owner may be required to show proof of exemption for any space for which a prorated registration fee refund is requested.

2.0008. DELINQUENT REGISTRATION FEES
A. Penalties. If a park owner fails to pay the required registration fees by January 31 St, he/she shall not pass the registration fees through to the tenants. Once the registration fees are paid, the park owner may commence passing the registration fees through to the tenants in accordance with the provisions of Section 2.0007. Failure to pay the required registration fees by a park owner in a timely manner shall also be considered a failure to register as outlined in Section

2.0006.

B. Waiver of Penalties. A waiver of the penalty for failure to pay the required registration fees may be granted by the RA upon a showing of exceptional circumstances beyond Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 10 07/28/2025 City Council Agenda
263

the control of the park owner, which made it impossible for the registration fees to be made in a timely manner.

CHAPTER 3. ANNUAL ADJUSTMENT BASED ON THE CPI

3.0001. ANNUAL ADJUSTMENT BASED ON THE CPI
A park owner may increase the rent on a mobilehome space once every twelve (12) months pursuant to YMC Section 15.20.080. Application for a rent increase pursuant to this subsection shall be made to the RA and may be for one or more spaces. The RA shall grant the application within twenty (20) days of receipt of a complete application if it complies with this subsection. If the application is incomplete or does not comply with this subsection, the RA shall notify the applicant in writing of the reasons it is incomplete or does not comply with this subsection within twenty (20) days of receipt of the application. The RA's decision approving an Annual Adjustment shall be final upon the date that the RA mails, by first-class mail, postage prepaid, a copy of the RA's decision, along with an affidavit of mailing, to the park owner.

The Annual Adjustment for each calendar year shall be calculated using the increase in the CPI index for the Riverside -San Bernardino -Ontario areas, All Urban Consumers for the preceding twelve-month period ending November. In the event this index is no longer compiled by the BLS, a successor index shall be used.

The RA shall provide the CPI figures and a calculation of the allowable Annual Adjustment to each park owner by February 1 of each year.

A. Application Approval. An application approval for an Annual Adjustment shall be filed on a form provided by the RA and shall include the following information:

1. The name of the park.

2. The date of the last rent increase for each space and the reason for that increase

3. All spaces for which an Annual Adjustment is being requested.

4. The rent currently being charged for each space.

5. Space vacancies pursuant to YMC Section 15.20.050. In the event that the application includes a vacant space upon which there is no mobilehome, pursuant to YMC Section

15.20.050 (B) (based on a "vacancy" as defined in subsection (1), (2), (3), or (8) of YMC Section

15.20.020), the last rent in effect prior to the space becoming vacant, or the last rent authorized by the City pursuant to any prior Annual Adjustment, whichever was approved later, shall be provided in the application. In the event no rent has ever been charged for that vacant space, or the last rent charged is unknown, the application should so indicate. As used in this section 3.0001, the phrase "the last rent charged" shall mean the last rent, which was actually paid by the most recent resident of that space prior to its vacancy.
a. In the event that there is no prior last rent charged for that vacant space, or the rent which was actually paid is unknown, or the park owner otherwise fails to document the last rent charged for the vacant space, the initial base rent to be listed for the vacant space in the application shall be determined using the vacancy adjustment formula set forth in Section

3.0001(H) of these Rules.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 11 07/28/2025 City Council Agenda
264

b. Space rents listed for vacant spaces in the application shall be verified by the RA using information required on, and/or documentation submitted with applicable Schedules of the Annual Registration Application, or the most recent City -approved annual adjustment application, whichever was approved later.
c. The initial base rent for that vacant space as approved by the RA pursuant to subsection (a) shall be used in determining any subsequent rent adjustments authorized under the YMC.

6. Prior Exempt Spaces. In the event that the application for an Annual Adjustment includes a space that was previously exempt from space rent regulation pursuant to Civil Code Section 798 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 regulation, and the date said rent increase was imposed.

7. The amount of the proposed Annual Adjustment.

8. The proposed new rent.

B. Method of Calculation. The Annual Adjustment for each space shall be determined in accordance with the following formula:

1. The prior CPI shall be determined. As determined herein, "Prior CPI" shall mean the CPI used in approving the prior Annual Adjustment or MNOI Adjustment (or in effect on the date of the vacancy adjustment).

2. The current CPI shall be determined. As used herein, "Current CPU' shall mean the CPI most recently available as of the date the application is determined to be complete.

3. The CPI used in the prior Annual Adjustment shall then be subtracted from the current CPI. The resulting difference shall be divided by the prior CPI. The resulting percentage (in decimal form) shall then be multiplied by 100 and presented with up to 2 decimal places as a `%' sign (converting to whole number form). The result or 4%, whichever is less, shall be referred to as the "CPI Increase".

5. For any vacant space (based on a "vacancy" as defined in subsection (1), (2), (3), or (8) of YMC Section 15.20.020, the initial base rent determined using the vacancy adjustment formula set forth in Section 3.0001(H) of these Rules shall be inserted on the Annual Adjustment form as the current rent for the vacant space as of the date of application. The initial base rent shall then be multiplied by the CPI increase determined pursuant to subsections (1) through (3) of this Subsection B, and the resulting sum shall be inserted in the application as the new rent to be charged for the vacant space if re -rented prior to the next Annual Adjustment. The anniversary date for the Annual Adjustment shall remain the same anniversary date as in effect prior to the vacancy. In the first year of occupancy following re -rental only, the applicable anniversary date may result in an Annual Adjustment imposed less than 12 months prior to the date of re -rental.

6. For any space that was previously exempt from rent regulation pursuant to Civil Code Section 798 et seq. or YMC Section 15.20.030 and such exemption has expired or n terminated, , the determination of the initial Annual Adjustment following termination of the exemption shall be determined in accordance with this subsection (6). The last rent in effect under Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 12 ends

265

the exemption provision shall be inserted on the Annual Adjustment form as the current rent for the formerly exempt space as of the date of application. The "prior CPI" shall then be determined. "Prior CPI" shall mean the CPI in effect on the date that the last rent increase was imposed under the long-term lease. The "current CPI" shall be determined in accordance with Subsection (2).

The prior CPI shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then be multiplied by 100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "initial CPI Increase" for the previously exempt space. Subsequent Annual Adjustments shall be calculated in accordance with subsections (1) through (3) of this Section 3.0001(B).

C. Notice of Adjustment to Resident. The park owner shall notify the residents affected by the Annual Adjustment in accordance with State law. The rent statement or invoice issued to the resident shall include the City approved annual CPI adjustment percentage and the dollar amount of the Annual Adjustment to be implemented on the subject space. A park owner shall not notice an Annual Adjustment prior to approval by the RA and park management shall concurrently post the City notice in the clubhouse, park office and one other location accessible to the residents at the same time as the rent increase notice is issued to the affected resident(s).

D. Eligibility. A space shall not be eligible for an Annual Adjustment (YMC Section

15.20.080) except upon compliance with the following requirements.

1. The park owner shall be in compliance with these Administrative Rules and the YMC.

2. Except as otherwise provided in subsection (D)(3), the space shall not have had an Annual Adjustment (YMC Section 15.20.080) or Maintenance of Net Operating Income (MNOI), Readjustment to Base Year NOI or Fair Return Rent Adjustment (YMC Section 15.20.100) in the preceding twelve (12) months prior to approval by the RA.

3. If the application includes a space that was previously exempt from rent regulation pursuant to Civil Code Section 798 et seq. or YMC 15.20.030 and such exemption has expired or been terminated, the space shall not have had a rent increase in the preceding twelve (12) months prior to approval by the RA. Subsequent Annual Adjustments shall comply with subsection (D)(2).

4. In the event a resident questions a charge(s) on his/her monthly or other periodic statement, he/she may request that the RA review the statement to determine whether it satisfies the requirements for authorized fees pursuant to Civil Code Section 798.31. In the event the RA determines that a park owner has overcharged a resident, the RA shall instruct the park owner to refund the over -charge, including interest at the legal rate of seven percent (7%) per year, compounded monthly.

E. Space vacancies pursuant to YMC Section 15.20.050(A). The space rent upon a "vacancy", as defined in YMC Section 15.20.020, subsections (4), (5), (6) or (7), shall not be increased above the last rent charged prior to such vacancy. The Annual Adjustment application shall list the last rent charged for such space prior to the vacancy.

F. Spaces Previously Exempt. As established 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." Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 13 ends

266

G. Park Owned Mobile Home Sold to an Existing or New Resident. As established pursuant to YMC Section 15.20.050(C).

H. Vacant Spaces (Vacancy Category Nos. (1), (2), (3), or (8)). In accordance with YMC Section 15.20.050(B), upon "vacancy", as defined in YMC Section 15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the space rent on that mobilehome space by a vacancy adjustment in accordance with the following provisions.

1. Application for a vacancy adjustment pursuant to YMC Section 15.20.050(B) and this subsection shall be made to the RA. The RA shall grant the application within ten (10) days of receipt of a complete application if it complies with this subsection. If the application is incomplete or does not comply with this subsection, the RA shall notify the applicant in writing of the reasons it is incomplete or does not comply with this subsection within ten (10) days of receipt of the application. The RA's decision approving a vacancy rent adjustment pursuant to YMC Section 15.20.050(B) and this section shall be final upon the date that the RA mails, by first-class mail, postage prepaid, a copy of the RA's decision, along with an affidavit of mailing, to the park owner.

2. The vacancy adjustment shall be calculated by the RA in accordance with the following provisions.
a. Step One: The combined average of all rent -controlled spaces in the park shall be determined, using the rents listed in the most recent City -approved annual registration form or Annual Adjustment, whichever was approved later. The RA shall thereafter add ten percent (10%) to the average rent determined pursuant to this subparagraph. The sum shall constitute the vacancy rent adjustment for the space. The sum shall constitute the new base rent for the space.
b. Step Two: The amount determined in Step One shall be set forth in the RA's decision issued to the park owner pursuant to subsection (1) of this Section 3.0001(H). c. Notwithstanding subparagraphs (a) and (b), a park owner shall be entitled to only one vacancy rent adjustment for each annual adjustment period following the occurrence of each vacancy under YMC Section 15.20.050(B).

3. Thereafter, the new space rent determined in accordance with this subdivision (H) shall become the base rent upon which future rent adjustments pursuant to the Ordinance shall be calculated for that space.

I. Effect of Lease upon Mobilehome Abandonment. As established pursuant to YMC Section 15.20.050(B) and Section 3.0001(B), above. If a lease was in place prior to the abandonment of the mobilehome by the prior resident (as abandonment in -place is defined in YMC Section 15.20.020), the lease is null and void and the new owner shall not be bound by the previous lease.

3.0002. CONSUMER PRICE INDEX (CPI).

Consumer Price Index ("CPI") shall mean:

1. For the purpose of calculating the Annual Adjustments for each of the years 1987 through 2018, the "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles - Riverside -Orange Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 14 07/28/2025 City Council Agenda
267

2. For the purpose of calculating the 2019 Annual Adjustment, "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.

3. For the purpose of calculating Annual Adjustments beginning in 2020, the "Consumer Price Index" or "CPI" means the CPI for the Riverside -San Bernardino -Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S.

Department of Labor, or any successor index.

4. For the purpose of calculating Special Rent Adjustments, the "Consumer Price Index" or "CPP' for the years subsequent to 2017 means the CPI for the Riverside -San Bernardino - Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.

CHAPTER 4. SPECIAL RENT ADJUSTMENTS BY APPLICATION

4.0001. FAIR RETURN
A. Purpose. It is the intent of YMC Section 15.20.100 to establish rents at a level which will provide park owners with a fair and reasonable return on investment while protecting the residents from excessive rent increases.

B. Resident Meeting prior to Special Rent Adjustment Application. The City encourages park owners to voluntarily meet with the residents to discuss the amount and reasons for a proposed rent increase with the affected residents, and to resolve differences and disputes with regard to the amount of the proposed rent adjustment, prior to filing an application for a rent adjustment to the City pursuant to YMC Section 15.20.100(A), (B) and/or (C) and this Chapter.

The park owner and resident representatives may agree upon the procedures for the resident meeting. Suggested procedures for the conduct of a resident meeting may include but are not limited to, the following:

1. The resident meeting should be scheduled at a convenient time and location for representatives of the park owner and residents; and

2. At least thirty days prior to the resident meeting, management should:
a. Serve written notice of resident meeting on the park resident representative(s), and post a copy of the notice of the resident meeting at the clubhouse, park office and other location accessible to the residents; and b. Provide information and documentation to the park residents regarding the proposed special rent adjustment, including an explanation of proposed rent increase and reasons therefore in simple and clear language to facilitate resident understanding and discussion between the park owner and residents; and

3. The resident meeting should be conducted in a non -adversarial manner.

4. The City encourges the park owner to include all documentation of any meeting held between the park owner and residents, and the discussion and outcome, in the special rent adjustment application submitted to the City.

4.0002. RENT ADJUSTMENT FORMS AND DETERMINATION OF

COMPLETENESS
Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 15 07/28/2025 City Council Agenda
268

A. Forms. Applications for rent adjustments and appeals and for opposition to rent adjustment applications or appeals shall be submitted in accordance with the requirements of this Section.

1. As used in these Rules, the following terms have the following meanings:
a. The term "application" shall include the application fee, completed application form (including the proofs of service and posting, declaration under penalty of perjury, and all information and documentation required by the City -approved form) and any and all reports, documents, notice of intent, election ballots, cover letter, notice, secret ballot or other information and documentation necessary to support the requested adjustment, including but expressly not limited to, all other information and documentation required by any other provisions of the Ordinance or these Rules.
b. The term "appeal" shall include the appeal fee, deposit(s), completed appeal form (including the proofs of service and posting, and all information and documentation required by the City -approved form) and any and all information and documentation necessary to support the appeal from the decision of the RA, including but not limited to all information and documentation required by any other provisions of the Ordinance or these Rules. c. The term "opposition" shall include the written explanation of the opposition to the application or appeal, proofs of service and posting of the opposition and any and all information and documentation necessary to support the opposition, including but not limited to all information and documentation required by any other provisions of the Ordinance or these Rules.

2. The City has prepared forms for use in submitting applications and appeals. These forms are designed to ensure that an applicant or appellant submits all necessary information and documentation to support the requested rent adjustment or appeal; to demonstrate that the applicant or appellant has met his/her burden of proof under the Ordinance and these Rules; and to facilitate review and analysis by the RA, and the public hearing before the Hearing Officer. Use of the City -approved application form or appeal form is not required, but submittal of all information and documentation as specified in the City -approved form is mandatory. Applicants and appellants are required to submit all information and documentation requested in the City -approved forms.

All information and documentation submitted with an application or appeal shall be paginated and shall also be clearly marked to correlate to the specific section and item number of the application form or appeal form to which it pertains. If an applicant or appellant fails to comply with this Section, the RA may deem the application or appeal incomplete. In addition, failure to comply with this Section may result in the Hearing Officer finding that the applicant or appellant failed to meet its burden of proof under the Ordinance and these Rules.

3. Any person wishing to submit any written opposition to rent adjustment application or appeals shall submit at least one copy of such written opposition, along with an electronic copy (jpeg or pdf format), to the RA. All information and documentation submitted with an opposition or response to an application or appeal shall be paginated and shall also be clearly marked to correlate to the specific section and item number of the application form or appeal form to which it pertains. If an opposing party fails to comply with this Section, the RA may deem the opposition incomplete and may refuse to accept the opposition for filing until the opposition complies with the Ordinance and these Rules.

B. Determination of Completeness of Application
Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 16 ends

269

Upon receipt of an application for a rent adjustment the RA shall review the application and determine whether the application is complete. As used in these Rules, the term "complete" means that the applicant completed the application form (or submitted a written statement providing all information requested by the application form); paid the requisite application fee and any hearing deposit (if applicable); and submitted all required information and documentation which supports the requested rent adjustment(s).

1. Necessary documentation shall include documentation establishing all categories of information set forth in these Rules to meet the park owner's burden of proof that they are entitled to a rent adjustment. In determining whether the application is complete, the RA shall review the application and its supporting documentation to determine whether the application contains all information and documentation to support each rent adjustment requested. a. In order for an application for rent adjustment submitted under YMC Section 15.20.100(A) and Section 4.0003 of these Rules to be deemed complete, the application shall include all documentation reflecting the amount of each category of income and expense claimed (including all relevant financial statements, including but not limited to, profit and loss statement, general ledgers, and actual invoices, receipts, bills or other documentation substantiating that the income was received or the expense was incurred); that the claimed expenses are reasonable; the CPI indexing factor proposed to be used as the basis for that contention; the factual basis for any claimed amortization period claimed for any amortizable expense; and all other documentation to establish that an MNOI rent adjustment is warranted. b. In order for an application submitted for a rent adjustment under YMC Section 15.20.100(B) and Section 4.0004 of these Rules to be deemed complete, the application shall include, in addition to the requirements of subparagraph (a), all documentation establishing each factor set forth in Section 4.0004(A)(1) through (5) of these Administrative Rules. c. In order for an application submitted for a rent adjustment under YMC Section 15.20.100(C) and Section 4.0005 of these Rules to be deemed complete, the application shall include in addition to the requirements of subparagraphs (a) and/or (b), documentation establishing each factor set forth in Section 4.0005(B)(1) through (6) of these Rules, and documentation establishing that the park owner is entitled to a fair return rent adjustment under any other relevant factors pursuant to YMC Section 15.20.100(C). d. In order to initiate the procedure for approval of a proposed special rent adjustment by voluntary meet and confer under YMC Section 15.20.100(E), the park owner shall comply with the provisions of Section 4.0006 of these Rules. e. In order for an application submitted for a rent decrease based on discontinuance or reduction in service or amenity under YMC Section 15.20.090 and Chapter 7 of these Rules to be deemed complete, the application shall include all information and documentation establishing each factor set forth in Sections 7.0004, 7.0005(B) (park resident application) and 7.0006(B) (park owner application) of these Rules.

2. Not later than thirty (30) days after the application is filed with the City, the RA shall send written notice to the applicant informing him/her whether the application is complete pursuant to YMC Sections 15.20.105(B) and (E). This completeness determination shall not apply to a proposed special rent adjustment by voluntary meet and confer under YMC Section

15.20.100(E).

3. If the RA determines that the application is complete, hearings on rent adjustment applications filed under YMC Sections 15.20.090 or 15.20.100(A), (B), or (C), or hearings on Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 17 ends

270

appeals to the Hearing Officer from a RA decision on an application under YMC Section

15.20.085, shall be processed, heard and determined in accordance with YMC Sections 15.20.105 and 15.20.110. Hearings before the Hearing Officer shall be noticed in accordance with the requirements of these Rules and the Ralph M. Brown Act. A proposed special rent adjustment by voluntary meet and confer under YMC Section 15.20.100(E) shall not be subject to this section.

4. If the RA determines that the application is incomplete, the notice sent by the RA to the applicant shall include a list of the information and documentation required under YMC Sections 15.20.085, 15.20.090, or 15.20.100(A), (B), or (C) and Section 15.20.105 and Chapters 4, 5 and/or 7 of these Rules, in order for the RA to find that the application is complete. The applicant shall have thirty (30) days to submit the additional information and/or documentation.

5. The application or appeal fee shall be paid in cash, or by cashier's check or by money order, made payable to the City of Yucaipa, concurrently with filing the application or appeal. Notwithstanding any other provision of these Rules, no application for rent adjustment, or application for an appeal from any decision of the RA, shall be deemed complete or set for hearing before the Hearing Officer unless the filing fee has been paid by the applicant or appellant.

6. If the applicant fails to submit the additional information or documentation to the city by the deadline, the RA shall notify the applicant in writing that he/she has no more than an additional thirty (30) days to submit the information and documentation necessary to deem the application complete. The RA will also notify the applicant that failure or refusal to submit the necessary information and/or documentation by the stated deadline may impact the Hearing Officer's decision on whether the applicant met his/her burden of proof that he/she is entitled to any rent adjustment or the particular rent adjustment sought by the applicant. If the application is incomplete because the applicant failed to pay the required filing fee, the RA will notify the applicant that the application is incomplete and that the application will not be set for hearing before the Hearing Officer until the applicant has paid the filing fee.

7. Upon a failure or refusal by the applicant to submit the necessary documentation or other information required in order for the RA to deem the application complete under the Ordinance and Rules (other than the failure to pay the required filing fee), the RA shall thereafter serve written notice of the application upon the park residents in accordance with YMC Section

15.20.060, that the application has been deemed incomplete. If the applicant is a park owner, the RA shall also serve a copy of such notice, and a copy of the application, upon the park resident representative or noticed in the park in accordance with YMC Section 15.20.060. The park residents shall have the right to submit their response or opposition to the application in accordance with the Ordinance and Rules. The RA shall thereafter schedule a hearing before the Hearing Officer on the application and shall notify the applicant and opposing party(ies) of the date and time of the hearing. The RA may make any appropriate recommendations to the Hearing Officer regarding the application, including but expressly not limited to, the impact of the park owner's failure to submit a complete application upon the RA's ability to determine if the park owner has met his/her burden of proof regarding any particular elements of the application, or whether the park owner has met his/her overall burden of proof to show that he/she is entitled to a rent adjustment, or the amount of the rent adjustment sought in the application.

8. If an application or appeal is incomplete due to the applicant's or appellant's failure to submit all required information or documentation necessary for the RA to deem the application or appeal complete, the hearing before the Hearing Officer shall be held in accordance with YMC Section 15.20.110.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 18 ends

271

9. If the RA determined that an application is incomplete, the holding of a hearing on the merits of the application shall not constitute any finding that the application is complete, nor shall it preclude the Hearing Officer from requesting any additional information or documentation from the applicant or opponent(s) during the hearing, or from rendering any decision on the merits of the application or from examining any person testifying before the Hearing Officer at the hearing on the application. Notwithstanding any other provisions under the Ordinance and these Rules, if an application is incomplete, the Hearing Officer shall have the right and authority to issue any appropriate decision on the merits of the rent adjustment application, or any element thereof, including but expressly not limited to, disallowance of claimed expenses or income, modification or denial of the rent adjustment requested in its entirety, or such other actions or findings as deemed appropriate by the Hearing Officer based upon the failure of the applicant to meet his/her burden of proof or otherwise establish entitlement to a rent adjustment under the Ordinance and these Rules.

4.0003. MAINTENANCE OF NET OPERATING INCOME (MNOI) APPLICATION A park owner may apply for a rent increase for the park on the grounds that the rent increases described in Chapter 4 of these Rules and YMC Sections 15.20.080 and 15.20.085 do not provide a just and reasonable or fair return based on a maintenance of net operating income ("MNOI") formula. This type of application shall be referred to as an MNOI Application.

The Application fee for a MNOI Application shall be $1,750.00 per application and shall be paid prior to the application being declared complete. Notwithstanding any other provision of these Rules to the contrary, no application shall be deemed complete or set for hearing before the Hearing Officer if the applicant fails to pay the required application fee.

A. Base Year CPI

1. 1987 CPI. Except as otherwise provided in subsection (2), for the purposes of calculating rent adjustments under the provisions of this Chapter, the December 31, 1987 Consumer Price Index figure is 114.8.

2. If a park has received a special rent adjustment since 1987, the "base year CPI" shall be as defined in YMC Section 15.20.100(A)(2) for purposes of calculating the new special rent adjustment application under the provisions of this Chapter.

B. "Current" CPI. For the purposes of calculating rent adjustments under the provisions of this Chapter, the "Current" CPI shall be determined as follows: Staff shall be responsible for determining the "Current CPI". For purposes of this provision, CPI shall be determined as follows:

1. If the RA determined that the application was complete, the "Current" CPI shall be the CPI last reported as of the date the application is declared complete.

2. If the RA determined that the application was incomplete, the "Current CPI" shall be the CPI last reported as of the date that the rent administrator mailed written notification to the park owner and residents that the application is incomplete due to the park owner's failure to submit all necessary information and/or documentation by the final deadline required by YMC Section 15.20.105(C).

C. Calculation 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 Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 19 07/28/2025 City Council Agenda
272

all spaces in the park, including vacant spaces, and all spaces subject to an exemption pursuant to 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 shall receive a rental increase, based upon a prorated allocation of the MNOI adjustment among all spaces in the park. Exempt spaces shall continue to be regulated by the provisions of their leases. Vacant spaces shall continue to be assigned the last rent in effect prior to the vacancy, as modified by any annual adjustment approved by the City during any such vacancy pursuant to YMC 15.20.050.

D. Definitions. For purposes of space rent adjustment proceedings, the following definitions shall be used:

1. "Net Operating Income" or "NOI" means Gross Income less Operating Expenses.

2. "Gross Income" is defined as follows:
a. Gross rents, computed as gross rental income, plus
b. Interest from rental deposits, unless directly paid by the park owner to the tenants (interest shall be computed at the rate of 5 '/2 % per annum of all deposits unless such deposits earn greater interest), plus
c. Late fees, fees collected for services and amenities not included in space rent, including, but not limited to, fees for recreational vehicle storage, cable TV, security, use of recreational facilities, income from coin operated facilities, collections for utility service only if the regulation of rates for the service provided are not pre-empted by regulations of the Public Utilities Commission ("PUC"), plus
d. All other income or consideration received or receivable for or in connection with the use, occupancy or operation of the park.

3. "Operating Expenses" shall include the following:
a. Real property taxes and assessments.
b. Utility expenses. If the utility service is regulated by the Public Utilities Commission (PUC), those utility expenses are not an allowable operating expense except for expenses attributable solely to the common areas if those expenses have been properly separated from expenses attributable to the provision of service to the individual mobile homes. c. Management expenses (contracted or owner performed), including necessary and reasonable advertising, accounting, insurance, managerial expenses, and allowable legal expenses. Management expenses are presumed to be the same percentage of gross income that were incurred in the base year unless the applicant produces evidence sufficient to justify that expenses increased at a higher rate despite prudent management. In the event the base year expenses are not available they shall be estimated by taking the current expenses and decreasing them downward according to the CPI between the base year and the application year, unless the applicant produces evidence sufficient to establish that management expenses increased at a higher rate despite prudent management.
d. Normal repair and maintenance shall include, but shall not be limited to painting, cleaning, fumigation, landscaping, and repair of all standard services, including furnished appliances, carpeting, recreational facilities, power, electrical, plumbing, sanitary sewer and carpentry.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 20 ends

273

e. Owner -performed labor, if actually performed by the park owner. Owner - performed labor shall be compensated at the following hourly rates upon documentation being provided, showing the date, time, and nature of the work performed:

General Maintenance:

Skilled Labor:
$16.68/hr
$30.98/hr
Hourly rates will be adjusted pursuant to the change in the Consumer Price Index (CPI) as per Section 3.0002 of these Rules. Hourly rates for general maintenance and skilled labor will be based on January's index and will be reviewed and adjusted during the biennial review process.

Notwithstanding the above, a park owner may receive greater or less compensation for self -labor if it can be shown that the amounts set forth above are substantially unfair in a given case.

There shall be a maximum allowance under this paragraph of five percent (5%) of gross income, unless the park owner demonstrates that such additional expenses were reasonable and consistent with prudent business practices.
f. Operating supplies such as janitorial supplies, gardening supplies, stationery, etc.
g.

License and registration fees required by law to the extent same are not otherwise paid by park residents.
h. Amortizable expenses, as defined in YMC Section 15.20.020. i. Repair work done on or in a mobilehome park in order to comply with an order issued by the building department, or to repair damage resulting from fire, earthquake or other natural disaster, to the extent not otherwise covered by insurance. j. Insurance premiums based on the amount of the annual premium. k. Other taxes, fees, and permits.

1. Allowable legal expenses, which include attorney's fees and costs incurred in connection with successful actions to evict residents or recover back rent and matters pertaining to the title or operation of the mobilehome park. In determining the amount of legal expenses to be included in base year or current year operating expenses, if the Hearing Officer determines that the amount of legal expenses is unusually high or not likely to recur on an annual basis, the Hearing Officer may require that the allowable legal expenses be amortized over a five-year period, and only the amortized portion shall be included as an operating expense in the relevant year. For purposes of determining the amortized cost of allowable legal expenses, an interest cost of the lesser of either the current prime rate plus one percent, or the interest rate actually incurred by the mobilehome park owner in paying for the expenses, may be added, provided that rate does not exceed reasonable and prudent financing rates generally available at the time the loan was obtained.
m. Any other allowable expenses for an item that the Hearing Officer finds are unusually high or not likely to recur on an annual basis. Based upon such a finding, the Hearing Officer may require that the allowable expenses be amortized over a five-year period, with an interest allowance in accordance with Subparagraph (m) of this Rule Section 4.0003(D)(3), and only the amortized portion thereof included as an operating expense in the relevant year.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 Page 21 07/28/2025 City Council Agenda
274

4. Operating expenses shall not include:
a. Mortgage principal and interest payments, land lease expenses or any other debt service.
b. Any penalties, fees or interest assessed or awarded for violation of the YMC or any other state or federal law.
c. Attorneys' fees and legal costs in connection with legal proceedings against the City challenging the YMC or these Administrative Rules, or any other payments made to any organization for purposes of litigating or challenging rent control. d. Depreciation.
e. Any expense for which the owner has been reimbursed by any insurance settlement, judgment for damages, settlement or any other method. f. Fees assessed under Section 2.0007 of these Administrative Rules, to the extent reimbursed by park residents.
g. Any late charges incurred by the park owner for failure to pay any registration fee to the City authorized by the YMC.
h. Any expenses to the extent that they resulted due to the park owner's failure to undertake prudent and ongoing maintenance activities or costs which were caused by unnecessarily and unreasonably deferred negligent, or otherwise improper repair and/or maintenance or other acts or omissions of the park owner, including but expressly not limited to, any expenses incurred with regard to vacant spaces. In acting upon a net operating income adjustment application, the Hearing Officer may reduce allowable operating expenses to the extent that the Hearing Officer finds that any claimed expenses resulted from the park owner's failure to undertake prudent and ongoing maintenance activities or which such costs were caused by unnecessarily and unreasonably deferred negligent or otherwise improper repair and/or maintenance or other acts or omissions of the park owner. i. Expenses for capital improvements, as defined in YMC Section 15.20.085. j. Expenses for installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and repairs, have a useful life of at least five years, and can be depreciated pursuant to the U.S. or California income tax codes, but which do not satisfy the requirements of a capital improvement rent adjustment under Section 15.20.085(A)(1) or an emergency capital improvement rent adjustment under Section 15.20.085(B); and k. Any other expenses for the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and repairs and have a useful life of at least five years.

5. In calculating operating expenses for any year, an expense shall be averaged with other expense levels for other years or amortized or adjusted by the CPI or may otherwise be adjusted in order to establish an expense amount for that item which most reasonably serves the objectives of obtaining a reasonable comparison of base year and current year expenses, under any of the following circumstances:
a. An expense item for a particular year is not representative; or Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 22 ends

275

b. In the case of base year expenses, when the expense is not a reasonable projection of average past expenditure for that item; or c. In the case of current year expenses, when the expense is not a reasonable projection of future expenditures of that item.

E. Reasonableness of Operating Expenses. The park owner shall have the burden of proving that all operating expenses are reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of establishing the reasonableness of the expense. To the extent that the Hearing Officer finds any such expense to be unreasonable, the Hearing Officer shall adjust the expense to reflect the normal industry or other comparable standard.

F. Schedule of Increases in Operating Expense. Where scheduling of rental increases, or other calculations, require projections of income and expenses because actual data is not available, it shall be presumed that operating expenses and management expenses, exclusive of property taxes, increase at the rate of the increase in the CPI for the applicable year; and that property taxes increase at two percent (2%) per year.

G. Presumption of Base Year Net Operating Income. For the purposes of calculating an MNOI Application, it shall be presumed in the absence of evidence to the contrary presented pursuant to Section 4.0004 of these Administrative Rules, that the NOI earned by the mobilehome park in calendar year 1987 provided a just and reasonable return to the park. In the event a park has received a special adjustment since the base year, the income and expense year on which the special adjustment was based shall be deemed the base year for the purposes of evaluating a rent adjustment application.

H. Method of Calculation of MNOI Adjustment. The MNOI adjustment for the park shall be calculated as follows:

1. The Base Year CPI and the Current Year CPI shall be determined in accordance with YMC Section 15.20.100(A) and Section 4.0003(A) and (B) of this Chapter.

2. The 1987 Gross Income (or "1987 GI") of the entire park, including leased, vacant and month -to -month spaces, shall be calculated. The 1987 Operating Expenses (or "1987 OE") for the entire park shall be calculated. The 1987 OE shall then be subtracted from the 1987 GI to arrive at the 1987 Net Operating Income (or "1987 NOI"). In the event a park has received a special adjustment since the base year, the income and expense year on which the special adjustment was based shall be deemed the base year for the purposes of evaluating a special rent adjustment application under this Chapter.
a. Method of Calculation of Rent Adjustment upon Changed Vacancy Rate.

In the event that there has been an increase of more than three percent (3%) in the vacancy rate since the base year, the following provisions shall govern the determination of any rent adjustment under this Section 4.0003:

1. The 1987 GI as determined under Section 4.0003(H)(2), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "1987 GI per rented space."

2. The 1987 OE as determined under Section 4.0003(H)(2), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "1987 OE per rented space."
Mobilehome Park Administrative Rules, Resolution No, 2025-44 07/28/2025 City Council Agenda

Page 23 ends

276

3. The 1987 rented space OE shall be subtracted from the 1987 rented space GI to arrive at the 1987 rented space net operating income for the rented spaces. The resulting sum shall be known as the "1987 NOI per rented space."

3. The gross income for the twelve (12) months preceding the date of application (or "current GI"), including leased, vacant and month -to -month spaces, shall be calculated. The operating expenses for the twelve (12) months preceding the date of application (or "current OE"), including leased, vacant and month -to -month spaces, shall be calculated. The current OE shall then be subtracted from the current GI to arrive at the net operating income for the twelve (12) months preceding the date of application (or "current NOI"), for all spaces. a. Method upon changed vacancy rate. In the event that there has been an increase of more than three percent (3%) in the vacancy rate since the base year, the following provisions shall govern the determination of any rent adjustment under this Section 4.0003:

1. The current GI, as determined under Section 4.0003(H)(3), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "current GI per rented space."

2. The current OE, as determined under Section 4.0003(H)(3), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "current OE per rented space."

3. The current rented space OE shall be subtracted from the current rented space GI to arrive at the current rented space net operating income per rented space. The resulting sum shall be known as the "current NOI per rented space."

4. Determination of Current MNOI Entitlement
a. For the purposes of calculating the percentage increase in the CPI that is used to determine the percentage increase in NOI over the base year level that would provide a fair return, for the period from December 1987 through December 2017, the Los Angeles -Riverside - Orange Metropolitan Area index shall be used. For the period subsequent to December 2017 to the date used as the current date in the petition the Riverside -San Bernardino -Ontario index shall be used. In the event the Riverside -San Bernardino -Ontario index is no longer compiled by the BLS, a successor index shall be used.
b. The 1987 CPI shall then be subtracted from the current CPI, and the difference shall be multiplied by 100. The product shall then be divided by the 1987 CPI to identify the percentage change in the CPI. The percentage change in the CPI shall then be multiplied by

66.67% from December 31, 1987 to October 28, 1996 and 80% of the increase in the CPI from October 29, 1996 to the date that the application is declared complete, (or from October 29, 1996 to the date that the RA mailed written notification to the park owner and residents that the application is incomplete due to the park owner's failure to submit all necessary information and/or documentation by the final deadline required by Section 15.20.105(C) of the Ordinance), and the resulting product shall be known as the "CPI increase." The CPI increase shall then be multiplied by the 1987 NOI (or adjusted NOI, where applicable). The product of this calculation shall then be added to the 1987 NOI. The sum shall be known as the "Current MNOI Entitlement."

5. The current NOI shall then be subtracted from the current MNOI entitlement. The positive difference is the amount of the maximum allowed NOI adjustment for the park or ("the park's MNOI adjustment"). If the difference is negative, then the park owner is not entitled to an MNOI adjustment.

Mobilehome Park Administrative Rules, Resolution No. 2025-44 07/28/2025 City Council Agenda

Page 24 ends

277

ATTACHMENT 3
07/28/2025 City Council Agenda
278

ORDINANCE NO. 122458

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING AND RESTATING SECTIONS 15.20.050,

15.20.116, 15.20.120, AND 15.20.130 OF RESCINDrn�
2 1' nT # 1Nnn r Tn CHAPTER 15.20 OF TITLE 15 OF THE YUCAIPA

MUNICIPAL CODE RELATED TO THE MOBILEHOME PARK RENT
STABILIZATION PROGRAM ,AND THE 2025 BIENNIAL REVIEW
PE INING TO TH 7n,IlzbEMENTA-TION-OF A rrr RIN OFT
AND ELIMINATION OF TIIE .'PPEAL PROCESS

THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SEMOON-Section 1. Municipal Code Amendment.

Chapter 15.20 "Mobilehome Park Rent Stabilization Program" is hereby amended rescinded to read as follows:

CHAPTER 15.20

MOBILEHOME PARK RENT STABILIZATION PROGRAM

15.20.010 Purpose and findings.

market of mobilehome owners and tenants. Their immobility and the shortage of spaces, in turn, creates an imbalance in the bargaining relationship between park owners and mobilehome park tenants. Because mobilehomes are often owned by senior citizens, persons on fixed incomes, and persons of low and moderate income, excessive rent increases fall upon these individuals with particular harshness.

F. In order to facilitate the above -stated policies, the city council, by Ordinance No. 104, adopted provisions limiting the rent that a park owner may charge upon a vacancy in a park.

adopted by the city council adequately protect the rights and interest of park owners. The ordinance codified in this chapter is intended to apply to any transfer of any mobilehome, as well as any change in occupancy of a mobilehome.

4. On January 28, 2002, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 214.

4. On December 8, 2003, the city council approved the biennial report with respect to certain revisions and additions to this chapter and enacted Ordinance No. 226.

M. On September 27, 2004, the city council approved the addition of subsection E to Section

15.20.110 of this code and enacted Ordinance No. 234.

N. On August 8, 2005, the city council approved the repeal of Section 15.20.117 of this code and enacted Ordinance No. 245.

2. On April 24, 2006. at a noticed public meeting, the city council conducted the biennial review and received testimony and considered the recommendations of staff and the mobilehome rent review commission with respect to proposed amendments to this chapter, and administrative rules.

order to adequately protect the interests of park owners and park residents and to preserve the comprehensive scheme for the regulation of space rents in mobilehome parks.

Therefore, because it is not a "project," this ordinance is not subject to CEQA's requirements.

2. On March 11, 2019, at a noticed public meeting, the city council considered the recommendations of staff and the commission with respect to proposed amendments to Chapter

15.20 of the YMC and Administrative Rules.

U. On November 9, 2020 and November 23, 2020, at a noticed public meeting, the city council reviewed legislative amendments to Civil Code Section 798.17 adopted pursuant to Assembly Bill 2782, Chapter 35, Statutes of 2020 (collectively "AB 2782") phasing out the long-term lease exemption from local rent control ordinances under the Mobilehome Residency Law, and staffs recommendations and public comments received on proposed amendments relating to the determination of annual adjustments for previously exempt spaces in accordance with AB 2782, and thereafter enacted Ordinance No. 397.

2. On July 11, 2022 and August 8, 2022, at a noticed public meeting, the city council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the commission's and staffs recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 413. (Ord. 413 § 3, 2022: Ord. 375 § 3, 2019; Ord. 368 § 3. 2017; Ord. 351 § I, 2016; Ord. 311 § 1, 2011; Ord. 255 §§ 1, 2. 3, 2007; Ord. 226 § 1. 2003; Ord. 211 § 1. 2002; Ord. 193 § 1. 1999; Ord. 170 § I, 1997; Ord. 161 § i 1996. Orda 126 § 1 1994)
6 07/28/2025 City Council Agenda
284

IW 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.

X. On June 9, 2025, and July 28. 2025, at a noticed public meeting, the City Council conducted the Biennial Review of the Ordinance and the Administrative Rules, including review and consideration of the Rent Administrator's recommendations and public comments received on the proposed amendments, and thereafter enacted Ordinance No. 458. (Ord. 458 I. 2025. Ord. 422 2023: Ord. 413 3, 2022; Ord. 375 3. 2019; Ord. 368 6 3. 2017: Ord. 351 1. 2016: Ord. 311 1. 2011; Ord. 255 1. 2. 3, 2007; Ord. 226 § 1. 2003: Ord. 214 L, 2002: Ord. 193 1, 1999; Ord. 170 ti 1. 1997; Ord. 161 1 1. 1996; Ord. 126 § 1. 1994)

15.20.020 Definitions.
"Abandoned in -place" means a resident voluntarily abandons his or her coach and the park owner gains title and sells the coach to a new resident. "Amortizable expenses" means:

2. For the purpose of calculating the 2019 annual adjustment the "Consumer Price Index" or "CPP" 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.

3. For the purpose of calculating annual adjustments beginning in 2020 the "Consumer Price Index" or "CPP" means the CPI index for the Riverside -San Bernardino -Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index

4. For the purpose of calculating Special Rent Adjustments for each of the nears 1987 through 2017 the "Consumer Price Index" or "CPP" 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.

45. For the purpose of calculating special rent adjustments the "Consumer Price Index" or "CPP" for the years subsequent to 2017 means the CPI index for the Riverside -San Bernardino - Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.
"Day" means a calendar day, unless otherwise defined in this chapter. If a deadline falls on a day on which City Hall is not open, the deadline shall be extended to the next business day. "Emergency capital improvements" mean capital improvements: (1) that are necessary in order to prevent an imminent threat to public health and safety of the park, its residents, or neighbors; (2) that must be carried out immediately; and (3) satisfy the requirements of Section I5.20.085(B) and the administrative rules adopted by resolution of the city council. "Housing services" mean services connected with use or occupancy of a rental space in a mobilehome park which are provided to residents for the rent charged for a space, including, but not limited to: utilities, ordinary repairs, replacement and maintenance, laundry facilities, recreational facilities, a resident manager, refuse removal, parking, street cleaning and maintenance, and other benefits, privileges, facilities or terms and conditions of the residency. "In -place transfer" of a mobilehome means a sale, transfer or other conveyance of ownership of a mobilehome with the mobilehome remaining on the mobilehome space following the sale, transfer or other conveyance, including the following: (1) replacement of a mobilehome by the same resident for any reason (such as age, fire, flood, substantial destruction, or replacement with a new mobilehome); or (2) transfers ownership of the mobilehome by inheritance or other transfers to relatives, heirs, personal representatives of the estate and successors of interest; or (3) any other voluntary or involuntary transfers of ownership of the mobilehome by the resident to a creditor; or (4) any other voluntary or involuntary transfer of a mobilehome by the resident to the park owner as the result of an eviction or other termination of tenancy. Notwithstanding the foregoing, an in - place transfer of a mobilehome does not include an "abandoned -in -place" mobilehome as defined above.
"Mobilehome" means a vehicle, designed or used for human habitation, including a camping trailer, travel trailer, motor home and slide -in camper, when used as the principal place of 8 (Commented [KJ2]: Item No. BB - Definitions
07/28/2025 City Council Agenda
286

habitation for the occupants thereof, as well as mobilehomes as defined by Civil Code Section 798.3.
"Mobilehome park" means any area of land within the city where two or more spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation, but shall not include parks which rent spaces exclusively to recreational vehicles as that term is defined in Civil Code Section 799.30.
"Owner" means a person or entity that receives or is entitled to receive rent for the use or occupancy of a mobilehome space or an agent or representative authorized to act on behalf of such person or entity.
"Rent" means the consideration paid for use or occupancy of a mobilehome space and the provision of related housing services.
"Rent administrator" means the person designated by the city manager to administer the provisions of this chapter.
"Residency" means the right or entitlement of a mobilehome owner of a mobilehome, or subtenant of a mobilehome owner, to use, occupy and place a mobilehome on a rental space in a mobilehome park and to related housing services.
"Resident" means an owner of a mobilehome who has a residency. "Resident" shall also mean any tenant or subtenant of a mobilehome owner who has a residency.

1. Any mobilehome space which is empty because the mobilehome was voluntarily removed by the mobilehome owner who will no longer be a resident of the park. A vacancy under this subsection I shall not include a long-term vacant space as defined in subsection 8 of this section; or

4. Any "in -place transfer" of a mobilehome (as defined in this section) which remains in a thethe park; or

5. Any change in occupancy of a mobilehome on the same mobilehome space (but excluding an "abandoned in -place" mobilehome, or an "in -place transfer" of a mobilehome); or

6. Any replacement of a mobilehome on a space with another mobilehome owned or occupied by the same resident(s); or

7. Any change in occupancy or ownership of an existing mobilehome on a space as a result of an eviction or other involuntary termination of tenancy; or

8. Any long-term vacant space. As used in this section, "long-term vacant space" means a mobilehome space, pad or lot that has been empty (without a coach), for any reason, for more than five consecutive years.
(Ord. 458 § 1. 2025: Ord. 422 § 1. 2023: Ord. 413 § 4, 2022; Ord. 391 §§ 6-8, 2020; Ord. 375 § 4, 2019; Ord. 311 § 2, 2011; Ord. 255 §§ 5, 6, 2007; Ord. 193 § 2, 1999; Ord. 161 § 2, 1996; Ord. 126 § 2, 1994)

15.20.030 Exemptions.

A. This chapter shall not apply to:

1. Newly constructed mobilehome spaces first held out for rent on or after January 1, 1990 Ifor{ 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.

2. New mobilehome park construction, as defined in subdivision (b) of California Civil Code SectionJ798.7 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.

23. Any mobilehome park which has signed and is in compliance with a mobilehome accord and agreement approved by resolution of the city council. This exemption shall apply during the term of the agreement including any extensions or renewals thereof, provided that upon its expiration, the mobilehome park shall again be subject to this chapter and the base rents in the mobilehome park shall be the rents last charged pursuant to the agreement.

B. The rent regulation provisions of this chapter shall not apply to any space while that space exempt from rent regulation pursuant to the
10 ( Commented pu3]: Item No. 8C - Exemptions
Commented [KM]: Item No. 8D - Exemptions
{ Commented [K15]: Item No. SE - Clarify Exemptions
07/28/2025 City Council Agenda
288

California Mobilehome Residency Law, Civil Code Section 798 et seq. Upon expiration or termination of such an exemption under Civil Code Section 798.17. that space shall become subject to the rent regulations of this chapter.
(Ord. 458 41. 2025; Ord. 422 §1, 2023: Ord. 413 § 5, 2022; Ord. 193 § 2, 1999; Ord. 161 § 3, 1996; Ord. 126 § 3, 1994)

15.20.040 Maximum permitted rent.

D. A resident may refuse to pay rent in excess of the maximum rent permitted by this chapter.

The fact that any such unpaid rent is in excess of the maximum rent permitted by this chapter shall be a defense in any action brought to recover possession of a mobilehome space and for nonpayment of rent or to collect the illegal rent.
(Ord. 458 41. 2025: Ord. 422 41, 2023: Ord. 226 § 2, 2003; Ord. 193 § 4, 1999; Ord. 161 § 4, 1996; Ord. 126 § 4, 1994)

15.20.050 Maximum permitted rent upon space vacancy.

Civil Code Section 798.17, or a vacancy adjustment is authorized pursuant to subsections B, C, D 11 Commented [KJ6]: Item No. SE - Clarify Exemptions
07/28/2025 City Council Agenda
289

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.

B. Upon "vacancy," as defined in Section 15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the last rent in effect on the space prior to such vacancy based on the combined average of rent controlled spaces in the park plus ten [twentN1(4-0) percent, provided that space rents prior to the vacancy can be verified by information required on and/or documentation submitted with the annual registration application or annual rent increase application, whichever was approved later. This calculation shall be known as the vacancy adjustment. Any such approved vacancy adjustment shall constitute the new base rent for that space. The new space rent determined in accordance with this subsection B shall become the base rent upon which future rent increases pursuant to this chapter shall be calculated. At the time of rental of that space following a vacancy (as defined in "vacancy" subsection (1), (2), (3), or (8) of Section 15.20.020), no park owner shall impose any space rent in excess of the last rent in effect immediately preceding the vacancy of the space, as modified by any vacancy adjustment approved by the city in accordance with this subsection for that vacant space. Procedures implementing the vacancy adjustment authorized under this subsection B shall be set forth in the rules and regulations adopted by resolution of the city council.

C. Park Owned Mobilehome Sold to an Existing or New Resident.

D. Spaces Previously Exempt. In the event a space which was previously exempt from rent reeulationl pursuant to Section 15.20.030 of this code no loneer remains exempt. under -a --lease pursuant to California Civil Code Section 798.17, 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 exemptionlease, provided that space rents can be verified by information required on, and/or documentation submitted with the annual registration application. 12 Commented [KJ71: Item No. 2 - Rent Adjustments Upon
Vacancy
Commented IKJ81: Item No. 8E - Clarify Exemptions
07/28/2025 City Council Agenda
290

F. No park owner shall require that a prospective resident sign a lease exempt from this chapter or code as a condition of tenancy.

G. Procedures for application and approval of rent adjustments upon space vacancy shall be in accordance with administrative rules set forth by resolution of the city council. (Ord. 458 § 1, 2025; Ord. 422 § 1, 2023: Ord. 413 § 6, 2022; Ord. 391 § 9, 2020; Ord. 255 § 7, 2007; Ord. 193 § 5, 1999; Ord. 170 § 2, 1997; Ord. 161 § 4A, 1996; Ord. 126 § 4A, 1994)

15.20.060 Resident representatives.

The residents of each mobilehome park in the city shall elect by n :or444 a vote of 10 or 10% of the regulated spaces. whichever is less, with--onc vote per regulated space, a resident representative to receive all notices required by this chapter. 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. The elected representative shall continue to serve as park resident representative until his or her resignation or the subsequent election of another resident by the park residents. The residents shall advise the rent administrator of the name, address and phone number of the elected resident representative in writing no later than January 31 st of each year and shall promptly notify the rent administrator of any change of representative.

If a resident representative or point of contact is not established, all notices required by this chapter shall be posted, in the clubhouse, park office and one other location accessible to the residents. (Ord. 458 § 1, 2025: Ord. 422 § 1. 2023: Ord. 413 § 7, 2022; Ord. 390 § 3, 2020; Ord. 193 § 6, 1999; Ord. 161 § 5, 1996; Ord. 126 § 5, 1994)

15.20.070 Hearing Officer.

A. There shall be a hearing officer or hearing officers who shall be appointed by the city council. Each hearing officer shall serve a term of three years or until their successor is appointed.

B. Powers and Duties. The hearing officer shall have the following powers and duties:

1. To meet from time to time;

3. To render biennially a written report to the city council concerning its activities, holdings, actions, results of hearings, and all other matters pertinent to this chapter which may be of interest to the city council_;
13 Commented 1KJ91: item No. 4 - Resident Representative J 07/28/2025 City Council Agenda
291

(Ord. 458 § 1. 2025; Ord. 422 § 1. 2023: Ord.390 §4. 2020; Ord. 255 8, 2007: Ord. 214 § 2. 2002;;-- Ord. 193 § 7. 1999: Ord. 170 3. 1997: Ord. 161 6, 1996: Ord. 152. 1996: Ord. 126 6. 1994)

15.20.073 Registration, posting and fees.
tyeFy,
a. initcial eg
BA. Annual Registration. Every mobilehome park shall file an annual registration statement, on a form provided by the rent administrator and in accordance with the administrative rules adopted pursuant to this chapter, no later than the 3 lst day of January each year.

CB. New/Extended Lease Registration. Every park owner shall file a statement on a form provided by the rent administrator whenever: (1) a new lease is executed after the City's approval of the prior year's annual registration statement; or (2) an existing lease is renewed or extended after the City's approval of the prior year's annual registration statement. The lease registration statement shall include the duration of the new, renewed or extended lease, new lease execution and expiration dates, renewal/extension execution and expiration dates, current space rent determined under this chapter, last names of homeowners/tenants, and any other information required by the rules or otherwise deemed necessary by the rent administrator for the implementation and administration of this chapter.

DC. 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 this code€retu-t is-ehapter-uede�''� �iv.l-Cede-Seetisti 798.17, 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.

Ell. Fees. The city council may adopt fees for the following by resolution:

1. 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)Civil Code Section 798.17 or 15.20.030(A)_ of this code at the time the initial and annual statements are filed.

2. Application fees to cover the costs of processing an application or appeal.

FE. A park owner who fails to comply with subsections A, B, C, D and E of this section shall not be entitled to charge, collect, retain or apply for the rent increases permitted by this chapter. 14 l Formatted: Line spacing: single
Commented [KJ10]: Item No. 8F - Registration, Posting,
and Fees
Commented 11(J111: Item No. 8E - Clarify Exemptions 1
[ Commented [KJ12]: Item No. 8E - Clarify Exemptions
07/28/2025 City Council Agenda
292

GI'. The 2004 paramedic special tax, enacted by the voters at the rate of twenty-eight dollars ($28.00) per individual dwelling unit per year, may be collected, commencing on November 1, 2004, in twelve (12) monthly installments, in an amount not to exceed two dollars and thirty-four cents ($2.34) per month, which may be included with the monthly statement of rent due, but must be separately itemized. The tax shall not be included in the base rent when calculating rent adjustments.

FIG. A copy of the ordinance codified in this chapter shall be posted in the office of every mobilehome park and in the recreation building or clubhouse of every mobilehome park. (Ord. 458 §1. 2025: Ord. 422 §1, 2023: Ord. 413 § 8, 2022; Ord. 311 § 3, 2011; Ord. 255 § 15, 2007; Ord. 234 § 1, 2004; Ord. 214 §§ 4 6, 2002; Ord. 193 § 10, 1999; Ord. No. 161 § 10, 1996; Ord. 126 § 10, 1994)

15.20.080 Annual rent adjustments by administrative application.

Annual Adjustment Based on the CPI.

B. If the mobilehome space was previously subject to an !exemption! pursuant to Section

15.20.030 and such exemption expired long te, lea a which ted the c fro , . ntrol under -state -law, the rent for such space shall not be increased under this section until twelve (12) months after the most recent rent increase under the previously exempt long term lease. Thereafter, the rent may be increased once every twelve (12) months in accordance with subsection A of this section.

C. Regulations for implementing this section shall be as set forth in the administrative rules adopted by resolution of the city council, including, but not limited to, application procedures and dissemination of CPI to park owners.
(Ord. 458 § 1. 2025: Ord. 422 § 1, 2023; Ord. 413 § 9, 2022; Ord. 397 § 7, 2020; Ord. 368 § 4, 2017; Ord. 311 § 4, 2011; Ord. 255 §§ 9, 10, 11, 2007; Ord. 214 § 3, 2002; Ord. 193 § 8, 1999; Ord. 161 § 7, 1996; Ord. 152, 1996; Ord. 140, 1995; Ord. 126 § 7, 1994)

15.20.085 Rent adjustments based on capital improvements.

A park owner may request approval of a rent adjustment based on capital improvements or emergency capital improvements in accordance with this section.

A. General Procedures.

I. 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 15 (Commented [KJ131: Item No. 8E - Clarify Exemptions
07/28/2025 City Council Agenda
293

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 demonstrate that ,riot! to the completion of he prepesed-evital-improvenien4,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 (see sample "Election Ballot Form" in Exhibit A attached to the ordinance codified in this section and incorporated by reference), in an attempt to gain fifty-one (51) percent approval of the occupied rent controlled spaces, with one vote per space having consented to the proposed capital improvement in one of the following methods: (a) at the noticed resident meeting; or (b) ballot mailed via certified mail/return receipt requested to each rent controlled space. Documentation of the meetings with the park residents shall include, but is not limited to, notice of meeting between the park owner(s) and residents, resident attendance sign -in sheets, official minutes from the meeting, a summary of each of the bids or proposals received and a written explanation from the park owner explaining the reasons for the selection of the contractor, and election ballot form(s). The summary shall include sufficient detail for the park residents to understand the nature and extent of the proposed work and the costs to be incurred therein. If the owner proposes to perform the capital improvement with his or her own labor, the summary provided to the residents shall include an explanation of the proposed work and costs. An increase application which meets all other requirements of this subsection but has not been consented to by fifty-one (51) percent of the occupied spaces may be granted when the improvement is necessary to protect the health and safety of the park, its residents and/or its neighbors. The requirement for the resident meeting and capital improvement ballot election shall not apply to improvements that qualify as emergency capital improvements in accordance with subsection B. Any increase granted under subsection A shall remain in effect only during the useful life of the improvement. 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. Regulations for implementing subsection A shall be set forth in the administrative rules adopted by resolution of the city council.

and in this subsection, even if the park owner did not hold a resident meeting and capital improvement ballot election prior to completion of the capital improvement, only upon the terns set forth in this subsection and the administrative rules. The purpose of this subsection is to allow the park owner an opportunity to seek approval of a capital improvement rent adjustment application in those situations in which compliance with the resident meeting and capital improvement ballot election procedures is not feasible or possible due to an imminent threat to public health and safety resulting from an emergency event which damages the park.

1. Approval shall not be granted for a rent adjustment based on emergency capital improvements unless the rent administrator finds that all of the following requirements are met:
a. The work meets the definition of an emergency capital improvement; and b. There was no time to hold a resident meeting and capital improvement ballot election prior to carrying out the emergency capital improvements due to the need to immediately prevent or correct the imminent threat to public health and safety of the park, its residents and/or its neighbors; and
c. The park owner commenced construction of the emergency capital improvement not later than two weeks (fourteen (14) days) after the event constituting the emergency and completed the improvements as expeditiously as possible. "Commencement of construction" means that within two weeks of the emergency event, the park owner obtained signed contracts with contractors, builders and other third parties necessary to carry out the emergency capital improvements, obtained necessary permits and commenced substantial physical construction on the improvements. If physical construction did not actually begin within the two -week period, the city may find that the park owner commenced construction within the required two -week period if the park owner provides documentation establishing that within the two -week period all of the following were met: (i) the park owner obtained signed contracts for construction, (ii) the park owner obtained (or applied for and made reasonable efforts to obtain) all necessary permits, (iii) the park owner established a firm date for the commencement of construction, (iv) construction actually commenced in accordance with that time schedule, and (v) construction proceeded in an expeditious manner and was completed prior to submittal of the application; and d. The application for a capital improvement rent adjustment based on emergency capital improvements is submitted to the city: (i) within one month (thirty (30) days) of completion of the improvements, or (ii) within four months from the date of occurrence of the emergency, whichever occurs later. In no event shall an application for a rent adjustment based on emergency capital improvements be submitted more than six months after the occurrence of the emergency except as otherwise provided in the administrative rules.

D. Exclusion of Capital Improvement Costs from Special Rent Adjustment Applications.

E. Appeal of Rent Administrator's Decision onjCapitall Improvements. The rent administrator's decision granting or denying A... n the merits ef—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 rent s
C
filing an application for app al 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 18 Commented [K1151: Item No. 8G - Appeal of Rent
Administrator's Decision on Capital Improvements
07/28/2025 City Council Agenda
296

this subsection, any 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. (Ord. 458 ti 1. 2025; Ord. 422 ti 1. 2023; Ord. 351 tiff 2, 3, 2016; Ord. 311 ti 5. 2011: Ord. 255 til• 9, 10, II. 2007: Ord. 214 ti 3. 2002: Ord. 193 ti 8. 1999: Ord. 161 ti 7. 1996: Ord. 152. 1996: Ord. 140. 1995: Ord. 126 ti 7. 1994)

15.20.090 Rent adjustments based on discontinuance or reduction of a service or amenity.

1. Upon receipt of the application, the rent administrator shall review the application and determine whether the application is complete in accordance with Section 15.20.105(A).

2. If the rent administrator determines that the application is complete, the rent administrator shall provide written notice to the applicant and residents pursuant to Section 15.20.105(B) and (E).

4. Applications shall be heard and determined by the hearing officer in accordance with Section 15.20.110 and the administrative rules adopted by resolution of the city council.

1. Upon receipt of the application, the rent administrator shall review the application and determine whether the application is complete in accordance with Section 15.20.105(A).

2. If the rent administrator determines that the application is complete, the rent administrator shall provide written notice to the applicant and park owner pursuant to Section 15.20.105(B) and (E).
19 Formatted: Line spacing: single
07/28/2025 City Council Agenda
297

5. Applications shall be heard and determined by the hearing officer in accordance with Section 15.20.110, and the administrative rules adopted by resolution of the city council.

C. Appeals. The decision of the hearing officer on the merits of an application pursuant to subsection A or B of this section shall be final.
(Ord. 458 § I. 2025; Ord. 422 § 1. 2023; Ord. 315 § 1, 2012; Ord. 311 § 6, 2011; Ord. 255 §§ 12, 13, 2007: Ord. 193 § 9, 1999: Ord. 161 § 8, 1996: Ord. 126 § 8, 1994)

15.20.100 Rent increases by application to the hearing officer.

A park owner may seek a !space! rent increase in addition to those permitted by Section

15.20.080 and 15.20.085 pursuant to subsections A, B and €-E of this section. The park owner shall bear the burden of proof and provide the evidence to justify a rent increase based on any application submitted under subsections A, B, and/or C of this section. Subsection A provides for increases under a maintenance of net operating income ("MNOI") formula and it is presumed in the absence of evidence to the contrary that the MNOI formula provides a fair or just and reasonable return. An application pursuant to subsection C cannot be filed unless an MNOI application has also been filed and the two applications can be heard together. However, an application can be filed under subsection A without filing an application under subsection C.

Subsection B provides for modifications of the base year net operating income ("NOI") used in the MNOI formula under specified circumstances.

The applicant for a special adjustment under this section shall provide documentation of its income and expenses in the base year and of its income and expenses in each of the last five years or since its last special adjustment and such other information and documentation as is necessary to properly determine an MNOI calculation under subsections A and B and/or a fair return application under subsection C. An application cannot be deemed complete until information and documentation, as set forth in Section 15.20.105 and the administrative rules adopted by resolution of the city council, has been provided and the required filing fee paid to the city. Except as otherwise provided in the administrative rules, an application cannot be set for hearing before it is deemed complete. The factors and methodology for the hearing officer to determine the gross 20 Commented [1(116]: Item No. 8H - Rent Increases by
Application to the Hearing Officer
07/28/2025 City Council Agenda
298

income, operating expense and net operating income shall be as set forth in the administrative rules adopted by resolution of the city council.

A. MNOI Rent Adjustment. It shall be presumed in the absence of evidence to the contrary, presented pursuant to subsection B of this section that the NOI earned by the mobilehome park in calendar year 1987 provided a just and reasonable return to the park. Except as otherwise provided in subdivision (1) of this subsection, park owners shall be entitled to increase the park's 1987 NOI by sixty-six and sixty-seven one hundredths (66.67) percent of the increase in the CPI since December 31, 1987, to October 28, 1996, and eighty (80) percent of the increase in the CPI from October 29, 1996, to the date of the application. In the event that there has been an increase of more than three percent in the vacancy rate in the park since the base year, any rent adjustment under this subsection shall be governed by subdivision (I) of this subsection. For the purposes of this subsection, the 1987 CPI shall be one hundred fourteen and eighty-e ieeighty-one hundredths (114.80) and the current CPI utilized in reviewing a rent increase application shall be the CPI last reported as of the date the application is deemed complete.

2. The special rent adjustment must be based upon an MNOI methodology, or MNOI based on a readjusted Base Year NOI, as provided in subsection A or B and the administrative rules.

Costs associated with capital improvements shall be excluded.

15.20.110 shall not apply.

operating income (MNOI) rent adjustment, rent adjustment based on a readjusted base year NOI, or fair return adjustment application filed under subsections A, B, and/or C, is complete in accordance with Section 15.20.105 and the administrative rules established by resolution of the city council. Hearings on applications shall be conducted in accordance with Section 15.20.110 and the administrative rules adopted by resolution of the city council. (Ord. 458 § I. 2025; Ord. 422 § I.2023: Ord. 390 §§ 5, 6, 2020; Ord. 311 § 7, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994)

15.20.105 Complete applications.

A. All rent adjustment applications and appeals of decisions of the rent administrator on an application, shall be filed on an application form or appeal form provided by the rent administrator, or in a written form which provides all information and documentation required by the city - approved form and shall be accompanied by payment of filing fee, in accordance with the administrative rules adopted by resolution of the city council. At least one copy of the completed application or appeal, a declaration under penalty of perjury and all back-up documentation, along with an electronic copy of the complete application or appeal, must be provided to the city in order for the application to be deemed complete by staff. All information and documentation submitted shall be paginated, labeled and correlated to the specific section, question or item of the city - approved form to which the information and/or documentation pertains. If an applicant or appellant fails or refuses to provide all required information or documentation in accordance with the format of the city -approved forms and these rules, or to pay the required filing fee, the rent administrator is authorized to deem the application or appeal incomplete. At the time the application or appeal is filed, the applicant or appellant shall also post in three conspicuous places in the park, a notice and a complete copy of the application or appeal. The notice shall be in accordance with the city - approved form, andform and shall advise the park residents or park owner that an application or appeal has been filed with the rent administrator. The park owner shall maintain the copies of the notice and application or appeal in each location in the park for review and inspection by the residents as required by the administrative rules, until the city has issued a final decision on the application or appeal. The applicant or appellant shall also provide any resident representative or park owner with any copies of the complete application, as required by the administrative rules adopted pursuant to this chapter.

D. Except as otherwise provided in subdivision (D)(1), if the applicant or appellant fails to submit the additional information or documentation within the deadline established under subsection C, the rent administrator shall provide written notice to the applicant or appellant that the application will be set for hearing on the merits, but that the hearing shall not constitute any determination by the city that the application or appeal is complete, or that the applicant or appellant met his or her burden of proof that he or she is entitled to a rent adjustment under this section. The rent administrator shall also mail a copy of the notice to the affected residents and their resident representative or park owner along with the notice advising them of their right to submit opposition to the application or appeal pursuant to subsection E.

1. If the rent administrator deemed the application or appeal complete, the notice shall inform the affected residents or park owner of the right to submit +vrit-tcn.written documentary and photographic responses to the application or appeal to the rent administrator within twenty (20) days of the date notice of the application is mailed by the city. The affected residents or park owner shall provide the applicant or appellant with copies of any response or opposition in accordance with the requirements of the administrative rules adopted pursuant to this chapter. One copy of the application shall be furnished to the resident representative of the affected residents by the rent administrator together with the notice of the application. 24 07/28/2025 City Council Agenda
302

2. If the rent administrator deemed the application or appeal incomplete following the failure or refusal of the applicant or appellant to submit all necessary information or documentation by the final deadline imposed pursuant to subsection C of this section, the rent administrator shall mail written notice of the incomplete application or appeal to either the residents or park owner on the date that the rent administrator issued his or her final notification to the applicant or appellant that the application or appeal is incomplete. The notice shall inform the affected residents or park owner of the right to submit IN rittcn.written documentary and photographic responses to the application or appeal to the rent administrator within twenty (20) days of the date notice of the application is mailed by the city. The affected residents or park owner shall provide the applicant or appellant with copies of any response or opposition in accordance with the requirements of the administrative rules adopted pursuant to this chapter. One copy of the application shall be furnished to the resident representative of the affected residents by the rent administrator together with the notice of the application.

F. Procedures for implementation of this section, including, but not limited to, the rent administrator's determination whether an application or appeal is complete shall be set forth in the administrative rules adopted by resolution of the city council. (Ord. 458 §I. 2025: Ord. 422 §1, 2023: Ord. 390 § 7, 2020; Ord. 315 § 2, 2012; Ord. 311 § 8, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994)

15.20.110 Hearing procedures.

If the applicant or appellant fails to pay the required filing fee, the application or appeal shall not be set for hearing until the filing fee has been paid.

C. Any decision of the hearing officer shall be final.
25 07/28/2025 City Council Agenda
303

(Ord. 458 §1. 2025: Ord. 422 §1. 2023; Ord. 390 § 8, 2020; Ord. 311 § 9, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994) t5,204. �..-,-=5-Repealed:??Do we need this?

15.20.116 Recovery of application costs in connection with successful approval of a rent adjustment application to the hearing officer.

A. 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) lai 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 city shearing 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.

15.20.120 Rules and guidelines.

The rent administrator may adopt rules and procedures to implement the applications, notices, registration, verification and certification required by this chapter, and for the review of rent increase applications and the conduct of hearings. Such rules and guidelines shall be submitted to the city council for review and approval.
(Ord. 458 § 1, 2025: Ord. 422 § 1.2023: Ord. 193 § 13, 1999; Ord. 161 § 11, 1996; Ord. 126 § 11, 1994)

15.20.130 Remedies.

A. Any person who demands, accepts or retains any rent in excess of the maximum rent permitted by this chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained in the sum of three times the amount by which the payments demanded, accepted or retained exceed the maximum rent permitted by this chapter together with reasonable attorneys' fees and costs as determined by the court. 26 Commented [KJ171: Item No. 81- Recovery of Application Costs in connection with successful approval of a Rent
Adjustment Application to the Hearing Officer
07/28/2025 City Council Agenda
304

C. The city council may institute a civil action to compel compliance with this chapter.

F. Conflicts between the administrative rules and rules adopted pursuant to this chapter shall be resolved in favor of this chapter.
(Ord. 458 § I. 2025: Ord. 422 s 1. 2023: Ord. 311 §§ 12, 13, 2011; Ord. 255 § 17, 2007; Ord. 193 § 14, 1999; Ord. 161 § 12, 1996; Ord. 126 § 12, 1994)

15.20.140 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 representative, posted pursuant to Section 15.20.060) and advertised once in the local 'legally] adjudicated newspaper.
(Ord. 458 51, 2025: Ord. 422 § I. 2023: Ord. 413 § 10, 2022; Ord. 193 § 15, 1999; Ord. 170 § 4, 1997; Ord. 161 § 13, 1996; Ord. 126 § 13, 1994)
SECTION Section 2. Severability.

SECTION Section 3.CEQA.
27 Commented [KJ181: Item No. 8J - Biennial Review
07/28/2025 City Council Agenda
305

The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the ;ncommon-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

SECTION Section 4. Effective Date.

This Ordinance shall be effective the 31" day following its adoption by the City Council, pre<<ided; evei hat--the-provisions of ih, Ordinance sh n be effective as to „ plication ,deemed complete on or after April 6, 2023.

S�Co= lON--Section 5. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this 24th 1 lth day ofAAilAugust, 202-32025.

Justin B avcrJon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:

Ana Sauseda, CMCMMC Steven Graham, City Attorney
City Clerk
28 07/28/2025 City Council Agenda
306

ATTACHMENT 4
07/28/2025 City Council Agenda
307

RESOLUTION NO. 2025-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, RESCINDING RESOLUTION NO. 2024-56, AND

ESTABLISHING THE ADMINISTRATIVE RULES FOR THE

IMPLEMENTATION OF THE YUCAIPA MOBILEHOME RENT

Therefore, because it is not a "project," this Resolution is not subject to CEQA's requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are all true and correct.

Section 2. Resolution No. 2024-56 is hereby rescinded.

Section 3. The City Council hereby adopts the "Administrative Rules" attached hereto as Exhibit "A".
\\
07/28/2025 City Council Agenda 308

Section 4. This Resolution shall be effective the 31st day following the adoption of Ordinance No. 458.

PASSED, APPROVED, and ADOPTED this 28th day of July, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
07/28/2025 City Council Agenda
309

EXHIBIT "A"
to
Resolution No. 20254-4456

ADMINISTRATIVE
RULES

FOR THE IMPLEMENTATION

OF THE YUCAIPA MOBILEHOME

RENT STABILIZATION ORDINANCE
(YMC 15.20)
Mobilehome Park Administrative Rules, Resolution No. 20254-444 o 07/28/2025 City Council Agenda
310

7.0003(B), 7.0005(C), 7.0006(A) and (C)) (to correct inconsistencies) Resolution No. 2012-58 (Amending Resolution No. 2011-60 Section 2.0007(B)(C)(D)) (9/10/12) Resolution No. 2013-50 (Amending ResolutionNo. 2011-52 Section 2.0007(B)(C)(D)) (9/16/13) Mobilehome Park Administrative Rules, Resolution No. 20254443E 07/28/2025 City Council Agenda
311

Resolution No. 2014-55 (Rescinding Resolution No. 2013-50 and Amending (9/8/14) Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2015-52 (Rescinding Resolution No. 2014-55 and Amending (9/14/15) Resolution No. 2011-52 Section 2.0007 (B)(C)(D))
Resolution No. 2016-44 (Amending Resolution No. 2011-52, Adding Section 5.0010; (9/12/16) renumbering Section 5.0010 as 5.0011, and amending Sections 6.0004(E)(1) and

6.0004(G) (Effective 10/26/16)
Resolution No. 2016-45 (Rescinding Resolution No. 2015-52 and Amending (9/26/16) Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2017-41 (Rescinding Resolution No. 2016-45 and Amending (9/11/2017) Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2017-48 (Amending Resolution No. 2011-52 Sections 3.0001(b)(3), (11/13/2017)

4.0006(g), 6.0002(b), and 6.0004(b)(10)
Resolution No. 2018-43 (Rescinding Resolution No. 2017-41 and Amending (9/10/2018) Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2019-04 (Amending Resolution No. 2011-52, Sections 3.0001, 3.0002, (3/11/2019) and 4.0003(H)(4)
Resolution No. 2019-34 (Rescinding Resolution No. 2018-43 and Amending (8/26/2019) Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2020-10 (Amending Resolution No. 2011-52, Sections 1.0008, 3.0001, (5/13/2020)

4.0002, 4.0006 and 7.0004)
Resolution No. 2020-17 (Amending Resolution No. 2011-52 Section 3.0001) (4/13/2020) Resolution No. 2020-56 (Amending Resolution No. 2011-52 Section (9/14/2020)

2.0007(B)(C)(D))
Resolution No. 2020-67 (Amending Resolution No. 2011-52, Sections 2.0005(B)(5) (11/9/2020) and 3.0001)
Resolution No. 2021-52 (Amending Resolution No. 2011-52 Section (9/13/2021)

2.0007(B)(C)(D))
Resolution No. 2022-43 (Amending Resolution No. 2011-52, Sections 2.0001, (10/12/2022)

2.0003, 2.0004, 2.0005 and 3.0001.

Resolution No. 2023-36 (Replacing and Consolidating Resolution Nos. 2011-52, 2011- 90, 2012-02, 2012-58, 2013-50, 2016-44, 2017-48, 2019-04, 2019-34, 2020-10, 2020- (7/24/2023) 17, 2020-56, 2020-67, 2021-52 and 2022-43)
Resolution No. 2023-47 (Rescinding Resolution No. 2023-36, Establishing the (09/25/23) Administrative Rules and 2024 Annual Registration Fee)
Resolution No. 2024-56 (Rescinding Resolution No. 2023-47, Establishing the (09/09/24) Administrative Rules and 2025 Annual Registration Fee)
Mobilehome Park Adtninistrative Rules, Resolution No. 20254-4456 07/28/2025 City Council Agenda
312

1 Resolution No. 2025-44 (Rescindine Resolution No. 2024-56, Establishing the Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance)
(07/28/2025)
Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Formatted: Normal
07/28/2025 City Council Agenda
313

TABLE OF CONTENTS
CHAPTER 1. HEARING PROCESS 1

1.0001. HEARING OFFICER MEETINGS 1

1.0002. ADJOURNED MEETINGS 1

1.0003. MEETINGS TO BE PUBLIC 1

1.0004. MEETING AGENDA 1

1.0005. ADDRESSING THE HEARING OFFICER 3

1.0006. RULES OF DECORUM 3

1.0007. PUBLIC HEARINGS 4

1.0008. APPEAL TO HEARING OFFICER 7

1.0009. INTERPRETATION AND MODIFICATION OF ADMINISTRATIVE RULES 8 CHAPTER 2. REGISTRATION 8

2.0001. PURPOSE 8

2.0002. SWORN AFFIDAVIT OR DECLARATION 8

2.0003. LEASED SPACES 8

2.0004. SUBMISSION OF COMPLETE INFORMATION REQUIRED 9

2.0005. TINIES WHEN REGISTRATION IS REQUIRED; REGISTRATION CONTENTS 9

2.0006. DELINQUENT REGISTRATION 10

2.0007. REGISTRATION FEES 10

2.0008. DELINQUENT REGISTRATION FEES 10
CHAPTER 3. ANNUAL ADJUSTMENT BASED ON THE CPI 11

3.0001. ANNUAL ADJUSTMENT BASED ON THE CPI 11

3.0002. CONSUMER PRICE INDEX (CPI). 1544
CHAPTER 4. RENT INCREASES BY APPLICATION TO THE HEARING OFFICER 15

4.0001. FAIR RETURN 15

4.0002. RENT ADJUSTMENT FORMS AND DETERMINATION OF COMPLETENESS 164-5

4.0003. MAINTENANCE OF NET OPERATING INCOME (MNOI) APPLICATION 19

4.0004. ADJUSTMENT TO 1987 NOI 26

4.0005. FAIR RETURN PROVISION 27

4.0006. SPECIAL RENT ADJUSTMENT BASED ON VOLUNTARY MEET AND CONFER AND CONFIDENTIAL BALLOT 28

4.0007 ALLOWABLE RENT ADJUSTMENTS AND APPLICATIONS FOLLOWING MNOI ADJUSTMENTS 3433
CHAPTER 5. ADJUSTMENTS BASED ON CAPITAL IMPROVEMENTS 3433 Mobilehome Park Administrative Rules, Resolution No. 20254-4456 07/28/2025 City Council Agenda
314

5.0001. DEFINITIONS 34

5.0002. APPLICATION FEES 34

5.0003. CALCULATION OF ALLOWABLE INCREASES 34

5.0004. AMORTIZATION 35

5.0005. COST OF THE CAPITAL IMPROVEMENT 36

5.0006. IMPROVEMENTS NECESSARY FOR HEALTH AND SAFETY 3736

5.0007. EMERGENCY CAPITAL IMPROVEMENTS 37

5.0008. SPECIAL RENT ADJUSTMENT APPLICATION 4140

5.0009. IMPROVEMENTS UNNECESSARILY DEFERRED 42

5.0010. CERTIFICATION OF CAPITAL IMPROVEMENTS 4342

5.0011. APPLICABILITY OF THESE ADMINISTRATIVE RULES. (Renumbered 5.0010 as

5.0011) 43
CHAPTER 6. TEMPORARY RENT ADJUSTMENT FOR SPECIAL RENT ADJUSTMENT APPLICATION AND HEARING COSTS INCURRED BEFORE THE HEARING OFFICER.4443

6.0001. SCOPE 4443

6.0002. ELIGIBILITY AND BURDEN OF PROOF 4443

6.0003. DEFINITIONS 44

6.0004. PROCEDURES 45
CHAPTER 7. RENT ADJUSTMENT BASED ON DISCONTINUANCE OR REDUCTION OF A SERVICE OR AMENITY 47

7.0001. PURPOSE AND SCOPE 47

7.0002. BURDEN OF PROOF 4948

7.0003. DEFINITIONS 49

7.0004. GENERAL APPLICATION REQUIREMENTS 49

7.0005. PARK RESIDENT APPLICATION FOR RENT DECREASE 50

7.0006. PARK OWNER APPLICATION FOR A RENT DECREASE 53

7.0007. RENT ADMINISTRATOR REVIEW 56

7.0008. PROCEEDINGS 57

7.0009. CHAPTER 7 — SCHEDULE A - DE MINIMIS CONDITIONS 57 Mobilehome Park Administrative Rules, Resolution No. 20254-4436 07/28/2025 City Council Agenda
315

CHAPTER 1. HEARING PROCESS

1.0001. HEARING OFFICER MEETINGS
Hearing Officer neetings hearings may be called at any time by the Rent Administrator ("RA"), or the Hearing Officer appointed by the City, to hear applications for special rent adjustments, rent reductions based on reduction or elimination of services or amenities, or appeal of the RA decision on the merits of a capital improvement rent adjustment or emergency capital improvement rent adjustment.

1.0002. ADJOURNED MEETINGS
The Hearing Officer may adjourn any meeting Ihearino] to a date, time and place specified in the order of adjournment.

If Hearing Officer is absent from any special meetinghearing, the RA may declare the meeting hearing adjourned to a stated time and place, and he/she shall cause a written notice of the adjournment to be given in the same manner as provided for special meetingshearinas.

A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting -hearing was held within twenty-four (24) hours after the time of the adjournment.

1.0003. MEETINGS TO BE PUBLIC
All meetings Ihcarinoslof the hearing officer shall be open to the public.

1.0004. MEETING AGENDA
The agenda shall be prepared in accordance with the following rules:

A. As used in these Rules, the term "agenda' means all staff reports, communications, resolutions, contract documents, proposals, expert reports, applications, oppositions, appeals, and other documents or matters to be submitted to the hearing officer at a IIeetinghcaringl. Except as otherwise provided in Subsection (B) and (C), below, or Section 1.0007 of these Administrative Rules, concerning public hearing items, all agendas shall be delivered to the RA not later than 12:00 noon on the day which is fourteen (14) days preceding a Special meeting hearing (excluding the day of the meetinghearing).

Except as otherwise provided in Subsections (B) and (C), below, concerning public hearing items, the Agenda shall be delivered to the Hearing Officer on the sixth (6th) calendar day preceding the meeting hearing to which it pertains (excluding the day of the meetrnghearing), and shall be made available to the public after submission to the Hearing Officer.

Mobilehome Park Administrative Rules, Resolution No. 20254-4446 Page 1 Commented [KS]: Item No 8K - Replacing Meetings with
Hearings
Commented [102]: Item No 8K - Replacing Meetings with
Hearings
t Commented [103]: Item No. 8K - Replacing Meetings with Hearings
Commented [IC14]: Item No. 8K - Replacing Meetings with Hearings
07/28/2025 City Council Agenda
316

As used herein, the term "application" shall have the meaning set forth in Section

1. As used herein, the term "opposition" shall have the meaning set forth in Section

4.0002(A)(1)(c) of these Rules.

Mobilehotne Park Administrative Rules, Resolution No. 20254-4456 Page 2 07/28/2025 City Council Agenda
317

1 (i) Not later than the thirtieth (30th) day following service of the notice from the RA that the application has been declared complete by the RA, or (ii) Not later than the thirtieth (30th) day following service of notice from the RA that the park owner will not submit any additional information or documentation to enable the RA to deem the application complete.
c. The failure or inability of any person to submit the opposition within the time periods specified in subparagraph (a) or (b) of this subsection (2) shall not prejudice said person's right to represent the opposition to the Hearing Officer during the actual hearing on the application, and the Hearing Officer may, in his/her discretion, allow the submission of such opposition at the time of the hearing on the application. Such written opposition shall be personally served or mailed to the applicant or the applicant's local representative no later than the same day as the filing of the written opposition to the RA, along with an affidavit or declaration, signed under penalty of perjury and containing all information and certifications required by the City -approved form, certifying such service has been made and that all representations set forth in the opposition are true and correct.

1.0005. ADDRESSING THE HEARING OFFICER
The following rules, in addition to those set out in Section 1.0007, "Public Hearings," shall govern public testimony before the Hearing Officer.

D. Continuance of hearings. Any hearing being held or noticed or ordered to be held by the Hearing Officer or RA at any Inteetinihearing of the Hearing Officer may, by order or notice of continuance, be continued or re -continued to any subsequent mpg -hearing in the manner provided herein for adjourned meeting hearings; provided that if the hearing is continued to a time less than twenty-four (24) hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the ..metro hearing at which the order or notice of continuance was made.

1.0006. RULES OF DECORUM
Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 3 Commented [K75]: ftem No 8K - Replacing Meetings with
Heanngs
07/28/2025 City Council Agenda
318

A. Hearing Officer. While the,i+neet-ing-hearing is in session, the Hearing Officer must preserve order and decorum.

D. Members of the audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations which disturb the peace and order of the Ineetinghearing, or who refuses to comply with the lawful orders of the Hearing Officer, shall upon instructions of the Hearing Officer, be removed from the meeting hearing room.

1.0007. PUBLIC HEARINGS
The following procedural rules shall apply to all public hearings before the Hearing Officer. All other requirements of these Administrative Rules shall apply to such public hearings, where not inconsistent with the provisions of the Section. As used herein, the term "public hearing" shall include all hearings on application for capital improvement adjustments based on appeal of the RA decision, reduction or decreases in services or amenities adjustments, and -net operating income adjustments and fair return!adjustmentsl.

A. Duties of Hearing Officer. The Hearing Officer shall have the authority to:

1. Administer oaths and affirmations.

2. Rule on offers of proof and receive relevant evidence.

3. Announce all decisions of the Hearing Officer on all subjects and control the course of the hearing.

4. Rule on procedural requests.

The functions of the Hearing Officer shall be performed in an impartial manner.

B. Duties of Rent Administrator. The RA shall have the authority under YMC Sections 15.20.073, 15.20.080, 15.20.085, 15.20.090, 15.20.100, 15.20.105, 15.20.110, and

15.20.120, to:

1. Evaluate applications and appeals to determine whether they are complete as required by YMC Chapter 15.20 and these Administrative Rules.

2. Require submittal of additional documentation by applicants and appellants as determined to be necessary to deem an application or appeal complete.

Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 4 Commented [106]: Item No. 8K - Replacing Meetings with
Hearings
Commented [K77]: Item No. 8L - Clanrying language
07/28/2025 City Council Agenda
319

3. Make recommendations to the Hearing Officer regarding the analysis and merits of rent adjustment applications.

4. Schedule hearings before the Hearing Officer on the merits of an application.

5. Schedule appeal hearings before the Hearing Officer following issuance of the decision of the RA on an appeal pursuant to the Ordinance and these Rules.

6. Make recommendations to the Hearing Officer on any rent adjustment application or appeal.

7. Develop forms, procedures and policies for administration and implementation of the Ordinance to the extent not otherwise covered by these Administrative Rules.

9. Take such other actions as reasonably necessary to implement and administer the Ordinance and Administrative Rules.

C. Legal Counsel Representation and Participation under YMC Sections 15.20.085.

15.20.090. and 15.20.100.

1. All parties may be, but are not required to be, represented by legal counsel.

2. The RA, in the case of any application before the Hearing Officer, will be . . assisted and advised by experts and legal counsel. However, experts and legal counsel representing the staff RA shall not communicate with the Hearing Officer concerning the application under consideration, except concerning procedural matters, such as the dates and locations of public hearings, and except during the public hearing.

D. Rules of Evidence.

hearing must be relevant to determine whether an applicant is entitled to an increase or decrease in rents pursuant to the capital improvement, reduction or decrease in services or amenities, of -net operating income or fair return adjustment provisions of the YMC and these Administrative Rules, pursuant to which the application seeks a modification to rents.

4. The Hearing Officer has the right andkresponsibility to rule on the admissibility and relevancy of aAII evidence, whether it be in the form of oral testimony or written documents, which is-net-relevent-te-enable-the-Hearing-Officer-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, s"al' "

5. Except as provided elsewhere in these Administrative Rules, or as provided in the YMC, the Hearing Officer shall hear all offered testimony and receive all offered documentary evidence relevant to determine whether the particular application (capital improvement, reduction or decrease in services or amenities, of -net operating income pt♦ fair return adjustment) shall be granted under the YMC and these Administrative Rules.

7. Requests for Production of Evidence. The Hearing Officer or staffi-nen+bei -RA may -----------
request the attendance of witnesses and/or the production of books or other documents by proponents, opponents or their interested parties during the course of the hearing or any other matter pending before the Hearing Officer (including at any point in time after an application has been filed) if: (a) the evidence sought would be helpful or necessary to the Hearing Officer's determination as to whether the applicant is entitled to the relief requested; or (b) the evidence would be helpful or necessary to the Hearing Officer's exercise of his/her powers or duties.

If any evidence requested by the Hearing Officer or staff member RA is not available at the time of the hearing or other proceeding before the Hearing Officer, the hearing or other proceeding may be continued pursuant to Section 1.0007(D) to allow time for the production of evidence or witnesses sought.

E. Adjournment; Continuances. Any hearing being held, noticed, or ordered to be held by the Hearing Officer may be adjourned or continued to another date and time upon the consent of the applicant and the opponents, or upon a finding of good cause by the Hearing Officer.

Notice of adjournment or continuance shall be posted in conformity with Government Code Mobilehome Park Administrative Rules, Resolution No. 20254-4446 Page 6 Commented [K79]: Item No. 8N - Clarifying language
Commented [MO]: Item No 8L - Clarifying language
Commented [K] 11]: Item No. 80 - Clarifying language
07/28/2025 City Council Agenda
321

Sections 54955 and 54955.1: provided that, if the hearing is continued to a time less than twenty- four (24) hours after the time specified in the order of hearing, a copy of the order or notice of continuance shall be posted outside the meeting room immediately following the 1:ieetingl-hearing at which the order of continuance was made.

G. Decision. The Hearing Officer shall consider all evidence properly presented in+ accordance with the YMC, these Administrative Rules, and any supplemental rules adopted by the City, and shall articulate, his or her findings of fact, reasoning. and conclusions for their -his or her decision on all issues, and shall issue a written decision or determination concerning the application. Said decision shall include findings of fact and conclusions based upon those findings of fact. The decision shall include the determination of the maximum allowable rent for each affected mobilehome space.

2. Determine whether, in light of the record, "substantial evidence" exists to support the RA decision;

3. Determine whether the findings set forth in the RA decision that is the subject of the appeal, is supported by the evidence;

5. Make any further findings and determinations, which the Hearing Officer determines to be reasonable and necessary in deciding the appeal.

B. Final Decision. At the conclusion of the appeal hearing, the Hearing Officer shall issue a elutie4Decision setting forth his or her decision in writing, including the basis for its ruling, and referencing the limitations period set forth in California Code of Civil Procedure Section 1094.6. The decision of the Hearing Officer shall be final on the date that the RA mails, by first-class mail, postage prepaid, a copy of the Hearing Officer's Resolution Decision setting Mobilehome Park Administrative Rules, Resolution No. 20254-4456

Page 7 ends

Yucaipa City CouncilJuly 28, 2025

Yucaipa City Council
July 28, 2025