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Ventura County Mobile Home Park Rent Review Board Meeting Agenda County of Ventura • Resource Management Agency • Planning Division 800 S. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • ventura.org/rma/plannini

Wednesday, February 24, 2016 at 1:00 p.m.

All interested persons are invited to attend and be heard at a public hearing to be held by the Ventura County Mobile Home Park Rent Review Board at the date and time noted above at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room.

Consideration will be given only as noted to the following:

Annual Meeting

1. Call to Order

2. Flag Salute

3. Approval of Minutes August 17, 2015 Meeting September 9, 2015 Meeting November 16, 2015 Meeting

4. Certificate of Appreciation to William Carpenter Presentation by Chair Richard Francis

5. Presentation of Board of Supervisors' Resolution to Merle and Betty Pitman Presentation by Supervisor Steve Bennett's Office

6. Election of Officers For Chair and Vice Chair

7. Public Comment on concerns within the authority of the County Rent Control Ordinance This time is set aside for public comment on items not otherwise on the Agenda, but within the purview of the board; comment on all other items will be taken in the order shown on the agenda.

8. Review and Adopt proposed administrative amendments to Rent Review Board Resolution No. 97-287 (Administrative Rules Governing Service Reduction Procedures) for the purpose of correcting typographical errors and updating the text to be consistent with the current Mobile Home Park Rent Control Ordinance Presentation by Staff

9. Comments from Rent Review Board Members

Ventura County Mobile Home Park

Rent Review Board Meeting AgendaCounty of Ventura' Resource Management Agency' Planning Division800 S. Victoria Avenue, Ventura, CA %m9-1740'(805) 654-2478'ventura.org/rm

Wednesday, February 24,2016 at l:00 p.m.

All interested persons are invited to attend and be heard at a public hearing to be held by theVentura County Mobile Home Park Rent Review Board at the date and time noted above at theVentura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA93009, Third Floor, Multipurpose Room.

Consideration will be given only as noted to the following:

Annual Meeting

Call to Order

Flag Salute

Approval of MinutesAugust 17, 2015 MeetingSeptember 9, 2015 MeetingNovember 16, 2015 Meeting

Certificate of Appreciation to William CarpenterPresentation by Chair Richard Francis

Presentation of Board of Supervisors' Resolution to Merle and BettyPitmanPresentation by Supervisor Steve Bennett's Office

Election of OfficersFor Chair and Vice Chair

Public Comment on concerns within the authority of the County RentControl OrdinanceThis time is set aside for public comment on items not othenruise on theAgenda, but within the purview of the board; comment on all other itemswill be taken in the order shown on the agenda.

Review and Adopt proposed administrative amendments to Rent ReviewBoard Resolution No. 97-287 (Administrative Rules Governing ServiceReduction Procedures) for the purpose of correcting typographical errorsand updating the text to be consistent with the current Mobile Home ParkRent Control OrdinancePresentation by Staff

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9. Comments from Rent Review Board Members

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10. Comments from staff Update on Ongoing Issues

11. Meeting Adjournment

Next meeting date: Wednesday, May 25, 2016, 1:00 p.m., at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room.

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT FRANCA ROSENGREN, AT 805-654-2045. REASONABLE ADVANCE NOTIFICATION OF THE NEED FOR ACCOMMODATION PRIOR TO THE MEETING (48 HOURS ADVANCE NOTICE PREFERRED) WILL ENABLE US TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

10. Comments from staffUpdate on Ongoing lssues

11. MeetingAdjournment

Next meeting date: Wednesday, May 25,2016,1:00 p.m., at the Ventura County GovernmentCenter, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor,Multipurpose Room.

IN COMPLIANCE WITH THE AMERIGANS WITH DISABILITIES ACT, IF YOU NEED SPECIALASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT FRANCAROSENGREN, AT 805-654-2045. REASONABLE ADVANCE NOTIFICATION OF THE NEEDFOR ACCOMMODATTON pRtOR TO THE MEETING (48 HOURS ADVANCE NOTICEPREFERRED) WILL ENABLE US TO MAKE REASONABLE ARRANGEMENTS TO ENSUREACCESSIBILITY TO THIS MEETING.

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Ventura County Mobile Home Park Rent Review Board County of Ventura • Resource Management Agency • Planning Division 800 S. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • ventura.org/rma/planning

Meeting Minutes August 17, 2015

Board Members Present: Richard Francis, Chair William Carpenter, Vice Chair Brent Rosenbaum Tom Hundley

County Staff Present: Franca Rosengren, Planning Division Tricia Maier, Planning Division

1 1:05 P.M. HEARING CALLED TO ORDER By Chair Richard Francis

2. FLAG SALUTE

3. INTRODUCTION OF NEW RENT REVIEW BOARD MEMBERS

4. APPROVAL OF MAY 18, 2015 MINUTES

5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA The following individuals provided public comment:

Merle Pitman, Resident of Ojai Villa Mobile Home Park Betty Pitman, Resident of Ojai Villa Mobile Home Park Steve Offerman, Representing Supervisor Steve Bennett's Office

Merle Pitman commented that the park manager of the Ojai Villa Mobile Home Park has indicated to the residents of the mobile home park that the individual ramps in the mobile home park have not been constructed to code and require state approval. Mr. Pitman mentioned that the existing ramps are legal, but any proposed ramps would need to get permits through the state. Chair Francis stated that it is important to obtain permits from the state. Chair Francis also explained to the new Rent Review Board members that all building permits for construction within a mobile home park are obtained through the state Housing and Community Development Department and not through the local building and safety department.

Ventura County Mobile Home Park Rent Review BoardCounty of Ventura' Resource Management Agency' Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740' (805) 654-2478' ventura.org/rm

Meeting MinutesAugust 17,2015

Board Members Present: Richard Francis, ChairWilliam Carpenter, Vice ChairBrent RosenbaumTom Hundley

County Staff Present Franca Rosengren, Planning DivisionTricia Maier, Planning Division

1:05 P.M. HEARING CALLED TO ORDERBy Chair Richard Francis

FLAG SALUTE

INTRODUCTION OF NEW RENT REVIEW BOARD MEMBERS

APPROVAL OF MAY 18. 2015 MINUTES

PUBLIC COM NTS ON ITEMS NOT ON THE AGENDAThe following individuals provided public comment:

Merle Pitman, Resident of Ojai Villa Mobile Home ParkBetty Pitman, Resident of Ojai Villa Mobile Home ParkSteve Offerman, Representing Supervisor Steve Bennett's Office

Merle Pitman commented that the park manager of the Ojai Villa Mobile HomePark has indicated to the residents of the mobile home park that the individualramps in the mobile home park have not been constructed to code and requirestate approval. Mr. Pitman mentioned that the existing ramps are legal, but anyproposed ramps would need to get permits through the state. Chair Francis statedthat it is important to obtain permits from the state. Chair Francis also explainedto the new Rent Review Board members that all building permits for constructionwithin a mobile home park are obtained through the state Housing and CommunityDevelopment Department and not through the local building and safetydepartment.

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August 17, 2015 RRB Minutes Page 2 of 2

Betty Pitman stated that the units in the Ojai Villa are closer together than other mobile home parks and, therefore, it is difficult to comply with the state's ramp requirements. Chair Francis stated that the residents either must comply with the state's ramp requirements or not have a ramp at all.

Steve Offerman informed the Rent Review Board that the state has assigned an inspector to the County who is locally based so it should be easier now for residents and park owners to obtain permits.

6. ANNOUNCEMENT OF RESIGNATION OF CERTIFICATE OF APPRECIATION FOR RENT REVIEW BOARD MEMBER EDWARD BUCKLE Chair Francis presented Edward Buckle with a Certificate of Appreciation for his 12 years of service on the Rent Review Board. Edward Buckle thanked the Planning Division staff and the Rent Review Board members. Merle Pitman praised Edward Buckle's service on the Rent Review Board.

7. ELECTION OF OFFICERS Motion by Board member Carpenter to nominate Mr. Francis as Chairman. Motion was seconded and passed. Motion by Board member Francis to nominate Mr. Carpenter as Vice Chairman. Motion was seconded and passed.

8. TRAINING SESSION FOR RRB MEMBERS Assistant County Counsels Jeffrey Barnes and Charmaine Buehner provided a powerpoint presentation on the Brown Act and Conflict of Interest Laws (Exhibit A) to the Rent Review Board.

9. COMMENTS FROM RENT REVIEW BOARD MEMBERS Board member Carpenter announced his resignation and stated that his final Rent Review Board meeting will be in November.

10. COMMENTS FROM STAFF Ms. Rosengren announced that there is a tentative hearing date scheduled on September 9, 2015 for the El Sereno Mobile Home Park's Utility Separation Application.

11. MEETING ADJOURNMENT The meeting was adjourned at 2:10 p.m. The next meeting is scheduled for Monday, November 16, 2015 at 1:00 p.m. at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room.

Exhibit A — Powerpoint Presentation Ralph Brown Act Opening Meeting Law

August 17,2015 RRB MinutesPage 2 of 2

Betty Pitman stated that the units in the Ojai Villa are closer together than othermobile home parks and, therefore, it is difficult to comply with the state's ramprequirements. Chair Francis stated that the residents either must comply with thestate's ramp requirements or not have a ramp at all.

Steve Offerman informed the Rent Review Board that the state has assigned aninspector to the County who is locally based so it should be easier now forresidents and park owners to obtain permits.

6. ANNOUNCEMENT OF RESIG NATION OF CERTIFICATE OF APPRECIATION

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FOR RENT REVIEW BOARD MEMBER EDWARD BUCKLEChair Francis presented Edward Buckle with a Certificate of Appreciation for his12 years of service on the Rent Review Board. Edward Buckle thanked thePlanning Division staff and the Rent Review Board members. Merle Pitmanpraised Edward Buckle's service on the Rent Review Board.

ELECTION OF OFFICERSMotion by Board member Carpenter to nominate Mr. Francis as Chairman.Motion was seconded and passed. Motion by Board member Francis tonominate Mr. Carpenter as Vice Chairman. Motion was seconded and passed.

TRAINING SESSION FOR RRB MEMBERSAssistant County Counsels Jeffrey Barnes and Charmaine Buehner provided apowerpoint presentation on the Brown Act and Conflict of lnterest Laws (Exhibit A)to the Rent Review Board.

COMMENTS FROM RENT REVIEW BOARD MEMBERSBoard member Carpenter announced his resignation and stated that his final RentReview Board meeting will be in November.

10. COMMENTS FROM STAFFMs. Rosengren announced that there is a tentative hearing date scheduled onSeptember 9, 2015 for the El Sereno Mobile Home Park's Utility SeparationApplication.

11. MEETING RNMENTThe meeting was adjourned at 2:10 p.m. The next meeting is scheduled forMonday, November 16, 2015 at 1:00 p.m. at the Ventura County GovernmentCenter, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, ThirdFloor, Multipurpose Room.

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Exhibit A - Powerpoint Presentation Ralph Brown Act Opening Meeting Law

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RALPH BROWN ACT

OPEN MEETING LAW Gov'T CODE, § 54950 ET SEQ.

Presentation by Charmaine Buehner, Assistant County Counsel, Ventura County August 17, 2015 Ralph M. Brown 1959

Photo courtesy The Modesto Bee

{Ë-

r?=

RALPH BROWN ACT

OPEN MEETII\G L,IwGovT CooE, $ 54950 Er sne.

Presentation byCharmaine Buehner, AssistantCounty Counsel, Ventura CountyAugust 17, 2OI5 Ralph M. Brown 1959

Photo courtesy The Modesto Bee

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Government Code, § 54953. Meetings to be open and public; attendance it

(a) All MEETINGS of the LEGISLATIVE BODY of

a local agency shall be open and public, and

all persons shall be permitted to attend any

meeting of the legislative body of a local

agency, except as otherwise provided in this

chapter.

Government Code, S 5,4953. Meetingsto be open and public; attendance

(o) All MEETINGS of the IEGISIATIVE BODY ofo locol ogency shqll be open ond public, ondoll persons sholl be permitted to ottend onymeeting of the legislotive body of o locqlogency, except os otherwise provided in this

cho pter.

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I I

Governing Bodies

What is a "Legislative Body"?

Governing Body (Gov. Code, § 54952, subd. (a))

Subsidiary Body (Gov. Code, § 54952, subd. (b))

Ulhat is a s3Legislative Body"?E

Governing Body(Gov. Code, $ 54952, subd. (o))

Subsidiory Body(Gov. Cods $ 54952, subd. (b))

+Governing

Bodies

t: æ

7

What is a "Subsidiary Body"?

Any body created by charter, ordinance, resolution or other formal action of the Legislative Body

Regardless of whether it is temporary or permanent; advisory or decision making

Ulhat is a'osubsidiary Body"?

Any body created by charter, ordinance, resolutionor other formal action of the Legislative Body

Regardless of whether ¡t is temporary orpermanent; advisory or decision making

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One Big Exception:

Advisory committee comprised SOLEY of less than a quorum of the legislative body that created it AND not a standing committee.

(A standing committee is a committee with continuing jurisdiction over a matter OR a committee that has a fixed meeting schedule.)

One Big Exception:

Advisory committee comprised SOLEY of lessthan a quorum of the legislative body that created¡t AND not a standing committee.

(A standing committee is a committee withcontinuing jurisdiction over a matter OR acommittee that has a fixed meeting schedule.)

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What is a meeting?

A meeting is a congregation of a MAJORITY of the members of a legislative body at the SAME TIME AND PLACE to HEAR, DISCUSS OR DELIBERATE upon any item that is within the subject matter jurisdiction of the legislative body. (Gov. Code § 54952.2(a).)

lllhat is a meeting?

A meeting is a congregation of a MAJORITY ofthe members of a legislative body at the SAMETIME AND PLACE to HEAR, DISCUSS ORDELIBERATE upon any item that is within thesubject matter jurisdiction of the legislative body.(Gov. Code S 54952.2(a).)

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LOOPHOLES

I won't meet at the same place, I'll just telephone.

LOOPHOTES

I won't meet at the same place, I'll just telephorìe.

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LOOPHOLES -IMIMCm‘111

We won't meet with a majority, we'll meet one on one, and then pass it on.

LOOPHOTES

We won't meet with a majority, we'll meet one onone, and then pass ¡t on.

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LOOPHOLES

We won't meet at all, we'll do it by mail, or e-mail, or . . .

LOOPHOLES

We won't meet at all, we'll do ¡t by mail, or e-mail,OTI I I

E ma ¡r

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PLUGGING THE LOOPHOLES

Gov. Code § 54952.2

(b)(1) A majority of the members of

a legislative body shall not, outside a meeting authorized by this

chapter, use a series of

communications of any kind, directly

or through intermediaries, to discuss,

deliberate, or take action on any item of business that is within the

subject matter jurisdiction of the legislative body

PLUGGING THE IOOPHOLES

Gov. Code $ 54952.2

(b)(l ) A moiority of the members ofo legislotive body sholl not, outsideo meeting outhorized by this

chopter, use o series ofcommunicotions of ony kind, directlyor through intermediories, to discuss,

deliberotg or toke oction on onyitem of business thot is within thesubiect motter iurisdiction of thelegislotive body

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NO SERIAL MEETINGS ALLOWED 11

Daisy Chains

Hub and Spoke

NO SERIAL MEETINGS ATLOWED

Dqisy Choins

Hub ond Spoke

II

I

It

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I OTHER ISSUES

Agendas

Closed Sessions

Public Comment

Board Comment

Public Records

Elected Officials

Enforcement

1

OTHER ISSUES

Agendos

Closed Sessions

Boo rd Comment

Elected Officiols

Public Comment

Public Records

rÈ3,=-

Enforcement

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Questions and Discussion Questions and Discussion

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Ventura County Mobile Home Park Rent Review Board County of Ventura • Resource Management Agency • Planning Division 8005. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • ventura.org/rma/planninA

Special Meeting Minutes September 9, 2015

Board Members Present: Richard Francis, Chairman William Carpenter, Vice Chairman Tom Hundley Brent Rosenbaum

County Staff Present: Franca Rosengren, Planning Division Tricia Maier, Planning Division

1. 10:00 A.M. HEARING CALLED TO ORDER by Chair Francis

2. FLAG SALUTE

3. EL SERENO ESTATES MOBILE HOME PARK UTILITY SEPARATION Staff provided a power point presentation on the El Sereno Estates Mobile Home Park Utility Separation Application (Case No. MH15-0012), including the following recommended actions:

Planning Staff recommended that the Rent Review Board take the following actions:

1. FIND that the application is complete, accurate and in compliance with the Ventura County Mobile Home Park Rent Control Ordinance No. 4462;

2. APPROVE a Utility Separation for water, sewer, and waste disposal services at the Park;

3. APPROVE a Service Reduction for the conversion of complimentary laundry services to coin-operated laundry services at the Park;

4. APPROVE a total monthly rent reduction of $86.53 per space at the Park, as summarized below:

a. $22.03 per space rent reduction for water utility cost; b. $55.06 per space rent reduction for sewer services cost; c. $8.29 per space rent reduction for trash services cost; and d. $1.15 per space rent reduction for laundry service cost;

5. APPROVE the proposed rent schedule for El Sereno Estates Mobile Home Park (Exhibit 11);

Ventura County Mobile Home Park Rent Review BoardCounty of Ventura' Resource Management Agency ' Planning Division800 S. Victoria Avenue, Ventura, CA 93Ø9-1740' (805) 654-2478'ventura.org/rma/plannin¿

Special Meeting MinutesSeptember 9,2015

Board Members Present: Richard Francis, ChairmanWilliam Carpenter, Vice ChairmanTom HundleyBrent Rosenbaum

County Staff Present: Franca Rosengren, Planning DivisionTricia Maier, Planning Division

1 1O:00 A.M. HEARING CALLED TO ORDERby Chair Francis

FLAG SALUTE

EL SERENO ESTATES MOBILE HOME PARK UTILITY SEPARATIONStaff provided a power point presentation on the El Sereno Estates Mobile HomePark Utility Separation Application (Case No. MH15-0012), including the followingrecommended actions:

Planning Staff recommended that the Rent Review Board take the following actions:

1. FIND that the application is complete, accurate and in compliance with theVentura County Mobile Home Park Rent Control Ordinance No. 4462;

2. APPROVE a Utility Separation for water, sewer, and waste disposal servicesat the Park;

3. APPROVE a Service Reduction for the conversion of complimentary laundryservices to coin-operated laundry services at the Park;

4. APPROVE a total monthly rent reduction of $86.53 per space at the Park, assummarized below:

a. $22.03 per space rent reduction for water utility cost;

b. $55.06 per space rent reduction for sewer services cost;c. $S.29 per space rent reduction for trash services cost; andd. $1.15 per space rent reduction for laundry service cost;

5. APPROVE the proposed rent schedule for El Sereno Estates Mobile HomePark (Exhibit 11);

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6. APPROVE Resolution No. RRB15-001 (Exhibit 12); and, 7. SPECIFY that the Planning Division is the custodian, and 800 S. Victoria

Avenue, Ventura, CA 93009 is the location, of the documents and materials that constitute the record of proceedings upon which this decision is based.

The following individuals provided public comment on thiS item:

Richard Shafer, Resident of the El Sereno Mobile Home Park Daniel Tillotson, Resident of the El Sereno Mobile Home Park Merle Pitman, Representative of the Mobile Home Owner's Coalition Amy Miller, El Sereno Estates Park Owner's Representative

Board member Rosenbaum asked Ms. Miller if there was a different water purveyor now and whether or not there would be any increases in water charges due to the drought. Ms. Miller stated that she represents the Park Owner. She responded that the water purveyor would remain the same and explained that the water rates are unknown for the future and could change. Ms. Miller stated that she is very pleased with the staff report and that it includes all of the components that they asked for.

Mr. Tillotson provided the Rent Review Board with three documents: the El Sereno Estates Meeting notes from 9-8-15 (Exhibit A); analysis of the Park Owner's calculations, dated 9-9-15 (Exhibit B); and, 9-9-15 Comments (Exhibit C). Mr. Tillotson stated that he is a 13-year resident of the El Sereno Estates and a member of the El Sereno Estates Resident's Association (ESERA) board of directors. Mr. Tillotson read Exhibit B into the record and expressed that he does not believe that the residents will receive an equitable reduction in rent for the utility separations based on staff's presentation.

Chairman Francis asked staff when the new annual rent increase will go into effect. Ms. Rosengren answered that the rent increase will go into effect on October 1, 2015. Chairman Francis commented that the annual rent increases are predicated on a budget that includes a cost for utilities, since the Park Owner is currently providing utilities, and the Park Owner gets a 2 percent increase based on costs that they will not have. Ms. Maier stated that state law does not take that into consideration when providing the criteria for determining what the reduction will be.

Board member Hundley clarified that the 2 percent increase for the ensuing year is only 2 percent of the $85.00 utility fee, which is $1.75 per space. Chairman Francis stated that the Rent Review Board must review the fairness of the annual 2 percent rent increase in October 2015 on utilities that are no longer being collected.

Page 2 of 4

6. APPROVE Resolution No. RRB15-001 (Exhibit 12); and,T . SpECIFY that the Planning Division is the custodian, and 800 S. Victoria

Avenue, Ventura, CA 93009 is the location, of the documents and materialsthat constitute the record of proceedings upon which this decision is based'

The following individuals provided public comment on thib item:

Richard Shafer, Resident of the El sereno Mobile Home ParkDaniel Tillotson, Resident of the El sereno Mobile Home ParkMerle Pitman, Representative of the Mobile Home Owner's CoalitionAmy Miller, El Sereno Estates Park Owner's Representative

Board member Rosenbaum asked Ms. Miller if there was a different water purveyornow and whether or not there would be any increases in water charges due to thedrought. Ms. Miller stated that she represents the Park Owner. She respondedthat the water purveyor would remain the same and explained that the water ratesare unknown for the future and could change. Ms. Miller stated that she is verypleased with the staff report and that it includes all of the components that theyasked for.

Mr. Tillotson provided the Rent Review Board with three documents: the El SerenoEstates Meeting notes from 9-8-15 (Exhibit A); analysis of the Park Owner'scalculations, daled 9-9-15 (Exhibit B); and, 9-9-15 Comments (Exhibit C). Mr'Tillotson stated that he is a 13-year resident of the El Sereno Estates and amember of the El Sereno Estates Resident's Association (ESERA) board ofdirectors. Mr. Tillotson read Exhibit B into the record and expressed that he doesnot believe that the residents will receive an equitable reduction in rent for the utilityseparations based on staff's presentation.

Chairman Francis asked staff when the new annual rent increase will go into effect'Ms. Rosengren answered that the rent increase will go into effect on October 1,

2015. Chairman Francis commented that the annual rent increases are predicatedon a budget that includes a cost for utilities, since the Park Owner is currentlyproviding ut¡lities, and the Park Owner gets a 2 percent increase based on costsinat tney will not have. Ms. Maier stated that state law does not take that intoconsideiation when providing the criteria for determining what the reduction willbe.

Board member Hundley clarified that the 2 percent increase for the ensuing yearis only 2 percent of the $85.00 utility fee, which is $1.75 per space. ChairmanFrancis stated that the Rent Review Board must review the fairness of the annual2 percent rent increase in October 2015 on utilities that are no longer beingcollected.

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Mr. Tillotson commented that the applicant has proposed a 20 percent deduction for water and trash but not for the sewer. He further explained that 100 percent of the sewer fee has been passed through to the residents.

Merle Pitman stated that he does not reside in the El Sereno Mobile Home Park but is representing the members of the Mobile Home Owners Coalition who live in this park. Mr. Pitman asked the Rent Review Board whether the tenants will be charged for the use of the individual water meters after they have been installed in addition to paying for water usage. Mr. Pitman stated that other park owners have charged the tenants for the use of the water meters and for water use. Chair Francis asked staff whether or not this is acceptable. Ms. Maier responded that staff is unaware of a separate fee for the individual water meters and deferred the question to Ms. Miller, the park owner's representative.

Chair Francis asked Ms. Miller if she had anything to add to the discussion. Ms. Miller clarified that there will not be a separate water meter fee and that the sewer fee is per dwelling unit, which is set by the sewer district. Ms. Miller clarified that the sewer charges are currently being paid for by the park owner and after the utility separation application goes into effect, the tenants will be responsible for paying the sewer fees. She added that the park owner will pay for the sewer fees directly related to the common areas. Chair Francis commented that he understands the procedure.

Board member Hundley clarified that after the tenants pay the $54 for sewer fees, the park will be charged an additional amount for their sewer use. Ms. Miller agreed. Richard Shafer stated that he resides at the El Sereno Mobile Home Estates at Space No. 44 and that when he first moved in the park owner explained that the rent included utilities. Mr. Shafer requested more time to review the Mobile Home Park Residency Law to determine whether or not there are any laws that pertain to the separation of the utilities before the Rent Review Board makes a determination on the utility separation application. Mr. Shafer stated that there is a bad sewer problem at the mobile home park and he is upset with what is happening at the mobile home park. Mr. Shafer stated that he believes that the utility separation application should have been disclosed to the tenants that just moved into the mobile home park by the park owner.

Chair Francis questioned Ms. Miller about the timing of the sewer repair. Ms. Miller responded that there have been sewer issues at the mobile home park in the past, but the park owner has recently cleaned out the sewer lines of the entire park. Chair Francis commented that he would not be in favor of the tenants paying for any unresolved sewer problems after the separation of the sewer fees. Ms. Miller stated that the sewer issues have been repaired and that the park owner would repair any future sewer problems within the park.

Page 3 of 4

Mr. Tillotson commented that the applicant has proposed a 20 percent deductionfor water and trash but not for the sewer. He further explained that 100 percent ofthe sewer fee has been passed through to the residents.

Merle Pitman stated that he does not reside in the El Sereno Mobile Home Parkbut is representing the members of the Mobile Home Owners Coalition who live inthis park. Mr. Pitman asked the Rent Review Board whether the tenants will becharged for the use of the individual water meters after they have been installed inaddition to paying for water usage. Mr. Pitman stated that other park owners havecharged the tenants for the use of the water meters and for water use. ChairFrancis asked staff whether or not this is acceptable. Ms. Maier responded thatstaff is unaware of a separate fee for the individual water meters and deferred thequestion to Ms. Miller, the park owner's representative.

Chair Francis asked Ms. Miller if she had anything to add to the discussion. Ms.Miller clarified that there will not be a separate water meter fee and that the sewerfee is per dwelling unit, which is set by the sewer district. Ms. Miller clarified thatthe sewer charges are currently being paid for by the park owner and after theutility separation application goes into effect, the tenants will be responsible forpaying the sewer fees. She added that the park owner will pay for the sewer feesdirectly related to the common areas. Chair Francis commented that heunderstands the procedure.

Board member Hundley clarified that after the tenants pay the $54 for sewer fees,the park will be charged an additional amount for their sewer use. Ms. Milleragreed. Richard Shafer stated that he resides at the El Sereno Mobile HomeEstates at Space No. 44 and that when he first moved in the park owner explainedthat the rent included utilities. Mr. Shafer requested more time to review the MobileHome Park Residency Law to determine whether or not there are any laws thatpertain to the separation of the utilities before the Rent Review Board makes adetermination on the utility separation application. Mr. Shafer stated that there isa bad sewer problem at the mobile home park and he is upset with what ishappening at the mobile home park. Mr. Shafer stated that he believes that theutility separation application should have been disclosed to the tenants that justmoved into the mobile home park by the park owner.

Chair Francis questioned Ms. Miller about the timing of the sewer repair. Ms. Millerresponded that there have been sewer issues at the mobile home park in the past,but the park owner has recently cleaned out the sewer lines of the entire park.Chair Francis commented that he would not be in favor of the tenants paying forany unresolved sewer problems after the separation of the sewer fees. Ms. Millerstated that the sewer issues have been repaired and that the park owner wouldrepair any future sewer problems within the park.

Page 3 of 4

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Rent Review Board Deliberation and Vote: After some discussion, Board member Hundley moved to approve staff's recommended actions. Seconded by Mr. Rosenbaum. Motion passed 4-0.

4. MEETING ADJOURNMENT The meeting was adjourned at 11:10 a.m. The next meeting is scheduled for Monday, November 16, 2015 at 1:00 p.m. at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room.

Exhibits:

Exhibit A — 9-8-15 El Sereno Estates Residents Association Meeting Notes Exhibit B — 9-9-15 Daniel Tillotson's Analysis of Park Owner's Calculations Exhibit C — 9-9-15 Daniel Tillotson's Comments

Page 4 of 4

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Rent Revi Board Deliberatio and Vote:After some discussion, Board member Hundley moved to approve staff'srecommended actions. Seconded by Mr. Rosenbaum. Motion passed 4-0

MEETING ADJOURNMENTThe meeting was adjourned at11:10 a.m. The next meeting is scheduled forMonday, November 16, 2015 at 1:00 p.m. at the Ventura County GovernmentCenter, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, ThirdFloor, Multipurpose Room.

Exhibits:

Exhibit A - 9-8-15 El Sereno Estates Residents Association Meeting NotesExhibit B - 9-9-15 Daniel Tillotson's Analysis of Park Owner's CalculationsExhibit C - 9-9-15 Daniel Tillotson's Comments

Page 4 of 4

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UTILITY SEPARATION ESERA MEETING

09-08-15 DKT COMMENTS

I - APPLICATION EXPLANATION

1 - The Utility Separation is being done fully within the applicable State and County Ordinances. 2 - The Utility Separation WILL happen - Residents have no choice in IF - 3- Residents DO have opportunity to impact the Rent Reduction values and how they are instituted. 4- Notice to Residents was on Aug 29 . The legal wait period is 90 Day . Change can begin Dec 1st 5- Once meters are installed, the split cannot be reversed 6- Whatever water is metered at the Resident's rented site will be billed to the Resident 7- Actual Utility Billings were used in determing the proposed rent reductions 8 - El Sereno Estates and one other MHP are the only MHPs that have not instituted separated billing 9 - It is expected that separation of the utilities for individual Resident site will result in an additional change (reduction or increase) in the monthly total site expense due to differences in water use -though such differnces should not be major. 10 - It is important to understand that this change is ONLY to separate the billings from the UTILITY COMPANIES (So. Calif. Edison, Ventura Couty Sewer, Harrison Waste Disposal, The Gas Co.) for their services and does not change the MHP Owners's responsibility to properly maintain and operate the equipment and facilities located on the MHP site to deliver those services.

II - OWNER'S RENT REDUCTION PROPOSAL CRITERIA

1 - Water: 80% use by Residents Based on published use in other MHPs 2 - Sewer: 100% use by Residents Assumes Pool & Clubhouse have no impact 3- Trash: 80% use by Residents Assumes impact is compact to Water 4 - Laundry: Rent Reduction Eliminate $1.15/mo Subsidy for each Resident

Only 7 current Laundry Users = $103.50 / mo. $103.50 / 7 = $14.79 / mo per user

5 - Laundry: Expected New Charge Wash Dry Total $/Mo. Wash Dry $0.50/1d $0.50/1d

Cost/Wk 4 lds / 2 lds $2.00 / D $1.00 $3.00 $13.00 Cost/Wk 3 lds / 2 lds $1.50 / D $1.00 $2.50 $10.83 Cost/Wk 2 lds / 2 lds $1.00 / D $1.00 $2.00 $ 8.67

III - RESIDENTS' RENT REDUCTION PROPOSAL CRITERIA Water: 96% use by Residents Based on actual measurements and calculations Sewer: 100% use by Residents Cannot be metered - can't separate MHP billing Trash: 96% use by Residents Cannot be metered - can't separate MHP billing Laundry No Longer Subsidized by all Residents - Paid by users only

IV - COMMENTS: 1 - Sewer and Trash cannot be metered by individual Resident. Though both vary significantly according to individual Resident, the respective agencies charge a fixed rate by dwelling unit.

Sewer: The Owner proposes to assign 100% of the Sewer costs to be distributed equallly over the 90 Resident sites. That results in an initial maximum rent reduction allowance, but establishes that all future billings from the Sewer Dept, which includes that expense arolicable to the Pool and Clubhouse. will continue to be subsidized by the 90 resident sites

,>citIN6-f— A

UTILITY SEPARATIONESERA MEETING

09-08-15DKT COMMENTS

I - APPLICATION EXPLANATION

I - The Utility Separation is being done fully within the applicable State and County Ordinances.2 -Tllre Utility Separation WILL happen - Residents have no choice in IF -3- Residents DO have opportunity to impact the Rent Reduction values and how they are instituted.4- Notice to Residents \ /as on Aug 29 - T}:re legal wait period is 90 Day . Change can begin Dec lst5- Once meters are installed, the split cannot be reversed6-'Whatever water is metered at the Resident's rented site will be billed to the Resident7- Actual Utility Billings were used in determing the proposed rent reductionsI - El Sereno Estates and one other MHP are the only MHPs that have not instituted separated billing9 - It is expected that separation of the utilities for individual Resident site will result in an additionalchange (reduction or increase) in the monthly total site expense due to differences in water use -though such differnces should not be major.10 - It is important to understand that this change is ONLY to separate the billinss from theUTILITY COMPANIES (So. Calif. Edison, Ventura Couty Sewer, Harison Waste Disposal, TheGas Co.) for their services and does not change the MHP Owners's responsibility to properlymaintain and operate the equipment and facilities located on the MHP site to deliver those services.

II - OWNER'S RENT REDUCTION PROPOSAL CRITERIA

I -'Water: 80o/o use by Residents Based on published use in other MHPs2 - Sewer: I00% use by Residents Assumes Pool & Clubhouse have no impact3- Trash: 80% use by Residents Assumes impact is compact to \ü/ater

4 - Laundry: Rent Reduction Eliminate $1.15/mo Subsidy for each ResidentOnly 7 current Laundry Users: $103.50 / mo.$103.50 / 7 : $14.79 / moper user

5 - Laundry: Expected New Charge WashWash Dry $0.50/1d

Cost/Wk 4ldsi2lds $2.00/DCost/Wk 3 lds / 2lds $1.50 / DCost/Wk 2lds /2lds $1.00 / D

Dry$0.sO/ld$1.00$1.00$1.00

Total $AvIo

$3.00$2.s0$2.00

$13.00$10.83$ 8.67

III - RESIDENTS'RENT REDUCTION PROPOSAL CRITERIAWater: 96Youse by Residents Based on acfual measurements and calculationsSçwer: 100% use by Residents Cannot be metered - can't separate MHP billingTrash: 960/ouse by Residents Cannot be metered - can't separate MHP billingLaundry No Longer Subsidized by all Residents - Paid by users only

IV - COMMENTS:1 - Sewer and Trash cannot be metered by individual Resident. Though both vary significantlyaccording to individual Resident, the respective agencies charge a fixed rate by dwelling unit,

Sewer: The Owner proposes to assign 100% of the Sewer costs to be distributed equalllyover the 90 Resident sites. That results in an initial mærimum rent reduction allowance, butestablishes that all future billings from the Sewer Dept, which includes that expense

applicable to the Pool and Clubhouse. will continue to be subsidized bv the 90 resident sites -

F>l^çtA22

POOL LGTH 32.00 FT WIDTH 16.00 FT DEPTH A 3.00 FT DEPTH B 6.00 FT TOT POOL VOL 2,300 FT'

The common "RULE OF THUMB" for pool evaporation is 0.25 6

6

LOSS / DAY 10.67 FT3/DAY @ 0.25 IN / DAY

LOSS / DAY 21.33 FT3/DAY @ 0.50 IN / DAY

ANNUAL LOSS 1,947 FT3 = 20 HCF / YR ANNUAL LOSS 3,893 Fr = 39 HCF / YR

TOT ANN LOSS 5,840 FT 59 HCF / YR

SUMMARY TOTAL

100%

PROPOSALS OWNER RESIDENTS

OPT #1 OPT #2

WATER 27.53 22.03 26.44 26.44 SEWER 55.06 55.06 52.86 55.06 TRASH 10,37 8.29 9.95 10.37

LAUNDRY 1.82 1.15 1.82 1.82.

TOTAL 94,78 86.53 91.07 93.6E

WATER - use can be metered and billed individually SEWER & TRASH - use cannot be metered individually

LAUNDRY - use will be paid by users only

MONTHLY WATER USAGE (CU.FT.) & COST 70,000

'111_1111 10,000 1111

60,000 - . -

50,000

40,000 8 Series1

30,000 ■• Series2 I

20,000 -L 1 0

-1

LAUNDRY USERS

7 LDS / WEEK

3 GAL/LOAD

45 GAL/YR

945 Fr' / rR

7,069 FT3 @

7.4805 FT3 / GAL HCF/YR

71 HCF / YR

CLUBHOUSE A reasonable MAXIMUM water use would be equivalent to 100% of a SINGLE MH unit

EL SERENO ESTATES MOBILEHOME PARK - UTILITY SEPARATION REVIEW - PROPOSED RENT REDUCTION TOTAL ANNUAL MHP "BILLED" WATER USE 567,900 FT3 90

Prepared by DANIEL TILLOTSON - El Sereno Estates Resident - Spc #64 9/8/2015

WATER USE & EXPENSE % of Fr'ispc @

PERIOD FT3 $ $/FT3

AUG 2014 63,200 2,939.83 0.0465163 SEP 62,500 2,998.28 0.04797248 OCT 52,200 2,389.37 0.04577337 NOV 45,000 2,049,53 0,04554511 DEC 38,700 1,810.85 0.04679199

IN / DAY JAN 2015 34,000 1,841.13 0.05415088 MOS FEB 36,300 1,943.02 0.05352672

MOS MAR 42,200 2,204.39 0.05223673 APR 46,600 2,399.31 0.05146734

MAY 47,700 2,448.04 0.05132159 JUN 52,500 3,526.70 0.06717524

JUL 47,000 3,184.54 0.06775617

567,900 29,734.99 0.05235955

12 mo avg 96%

88.84% 674

91,62% 666 87.42% 556 86.99% 480 89.37% 412

103.42% 362 102.23% 387

99,77% 450 98.33% 497

98.02% 508 126.30% 560

129.41% 501

Thus the Clubhouse would be treated as UNIT #91

TOTAL MHP EXCL POOL & LAUNDRY 554,991 FT3 / YR FT3 / YR

MH unit

AUG SEP 2014

OCT NOV DEC JAN FEB 2015

EXPENSE

SEWER

MAR APR MAY JUN JUL

ANN MAX USE 91 UNITS 60

COMMON YARD AREA The only areas being watered are the grass adjacent to Unit #28 and at the Clubhouse A reasonable MAXIMUM water use would be equivalent to 25% of a SINGLE

PERIOD

TRASH EXPENSE

LAUNDRY MOBILEHOME PARK WASH DRY TOTAL

AUG 2014 4,943.12 1,074.14 Meiners Oaks 0.75 0.25 1.00 TOTAL MHP EXCL POOL & LAUNDRY & CLUBHOUSE 548,892 FT3 / YR SEP 4,943,12 844.54 Ojai Valley Estates 1,25 1.25 2.50

ANN MAX USE 90 UNITS 25% 1,525 FT3 / YR OCT 4,943.12 902.70 DelFrancia Mobile Estates 1.00 1.00 2.00 NOV 4,943.12 902.70 Golden Oaks Mobile Estates 1.25 0.75 2.00

WATER SUMMARY FT3 I YR % OF TOT DEC 4,943.12 902.70 Mira Vale Mobilehome Park 1,25 1.00 2.25

TOTAL MHP 567,900 JAN 2015 4,943.12 932.54 Ojai Oaks Village 1.00 0.50 1.50 FEB 4,943.12 932.54 Ojai Villa Mobile Estates 0.75 0.75 1.50

POOL 5,840 1.03% MAR 4,943.12 932.54 TOTALS PER MONTH $7.25 $5.50 $12.75 LAUNDRY 7,069 1.24% APR 4,943.12 932.54 AVG SUBSIDY / ALL RESIDENTS $1.04 $0.79 p six CLUBHOUSE 6,099 1.07% MAY 4,943.12 932.54 YARD AREAS 1,525 0.27% JUN 4,943.12 932.54 How the above average LAUNDRY costs are derived is not determined.

TOTAL ANNUAL GENERAL WATER USE 20,533 3.62% JUL 5,092.12 973.05 They are the allocations used by the MHPs listed,

TOTAL ANNUAL RESIDENT WATER USE 547,367 96.38% $59,466.44 $11,195.07 There are only 7 El Sereno Estates residents using the Laundry 100.00% resident use $27.53 $55.06 $10.37 Coin-Operated costs proposed by ESE Owners are:

Rent Allocation Proposed by Owner @ 80.00% resident use $22.03 $44,05 $8.29 Wash $0.50 per load Rent Allocation Proposed by Residents @ 96.00% resident use 161$26.43 IMPROM61 $9.95 Dry $0.50 per load

The proposed rent allocation does not give any consideration to the fact that existing space rental rates already include proviision for a higher historical water volume use, while the proposed reductions are based on the current low volume water use. That difference is reflected in the above graph for the higher usage shown in AUG thru OCT of 2014, whereas the current year shows a significant decline in usage. Consequently, the proposed allocations still understate the truly equitable cost that should accrue to the residents

No provision is included to provide for such an adjustment, though it would increase the rent reduction even more than the proposed fkifer.43-1.

EL SERENO ESTATES MOBILEHOME PARK . UTILITY SEPARATION REVIEW - PROPOSED RENT REDUCTIONTOTAL ANNUAL MHP ''BILLED'' WATER USE 567,900 FÌJ 90 Prepared by DANIEL TILLOTSON - El Sereno Estates Resident - Spc #64 9t812015

POOLLGTH 32.00 FTwrDrH 16.00 FTDEPTH A 3-OO FÏDEPTH B 6.00 FTTorPooLVoL 2,300 FT3

The common'RULE OF THUMB" for pool evaporation is

Loss/DAy 10-67 Flr/DAY@ O.25 lN/DAYLoss/DAy 21.33 FT1DAY@ 0.50 lN/DAY

ANNUAL LoSS 1,947 Ff = 20 HCF / YRANNUAL LoSS 3,893 FT" = 39 HCF / YR

TorANNLossffi

LAUNDRYusERs 7LDS / WEEK 3cAL / LoAD 45GAL/YR 945Fri/YR 2,069 FT3 @ 7480s FT3/GALHCF/YR 71 HCF/YR

CLUBHOUSEA reâsoneble MAXIMIJM wâter use would be equivalent to 100% of â SINGLE MH unit

Thus the Clubhouæ would be treEted 8s UNIT*91

WATER USE & EXPENSE

PERIOD Fl¡ $ $, rrsAUG 2014 63,200 2,939 83 0 0465163sEP 62,500 2,99828 0.0/.797248ocT 52,200 2,389 37 004577337NOV 45,000 2,049 53 0 04554511

DEC 38,700 .1,810 85 0_04679199JAN 2015 34,000 1,841.13 0.05415088FEB 3ô,300 1,943.02 0 05352672

MAR 42,200 2,2U.39 0.05223673APR 46,600 2,399.31 0 05148734

MAY 47,700 2,448.04 005132159JUN 52,500 3,526.70 006717524

JUL 47,000 3,'184.54 0 06775617

567,900 29,734 99 0 05235955

MONTHLY WATER USAGE (CU-FT.) & COST

SUMMARY

WATERSEWERTRASHL.AUNDRY

TOTAL

TOTAL

@'too%27 5355 0ô10 37

182

PROPOSALSOWNER RESIDENTS

oPT#t oPT*222.03 2644 264455 06 52 86 55 06

8 29 9.95 10 371 15 1 82 1.82

94 78 86 53 91.07 93 69

0.256

6

IN / DAYMOS

MOS

1/o of nrlsec g

12 mo avg 96%

B8 U% 674I't 62Vø 66687.42o/o 55686 99% 4804937ø/" 412

'lO3 42o/o 362102230/o æ79977% 45098.33% 497

98 02% æ8'l283oo/o 560

129 4'lo/õ 5O1

WATER - use can be metered and billed ¡nd¡vìdually

SEWER & TRASH - use ænnot be metered ¡ndiv¡dually

LAUNDRY - use will be paid by users only

554,991 FT3i YR

6,099 FT3 / YR

548,892 FT3/YR1,525 FI+/YR

70,000

60,000

50,000

40,000

30,000

20,000

10,000

0

FT3 / YR % oF Tor567,900

tr Seriesl

I Ser¡es2

COMMON YARD AREAThe only areâs beìng wâtered âre the grass edjecenl to UnitlBS ând åt the Clubhou*A Éâsonâble MAXIMUM weler u* wuld be equ¡vâlent to 25% of e S¡NGLE MH un¡1

TOTAL MHP EXCL POOL & LAUNDRY

ANN MAXUSE 91 UNITS

TOTAL N¡HP EXCL POOL & LAUNDRY & CLUBHOUSE

ANN MAX USE 90 UNITS 25OK

WATER SUMMARY

AUG SEP OCT NOV DEC JAN FEB MAR APR I\¡AY JUN JUL2014 2015

SEWER TRASHPERIOD EXPENSE EXPENSE

LAUNDRY

CC

I__a'=>\$

AUG 2014

SEP

ocrNOV

DEC

JAN 2015FEB

l\,tAR

APRIVAYJUNJUL

4,943.12

4,943 12

4p43.'t24p43.12

4p43.12

4þ43.124,943124,943't24,943 124,943124,94312

$55.0ô$44 05

¡52.86

1,074_14

844_54

902 7090270

902.70

932 54932 54

932 54932 54932.54932.54

$10.37$8 29

se.95

MOBILEHOME PARK

Meineß OaksOjai Valley EstatesDelFranc¡a Mobile EstatesGolden Oaks Mobile Estates

lVira Valle Mob¡lehome Park

Ojai Oaks V¡llageOjai V¡lla Mobile Estates

TOTALS PER MONTHAVG SUBSIDY / ALL RES]DENTS

WASH DRY TOTAL

o.75't 25

1.001.25

0.251.25

100o75

100250200200

125'1.00

o.75

100

050075

z¿51.50150

IOTAL l\,lHP

POOL

LAIJNDRY

CLUEHOUSE

YARD AREAS

5,8407,0696,0991,525

20,533

u7,367100-00% resident use80.00% res¡dent use96.00% resident use

1 030k'l 24o/o

1 07Vo

o.27Vo

ó-O¿-/ø

96.38%$27 53$22 03

¡26.43

5,092 12 973.05

$59,466 44 $1't,195.07

$/.25 Þ5 5U $12,¡r5$1 04 $0 7e ¡1.82

How the above average LAUNDRY costs are derived is not determined.They are the allocations used by the MHPS listed

There are only 7 El Sereno Estates residents using the LaundryCo¡n-Operated æsts prcposed by ESE Owners are:

Wash $0.5(1 per loadDry $0.5{, perload

TOTAL ANNUAL GENERAL WATER USE

TOTAL ANNUAL RESIDENT WATER USE

Rent Allocåtion Proposed by Owner @Rent Allocat¡on Proposed by Residents @

Consequently, the proposed alloætions still understate the truly equ¡table cost that should accrue to the res¡dentsNo prov¡s¡on ¡s included to provide for such ån adjustment, tiough ¡t would ¡ncreese tìe rent reduct¡on even mor€ than the proposed $26,rß

23

UTILITY SEPARATION RENT REVIEW BOARD MEETING

09-09-15 DKT COMMENTS

GENERAL UTILITY SEPARATION

Regardless of when the Utility Separation occurs, or even whether it occurs or not, the MHP Residents have been and will continue to pay 100% of the Utility Costs. The issue is not whether they should do so. It is not the intent of the Residents to try to avoid doing so.

If they pay less than 100% as directly billed to them, they will still pay the remaining part through their monthly rent.

The issue at hand is whether the Residents will receive an equitable reduction in their rent when the Utility Separation becomes effective.

If the rent reduction is anything less than 100% of the amount provided in the ESTABLISHED rent at the time of the separation, then from that point on the Residents will effectively be paying for the actual billed charges PLUS whatever the difference is in the Rent Reduction and the Budgeted Expense

Budgeted Utilities 100 Actual Utilities 120 * Rent Reduction 85 Budget Retention 15 Budget Retention 15 Total 135

* Actual Utility expense will increase - see Water - Rate ($/100cf) for JUL 2015 is 120% of the 12 month avg used in the MHP Owner's proposal. In JUL 2015 the Sewer charge increased by 3% in and the Trash rate increased 4%.

Those increases have already been anticipated by the Owner in the proposed 2% general increase scheduled for October 1st.

Using the ACTUAL charges paid through July 2015 permanently understates the true rent reduction that should occur.

Reducing that amount to anything less than 100% permanently compounds that understatement, to the benefit of the Owner and the detriment of the Residents.

IMPACT ON NEW RESIDENTS

There are several new residents in the MHP who signed contracts indicating the inclusion of the utilities in their monthly rent - without an increase except the 2% that is scheduled for October 1. Nothing was said to them about this utility separation even though the Owner had to have been aware of the intention to do so.

In order to treat those Residents equitably, the Rent separation should be postponed until one year from the date of the most recent new Resident. All subsequent new Residents should be informed, by their contract, of the Owner's intent to effect the Utility Separation and the anticipated date for doing so.

UTILITY SEPARATIONRENT REVIEW BOARD MEETING

09-09-15DKT COMMENTS

GENERAL UTILITY SEPARATION

Regardless of when the Utilþ Separation occurs, or even whether it occurs or not, the MHP Residents havebeen and will continue to pay 100% of the Utility Costs. The issue is not whether they should do so. It isnot the intent of the Residents to try to avoid doing so.

If they pay less than 100% as directly billed to them, they will still pay the remaining part through theirmonthly rent.

The issue at hand is whether the Residents will receive an equitable reduction in their rent when the UtilityS eparation becomes effective.

If the rent reduction is anything less than 100% of the amount orovided in the ESTABLISHED rent atthetime of the separation, then from that point on the Residents will effectively be paying for the actual billedcharges PLUS whatever the difference is in the Rent Reduction and the Budgeted Expense

Budgeted UtilitiesRent ReductionBudget Retention

1008515

Actual Utilities 120 *

Budget Retention 15

Total 135

* Actual Utility expense will inqease - see Water - Rate ($/l00cf) for JUL 2015 is 120% of the 12

month avg used in the MHP Owner's proposal. In JUL 2015 the Sewer charge increased by 3o/o inand the Trash rate increased 4o/o.

Those íncreases have already been anticipated by the Owner in the proposed 2o/o genenl increase

scheduled for October 1st.

Using the ACTUAZ charges paid through July 2015 permanently understates the true rent reduction thatshould occur.

Reducing that amount to anything less than 100% pcfuanently-compounds that understatement, to thebenefit of the Owner and the detriment of the Residents.

IMPACT ON NEW RESIDENTS

There are several new residents in the MHP who signed contracts indicating the inclusion of the utilities intheir monthly rent - without an increase except bhe 2o/o that is scheduled for October 1. Nothing was said to

them about this utility separation even though the Owner had to have been aware of the intention to do so.

In order to treat those Residents equitably, the Rent separation should be posþoned until one year from the

date of the most recent new Resident. All subsequent new Residents should be informed, by their contract,

of the Owner's intent to effect the Utility Separation and the anticipated date for doing so.

Yr"$i* C-24

Ventura County Mobile Home Park Rent Review Board County of Ventura • Resource Management Agency • Planning Division 8005. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • ventura.org/nna/planning

Meeting Minutes November 16, 2015

Board Members Present: Richard Francis, Chair William Carpenter, Vice Chair Brent Rosenbaum Tom Hundley Chuck Eskew

County Staff Present: Franca Rosengren, Planning Division Tricia Maier, Planning Division

1 1:07 P.M. HEARING CALLED TO ORDER By Chair Richard Francis

2. FLAG SALUTE

3. INTRODUCTION OF NEW RENT REVIEW BOARD MEMBER Chair Francis and board members welcomed Chuck Eskew to the Rent Review Board.

4. COMMENTS FROM RENT REVIEW BOARD Chair Francis presented an issue that he encountered in dealing with the City of Ventura's Rent Stabilization Ordinance since it may affect the County's Rent Control Ordinance. Chair Francis explained that the rent stabilization liaison for the City of Ventura allowed pass-through costs of capital improvements to be added to the tenants' rent that are precluded by State law. Chair Francis clarified that any requested pass-through of capital improvement costs in the County's jurisdiction would need to come before the County's Rent Review Board in order to determine whether it is an appropriate pass-through and not a maintenance expense.

Chair Francis continued to explain that in the case of the City of Ventura, the pass-through costs were related to the maintenance of trees within the Patrician mobile home park, although this is not an allowed pass-through pursuant to State law since the year 2000. Chair Francis stated that he had dealt with a similar case involving a client who lived in the Siesta Mobile Home Park in the City of Ventura in which a tree in the park was lifting up her foundation and caused the mobile home to bend. Chair Francis clarified that the statute states that if a tree is located

Ventura County Mobile Home Park Rent Review BoardCounty of Venflrra'Resource Management Agency800 S. Victoria Avenue, Ventura, CA 93Ø9-1740'(805) 654-2478'

. Planning Divisionven tu ra. o rg/rm a/p I a n n i ng

1

Meeting MinutesNovember 16,2015

Board Members Present: Richard Francis, ChairWilliam CarPenter, Vice ChairBrent RosenbaumTom HundleYChuck Eskew

County Staff Present: Franca Rosengren, Planning DivisionTricia Maier, Planning Division

1:07 P.M. HEARING CALLED TO ORDERBy Chair Richard Francis

FLAG SALUTE

TRO FChair Francis and board members welcomed Chuck Eskew to the Rent ReviewBoard.

COMMENTS FROM RENT REVIEW BOARD¡r r@ that he encountered in dealing with the City of

Ventura's Rent Stabilization Ordinance since it may affect the County's RentControl Ordinance. Chair Francis explained that the rent stabilization liaison forthe City of Ventura allowed passthrough costs of capital imprwements to beadded io the tenants' rent that are precluded by State law. Chair Francis clarifiedthat any requested pass-through of capital improvement costs in the County'sjurisdiction would need to come before the County's Rent Review Board in orderio determine whether it is an appropriate pass-through and not a maintenanceexpense.

Chair Francis continued to explain that in the case of the City of Ventura, the pass-through costs were related to the maintenance of trees within the Patrician mobilenome- park, although this is not an allowed pass-through pursuant to State lawsince the year 2OO-0. Chair Francis stated that he had dealt with a similar caseinvolving á client who lived in the Siesta Mobile Home Park in the City of Venturain whicñ a tree in the park was lifting up her foundation and caused the mobilehome to bend. Chair Francis clarified that the statute states that if a tree is located

2.

3.

4

25

November 16, 2015 RRB Minutes Page 2 of 3

on the tenant's lot it is the financial responsibility of the tenant to correct the problem, unless it is a health and safety risk; otherwise, if the tree is located in other areas of the mobile home park, such as in common areas, it is the financial responsibility of the park owner and these expenses cannot be passed-through to the tenants. Chair Francis further stated that for the last four years or more these types of capital improvement pass-through rent increases have been occurring and there is no good procedure in the City's Ordinance to refund the inappropriate rent increases.

Chair Francis recommended that staff ask County Counsel to address this issue: if a pass-through is inappropriately approved, how does the County rectify this mistake? Chair Francis stated that he has a tentative meeting with the Mayor of the City of Ventura to deal with this issue as it relates to the City. Chair Francis wanted to alert the Board of Supervisors that these types of issues can occur since he is not aware of this issue being addressed in the County's Rent Control Ordinance.

Board member Eskew stated that the Conditional Use Permit for the mobile home park that he resides at within the City of Ventura includes a condition that the park owner is required to maintain the tree rows within the mobile home park. Board member Eskew continued that the City of Ventura authorized tree maintenance pass-through that were added to the tenants' rent for a five year period although it was not an appropriate pass-through. Board member Eskew added that this issue is currently being reviewed by the liaison of the City of Ventura.

Franca Rosengren alerted the Rent Review Board members to Section 81017 (Enforcement Costs and Penalties) of the County's Rent Control Ordinance which states that if the Board finds that a violation of the Ordinance has occurred such as an inappropriate rent raise, then the park owner may need to reimburse the tenants. In practice, the County has required refunds of inappropriate rent increases by park owners to mobile home owners in the past.

Chair Francis acknowledged William Carpenter's resignation and welcomed him back to the next Rent Review Board meeting in February 2016 for a certificate of appreciation for his service on the Rent Review Board.

5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA The following individuals provided public comment:

Merle Pitman, Resident of Ojai Villa Mobile Home Park Betty Pitman, Resident of Ojai Villa Mobile Home Park

Merle Pitman commented that he has worked with the new board member, Chuck Eskew, and that he is a fine gentleman and trustworthy. Mr. Pitman announced that this meeting is his 80th meeting at the Rent Review Board and he has only

November 16,2015 RRB MinutesPage 2 of 3

on the tenant's lot it is the financial responsibility of the tenant to correct theproblem, unless it is a health and safety risk; otherwise, if the tree is located inôtner areas of the mobile home park, such as in common areas, it is the financialresponsibility of the park owner and these expenses cannot be passed-through tothe tenants. Chair Francis further stated that for the last four years or more thesetypes of capital improvement pass-through rent increases have been occurring andt-here is no good procedure in the City's Ordinance to refund the inappropriate rentincreases.

Chair Francis recommended that staff ask County Counsel to address this issue:if a pass-through is inappropriately approved, how does the County rectify thismistake? Chaii Francis stated that he has a tentative meeting with the Mayor ofthe City of Ventura to deal with this issue as it relates to the City. Chair Franciswanted to alert the Board of Supervisors that these types of issues can occur sincehe is not aware of this issue being addressed in the County's Rent ControlOrdinance.

Board member Eskew stated that the Conditional Use Permit for the mobile homepark that he resides at within the City of Ventura includes a condition that the parkôwner is required to maintain the tree rows within the mobile home park. Boardmember Eskew continued that the City of Ventura authorized tree maintenancepass-through that were added to the tenants' rent for a five year period although itwas not an appropriate pass-through. Board member Eskew added that this issueis currently being reviewed by the liaison of the City of Ventura.

Franca Rosengren alerted the Rent Review Board members to Section 81017(Enforcement Costs and Penalties) of the County's Rent Control Ordinance whichòtate. that if the Board finds that a violation of the Ordinance has occurred suchas an inappropriate rent raise, then the park owner may need to reimburse thetenants. in practice, the County has required refunds of inappropriate rentincreases by park owners to mobile home owners in the past.

Chair Francis acknowledged William Carpenter's resignation and welcomed himback to the next Rent Review Board meeting in February 2016 for a certificate ofappreciation for his service on the Rent Review Board.

5 PUBLIC MENTS ON I NOT ON THE AGENDAThe following individuals provided public comment:

Merle Pitman, Resident of Ojai Villa Mobile Home ParkBetty Pitman, Resident of Ojai Villa Mobile Home Park

Merle Pitman commented that he has worked with the new board member, ChuckEskew, and that he is a fine gentleman and trustworthy. Mr. Pitman announcedthat this meeting is his 80th meeting at the Rent Review Board and he has only

26

November 16, 2015 RRB Minutes Page 3 of 3

missed one meeting in the last 20 years. He doesn't know how much longer he and Betty will be attending meetings since he is in his 80s. Mr. Pitman introduced the Rent Review Board to Liz Cole, who is the President of the Mobile Home Owners Coalition, and was seated in the audience. Mr. Pitman thanked the Rent Review Board members for their service and the Rent Review Board thanked Mr. Pitman for his perfect attendance.

COMMENTS FROM STAFF Ms. Rosengren announced that the Social Security Cost of Living Adjustment (SSCOLA) for 2016 is 0 percent, but the park owners are allowed to raise the rent a maximum of 2 percent since the Rent Control Ordinance allows a floor of 2 percent. Ms. Rosengren added that the park owners are not mandated to raise the rent by 2 percent, but it is allowed by the Ordinance.

Betty Pitman stated that despite the fact that park owners are not required to raise the rents by 2%, owners of the Ojai Villa Mobile Home Park, where she lives, announce to the tenants that the rent raises are mandated by the County. She requested that staff send a letter to the tenants addressing this discrepancy. Ms. Rosengren offered to send Ms. Pitman a letter drafted in the past to clarify this issue, which she can share with the other tenants of the park.

7. MEETING ADJOURNMENT The meeting was adjourned at 1:30 p.m. The next meeting is scheduled for Wednesday, February 24, 2016 at 1:00 p.m. at the Ventura County Government Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room.

6

November 16,2015 RRB MinutesPage 3 of 3

missed one meeting in the last 20 years. He doesn't know how much longer heand Betty will be atténding meetings since he is in his 80s. Mr. Pitman introducedthe Reni Review Board to Liz Cole, who is the President of the Mobile HomeOwners Coalition, and was seated in the audience. Mr. Pitman thanked the RentReview Board members for their service and the Rent Review Board thanked Mr.Pitman for his perfect attendance.

COMMENTS FROM STAFFlys. Rosengren announced that the Social Security Cost of Living Adjustment(SSCOLA)lor 2016 is 0 percent, but the park owners are allowed to raise the rentà maximum of 2 percent since the Rent Control Ordinance allows a floor of 2percent. Ms. Rosengren added that the park owners are not mandated to raisethe rent by 2 percent, but it is allowed by the Ordinance'

Betty Pitman stated that despite the fact that park owners are not required to raisethe rents by 2o/o, owners of the Ojai Villa Mobile Home Park, where she lives,announce tô tne tenants that the rent raises are mandated by the County. Sherequested that staff send a letter to the tenants addressing this discrepancy' Ms.Ro'sengren offered to send Ms. Pitman a letter drafted in the past to clarify thisissue, wrr¡cn she can share with the other tenants of the park.

MEETING ADJOURNMENTThe meettng was aOjourned at 1:30 p.m. The next meeting is scheduled forwednesday, February 24, 2016 at 1:00 p.m. at the Ventura County GovernmentCenter, ttail of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, ThirdFloor, Multipurpose Room

7

27

.4 O F te

Oa

AA 4 411 Item 8. Staff Report and Recommendations

Meeting of February 24, 2016

,c" Mobile Home Park Rent Review Board .

% p 41Foco: County of Ventura • Resource Management Agency • Planning Division

800 S. Victoria Avenue, Ventura, CA 93009-1740 • (805) 654-2478 • ventura.org/nna/planning

A. PROJECT INFORMATION

1. Subject: Mobile Home Park Rent Review Board — County-initiated text amendments to the Ventura County Mobile Home Park Rent Review Board (RRB) Resolution No. RRB97-287 (Administrative Rules Governing Service Reduction Procedures) for the purpose of correcting typographical errors and updating the text so that the document is consistent with the current Mobile Home Park Rent Control Ordinance No. 4462 (Ordinance) section numbering.

2. Applicant: County of Ventura Resource Management Agency Planning Division 800 South Victoria Avenue, L#1740 Ventura, CA 93009

3. Request: The Planning Division requests that your Board review this staff report and its attachments, approve staff recommendations regarding proposed amendments to RRB Resolution No. RRB97-287, and adopt RRB Resolution No. RRB16-001.

4. Decision-Making Authority: The role of the RRB in this process as set forth in Section 81004(f) of the Ordinance is to "adopt, promulgate, amend, and rescind administrative rules to effectuate the purpose and policies" of the Mobile Home Park Rent Control Ordinance.

5. Project Site Location: Countywide, at Mobile Home Parks within unincorporated Ventura County that are subject to the Mobile Home Park Rent Control Ordinance (Exhibit 1).

6. History:

The Mobile Home Park Rent Control Ordinance was adopted by the Board of Supervisors on February 15, 1983. This Ordinance established the RRB, which holds hearings on issues related to mobile home park rent stabilization and reviews discretionary rent increases for mobile home spaces that are subject to this Ordinance within unincorporated Ventura County.

Since the adoption of the Ordinance, the RRB has adopted resolutions to establish administrative rules to effectuate the purpose and policies of the Ordinance. Many of these resolutions were adopted by the RRB in the 1980s and 1990s. The most recent RRB resolution was adopted in 2007 (Resolution No. RRB2007-492) to establish administrative rules governing Section 6 (currently Section 81005) Social Security Cost of Living Adjustment Rent Increase Applications. Since 2007, there

Item 8. Staff Report and RecomnendationsMeeting of February 24,2016Mobile Home Park Rent Review Board

A.

1.

2.

3.

4.

5.

6.

County of Ventura ' Resource Management Agency' Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740' (805) 654-2478'ventura.org/rma/planning

PROJECT INFORMATION

Subject: Mobile Home Park Rent Review Board County-initiated textamendments to the Ventura County Mobile Home Park Rent Review Board (RRB)Resolution No. RRB97-287 (Administrative Rules Governing Service ReductionProcedures) for the purpose of correcting typographical errors and updating thetext so that the document is consistent with the current Mobile Home Park RentControl Ordinance No. 4462 (Ordinance) section numbering.

Applicant: County of VenturaResource Management AgencyPlanning Division800 South Victoria Avenue, L#174OVentura, CA 93009

Request: The Planning Division requests that your Board review this staff reportand its attachments, approve staff recommendations regarding proposedamendments to RRB Resolution No. RRB97-287, and adopt RRB Resolution No.RRBl6-001.

Decision-Making Authority: The role of the RRB in this process as set forth inSection 81004(f) of the Ordinance is to "adopt, promulgate, amend, and rescindadministrative rules to effectuate the purpose and policies" of the Mobile HomePark Rent Control Ordinance.

Project Site Location: Countywide, at Mobile Home Parks within unincorporatedVentura County that are subject to the Mobile Home Park Rent Control Ordinance(Exhibit 1).

History:

The Mobile Home Park Rent Control Ordinance was adopted by the Board ofSupervisors on February 15, 1983. This Ordinance established the RRB, whichholds hearings on issues related to mobile home park rent stabilization and reviewsdiscretionary rent increases for mobile home spaces that are subject to thisOrd i nance with i n u nincorporated Ventu ra County.

Since the adoption of the Ordinance, the RRB has adopted resolutions to establishadministrative rules to effectuate the purpose and policies of the Ordinance. Manyof these resolutions were adopted by the RRB in the 1980s and 1990s. The mostrecent RRB resolution was adopted in 2OO7 (Resolution No. RRB2007-492) toestablish administrative rules governing Section 6 (currently Section 81005) SocialSecurity Cost of Living Adjustment Rent lncrease Applications. Since 2007, there

28

Ventura County Mobile Home Park Rent Review Board Staff Report for Proposed Amendments to RRB Resolution No. RRB97-287

Hearing on February 24, 2016 Page 2 of 4

have not been any adopted or amended resolutions establishing administrative rules or guidelines to effectuate the purpose and policies of the Ordinance.

On May 6, 2014, the Board of Supervisors approved and adopted amendments to the Rent Control Ordinance, which became effective on June 5, 2014. These amendments consisted of the addition of an enforcement cost recovery provision for violations of the Ordinance and a change in the numbering system as a result of codification of the Ordinance. With the codification of the Ordinance, the new numbering format now begins with Section 81000 and concludes with Section 81020 so that it is consistent with the existing numbering system of Division 8 —Planning and Development.

7. Background of Text Amendment to RRB Resolution No. RRB97-287:

On May 6, 2014, the Board of Supervisors approved and adopted amendments to the Ordinance. The most current version is Ordinance No. 4462, which became effective on June 5, 2014. As explained above in Section 6 of this staff report, the Ventura County Clerk of the Board codified the Ordinance and updated the section numbers within the Ordinance to correlate with Chapter 10 of Division 8 of the Ventura County Code. As a result in change of the numbering system of the Ordinance, all applicable RRB-approved resolutions that establish administrative rules and guidelines to effectuate the purpose and policies of the Ordinance are now inconsistent with the new numbering system of the Ordinance. Since the 2014 Ordinance amendment, Planning staff, as well as interested persons, have been forced to refer to the previously approved Ordinance in order to correlate the section numbers of the RRB resolutions. For this reason, Planning staff has initiated an update to all RRB resolutions that establish administrative rules or guidelines to effectuate the purpose and policies of the Ordinance. RRB Resolution No. RRB97-287 is the first of several RRB resolutions proposed to be amended as a result of the change in the numbering system of the Ordinance.

8. Summary of Proposed Text Amendments:

The proposed project consists of text amendments to correct minor typographical and clerical errors and revise the referenced section numbers within the document to correlate with the new numbering system of the Ordinance.

Minor Clerical and Typographical Corrections

Minor revisions to the language of RRB Resolution No. RRB97-287 are proposed to help mobile home park owners and residents more clearly understand the intent of the resolution.

These minor revisions do not change or affect any existing policies and are simply meant to edit, clarify and make consistent the language of the resolution. For example, one of the minor revisions includes a change from use of the word "park" to use of the word "mobile home park" in the resolution. It's understood that the word "park" means a "mobile home park"; however, for the sake of consistency and clarity, Planning staff proposes to make this change throughout the resolution.

Ventura County Mobile Home Park Rent Review Board Staff Report forProposed Amendments to RRB Resolution No. RRB97-287

Hearing on February 24,2016Page2 of 4

have not been any adopted or amended resolutions establishing administrativerules or guidelines to effectuate the purpose and policies of the Ordinance.

On May 6,2014, the Board of Supervisors approved and adopted amendments tothe Rent Control Ordinance, which became effective on June 5, 2014. Theseamendments consisted of the addition of an enforcement cost recovery provisionfor violations of the Ordinance and a change in the numbering system as a resultof codification of the Ordinance. With the codification of the Ordinance, the newnumbering format now begins with Section 81000 and concludes with Section81020 so that it is consistent with the existing numbering system of Division 8 -Planning and Development.

7. Background of Text Amendment to RRB Resolution No. RRB97-287:

On May 6,2014, the Board of Supervisors approved and adopted amendments tothe Ordinance. The most current version is Ordinance No. 4462, which becameeffective on June 5, 2014. As explained above in Section 6 of this staff report, theVentura County Clerk of the Board codified the Ordinance and updated the sectionnumbers within the Ordinance to correlate with Chapter 10 of Division I of theVentura County Code. As a result in change of the numbering system of theOrdinance, all applicable RRB-approved resolutions that establish administrativerules and guidelines to effectuate the purpose and policies of the Ordinance arenow inconsistent with the new numbering system of the Ordinance. Since the2014Ordinance amendment, Planning staff, as well as interested persons, have beenforced to refer to the previously approved Ordinance in order to correlate thesection numbers of the RRB resolutions. For this reason, Planning staff hasinitiated an update to all RRB resolutions that establish administrative rules orguidelines to effectuate the purpose and policies of the Ordinance. RRBResolution No. RRB97-287 is the first of several RRB resolutions proposed to beamended as a result of the change in the numbering system of the Ordinance.

8. Summary of Proposed Text Amendments:

The proposed project consists of text amendments to correct minor typographicaland clerical errors and revise the referenced section numbers within the documentto correlate with the new numbering system of the Ordinance.

Minor Clerical and Typoqraphical Corrections

Minor revisions to the language of RRB Resolution No. RRB97-287 are proposedto help mobíle home park owners and residents more clearly understand the intentof the resolution.

These minor revisions do not change or affect any existing policies and are simplymeant to edit, clarify and make consistent the language of the resolution. Forexample, one of the minor revisions includes a change from use of the word "park"to use of the word "mobile home park" in the resolution. lt's understood that theword "park" means a "mobile home park"; however, for the sake of consistencyand clarity, Planning staff proposes to make this change throughout the resolution.

29

Ventura County Mobile Home Park Rent Review Board Staff Report for Proposed Amendments to RRB Resolution No. RRB97-287

Hearing on February 24, 2016 Page 3 of 4

All proposed resolution revisions are shown in legislative format in Exhibit 2 and summarized below:

(a) Title and Introduction:

Revisions to this section of the resolution include corrections to typographical errors, the deletion and addition of language to be consistent with the language of the entire document, and the update of the specific referenced section number to be consistent with the current Ordinance.

(b) Definitions:

Revisions to this section of the resolution include corrections to typographical errors and the revision of the definition of "homeowner" to be consistent with the definition in the Ordinance.

(c) Service Reduction Procedures:

Revisions to this section of the resolution include the deletion and addition of language to be consistent with the language of the entire resolution.

B. MOBILE HOME PARK RENT REVIEW BOARD HEARING NOTICE AND PUBLIC COMMENTS

The Planning Division provided public notice regarding the Board hearing in accordance with the Government Code §54954.2 (a)(1). As of the date of this staff report, Planning staff has not received any public comments.

C. RECOMMENDED ACTIONS Based upon the preceding analysis and information provided, Planning Division Staff recommends that the RRB take the following actions:

1. CERTIFY that your Board has reviewed and considered the Mobile Home Park Rent Review Board staff report and all exhibits thereto, and has considered all comments received during the public comment process;

2. FIND based on the substantial evidence presented in this Staff Report, and the entire record, that the proposed resolution amendments (Exhibit 2) are in the public interest;

3. ADOPT Resolution RRB16-001 (Exhibit 3); and

4. SPECIFY the Planning Division at 800 S. Victoria Avenue, Ventura, CA 93009 as the location and custodian of the documents and materials that constitute the record of proceedings upon which this decision is based.

Ventura County Mobile Home Park Rent Review Board staff Report forProposed Amendments to RRB Resolution No. RRB97-287

Hearing on FebruarY 24,2016Page 3 of 4

All proposed resolution revisions are shown in legislative format in Exhibit 2 andsummarized below:

la) Title and lntroduction:

Revisions to this section of the resolution include corrections totypographical errors, the deletion and addition of language to be consistent*itn tf'e language of the entire document, and the update of the specificreferenced section number to be consistent with the current Ordinance.

(b) Definitions:

Revisions to this section of the resolution include corrections totypographical errors and the revision of the definition of "homeowner" to beconsistent with the definition in the Ordinance.

(c) Service Reduction Procedures:

Revisions to this section of the resolution include the deletion and additionof language to be consistent with the language of the entire resolution.

B. MOBILE HOME PARK RENT REVIEW BOARD HEARING NOTICE ANDPUBLIC COMMENTS

The Planning Division provided public notice regarding the Board hearing in accordancewith the Government Code 554954.2 (aX1). As of the date of this staff report, Planningstaff has not received any public comments'

C. RECOMMENDED ACTIONSBased upon the preceding analysis and information provided, Planning Division Staffrecommends that the RRB take the following actions:

1. CERT¡FY that your Board has reviewed and considered the Mobile Home ParkRent Review Board staff report and all exhibits thereto, and has considered allcomments received during the public comment process;

2. F¡ND based on the substantial evidence presented in this Staff Report, and theentire record, that the proposed resolution amendments (Exhibit 2) are in thepublic interest;

3. ADOPT Resolution RRBI6-001 (Exhibit 3); and

4. SPECIFY the Planning Division at 800 S. Victoria Avenue, Ventura, CA 93009as the location and custodian of the documents and materials that constitute therecord of proceedings upon which this decision is based.

30

nca Roseng en, Sta Administrator obile Home Park Rent Review Board

(805) 654-2045

Ventura County Mobile Home Park Rent Review Board Staff Report for Proposed Amendments to RRB Resolution No. RRB97-287

Hearing on February 24, 2016 Page 4 of 4

If you have any questions concerning the information presented above, please contact Franca Rosengren at (805) 654-2045 or via e-mail at Franca.Rosengren@ventura.org.

Prepared by: Reviewed by:

ig-I CI /IN A te ir---- Tricia Maier, Manager Planning Programs Section (805) 654-2464

ATTACHMENTS

Exhibit 1 — Map of Mobile Home Parks Located within Unincorporated Ventura County Exhibit 2 — Amendments to Rent Review Board Resolution No. RRB97-287 in Legislative

Format Exhibit 3 —Rent Review Board Resolution No. RRB16-001

Ventura County Mobile Home Park Rent Review Board Staff Report forProposed Amendments to RRB Resolution No. RRB97-287

Hearing on February 24,2016Page 4 of 4

lf you have any questions concerning the information presented above, please contactFranca Rosengren at (805) 654-2045 or via e-mail at Franca.Rosengren@ventura.org.

Prepared by:

tqhng n, Administrator Maier, Manager

le Home Park Rent Review Board Planning Programs Section(805) 654-2464(805) 654-2045

ATTACHMENTS

Exhibit 1 - Map of Mobile Home Parks Located within Unincorporated Ventura CountyExhibit 2 - Amendments to Rent Review Board Resolution No. RRB97-287 in Legislative

FormatExhibit 3 -Rent Review Board Resolution No. RRB16-001

31

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Resolution No. RRB 97 287 16-xxxxl

[Staff Explanation: Added new Resolution Number and provided a footnote for clarification.]

A cResolution of the Ventura County Mobile Home Park Rent Review Board Establishing Administrative Rules Governing Service Reduction Procedures

for Section 6(4)-81005 (I)

[Staff Explanation: Corrected typographical errors and updated the Section number to be consistent with the current Mobile Home Park Rent Control Ordinance, Chapter 10 of Division 8.]

Pursuant to Section 6 (f) 81005 ID a rent increase may occur when significant housing services are permanently reduced or disrupted for an unreasonable length of time without a corresponding reduction in the dollar amount of the space rent. It is the specific intent of the Ventura County Mobile Home Park Rent Control Ordinance (Ordinance) to prohibit such indirect rent increases.

[Staff Explanation: Updated the Section number to be consistent with the current Mobile Home Park Rent Control Ordinance and added language to be consistent with the language of the entire document.]

The following definitions and steps shall be followed to implement Section 6(f) 81005 Lt):

DEFINITIONS:

I-, Mediation pProcess: incomes A good faith person-to-person discussion between the park owner, tenants and a neutral third party. The neutral third party must state in writing the results of the mediation for examination by the Rent Review Board.

2, Homeowners: moans A tenant or tenants who occupy and own a mobile dwelling unit located on a space within a mobile home park. spaces 114 a park , in other words, Only one vote per space shall apply.

37 Specific eEnumerated: means a A detailed, written description of the alleged service reductions in the mobile home park in-the-park4n-questien which has been prepared in advance foref consideration by the Rent Review Board.

4-Affected: means tThose spaces in the mobile home park coming under the purview of the Ordinance and which are not exempted from its authority. However, it may also mean a limited, geographical area of a mobile home park, ie-such as a flooded corner of the

1 This resolution supersedes Resolution No. RRB97-287, dated April 27 1997.

MHPRRB Public Hearing February 24, 2016

Exhibit2- Legislative Amendments to RRB No. RRB97-287

Resolution No. RRB gæg:l- 16-xxxxl

[Staff Explanation: Added neu¡ Resolution Number and provided a footnote forclarification.l

A rBesolution of the Ventura County Mobile Home Park Rent Review BoardEstablishing Ad ministrative Rules Governing Service Red uction Proced ures

for Section 6(+181005 CI

[Staff Explanation: Corrected typographical errors and updated the Section numberto be consisfenf with the current Mobile Home Park Rent Control Ordinance,Chapter 10 of Divisíon 8.1

Pursuant to Section g{Ð 81005 (fl a rent increase may occur when significant housingservices are permanently reduced or disrupted for an unreasonable length of time withouta corresponding reduction in the dollar amount of the space rent. lt is the specific intentof the Ventura Countv Mobile Home Park Rent Control Ordinance (Ordinance) to prohibitsuch indirect rent increases.

[Staff Explanation: Updated the Section number to be consrsfenf with the currentMobile Home Park Rent Control Ordinance and added language to be consrsfenfwith the language of the entire document.l

The following definitions and steps shall be followed to implement Section 6(Ð 81005 (f):

DEFINITIONS:

l. Mediation plrocessi in€ludes A good faith person-to-person discussion between thepark owner, tenants and a neutralthird party. The neutralthird party must state in writingthe results of the mediation for examination by the Rent Review Board.

2 Homeownersi means A tenant or tenantg who occupv and own a mobile dwellino unitlocated on a space within a mobile home park. spa€es in a @ Onlvone vote per space shall apply.

I Specific elnumerated; m€€ìRa a A detailed, written description of the allesed servicereductions in the mobile home park

WwhichhasbeenpreparedinadvancefoIgfconsideration=[theRent Review Board.

f. Affected: mean++Ihose spaces in the mobile home park eemìng under the purview ofthe Ordinance and which are not exempted from its authority. However, it may also meana limited, geographical area of a mobile home park, ie-guch as a flooded corner of the

1 This resolution supersedes Resolution No. RRB97-287, dated April2¿ 1997.

MHPRRB Public HearingFebruary 24,2016

Exhibit2, - Legislaiive Amendments toRRB No. RRB97-ZBZ

33

mobile home park. These will be evaluated on a case-by:case basis by the Rent Review Board.

L .Staff Explanation: Corrected typographical errors and added language to be consistent with the language of the entire document.]

STEPS: SERVICE REDUCTION PROCEDURES:

1. A majority of affected homeowners must concur in writing that a specific enumerated reduction in service has occurred.

2. The majority/or designee of the affected homeowners have attempted in good faith to resolve the dispute through the mediation process, and

a. Park management has refused to participate in the mediation process; or., b. The attempt to mediate with both parties participating in good faith was

unsuccessful. 3. If Step 2 the conditions of Item No. 2, above, are true, then a service reduction

petition to the Rent Review Board containing a written statement of the results of the mediation, may be made. After review of the evidence,. the Rent Review Board may make a finding that there is a significant, permanently reduced housing service, or that a significant housing service has been disrupted for an unreasonable length of time.

4. If this the Rent Review Board findings that a significant housing service has been permanently reduced or disrupted for an unreasonable length of time the following shall apply: is made in the affirmative,

a. and the matter remains unsettled, No Section 6 rent increase applications may be processed-until the service reduction matter is fully resolved (except as provided in subdivision (b) below);

b. At this time however, The Rent Review Board shall establish a dollar value amount for the service reduction. If the park owner agrees with thise amount established by the Rent Review Board and but the tenantshomeowners are still in disagreement, then the Rent Review Board shall approve theany pending Section 6 rent increase applications currently in process; and,

c. Factors to be considered in making a finding that a significant housing service has been permanently reduced or disrupted for an unreasonable length of time:

1. Normal wear and tear of the common area facilities land or the mobile home space does not constitute a service reduction;

2. Any reduction which results in a cost savings to the park owner;

Page 2 of 3 Resolution RRB16-XXXX

[Staff Explanation: Added page numbers and the resolution number for clarification.]

mobile home park. These will be evaluated on â casê;bfcase basis by the Rent ReviewBoard

[Staff Explanation: Corrected typographical errors and added language to beconsisfenf with the language of the entire document.l

S+EPS+ SERVICE REDUCTION PROCEDURES:

1. A majority of affected homeowners must concur in writing that a specificenumerated reduction in service has occurred.

2. The majoritylor designee of the affected homeowners have attempted in good faithto resolve the dispute through the mediation process, and

a. Park management has refused to participate in the mediation processr or¡b. The attempt to mediate with both parties participating in good faith was

unsuccessful.3. lf S+ep-z the conditions of ltem No. 2, above. are true, then a service reduction

petition to the Rent Review Board containing a written statement of the results ofthe mediationt may be made. After review of the evidence, the Rent Review Boardmay make a finding that there is a significant, permanently reduced housingservice, or that a significant housing service has been disrupted for anunreasonable length of time.

4. lf th+s the Rent Review Board findingg that a siqnificant housinq service has beenpermanentlv reduced or disrupted for an unreasonable length of time. the followingshall applv: iffiivê,

a. No Seetien__ê_ rent increaseapplications may be processed=unl!!the service reduction matter is fullyresolved (except as provided in subdivision þ) below):

b. @ The Rent Review Board shall establish a dollarvalue amount for the service reduction. lf the park owner agrees withthise amount established þy the Rent Review Board and but thetenantshomeowners are still in disagreement, then-the Rent ReviewBoard shallapprove theg¡y pending Seetien€ rent increase applicationscurrentlv in process; and,

c. Factors to be considered in making a finding; that g sionificant housinsservice has been permanentlv reduced or disrupted for an unreasonablelenqth of time:

1. Normal wear and tear of the common area facilitiesI and or the mobile home space does not constitutea service reduction;

2. Any reduction which results in a cost savings to thepark_owner;

Paqe ! of !Resolution RRBl

[Staff Explanation: Added page numbers and the resolution number for ctarification.]

34

3. The area affectedi 4. The length of times 5. The degree of discomforti 6. The extent to which the reduction causes the rental

unit(s) to be uninhabitable:, 7. The extent to which the reduction causes a material

reduction in the usability of the park and 8. Other factors deemed relevant,

[Staff Explanation: Deleted and added language to be consistent with the language of the entire document and reformatted numbering.]

5. The A service reduction petition to the Rent Review Board must be filed prior to the park owner's submittal of a completed Rrent increase Aapplication for the current year, otherwise,_the issue petition will be deferred to the ensuing year.

[Staff Explanation: Corrected typographical errors and added language to be consistent with the language of the entire document.]

Passed and adopted this 24th day of February, 2016 the following vote:

AYES:

NOES:

ABSENT:

[Staff Explanation: Added language to be consistent with the language to show the proper adoption of an ordinance or a resolution.]

RRB Chair Ventura County Mobile Home Park Rent Review Board

Attest:

Date

Franca A. Rosengren Date RRB Staff Administrator

Page 3 of 3 Resolution RRB16-XXXX

[Staff Explanation: Added page numbers and the resolution number for clarification.]

3. The area affected;4. The length of time;5. The degree of discomfort;6. The extent to which the reduction causes the rental

unit(s) to be uninhabitable;7. The extent to which the reduction causes a material

reduction in the usability of the park; and,8. Other factors deemed relevant.

[Staff Explanation: Deleted and added language to be consisfenf with the languageof the entire document and reformatted numbering.l

5. +he A service reduction petition to the Ren! Review Board must be filed prior tothe park owner's submittal of a completed R¡ent increase Agpplication for thecurrent year, othen¡vise-the issue petition will be deferred to the ensuing year.

[Staff Explanation: Corrected typographical errors and added language to beconsisfenf with the language of the entire document.l

Passed and adopted this 24th day of Februarv. 2016. þy the followino vote:

AYES

NOES

ABSENT

[Staff Explanation: Added language to be consisfenf with the language to show theproper adoption of an ordinance or a resolution.l

RRB ChairVentura County Mobile Home ParkRent Review Board

Attest:

Franca A. RosengrenRRB Staff Administrator

Date

Date

Paqe 3 of 3Resolution RRB16-XXXX

[Staff Explanation: Added page numbers and the resolution number for clarification.]

35

Resolution No. RRB16-0011

A Resolution of the Ventura County Mobile Home Park Rent Review Board Establishing Administrative Rules Governing Service Reduction Procedures

for Section 81005 (f)

Pursuant to Section 81005 (f) a rent increase may occur when significant housing services are permanently reduced or disrupted for an unreasonable length of time without a corresponding reduction in the dollar amount of the space rent. It is the specific intent of the Ventura County Mobile Home Park Rent Control Ordinance (Ordinance) to prohibit such indirect rent increases.

The following definitions and procedures shall be followed to implement Section 81005 (f):

DEFINITIONS:

Mediation Process: A good faith person-to-person discussion between the park owner, tenants and a neutral third party. The neutral third party must state in writing the results of the mediation for examination by the Rent Review Board.

Homeowners: A tenant or tenants who occupy and own a mobile dwelling unit located on a space within a mobile home park. Only one vote per space shall apply.

Specific Enumerated: A detailed, written description of the alleged service reductions in the mobile home park which has been prepared in advance for consideration by the Rent Review Board.

Affected: Those spaces in the mobile home park under the purview of the Ordinance and which are not exempt from its authority. However, it may also mean a limited, geographical area of a mobile home park, such as a flooded corner of the mobile home park. These will be evaluated on a case-by-case basis by the Rent Review Board.

SERVICE REDUCTION PROCEDURES:

1. A majority of affected homeowners must concur in writing that a specific enumerated reduction in service has occurred.

2. The majority or designee of the affected homeowners have attempted in good faith to resolve the dispute through the mediation process, and

a. Park management has refused to participate in the mediation process; or, b. The attempt to mediate with both parties participating in good faith was

unsuccessful.

1 This resolution supersedes Resolution No. RRB97-287, dated April 27, 1997.

MHPRRB Public Hearing February 24, 2016

Exhibit 3- Clean Copy of RRB No. RRB16-001

Resolution No. RRB16-001 r

A Resolution of the Ventura County Mobile Home Park Rent Review Board EstablishingAdministrative Rules Governing Service Reduction Procedures

for Section 8100S (f)

Pursuant to Section 81005 (f) a rent increase may occur when significant housingservices are permanently reduced or disrupted for an unreasonable length of time withouta corresponding reduction in the dollar amount of the space rent. lt is the specific intentof the Ventura County Mobile Home Park Rent Control Ordinance (Ordinance) to prohibitsuch indirect rent increases.

The following definitions and procedures shall be followed to implement Section BlO0S(f):

DEFIN ONS:

Mediation Process: A good faith person-to-person discussion between the park owner,tenants and a neutral third party. The neutral third party must state in writing the resultsof the mediation for examination by the Rent Review Board.

Homeowners: A tenant or tenants who occupy and own a mobile dwelling unit locatedon a space within a mobile home park. only one vote per space shall apply.

Specific Enumerated: A detailed, written description of the alleged service reductions in

the mobile home park which has been prepared in advance for consideration by the RentReview Board.

Affected: Those spaces in the mobile home park under the purview of the Ordinance andwhich are not exempt from its authority. However, it may also mean a limited,geographical area of a mobile home park, such as a flooded corner of the mobile homepark. These will be evaluated on a case-by-case basis by the Rent Review Board.

SERVICE REDUCTION PROCEDURES:

1. A majority of affected homeowners must concur in writing that a specificenumerated reduction in service has occurred.

2. The majority or designee of the affected homeowners have attempted in good faithto resolve the dispute through the mediation process, and

a. Park management has refused to participate in the mediation process; or,b. The attempt to mediate with both parties participating in good faith was

unsuccessful.

1 This resolution supersedes Resolution No. RRBgz-297, dated April27, 1gg7

MHPRRB Public HearingFebruary 24,2016

Exhibitf - Clean Copy of RRB No. RRB16-00136

3. If the conditions of Item No. 2, above, are true, then a service reduction petition to the Rent Review Board containing a written statement of the results of the mediation may be made. After review of the evidence, the Rent Review Board may make a finding that there is a significant, permanently reduced housing service, or that a significant housing service has been disrupted for an unreasonable length of time.

4. If the Rent Review Board finds that a significant housing service has been permanently reduced or disrupted for an unreasonable length of time without a corresponding reduction in the dollar amount of the space rent, the following shall apply:

a. No rent increase applications may be processed until the service reduction matter is fully resolved (except as provided in subdivision (b) below);

b. The Rent Review Board shall establish a dollar amount for the service reduction. If the park owner agrees with the amount established by the Rent Review Board but the homeowners are still in disagreement, the Rent Review Board shall approve any pending rent increase applications currently in process; and,

c. Factors to be considered in making a finding that a significant housing service has been permanently reduced or disrupted for an unreasonable length of time:

1. Normal wear and tear of the common area facilities or the mobile home space does not constitute a service reduction;

2. Any reduction which results in a cost savings to the park owner;

3. The area affected; 4. The length of time; 5. The degree of discomfort; 6. The extent to which the reduction causes the rental

unit(s) to be uninhabitable; 7. The extent to which the reduction causes a material

reduction in the usability of the park; and, 8. Other factors deemed relevant.

5. A service reduction petition to the Rent Review Board must be filed prior to the park owner's submittal of a completed rent increase application for the current year, otherwise, the petition will be deferred to the ensuing year.

Page 2 of 3 Resolution RRB16-001

3. lf the conditions of ltem No. 2, above, are true, then a service reduction petition tothe Rent Review Board containing a written statement of the results of themediation may be made. After review of the evidence, the Rent Review Boardmay make a finding that there is a significant, permanently reduced housingservice, or that a significant housing service has been disrupted for anunreasonable length of time.

4. lf the Rent Review Board finds that a significant housing service has beenpermanently reduced or disrupted for an unreasonable length of time without acorresponding reduction in the dollar amount of the space rent, the following shallapply:

a. No rent increase applications may be processed until the servicereduction matter is fully resolved (except as provided in subdivision (b)below);

b. The Rent Review Board shall establish a dollar amount for the servicereduction. lf the park owner agrees with the amount established by theRent Review Board but the homeowners are still in disagreement, theRent Review Board shall approve any pending rent increaseapplications currently in process; and,

c. Factors to be considered in making a finding that a significant housingservice has been permanently reduced or disrupted for an unreasonablelength of time:

1. Normal wear and tear of the common area facilitiesor the mobile home space does not constitute aservice reduction;

2. Any reduction which results in a cost savings to thepark owner;

3. The area affected;4. The length of time;5. The degree of discomfort;6. The extent to which the reduction causes the rental

unit(s) to be uninhabitable;7. The extent to which the reduction causes a material

reduction in the usability of the park; and,8. Other factors deemed relevant.

5. A service reduction petition to the Rent Review Board must be filed prior to thepark owner's submittal of a completed rent increase application for the currentyear, othenruise, the petition will be deferred to the ensuing year.

Page 2 of 3Resolution RRB16-001

37

Passed and adopted this 24th day of February, 2016, by the following vote:

AYES:

NOES:

ABSENT:

RRB Chair

Date Ventura County Mobile Home Park Rent Review Board

Attest:

Franca A. Rosengren Date RRB Staff Administrator

Page 3 of 3 Resolution RRB16-001

Passed and adopted this 24th day of February, 2016, by the following vote:

AYES:

NOES

ABSENT:

RRB ChairVentura County Mobile Home ParkRent Review Board

Attest:

Franca A. RosengrenRRB Staff Administrator

Date

Date

Page 3 of 3Resolution RRB16-001

38