HomeMy WebLinkAboutUrgency Ordinance 3986 - An Interim Ordinance Establishing a CITY OF HUNTINGTON BEACH
PROOF O F LEGAL NOTICE
URGENCY ORDINANCE NO.
PUBLICATION 3990
Adopted by the City Council
on SEPTEMBER 16,2013
"AN INTERIM URGENCY(
ORDINANCE OF THE CITY.
COUNCIL OF THE CITY'
STATE OF CALIFORNIA) OF CALIFORNIA,EX BEACH,
IFORNI ,EXTENDING'
THE `MORATORIUM ON
�+�+� THE. CONVERSION OF
ANY MOBILEHOME PARK
COUNTY
®F ORANGE ) CURRENTLY EXISTING APARK ;
THE CITY FROM A PARK i
OCCUPIED PRIMARILY
OR EXCLUSIVELY BY.
RESIDENTS OVER THE'
AGE OF 55 YEARSi
am a citizen of the United States and a (SENIOR RESIDENTS)TO
A MOBILEHOME PARK
resident of the County of Los Angeles; I ALLOWING RESIDENTS
am over the age of eighteen years, and OF ALL AGES UNTIL
i APRIL 30,2014,TO TAKE
EFFECT SYNOPSIS:IMMEDIATELY"
not a party to or interested in the notice Pursuant t°City Council
published. I am a principal clerk of the direction, the City
At-
torney created Interim i
HUNTINGTON BEACH Urgency Ordinance No.
3986 which was adopted
INDEPENDENT; which was adjudged a August 5, 2013 estab
lishing a temporary mor.
newspaper. of general:., circulation on , atorium on the
, conversion/change of
September 29, 1961, case A6214, and any mobile home park
June 11 1963 case A24831 for the City from, park oc
' ' ' currently existing in the
cupied primarily or ex-
City of Huntington Beach, County of clusively by residents
over the age of 55 years
Orange, and the State of California. i (Senior Residents) to a
mobile-home park allow-j
Attached to this Affidavit is a true and ing residents of all ages.
State law limits the of-,
complete copy as was printed and ! fective period of urgency
interim ordinances to 45
published on the following date(s): days from adoption un-
less otherwise extended.
The City Council ex-
tended the urgency in-
terim ordinance by
adopting Ordinance No.
Thursday, September 26, 2013 3990 extending the mor-
atorium until April 30,
2014. This extension re-
quired a four-fifths vote
certify (or declare) under penalty for adoption and'will
allow staff additional
dy and
of perjury that the foregoing is true Iyzetoastregulatonry
and correct. framework to address
the senior housing is-i
sues in Huntington!
Beach.
PASSED AND ADOPTED
by the City Council'of j
the City of Huntington
Beach at a.regular meet-�
Executed on October 2, 2013 ing held
September 16, 2013 byr
at Los Angeles, California voted°"°wing °" call;
AYES: Sullivan, Hardy,
Boardman,, Carchio,
Shaw,Katapodis
NOES:Harper
ABSTAIN:None
ABSENT:None
THE FULL TEXT OF THE
ORDINANCEAS"
B AVAILABLE IN THE CITY;
CLERK'S OFFICE.
Signature This,ordinance is effec-
tive immediately.
CITY OF HUNTINGTON
BEACH .
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
714-536-5227
JOAN L.FLYNN,CITY
CLERK
Published H.B. Indepen-i
dent9/26/13 j
1. Dept. ID ca 13-011 Page 1 of 2
' Meeting Date:9/16/2013
7v
A)O)
CITY OF HUNTINGTON BEACH
� .
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/16/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Adopt Ordinance No. 3990, an Interim Urgency Ordinance Extending the
Moratorium on the Conversion of Senior Mobile Home Parks (established by
Ordinance No. 3986 on August 5, 2013) for an Additional Ten Months and
Fifteen Days (Requires 4/5 Vote)
Statement of Issue: Pursuant to City Council direction, the City Attorney created Interim Urgency
Ordinance No. 3986 which established a temporary moratorium on the conversion/change of any
mobile home park currently existing in the City from a park occupied primarily or exclusively by
residents over the age of 55 years (Senior Residents)to a mobile home park allowing residents of
all ages. State law limits the effective period of urgency interim ordinances to 45 days from
adoption unless otherwise extended. The City Council may extend the urgency interim ordinance
for an additional 10 months and 15 days after proper public notice and public hearing is provided.
This extension requires a four-fifths vote for adoption. The extension of this ordinance will allow
staff additional time to study and analyze a regulatory framework to address the senior housing
issues in Huntington Beach.
Financial Impact: N/A
Recommended Action: Adopt Ordinance No. 3990, "An Interim Urgency Ordinance Of The City
Council Of The City Of Huntington Beach, California, Extending For Ten Months And Fifteen Days
The Moratorium On The Conversion Of Any Mobilehome Park Currently Existing In The City From
A Park Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents) To A Mobilehome Park Allowing Residents Of All Ages, To Take Effect Immediately."
Alternative Action(s): Do Not Adopt Ordinance No. 3990, "An Interim Urgency Ordinance Of The
City Council Of The City Of Huntington Beach, California, Extending For Ten Months And Fifteen
Days The Moratorium On The Conversion Of Any Mobilehome Park Currently Existing In The City
From A Park Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents) To A Mobilehome Park Allowing Residents Of All Ages, To Take Effect Immediately"
Analysis: A temporary land use regulation (often called a "moratorium") is a mechanism by which
a zoning regulation is adopted for a limited period of time without having to go through the normal
process of public hearings. State law requires a current and immediate threat to the public health,
safety and welfare in order to adopt or extend a moratorium. In this case, the City of Huntington
Beach has adopted an urgency ordinance and moratorium that is only in effect for 45 days. In
order to continue to preserve the status of mobile home parks operating as senior-only parks, while
staff continues to study the effects of regulating senior mobile home parks, the City will need to
HB -743- Item 21. - 1
Dept. ID ca 13-011 Page 2 of 2
Meeting Date:9/16/2013
extend Interim-Urgency Ordinance No. 3986 for an additional 10 months and 15 days to preserve
the-existing senior.only.mobile home parks.
Environmental Status: N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
Ordinance No 3990, "An Interim Urgency Ordinance Of The City Council Of The City Of Huntington
Beach, California, Extending For Ten Months And Fifteen Days The Moratorium On The
Conversion Of Any Mobilehome Park Currently Existing In The City From A Park Occupied
Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior Residents) To A
Mobilehome Park Allowing Residents Of All Ages To Take Effect
Immediately"
Item 21. - 2 xB -744-
AT TACHMENT # 1
ORDINANCE NO. 3990
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, EXTENDING THE MORATORIUM ON THE
CON'vBRSION OF ANY MOBILEHOME FARM CURRENTLY EXISTING IN THE CITY
FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE
AGE OF 55 YEARS (SENIOR RESIDENTS)TO A MOBILEHOME PARK ALLOWING
RESIDENTS OF ALL AGES UNTIL APRIL 30, 2014, TO TAKE EFFECT IMMEDIATELY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. FINDINGS. The Ordinance No. 3986, enacted by the City Council of
the City of Huntington Beach (the"City") on August 5, 2013 placed a forty-five (45) day
moratorium on the conversion of any mobilehome park existing in the City on that date from a
park occupied primarily or exclusively by residents over the age of 55 years(senior residents)' to
a mobilehome park allowing residents of all ages. In part the moratorium on conversion allows
the City time to study whether an amendment to the Mobilehome Park Overlay District to limit
or prohibit such conversions is necessary to protect the public, health, safety and welfare by
providing adequate affordable local housing for senior citizens, and whether such an ordinance
would have any adverse effects on the general housing market in the City; and
Section 65858 et.al. of the California Government Code allows an urgency ordinance
enacted under the California Government Code to be extended for ten months and fifteen days
past the original 45-day urgency period, following a noticed public hearing, in order to further
study the immediate health and safety problems identified in Ordinance No. 3986 and
At least ten (10) days prior to September 16, 2013, the City Clerk has caused to be
published in a newspaper of general circulation a notice advising that on September 16, 2013 at
6:00 p.m. or as soon thereafter, the City Council will conduct a public hearing to consider
extending Interim Ordinance 3986; and such public comment and hearing was conducted on
September 16, 2013 at the regular City Council meeting.
SECTION 2. EXTENSION OF MORATORIUM. The initial forty-five (45) day
moratorium on mobilehome park conversions enacted by Ordinance No. 3986, is hereby
extended until April 30, 2014 and shall take effect immediately.
SECTION 3. DECLARATION OF URGENCY, FINDINGS. Ordinance No. 3990 as
well as staff report in support of the Request for Council Action advances the idea that the City
of Huntington Beach ("City") does not have enough affordable senior housing options which
continues to create problems for seniors that will only increase with the aging population.
Mobilehome parks represent one of a few affordable housing options left to senior citizens that
'Housing for Older Persons Act(HOPA)provides that"Senior"is defined as someone 62 years old and over.
HOPA defines housing that are restricted to 55+,as"Housing for Older Persons".
13-3865/Interim Mobile Home Park Ordinance.doex
Ordinance No. 3990
permit exclusive residence in a detached dwelling by those individuals over the age of 55 years.
As set forth in the Housing.Element of the City's General Plan, an important.goal for the City is
to preserve the existing senior housing stock' which is represented in part by affordable
mobilehome housing. "Converting' . mobilehome parks from a "seniors only" to all ages parks
would reduce the number of senior housing units available to those persons 55 years of age and
older. There are 18 mobilehome parks in the City, 10 of which are operating as senior
mobilehome parks. Thus, converting the `seniors only' mobilehome parks to family parks
would result in a significant reduction in the number of affordable housing units available to
senior citizens of the community and is irreparably detrimental to them as it creates an
immediate threat to their health, safety and welfare. . Further, the announcement that the City is
studying this issue and may develop a zoning ordinance restricting the change of seniors only
mobilehome parks has resulted in the owner(s) of mobilehome park(s) pursuing conversions to
all, age mobilehome parks prior to any such ordinance taking effect.' There is immediate threat
to the public health, safety and welfare that would result from allowing the unregulated
conversion of senior housing to non-senior housing justifies the extension of the interim urgency
ordinance.
Based on initial research and analysis, in contrast to other senior housing in the City,
mobile home parks afford seniors the ability to live in their own homes rather than in apartments
and provide a senior living community in low-rise setting that typically provides a clubhouse for
community events and socializing as well as recreation facilities inside the park so that the
residents can easily walk to these facilities and event. Many of the seniors living in these senior
mobile home parks enjoy having their grandchildren visit them in the parks, but they, like the
seniors without grandchildren, purchased mobile homes in a senior park in order to live in a
quieter community with others in their own age group and purchased their homes in these parks
because they were senior parks that only accepted prospective purchasers'of homes in the park if
at least one occupant of the mobile home being purchased was 55 years or older.
While senior housing complexes in the -City, other than senior mobile home parks, are
generally restricted to senior occupancy by conditions, covenants, and restrictions, that is not the
case in senior mobile home parks. The residents of those mobile home parks relied upon the
representation of the park management and park owners that only seniors could purchase homes
in those parks and obtain tenancies in those parks. These representations were set forth in the
leases or rental agreements they were required to sign upon purchasing a mobile home in the
parks and moving into the parks and in the rules of those parks, which the residents were also
required to sign and acknowledge. Now some owners of senior mobile home parks have
indicated that they can, and are already attempting to, change their parks from senior parks to
family parks, over the objections of their senior residents, simply by changing park rules using
the procedure in Civil Code Section 798.25.
'The two letters to residents of Rancho Huntington mobilehome park residents declaring intent that the mobilehome
park no longer restrict housing to older persons(55+)are attached to ordinance no3986.
13-3865/Interim Mobile Home Park Ordinance.docx
Ordinance No. 3990
While the seniors now living in senior mobile home parks could remain in a park that
changed to a family park, those seniors would no longer enjoy the quiet and companionship of a
senior community and the limited supply of senior parks that now exists in the City could be
greatly diminished or even eliminated. Since mobile homes are not mobile in any practical sense
due to the high cost of moving a home, the risk of damage to the home in moving, the loss of
improvements-such as porches, patios, carports, and landscaping, which cannot be moved, and
the lack of available rental spaces in senior parks, or in any mobile home park in the City or
surrounding areas that will accept re-locating homes, senior residents of a park that becomes a
family park would have to sell the homes in which they have lived for many years and in which
they have invested both financial and personal resources in order to move to another senior
facility. After selling their mobile homes, these seniors may no longer have sufficient funds to
purchase a mobile home in another senior park or senior facility.
The City of Huntington Beach currently does not have a "senior only" mobilehome park
zoning ordinance in place, but such a zoning ordinance may be needed in the immediate future to
preserve the few senior only housing options left to our senior citizens. The change from a
"senior only" mobilehome park to an "all ages" mobilehome park will reduce the number of
housing units available to those persons 55 years of age and older.
Based upon the foregoing, the City Council finds that there is a current and immediate
threat to the public health,.safety and welfare, and the approval of permits or other entitlements
authorizing the conversion of senior mobilehome parks for persons 55 years of age and older to a
moblilehome park allowing residents of all ages would result in that threat to the public health,
safety and welfare.
SECTION 4. EFFECTIVE DATE. The Council finds that public health, safety and
welfare require that this ordinance become effective upon its adoption and passage, pursuant to
California Government Code Section 65858.
SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed this ordinance and
adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
13-3865/lnterim Mobile Home Park Ordinance.docx
Ordinance No. 3990
SECTION 6. PUBLICATION. The City Clerk shall cause this ordinance to be posted in
three places designated by City Council pursuant to City Charter Section 500(c) and published
by title with a brief summary at least once within fifteen (15) days after its adoption in a
newspaper of general circulation, published in the County of Orange and circulated in the City,
in accordance with Section 36933 of the California Government Code; shall certify to the
adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof
of publication,-to be filed in the Office of the Clerk of this City.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at' a
regular meeting thereof held on the 16th day of September, 2013.
s
Mayor
ATTEST- A APPROVED AS TO FORM:
City Clerk Ci Attorney
RE APPROVED- IATED AND APPROVED:
t anager ity Attorney
13-3865/Interim Mobile Home Park Ordinance.doex
Urgency Ord. No. 3990
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at'a regular meeting thereof held on September 16, 2013 and was passed
and adopted by at least five affirmative votes of said City Council.
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw,Katapodis
NOES: Harper
ABSENT: None
ABSTAIN: None
I,JOAN L.FLYNN,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
September 26,2013
In accordance with the City Charter of said City City Verk and ex-officio Cl
Joan L. Fl n�City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
TO EXTEND FOR TEN MONTHS AND FIFTEEN DAYS THE MORATORIUM ON THE
CONVERSION OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY
FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS 55
YEARS_ OR OLDER (HOUSING FOR OLDER PERSONS) TO A MOBILEHOME PARK
ALLOWING RESIDENTS OF ALL AGES
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the
City of Huntington Beach in the City Council Chambers of the Civic Center located at
2000 Main Street, Huntington Beach, California, at the hour of 6:00 p.m. or as soon
thereafter as possible on September 16, 2013 to extend for ten months and
fifteen days the moratorium on the conversion of any mobilehome park currently
existing in the city from a park occupied primarily or exclusively by residents 55 years or
older (housing for older persons) to a mobilehome park allowing residents of all ages.
This proposed extension applies City wide to any existing mobile home parks that have
at least eighty percent (80%) of the full-time residents aged fifty-five (55) years or older.
If you challenge any of the above in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Clerk at, or prior to the public hearing.
All citizens are invited to attend the public hearing and provide the City Council with
written and oral comments or ask questions concerning this item.
The City of Huntington Beach endeavors to accommodate persons of handicapped
status in the admission or access to, or treatment or employment in, City programs, or
activities. The City of Huntington Beach is an equal opportunity employer.
Dated: September 5, 2013
City of Huntington Beach
JOAN FLYNN, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Telephone: (714) 536-5227
http://huntingtonbeachca.�,ov/HBPubi]cComments/
11-3133/public hearing notice mobile homes (2).docx
9/.t113
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
TO EXTEND FOR TEN MONTHS AND FIFTEEN DAYS THE MORATORIUM ON THE
CONVERSION OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY
FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS 55
YEARS OR OLDER (HOUSING FOR OLDER PERSONS) TO A MOBILEHOME PARK
ALLOWING RESIDENTS OF ALL AGES
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the
City of Huntington Beach in the City Council Chambers of the Civic Center located at
2000 Main Street, Huntington Beach, California, at the hour of 6:00 p.m. or as soon
thereafter as possible on September 16, 2013 to extend for ten months and
fifteen days the moratorium on the conversion of any mobilehome park currently
existing in the city from a park occupied primarily or exclusively by residents 55 years or
older (housing for older persons) to a mobilehome park allowing residents of all ages.
This proposed extension applies City wide to any existing mobile home parks that have
at least eighty percent (80%) of the full-time residents aged fifty-five (55) years or older.
If you challenge any of the above in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Clerk at, or prior to the public hearing.
All citizens are invited to attend the public hearing and provide the City Council with
written and oral comments or ask questions concerning this item.
The City of Huntington Beach endeavors to accommodate persons of handicapped
status in the admission or access to, or treatment or employment in, City programs, or
activities. The City of Huntington Beach is an equal opportunity employer.
Dated: September 5, 2013
'City of Huntington Beach
JOAN FLYNN, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Telephone: (714) 536-5227
htt6://huntingtonbeachca.gov/HBPublicComments/
11-3133/public hearing notice mobile homes (2).docx
Printed by:06Q2 Patricia Gamino Aug 28:2013,8:41'am
Salesperson:
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`'Placed tiy; Patty Esparza
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Ad Copy:
NOTICE OF PUBUC HEARING
CRY OF HUNTINGTON
BEACH
TO EXTEND FOR TEN
MONTHS AND FIFTEEN
DAYS THE MORATO-
RIUM ON THE CON-
VERSION OF ANY
MOBILEHOME PARK
CURRENTLY EXISTING
IN THE CITY FROM A
PARK OCCUPIED PRI-
MARILY OR EXCLU-
SIVELY BY RESIDENTS
55 YEARS OR OLDER
(HOUSING FOR OLDER
PERSONS) TO A MO-
BILEHOME PARK AL-
LOWING RESIDENTS OF
ALL AGES
NOTICE IS HEREBY
GIVEN that a public
hearing will be held by
the City Council of the
City of Huntington Beach
in the City Council
Chambers of the Civic
Center located at 2000
Main Street, Huntington
Beach, California, at the
hour of 6:00 p.m, or as
soon thereafter as
possible on September
16, 2013 to extend for
ten months and
fifteen days the mora-
torium on the conver-
sion of any mobilehome
park currently existing
in the city from a park
occupied primarily or
exclusively by residents
55 years or alder
(housing for older
persons) to a mobile-
home park allowing
residents of all ages.
This proposed extension
applies City wide to any
existing mobile home
parks that have at least
eighty percent (90%) of
the full-time residents
aged fifty-five(55) years
or older.
If you challenge any of
the above in court, you
may be limited to raising
only those issues you or
someone else raised at
--- ad proof pg.1
1 f;. 0 LA.SS.I F:11,E D r r m,== : •.. -
Printed by:0602 Patricia Gaffdno Aug 29,2013,8:41 am`
j IIpgAlgjC�'tg Salesperson: OUR"
Phone: Adit3S624631
the public hearing
described in this notice,
or in written corre-
spondence'delivered to
the City Clerk at, or
prior to the public
hearing.
All citizens are invited
to attend the public
hearing and provide the
City Council with written
and oral comments or
ask questions concern-
ing this item.
The City of Huntington
Beach endeavors to
accommodate persons of
handicapped status in
the admission or access
to, or treatment or
employment in, City
programs, or activities.
The City of Huntington
Beach is an equal
opportunity employer.
Dated: September 5,
2013 '
City of Huntington Beach
JOAN FLYNN,City Clerk
2000 Main Street
Huntington Beach,CA
92648
Telephone:(714)536-
5227
http://
huntingtonbeachca.gov/
HBPublicComments/
--- ad proof pg.2 ---
PROOF O F NOT OUR RING
QTY OFNUNTINGTNGTON
PUBLICATIONFACH
BAN
TO EXTEND FOR TEN
MONTHS AND FIFTEEN
D A Y S T H E
MORATORIUM ON THE
CONVERSION OF ANY
MOBILEHOME PARK
CURRENTLY ,EXISTING
STATE OF CALIFORNIA) IN THE CITY FROM A
PARK OCCUPIED
PRIMARILY OR
)'
EXCLUSIVELY BY SS, RESIDENTS 55 YEARS
) OR 'OLDER (HOUSING
FOR OLDER PERSONS)
COUNTY OF ORANGE
TO A MOBILEHOME
PARK ALLOWING
RESIDENTS OF ALL
AGES
I am a citizen of the United States and a NOTICE IS HEREBY EN that a public hearing
resident of the County of Los Angeles• I will c held by the city
r Council of the
am over the age of eighteen years r and Beach in city h n Huntington
the City Coun-
cilnot a art to or interested in the notice Chambers of the Civic
party center located at 2000
ppublished. I am a principal clerk..of the Main Street, Huntington
p p Beach, California, at the
HUNTINGTON -BEACH hour of real er as
or as
soon thereafter as pos-
sible n September 16',
INDEPENDENT ,which Was-'adjudged a,:
zois to extend for ten
months and
..newspaper. of general .circulatiori: on fifteen days the mor-
September.'29, 1961,.case A6214,, and. sio�'of any tmob lenome
June .11, 1963,,'case..A24831:,,for the the c c ty fromestin a�park
City of Huntington Beach County of occupied Primarily or
exclusively by residents
55 years or older (hous-
Orange, and the State of. to
a mobilehome park al-
.Attached to this Affidavit is a true and lowing residents of all
complete copy as was printed and ages. This proposed ex-
tension applies City wide
to any existing mobile
published on the following date(s): home parks that have at
least .eighty ,percent
(80%) of the full-time
residents aged fifty-five
(55)years or older. .
If oue any of
Thursday, September 5, 2013 he abo eailnncourt, you
may be limited to raising
only those issues you or
someone else raised at
the public hearing de-
certify (or declare) under penalty scribed in this notice,or
corre-
spondence written corre-
of perjury that the foregoing is true the City delivered to
r
the City Clerk, at, or
prior to the public hear-
and correct. All citizens ere invited-to,
attend the public hear-
ing and provide the City
Council with written and
oral comments or ask
questions concerning
Executed on September 11 , 2013 this item.
The City of Huntington
at Los Angeles, California Beach endeavors
commodate personsns Rf of
handicapped status in
the admission or access
to, or treatment or em-
ployment in, City pro-
grams, or activities.The
City of Huntington
Beach is an equal er' 5,
oppor-
tunity employer.
Dated: September
2013'
SIg118tUC2 C'ty of ton Beach
JDAN FLYNN City Clerk
2000 Main Street
Huntington Beach,CA
92648
Telephone:(714)536
5227
http://
huntingtonbeachca.gov/
HBPublicComments/
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Sunday, September 15, 2013 12:13 PM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 15811 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Mary Jo Baretich
Description: Dear Council Members,
Regarding Item 21, I urge you to adopt Ordinance No. 3990, the Interim Urgency
Ordinance extending the Moratorium on the conversion of any mobilehome park
currently existing in the city from a park occupied primarily or exclusively by residents
over 55 years (Senior Residents) to a mobilehome park allowing residents of all ages.
As you are aware, these seniors moved into their publicized Senior Park to live in an
environment set up for Senior living. The amenities, safety, noise level, and total
atmosphere are not the same as in an All-Age park. Seniors in their Senior Parks
experience a quiet enjoyment of the Jacuzzi and pool without noisy teenagers or small
tots jumping in next to them, quiet reading or games in the clubhouse and library, and
leisurely walks around the park on roads without the worry of teenage drivers speeding
down the street or skateboarders running into them and disabling their wheelchairs or
walkers.
Living is a Senior Park is similar to living in the Huntington Landmark.
Please vote Yes on this Ordinance.
Unfortunately, I am currently in Washington State at this time and cannot speak at the
September 16th City Council Meeting.
Thank you,
Mary Jo Baretich
State President, Golden State Manufactured-home Owners League (GSMOL)
Expected Close Date: 09/16/2013
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SUPPLEMENTAL
COMMUNICATION
Meeting Date:-� ( Z/-3
Agenda item No.
MHeT
Manufactured Housinp,Educational
?a4z�'
BOARD OF DIRECTORS September 16, 2013
Errealke Board Sent via E-Mail to j flvn 0ij.surf'cityzhb.org
Araident
%Wn IlomhurC
1Wh idenl SUPPLEMENTAL
&d Art&rwn
i'macu , COMMUNICATION1AW Milk Mayor Connie Boardman
arr.•relary Mayor Pro Tem Matthew Harper
Natwieraaygru Members of the City Council Moo" 9116/'�10 Li
`"""'m'il
talean CirBiolo City of Huntington Beach
&Ath Caw nhivr 2000 Main Street 1o#W&I%m No,
L.ImrStan Nl h4till..lr.li.r.hrr
Stan Huntington Beach, California 92648
4•uz MnAitiu
Bo Br,nd-Y:i Pmrierx
Nib Rend RE: City Council Item 21 — OPPOSE EXTENSION OF MORATORIUM
duke Faitbndh�r
Jx;Gn�•ning
Bib 11a ""' Honorable Mayor Boardman and Council Members:
Craig lloua.w
.h•rry D.Jar•nbson
JimJ .4 A° MHET is a non-profit association dedicated to the preservation the manufactured
im Martin
Dann Panrheri housing lifestyle and to the protection of the property rights of the mobile home park
Adrtwry Coneaditer
TettyDox•dall business owners who provide housing in the seventeen privately owned mobile home
David FYnwoiw A parks in the City of Huntington Beach.
!tlt.lanr.
D icr Thom,
Punresrdears Ed We are opposed to the City enacting any regulations that will restrict the property rights
Ed F.�an•.
J.It.6'ii,W„<. of the owners of these parks. This includes the enactment of any restrictions by the City
W.L.�hiBlrr
Riker'Dougher,Sr.drSr•
rrrry Doug that will require the private business owner to discriminate against potential customers
Pnttl Rncl�iek based on
JanrtCBixat age. Specifically, MHET opposes the adoption of any zoning ordinance
fluke hrr
flrr;rn.l6non.., urgency ordinance or moratorium that would restrict a property owner from renting their
a
ChrinTra&)
Larz ASn.•\don property to any age group they choose.
Ja%r Jones
&tith rAmnhLws
rrai¢11Okinder 11 Rotrat Ohrn We oppose the extension of the moratorium for 10 months.
Stan bts 01.Jr.
Eile.•n Cirilln
LUerrnte Attached are letters from the owners of Huntington Beach mobile home parks urging the
_4ward meat City to stay out of regulating how the manage their business.
Award Rer•lplenGv Y Y g g Y g
Norm bic4d-
Jahn Cwan
Mkn`v x,,L Additionally the City needs to be aware of the risks involved in going down this path. I
E.t LogHrt A.n A.Bs2cs have attached an article which describes the City of American Canyon paying $575,000
HaJ,Trycolden
Bam•F liatstrn to a mobile home park owner who sued the City on the issue of regulating the
JZ.NlM At rY conversion of parks from senior to all-age facilities. This is not a risk the City of
101A Huntington Beach can afford to take!
Ahore and Regond
Award Rw:tplrntx
A'iliishtdler As previously outlined and communicated with the Council, the following reasons
Stan hla;ill
Den Jnr,hg support our request to not extend the moratorium and to not move forward with the
raw Bmtwirk pp q
JC.arelit im Man ��s n adoption of regulations preventing parks from changing from senior to all-age
Jartira Junrs communities.
CM4u natiiPco
luith Cax•nhiw.-r
Janlra&Bnuiek
Freruttre Director eaW Pa.eeo dr Alicia,Suite 120•Laguna Milts;Cal�i)ruia 9KV•Phoxte:949.&0.3*03•F(m 949.&AS310
Vick1eTa169• EnwO:irlloCa'mh.t.nrp • *hsite:traw.rnhet.org
Southern California VHET Serving Orange,Riverside anti.Sala Bernardino Counties since 1982
Page Two
• Findings cannot be made that there is a need to preserve the fewer than 1500 mobile
home units in Huntington Beach mobile home parks that may be occupied by
seni6rs.9 These 1500 units make up only 2%of the total 78,000 total housing units in
the Cify`that;are available to seniors city-wide. Additionally, the seniors living in
these mobile homes are an extremely small special interest group of only .03% of all
of the 47,426 seniors living in the City. And, residency by families and children, per
se, cannot'possibly pose a serious or immediate threat to public health and safety.
• Prior-to this issue:being raised by the City Council, no mobile home parks in the City
were contemplating changing the age rules. As a result of the City Council's action,
at least one mobile home park owner has served legal notices to the park residents in
order to vest their rights to change from a senior park to an all age park. This park
owner has repeatedly stated on the record that they do not want to change to an all
age park at this time, but under the circumstances they feel they have not choice but
to take action to protect their property rights.
• This precipitous action to protect less than .03%of the seniors living in the City is a
potentially extremely costly action for a City with far more important and pressing
financial challenges and, as previously stated, is completely unnecessary. The City
Attorney has already put on the Council's agenda discussions regarding the threat of
litigation by mobile home park owners over this issue.
• The City should not be in the business of telling property and business owners how
to run their business operations when it comes to who they must choose as
customers. Would the City adopt a similar ordinance that would require apartment
owners, restaurant owners, and other businesses to serve only seniors who make up
only 25% of the City's population?
• There are many factors for a business to consider when choosing who its customers
are. In Huntington Beach the City's mobile home parks are almost evenly split
between all-age and senior communities. The free market system is working. The
City does not have to "fix" it. Apparently, at this time, there are enough seniors
interested in living in a mobile home in Huntington Beach.
However, as time changes and demographics change,the owner of a business should
be able to modify the business to accommodate the changes. To the case in point,
there may be increasing opportunity for seniors regarding housing options in the
future and mobile homes may become less desirable for seniors than the other
options. In that case, the owners of the mobile home parks that are currently senior
would need to consider a change in their business.
Page Three
• There is no need to force a very small segment of the City's housing providers to
provide housing only for seniors. There are currently a significant number of senior
housing opportunities in Huntington Beach to provide for the seniors. A quick
search for"senior housing in Huntington Beach" resulted in a variety of senior
apartments, condominiums, and other facilities. Of course, the vast majority of
Huntington Beach seniors live in single family detached housing.
• A mobile home park that is designated a"senior"community or, "housing for `older
persons' over 55 years of age", are not required to have 100% of the occupants be 55
years of age or older. According to federal law, up to 20% of the residents of the
community may be all-ages. Seniors living in the"senior"parks are not now living
in communities that are all seniors. The City refers to parks with occupancy by
eighty percent older persons; however, there is no mention of qualified parks for
"older persons," which requires compliance with a comprehensive litany of
requirements and conditions. Mere occupancy is not enough; the City cannot force
owners to become"older persons"housing without establishing evidence of
compliance with ALL federal requirements of the affected parks.
• When a park is a senior park, the mobile home owners who want to sell their homes
are restricted to selling to only 25% of the buyers and are not allowed to sell to the
other 75% of willing buyers who are not seniors. Countywide the senior population
is only 16.5%. Without the senior restriction, the seller has access to 100% of the
buyers. This is a dramatic disadvantage to the owners of mobile homes.
• Moreover, the elder communities in Huntington Beach parks all appear to be
homogenous enclaves of Caucasian residency. Excluding families is to cause a
disparate impact of shutting out families. Families are a disproportionately minority
(protected classes under federal law). The disparate impact caused by the
moratorium results in an unmistakable but clear secondary effect: the denial of
housing based on national origin, color and race.
• When a park is designated as a senior park homes may only be sold to seniors. If an
underage person inherits a mobile home upon the death of a tenant,the underage
person may not move into the park and is forced to sell the home. This is only one
example of the "unintended consequences" of the City trying to regulate who can
and cannot live in mobile home parks. Who will police and enforce the regulations?
Conduct required surveys? Qualify new tenants?Defend the park owners in housing
discrimination complaints?Advertise housing to conform to zoning as required?
Undertake all the requirements of the operation of the parks required of the city
when a zoning law is proposed?The City assumes all responsibilities for intent to
operate, yet there is no direction,budgeting, or manpower devoted to paying for
these new city services.
Page Four
We urge the City Council to reject the proposal to regulate mobile home park housing
and to not adopt a moratorium or other regulations restricting who can live in the City's
mobile home parks.
Sincerely,
Vickie Talley
Executive Director
cc: Huntington Beach Mobile Home Park Owners
Attachments: "American Canyon settles mobile home suit for%575,000"
Letters from Scandia Mobile Country Club, Huntington Shorecliffs,
Brookside Manor and Del Mar Mobile Estates
American Canyon settles mobile home suit for$575,000 http://napavalleyregister.com/news/local/american-canyon-settle...
Napa VaIley
Regisi erocom
American Canyon settles mobile home suit for $575,000
JULY 01,2011 7:48 PM • KERANA TODOROV
American Canyon will pay a Roseville-based mobile home park owner $575,000 to settle
a federal suit the owner filed last year, saying the city had violated federal fair housing
laws, city officials said Friday.
The American Canyon City Council voted Tuesday in a special meeting to settle the
lawsuit that mobile home park owner Ken Waterhouse filed on May 2010 after the city
passed a law to prevent the conversion of senior-restricted mobile home parks into
all-age facilities.
Waterhouse owns the business that runs Napa Olympia Mobilodge on American Canyon
Road, a facility where the vast majority of residents were seniors.
In 2006, Waterhouse and his representatives said they would lift the age restriction at the
park, whipping a storm of protest from the senior residents.
The residents pleaded with city officials to find a way to keep their mobile home park
restricted to seniors, saying the facility was not designed for children and that they had
moved there because it was an age-restricted facility.
The City Council, which wanted to preserve affordable housing, eventually took a series
of measures to prevent the conversion of such parks into all-age facilities.
In the lawsuit, filed in May 2010 in U.S. District Court for the Northern District of California
in San Francisco, Waterhouse's attorney, David Spangenberg, argued that the Napa
Olympia Mobilodge had not been a senior-restricted park for years because past owners
had not taken a census of the residents' age as required under federal law.
On June 6, U.S. District Judge William Alsup granted victory to Waterhouse, saying the
city had violated the Fair Housing Act. On Monday, the parties met to discuss a
settlement that resulted in Tuesday's vote.
Neither City Attorney Bill Ross, Spangenberg or Waterhouse could be reached for
comment Friday.
1 of 1 9/12/13 4:28 PM
a Brookfield Manor,Inc. Del Mar Mobile Estates, Inc.
9850 Garfield Avenue 19251 Brookhurst Street
Huntington Beach,CA 92646 Huntington Beach, CA 92646
September 12,2013
Mayor Connie Boardman
Mayor Pro Tem Matthew Harper
Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach,California 92648
RE: City Council Item 21
Oppose Extension of MR Park Moratorium
Mayor Connie Boardman and Members of the City Council,
I am writing as a Huntington Beach mobile home park owner to urge you to not extend
the moratorium and urgency ordinance regulating age restrictions in the city's mobile
home parks. The owners of the city's mobile home parks are responsible business
operators who offer housing to both seniors and families. We do not need to be
regulated.
There is no need to have the City become involved in the management of our businesses
by regulating who we can or cannot rent to. The free market place provides those
business incentives and today the ciry's mobile home parks are almost evenly split
between senior and all age housing.
t
While we have no plans to modify our current business plan,we believe that there is no
place for government to step in and tell us how to operate our business.
We respectfully request that you do not extend the moratorium on mobile home parks.
Sincerely,
1�l i
Gregory C. Hexberg
President
Huntington Shorediff LP
4040 MacArthur Blvd—Suite 300
Newport Beach, CA 92660
949-251-0444
(fax) 949-251-0888
September 12,2013
Mayor Connie Boardman
Mayor Pro Tern Matthew Harper
Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
RE: City Council Item 21
Oppose Extension of ME Park Moratorium
Mayor Connie Boardman and Members of the City Council,
1 am writing as a Huntington Beach mobile home park owner to urge you to not extend
the moratorium and urgency ordinance regulating age restrictions in the city's mobile
home parks. The owners of the city's mobile home parks are responsible business
operators who offer housing to both seniors and families. We do not need to be
regulated.
There is no need to have the City ecome mvo v ui a managemen o bmtaLw
by regulating who we can or caunot rent to. The free market place provides those
business incentives and today the city's mobile home parks are almost evenly split
between senior and all age housing. 7
While we have no plans to modify our current business plan,we believe that there is no
place for govermnent to step in and tell us how to operate our business.
We respectfully request that you do not extend the moratorium on mobile home parks.
Sincerely,
John R. Saunders
Manager
Huntington Shorecliffs LP
z
SKANDIA MOBILE COUNTRY CLUB
Division of I.UBBELL FAMILY,LLC
1161 Bryant Road
Long Brcb,CA 90815
562.498-2248 FAX 362.597-1958
September 12,2013
Mayor Connie Boardman
Mayor Pro Tem Matthew Harper
Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach,California 92648
RE: City Council Item 21
Oppose Extension of MH Park Moratorium
Mayor Connie Boardman and Members of the City Council,
1 am writing as a Huntington Beach mobile}tome park owner to urge you to not extend
the moratorium and urgency ordinance regulating age restrictions in the city's mobile
home parks. The owners of the city's mobile home parks are responsible business
operators who offer housing to both seniors and families. We do not need to be
regulated,
There is no need to have the City become involved in the management of our businesses
by regulating who we can or cannot rent to. The free market place provides those
business incentives and today the city's mobile home parks are almost evenly split
between senior and all age housing.
While we have no plans to modify our current business plan,we believe that there is no
place for government to step in and tell us how to operate our business.
We respectfully request that you do not extend the moratorium on mobile home parks.
Sincerely,
%
Sandra H. Darling
Owner, Skandia Mobile Country Club
t
I
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 16, 2013 12:05 PM
To: Esparza, Patty
Subject: FVV: Vote to preserve Senior Mobile Home Parks
From: Martin Van Genderen [mailto:maartienvg@gmail.com]
Sent: Friday, September 13, 2013 10:12 PM
To: Carchio, Joe
Cc: Fikes, Cathy
Subject: Vote to preserve Senior Mobile Home Parks
Dear Council Member Carchio,
Appreciative and mindful of your support in the past vis-a-vis issues affecting Seniors , I now earnestly request
your support to extend the moratorium to preserve Senior Mobile Home Parks.
Martin Van Genderen
Rancho Huntington - Spc 126
Huntington Beach, CA 92646
SUPPLEMENTAL
COMMUNICATION
Meeting Date: �1 /&Z3
Agenda Item No.— 6?3 z
i
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 16, 2013 12:05 PM
To: Esparza, Patty
Subject: FW: Moratorium
From: Janice Genelle [mailto:genellejan@socal.rr.com]
Sent: Saturday, September 14, 2013 7:06 AM
To: Carchio, Joe
Cc: Fikes, Cathy
Subject: Moratorium
Dear Council Member Carchio,
Your vote to extend the moratorium to preserve senior mobile home parks is very important. I appreciate your
support in the past and look forward to your continued interest and participation in the future.
Mr. Carchio, as a resident of Rancho Huntington Mobile Home Estates and as a voter living in Huntington
Beach, I ask you to please vote in favor of the moratorium to keep the senior parks in HB senior.
The folks, who purchase a home in a Senior Park, do so with the full intent of living in community with other
seniors. However, we are now fully aware that the term Senior Park is a loose term that can be altered at any
time by the owners of a mobile home park. When a park is reclassified from a Senior Park to a family park, it
has the same effect as would any residential area that is re-zoned in the city. If a family would purchase a
home in a residential area, planning to live in community with other families, and then find out that the area
they live in is to be re-zoned to accommodate a business, this family and other families would be rightly
devastated. However, this would not happen on a whim like it has happened in a mobile home park because a
residential area is zoned in such a manner as to provide protection for the home owners. Sadly, as seniors, we
are aware that there is little protection provided to us, living as we do in a Senior Park.
I have supported you with my vote and I would appreciate your vote supporting me and my neighbors at
Rancho Huntington.
Thank you, Council Member Carchio.
Janice Genelle
Space#89
SUPPLEMENTAL
COMMUNICATION
Meeting Date:��LL�,I
Agenda Item No. O3 Z
i
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 16, 2013 12:05 PM
To: Esparza, Patty
Subject: FW: Moratorium
-----Original Message-----
From: sparisi@socal.rr.com [mailto:sparisi@socal.rr.com]
Sent: Saturday, September 14, 2013 10:43 AM
To: Fikes, Cathy
Subject: Moratorium
Mr. Carchio, as a resident of Rancho Huntington Mobile Home Estates and as a register voter
living in Huntington Beach, we ask you to please vote in favor of the moratorium to keep the
senior parks in HB SENIOR PARKS.
Thank You for your consideration in this matter.
Sam F Parisi
714-655-9750
SUPPLEMENTAL
COMMUNICATION
Meeting Date:
__ 2//,/,
Agenda item No.
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 16, 2013 12:04 PM
To: Esparza, Patty
Subject: FW: HB Senior Mobile Home Parks
SUPPLEMENTAL
COMMUNICATION
From: Lisa McNeil [mailto:lcmcneil39@gmail.com]
Sent: Sunday, September 15, 2013 2:15 PM Meei1V pate:
To: Carchio, Joe
Cc: Fikes, Cathy
Subject: HB Senior Mobile Home Parks Agenda Item No._
Dear Council Member Carchio,
I am writing to thank you for your vote on the temporary moratorium, and to ask you to support a long-term
moratorium to protect seniors in Huntington Beach mobile home parks. I currently live in Rancho Huntington,
as does my mother who will be 87 next month, and my cousin who is in the latter stage of early onset
Alzheimer's disease. I am only in my early 50s and planned to continue working full-time until I was at least 67,
but I have been diagnosed with an aggressive form of rheumatoid arthritis that has already required several
surgeries and that I'm afraid may result in the loss of my job. I have already lost many months of pay in the past
two years due to the surgeries.
I attended the city council meeting where you said that you thought we could negotiate a solution between
Rancho Huntington owners and residents if all parties were sincere in what they want to do. I would like to
believe it is possible to work out a reasonable compromise but I've lost all faith in that being feasible. Recently I
received a call at work on my emergency-only contact number from Drieta Bronkey, a representative of the
management company, who very aggressively tried to convince me to sign the all age lease and to persuade my
mother to sign the lease. At that point we had not even seen copies of the newest version of the lease. I
mentioned to Ms. Bronkey that many of the residents of these senior parks, like myself and my family, are
dealing with serious health issues and/or are quite elderly, and we don't have the resources for the huge rent
increase up to $1500 a month or higher within a couple of years that is rumored and that has happened in some
other parks. Ms. Bronkey then dismissively said "being elderly or ill has nothing to do with it. My parents are
elderly and they are well off financially." I interpreted this to mean that the management company and the
owners believe that senior park residents, because we are not wealthy, deserve whatever bad things may happen
to us as a result of the park conversions and potential huge rent increases. I am frightened about people like my
mother losing much of their life savings that was invested to purchase their homes, and about the limited
options ahead that I see for many of us.
I don't expect Huntington Beach to be the same small town that my grandparents,parents, and my siblings and
cousins and I once lived in, where working class families can thrive and even build or purchase their own
homes. At this point all I'm trying to do is keep my mom and myself hanging on here to see my mom through
the end of her life in a place she is familiar with, where she still has some surviving friends and family. I know
there are many other seniors in these parks who are in similar situations, with modest goals to just live out the
rest of their lives in the home that they have invested most of their life savings in.
Thank you again for your previous vote, and for taking the time to listen to the concerns of Huntington Beach
senior mobile home park residents.
Lisa C. McNeil
i
19361 Brookhurst St. Space 192
Huntington Beach, CA 92646
lcmcneil39ggmail.com
2
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 16, 2013 12:03 PM
To: Esparza, Patty
Subject: FW: Thank you for keeping our Senior mobile home parks Senior
To all Council
From: Jodie Wollman [mailto:jodiewollman@gmail.com]
Sent: Sunday, September 15, 2013 7:01 PM
To: Boardman, Connie
Cc: Fikes, Cathy
Subject: Thank you for keeping our Senior mobile home parks Senior
Good evening, Mayor Boardman,
My name is Jodie, and my husband and I live in Rancho Huntington Mobile Home Estates(RHMHE). I am writing to
thank you for all of your support of seniors in Huntington Beach, especially in regard to the ordinance that Councilman
Katapodis initiated and the moratorium that you had the foresight to bring to the table,to keep our park a senior
community. Thank you, Mayor Boardman! I know that when the City Council votes on Monday, September 16th (Item
No. 21 of the Public Hearing portion of the meeting)that you will continue to encourage the entire Council to get this
vote right. Thank you.
It is imperative that the Council respect and support our senior citizens. Seniors in mobile home parks need you to help
us maintain the lifestyle that we voluntarily chose when we purchased our homes—that of a senior community. We
need the City Council's assistance to protect us from park owners who want to turn mobile home parks into all-age
parks.The senior parks are what our financial situations allow and they afford us the living conditions favorable to
seniors,especially those who are frail. Having children and the requisite environment they would produce would make
our senior parks much less safe and less hospitable for the elderly.
Homeowners in mobile home parks own their individual homes, and we rent the small piece of ground that the home
sets on. Even though they are most often known as"mobile homes,"there is nothing "mobile" about these homes. Our
current home,for example, is a 2007 triple-wide home with 1,740 square feet of living space. We upgraded from the
original 1966, 900-square-foot home that was on the space when we moved into the park in 2000. Even if we were to
move our home to another park within Huntington Beach,the cost would be at least$50,000 to dismantle, move and re-
set up the home. If the home is moved to Hemet, with mileage alone, I would venture to guess the cost would increase
to$100,000.
1 know that you will vote to help seniors—a group that is often the underdog.
Thank you, Mayor Boardman,for continuing to do the right thing and voting for the moratorium to keep our mobile park
as a senior community.
Jodie
SUPPLEMENTAL
Pete and Jodie Wollman COMMUNICATION
19361 Brookhurst Street, Space 84 n
Huntington Beach, CA 92646-2953 Meeting Date: 7
ZZ6,L�j
Agenda Item No.
i
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 16, 2013 12:03 PM
To: Esparza, Patty
Subject: FW: Vote to keep Senior Parks Senior
From: Billrhb@aol.com [mailto:Billrhb@aol.com]
Sent: Sunday, September 15, 2013 7:29 PM
To: Boardman, Connie
Cc: Fikes, Cathy
Subject: Vote to keep Senior Parks Senior
Good evening, Mayor Boardman,
My name is Bill, and my wife and I live in Rancho Huntington Mobile Home
Estates (RHMHE). I am writing to thank you for all of your support of
seniors in Huntington Beach, especially in regard to the ordinance that
Councilman Katapodis initiated and the moratorium that you had the foresight
to bring to the table, to keep our park a senior community. Thank you,
Mayor Boardman! I know that when the City Council votes on Monday,
September 16th (Item No. 21 of the Public Hearing portion of the meeting)
that you will continue to encourage the entire Council to get this vote
right. Thank you.
It is imperative that the Council respect and support our senior citizens.
Seniors in mobile home parks need you to help us maintain the lifestyle that
we voluntarily chose when we purchased our homes-that of a senior community.
We need the City Council's assistance to protect us from park owners who
want to turn mobile home parks into all-age parks. The senior parks are what
our financial situations allow and they afford us the living conditions
favorable to seniors, especially those who are frail. Having children and
the requisite environment they would produce would make our senior parks
much less safe and less hospitable for the elderly.
Homeowners in mobile home parks own their individual homes, and we rent the
small piece of ground that the home sets on. Even though they are most
often known as"mobile homes," there is nothing "mobile"about these homes.
Our current home, for example, is a 2005 double-wide home with 1,640 square
feet of living space. Even if we were to move our home to another park
within Huntington Beach, the cost would be at least$50,000 to dismantle,
move and re-set up the home. If the home is moved to Hemet, with mileage
alone, I would venture to guess the cost would increase to$100,000.
SUPPLEMENTAL
know that you will vote to help seniors-a group that is often the COMMUNICATION
underdog.
Meeting Date:
Agenda Item No.� pZz
Thank you, Mayor Boardman, for continuing to do the right thing and voting
for the moratorium to keep our mobile park as a senior community.
Bill
Bill & Karen Reitz
19361 Brookhurst Street, Space 1
Huntington Beach, CA 92646-2954
M'HeT
MuLibmrmi Housing Educatiomi
BOARD OF Dinc-ToRs September 16, 2013
Kreejitke Board Sent via E-Mail to iflynnAsurffity-lib.om
Prrsidenl
W nnldoniburg
ke PrrAw"..
W41 Awlr,nv)n
eq Mill-S Mayor Connie,Boardman
&"fary Mayor Pro Tem Matthew-Harper
N.WU Members of the City, Council
Past prm&ent
Elleen Cirillo- City of Huntington Beach.-
Keith C:m ahiscr 2000 Main Street
LhameNnW,n"m.iJter.r Huntington Beach, California.9 2648S
Luz,Nfi,kdw
BaardAlombetw
Njh RE: City Council Item 21 —City in Violation-of California,Government Code
hard A.11311
Hill lt�" Honorable Mayor Boardman and Council Members:
Uhle llous,-r
Ji,rry D.Jae Wn
Cunt LIU
Jim 11min We have consulted with.legal counsel regarding the action the Council has taken
Deann Panchen regarding the moratorium and the pending extension..of the moratorium. It appears that,
Advesory Conwittlev
the city has Overstepped its authority and is in violation of the California Government
Code, Please note the following:
Data Thomxt
,Past Presidents
Fd EN1110 Cal.Gov.Code § 65858 is cited,by Huntington Beach as authority for enacting, and
J.n.Phflur�
W.lAn 3fillhr now extending, the "interimurgency ordinance."'
14)6!rf.01mider St
Garry D"aher,Sr.
hul 13,.tvick
Jima Gl&rt § 65858--allbws.a municipality to adopt an interim ordinance"prohibiting any uses
QRrko'FWrl;rotMr
PAjyve Jnn,N that may, be in conflict with a . . . zoning proposal that the legislative body,planning
ilu rN
Uu-z MeAda, commission or the planning department is considering:P.r studying or intends to
[with QLwnhL,,er study w.ithin.areasonable.time." (sec. 65658(a))
Cmig IWIwor
Ruben.` 11
FRP.Itn CiriflD § 65858(c), however,further states that the.municipality "shall not adopt or extend
an interim ordinance. . . unless the ordinance containsdegislative.findings that there
A
Atrard RwIplents is a current.and immediate threat to the public-health, safety,,or-welfare, and thatthe
Norm Mc-Adou
J�,hn Crm approval of additional'.subdivisions; use permits,variances, building permits, or
R .Braxlf�
9.,JLwrLN:%-j any other applicable entitlement for,use Which.is required in order to comply with
Ed E-cam
L.,;nn�%_Bogm a.zoning ordinance would result,in that threat to public health, safety., or welfare."
J,iry,Gc4d,!n
llanT 11 Kamm (emphasis:supplied).
J,�. Afiuny
MIN
WHA It does not appear that the original interim urgency ordinance (#3 986)even includes;
'I bore and BP nd
Award&VIP a t,, a finding that the approval of additional entitlements would result in the,threat to
public health, safetyor welfare.
Min JWAS
Paul fl,,-toirk
G.Brunt,,_%m,n The proposed extension(#3990)jdoes recite.(in the last paragraph of section 3)that
Jim Amain
jaln"i.jom!i "the approval of permits or other entitlements-authori z
Glwlu Thavinso ing the conversion of senior,
Ki"b(;wMI&Ir
janwn B.&mUck mobile,home parks-for persons 55 years of age and older to a mobilehome park,
Ei,ecutlrp Director ZZ J-Pasvo doAliei4,Suite,120-kquw Hills.California.4.0653 a ftynm 94.1)MQ308•Fax-949.380.3310
vi_rkicTalHn Ewaikivofo@mhet.org - fffbsit&wwrttm&etorg,
Souther em 6aliforidd-,VHET Suruing Orange,Rh)ersW atid.San Bernardino Cou n ties-sinc e I.V2
Page Two
allowing residents of all ages wouldresult in that threat to the public health, safety
and welfare."
That finding is spurious unless there is actually a municipal permit or other
entitlement that would-be needed for an existing senior mobile.home park to convert
to an all ages park. But Ordinance 4.3990, itself(in�the 3d paragraph of section 3)
acknowledges that owners of senior mobile-home parks can accomplish that
conversion"simply by changing park rules using the procedure in.Civil Code
Section 798.25." The City appears to have concluded that conversion can be
accomplished by private.action, with no municipal entitlement required.
§.65858 authorizes a municipality to impose a moratorium on issuing local land use
entitlements where such entitlements would threaten the public health, safety and
welfare. It appears that Huntington Beach is attempting to use-that provision to
prohibit action that does not need a municipal entitlement in the first place
(conversion from senior mobile home park to all-ages-mobile home park)..
We respectfully urge the City Council to reject the proposal to regulate mobile home
park housing and to not adopt a moratorium based upon the fact that the City does not
have the authority to enact such a moratorium.
Sincerely,
Vickie Talley
Executive Director
cc: Huntington Beach Mobile Home Park Owners
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, September 23, 2013 11:29 AM
To: Esparza, Patty
Subject: FW: Thank you for keeping our Senior mobile home parks Senior
From: Jodie Wollman [mailto:jodiewollman@gmail.com]
Sent: Sunday, September 22, 2013 10:30 AM
To: Boardman, Connie
Cc: Fikes, Cathy
Subject: RE: Thank you for keeping our Senior mobile home parks Senior
Hello, Mayor Boardman,
This is my first opportunity since Monday night's vote to thank you for voting for the seniors in your
constituency by voting for the moratorium. Thank you so much for initiating the moratorium and extending
it in the vote on Monday night.
I am proud to have you representing me and the rest of the seniors in Huntington Beach.
Sincerely,
Jodie
Pete and Jodie Wollman
19361 Brookhurst Street, Space 84
Huntington Beach, CA 92646-2953
(714)963-2214 home
(714) 580-7426 Jodie's cell
From: Jodie Wollman [mailto:jodiewollman@gmail.com]
Sent: Sunday, September 15, 2013 7:01 PM
To: 'Connie.Boardman@surfcity-hb.org'
Cc: 'CFikes@surfcity-hb.org'
Subject: Thank you for keeping our Senior mobile home parks Senior
Good evening, Mayor Boardman,
My name is Jodie, and my husband and I live in Rancho Huntington Mobile Home Estates (RHMHE). I am writing to
thank you for all of your support of seniors in Huntington Beach, especially in regard to the ordinance that Councilman
Katapodis initiated and the moratorium that you had the foresight to bring to the table,to keep our park a senior
community. Thank you, Mayor Boardman! I know that when the City Council votes on Monday,September 16`h (Item
No. 21 of the Public Hearing portion of the meeting)that you will continue to encourage the entire Council to get this
vote right. Thank you.
1
It is imperative that the Council respect and support our senior citizens. Seniors in mobile home parks need you to help
us maintain the lifestyle that we voluntarily chose when we purchased our homes—that of a senior community. We
need the City Council's assistance to protect us from park owners who want to turn mobile home parks into all-age
parks.The senior parks are what our financial situations allow and they afford us the living conditions favorable to
seniors,especially those who are frail. Having children and the requisite environment they would produce would make
our senior parks much less safe and less hospitable for the elderly.
Homeowners in mobile home parks own their individual homes, and we rent the small piece of ground that the home
sets on. Even though they are most often known as"mobile homes,"there is nothing "mobile" about these homes. Our
current home, for example, is a 2007 triple-wide home with 1,740 square feet of living space. We upgraded from the
original 1966, 900-square-foot home that was on the space when we moved into the park in 2000. Even if we were to
move our home to another park within Huntington Beach, the cost would be at least$50,000 to dismantle, move and re-
set up the home. If the home is moved to Hemet,with mileage alone, I would venture to guess the cost would increase
to$100,000.
1 know that you will vote to help seniors—a group that is often the underdog.
Thank you, Mayor Boardman, for continuing to do the right thing and voting for the moratorium to keep our mobile park
as a senior community.
Jodie
Pete and Jodie Wollman
19361 Brookhurst Street,Space 84
Huntington Beach, CA 92646-2953
2
H- 1 ORDINANCE NO. 3990
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY�OF
HUNTINGTON BEACH, CALIFORNIA, EXTENDING FOR TEN MONTHS AND FIFTEEN
DAYS THE MORATORIUM ON THE CONVERSION OF ANY MOBILEHOME PARK
CURRENTLY EXISTING IN THE CITY FROM A PARK OCCUPIED PRD4ARILY OR
EXCLUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIO RESIDENTS)
TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES T TAKE EFFECT
IMMEDIATELY
The City Council of the City of Huntington Beach does hereby ordain follows-
SECTION 1. FINDINGS. The Ordinance No. 3986, en ted by the City Council of
the City of Huntington Beach (the"City") on August 5, 2013 pl ed a forty-five(45) day
moratorium on the conversion of any mobilehome park existin in the City on that date from a
park occupied primarily or exclusively by residents over the ge of 55 years(senior residents)' to
a mobilehome park allowing residents of all ages. In part e moratorium on conversion allows
the Citv time to study whether an amendment to the Mopilehome Park Overlay District to limit
or prohibit such conversions is necessary to protect the public, health, safety and welfare by
providing adequate affordable local housing for senior citizens, and whether such an ordinance
would have any adverse effects on the general housing market in the City; and
Section 65858 et.al. of the California iGovernment Code allows an urgency ordinance
enacted under the California Government Code to be extended for ten months and fifteen days
past the original 45-day urgency period, following a noticed public hearing, in order to further
study the immediate health and safety pro 'lems identified in Ordinance No. 3986 and
At -least ten-(10) days -prior -to September -16, 201-3, -the City-Clerk has caused to be
published in a newspaper of general circulation a notice advising that on September 16, 2013 at
6:00 p.m. or as soon thereafter, �lie City Council will' conduct a public hearing to consider
extending Interim Ordinance 3986; and such public comment and hearing was conducted on
September 16, 2013 at the regular-City Council meeting.
7
SECTION 2. EXTENSION OF MORATORIUM. The initial forty-five (45) day
moratorium on mobilehome park conversions enacted by Ordinance No. 3986, is hereby
extended for an additional ten months and fifteen days and shall take effect immediately.
SECTIONi3. DECLARATION OF URGENCY, FINDINGS. Ordinance No. 3990 as
well as staff report in support of the Request for Council Action advances the idea that the City
of Huntington/Beach ("City") does not have enough affordable senior housing options which
continues to/Create problems for seniors that will only increase with the aging population.
' Housing for Older Persons Act(HOPA)provides that"Senior"is defined as someone 62 years old and over.
HOPA defines housing that are restricted to 55+,as"Housing for Older Persons".
13-3865/101051.doex
Mobilehome parks represent one of a few affordable housing options left to senior citizens t t
permit exclusive residence in a detached dwelling by those individuals over the age of 55 tears.
As set forth in the Housing Element of the City's General Plan, an important goal for thezCity is
to preserve the existing senior housing stock which is represented in part by ordable
mobilehome housing. "Converting" mobilehome parks from a "seniors only" to al ages parks
would reduce the number of senior housing units available to those persons 55 years of age and
older. There are 18 mobilehome parks in the City, 10 of which are operating as senior
mobilehome parks. Thus, converting the `seniors only' mobilehome park to family parks
would result in a significant reduction in the number of affordable housin units available to
senior citizens of the community and is irreparably detrimental to them as it creates an
immediate threat to their health, safety and welfare. . Further, the annocement that the City is
studying this issue and may develop a zoning ordinance restricting the change of seniors only
mobilehome parks has resulted in the owners) of mobilehome parkO pursuing conversions to
all age mobilehome parks prior to any such ordinance taking effect There is immediate threat
to the public health, safety and welfare that would result from allowing the unregulated
conversion of senior housing to non-senior housing justifies the extension of the interim urgency
ordinance.
Based on initial research and analysis, in contras to other senior housing in the City,
mobile home parks afford seniors the ability to live in their own homes rather than in apartments
and provide a senior living community in low-rise setts g that typically provides a clubhouse for
community events and socializing as well as recreation facilities inside the park so that the
residents can easily walk to these facilities and event, Many of the seniors living in these senior
mobile home parks enjoy having their grandchildren visit them in the parks, but they, like the
seniors without grandchildren, purchased mobile homes in a senior park in order to live in a
quieter community with others in their own age group and purchased their homes in these parks
because they were senior parks that only accepted prospective purchasers of homes in the park if
at least one occupant of the mobile home being purchased was 55 years or older.
While senior housing complexes yin' the City, other than senior mobile obtle home parks, are
generally restricted to senior occupancy by conditions, covenants, and restrictions, that is not the
case in senior mobile home parks. /The residents of those mobile-home parks relied upon the
representation of the park management and park owners that only seniors could purchase homes
in those parks and obtain tenancie/s in those parks. These representations were set forth in the
leases or rental agreements they/were required to sign upon purchasing a mobile home in the
parks and moving into the parks and in the rules of those parks, which the residents were also
required to sign and acknowledge. Now some owners of senior mobile home parks have
indicated that they can, and/are already attempting to, change their parks from senior parks to
family parks, over the objections of their senior residents, simply by changing park rules using
the procedure in Civil Code Section 798.25.
2 The two letters to residents of Rancho Huntington mobilehome park residents declaring intent that the mobilehome
park no longer restrict housing to older persons(55+)are attached to ordinance no3986.
13-3865/101051.docx
While the seniors now living in senior mobile home parks could remain i�/a park that
changed to a family park, those seniors would no longer enjoy the quiet and companionship of a
senior community and the limited supply of senior parks that now exists in the City could be
greatly diminished or even eliminated. Since mobile homes are not mobile in/any practical sense
due to the high cost of moving a home, the risk of damage to the home in moving, the loss of
improvements such as porches, patios, carports, and landscaping, which cannot be moved, and
the lack of available rental spaces 'in senior parks, or in any mobile4home park in the City or
surrounding areas that will accept re-locating homes, senior residents of a park that becomes a
family park would have to sell the homes in which they have lived for many years and in which
they have invested both financial and personal resources in/order to move to another senior
'facility. After selling their mobile homes, these seniors may no longer have sufficient funds to
purchase a mobile home in another senior park or senior facility.
The City of Fluntington Beach currently does of have a "senior only" mobilehome park
zoning ordinance in place, but such a zoning ordinance may be needed in the immediate future to
preserve the few senior only housing options left to our senior citizens. The change from a
"senior only" mobilehome park to an "all ages' mobilehome park will reduce the number of
housing units available to those persons 55 years of age and older.
Based upon the foregoing, the Ci/y Council finds that there is a current and immediate
threat to the public health, safety and welfare, and the approval of permits or other entitlements
authorizing the conversion of senior 1obilehome parks for persons 55 years of age and older to a
moblilehome park allowing reside is of all ages would result in that threat to the public health,
safety and welfare.
SECTION 4. EFFECTIVE DATE-. The Council' finds that public health, safety and
welfare require that this ordinance become effective upon its adoption and passage, pursuant to
California Government Code Section 65858.
SECTION 5. /SVVERABI]LITY. If any section, sentence, clause or phrase of this
ordinance is for an reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdic lon, such decision shall not affect the validity of'the remaining portions of
this ordinance. T,he City Council hereby declares that it would have passed this ordinance and
adopted"this or• inane and' each section, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
TA � i
13-3865/101051.docx
SECTION 6. PUBLICATION. The City Clerk shall cause this ordinance to be posted,i/r�
three places designated by City Council pursuant to City Charter Section 500(c) and published
by title with a brief summary at least once within fifteen(15) days after its adoption in a
newspaper of general circulation, published in the County of Orange and circulated in'the City,
in accordance with Section 36933 of the California Government Code, shall certify/to the
adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof
of publication, to be filed in the Office of the Clerk of this City.
PASSED AND ADOPTED by the City Council of the City of'Huntington Beach at a
regular meeting thereof held on the 16th day of September, 2013.
/Mayor
ATTEST: APPROI D AST FORM:
M/
i//', L�-
City Clerk C City Attorne.
REV ND APPROVED: INITIATED APPROVED:
PO4anager %x City A orney
=r 1
13-3865/101051.docx
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
SS. PARK OCCUPIED PRI- REPRESENT ONE OF A CITY. RECENTLY, TH
) WOFHUNiINGTON' MARILY DR EXCLUSIVE- FEW, AFFORDABLE NINTH CIRCUIT COUR
COUNT OF ORANGE
LY BY RESIDENTS OVER HOUSING OPTIONS LEFT 'OF APPEALS ISSUED
tN. THE AGE OF 55 YEARS TO SENIOR CITIZENS RULING ' IN PUTNAi
LEKNOM " (SENIOR RESIDENTS). THAT PERMIT EXCLU- FAMILY PARTNERSHI
UROMCIfW1NMaNO. TO A MOBILEHOME SIVE RESIDENCE IN A V. CITY 'OF YUCAIW
PARK ALLOWING RESI- DETACHED DWELLING ("PUTNAM") (2012).67
1 am a citizen Of the United States and a 3986 DENTS' OF ALL. AGES BY THOSE INDIVIDUALS F.3D 920, IN WHICH I
�t� AND DECLARING<`THE OVER THE AGE OF 55 DETERMINED THAT CIT
resident of the County of Los Angeles; I Adoptedb�tlroUty�oolldl URGENCY THEREOF;TO YEARS. THERE ARE 18 WAS NOT PREEMPTE
NIAMYS,2013 TAKE EFFECT,IMMEDI- MOBILE HOME PARKS IN FROM CREATING A
am over the age Of eighteen years, and "AW INTERIM ''ORDI. ATELY" THE CITY OF WHICH 10 OVERLAY DISTRIC
NANCE OF THE CITY. SYNOPSIS: ARE OPERATING AS THAT RESTRICTED TH
not a party to or interested in the notice COUNCIL OF THE"CTY TREK" A LACK -OF SENIOR MOBILE HOME AGE OF CERTAIN M(
OF HUNTINGTON BEACH SENIOR HOUSING OP PARKS. THE 10 SENIOR BILE HOME RESIDENT
published. I am a principal clerk Of the ESTABLISHING A TEM, TIONS IN AND AROUND MOBILE HOME PARKS TO 55+. IN ADDITIOP
PORARY MORATORIUM THE.CITY OF.HUNTING- REPRESENT APPROX- BY CREATING TH
HUNTINGTON BEACH ON THE CONVERSION/ TON BEACH THAT WILL IMATELY 1,539 SPACES OVERLAY DISTRICT, TH
CHANGE O,F ANY ONLY .INCREASE WITH OUT OF 2,951.SPACES, CITY DID NOT DH
INDEPENDENT; which'was adjudged a MOBILEHOME PARK THE AGING POPULATION OR 52.15 PERCENT OF CRIMINATE IN HOUSIN
CURRENTLY' EXISTING OF THE', COMMUNITY. ALL. OF THE MOBILE ON THE BASIS OF FI
'newspaper',Of general circulation On IN THE CITY FROM A MOBILE HOME PARKS HOME SPACES IN THE MILIAL STATUS. I
September, 29, 1961, case A6214, and LIGHT OF THIS RECEN
JUDICIAL DECISION, TH
CITY
'June 11, 1963, case A24831,., for the THE`CITTYN TITORNEYTT
CREATE AN INTERIM OF
City of Huntington Beach,. County Of DINANCE AND A MOF
THORIUM TO PRESERV
Orange, and the State . Of California.- SENIO
THE EXISTING SENIO
Attached to this: Affidavit.,is a true and MOBILE HOME PARKS.
PASSED .AND ADOPTE
complete.: copy �as was printed and the by the Cit of yCof CouncHunting <
to
Beach at -a regulE
published on the following date(s): meeting held
August.5, 2013 by 0
following roll call vote:
AYES: Sullivan, Hard,
Boardman, Carchio
Thursday, August 15, 2013 NOES:Harperdis
ABSTAIN:None
ABSENT:None
THE FULL TEXT OF TH
ORDINANCE I
AVAILABLE IN THE CIT
CLERcertify (or declare) under penalty This rdinae a is,, e
of perjury that the foregoing is true f CITY OFHUNTINGTOF
BEACH
and correct. 2000MAINSTREET
HUNTINGTON BEACH
CA 92648
714-536-5227
JOAN L.FLYNN,CITY
CLERK
Executed on August 23, 2013 Published H.B. Indepei
dent8/15/13
at Los Angeles, California
Signature
Dept.(D CA 1-3-009-Page 1 of 2
Y. Meeting Date:8/5/2013
CiTY OF HUNTINGTON BEACH
REQUEST FORZITY COUNCIL ACTION
MEETING DATE: AUgUSt 5, 2013
SUBMITTED TO: Honorable mayor-and City Council Members
SUBMITTED-BY: Jennifer McGr ity Attorney
PREPARED BY: Jennifer McGr ity Attorney
, SUBJECT: Adopt Ordinance No. 3986, An Interim Ordinance Establishing a
Moratorium on Conversion of Senior Mobile Home Parks
Statement of Issue:
There is a lack of senior housing options in and around the City of Huntington Beach that
will only increase with the aging population of the community. Mobile home parks
represent one of a few affordable housing options left to senior citizens that permit
exclusive residence in a detached dwelling by those individuals over the age of 55 years.
There are 18 mobile home parks in the City of which 10 are operating as senior mobile
home parks. The 10 senior mobile home parks represent approximately 1,539 spaces out
of 2,951 spaces, or 52.15 percent of all of the mobile home spaces in the City. Recently,
the Ninth Circuit Court of Appeals issued a ruling in Putnam Family Partnership v. City of
Yucaipa, ("Putnam") (2012) 673 F.3d 920, in which it determined that City was not
preempted from creating a overlay district that restricted the age of certain mobile home
residents to 55+. In addition, by creating the overlay district, the City did not discriminate in
housing on the basis of familial status. In light of this recent judicial decision, the City
council directed the City Attorney to create an interim ordinance and a moratorium to
preserve the existing senior mobile home parks.
Financiallmpact: N/A
Recommended Action: Adopt Ordinance No 3986, "An Interim Ordinance Of The City
Council Of The City Of Huntington Beach Establishing A Temporary Moratorium On The
Conversion/Change Of Any Mobile Home Park Currently Existing In The City From A Park
Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents) To A Mobile Home Park Allowing Residents Of All Ages And Declaring The
Urgency Thereof, To Take Effect Immediately!
Alternative Action(sl: Do Not Adopt Ordinance No 3986, "An Interim Ordinance Of The City
Council Of The City Of Huntington Beach Establishing A Temporary Moratorium On The
Conversion/Change Of Any Mobile. Home Park Currently Existing In The City From A Park
Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents)To A Mobile Home Park Allowing Residents Of All Ages And Declaring The
Urgency Thereof, To Take Effect Immediately."
Item 27. - I HB -678-
Dept.1D CA 13-009-Page 2 of 2
Meeting Date:8/5/2013
Analysis:
A temporary land use regulation (often called a "moratorium") is a mechanism by which a
zoning regulation is adopted for a limited period of time without having to go through the
normal process of public hearings. State law requires a current and immediate threat to the
public health, safety and welfare in order to adopt a moratorium. In this case, the City of
Huntington Beach has a finite amount of housing that is designated as senior only housing
and is affordable. One such housing option is mobile homes. After the decision in Putnam,
in an effort to protect the City's limited resource of age restricted mobile home parks, the
City Council directed staff to look at how this may be accomplished. The announcement
that the City is studying this issue and may develop a zoning ordinance restricting the
change of seniors only mobile home parks has resulted in the owner(s) of mobile home
park(s) pursuing conversions to all age mobile home parks prior to any such ordinance
taking effect. In order to preserve the status of mobile home parks operating as senior only
parks, the City will need to adopt as an urgency measure an interim ordinance to preserve
the existing senior only mobile home park.
Environmental Status: N/A
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. Ordinance No 3986,An Interim Ordinance Of The City Council Of The City Of Huntington Beach
Establishing A Temporary Moratorium On The Conversion/Change Of Any Mobile Home Park
Currently Existing In The City From A Park Occupied Primarily Or Exclusively By Residents Over The
Age Of 55 Years(Senior Residents)To A Mobile Home Park Allowing Residents Of All Ages And
Declaring The Urgency Thereof,To Take Effect Immediately
HB -679- Item 27. - 2
ATTACHMENT # 1
IL-
Mein 27. - 3 HB -680-
-
ORDINANCE NO. 3986
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING A TEMPORARY MORATORIUM ON THE
CONVERSION/CHANGE OF ANY MOBILEHOME PARKCURRENTLY
EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY
OR EXCUSIVELY BY RESIDENTS OVER THE AGE OF
55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK
ALLOWING RESIDENTS OF ALL AGES AND DECLARING
THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY
WHEREAS, the lack of senior housing options in and around the City of Huntington
Beach(the "City") continues to create a serious problem for senior citizens living in the City that
will only increase with the aging of the community's population; and
Mobilehome parks represent one of a few affordable housing options left to senior
citizens that permit exclusive residence in a detached dwelling by those individuals over the age
of 55 years; and
As set forth in the Housing Element of the City's General Plan, an important goal for the
City is to preserve the existing senior housing stock which is represented in part by affordable
mobilehome housing; and
Mobilehome parks represent four percent of the City's housing stock. "Converting"
mobilehome parks from a"seniors only" to all ages parks would reduce the number of senior
housing units available to those persons 55 years of age and older; and
There are 18 mobilehome parks in the City, 10 of which are operating as senior
mobilehome parks; and
The 10 senior mobilehome parks represent approximately 1,539 spaces out of 2,951
spaces, or 52.15 percent of all of the mobilehome spaces in the City; and
Change from a"senior only" to an"all age" mobilehome park will unduly burden and
irreparably harm senior citizens within the community; and
The City Council of the City has determined that an urgency ordinance is necessary to
protect the public health, safety and welfare of the citizens of the City.
13-3865/100059.doc 1
Ordinance No. 3986
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Declaration of UrEency.
The City Council finds and declares:
1. The City's General Plan Housing Element includes policies and goals for the
protection of senior housing and development and establishes the City's objective to provide
sufficient housing for senior residents.
2. In 2009, the City of Yucaipa, California adopted an Ordinance which amended its
land-use plan by creating a Senior Mobilehome Park Overlay District. The Ordinance prohibits
any of the 22 mobilehome parks in Yucaipa that currently operate as senior housing (defined as a
park in which either 80 percent of the spaces are occupied by or intended for occupancy by at
least one person who is age 55 or older or 100 percent of the spaces are occupied by or intended
for occupancy by people who are age 62 or older), from converting to all-age housing.
Mobilehome park owners sued, alleging that the Ordinance violated the Federal Law (Fair
Housing Amendments Act (FHAA) by forcing them to discriminate on the basis of familial
status, and by interfering with their ability to "aid[ ] or encourage[ ]" families with children in
the enjoyment of fair housing rights, id. § 3617. Plaintiffs also argued that the ordinance was
preempted by the FHAA [Federal Law] because it required plaintiff to take action that the FHAA
prohibited.
3. In 2012, the Ninth Circuit Court of Appeals issued a ruling in Putnam Family
Partnership v. City of Yucaipa, ("Putnam") (2012) 673 F.3d 920, in which it determined that the
ordinance was not preempted and that the overlay district did not discriminate in housing on the
basis of familial status in violation of FHAA (if the federal senior housing exemption applies
(which it did in this case)), since the FHAA's ban on familial status discrimination does not apply
to "housing for older persons."
4. In light of this recent judicial decision, the City intends to develop new zoning
regulations relating to the preservation of senior mobilehome parks, which zoning regulations
include provisions relating to the location and age restrictions of such parks.
5. Based upon the current state of the law, if a temporary moratorium is not
established, existing senior mobilehome parks in the City could be eliminated.
6. There is a current and immediate threat to the public health, safety and welfare
arising from the lack of senior housing options for citizens aged 55 and older in and around the
City. The change from a"senior only" mobilehome park to an"all ages" mobilehome park will
reduce the number of housing units available to those persons 55 years of age and older. Further,
the announcement that the City is studying this issue and may develop a zoning ordinance
restricting the change of seniors only mobilehome parks has resulted in the owner(s) of
13-3865/100059.doc 2
Ordinance No. 3986
mobilehome park(s) pursuing conversions to all age mobilehome parks prior to any such
ordinance taking effect.I
6. Article XI, Section 7 of the California Constitution authorizes cities to adopt local
police, sanitary, and other ordinances not in conflict with general laws.
7. The California Legislature has authorized cities to provide zoning for "senior
only" mobilehome parks pursuant to Health and Safety Code §18300.
8. As discussed above, in Putnam, the California Court of Appeal has confirmed
previous California Attorney General opinion that such senior only zoning does not conflict with
the general prohibition against discrimination based upon age contained in California
Government Code §65008 (87 Cal. Ops. Atty. Gen. 148 (Oct. 20, 2004)).
9. The City currently does not have a "senior only" mobilehome park zoning
ordinance in place, but such a zoning ordinance may be needed in the immediate future to
preserve affordable housing options left to the City's senior citizens.
10. The City requires time to study and decide:
a. If such an ordinance is necessary to protect the public, health, safety and
welfare and provide adequate local senior housing for the community's aging population.
b. If such an ordinance would have any adverse effects upon the general
housing market and particularly the senior and low-income housing market in the City. Further,
whether any potential effects from the removal of a senior housing resource in the City constitute
a current and immediate threat to the public safety, health and welfare.
C. The extent City may regulate internal operations of mobilehome parks.
d. Given the harm to the community by the removal of senior only
mobilehome parks, this moratorium is being established to preserve the status quo to provide
time to seek clarification of the law, and permit City staff to develop appropriate regulations
consistent with the requirements of the law.
SECTION 2. Moratorium.
In order to protect the public health, safety and welfare and pursuant to the provisions of
Government Code §65858, a moratorium is hereby placed prohibiting the"conversion" of any
mobilehome park currently in existence in the City from a park where at least eighty percent
(80%) of the full-time residents are individuals aged fifty-five (55) years and older (a"senior
only" mobilehome park) to a mobilehome park accepting all ages of residents.
'Attached to this ordinance are two letters to residents of Rancho Huntington mobilehome park residents declaring
intent that the mobilehome park no longer restrict housing to older persons(55+).
13-3865/100059.doc 3
Ordinance No. 3986
SECTION 3. Exceptions.
This ordinance shall not apply to any undeveloped parcels of land or to any mobilehome
parks currently operating within the City where the number of full-time residents younger than
55 years of age comprise twenty-one percent (21%) or more of the total number of residents in
the mobile home park.
SECTION 4. Report.
Staff is directed to provide a written report to the City Council at least ten days prior to
the expiration of this ordinance, describing the study conducted of the local housing conditions
that led to the adoption of this ordinance in accordance with State law.
SECTION 5. Effective Date.
This ordinance is declared to be an urgency ordinance measure adopted pursuant to the
provisions of Government Code Section 65858. As set forth in the findings above, this
ordinance is necessary for preserving the public safety, peace, health and welfare of the
community. Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance
shall take effect immediately.
SECTION 6. Expiration.
This moratorium shall be of no further force or effect upon the expiration of forty-five
(45) days from the date of adoption, unless extended in accordance with California Goverrunent
§65858.
SECTION 7. Severability.
If any section, sentence, clause or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and adopted this ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Further, the
City Council hereby declares that this ordinance neither is intended to nor shall it impair the
obligation of existing contracts.
SECTION 8. Publication.
The City Clerk shall cause this ordinance to be posted in three places designated by City
Council pursuant to City Charter Section 500(c) and published by title with a brief summary at
least once within fifteen (15) days after its adoption in a newspaper of general circulation,
published in the County of Orange and circulated in the City, in accordance with Section 36933
of the California Government Code; shall certify to the adoption of this ordinance and shall
cause a certified copy of this ordinance, together with proof of publication, to be filed in the
Office of the Clerk of this City.
13-3865/100059.doc 4
Ordinance No. 3986
SECTION 9. CEOA Ezempton.
The City Council finds that, regarding the California Environmental Quality Act
(CEQA),there is no possibility that the adoption of this ordinance may have a significant adverse
effect on the environment (CEQA Guideline 15061 (b)(3)).
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5 t h day of August , 20� 13 .
e
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk UCitj Attorney `7 3 t3
REVIE . APPROVED: MTIATED AND APPROVED:
C WE n a k er Cit Attorney
�1 3; J3
13-3865/100059.doc 5
19361 BROOKRURST STREET ...R.m
HuNTINGTON BEACH,CALLFORNiA 92646
(714)962,7311
July 26,2013
FINAL NOTICE OF NEW RULES AND REGULATIONS
To All Resident(s):
- Recenti ,all-residentswere advised-of ascheduled meeti to discussproposed,amendmentte-the-rulesand-re ulations. ursuantio-the Mobilehome--
Y- n9 ' 9 P —
Residency Law(Civil Code§§798,et seq.). All residents were provided the opportunity to comment on the proposed change to the rules and regulations.We
want-to thank you for your input and comments. The new and final rule amendment is as follows:
AMENDMENT TO THE RULES AND REGULATIONS
THIS NOTICE IS PROVIDED TO EACH RESIDENT IN ACCORDANCE WITH THE MOBILEHOME RESIDENCY LAW AS A BINDING AMENDMENT TO
THE RULESAND REGULATIONS OFTHE PARK.ALL EXISTING RULES REMAIN IN FORCEAND EFFECT EXCEPTWHICH ARE INCONSISTENTWTTH
THE FOLLOWING AMENDMENT.THE RULES AND REGULATIONS ARE AMENDED BY ADDITION OFTHE FOLLOWING PARAGRAPH TO READ AS
FOLLOWS:
ALL-AGE COMMUNITY:Housing provider is an"all age"community and welcomes families with children under the age of eighteen(18).This
housing provider has no intent to operate an`older persons"community and will no longer restrict housing to older persons(55+).At least one
tenantinust'have.the legal capacity to enter a contract All rules and regulations which mandate or require adult supervision of minors in common
facilities,ldsot Lhours of.usage,.orbar access on.the basis of age are rescinded.
FAIR HOUSING POLICY(REVISED):WE DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING
• e LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE,COLOR,RELIGION,SEX,SEXUAL
ORIENTATION OR PREFERENCE,HANDICAP OR DISABILITY,AGE, FAMILIAL STATUS, SOURCE OF INCOME, NATIONAL
T ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATORY ACTIONS OF THE
MANAGEMENT,HOMEOWNERS,RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO OWNER'S AGENTS,OR THE
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
MANAGEMENT WILL NOT AT ANYTIME UNLAWFULLY ADMINISTER.ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING
OR PROSPECTIVE TENANTS,RESIDENTS,OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS.NO SUCH
UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED;
ANYIINLAWFUL DISCRIMINATION KNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES
FOR PROSE.P"ON..
'Please be advised that all rules and regulations previously in effect and which are consistent with the amendment will continue to be effective and
in full force and effect The new rule and regulation amendment will take effect in accordance with the applicable provisions of the Mobilehome Residency Law
:(Cvi!Code§§798,-et seq.). If you desire to provide any additional comments or should have any further questions regarding this amendment,you are
welcomed„and encouraged to contact the management.
Each individual resident has the unwaivable right and power to consent to the new rule and regulations amendment if desired.If you wish to consent
ao the new rule and regulation amendment,it becomes effective at such time as you elect to consent to it.If you desire to consent in writing,you may execute
this noticeiri the space provided below and return the bottom portion of this notice to the park office.Otherwise,the new rule and regulation amendment takes
effect in 180 days(6 monthhs)after service of this notice for homeowners who have not expressly agreed in writing.
Again,should thereby any further questions or comments respecting this amendment or any matter regarding the rules or the park,please feel free
to contact the management
Please feel free to contact management in the event that you desire to ask any additional questions or have any comment:
Sinc ly,
-Abe Arrr
Author1zed.Agen1vtt9,6=er
CONSENT To RULE AND RE MMENT
I;. space no. .HEREBY CONSENT to the amendment of the rules and regulations set forth above.
Please retum this page to the park office for our records.Thank you.
Dated; : ..
RESIDENT SIGNATURE.
Familial Status Protections:
• In 1988,Congress enacted the FHAA to proscribe"familial status"discrimination. "Familial status" is defined
as"one or more individuals(who have not attained the age of 18 years)being domiciled with ...a parent or
another person having legal custody of such individual or individuals." 42 U.S.C.§ 3602(k)(1). Specifically,
under the FHAA it is unlawful:
• (a)To refuse to sell or rent. . .because of...familial status ....
_ .. ... •(b)To discriminate...in the... sale or rental of a dwelling ..because of...familial status.
• (c)To make,print,or publish. ._.any preference.... based on ...familial status_..
42 U.S.C. §3604.
Illegal to Interfere with Providing Familial Status Protections:
• Section 3617 of the FHAA: `Flit shall be unlawful to coerce, intimidate,threaten, or interfere with any
person in the
• exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided
or encouraged any other person in (familial status rights). 42 U.S.C. §3617.
No"Interference"ALLOWED in Providing"Familial Status"
• U.S.v. Hayward(1992)805 F.Supp.810: Park owner filed HUD complaint.
• The United States then filed an action against Hayward.
• The Court: Hayward violated the FHAA by coercing and interfering with Park owner's efforts to rescind its
"older persons" rules and regulations.
Only Owner May Claim Intent To Operate
• Once park owner.institutes change to familial status, City cannot interfere.
• Hayward attempts to claim the exemption on behalf of the petitioners.This Court concludes that only owners
and managers may claim the exemption. . .
U.S. v. Mainlands
• Homeowners'association did not institute age-verification procedures adequately evidencing intent to
provide housing for persons 55 years or older prior to taking action against two homeowners with children,
• These six factors are: • (1) written rules and regulations; • (2)the manner in which the housing is described
to prospective residents, • (3)the nature of advertising; a (4) age verification procedures; • (5) lease
provisions;and • (6)the actual practices of the owner or manager in enforcing relevant lease provisions and
relevant rules and regulations.
Putnam v.Yucaipa:
• The City(cannot) ensure that the Overlay District meets the fairly rigorous statutory requirements of
maintaining an • eighty-percent senior population, • publishing and • adhering to policies, and • complying
with occupancy verification rules,see 42 U.S.C. §3607(b)(2)(C), and that the Overlay District does so
• in advance of engaging in what would otherwise be discriminatory conduct, (i.e. conduct which disqualifies
the park from OPH).
If Park does not qualify for OPH,cannot enforce:
The Act prohibits a housing provider from"coercing,intimidating,threatening or interfering with anyone in the
exercise or enjoyment of,or on account of his having exercised or enjoyed any right granted or protected by the
Act.42 U.S.C.Sec.3617.The Government asserts that Respondents retaliated against Joyce Vern and Barbara
McDermott.. .
Yucaipa Does Not Apply to the Facts in R Huntington:
• The Park owner desires to and has in fact converted.
• The City has Failed to Act in Advance of the Conversion.
• It Would Constitute a Violation of§3617 of Federal law to coerce, intimidate or force park owner to
discriminate against children.
RANCHO HUNTINGTON MOBILE HOME ESTATES
19361 BROOKHURST STREET
HUNTINGTON BEACH,CALIFORNIA 92646
(714)962-7311
NOTICE OF AMENDMENT TO RENTAL AGREEMENT
July 16,2013
Dear Residents:
This letter serves to provide notice of amendment to the rental agreement under which you reside in Rancho Huntington by the addition of
the covenant set forth below.You currently reside in the park at space 22 pursuant to a written rental agreement entered into on
February 14 , 2005
Management has no further intention of enforcement of"older persons"housing regulations. The rental agreement is amended, by this
notice as provided b Civil Code§827 amendment of periodic tenancies),to comply with the federal housing mandate entitled "Federal
Fair Housing Amendyments Act of 1988, which guarantees the right of"familial status,"which includes the right of persons of all ages to
occupy mobilehomes in the park. This means that all residents are afforded the opportunity to allow the grandchildren to move in, extended
families to share housing in these difficult economic.times and allows residents to sell their homes to persons without regard to age
restrictions.All persons intending on sale of their homes should make full disclosure of this amendment to all prospective purchasers,
AMENDMENT TO THE RENTAL AGREEMENT
THIS NOTICE IS PROVIDED IN ACCORDANCE WITH CALIFORNIA LAW AS A BINDING AMENDMENT TO THE RENTAL
AGREEMENT. THE RENTAL AGREEMENT IS HEREBY AMENDED BY ADDITION OF THE FOLLOWING PARAGRAPH TO READ AS
FOLLOWS:
FAIR HOUSING POLICY OF RANCHO HUNTINGTON (REVISED)..IS AS FOLLOWS: WE DO BUSINESS IN
® ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO
OPPORTUUNIRM,, DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION SEX, SEXUAL
OPPOTY ORIENTATION OR PREFERENCE HANDICAP OR DISABILITY, FAMILIAL STATUS SOURCE OP-INCOME
NATIONAL.ORIGIN, ANCESTRY OR F6R ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATOP
ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO
OWNER'S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER,
ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE TENANTS,
RESIDENTS OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO
SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE
COMMUNITY OR OTHERWISE IS PERMITTED- ANY UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY
SUSPECTED MAY BE REPORTED TO APPROPMATE GOVERNMENT AUTHORITIES FOR PROSECUTION.
"ALL-AGE COMMUNITY: Rancho Huntington has no intent to operate as an "older persons" community and absent such legal
requirement for operation of"older persons housing'can no longer enforce an"older persons" housing restriction.The Park is therefore, by
'law, required toimmediately comply with "familial status" protections of federal and state law. Accordingly, the gpark is an "all-age"
mobilehometo enter
a contract. ALLrk with no minimum g requirements
MAY RESIDE INrTHEnPARKtenancy WITHOUTdRESPECT residence TO least
AND NOT CONDITIONED UPON aORaRES) RICTED
BY FAMILIAL STATUS OR AGE IN ACCORDANCE WITH THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988. THE
FOREGOING AMENDMENT IS FINAL."
"Speedy Dispute Resolution: To resolve disputes quickly and inexpensively with lessee or lessor, we agree to arbitrate our
differences before an impartial arbiter(per the FAA*)we jointly select from a list supplied from an alternate dispute resolution organization
such as the AAA**within 10 days after one side gives written notice of an arbitrable dispute. If a dispute arises with respect to any terms or
provisions of tenancy, with the exception of actions in unlawful detainer,forcible detainer,foreclosure, small claims court or injunctive relief,
the arbiter will decide all aspects of the dispute, including arbitrability and enforceability of this clause. "Disputes" include rent adjustments
or fees, legal compliance in park operation, and park repair and maintenance. AAA** Commercial Rules will apply, and available at
www.adrorg,choose"rules and procedures,"choose"rules,"scroll down to"commercial arbitration rules and mediation procedures. ," A
copy is also on file in the office, No joinder or consolidation or class actions allowed.Arbiter to decide issues under FAA, shall split costs
evenly and decide arbitrability, all within 120 days of selection. Costs to be awarded to the prevailing party; no attorney's fees to either
side. Discovery permitted as per Federal Rules of Civil Procedure."
"*"FAA" refers to the"Federal Arbitration Act." **."AAA" refers to the"American Arbitration Association,""
Please feel free to contact management in the event that you desire to ask any additional questions or have any comment,
Sincerely,
Authorized Agent of the Owner
RANCHO HUNTINGTON MOBILE HOME ESTATES
19361 BROOKHURST STREET
HUNTINGTON BEACH,CALIFORNIA 92646
(714) 962-7311
July 16, 2013
To All Residents at Rancho Huntington Mobile Home Estates,
At last night's City Council meeting, the council directed the City Attorney to draft a moratorium
to be adopted at the next City Council meeting prohibiting existing senior manufactured home
communities from changing to all age communities.
While we previously had no intention of changing the current senior status at Rancho
Huntington, upon the advice-of our attorney we are now moving forward and providing legal
notice that we are changing our status to an all age park to protect our property rights. Please
understand that this is not something we desire;however, the actions by the City Council have
forced us to take this action to preserve our legal rights as property owners. We will dialogue
with you and City representatives at any time, as we stated last night.
OFFER OF COMPROMISE: Further,we will be proposing, as an offer of compromise to the
City Council, that we consider an agreement to preserve senior status at Rancho Huntington for a
fixed period of time while the HOA and management pursue a long term lease with covenants
that protect the interests of the residents and management; including a senior community with
terms that make sense (in lieu of inflexible terms forced on us by government). This makes any
ordinance unnecessary. This proposal is not a release or cancellation of the enclosed notices.
We feel that an agreement between residents and management is much more preferable than a
long,drawn out legal battle with outsiders making decisions affecting your future. We look
forward to meeting with you soon!
Sincerely,
Authorized Agent of the Owner
RANCHO HUNTINGTON MOBILE HOME ESTATES
19361 BROOKHURST STREET
HUNTINGTON BEACH,CALIFORNIA 92646
(714)962-7311
July 16, 2013
NOTICE OF AMENDMENT TO RULES AND REGULATIONS
Dear Residents:
This letter serves to provide notice of a meeting regarding the amendment of the rules and regulations, The amendment provides for a
fair housing policy consistent with the Federal Fair Housing Amendments Act of 1988 and implementing regulations. Accordingly, all
provisions restricting residency to "older persons" (55 years of age and more) as currently set forth in the rules and regulations are
deleted.
All residents are entitled to meet and offer their comments to the amendment. You are invited to attend a meeting to discuss the
amendment to be held at the clubhouse at 10:00 A.M. o'clock, July 26, 2013. Everyone is invited to comment and ask all questions. Of
course, you are not obligated to attend.And, you are free to provide us your written comments at any time, before and after the meeting
for your convenience. If the time set forth above is inconvenient and you desire to meet at a different time, please advise so we may
informally accommodate you.
You are free to consent to the amendment by the terms of the Mobilehome Residency Law (Civil Code §§798, of seq.) ("MRL"), by
returning a signed copy of the amendment. We advise you that this amendment is the final text, and is enforceable only as effectuated
and defined by the MRL.
Please feel free to contact management if you have any questions or comments.
AMENDMENT TO THE RULES AND REGULATIONS
THIS NOTICE IS PROVIDED TO EACH RESIDENT IN ACCORDANCE WITH THE MOBILEHOME RESIDENCY LAW AS A BINDING
AMENDMENT TO THE RULES AND REGULATIONS OF THE PARK. ALL EXISTING RULES REMAIN IN FORCE AND EFFECT
EXCEPT WHICH ARE INCONSISTENT WITH THE FOLLOWING AMENDMENT. THE RULES AND REGULATIONS ARE AMENDED
BY ADDITION OF THE FOLLOWING PARAGRAPH TO READ AS FOLLOWS:
ALL-AGE COMMUNITY: Housing provider is an "all age"community and welcomes families with children under the age of eighteen (18).
This housing provider has no intent to operate an "older persons"community and will no longer restrict housing to older persons (55+),
At least one tenant must have the legal capacity to enter a contract.All rules and regulations which mandate or require adult supervision
of minors in common facilities, restrict hours of usage, or bar access on the basis of age are rescinded.
.EFAIR HOUSING POLICY (REVISED): WE.DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR
=2 HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR,
OQUAL
PPO"TU M RELIGION, SEX, SEXUAL ORIENTATION OR PREFERENCE, HANDICAP OR DISABILITY, AGE, FAMILIAL STATUS,
SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS_ UNDER STATE LAW
DISCRIMINATORY ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED
TO OWNER'S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER, ENFORCE OR EXPRESS ANY
PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE TENANTS, RESIDENTS, OR GUESTS BASED ON ANY
PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS
WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL
DISCRIMINATION. KNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT
AUTHORITIES FOR PROSECUTION.
Please feel free to contact management in the event that you desire to ask any'additional questions or have any comment.
Sincerely,
Authorized Agent of the Owner
Urgency Ord. No. 3986
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on August 5, 2013 and was passed and
adopted by at least five affirmative votes of said City Council.
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw Katapodis
NOES:. Harper
ABSENT: None
ABSTAIN: None
I;JOAN L.FLYNN,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on e F
August 22,2013
hi accordance with the City Charter of said City Cl Clerk and ex-officio Urk
Joan L. Flynn, City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
CITY OF HUNTINGTONEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Jim Katapodis, City Council Member
Date: July 8, 2013
Subject: CITY COUNCIL MEMBER ITEM FOR THE JULY 15, 2013, CITY
COUNCIL MEETING— RESTRICTING SENIOR MOBILE HOME
PARKS FROM BECOMING FAMILY PARKS
STATEMENT OF ISSUE:
In February 2013, the United States Court of Appeals, Ninth Circuit, determined that a
city may establish protections for senior mobile home parks under both federal and
state law. Specifically, the case establishes the ability for a city to adopt a Senior
Mobile Home Park Overlay District to restrict the ability of a senior mobile home park
from becoming a family park.
RECOMMENDED ACTION:
Direct the Planning and Building Director and City Attorney to draft the Senior Mobile
Home Park Overlay District for consideration by the Planning Commission and the City
Council.
xc: Fred Wilson, City Manager
Bob Hall, Deputy City Manager
Joan Flynn, City Clerk
Scott Hess, Director of Planning and Building
Jennifer McGrath, City Attorney
Western
Manufactured Housing Communities
Ihon
RECEIVED FROM � MEETINGAS PUBLIC RECORD FO
OF
July 15, 2013
CITY CLERIC
JOAN L FLYNN,CITY CLERK
The Honorable Connie Boardman c-'aV
Mayor,City of Huntington Beach
2000 Main Street,
Huntington Beach,CA 92648
Re: Item#21 Restricting Senior Mobile Home Parks From Becoming Family Parks
Dear Mayor Boardman:
I am writing asking for you and your fellow council members to refer item#21 on tonight's agenda
Restricting Senior Mobile Home Parks From Becoming Family Parks to the City's Mobile Home Advisory
Board and possibility the city's Planning Commission for review and advisory action.
It is my understanding that it is Council Member Katapodis' desire to mirror the City of Yucaipa's action
of senior overlay zones of these communities.This was done in Yucaipa by changing the zoning of a park
owners' property sometimes against their wishes with very little input from the property owner. It led to
long and lengthy litigation which was very costly to the City of Yucaipa and very divisive amongst
residents and management.
I request that park owners and residents use the resources the city has made available to them to work
on these important issues. Perhaps a consensus can be reached outside city council chambers that
doesn't require regulation or expensive litigation? It would'seem to me this is exactly why the city
decided to keep the Mobile Home Advisory Board when it was threaten to be dismantled not too long
ago. It was important to the past council to have a forum for residents and owners to work on mutual
interest concerns and issues and certainly this issue would be appropriate to be assigned to for review.
Thank you for your thoughtful consideration of my request and my association and members look
forward to working with you on this issue in the near future.
Sincerely,
Jul' Paule
tegional Representative
40335 Winchester Road,#E-165 !Temecula,CA 92591
phone 951.926.0631 1 fax 951.926.8770 email julietapauleconsulting.com 1 web www.wma.org
RECEIVED FROM d44
AS PUBLIC RECORD R M IL�9EETING
SENIOR VS. ALL-AGE PARKS CITY CLERK OFF
Presentation: October 121", 2005 MM u FLY'CITY CLERK
Prepared for the McDonald Family, Azul Pacifico
cc: Clint Lau, Les Frame Inc.
Prepared by Robin Holland
FACTORS:
Tahitian Terrace is a senior mobile home park located in Pacific
Palisades. The owners of the Park are considering changing the
designation of the Park from to senior all-age. The following research
outlines the possible ramifications of that change according to specialists
in the fields of mobile homes, mobile home law, mobile home insurance
and mobile home park management. The final and strongest paragraphs
are from the organization to which park owners themselves belong.
My statement to the entities with which I spoke as to the possible reason
for the change was "... the owners are concerned about legal problems
they have now or may encounter re: discrimination against families. The
owners feel that even though they win the cases because the law is clear,
the effort, threat and possible legal fees would be removed if the owners
changed the Park's designation from senior to all age."
Breakdown:
The comment I heard repeatedly was that the only reason the attorneys
(who had represented both park owners and park residents),
representatives of the various companies and organizations and
managers with whom I spoke could see for changing to an all-age park
was if the park was plagued with vacancies and those vacancies could
not be filled in any other way. And I was repeatedly told it would probably
be a bad move both financially and with regards to increased
maintenance problems.
A sampling of 18 Insurance companies contacted.
Manning and Nozick: Jay Zandman w/c wed w/figures
53 Perimeter Center, #120, Atlanta, GA 30346 800-211-0468 -
Synopsis of comments: "Why would the owners change? The only
reason to change is too many vacancies." The change in premiums
1
would be negligible at first but as claims came in, of course premiums
would increase.
Alliance - Lewis 602-494-6761. "Insurance charges wouldn't change at
first but a change to family park usually leads to more claims. A kid hurt
by a vehicle coming up or down the hill would be a major impact
insurance-wise. There also appears to be other 'built-in' dangers in this
park. If you are having trouble with people claiming they've been
discriminated due to being younger, Alliance offers a stand-alone policy
EPLI/TD (employment practices liability/tenant discrimination) which will
cover that problem as well as several others and it's a much cheaper and
more efficient way to go. It's about $1,700 for $1 Million coverage. It also
will cover the holder on other commercial ventures on the same policy.
Statistically, senior parks are a much better risk (translation: lower
premiums due to fewer and lesser claims) than all-age parks."
Mobile Insurance, 2203 Timberloch, #110, The Woodlands, TX 77380
281-367-9266 xt-17.
They no longer offer MHP insurance in Florida due to the losses they've
incurred from the Florida weather. I was told, however, that they were
incredulous that any owner of a mobile home park would want to change
from senior to all-age due to the likely financial losses that would entail.
The person with whom I spoke said, "Owners usually want to try to figure
out how to go the other way (all-age to senior) because of the savings in
upkeep and management." As an aside, it was strongly suggested that
traffic signage should be clear and very visible and that any increase in
auto accidents would probably be covered initially by the individual's car
insurance if it the signage was reasonable and easily visible. If someone
wanted to sue the Park for an accident claiming it was partially or fully due
to the layout of the road, the signs would possibly help the Park mitigate
at least some of the claim. For other road problems, it would probably
depend on park streets and the park's idiosyncrasies.
CSIE- (Cal. Southwestern Ins.) 800-352-0393 Greg - "Insurers prefer
senior parks because they usually have far fewer claims." Bikes, cars,
(rolling toys,) etc., increase risk dramatically and increase the workload of
the park staff. Senior parks have much lower maintenance, lower work
load and have a reduced number of claims. With family parks, the overall
Park quality goes down and maintenance intensifies markedly. The wear
and tear go up.
2
Synopsis of the rest of the organizations and attorneys contacted:
Insurance companies, management companies, attorneys and park
managers who were called had similar opinions. None thought the
change would save money. They seemed to agree that the initial change
in just the premiums would be lateral but that the real costs would
escalate fairly rapidly with the change-over to younger people in the park.
The density of people per household increases in all-age parks, traffic
goes up and the maintenance and associated costs rapidly increase for
even minimum park maintenance and infrastructure repair. Additionally,
often round-the-clock and/or on-site security are necessary.
-Many of them had, in their own words, "horror stories". The only reason
any of them could see for this change would be if the vacancy rate in a
park was high. In the case of Tahitian Terrace where vacancy is nil, none
of them could come up with any reason to change that would make it
financially feasible or logical. Further, when the layout of the Park (steep
hill entry & exit with blind corners, fire road, hillsides, Pacific Coast
Highway) was described to several insuring entities after their initial
comments, they then felt the claims would be even greater than they first
thought. Although any auto-involved accidents would be covered to some
extent by the offending party's car insurance or the homeowners' policy,
the deep pockets of the Park ownership would very likely be involved
because of that layout which could be construed with little difficulty to be
at fault.
-Because there are no play areas, yards or park areas and there are
inadequate facilities for kids, possible loss of coverage and liability risk is
increased.
-Emergency access is limited now and will be even more limited due to
excessive cars parking as the number of persons per household
increases.
-The fire road would be an expanded liability especially if there is nowhere
else to play.
-Crime goes up. For example, domestic abuse cases, teenage fighting,
speeding cars, loud noise at night, theft, etc., increase dramatically.
- In giving quotes, all-age parks tend to have much more careful
examinations by the agent and later, if a claim is lodged, by the adjuster.
Rates escalate with claims and all-age parks tend to have more claims.
- Many carriers will estimate senior but not all age parks as they are more
leery of writing all-age parks.
3
- The location of the park and its track record will (obviously) affect the
premiums.
- "Now (at the beginning of the process of going from senior to all age)
there may be no change in premiums but losses will show up and
premiums will go up, too."
- "In thinking about this change, you should err on the side of caution.
Senior parks are safer and less work, as a rule. They also use much less
management time and have many fewer claims or damage."
- Enforcement of pertinent rules would be taken into consideration when
premiums and claims are looked at. In an all-age park, more rules have
to be made and management must be more diligent at following them.
-"Nuisance value (factor) both to the residents of the park and the owner
seem to be much greater in parks where teenagers and children live."
- "You'll probably have many more headaches and heartaches with all-
age."
- "In an all-age park, you'll have to have strict rules and strong
management, and enforce eviction procedures. Otherwise you open
yourself up to legal problems. Amend rules correctly and enforce them.
(You) must have an energetic manager who works effectively."
- A few comments from other agencies around the country and in
California ran something like, 'Go from a senior park to an open park???
Who's telling them it would be cheaper/better/easier/etc.?' or 'They should
get better advice.' or 'I wish more of the parks we insured were senior!'
and 'I'd rather write a whole (senior) park than a small park with one
teenaged boy and his pals.'
-Spaces are not worth as much in a family park because they are not as
desirable. The overall value of the park would actually decrease. (Robin
comments: This one surprised me; I'm not sure I believe it.)
-To refinance or sell the park, lenders look at senior parks as more stable
so they are more desirable. They cannot discriminate technically and
legally but in reality, all-age parks come under more of a microscope.
- "Most owners would like to crawl BACK to the safety of the womb,
(laughs) not the other way 'round."
'"Living in a senior park is usually a lifestyle-choice and social activities
are usually adult oriented and not child friendly."
-"Living in an all-age park is usually a necessity because the people can't
afford to live anywhere else and they can't afford the upkeep of their
mobile home the way it should be kept up. The whole place suffers."
4
-Because all-age or family parks have a higher density, costs go up
whether you're discussing maintenance or security or management. You
have to factor in patching, painting, destruction of plants, physical
disputes, security costs, possible additional employees because the staff
is stretched too thin and can no longer handle the ordinary or main
projects due to the increase in jobs to be done.
-Senior parks are not considered 'trailer trash' because the impact on the
facilities and grounds are light but family parks can be considered 'trailer
trash' because maintenance cost goes up which makes the cash flow to
maintain the extra wear and tear go up. It's not cheap so profits go down
and things are let go.
- "It is more difficult to keep liability costs down in all-age parks with most
new (court) cases being decided against the park owners."
Additional Findings of Specific Interest
Western Manufactured Housing Association (park owners' ass in) -
shari@wma.org, phone: 916-448-7002. Shari Gray will be happy to
discuss the conversion to an all-age with you. Her quote: "If you think you
had legal problems before (while designated a senior park), just wait till
you have some teenagers move in."
Some examples given by Ms. Gray: "I can tell you horror stories - I do
this (job) all day long and I hear them ...drugs, undesirable friends,
vandalism, kids bored in the summer when school's out so they trash
facilities like the laundry room, kids who go out at night and put soap in
the pool so you eventually have to hire security all the time. Then the kids
wait till the guard is gone and then defecate in the pool or dump bleach on
things. They'll put Clorox on the grass and plants."
In answer to the question 'why do they want to change?' and the answer,
age lawsuits from younger people, etc, she stated, "You may have one
set of problems but - wait till you see what you will have when you
change! They (all-age parks' younger residents) have no respect for the
property, frequently tag homes and property. Parents are working and
the kids are left alone. In the summer, the kids are really a problem.
They get bored and get into trouble (showing off for each other)." She
had no idea why anyone would want to change from senior to all age due
to the dramatically increased expense of maintenance, management and
possibly increased liability on many legal fronts to the owner.
5
Case Law: Clint and I discussed a couple of recent cases that should
also be considered, especially on fault and liability. Further, Mobilaire
Estates and the case in Imperial County are of interest.
cc: Clint Lau
(John and Mary McDonald copies given to Desmond McDonald)
During presentation, we discussed 'quiet enjoyment' liability.
Addendum:
July 15t", 2013
Emergency Services.
According to the records kept by publicly supported emergency service of
the Police and Fire Department, calls from all-age mobilehome parks are
drastically higher than the number of calls from senior parks. Further, the
local community appears to suffer losses both due to increased funding
necessary for those services and to vandalism. An annotated study is
being prepared but is not ready at this time.
Robin Holland,
Mobile Home Park Task Force,
City of Los Angeles, California
6
August 5, 2013
Sent via E-Mail to jflynn(j�surfcity-hb.org
August 2, 2013
The Honorable Connie Boardman
Mayor, City of Huntington Beach
The Honorable Matthew Harper
Mayor Pro Tem, City of Huntington Beach
Members of the City Council
2000 Main Street
Huntington Beach, CA 92648
Subject: Proposed Mobile Home Park Senior Age Restriction Overlay Zone
Dear Mayor Boardman:
As President of the Orange County Association of REALTORS®, I am writing to express
concern with Council Member Katapodis's proposal to impose zoning restrictions on existing
senior mobile home park communities to prevent park owners from changing the age status of
the community.
In general, our association advocates for the protection of private property rights, however, we
are also aware that there are circumstances whereby the rights of a protected class need to be
elevated.
In this case, we are not aware that such evidence exists that would require the city to subordinate
the rights of park owners by forcing them to serve only seniors. We would encourage the city to
consider and exhaust all other options before imposing such a drastic and not uncontroversial
zoning scheme.
Sincerely,
SUPPLEMENTAL
Len Herman COMMUNICATION
President
N4eetft®ale:
A*enda Item No.�
1
MH
'.4fanufactuml Housine OT
August 4, 2013
BOARD OF 1)IRFcrORS Sent via E-Mail to jflynn&surfcity-hb.org
,csiMa Board
Aresideia SUPPLEMENTAL
Vice Hsideiag COMMUNICATION
Rod t�,rson Mayor Connie Boardman
Rod Anderson
7ieaswrr Mayor Pro Tem Matthew Harper
Im:Miller
Members of the City Council Meetkv Date:Secretary
Natalie caaagBo City of Huntington Beach
Natalie
Pad Praioh t 2000 Main Street Apnde Item No. 4�
Eileen Cirillo
Keith Casenhiser Huntington Beach, California.92648
Lauren Fischer
Stan Magill,Jr.
Lan McAdoo RE: City Council Item 27-.OPPOSE
Board Members Bob Bottdetti Adopt Ordinance No. 3986, an Interim Ordinance Establishing a
Clarke "n'�nther
e
Jay Greening Moratorium on Conversion of Senior Mobile Home Parks
Richard A.Hall
Rill Hanks
Craig
Rouser Jerry D.Jscobs:m J Honorable Mayor Boardman and Council Members:
Clint Lau
Jim Martin
eana D Panchen
eereorgContmtttee MHET is a non-profit association dedicated to the preservation the manufactured
AdvisTerryDoadall housing lifestyle and to the protection of the property rights of the mobile home park
Waft
ne business owners who provide housing in the seventeen privately owned mobile home
Dave Thomas
Past Presidents parks in the City of Huntington Beach.
Ed Evans
J.R.Phillips
RobertOiand We are opposed to the City enacting any regulations that will restrict the property rights
Rnbert0landerSr.
Gerryostwick of the owners of these parks. This includes the enactment of any restrictions by the City
Janet Gilbert
Clarke Fairbroiher that will require the private business owner to discriminate against potential customers
Clrk
` elu Tenea
Cheln rnqeso based on age. Specifically MHET opposes the adoption of any zoning ordinance,
m`esJone urgency ordinance or moratorium that would restrict a property owner from renting their
Keith Casenhiser
Craig Uom,rtoascr 0{andar It property to any a eg_groW they choose.
Sian Magill,J.
Eileen Cirillo
Ltre.ttme We further oppose the adoption of Ordinance 3986 based on the following:
Achievement
Award Recipients
Norm Minn • Findings cannot be made that there is a need to preserve the fewer than 1500 mobile
John Rob Robert N. s home units in Huntington Beach mobile home parks that may be occupied by
Rrbert N.Rast.
[A�A.Beggs seniors. These 1500 units make up only 2%of the total 78,000 total housing units in
Jerry Golden Harry E.Karsten the City that are available to seniors city-wide. Additionally, the seniors living in
Jess
CMPAiey these mobile homes are an extremely small special interest group of only .03%of all
W`LA
Abode and Beyond of the 47,426 seniors living in the City. And, residency by families and children,per
Award Rectptents se, cannot possibly pose a serious or immediate threat to public health and safety.
Willis Miller
Stan Magill
Dan Bostwrobick • Prior to this issue being raised by the City Council, no mobile home parks in the City
C.Rrent.Svanson
Jim Martin were contemplating changing the age rules. As a result of the City Council's action,
James Jones
Carlo Travmw at least one mobile home park owner has served legal notices to the park residents in
Keith Casenhiser
James It Bostick order to vest their rights to change from a senior park to an all age park. This park
Execrattae&rector owner has repeatedly stated on the record that they do not want to change to an all
Vickie Tellep
25241 Paseo de Alicia,Suite 120•Laguna Hats,Cahfoi is 92653•Phone:949.380.3303•Far:949.340.3310
Email:hjfoCmhet.org • Mbsite:wYwwmhet.org
Southern California MHET S,-n4uy Orawge.,Riverside anti San Bernardino Counties shave 1982
Page Two
age park at this time, but under the circumstances they feel they have not choice but
to take action to protect their property rights.
• This precipitous action to protect less than.03% of the seniors living in the City is a
potentially extremely costly action for a City with far more important and pressing
financial challenges and, as previously stated,is completely unnecessary. The City
Attorney has already put on the Council's agenda discussions regarding the threat of
litigation by mobile home park owners over this issue.
• The City should not be in the business of telling property and business owners how
to run their business operations when it comes to who they must choose as
customers. Would the City adopt a similar ordinance that would require apartment
owners, restaurant owners, and other businesses to serve only seniors who make up
only 25% of the City's population?
• There are many factors for a business to consider when choosing who its customers
are. In Huntington Beach the City's mobile home parks are almost evenly split
between all-age and senior communities. The free market system is working. The
City does not have to"fix" it. Apparently, at this time, there are enough seniors
interested in living in a mobile home in Huntington Beach.
However, as time changes and demographics change, the owner of a business should
be able to modify the business to accommodate the changes. To the case in point,
there may be increasing opportunity for seniors regarding housing options in the
future and mobile homes may become less desirable for seniors than the other
options. In that case,the owners of the mobile home parks that are currently senior
would need to consider a change in their business.
• There is no need to force a very small segment of the City's housing providers to
provide housing only for seniors. There are currently a significant number of senior
housing opportunities in Huntington Beach to provide for the seniors. A quick
search for"senior housing in Huntington Beach"resulted in a variety of senior
apartments, condominiums, and other facilities. Of course, the vast majority of
Huntington Beach seniors live in single family detached housing.
• A mobile home park that is designated a"senior" community or, "housing for `older
persons' over 55 years of age", are not required to have 100% of the occupants be 55
years of age or older. According to federal law,up to 20% of the residents of the
community may be all-ages. Seniors living in the"senior"parks are not now living
in communities that are all seniors. The City refers to parks with occupancy by
eighty percent older persons; however, there is no mention of qualified parks for
"older persons,"which requires compliance with a comprehensive litany of
requirements and conditions. Mere occupancy is not enough; the City cannot force
25241 Paster the A£ivifi.Suite 120-Luquna Hltls,Gaf#bruia 926&Y•Ptioue:949..t89.8303•Far.049.u.Stf.8,4t9
Errr�zit trtj�(Q>rth t.rrg • Wehsite:unvu. tzhet.rsrq
Southern Ca iforniax HHETServing Orange,Riverside rind Barr BervarLino Counties since 198,E
a
Page Three
owners to become"older persons"housing without establishing evidence of
compliance with ALL federal requirements of the affected parks.
• When a park is a senior park, the mobile home owners who want to sell their homes
are restricted to selling to only 25% of the buyers and are not allowed to sell to the
other 75% of willing buyers who are not seniors. Countywide the senior population
is only 16.5%. Without the senior restriction, the seller has access to 100% of the
buyers. This is a dramatic disadvantage to the owners of mobile homes.
• Moreover, the elder communities in Huntington Beach parks all appear to be
homogenous enclaves of Caucasian residency. Excluding families is to cause a
disparate impact of shutting out families. Families are a disproportionately minority
(protected classes under federal law). The disparate impact caused by the
moratorium results in an unmistakable but clear secondary effect: the denial of
housing based on national origin, color and race.
• When a park is designated as a senior park homes may only be sold to seniors. If an
underage person inherits a mobile home upon the death of a tenant, the underage
person may not move into the park and is forced to sell the home. This is only one
example of the "unintended consequences"of the City trying to regulate who can
and cannot live in mobile home parks. Who will police and enforce the regulations?
Conduct required surveys? Qualify new tenants?Defend the park owners in housing
discrimination complaints?Advertise housing to conform to zoning as required?
Undertake all the requirements of the operation of the parks required of the city
when a zoning law is proposed?The City assumes all responsibilities for intent to
operate,yet there is no direction,budgeting, or manpower devoted to paying for
these new city services.
We urge the City Council to reject the proposal to regulate mobile home park housing
and to not adopt a moratorium or other regulations restricting who can live in the City's
mobile home parks.
Sincerely,
Vickie Talley
Executive Director
cc: Huntington Beach Mobile Home Park Owners
2MV Paseo A,Alicia,Suite 120•Laguna Hills,Cali or7da 92853•Phone:949.380.330.3•Fax:90 380.3310
Email:infoOnhet.org • Kftite:wu;wmMet.org
&Qtthern California/11HET Serving Orange,Riverside and San Bernardino Counties since 1982