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HomeMy WebLinkAboutcc min 2006/05/04 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 4, 2006 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Assistant City Manager Thomson, Assistant City Attorney Hull, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE WORKSHOP I. MOBILEHOME PARKS IN CHULA VISTA The Council explored mobilehome park matters with the mobilehome park community. Assistant City Manager Thomson introduced Planning and Building Director Sandoval; Assistant Director of Building and Housing Remp; Chris Anderson, Field Operations Manager for the State Department of Housing and Community Development; and Housing Manager Mills. Councilmember Castaneda thanked the Mayor and City Manager for expediting the workshop. He stated that the Council would be diligent in working with staff to address any issues and forging a working relationship with the mobilehome residents. Councilmember Chavez announced that translation services were available for the meeting. The following members of the public ceded their time to Fred Dufresne: James P. Cucinotta, Jean Lorenz, Trish Smith, Helen Thompson, Dorie Radichel, Connie V. Seelig, Buster Blair, Ann Umbrell, Dennis Holland, Evelyn Holland, Joan Cucinotta. Mr. Dufresne expressed concern with the lack of enforcement of state laws related to mobilehome parks. He stated that the mobilehome parks and mobilehomes have deteriorated, and that park owners are supposed to enforce the state's Title 25 and health and safety codes. He stated that the City's Code Enforcement staff must enforce laws set by the legislature and not interpret the laws as they feel appropriate. He said that dealers are moving mobilehomes onto ~-" ....,"---~ lots without pennits or inspection by park managers or code enforcement staff to confinn the accuracy of plot plans. Mr. Dufresne displayed photographs of what he believed to be violations of mobilehome health and safety codes, and he expressed concern about fire truck accessibility because of the narrow separation between units. He stated that after violations are reported to the City, pennits are granted after the fact, with no fines imposed. Mobilehomes are being placed on lots that are too small in every park in the City; and since many of the park owners are their own realtors, they buy and sell homes, put in new ones, double the price for the homes, and raise new renta to whatever price they want. He also stated that park owners are not pennitting mobilehome owners to sell their homes inside the parks; they want the homeowners to move the mobilehomes, or alternatively, the mobilehome owners are forced to sell their homes at a cut-rate price. Mr. Durresne said that the residents want the City to follow the law. Mayor Padilla asked staff to address some of the many issues raised by Mr. Durresne regarding compliance with conditional use pennitting, inspections, compliance and enforcement on lot delineations, and separation and distance between mobilehomes. Assistant Director of Building and Housing Remp explained that, in consultation with the State, it was detennined that the City is in compliance with the state code. He gave assurance that the City's responsibility is to confinn that when an application is received, it meets the minimum state requirements, as well as conduct a City-instituted pre-inspection at no charge to the installer to confinn that a mobile unit fits on the proposed lot and that the minimum set-back requirements are met. Regarding conditional use pennits (CUPs), of the 32 parks in the City, only five or six mobilehome parks have CUPs. Under state law, those conditions cannot affect anything within the park. The state's Title 25 mandates what may take place within the boundary of the park, and state law supersedes. Regarding inspection enforcement, the City has conferred with the state and confinned that the interpretation used by the City is correct. With reference to lot lines, Mr. Remp explained that until 1979, the park owner, under state law, could modifY the location oflot lines with no pennission rrom anyone. State law was recently changed to require adjacent property residents to sign off on changes in lot lines. Chris Anderson, Field Operations Manager for the State Department of Housing and Community Development, explained that the Mobilehome Parks Act is different in the State of California than most building codes and cannot be amended by local government. He stated that there is a key statute in the code that sets the preemption of the Mobilehome Parks Act throughout the state, along with the regulations adopted by the State Department of Housing and Community Development. Regarding separation issues, he explained that the manufactured home comes rrom the factory sometimes with eaves, sometimes without eaves. Those eaves are the projections referred to in the code and cannot be included in the separation; that is part of the Manufactured Housing Construction Safety Standards and Manufactured Housing Act. Regulations regarding awnings are included in the Mobilehome Parks Program. He stated that a non-combustible awning can be installed to the lot line, and the separation between that awning and a non-combustible awning on the adjacent lot is three feet, according to Title 25. He added that there is an exemption for the placement of stairs; they are also pennitted to the lot line. Mayor Padilla questioned to what degree the City has latitude with respect to land use planning authority, since Chula Vista is a charter city; and he asked if the City's regulations could be Page 2 - Council Minutes http://www .chulavistaca.gov May 4, 2006 stricter than State law. Assistant City Attorney Hull responded that generally, the Mobilehome Park Act supersedes any City ordinance, although there are provisions of the Act that allow the City to have certain provisions in place, which staff could look at. Mayor Padilla felt there must be some way that local government can control densities and associated health and safety impacts. He suggested that staff come back to address this issue. Mr. Anderson responded that there are provisions in the health and safety code that provide local government with a lot of authority, including density. Title 25 preempts setbacks and separations. Mayor Padilla then suggested lobbying should be done in Sacramento. Councilmember Castaneda believed there were conflicting rules, and there may be separation rules in the code that are not being enforced. He also suggested that, after hearing from the public and staff, the Council could come back and know exactly what can be done to resolve some of the issues. The following members of the public ceded their time to Teressa Weddle: Sharon Yates and Bud Yates. Teressa Weddle felt that mobilehome park owners gave concessions to some residents and not to others. She stated that the City has not been responsive in addressing the health and safety concerns raised. She believed that there was prejudice against mobilehomes and that the separation should be the same as it is for houses. She expressed the need for state representatives to come to the parks to ensure compliance, and the need to have lobbyists go to the legislature and address the issues. She was hopeful that the City would look into the matter and get clear- cut answers to the issues raised. Norma Runyan agreed with the statements made by Mr. Dufresne, and stated that within the last six months, mobilehomes have been jammed in the park where she resides. She asked about the City's plans for redevelopment of Industrial Boulevard. She stated that the residents want the area to be cleaned up and curbs and landscaping installed. She asked if the City planned to take the mobilehome park through eminent domain. Planning and Building Director Sandoval responded that the land use designation has not changed recently, and the City has no plans to remove the park. Barbara Nunnelee, from Jade Bay Mobilehome Park, stated that in 2002, the park changed the residency from seniors to all-ages. She stated that the park does not have the capacity or the facilities to accommodate children. She spoke about a number of violations by the park owner that have not been corrected, including poor condition of streets, replacement of sewage pipes, no security, no fencing, speed limit not posted, and an unsanitary swimming pool. She stated that the owner refuses to accept new buyers and park applications. She felt that the residents were prisoners of their own homes who cannot sell their homes, and who are abused and harassed. Ms. Nunnelee stated that the residents recently received a notice of intent by the owner to close the park on April 26, 2007, citing bankruptcy. She questioned whether the owner has the right to do this and asked Council for its help on the issue. Councilmember Castaneda requested that the City's Housing Department work with the State of California to determine what options are available for the residents of Jade Bay Mobilehome Park. He requested a report be brought back very quickly. Housing Manager Mills explained Page 3 - Council Minutes http://www.chulavistaca.gov May 4, 2006 that staff has enlisted the help of outside counsel, and will get back to the Council as soon as they have information. Mayor Padilla also stated that the City needed to do something sooner rather than later to help the Jade Park residents. Steve Molski spoke about the safety hazards associated with the close proximity of homes to one another. He stated that park owners are making a large amount of money from rent, and the mobilehome owners pay for their own sewer, trash, and maintenance of their lots. He felt that park owners did not care about the welfare of the residents. He stated that no land had been set aside by the City for additional mobilehome parks. Mr. Molski expressed the need for the City to protect seniors. Dorothy Arsenault stated that she recently became a mobilehome owner and resident, but was not aware of the potential for problems, including the possibility of park closures and the doubling of rents by park owners, who she felt did not consider the lives of the residents. She suggested changes in the codes to inform buyers of some of the perils associated with moving into mobilehome parks. Suzanne Steffy, a resident of Continental Country Club, stated that the residents, most of whom are elderly, live in fear because of restrictions, harassment, intimidation and invasion of privacy by the park managers. She asked the Council for help in learning about their rights and possibly mediation. Councilmember Chavez asked staff to address mediation services. Housing Manager Mills replied that many issues are tenant-landlord related, and are regulated by state law. She stated that staff has crafted a Request for Proposal for an ombudsman to help residents understand their rights, listen to the issues, and provide referrals. Michelle Rewerts asked for humanitarian treatment of the residents of the trailer parks on Broadway, stating that the per-unit cost to re-house residents in new trailers would be far less than the cost of apartment or condo units. She stated that the Smart Growth people, SANDAG and the Housing Commission have no answers as to what to do with displaced, low-income residents. She requested that the City find a solution before people are put on the street by City- mandated closures of trailer parks on Broadway. Jacquie Day, a resident of Gtay Lakes Lodge and a real estate agent, stated that she had a mobilehome listed for sale, and was misled by the park management when she asked what could be done with the lot that, at the time, a single-wide mobilehome occupied. She was informed that the maximum mobilehome size allowed would be a 20-foot by 50-foot unit. However, the lot currently has a 26-foot by 59-foot mobilehome on it. She also stated that the agent from the manufacturing company lied to her and did not obtain the necessary permits. She recommended that the manufactured home sellers be educated as to the rules, and that the park management inspect the lot to assure compliance with the mobilehome size for the assigned lot. Joan Johnson stated that trailer parks should also be considered as communities. She spoke about the large amount of space in the eastern portion of the City near transit routes that could be utilized for trailer park residents, and she asked the City to give these residents a break and a chance to remain in the City. Ted Kennedy, a resident of a trailer park on Broadway, expressed concern that should redevelopment occur in the area, thousands of residents would be displaced with nowhere to go. He stated that people want to live in Chula Vista. He asked the City to provide competent Page 4 - Council Minutes http://www.chulavistaca.gov May 4, 2006 assistance to residents, and that they be compensated to the full extent of the law should they have to leave. He spoke of the need for answers from the City about taking homes, and to provide a distinction between mobilehome owners and mobilehome renters. Cristy Vaul, a resident of Continental Country Club, presented a letter to the Mayor from her physician that addressed the psychosocial stress she was experiencing as a result of harassment by the park manager. She stated that she has a 13-year old dog, and also adopted a small dog, but was sent a letter by the park manager telling her she could not keep the adopted dog. She stated that all the residents are being harassed by the manager, and she asked the Council to help the residents and protect the senior citizens so they can live the rest of their lives in peace. Mayor Padilla requested that staff obtain copies of any written correspondence to Cristy Vaul regarding the issue with her adopted dog, stating that even though he may not have the authority to help with her situation, he would personally call the park owner. Jackie Lancaster spoke about discouraging answers she has received regarding the waiting list for alternative housing or rental assistance, should mobilehome or trailer park residents be displaced. She believed that 14 of the 36 mobilehome parks would be replaced with high-rise buildings, leaving thousands of displaced residents. She asked what would happen to seniors who would have to be relocated, and stated that the City should make provisions for the citizens prior to construction. She stated that Proposition C on the June ballot is supposed to protect mobilehome parks and trailer parks from being taken through eminent domain, but that only protects the homeowners if the park owner does not want to sell. Mayor Padilla stated that it was important to ensure that accurate information was given, and some of the statements by Ms. Lancaster were untrue. He asked staff to respond to some of Ms. Lancaster's statements. Planning and Building Director Sandoval responded that the City has no provisions to move the mobilehome parks; that the City is not a developer and, therefore, will not be building high-rises. Mayor Padilla asked if there were any plans to give this property to developers for high-rises. Mr. Sandoval responded negatively. Mayor Padilla requested confirmation that most ofthis land is not in a redevelopment area and is not subject to eminent domain power. Mr. Sandoval confirmed that the City would have no authority to do that. Mayor Padilla asked if staff was aware of any developers trying to purchase these parks. Mr. Sandoval responded negatively. Mayor Padilla then assured the community that people would not be displaced; and that the Council is not in favor of taking homes. He requested that staff follow up with Jackie Lancaster to make sure that everyone had accurate information with regard to the City's use of eminent domain. At 8:06 p.m., Mayor Padilla announced that there would be a short recess. At 8:23 p.m., Mayor Padilla reconvened the meeting with all Councilmembers present. Daniel Cacho, representing Don Luis Estates and President of the Chula Vista Mobilehome Park Owners Association, stated he did not feel the industry was being treated fairly regarding the City ordinance, which he believed was resident-driven. He stated that the mobilehome park industry was the only business in the City under rent control, with no protection against market risks and law suits, and that cannot earn fair market rents. He stated that the City should investigate some of the claims and issues made against the parks by residents. He explained that the City keeps tightening the ordinance, which he believed would lead to the loss of mobile home Page 5 - Council Minutes bttp:! /www.cbuJavistaca.gov May 4, 2006 . parks and the displacement of residents, with long-term consequences. He felt that the City should provide incentives to park owners to upgrade the parks and attract good residents. Mr. Cacho referenced an article in the Union Tribune that stated that the City spent two million dollars in legal fees. He felt that the rent control ordinance created problems the way it was written, and created poor relations between residents and park owners. Councilmember Castaneda clarified that the City has not spent two million dollars in legal fees. He stated that the City ordinance allowed mobilehome park owners to make a fair and just profit, and he would support all efforts to address issues and provide health and safety for the residents. Mayor Padilla stated he wanted the ordinance to be stricter when it was drafted and wanted rent increases to be based on inspection compliance, but he was not able to get a consensus. He stated that there are good park owners, but added that the issues raised are important and that he would continue to be an advocate for citizen protection against victimization and abuse. Linda Sundberg, representing Chula Vista Mobilehome Park residents, expressed concern about the lot line issues. She spoke about a slanderous letter that the residents received ITom Bill Wright, of Wright Manufactured Homes Inc., stating that the residents have been complaining about property lines, but that the company has only tried making the park better. She explained that she was denied a permit to build a deck on her property, because according to the plans on file with the City, there was not enough room between the ITont of her mobilehome and the street. She said that Mr. Wright had not only moved the lot lines, the mobilehome was facing a different street than the plans provided to the City showed, and he had changed the address without notifYing the City. Ms. Sundberg stated that the residents need a state-qualified surveyor to come to the park and re-establish the correct lot lines. She begged the City for help on the matter; she stated that this company has taken the park down, and the residents have done all they can do. Armando Rudametkin, representing Chula Vista Mobile Home Park, stated that seniors do not count. He explained that lot lines have been adjusted, and one mobilehome is so large that it has overtaken the space that was available for the residents to walk through or have small social gatherings. Mr. Rudametkin was hopeful that this meeting would be the beginning of something for the residents. Emilia Perez, representing Bay Scene Mobile Home Park, stated that she does not know what to do about all the violations that exist in this park. She stated that the park owner wants to increase the rent by 60 percent over what the City permits. She explained that the park streets are neglected, and the gas lines and electricity are in poor condition. The park owners charge residents for park maintenance but do not maintain the property. She asked the Council for help on the matter and invited Councilmembers to visit the park. Diana Isaacs, a resident of Palms Mobile Home Park, stated that the change in trash collection has resulted in an increase to residents ITom $12.12 to $17.80 for the trash bill. She expressed concern about the park sewer system that has flooded on numerous occasions, and the residents are being blamed for the problem. She requested assurance that somebody would contact the property manager to address these issues. Page 6 - Council Minutes http://www .chulavistaca.gov May 4, 2006 Doug Scott, a contractor for many of the manufactured homes in the City, stated that he applies for appropriate permits for jobs, and that the City's Planning and Building Department follows the requirements of Title 25. However, Title 25 does not dictate the size of a home that goes on a specific lot. He stated that most of the homes he has dealt with do fit the lot. He realized that the City needs to address the issues raised regarding setbacks, but the complaints should be valid. Enrique Camacho, representing Bay Scene Mobile Home Park residents, expressed concern with increased rents by eight to thirteen percent each time a new park owner comes in. He stated that the park manager is never on-site on the weekends, the park is poorly maintained, and the manager is hiring non-professionals for repair work in the park. He suggested that if the owner cannot maintain the park, then let the residents purchase the park and maintain it. He asked Council for their help on the matter. Deputy Mayor McCann stated that the City needed to ensure that all health and safety codes are followed. He also requested a written legal opinion regarding the issue of separations between the units. Regarding Industrial Boulevard, he believed the City should look at establishing a capital improvement project, potentially with the use of community development block grant funding, to help install curbs and gutters. He also requested that the City look into creating a pamphlet to make new residents aware of their rights and responsibilities, as well as contact information if an issue should arise. In regards to relocation, not only for mobilehome owners, but also as a result of redevelopment, he suggested the implementation of a policy to give priority to displaced residents as the City builds new affordable housing and new affordable senior units. Councilmember Rindone requested a report to Council with an analysis of code enforcement activities, including types of fines imposed, and where the fines were imposed. He requested that staff examine the possibility of having an ombudsman and/or a hotline to serve as a referral service for people to contact when they do not know where to go for answers. Regarding the Jade Bay Mobilehome Park, he requested a succinct report to the Council regarding the roles of the City, as well as the roles that are not the City's, and the possible impacts of the bankruptcy. He also requested that staff look at the possibility of implementing a "mapping size" of each mobilehome lot to determine the maximum size mobilehome for that particular lot, the cost of which could be shared, not necessarily borne entirely on the City. Councilmember Castaneda directed the City Attorney to report to the Council within 60 days on the land use issues raised and what the City can do to ensure that there are consequences when someone installs a mobilehome without a permit or breaks the rules. He also requested that the City have its lobbyist try to affect some rules at the state level. With regard to the Jade Bay Mobilehome Park issue, he requested a report back to the Council within two weeks with some tangible solutions for the residents. Councilmember Chavez indicated that the Community Development Department IS already looking into the possibility of an ombudsman for the City. Page 7 - Council Minutes http://www .chulavistaca. gOY May 4, 2006 . Mayor Padilla requested that the City find a way to help the Jade Bay Mobilehome Park residents, at least with information. He also requested that more funds be allocated toward enforcement personnel and legal personnel to enable the City to enforce the rules. He stated that the legal staff needed to determine what the City can do to regulate the land use issues. He believed that the City needed to do more work on the conversion ordinance, on relocation assistance, on tightening up the rent review ordinance, and on enforcement. PUBLIC COMMENTS There were none. ADJOURNMENT At 9:49 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on May 9, 2006 at 6:00 p.m. in the Council Chambers. d~~ Donna Norris, CMC Assistant City Clerk Page 8 - Council Minutes http://www.chulavistaca.gov May 4, 2006 .,. __.____.J