DATE: February 19, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Housing and Neighborhood Services Department
TITLE: RESOLUTION APPROVING AMENDMENTS TO THE ADMINISTRATIVE GUIDELINES FOR IMPLEMENTATION OF CHAPTER 16B OF THE OCEANSIDE MUNICIPAL CODE
RECOMMENDATION
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Staff recommends that the City Council adopt a resolution approving amendments to the Administrative Procedural Guidelines for administration and enforcement of Chapter 16B - Manufactured Home Fair Practices of the Oceanside City Code.
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BACKGROUND AND ANALYSIS
The City of Oceanside adopted Ordinance 82-27 (“Ordinance”) on June 23, 1982, adding Chapter 16B - Manufactured Homes Fair Practices - to the Oceanside City Code ("OCC”). The purpose of the Ordinance is “to facilitate and encourage fair bargaining between manufactured homeowners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in manufactured home parks. Absent such agreements, this council further finds and declares it necessary to protect the owners and residents of manufactured homes from unreasonable space rental increases while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property.”
On April 15, 1992, the City Council, by its Resolution R92-58, approved and adopted the “Administrative Procedural Guidelines for the Administration and Enforcement of the Manufactured Home Fair Practices Act - Chapter 16B of the OCC ("the Guidelines").” The Guidelines were prepared and adopted by the City Council under authority of Section 16B.4 (f)(1) of the OCC, to establish a uniform procedure for the administration and enforcement of Chapter 16B.
Intent of the Guidelines and Ordinance
The Guidelines are intended to supplement and support the administration of Chapter 16B by City staff and the Manufactured Home Fair Practices Commission (MHFPC). These Guidelines should be read in conjunction with Chapter 16B. While every effort has been made to ensure that these Guidelines are consistent with Chapter 16B, if there is any conflict or discrepancy between these Guidelines and Chapter 16B, Chapter 16B shall prevail.
On October 12, 2023, the MHFPC established an Ad Hoc Committee of the MHFPC comprised of Chair Dominguez and Commissioner Shestock to review and make recommendations to revise the Guidelines for clarity and adjustments needed since they were last reviewed in 1992. It’s important to note that the scope of work of the Committee did not include review or updates of Chapter 16B.
In accordance with City Council Policy No. 100-58, an Ad Hoc Committee is transitory or temporary in nature, to operate for a six-month period or as may be extended at the discretion of the Commission. The Commission’s Ad Hoc Committee concluded its work in October 2024. During this period, the Committee met with staff, received comments from the public, and updated the Commission and the public of its ongoing work. The MHFPC extended the duration of the Ad Hoc Committee through such time as the Guidelines are adopted by the City Council.
The following represents a timeline of actions related to the review and the proposed revisions to the Guidelines (Attachment 1) now being presented for consideration by the City Council.
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DATE |
ACTIONS |
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May 2, 2024 |
Presentation of proposed revisions. Action: Acceptance of public comments through May 31, 2024 of written public comments by email or written statements. Staff to return with a draft no later than the October 2024 MHFPC meeting (MHFPC October meeting subsequently cancelled). |
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September 2, 2024 |
Presentation of proposed revisions. Action: Defer ratification until the next MHFPC meeting and allow for public comment for 15 days from September 5th to September 20th and for comments to be submitted in writing. |
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November 7, 2024 |
Presentation of proposed revisions, with summary of public comments (Attachment 3). Action: MHFPC by a vote of 4-0 recommended City Council adopt the revised Administrative Guidelines for the Implementation of Chapter 16B of the Oceanside City Code. |
The draft revisions to the Guidelines are consistent with Chapter 16B and seek to align definitions and language contained therein. Most revisions are comprised of clean up. For example, the Guidelines refer to the role of the Building Department of the City of Oceanside. Currently, Building is a Division of the Development Services Department (DSD), and work related to inspection of manufactured home communities is conducted by the Code Enforcement Division of DSD. Substantive changes include removal of language related to the exemption of long-term leases under California Civil Code 798.17, due to the passage of Assembly Bill (AB) 2782, which provides in part that as of January 1, 2025, all long-term leases are no longer exempt from local rent control ordinances. Additionally, the revisions provide an opportunity for participation in the inspection process by a resident designee.
FISCAL IMPACT
No fiscal impact.
COMMISSION OR COMMITTEE REPORT
The Manufactured Home Fair Practices Commission, by a vote of 4-0, recommended City Council adopt the revised Administrative Guidelines for the Implementation of Chapter 16B of the Oceanside City Code.
CITY ATTORNEY’S ANALYSIS
The referenced documents have been reviewed by the City Attorney and approved as to form.
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Prepared by: Leilani Hines, Housing and Neighborhood Services Director
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Staff Report
2. Resolution
3. Exhibit A
4. Summary Public Comments