HomeMy WebLinkAbout20 - Ebb Tide Project Relocation Impact Report for Property Located at 1560 Placentia Avenue (PA2014-151)CITY OF
NEWPORT BEACH
City Council Staff Report
January 27, 2015
Agenda Item No. 20
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt@newportbeachca.gov
PREPARED BY: Fern Nueno, Associate Planner
PHONE: (949) 644 -3227
TITLE: Ebb Tide Project Relocation Impact Report for property located at 1560 Placentia
Avenue(PA2014 -151)
ABSTRACT:
The property owner seeks to close the Ebb Tide Mobile Home Park located at 1560 Placentia Avenue.
Pursuant to California Government Code, the applicant must prepare a Relocation Impact Report ( "RIR ") to
document the impact upon the mobile home park residents. The City Council shall review the report to
determine if it is sufficient and may require the applicant to take steps to mitigate any adverse impact of the
closure on the ability of displaced mobile home park residents to find adequate housing in a mobile home
park.
RECOMMENDATION:
a) Receive public comment;
b) Find that the application is not subject to the requirements of the California Environmental Quality Act
( "CEQA ") pursuant to Section 15061.b.3 of the State CEQA Guidelines; and
c) Adopt Resolution No. 2015 -8, A Resolution of the City Council of the City of
Determining that the Ebb Tide Project Relocation Impact Report is Sufficient Pursuant
Code Section 65863.7 for the Closure of the Ebb Tide Mobile Home Park Located at
Avenue (PA2014 -151) (Staff Report Attachment No. CC 1).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
Newport Beach
to Government
1560 Placentia
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DISCUSSION:
Proiect Setting
The Ebb Tide Mobile Home Park is located in the West Newport Mesa area near the intersection of
Placentia Avenue and 16th Street, and to the north it borders industrial property in Costa Mesa (Vicinity
Map, Attachment No. CC 2). The site is located within the Multiple -Unit Residential (RM) Zoning District
and is surrounded by multiple -unit residential, industrial, medical, and commercial uses.
The site is 4.7 acres in size and is developed with 73 mobile home spaces, parking areas, and a pool and
recreation area. Presently there are 67 spaces occupied by mobile homes and six spaces are vacant. Of
the 67 mobile homes, 62 are occupied and five are unoccupied. Of those 62 occupied mobile homes, 52
are owner occupied and ten are renter occupied. These occupancy statistics are summarized in Table 1.
Table 1 — Occupancy Statistics
Total Mobile Home Spaces
73
Vacant Spaces
6
Mobile Homes
67
Mobile Homes Occupied
62
Owner Occupied
52
Renter Occupied
10
Proiect Description
Pursuant to Government Code Section 65863.7, the applicant requested a hearing before the City Council
on the sufficiency of the RIR (Attachment No. CC 6). In determining the impact of the closure on the
residents, the report addresses the availability of adequate replacement housing in mobile home parks
and relocation costs. The Council's responsibility is to review the report for adequacy, and the Council
may require the applicant to take steps to mitigate any adverse impact of the closure on the ability of the
displaced residents to find adequate housing. Pursuant to Government Code, the mitigation
measures shall not exceed the reasonable costs of relocation.
It is important to note that Council may not preclude the applicant from closing the mobile home park in
accordance with state law. Additionally, the applicant has applied to develop the site with an 83 -unit
residential subdivision, which is a separate application from this RIR review, and which will require
discretionary City review and approval.
Analysis
Pursuant to state law, the applicant has the right to terminate mobile home park tenancies as part of a
park closure so long as the owner provides the residents with: (1) 6 or 12 months advance notice of the
proposed park closure (depending on whether or not the applicant needs discretionary
permits /entitlements from the City); (2) a Relocation Impact Report that adequately assesses the impact of
the closure of the park on displaced residents by addressing the availability of adequate replacement
housing in mobile home parks and relocation costs; and (3) at least 15 days' written notice of the Council
hearing on the RIR and a copy of the RIR.
Staff retained a consultant to review the adequacy of the RIR and the consultant's report is provided as
Attachment No. CC 5. While the term "relocation costs" is undefined, this term has been interpreted to
mean the physical costs of moving the mobile home to a new mobile home park, and the consultant's
evaluation includes this interpretation. This interpretation is also consistent with the state Mobilehome
Residency Law (California Civil Code Section 798 et seq.) intent of providing protection and adequate
procedures for the termination of tenancies because of: (1) the high cost of moving mobile homes; (2) the
potential for damage resulting from the movement of mobile homes; (3) the requirements relating to the
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installation of mobile homes; and (4) the cost of landscaping and lot preparation
Staff concurs with the consultant's conclusion that the RIR complies with all necessary legal requirements
because it sufficiently addresses the impact of the proposed closure on Ebb Tide residents by: (1)
identifying alternative sites to which homeowners might relocate their mobile homes, should they choose
to do so; (2) identifying other alternative housing options available to the residents; and (3) providing the
relocation benefits and assistance to which the residents may be entitled pursuant to applicable law.
Furthermore, the consultant believes the RIR provides payments above the reasonable cost of relocation
required by state law by including temporary lodging expenses and services of a relocation specialist.
In regards to the proposed relocation benefits and assistance, the RIR provides the following mitigation
measures (RIR on Pages 9 -11), all of which the applicant has agreed to provide:
a) For owners of mobile homes that have the potential to be relocated to a different mobile home park,
payment will be provided including the actual cost of relocation (estimated by a professional move
specialist to be between $5,500- $15,700 depending on the square footage of the unit), temporary lodging
expenses (maximum payment of $125 per night, up to seven nights), moving costs (between $1,100-
$1,570 depending on the number of bedrooms determined by the federal fixed move schedule), necessary
modifications to accommodate a disabled person, and services of a relocation specialist.
b) For owners of mobile homes that do not have the potential to be relocated to a different mobile home
park, payment will be provided including a fixed payment (between $9,000 and $15,700 based on the
square footage of the unit), moving costs (between $1,100 - $1,570 depending on the number of bedrooms
determined by the federal fixed move schedule), and services of a relocation specialist.
c) For renters of mobile homes, a fixed payment of $2,000 per unit will be paid to assist with securing
replacement housing.
Staff received correspondence from Ebb Tide residents (Attachment No. CC 7) that expressed concerns
over the process and adequacy of the RIR. Also included in the correspondence are response letters from
the applicant. Staff will address the comments in a separate memorandum to the Council.
If the Council believes that the proposed measures within the RIR are not sufficient, Council may identify
additional measures for the applicant to implement to mitigate the impact of the closure on the displaced
residents. Alternatively, the Council could direct the applicant to revise the RIR to incorporate additional
supporting information that would make the RIR sufficient, and the revised RIR would be reviewed at a
future Council Meeting.
ENVIRONMENTAL REVIEW:
Staff recommends that the City Council find that the review of the Relocation Impact Report is covered by
the general rule that the California Environmental Quality Act ( "CEQA") applies only to projects that have
the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA
Guidelines). It can be seen with certainty that there is no possibility that this action will have any effect on
the environment as it only determines economic mitigation and does not authorize development, and
therefore, this action is not subject to CEQA. Furthermore, the project would be exempt pursuant to
Section 15268 of Title 14 of the California Code of Regulations, which exempts ministerial projects. The
project is ministerial rather than discretionary in nature given the very narrow scope of authority that the
Council has pursuant to Government Code Section 65863.7. Future development of the site is not
included in this determination and would be reviewed pursuant to CEQA.
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NOTICING:
The property owner has provided proofs of service confirming that all residents have been provided with
the requisite 15 -day advance notice of the hearing on the RIR and a copy of the RIR. It is staff's belief that
the owner has complied with all necessary noticing requirements. Additionally, the item appeared on the
agenda for this meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Description
Attachment No.
CC 1 - Draft Resolution
Attachment No.
CC 2 - Vicinity Mao
Attachment No.
CC 3 - Government Code Section 65863.7
Attachment No.
CC 4 - Hearing Notice to Residents
Attachment No.
CC 5 - Consultant Analysis Report
Attachment No.
CC 6 - Relocation Impact Report
Attachment No.
CC 7 - Correspondence Received
9=1
Attachment No. CC 1
Draft Resolution
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RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DETERMINING THAT THE EBB TIDE
PROJECT RELOCATION IMPACT REPORT IS SUFFICIENT
PURSUANT TO GOVERNMENT CODE SECTION 65863.7 FOR
THE CLOSURE OF THE EBB TIDE MOBILE HOME PARK
LOCATED AT 1560 PLACENTIA AVENUE (PA2014 -151)
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SECTION 1. STATEMENT OF FACTS.
An application was filed by Ebb Tide LLC., on behalf of the property owner The Totah
Family Partnership, with respect to property located at 1560 Placentia Avenue, and
legally described as a Portion of Lot 714 of First Addition to Newport Mesa Tract.
2. The applicant has filed an application requesting that the City determine the sufficiency
of a Relocation Impact Report pursuant to Government Code Section 65863.7 for the
closure of the Ebb Tide Mobile Home Park. The site is developed with a 73 -space
residential mobile home park. As of August 2014, 67 spaces contain mobile homes
and six spaces are vacant. Of the 67 mobile homes, 62 are occupied and five are
unoccupied. Of those 62 occupied mobile homes, 52 are owner occupied and ten are
renter occupied.
3. The Relocation Impact Report, dated November 26, 2014, was prepared by Overland,
Pacific & Cutler, Inc. of Irvine, California and includes a discussion of the impact of the
closure on the displaced residents. The report includes a summary of the applicable
state law requirements, a description of the current park conditions and resident
profile, replacement housing and moving cost descriptions and analyses, proposed
mitigation measures, and a relocation plan. The report identifies alternative sites to
which homeowners might relocate their mobile homes (should they choose to do so),
other alternative housing options available for homeowners and renters, and the
relocation benefits and assistance that the applicant is offering to mitigate the impact of
the closure upon the residents.
4. The subject property is located within the Multiple -Unit Residential (RM) Zoning District
and the General Plan Land Use Element category is Multiple -Unit Residential (RM).
5. The subject property is not located within the coastal zone.
6. The applicant has provided proofs of service confirming that the mobile home park
residents have been provided with a copy of the referenced Relocation Impact Report
and confirming that the mobile home park residents have been provided with the
requisite 15 -day advance notice of this hearing.
7. A public hearing was held by the City Council on January 27, 2015, in the City Hall
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of
9M.
City Council Resolution No. 2015 -_
Pape 2 of 4
time, place and purpose of the meeting was given in accordance with Government
Code Section 65863.7(b) and applicable law. Evidence, both written and oral, was
presented to, and considered by, the City Council at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This action is covered by the general rule that the California Environmental Quality Act
( "CEQA ") applies only to projects that have the potential for causing a significant effect
on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen
with certainty that there is no possibility that this action will have any effect on the
environment as it only determines economic mitigation and does not authorize
development, and therefore, this action is not subject to CEQA. Furthermore, the
project would be exempt pursuant to Section 15268 of Title 14 of the California Code
of Regulations, which exempts ministerial projects. The project is ministerial rather
than discretionary in nature given the very narrow scope of authority that the Council
has pursuant to Government Code Section 65863.7. Future development of the site is
not included in this determination and would be reviewed pursuant to CEQA.
2. The City Council finds that judicial challenges to the Ci' CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. DECISION.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves
as follows:
1. Based on the aforementioned findings, the Relocation Impact Report, the whole of the
administrative record, and the evidence and testimony received during the public
hearing, the City Council finds that the applicant has met all the procedural requirements
pursuant to Section 65863.7 of the Government Code. The City Council finds that the
Relocation Impact Report is sufficient as it adequately identifies alternative sites to which
homeowners might relocate their mobile homes, should they choose to do so, other
alternative housing options available for homeowners and renters, and the relocation
benefits and assistance that the applicant is offering to mitigate the impact of the closure
upon the residents, consistent with Section 65863.7(e) of the Government Code.
2. Closure of the park will create an adverse impact to residents, and therefore, the
applicant shall implement all of the measures contained within the Ebb Tide Project
Relocation Impact Report attached as Exhibit A to mitigate the impact of the closure of
Ebb Tide Mobile Home Park upon the residents.
07 -22 -2014
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City Council Resolution No. 2015 -_
Pape 3 of 4
3. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's review of and determination of sufficiency on the Ebb Tide Project
Relocation Impact Report including, but not limited to, Planning Activity No. PA2014 -151.
This indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with
such claim, action, causes of action, suit or proceeding whether incurred by applicant,
City, and /or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs
in enforcing the indemnification provisions set forth in this condition. The applicant shall
pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
4. This resolution shall take effect immediately upon its adoption by the City Council, and
the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED, AND ADOPTED THIS 271h DAY OF JANUARY, 2015, BY THE
FOLLOWING VOTE, TO -WIT:
MA
CITY CLERK
07 -22 -2014
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
Edward D. Selich
NM
City Council Resolution No. 2015 -_
Paqe 4 of 4
EXHIBIT A
Relocation Impact Report
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K
Attachment No. CC 2
Vicinity Map
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Vicinity Map
Ebb Tide Project Relocation Impact Report (PA2014 -151)
1560 Placentia Avenue
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Attachment No. CC 3
Government Code Section 65863.7
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Government Code Section 65863.7
65863.7. (a) Prior to the conversion of a mobilehome park to
another use, except pursuant to the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7), or prior to closure of a
mobilehome park or cessation of use of the land as a mobilehome
park, the person or entity proposing the change in use shall file a
report on the impact of the conversion, closure, or cessation of use
upon the displaced residents of the mobilehome park to be converted
or closed. In determining the impact of the conversion, closure, or
cessation of use on displaced mobilehome park residents, the report
shall address the availability of adequate replacement housing in
mobilehome parks and relocation costs.
(b) The person proposing the change in use shall provide a copy of
the report to a resident of each mobilehome in the mobilehome park
at least 15 days prior to the hearing, if any, on the impact report
by the advisory agency, or if there is no advisory agency, by the
legislative body.
(c) When the impact report is filed prior to the closure or
cessation of use, the person or entity proposing the change shall
provide a copy of the report to a resident of each mobilehome in the
mobilehome park at the same time as the notice of the change is
provided to the residents pursuant to paragraph (2) of subdivision
(g) of Section 798.56 of the Civil Code.
(d) When the impact report is filed prior to the closure or
cessation of use, the person or entity filing the report or park
resident may request, and shall have a right to, a hearing before the
legislative body on the sufficiency of the report.
(e) The legislative body, or its delegated advisory agency, shall
review the report, prior to any change of use, and may require, as a
condition of the change, the person or entity to take steps to
mitigate any adverse impact of the conversion, closure, or cessation
of use on the ability of displaced mobilehome park residents to find
adequate housing in a mobilehome park. The steps required to be taken
to mitigate shall not exceed the reasonable costs of relocation.
(f) If the closure or cessation of use of a mobilehome park
results from the entry of an order for relief in bankruptcy, the
provisions of this section shall not be applicable.
(g) The legislative body may establish reasonable fees pursuant to
Section 66016 to cover any costs incurred by the local agency in
implementing this section and Section 65863.8.. Those fees shall be
paid by the person or entity proposing the change in use.
(h) This section is applicable to charter cities.
(i) This section is applicable when the closure, cessation, or
change of use is the result of a decision by a local governmental
entity or planning agency not to renew a conditional use permit or
zoning variance under which the mobilehome park has operated, or as a
result of any other zoning or planning decision, action, or
inaction. In this case, the local governmental agency is the person
proposing the change in use for the purposes of preparing the impact
report required by this section and is required to take steps to
mitigate the adverse impact of the change as may be required in
subdivision (e).
(j) This section is applicable when the closure, cessation, or
change of use is the result of a decision by an enforcement agency,
as defined in Section 18207 of the Health and Safety Code, to suspend
the permit to operate the mobilehome park. In this case, the
mobilehome park owner is the person proposing the change in use for
purposes of preparing the impact report required by this section and
is required to take steps to mitigate the adverse impact of the
change as may be required in subdivision (e).
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Attachment No. CC 4
Hearing Notice to Residents
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Tenant Name:
Tenant Address:
Space No:
NOTICE OF HEARING ON RELOCATION IMPACT REPORT RE: CLOSURE
Ebb Tide Mobile Home Park
1560 Placentia Avenue
Newport Beach CA 92663
TO MOBILE HOME OWNERS AND TENANTS OF EBB TIDE MOBILE HOME PARK:
This Notice is to inform you, pursuant to Civil Code § 798.56(g) and Government Code §§
65863.7(b) & 65863.7 (c) that there will be a hearing on January 27, 2015 at 7 pm, before the City
of Newport Beach ( "City ") City Council, to take place in City Council Chambers, 100 Civic Center
Drive, Newport Beach, CA 92660 to consider the adequacy of the proposed Relocation Impact
Report regarding the Closure of Ebb Tide Mobile Home Park ( "RIR "). A copy of the proposed RIR
is enclosed with this Notice. While an application for change of use is currently pending before the
City, this hearing is limited only to consideration of the RIR.
The property owner reserves the right to amend, supplement or otherwise modify this
Notice, and /or to provide additional notices regarding Park closure as circumstances warrant.
Dated: January 9, 2014 Ebb Tide Mobile Home Park
By: Totah Family, LLC
38548.001/4844-871 6-9049v. 1
Managing Member
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Attachment No. CC 5
Consultant Analysis Report
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December 17, 2014
Fern Nueno
Associate Planner, AICP, LEED AP BD +C
Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658
Re: Ebb Tide Project— Review of Draft Relocation Impact Report
Dear Ms. Nueno:
This evaluation is submitted in response to the City of Newport Beach's request for review of the
Draft Relocation Impact Report ( "Draft RIR ") for the Ebb Tide Mobile Home Park (the "Park "),
located at 1560 Placentia Avenue. The Draft RIR was prepared by Overland, Pacific and Cutler
( "OPC ") in September 2014 with revisions completed in November 2014. This letter addresses
the following issues pertaining to the proposed Park closure:
• State of California requirements to change the use of the Park;
• The process proposed for the change of use and /or closure;
• Analysis of the "Reasonable Cost of Relocation" limit on closure impact mitigation;
• The Draft RIR's compliance with state law
Scope of Work
Paragon Partners, Ltd. ( "Paragon ") was tasked with reviewing the Draft RIR for conformance
with California Government Code Section 65863.7 et Seq. and the California Mobile Home
Residency Law ( "MRL"). The Draft RIR was reviewed for completeness and conformance with
the pertinent laws described above. This review generally included the following:
• An analysis of the needs of the displaced households with respect to issues such as
household income and special needs
• An analysis of replacement housing needs and a determination as to whether or not
sufficient housing is available to accommodate the number of displaced households
• Personal contact with as many of the occupants as possible
• Replacement housing resource survey results
• Relocation advisory assistance program
• Temporary housing plans and procedures, if applicable
• Description of available payment options
5762 Bolsa Avenue, Suite 2oi I Huntington Beach, California 92649
714 379 3376 1 888.89974981 Fax 714373.12341 www.paragon- partners.com
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California Government Code 65863.7 requires that a Park owner take steps to mitigate any
adverse impact of the conversion on the ability of displaced mobile home park residents to find
adequate housing in a mobile home park. It does not provide any other specific content
requirements. However, as a matter of practicality, the items listed below were considered to be
pertinent in bolstering the sufficiency of the Draft RIR.
• Rent roll with age of each unit, space rental amount, size, homeowner or resident
• Project description
• Location of all reasonably comparable mobile home parks within a reasonable radius,
including vacancies, lease rates, number of units for sale, and age or other restrictions
• The availability and cost of standard rental housing of reasonably comparable size and
quality within a reasonable radius
• Determination of total number of mobile homes to be relocated to another park, and the
basis upon which this was determined
• Estimated cost of relocating the eligible mobile homes identified above _.
• Proposed measures to adequately mitigate the adverse impacts upon each eligible
occupant, including a schedule of payments
II. Park Description
The Ebb Tide Mobile Home Park is a residential mobile home park comprised of 73 spaces on a
lot of approximately 4.65 acres. The Park was originally developed approximately 40 to 50 years
ago and is in fair condition. There are three general -use buildings on site — an office with
laundry facilities, a resident club room and adjacent swimming pool and a resident manager
home. For those who reported, the average age of the mobile homes on site is 20 years. The
Park is located in an urban setting and is surrounded by industrial, retail and residential uses.
III. Important Definitions
Homeowner — a person who has a tenancy in a mobile home park under a rental agreement
Resident — a homeowner or other person who lawfully occupies a mobile home
Tenancy — the right of a homeowner to the use of a site within a mobile home park on which to
locate, maintain, and occupy a mobile home, site improvements, and accessory structures, for
human habitation, including the use of the services and facilities of the park
MRL Section 798.55 — "Also, the legislature finds and declares that, because of the high cost of
moving mobile homes, the potential for damage resulting there from, the requirements relating
to the installation of the mobile homes and the cost of landscaping or lot preparation, it is
necessary that the owners of mobile homes occupied within mobile home parks be provided
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with the unique protection from actual or constructive eviction afforded by the provisions of this
chapter".
The reasonable cost of relocation is limited to the cost to physically move the mobile home to
another mobile home park.
IV. Requirements to Change the Use of the Park
The MRL allows a park owner who desires to change the use of their land to evict their tenants,
provided that the steps outlined below are followed.
All occupants in the Park must be provided at least 15 days' written notice that the
owner will be appearing before a local governmental board, commission or body to
request permits for a change of use of a mobile home park.
After all required permits requesting a change of use have been approved by the local
governmental board, commission or body, the owner shall give the homeowners six (6)
months or more written notice of termination of tenancy. If the change of use requires no
local governmental permits, then notice shall be given twelve (12) months or more prior to
the owner's determination that a change of use will occur.
3. Prior to the conversion of a mobile home park to another use, the person proposing the
change in use must file a report on the impact of the conversion, closure, or cessation of
use upon the displaced residents of the mobile home park to be converted or closed. In
determining the impact of the conversion, closure, or cessation of use on displaced mobile
home park residents, the report shall address the availability of adequate replacement
housing in mobile home parks and relocation costs.
4. The person proposing the change in use shall provide a copy of the report to a resident of
each mobile home in the mobile home park at least 15 days prior to the hearing, if any,
on the impact report by the advisory agency, or if there is no advisory agency, by the
legislative body.
The legislative body, or its delegated advisory agency, shall review the report, prior to
any change of use, and may require, as a condition of the change, the person or
entity to take steps to mitigate any adverse impact of the conversion, closure, or
cessation of use on the ability of displaced mobile home park residents to find adequate
housing in a mobile home park. The steps required to be taken to mitigate shall not
exceed the reasonable costs of relocation, which has been interpreted to mean the
physical cost of moving the mobile home to a new mobile home park.
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V. Results of Evaluation
The Draft RIR was found to be very well written, in plain and understandable language. It was
thorough and exhaustive in addressing the current occupants' circumstances, the payment
options, relocation possibilities and replacement housing resources.
Evaluation Criteria
Evaluation Response
An analysis of the needs of the displaced
Twenty four (24) of the 62 occupied units
households with respect to issues such as
chose to respond to the survey. Of those who
household income and special needs
responded, there are 8 senior households and
7 households with a person with a disability.
Additionally, 18 households responded to
questions regarding income status. Of those
households, 6 qualify as Extremely Low, 2 as
Very Low, 8 as Low and 2 as Moderate under
HUDs' income criteria.
An analysis of replacement housing needs and
In conjunction with the respondent households
a determination as to whether or not sufficient
and the rent roll, a summary table of current
housing is available to accommodate the
housing circumstances was included in the
number of displaced households
Draft RIR. It concludes that there is an ample
supply of both mobile homes for sale and
standard housing options. Although it does not
summarize the data, it appears that the mobile
homes for sale are within an affordable range.
While those moving to standard housing will
likely experience an increase in monthly rent,
there are reasonably affordable units
available.
Personal contact with as many of the
The initial contact letter was not met with a
occupants as possible
large number of responses. However, a
subsequent effort resulted in additional
personal interviews. Ultimately, 24 of the 62
occupied units were personally interviewed.
There is also an express commitment to
complete personal meetings with the
remainder of the occupants throughout the
entire relocation process. This representation
is found on page 6 of the Draft RIR.
Replacement housing resource survey results
Results are summarized in the "Replacement
Housing Resources" section of the report, and
tabulated in Tables 1 and 2 and Exhibits F, G
and H.
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Evaluation Criteria
Evaluation Response
Proposed relocation advisory assistance
Specific components of the relocation advisory
program
assistance program are found in the
"Relocation Plan / Explanation of Services"
section, and details regarding personal
assistance are found on page 14.
Proposed temporary housing plans and
Temporary housing payments are specified in
procedures, if applicable
the "Proposed Mitigation Measures" section.
Description of available payment options
All relocation payments are specified in the
"Proposed Mitigation Measures" section.
Rent roll and for each space: age of unit,
This information is detailed in Exhibit D "Park
space rental amount, size, homeowner or
Resident Data ".
resident
Project Description
A very brief, but adequate, description of the
project is included in the Introduction section.
Location of all reasonably comparable mobile
Results are summarized in the `Replacement
home parks within a reasonable radius,
Housing Resources" section of the report, and
including vacancies, lease rates, number of
tabulated in Tables 1 and 2 and Exhibit F.
units for sale, and age or other restrictions
The availability and cost of standard rental
Results are summarized in the "Replacement
housing of reasonably comparable size and
Housing Resources" section of the report, and
quality within a reasonable radius
tabulated in Tables 1 and 2 and Exhibits G
and H.
Determination of total number of mobile
It has been concluded that almost all of the
homes to be relocated to another park, and
units will not be able to be relocated to another
the basis upon which this was determined
park. This is due to the restriction on age of
mobile homes accepted by other parks, and
the age of almost all of the owner occupied
units.
Estimated cost of relocating the eligible mobile
Estimated moving costs were provided by a
homes identified above
professional mover, including the cost to
disassemble, move and reassemble the unit.
These costs are broken down by size and are
detailed in the "Moving Costs" section.
Proposed measures to adequately mitigate the
Relocation payments are detailed in the
adverse impacts upon each eligible occupant,
"Proposed Mitigation Measures" section and
including a schedule of payments
include options for moving a mobile home,
renting standard housing and temporary
housing, which is not required.
20 -21
I I� PARAGON
PARTNERS
ro
In summary, replacement housing was thoroughly researched, and important factors such as
space rent and prohibitions on age and size of mobile homes were included. A plethora of
alternative housing was also identified, in the form of various low density and multifamily
dwellings. Given the relocation payments available, and the general availability of housing
options and price and rental cost ranges, it appears that there is sufficient replacement housing.
The Draft RIR is sufficient and meets the requirements of the MRL and California Government
Code 65863.7.
It is recommended that the Draft RIR be placed on the council agenda for consideration. Should
you have any questions or require additional clarification, please contact me at (714) 379 -3376
or via email at prhoad(awfagon- partners.com.
Since
Peter Rhoa
20 -22
Attachment No. CC 6
Relocation Impact Report
20 -23
RELOCATION IMPACT REPORT
Ebb Tide Project
Prepared for
The Totah Family Partnership
34700 Pacific Coast Hwy, Suite 303
Capistrano Beach, CA 92624
in
Overland, Pacific & Cutler, Inc.
1 Jenner, Suite 200
Irvine, CA 92618
(949) 951 -5263
November 26, 2014
20 -24
Table of Contents
Introduction..................................................................................... ..............................1
Proposed New Project .................................................................... ..............................2
Mobile Home Park Location and Description ............................... ..............................2
A. Regional Location ........................................................................................... ..............................2
B. Park Site Location .......................................................................................... ...............................
3
C. Mobile Home Park Description ........................................................................ ..............................4
Mobile Home Park Resident Profile ............................................... ..............................5
Replacement Housing Resources ................................................ ...............................
6
A. Mobile Home Park Space ............................................................................... ..............................6
B. Mobile Homes For Sale ................... ........................ ....... ................. ....... ........................ ,..............
7
C. Rental Housing ............... ................. ....... ......................................... ........................ .............7
MovingCosts ................................................................................... ..............................8
Proposed Mitigation Measures ..................................................... ...............................
9
A. Impacts to Mobile Home Owners .................................................................... ..............................9
B. Relocation Mitigation Measures ...................................................................... ..............................9
Relocation Plan / Explanation of Services ................................... .............................11
Conclusion...................................................................................... .............................15
Listof Exhibits: ...........................................................................................................
16
20 -25
Introduction
The Ebb Tide Mobile Home Park is a 73 space residential mobile home park ( "Park ")
situated on real property located in Newport Beach, CA. The property is currently owned
and operated by The Totah Family Partnership, a California limited partnership
( "Owner ") and is being acquired by Ebb Tide LLC ( "Developer ") for proposed
development of a new well designed 83 detached single family residence project.
The proposed project will replace the Park's existing 73 spaces, site improvements and
mobile homes. As a result, the current property owner ( "Owner ") is required to prepare a
Closure Impact Report in accordance with the State of California Government Code and
Mobile Home Residency Law; the purpose of which is to report on the impact of the
proposed Park closure and to address measures to be taken to mitigate adverse effects
of the proposed closure upon the residents of the Park who would be displaced by the
closure.
In 1978, the California Legislature enacted the Mobile Home Residency Law (Civil Code
Section 798 et seq.) ( "MRL ") which provides a comprehensive statewide regulatory
scheme governing the use and closure of mobile home parks (Civil Code sections 798
et seq. and Government Code sections 65863.7- 65863.8.) In anticipation of the need to
prepare for closure of the Park, Overland, Pacific & Cutler, Inc. (OPC) has been
contracted to prepare a Relocation Impact Report or Closure Impact Report (Report) as
required by the MRL and the Government Code.
The purpose of this Report is to explain the protections afforded those owners of mobile
homes within the park. Among the mandates of Code Section 65863.7 are the
requirements to "...report on the impact of the conversion, closure or cessation of use
upon the displaced residents of the mobile home park to be converted or closed" and
...'address the availability of adequate replacement housing in mobile home parks and
relocation costs. "The measures required to mitigate the adverse impact of the park
closure on the displaced mobile home park residents shall not exceed the
reasonable costs of relocation, pursuant to Section 65863.7. In addition, the Owner
must notify residents of the Park of the proposed change in use, in accordance with
Section 65863.8.
Prior to the closure of the Park, the Owner and all residents of the Park shall have the
right to, and the availability of, a public hearing before the legislative body on the
sufficiency of the Report and the proposed relocation assistance described in Section
20 -26
65863.7. This Report will address all homeowners and occupants of the Park as of
August 2014.
In order to prepare this Report, OPC reviewed resident data that was provided by the
residents and the Owner and performed a comprehensive study of mobile home park
resources and other housing resources within Orange County. Consistent with Mobile
Home Residency Law and Government Code Section 65863.7, this Report presents
recommendations concerning the mitigation of relocation impacts associated with the
closure of the Park.
Proposed New Project
The proposed project will be 83 well designed for -sale small -lot, single - family detached
homes ranging from approximately 1,600 to 2,100 square feet. The new project's
conceptual design is provided in Exhibit A.
Mobile Home Park Location and Description
A. Regional Location
The Park is a residential mobile home park situated on the real property located at 1560
Placentia Avenue, Newport Beach, within Orange County. (See Figure 1: Regional
Mobile Home Park Location.)
E
20 -27
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Figure 1: Regional Mobile Home Park Location
B. Park Site Location
The Park, situated on approximately 4.65 acres, is bounded by W. 16th Street to the
north, Superior Avenue to the east and south, and Placentia Avenue to the west. (See
Figure 2: Mobile Home Site Location.) The legal description of the Park property is
found in Exhibit B.
c
20 -28
,.
YF
C. Mobile Home Park Description
The Park contains 73 mobile home spaces total. Sixty -seven spaces contain mobile
homes, and six spaces are vacant. Of the 67 mobile homes currently in the Park, 62 are
occupied and five are vacant.
The Park has been in existence for approximately 40 — 50 years and contains three
fixed structure amenities: a central business office and laundry room with three coin -
operated washers and dryers, a resident club room with adjacent swimming pool, and a
home occupied by the Park manager.
The internal roadway is paved with asphalt. Approximately 21 unreserved parking stalls
are located on the north edge of the property, and three stalls are located near the
business office. Additionally, residents are able to park a maximum of two vehicles in
front of their mobile home. The landscaping of the park is in fair condition.
Placentia Avenue, the western border of the park, provides the only two vehicular
entrances to Ebb Tide. A chain link fence separates Ebb Tide from the industrial site to
M
20 -29
the north and commercial site to the east. A 5' block wall separates Ebb Tide from
residential sites to the south.
Utilities are provided via overhead and underground services. Each space has
independent gas and electric meters, and tenants are responsible for gas and electricity
payments directly to the public utility. Gas meters are located at each space, while
individual electricity meters reside in a centralized location. Currently, the park is not
served by a cable TV provider. Water, sewer, and trash service to each mobile home is
included in the monthly rent. Lastly, mailboxes are located at the central business office.
A map of the park is presented in Exhibit B of this report.
The average age of the homes in the Park is unknown at this time, although most of the
units are at least 30+ years old. A few of the units are approximately 10 -15 years old.
Most of the homes have one or more types of improvements such as covered porches,
covered patios, enclosed patios, tip -outs, and a covered carport.
Mobile Home Park Resident Profile
This Report is being prepared based on the known occupants of the Park as of
November 2014. Resident surveys were mailed to all occupants in early August 2014 to
collect data on affected owners and occupants of the Park, and 19 responses were
received. We were also provided limited information regarding each of the known
occupants by the Owner.
All residents and owners were then invited to a community meeting held on October 15,
2014, where they were encouraged to schedule personal meetings with relocation
personnel to provide information about the Project's effects on their households and
their relocation needs. Letters to all residents were also mailed on October 4, 2014
requesting interviews due to the lack of response to the surveys. After the letters and
the community meeting, five additional households agreed to interview with relocation
personnel and provided information about their circumstances. (Thirteen households,
who had previously returned surveys, also personally interviewed with relocation staff.)
Mobile homes in the Park are either owned by the occupant /resident or owned by the
Park and rented to the occupant/renter. Based upon our review of the information
provided, there are 10 mobile homes that are occupied by renters and 52 mobile homes
that are occupied by owners of the mobile home.
20 -30
A summary of available Park resident data is provided in Exhibit D. We do not have
complete household data due to the lack of response to multiple survey and interview
requests. However, prior to actual displacements, personal interviews with all
households will be conducted to ascertain relocation needs.
Of the 24 respondent households, 19 were owner- occupants and five were tenant
households, comprised of a total of 50 adults and 12 children. Eight households
reported senior members (62 years of age of age or older), and seven households
reported at least one member with a disability.
Eighteen of the 24 respondent households reported gross household income, and the
results are as follows: six households qualify as Extremely Low Income (30% or less
than area median income); two households qualify as Very Low Income (31% - 50%
AMI); eight households qualify as Low Income (51% - 80% AMI); and two households
qualify as Moderate Income (81% - 120% AMI). Six respondent households declined to
provide information regarding household income. Four of the respondent households
reported existing mortgages on their homes ranging from $15,000 - $99,500.
The mobile homes within the Park are one - bedroom, two - bedroom and three bed -room
units. Of the respondent households, three reported owning double -wide dwellings.
Bedroom count and size of units is reported in Exhibit D. Representative photographs
of Park coaches are presented as Exhibit E.
Replacement Housing Resources
One of the impacts of the proposed closure will be the availability of replacement sites
to which a mobile home could be moved, as well as other replacement housing
resources. Following is information on the availability of replacement sites in mobile
home parks within the County of Orange and within 20 miles of the Park; mobile homes
for sale; and availability of all types of rental housing within 15 miles of the Park.
A. Mobile Home Park Space
There are 28 mobile home parks located within 20 miles of the Park and a search was
conducted to determine the availability of vacant mobile home spaces or pads. The
original search in May 2014 included both family and senior parks within Newport Beach
and surrounding communities. The search was updated in September 2014. A complete
L
20 -31
updated list of the parks with the number of available spaces and conditions, and the
reported type of mobile homes and residents accepted, is presented in Exhibit F.
Based on the survey of mobile home parks and of those parks where a representative
was available to answer questions, 52 available spaces were identified. Space rents for
these parks range from $685 to $1,900 per month, depending on the size and location.
Typically, a park will only consider accepting mobile homes, if they are brand new or in
very good condition and are ten years old or newer.
Although some of the mobile homes within the Park are in fair to good condition, there
are other limitations to moving them to another park. Generally accepted standards and
practices among mobile home park operators allow homes to be moved into the park if
they are less than five years old and deny homes that are more than ten years old.
While some park operators may allow homes in excess of 10 years, they are generally
not accepted and would have to be approved on an individual basis. Only one of the
existing homes within the Park meets the ten year age standard based on information
provided that may be considered for acceptance by another park in the immediate
vicinity.
Therefore, under the above generally accepted standards and practices, it is a
reasonable assumption that only a very limited number of mobile homes with associated
fixed accessory equipment may be relocated to a comparable mobile home park within
the immediate vicinity.
B. Mobile Homes For Sale
A survey of for -sale mobile homes currently on the market identified approximately 76
mobile homes for sale within a 20 mile radius, with prices ranging from $27,000 to
$459,000. Mobile homes with higher sale prices may include the land, making it very
much like single family residences or condominium units with common area
maintenance monthly dues instead of space rents. Higher prices also indicate more
park amenities and newer manufactured homes or mobile homes than exist at the Park.
The available mobile homes for sale that were surveyed can also be found in Exhibit F.
C. Rental Housing
A mobile home within another park would be considered the most comparable dwelling
to what the residents currently occupy. A rental survey was performed in May 2014 to
identify the availability of one - bedroom, two - bedroom and three - bedroom mobile homes
for rent within 15 miles from the Park. However, no mobile homes were identified for
7
20 -32
TABLE 1: Availability and Cost of Low Density Rental Housing
Bedroom Size
One
Two
Three
No. Found
2
21
15
Rent Range
$1,300 - $1,795
$1,500 - $3,100
$1,825 - $3,695
TABLE 2: Availability and Cost of Other Rental Housing
Bedroom Size
One
Two
Three
No. Found
61
44
10
Rent Range
$1,200 - $3,009
$1,445 - $5,500
$2,400 - $4,050
rent within other mobile home parks in the area. An updated survey was conducted in
September 2014 with the same results.
Due to the lack of availability of mobile homes for rent in the area, a search of other
types of available rental housing was conducted. The next most comparable type of unit
would be a low density unit such as a single family dwelling, condo, townhome, or a
duplex, triplex or quad -plex unit. Additional rental housing (not low density) was also
identified. Tables 1 and 2 show a summary of the availability of all types of rental units
within a 15- mile radius.
Specific listings for low- density rental units can be found in Exhibit G and listings for
available units within apartment complexes of higher density can be found in Exhibit H.
Movinq Costs
A list of professional moving companies specializing in the relocation of mobile homes
was compiled and is provided in Exhibit I. Estimated move costs associated with the
relocation of the mobile homes within the Park to another mobile home park within 20
miles (assuming the mobile home could be moved and there was an available location)
were provided by one of the move specialists. The cost estimated to disassemble an
existing mobile home and all appurtenances in the Park, and to transport, and
reassemble the mobile home in another mobile home park was broken down as follows:
1) For units 540 SF or less, the estimated cost ranges from $5,500 - $9,000.
2) For units 600 SF -912 SF, the estimated cost ranges from $13,500 - $14,500.
3) For units 960 SF -1,344 SF, the estimated cost ranges from $14,500 - $15,700.
e
20 -33
If the mobile home could not be moved, the cost to tear down and discard the mobile
homes, including awnings, decks, etc. was quoted at $3,000 - $4,000 per mobile home.
Costs to relocate personal property within the mobile home are based on the federal
fixed move schedule for the state of California and include utility transfer fees. Payment
amounts include $1,100 for a one - bedroom unit, $1,295 for a two - bedroom unit, and
$1,570 for a three - bedroom unit.
Proposed Mitigation Measures
The Report is to propose measures which will adequately mitigate the adverse impact of
the closure on the Park residents. The relevant statutory law for the closure of a mobile
home park and specific requirements for mitigation are California Government Code
Section 65863.7 and Civil Code Section 798.56(8), which indicate the City prior to
closure will review the steps taken by the Park Owner to mitigate any adverse impact of
the closure on the ability of the displaced mobile home owners to find adequate
housing. The steps required to be taken to mitigate, "shall not exceed the reasonable
costs of relocation ".
Given the linkage between mitigation and reasonable relocation costs, the Owner is
obligated to determine what elements should be considered in determining "reasonable
costs of relocation." The scarcity of available mobile home park space and the difficulty
or impossibility anticipated in the actual moving and set -up of the existing mobile homes
in the Park provides for a financial allowance to mitigate the physical moves.
A. Impacts to Mobile Home Owners
The most immediate impact of a possible Park closure is the effect on the mobile home
resident owners, most of who may have been at the Park for significant periods of time.
All residents face the issue of the disposition of their mobile home and relocation to a
replacement dwelling. Physical relocation to another mobile home park is likely not an
option for many of the mobile home owners desiring to stay in the immediate vicinity.
Finding available alternative space, particularly for older mobile homes, will be a
challenge, if not impossible.
B. Relocation Mitigation Measures
As stated above, this report is to propose measures to mitigate the adverse impact of
the closure of the Park. While the requirements that may be imposed "to mitigate" are
stated in the California Government Code, there are no clear guidelines to determine
what is required to mitigate any adverse impact. Section 65863.7 does not require a
E
20 -34
local government to impose any mitigation measures, but clearly limits any measures
imposed to the reasonable cost of relocation.
It is the intent of the Owner to meet the above conditions as well as additional
assistance to further mitigate the impacts of the Park closure. The following physical
move costs and relocation assistance will be offered to the mobile home owners and
renters.
Relocation Assistance for Resident Owners of Mobile Homes
a) In situations where it is feasible to relocate a mobile home, payment will
be provided as follows:
1. Reimburse the actual cost to relocate the mobile home, including
without limitation, to disassemble, transport and reassemble the mobile
home and all legal accessory structures to another mobile home park
provided the mobile home owner signs a cooperation agreement that
terminates any tenancy /occupancy and permanently vacates the Park.
2. Payment of temporary lodging expenses, if the mobile home relocation
results in the homeowner being displaced over one or more nights, up
to the maximum of $125 /night, and up to 7 nights;
3. Payment of moving costs associated with moving all personal property,
allowance to be determined based on the most current federal fixed
move schedule for the State of California and the size of the mobile
home;
a. Payment for necessary modifications to a replacement dwelling to
accommodate a handicapped or disabled person; and
5. Services of a relocation specialist to assist owners through all aspects
of the relocation to include, but not be limited to, explaining options and
relocation assistance program details, identifying replacement units,
coordinate moving arrangements and payment of benefits.
10
20 -35
b) In situations where it is not feasible to relocate the mobile home, payment
will be provided as follows:
1. A fixed payment to the mobile home owner to abandon the unit in
place, or remove the mobile home at their own cost, provided the
mobile home owner signs a cooperation agreement that terminates
any tenancy /occupancy and permanently vacates the Park. Payments
to be made as follows:
- For units 540 SF or less, a payment of $9,000
- For units 600 SF -912 SF, a payment of $14,500
- For units 960 SF -1,344 SF, a payment of $15,700
2. Payment of moving costs associated with moving all personal property,
allowance to be determined based on the most current federal fixed
move schedule for the state of California and the size of the mobile
home;
3. Services of a relocation specialist to assist residents through aspects
of the relocation to include, but not be limited to, explaining options and
relocation assistance program details, identifying replacement units,
coordinating moving arrangements and payment of benefits.
Relocation Assistance for Renters of Mobile Homes
A fixed payment of $2,000 will be paid to the renter to assist the renter with securing
replacement housing provided the renter and all other occupants sign a cooperation
agreement and permanently vacate the Park.
Relocation Plan / Explanation of Services
It is not known at the time of this Report, how long the actual physical moves of mobile
homes would take, nor how many homes will be able to be moved at all. It is the opinion
of the author that no mobile home manufactured in 2000 or older will be able to be
accepted at any of the mobile home parks within the County of Orange.
There is ample available housing in Newport Beach and other nearby communities for
the residents of the Park. While no two communities are alike, the residents
undoubtedly have quality, well- maintained mobile home park communities and other
11
20 -36
comparable alternatives available for their consideration as housing options. If the
objective of Park residents were to continue owning a mobile home for residential
purposes, resident owners could be assisted to move their mobile home or purchase a
replacement mobile home. We have concluded that it will be challenging to move
existing mobile homes to another park in the immediate vicinity. If purchasing a
replacement mobile home is considered an option, buyers will find an adequate
inventory of for -sale mobile homes in good parks throughout Orange County.
In the event it is unfeasible to move the mobile home, the rental housing market in
Newport Beach and Orange County offers another option to residents. An adequate
supply of available housing options exists in the market for the existing residents to
consider. The recommendation of this Report is to offer alternate relocation payments
and assistance to the residents as outlined in this Report.
Any relocation assistance payments will be conditioned on the completion of actual
arrangements to move a mobile home and improvements, or the rental /purchase of
replacement housing and removal of the existing mobile home and upon the resident
permanently vacating the Park on a date certain. The recipients must also enter into a
voluntary relocation agreement (cooperation agreement), which specifies relocation
benefits in accordance with this report. Requests for funds will be timely processed in a
reasonable manner and signed acknowledgments of receipt of payments will be
maintained in individual relocation files.
Mobile home owners will be offered the assistance of a relocation counselor to assist in
identifying replacement dwellings and to coordinate moving arrangements and the
payment of relocation assistance.
Current Park residents would have to select in writing their choice of a relocation
assistance option no later than sixty (60) days from the date the City Council adopts a
resolution or ordinance or takes other affirmative action that finds under applicable law
that this Report is adequate and sufficient. Notwithstanding that resident(s) does not
timely or otherwise select a relocation assistance option, resident(s) will be required to
vacate the Park no sooner than six months from the date the City Council adopts a
resolution or ordinance or takes other affirmative action that finds under applicable law
that this Report is adequate and sufficient. The Owner anticipates the Park closing in
July 2015.
12
20 -37
It is not within the scope of this Report to address any disputed issues that may have
been raised in the process of exploring the Park's closure. The recommendations which
have been made however do provide an equitable basis for determining relocation
assistance under current regulatory standards. Under the level of proposed assistance,
it is anticipated that there is the opportunity for all residents to maintain a residence
within or in proximity to Newport Beach and the surrounding communities.
It is proposed that relocation assistance payments will be managed by the selected
relocation assistance specialist through a funded trust. Claim forms or agreements will
be provided and payments made based on the option selected within the timeframe
specified above. The relocation assistance payments will be based on the mitigation
measure option chosen. Upon proof of need, adequate advance payments may be
made to assist residents with securing their replacement housing and final payments
will be made after the resident has vacated the Park.
In situations where it is not feasible to move the mobile home, any mobile home owner
that is eligible to receive a relocation payment as a resident owner will need to provide a
valid Department of Motor Vehicles or Department of Housing and Community
Development title to confirm ownership. Any title issues will need to be resolved by
the unit owner prior to release of funds. The mobile home will ultimately need to be
removed from the park, and the process for removal will need to be finalized.
The procedures for claiming benefits are to be as follows:
1. Claimants will provide all reasonable and necessary documentation to
substantiate eligibility for assistance;
2. Assistance amounts will be determined;
3. Required claim forms and relocation agreements will be prepared by
relocation personnel in conjunction with claimants. Signed claims,
cooperation agreements, and supporting documentation will be submitted
by relocation personnel to the Owner;
4. The Owner will review and if in conformance with the selected relocation
program, will reply with concurrence and approval for processing the
payment, or request additional information;
13
20 -38
5. The relocation specialist will issue benefit checks, which will be available
at their offices for pick -up, delivered personally or mailed, depending on
circumstances;
6. A final payment will be issued after confirmation that the resident has
completely vacated the Park;
7. Receipts of payment will be obtained and maintained in the relocation
case file.
Throughout the entire relocation process, a relocation specialist will be available to
assist owners with their relocation assistance needs including the following:
A. Be available to provide an explanation of benefits, so residents have a full
understanding of the issues related to the closure of the mobile home
park.
B. Providing assistance as needed and requested to lessen hardships by
working with real estate agents, property managers, lenders, health care
providers and others.
C. Provide relocation assistance information and counseling in the primary
language of the displaced occupants, in order to assure that all displaced
occupants obtain a complete understanding of the relocation program and
eligible benefits.
D. Search for available replacement dwellings within and outside of Newport
Beach or in the area desired by the displacee.
E. Provide assistance in claiming relocation assistance funds from the
Owner.
F. Other individual assistance that may be required on a case by case basis.
14
20 -39
Conclusion
It is the Owner's intent to adhere to all state law and local ordinance requirements in
consideration of the Park closure. Additionally, as discussed in this Report the Owner is
offering assistance beyond the minimum requirements of the law to lessen the impact of
closing the Park by providing the relocation assistance services of a relocation
professional to assist the residents and by providing financial assistance to renters not
required by State law.
15
20 -40
List of Exhibits:
Exhibit A — Proposed Project Plans
Exhibit B — Legal Description of the Park
Exhibit C — Existing Park Map
Exhibit D — Park Resident Data
Exhibit E — Photos of Park Mobile Homes
Exhibit F — Available Mobile Home Spaces and Units for Rent /Purchase
Exhibit G — Low - Density Available Rental Housing
Exhibit H — Apartment Complex Rental Housing Availability
Exhibit I — Professional Mobile Home Movers
16
20 -41
Exhibit A — Proposed Project Plans
Conceptual Lot Study A
17
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20 -42
Exhibit B — Legal Description of the Park
The land referred to herein is situated in the State of California, County of Orange, City
of Newport Beach, and is described as follows:
LOT 714 OF FIRST ADDITION OF NEWPORT MESA TRACT, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT ONE -HALF OF ALL OIL AND OTHER HYDROCARBON SUBSTANCES, AS
GRANTED TO HAZEL S. GREGG, BY DEED RECORDED JULY 14, 1953 IN BOOK
2537, PAGE 609, OFFICIAL RECORDS.
ALSO EXCEPT ONE- QUARTER OF ALL OIL OR OTHER HYDROCARBON
SUBSTANCES AS RESERVED IN THE DEED FROM FRANK STEM AND SIDONIA
STEM, HUSBAND AND WIFE, RECORDED SEPTEMBER 10,1959, IN BOOK 4873,
PAGE 433, OFFICIAL RECORDS.
ALSO EXCEPT THE WESTERLY 10 FEET OF SAID LAND AS CONDEMNED BY THE
CITY IF NEWPORT BEACH UNDER SUPERIOR COURT CASE NO. 203614.
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20 -43
Exhibit C — Existing Park Map
19
20 -44
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SECTION ONE
r
SECTION IHREE
19
20 -44
Exhibit D — Park Resident Data
SPACE
#
NAME
Monthly
Rent
Ownership
Status
# BRs /
#BAs
SF
Age of
Unit
A -02
Novotny, Bill (Gary Lender)
825.00
OWNER
3BR
A -03
Eakins, Paut/Reta
800.00
OWNER
2BR
A -04
Hacket, Evelyn
800.00
OWNER
2BR
A -05
Nunez, Esau/Cesiah (Park Rental)
1,200.00
TENANT
2BR
A -06
Hurst, Gary
850.00
OWNER
2/1
720
34
A -07
Long,Hope
800.00
OWNER
2BR
A -08
Sturniolo, Chris
800.00
OWNER
2/1
600
35
A -09
Wolfe, Dan
900.00
OWNER
211
1240
28
A -10
Beat, Jeff
82500
OWNER
2BR
B -01
Kawamura, Daniel J.
740.00
OWNER
2BR
B -02
Eifler, Jim
890.00
OWNER
2/2
740
15
B -03
Cutts, Antonio
800.00
OWNER
2BR
B -04
Wooden,Denice
80000
OWNER
2BR
B -05
Jackson, Sonja B. (Gary Rental)
90000
TENANT
2BR
B -06
Cline, Chuck and Ippun
800.00
OWNER
2/2
720
31
B -07
IVACANTSPACE
-
I VACANT
B -08
Velez, Mireya Minbel
1,00000
OWNER
2BR
B -09
Thomas, Janine
850.00
OWNER
2/2
800
39
B -10
Jones, Harry Bell
1,200.00
TENANT
3BR
WA
N/A
B -11
VACANT SPACE
-
3BR
C -01
Jones, Cliff & Maier, June
80000
OWNER
1/1
450
56
C -03
Russell, Francis
850.00
OWNER
1/1
576
27
C -05
Nematzaden , Mohamed & Roberta (Park Rental)
1,000.00
TENANT
2/1
N/A
WA
C -06
Pelayo, Ramon
81000
OWNER
2BR
C -07
Baiza, Bobby and Caryn
820.00
OWNER
2/2
1056
30
C -08
Crowe, Jose and Blanca
810.00
OWNER
2/1
400
35
C -09
Ferrari, Nikki
800.00
OWNER
2BR
C -10
Koepke, William
81000
OWNER
2BR
C -11
Esparza, Gary and Abrego Diana
850.00
OWNER
2/1
1160
54
D -01
Toste , Ray (Park Owned SFR)
982.00
TENANT
2BR
D -02
Rodolfo, Lerri
800.00
OWNER
2BR
D -03
VACANT MOBILE HOME
-
VACANT
2BR
D -04
Price, Steve
810.00
OWNER
2/1
360
35
D -05
VACANT MOBILE HOME
-
VACANT
2BR
D -06
Talmo, Mark & Hart, Dawn (Park Owned Rental)
900.00
TENANT
2BR
D -08
Hrehniy, Adeline
850.00
OWNER
2/1
600
48
D -09
Wolfe, Jeff
825.00
OWNER
2BR
D -10
VACANT MOBILE HOME
-
VACANT
2BR
D -11
Abrego, Enrique
81000
OWNER
.2BR
E -02
Mcshane, Timothy
900.00
OWNER
2BR
E -03
Noeggerath, Osbaldo /Beatriz
820.00
OWNER
2BR
E -04
Gonzales, Lidia
1,000.00
OWNER
2BR
E -05
Reyes, Myriam
815.00
OWNER
2BR
20 -45
Exhibit D — Park Resident Data
SPACE
#
NAME
Monthly
Rent
Ownership
Status
# BRs /
#BAs
SF
Age of
Unit
E -06
Novotny, William M & Casiday, Monique (Park
Rental
1,200.00
TENANT
2BR
1
E -07
Jimenez, Rigoberto and Rosa
876.00
OWNER
2/1
620
29
E -08
VACANT MOBILE HOME
-
VACANT
2BR
E -09
Tinoco, Jose /Gloria (Gary Rental)
80000
TENANT
2BR
E -10
Sullivan, Mark
80000
OWNER
2BR
E -11
Ramirez, Javier and Marina
1300.00
TENANT
2/?
N/A
N/A
E -12
Elder, David /Jeri
82000
OWNER
2/2
880
9
E -13
Lea, Alicia
800.00
OWNER
2BR
E -14
Long, Don
810.00
OWNER
2BR
F -03
Strader, Scott and Patricia
810.00
OWNER
3/2
480
15
F -04
Rodriguez, Teresa
810.00
OWNER
2BR
F -05
Fierro, Andrea
810.00
OWNER
2BR
F -06
Courter, Eric /Rachel
810.00
OWNER
2BR
F -08
Killian, Tanya et al
970.00
OWNER
3/2
N/A
10
F -09
VACANT MOBILE HOME
-
VACANT
2BR
F -10
Martin, Cassandra
800.00
OWNER
2BR
F -11
Mezones, Mario /Maribel
935.00
OWNER
2BR
F -12
Macias, Bertha
825.00
OWNER
2BR
F -13
Moore, Christopher G.Nioleta
1,000.00
OWNER
213R
F -14
VACANT SPACE
-
VACANT
F -15
Rodriguez, Maria (Park Owned Rental)
1,250.00
TENANT
2BR
N/A
N/A
F -16
VACANT SPACE
-
VACANT
F -17
Ryan, Mike
830.00
OWNER
2BR
G -01
Brown, Marie
825.00
OWNER
2/2
880
37
G -02
Orozco, Martin
825.00
OWNER
2BR
G -03
VACANT SPACE
1,000.00
VACANT
3BR
G -04
Roses, Rafael & Bandilla, Maria
825.00
OWNER
2BR
G -05
VACANT SPACE
VACANT
G -06
Szecse, David and Marie Bucayan
825.00
OWNER
212
800
35
G -07
Tirado, Maria
825.00
OWNER
2BR
G -08
Garrison, Claude, Fleuret, Beth, Garrison, Dylan
1,400.00
TENANT
2/2
N/A
39
SUMMARY
Resident Owned Mobile Home
52
Park Owned Mobile Home - Vacant
5
Park Owned Home - Renter Occupied
10
Structure - Managers House
1
Vacant Space
6
21
20 -46
Exhibit E — Photos of Park Mobile Homes
n.A
r i
T�
22
:-
20 -47
Exhibit E - Photos of Park Mobile Homes
23
W-3
Exhibit F — Available Mobile Home Spaces /Units for Rent /Purchase — w /in 20 Mile Radius of 1560 Placentia, NB
24
20 -49
AVAIL
AVAIL
UTILITIES
ACCEPTS
TOTAL
PUS
AGE
PARK NAME
ADDRESS
FOR
RENT
LEASE
FOR
PORCH
AVAIL
SPACE
TYPE OF MH ALLOWED
-
-- --
DATE
PAID BY
TRAVEL
UNITS
CT
RESTRICTION
TYPE
(55 +,
COMMENTS IAMEN
RENT
TERM
PUROH
PADS
RENT
AVAIL
TENANT
TRAILERS
50., etc)
PROP
PROP
Single &Double Witle, must
Exc�p1 wale[
2 heated pools, 2jacuzzies, a pruete
Baysitle Village
300 East Coast Hwy
0
_
_
6
$68,900-
1
$1'900'00
submit l for home, the
(949)
Plow
s rand
No
2]0
Peta ok
Family
No
beach gym, 2 clubhouses and
NewpoM1 Beach
$259,000
home can not take up mom
can not
1331
1
track
me
ask. Only bmndnew mobile homes
than 75% of the property
will be allowed in me park.
Lido Mobile Home
710 Lido Park DAe
0
0 0
-
0
$1'625.0
Single S Double Wide
(G49) 673
Nine
armor trash
No
214
2uump {refs
Family
No
Priwte beach, clubhouse.
Park
Newport Beach
and up
6030
8 sewer
allowed
Regal Estates
1545 Mo mina Avenue
0
-
-
3
$27'000
0
$92500
Single 8 Double Wide
(Ng) 545-
Now
Gas, electric,
No
94
Pets ok
55+
55+
Na, clubhouse, library.
Mobile Home Park
Costa Mesa
$62,500
8703
Ads, &Sewer
Mariner6. Pat am
19350 WaN Street
0
2
a1n.5oo
0
$895.00
Single 8 Double Wide
(714) 955-
blow
Gas, eledflo,
No
93
1indoor small
56+
55+
Heated Pool &Spa. Clubhouse
Mobile Home
Huntington Beach
-
-
-
0820
water & sewer
pats 20 pound.
$194,500
Bay Harbor Mobl le
396 E 21st Street
0
-
-
0
-
1
$875.00
Single S Double Wide
(714) 321
Now
Gas S
Y.
28
Small pet
Family
No
O^relle Laundry Facility, Travel- Valler
Home Park
Costa Mae.
0122
Electric
a RV ishass ble-
Sfarllte Village
2060 Nei BIW, k4
0
-
-
2
$69,900
0
$675.00
Single &Double Wide
(949)54&
Ni
Gas, electric
No
55
1 pet, under
Family
No
Pool, clubhouae.
Mobile Park
Costa Mass
1312
S water
301to
Rancho Huntington
19361 Bmckl mat St
0
5
$291900.
0
$1,250.00
Single & Double Wide
(714) 962
Ni
All
No
194
1 Indoor pet
Family
55+
Fleeted Pad & Spa, Clubhouse,
Mobile Park
Huntington Beach
$157,900
7311
less than 201bs
& Sonia
Game mom.
Two Club Houses with kitchens,
Huntington
20701 Beach BIW.
0
8
$39,000-
0
$1,725.00
Single & Double Wide
(714)5.
Now
Al
Ne
304
Bread & waght
Family
No
laundry facilities, library, heated
Shoreclifla
Huntington Beach
$399000
4417
reaMCtions
pools 8 spas, billiard mom, cant
mom, BBOareas.
Los Amigos Mobile
18601 Newland Street
0
-
5
$79,900
0
$900.00
Single S Double Wide
(714)962
Now
All
No
145
2Pat. max, 20.
55+
55+
Pad S Spa, Clubhouse, Fulham Rm,
Home Park
Huntngton Beach
$249,900
7422
fi s now
Dal Mar Mobile
19251 Bmokhuref SL
0
6
$84,920-
0
$925.00
Single B Double Wide
(714)96&
56w
All
No
142
Y. no Isis
55+
55+
Pleated Pad & Spa, Clubhouse, -RV
Estates
Huntington Beach
$18%900
0484
breeds
Storage.
Clubhouse, Pool, Jaaazi and Sauna,
Huntington Harbour
16,100 Saybrook Ln.
0
-
-
1
$459,000
0
-
Double wide an y
(714) 646-
Now
All
No
130
Pets N
55+
$$+
BBq Entertaining Area, Putting
Village
Huntington Beach
1010
Green, Exercise Roam, Billiard and
Cam Room, Community Gordon.
Gables Mobile
4801 W 1st St. M&i
0
-
-
0
-
0
$975.00
Double wide only
(714) 554-
Now
Gas, electric
No
12fi
2 pets, under
Family
No
Pod antl Jacuzzi. Clubhouse (not
Estates
Santa Ana
spin
donate,
wind
currently In use). Ce,waan station.
Country Club Mobile
518 S Sulliten St
0
-
-
1
$53,000
-
$1,145.00
Single &Double Wide
(714) 543-
Ni
All
No
114
2 pets ok
Family
No
Pod, spa 8 clubhouse,
Home
Santa Ana
7080
Bel Prase Mobile
8200 But.. A.m.
0
-
-
2
$53,400
0
$1,200 and up
Single &Double Wide
(714)891 -
Now
All
No
169.
Pets ok
Family
No
Pooh spa & clubhouse.
Home Park
Midway qty
0604
Double Wide (Single.
Plaza Mobile Ee18le8
3101 S F.i,. St
Remmetl; Doubles Preterred)
(714)646 -
Paol &spa. clubhouae wl Billartls.
aka Plaza Vlllege
Santa And
0
-
-
1
$39,007
22
$1,098.00
2005 or newer', need to submit
pictures for ap shed (45,95 is
42f16
Now
Ga. isal is
No
237
Pets ok
Family
No
Playgmuntl. Cnborderot Sanla Ana,
Costa Mass, and Newport Beach.
aVne, space size)
24
20 -49
Exhibit F — Available Mobile Home Spaces /Units for Rent /Purchase — w /in 20 Mile Radius of 1560 Placentia, NB
25
20 -50
AVAIL
AVAIL
UTILITIES
ACCEPTS
TOTAL
PUS I
AGE
PARK NAME
ADDRESS
FOR
RENT
LEASE
FOR
PURCH
AVAIL
SPACE
TYPE OF MH ALLOWED
CONTACT
DATE
PAID BY
TRAVEL
UNITS
TRICT
RESTRICTION
TYPE
(5A,
COMMENTS (AMENITIES
RENT
TERM
PURCH
PLACE
PADS
RENT
PHONE
AVAIL
TENANT
TRAILERS
5
W., etc)
PROP
Beachview Mobile
Park
17261 GOthard Street
$3],000.
(714)847 -
aka Beach View
Huntington Beach
0
-
-
2
]�
0
$]B5 00
Single &Double Wide
4444
Now
All
No
81
t small pet
55+
55s
Pod and 2 Laundry Rooms.
Community
8241 & 6301 Warner
All, (Thash &
Sea A. Mobile
Arenas
D
-
-
5
$90'0.
0
$1,134.00
Single & Double Wide
(]14) 84]
Now
Sewer addd
No
331
1 small pet
Family
No
2 Pools, 2 Spas, 2 Gubhousea,
ECads
$169.900
1121
$20 onto
Laundry Room.
Huntington Beach
Spane Rant)
Pool, Spa, GUbM1OUSe, Erce¢ise
Brookfleltl Manor
9850 Comeld Ate
9
-
-
5
$159,900.
0
$92500
Double wild only
(714) 966-
Now
All
No
139
i pet, under
55'
Sys
Room, Billam Room, 2 Saunas,
Huntington Beach
$239995
0484
Mae
HorseShce Gaming Area, Putting
Green, and Lbhury.
Single & Double Wide, must
Single
Green L antern
14352 Beach Blvd,
-
-
1
$]4,900
4
$90000
be brand new, dealer must
(714) 897-
Now
All
No
130
i Pep under
Family
No
Pool, Spa, Gublouse, Laundry
Village & Mobile
Westminster
3001
late
Room. RV paking$75.00 per month.
come to take measurements
Bola Vertle Estatee
9350 Balsa Ays
0
-
-
0
-
0
$9W.00
Single & Double Wide
(714) 897
How
All
No
85
Pete ok
Family
No
Pool, spa, clubli Near Little
Westminster
4447
Saigon.
Sea Breeze Mobile
5200 Hell Aware
$]T 500-
Single & Double Wide, 24x44,
(71 °)846-
1 small pet
Pool,leuntlry Room, Recreation Hall,
Estates;
Huntington Beach
0
-
-
2
$89,500
1
$82500
brand new home perared car
3885
Naw
All
N,
65
under ISlhsa
55+
55,
and Library ,
submit pictures fa approvel.
15inches
New homes, unable was,
Town &Coon"
3929 W 5Th Street
$685.00-
space for 2 -Cab C. homes
(]14)554-
Pets ok, under
Pool, Spa, and Lei Room,, Car
Villas
Santa Ana
0
-
-
5
$55,000*
3
$]5000
older model, l -24x42 apace
2768
Now
All
No
fig
29bs
85*
Wv
Wash, and Clubhouse,
newer home pereards
Warren Park MHE
1500 Warren Street
0
-
-
D
-
0
$840.00
Single 8 Double Wide
014) 54]
Now
Touch. gas &
No
203
Pete ok
Family
No
Gym, pod, and, clubhouse .
Sas Are
n
0421
water
pa, a use, po s a
Coach Royal Mobile
215 S Sullivan Smeat
D
-
-
1
$52,000
0
$1,14500
Single is Double Wide
(714) 941
Now
All
No
328.
1 small pet
Family
No
(half-basketball wart), Computer
Ham. Park
Santa And
2124
Room and Llbrery. Gym, Laundry
2Small Pets
Haated PddJSpa Billiards,
Rancho La Skies
181948usherd Street
0
_
_
5
Sbi'
$W,g00.
1
$900'00
Double Wide
(pty)g8p-
Now
All
No
181
Okay , under
551
55,
Community Garden, RV Storage, Res
Mobile Home
Fountain Valley
0
3841
39bs
Room with Monthly Potlucks)
$159,995
1 small Pat
Villa Valencia
14092 Browning Ale.
0
-
-
2
-
0
$9W.00
Newhomes, doublawide
014) 544
How
All
No
157
under 2011da or,
Family
No
Pool, Spa Clubhouse, Billed! Room,
Mobile Ealale
Tustin
$179,995
0311
20 inches
LauMry Room, His & Has Sauna.
Double Wide, 24x55 wdh
Pets ok; Indoor
23301 Ridge Route Drite
$38'900
(949) W10-
only. No
Laguna Hills Estates
Laguna Hills
0
-
-
3
$140,995
1 is-2
$1,2W.W
small game & must be brand
3900
Now
All
No
252
eize/weight
Family
No
Pod, Spa, Gubra.... (hardly raetl).
I
laudations, bin
Single & Double Wide (Mcatly
Gym, Pool & Spa, Clubhouse,
Orange Mobile
1931 E Meats A a,
0
-
-
1
SPUD 00
18
$1,22/. W
Double), homes mual be in
714- 283,6151
Now
All
No
1T9
Pe[s ok (1 Her
Family
No
Playgarurrd' Game Room, end 860
Home Park
Orange
gootl condition.
family an
Area.
25
20 -50
txmon
U - Low-uens TV Avauame Kentai nousin
APPROX.
SIZE OF
SECURITY
LEASE
DISTANCE
DATE
UTILITIES
WASHER
PETS
PARKING
ADDRESS
UNITTYPE
B R
BA
UNIT (SF)
RENT
DEPOSIT
TYPE
FROM
AVAIL
PAID BY
/DRYER
ALLOWED
INCLUDED
AMENITIES
SITE IN
TENANT
MILES
■
New extariorlinsrior paint,
12382 Ranchwood Rd.
SFR
3
2
2291
$3,300
$4,950
12 Months
13.6
1111114
All
Hook -ups
Pets ok
Garage
new carpet &renovated
Tustin
wbhen
Grants counter bps,
14841 Canterbury Ave.
SFR
3
2
1972
$3,300
$3,300
12 Months
106
1111114
All
Hook -ups
Pets ok
Garage
hardwood floors&
Tustin
asmdafion pees.
Newer grants kikhen,buift-
3120 Taft Way
SFR
3
3
1750
$3,200
$3,500
12 Months
13.3
9115114
All
Hook -ups
Pets ok
Garage
in wine rack, new tie /carpet
Tustin
pa9c with cover.
1752 Green Meadow
Wall neinkined, patio with
Ave.
SFR
3
2
1685
$2,795
$3,000
12 Months
104
9115114
All
Hook-ups
Pets ok
Garage
large yard, community pool
Tustin
and spa.
Conan bounders, mry,
143 N. "C' St.
SFR
3
2
1700
$2,785
$2,785
12 Months
111
10115114
All
Hookups
Pets ok
Garage
fireplace, recessed lighting
Tustin
& large l
Community pool, walking
All except
834 Main St.
Condo
2
2
952
$1,750
$1,750
M -M
11. 1
10115114
water
Hook -ups
None
Carport
distance b old low, Tustin.
Tustin
trash
One level made with bur
nit on lot
Mole house remodeled,
1910 Baker SI.
SFR
2
1
1291
$3,100
$3,100
12 Months
4.2
1111114
All
Hook -ups
Small pet
Garage
new plumbing, new
Santa Ana
skinless all applknces.
New exarior & interior
1230 W.18th SL
Pain( new mu ,
SFR
2
2
1901
$2,999
$2,999
12 Month
Months
152
11115114
All
Hook -ups
Small pet
Garage
Santa Ana
new skinless steteel e/
appliances.
en me es gar ener,
1220 W. 14th SL
SFR
3
3
1700
$2,250
$2,300
12 Mantra
144
10115114
All
Hook -ups
Pets ok
Garage
new interior paint garden
Santa Ana
window & stainless seal pot
Laminasllle (boring,
1245 Cabrillo Park
SFR
2
2
1127
$2,200
$3,500
12 Menthe
121
9123114
All
Hook -ups
Pets ok
Garage
spacious breakfast nook,
Santa Ana
private yard.
2160 W. Wellington
Ceiling fans, Showed
Ave.
SFR
2
2
1471
$2,100
$2,200
12 Months
11.2
9122114
All
Hook -ups
Pets ok
Garage
yard, sun room &walking
Santa Ana
distance b restaurant.
n ergroun ga
3039th St. #404
Condo
1
1
897
$1,300
$1,500
12 Months
12.8
9122114
All
On-sia
None
Garage
parking, spacious balcony,
Santa Ana
space
walking distance to
Huge yard for
213 Nobel Ave.
SFR
3
1
1289
$2,295
$2,000
12 Months
7.2
9122114
All
Hook -ups
None
Garage
enarfainni close
Santa Ana
space
freeways.
Rent ed.
Community, pool, spa, huge
3710 S. Bear St. #89
Condo
2
2
1093
$2,250
$2,000
12 Months
6
9115114
weer&
Hook -ups
Pets ok
Garage
doses, newer cabinets and
Santa Are
trash
munsrbps.
Single level, renovabd
3925 S. Ross St. #A
SFR
3
2
900
$2,150
$2,200
12 Months
7.5
9115114
All
Hookups
None
Garage
hardwood floors, grants
Santa Ana
munsrs and tocasd S.
Coast meto area.
Gaad community, new
3685 S. Bear St. #K
Condo
2
2
1144
$1,795
$1,800
12 Months
83
1011114
All
Hookups
None
Carport
ceiling has, dishwasher&
Santa Ana
walking . distance b schools.
19431 Surrey Ln,
Rent ind.
#102, Huntington
Condo
2
2
1225
$2,700
$5,000
12 Months
7.1
9122114
waar &
Ini
None
Garage
Single Level, 3 pools within
Beach
trash
community, clubhouse.
All. Rent
Huge yard for
6621 Lennox Dr.
SFR
3
1
1306
$2,500
$3,150
12 Months
113
9122114
includes
Hookups
Pets ok
Garage
entsrbinal close
Huntington Beach
Gardener
teeways.
5142 Warner Ave.
Pet deposit $500, goad
#111, Huntington
Condo
2
2
1253
$2,300
$2,300
12 Months
11.6
9119114
Trash
Hook -ups
Pets ok
Garage
mm unity, swinal pool
Beach
induded
&jacum
M.
20 -51
Exhibit G - Low - Densitv Available Rental Housing
27
20 -52
APPROX.
SIZEOF
SECURITY
LEASE
DISTANCE
DATE
UTILITIES
WASHER
PETS
PARKING
ADDRESS
UNIT TYPE
B R
BA
UNIT (SF)
RENT
DEPOSIT
TYPE
FROM
AVAIL
PAID BY
(DRYER
ALLOWED
INCLUDED
AMENITIES
SITE IN
TENANT
MILES
7672 Timber Cr. #4,
Water and
Fenced yard, dose to
Townhouse
2
2
1060
$1,750
$2,500
12 Mantis
7.2
1011114
Trash
Hook -ups
None
Garage
Huntington Beach
dining and shopping.
included
Water and
Gated community, granite
411 Coral Reef Dr.
kiChen counters, wood
#33, Huntington
Condo
2
2
7042
$2,250
$2,300
12 Mantis s
fi
0/1114
In -UnR
None
Carport
dues
Scoring, shopping center
Beach
included
nearby.
Association
Gated community, central
8142 Centimeters Dr,
SFR
3
3
2430
$3,695
$3,800
12 Mantis
5.7
9123114
dues
Hook -ups
None
Garage
A/C, hardwood flooring,
Huntington Beach
included
large yard.
All, Rent
a eposi e
8322ington
SFR
3
2
1027
$2,695
$2,700
12 Mantis
5.5
9123114
includes
Hook -ups
Pe6ok
Garage
flooring, large back yard,
Bar,
Huntington Beach
Gardener
large drive way, near
unlike and rental.
Water and
Enclosed privet pro,
8932ingonBeac04q
Condo
3
2
1287
$2,600
$2,600
12 Mantis
53
9123114
Trash
Ini
Pet ok
Garage
single level, swimming pool
Huntington Beach
included
and clubhouse whine
crionernow
Water and
Batton floor unit dose to
20062 Bayfront Ln.
Trash and
downtewn, shops &
#101, Huntington
Condo
2
2
1228
$2,550
$3,000
6 Months
61
9/1114
association
Ini
None
Garage
Beach
dues
restaurants, gated
included
community.
Water and
7351 Clay Ave.
Townhouse
2
2
7150
$2,500
$5,000
12 Monbs
77
9123174
Trash
Hook -ups
None
Garage
2 Car garage, upgraded
Huntington Beach
cerpet eodosed man pate.
included
Water and
Petdeposit$500, single
2321 Florida St. #B,
Condo
2
1
1100
$1,875
$1,875
'12 Months
fib
9123114
Trash
On -site
Pe6ok
Garage
stery large unit community
Huntington Beach
induced
laundry, high ceilings.
Recently upgraded with
5000 Neptune Ave,
Duplex
1
15
800
$1,795
$1,795
12 Mantis
1.2
9123114
All
Ornsite
None
Carport
new carpel, paint Close to
Newport Beach
dining and shops.
204 Adams St,
Water and
Clow b dining and shops,
Newport Beach, CA
Duplex
3
2
1250
$2,490
$2,500
12 Mantis
33
9123114
Trash
On -site
None
Garage
very dose to beach.
92661
included
16892 Sol. Chi.
Water, trash
Detached garage, dose to
St., #203, Huntington
4 -Plex
2
2
880
$1,500
$1,500
12 Months
11.8
9123114
&gardener
On-site
None
Garage
parks and schools.
Beach
indudetl
17752 Paseo Circle,
Duplex
2
2
1000
$1,575
$1,575
12 Months
79
9123114
All
On -site
None
Garage
Large patio, huge walk in
Huntington Beach
close6, dose b shopping.
16684 Arbor Cir,
2 Car garage, upgraded
#110C, Huntington
Condo
2
1
835
$1,595
$200
12 Mantis
94
9123114
Al
In -Und
None
Garage
carpet paint jax4 riles
Beach
tam beach.
2656 Orange Ave., 00,
Townhouse
2
1
1000
$1,650
$L650
12 Mantis
45
9123114
All
Hook -ups
Peeok
Street
Enclosed patio, gas
Costa Mesa
fireplace, Ole flooring.
2447 Elden, #2, Costa
Townhouse
2
1,5
1050
$1,695
$1,400
12 Monte
36
1011114
All
Hook -ups
None
Garage
Two story unit fire place,
Mesa
small yard reached.
873 Bear Crk, Costa
Townhouse
3
2
1325
$1,825
$1,825
12 Months
6
9123114
All
Hook -ups
Pe6ok
Garage
leca@d near dining and
Mesa
shopping, grid community.
229 W Wilson St, #e,
2 Car garage under the
Townhouse
2
2
1005
$1,995
$2,300
12 Mantis
3.1
9123114
All
lai
None
Garage
unk large pact, does le
Costa Mesa
dining and shops.
Water and
284 Cabrillo St, #B,
Condo
2
1.5
1065
$1,850
$1,850
12 Mantis
15
1011114
Trash
Hookups
None
Garage
Small frontpafio & large
Costa Mesa
beck paid, tiled tooring.
included
2314 Santa Ana,
Water and
Large pal fireplace,
Townhouse
3
2
1600
$2,495
$1,000
12 Mantis
3.1
9123114
Trash
Hookups
None
Garage
galled counity, swimming
Costa Mesa
included
pool.
27
20 -52
Exhibit H - Apartment Complexes - Rental Housing Availability
20 -53
Distance
Utilities
Complex Name
Address
Phone
from Site
ca
m
m
SEC. DEP.
Pets l Dep.(ea)
Included
(Miles)
Wksthay Apartment
825 Center Street Costa Mean
949- 642 -1424
0.8
$1,350
N/A
$700
None
None
Eadide Apartlnent
126 E. 18th Street Cosh Mesa
855 -857 -5272
1.3
$1,890
$1,000
Calsonty
None
Sundance West
1996 Maple Avenue, Cosh Mesa
949- 642 -4593
1.7
$1,575
$525
Cats only
None
Coronado at Newport
$1,437-
$1,943-
Up In 3 Pets. No
South
880 Irvine Avenue, Newport Beach
949 - 371.8437
2.0
$3,176
$4249
N/A
$600 -$700
Weight Rest. Only
None
Breed Ram.
Parsons ApartrnenLS
2000 Parsons Street2, Casa Mean
855 - 685 -6528
2.0
$1,750
$700
Pet ok
None
Mariner Square
1244 Irvine Avenue, Newport Beach
866- 280 -2871
2.1
$2,210
$2,500 +1 -
$700
Pet ok (Up t 18
None
inches)
Maditrranean Village
2400 Harbor Boulevard, Costa Mesa
714-557 -8020
2.8
$1'530
$1,930
N/A
$600 -$800
Cat only (Dogs in
None
$1,675
Certain Unit)
Promontory Point
200 Promontory Drive West Newport
866- 293.3148
3.7
$2,885
$1,000
Fees & Deposits
None
Bch
Missions at Bad Bay
1330 Bristol Street Cosh Mesa
657 -622 -0923
4.4
$1,661-
$1,806-
N/A
$500 -$600
Up In 2 rat/dags
None
$1,806
$2,103
w/ Breed Rest.
The Colony
5100 Colony Plaza, Newport Beach
866- 311 -2614
5.0
$3,150-
$3,355-
N/A
Varies
Deposits &Pet
None
$3,435
$3,530
Rent
$1,475-
$1,890-
Cat &Birds Only
South Point
655 Baker Street Cosa Mesa
714662.3222
5.1
$1,630
$2,100
$650. $850
wl Deposit & Pet
None
Rent
$1,920-
$2,130-
The Bays
1 Baywood Drive, Newport Beach
866-306 -9255
6.0
$2785
$700
Fees &Deposits
None
$1,960
$2,360
Carlyle at Golan Plaza
18880 Douglas, Irvine
855 -564 -9125
6.3
NIA
$2.665-
$3,500-
$500 -$750
Fees & Deposits
None
$3,485
$3,700
Avenue of the Art
3400 Avenue of the Art, Costa
714 -881 -1795
6.4
$2.099-
$2,339-
NIA
$800- $2,000
Fees &Deposit
None
Apartments
$2,771
$3,641
Aspen Village
3600 Aspen Village Way, Cosh Mesa
714-751 -1332
6.4
$1,650
$2,000
N/A
$600 -$650
Cat Only
None
Peartree Apartment Homes
3401 S. Plaza Drive, Sant Ana
714 -557 -1234
6.5
$1,475
$550+
None
None
Baypoinh
2500 Baypoinh Drive, Newport
866- 269.6524
6.5
$2'080
$2,460
N/A
$700
Fees & Deposit
None
Beach
$2,300
$1,760-
$2,000-
Newport North
2 Milano Drive, Newport Beach
866 - 286.9360
6.7
NIA
$2,000
Pets ok
None
$1,830
$2,320
Pinnace atMacArthur
31 E. MacArthur Crescent Santa Ana
866 - 673.8849
7.0
$1'759
$1'964
NIA
$400 -$500
Pets ok
None
Place
$2,946
$3,088
Skyline at MacAMur Place
15 MacArthur Place, Santa Ana
714.557.4444
7,1
$3,009-
$3,200-
NIA
$1,500
Pets ok
Gas
$3,298
$5,500
$2.485-
$3,030-
Newport Bluffs
100 Viaggio, Newport Beach
866 -286-7291
7.5
Varies
Fees &Deposit
None
$2,725
$4,050
The Palm, Santa Ana
1331 W. Central Avenue, Sunni Ana
714 - 979 -2994
7.6
$1,445
$500
None
None
San Marm Villa
101 Venetia Drive, Irvine
866-286-7328
8.2
$1,550+
$3,500+
$4,500
$600 - $800
Fees & Deposit
None
San Marino
403 San Marino, Irvine
949 -553 -1662
9.9
$1,795
$99
Fees & Deposits
None
Woodbridge Pae
115 Pineshne, Irvine
949 -733 -0414
10.4
$1,740
$2,000+
$3,190
Varies
Fees & Deposit
None
Cross Creek
22 Creek Road 41, Irvine
949- 733 -0414
10.6
$2,400+
$2,000
Fees &Deposits
None
Newport Ridge
1 Whita Cap Lane, Newport Beach
866-288 -0255
10.6
$2,030
$2,195-
$1,000-
Fees &Deposits
None
$2,525
$2,030
Turtle Rod Canyon
100 SanedlRe Aisle, Irvine
866- 319 -0424
10.9
$2,195
$2,965
$1,000
Dog -24 inches
None
Wndwood Knoll
2 Flagsthne, Irvine
949 - 551.3258
11.2
$1,700+
$1,800+
$2,400
$600 -$800
Fees & Deposits
None
Rancho Maderes
13408 Heritage Way, Tustin
866 - 297.7878
13.0
$1,955
$700
Pets ok
None
20 -53
Exhibit H - Apartment Complexes - Rental Housing Availabilitv
I
20 -54
Distance
Complex Name
Address
Phone
from Site
m
m
m
SEC. DEP.
Pets l Dep.(ea)
Utilities
(Miles)
Included
Northwood Place
1300 Hayes, Irvine
949- 857 -4100
13,4
$1,550
$1,645
$2,445
$600-$800
Fees & Deposits
None
Promontory Point
200 Promontory Drive West, Newport
866- 293 -3148
3.8
$2,990
$2,900
Yes
None
Beach
Coronado at Newport
880 Irvine Avenue, Newport Beach
949- 371 -8437
2.0
$1,365-
$1,871-
N/A
$600 -$700
Yes
None
South
$2,264
$3,048
Turle Rock Vista
3 Rockview Drive, Irvine
866 -319 -0439
9.4
$1,775
$1,775
Yes
None
Harbor at Mesa Verde
2700 Peterson Place, China Mesa
714 -546 -0370
3fi
$1,471
$1,471
Yes
None
San MI Villa
101 Veneto, Irvine
866- 286 -7328
8.2
$1,575
$1,575
Yes
None
Woodbridge Villas
10 Thunder Run, Irvine
949- 786 -5110
10.1
$1,755
$2,145
$1'755
Yes
None
$2,145
Courtyards at South Coast
3800 S. Flower, Santa Ana
714 556 -7960
7.8
$1,414
$1,414
Yes
None
Kelvin Court 1
2552 Kelvin Avenue, Irvine
949- 797 -0003
81
$1,865
$1,865
Yes
None
Wndwood Knoll
2 Flagstone, Irvine
949 -551 -3258
12,1
$1,600
$1,600
Yes
None
Murano
100 Grand Canal, Irvine
866 -941 -7075
13.7
$1,675
$1,675
Yes
None
Northwood Place
1300 Hayes, Irvine
949 -857 -4100
15.1
$1,555
$1,555
Yes
None
Core Bella Apartment
9580 El Rey, Fountain Valley
714 - 968 -6545
7.3
$1,496
$1,496
Yes
None
Sendero Apartment Homes
8945 Riverbend Drive, Huntington
714842 -7368
10.8
$1,445
$1,445
Yes
None
Beach
Huntington Parkside
16211 Parkside Lane, Huntingtoo
714 -847 -5441
127
$1,300
$1,300
Yes
None
Beach
The Huntington Apartments
8400 Edinger Avenue, Huntington
714-947-9605
12.7
$1,455
$1,455
Yes
None
Beach
El Pasco Apartment Homes
14901 Newport Avenue, Tustln
714 -544 -9090
9.5
$1,425
$1,425
Yes
None
Estrella Apartment Homes
15742 Wtiiams Street, Tustin
714 -547 -0401
10.1
$1,302
$500
Yes
None
Rancho Mariposa
13211 Mytord Road, Tustin
866- 306 -0327
13.1
$1,695
$1,695
Yes
None
Las Palmas
100 La Palmas, Irvine
B66- 280 -1732
133
$1,630
$1,630
Yes
None
Rancho Alisal
13800 Parkeentor Lane, Tustin
866- 297 -5653
11.9
$1,590
$1,590
Yes
None
Solana
100 Monk) Vista, Irvine
714- 389 -4444
13.3
$1,880
$1,880
Yes
None
Parkside Court
4200 Wasl lstStree( Santa Ana
866- 673 -8792
10.8
$1,196
$1,196
Yes
None
Renaissance at Uptown
3063 W Chapman Avenue, Orange
866- 674 -1229
14.9
$1,718
$1,718
Yes
None
Camden Martinryue
2855 Pinecreek Drive, Newport
714540 -5500
4,5
$1,200
$300
No
All
Beach
The Bays
i Baywood Dr", Newport Beach
866- 306 -9255
6.0
$1,875
$1,875
Yes
Gas utilities
included
Newport North
2 Milano Drive, Newport Beach
866- 286 -9360
6.7
$1,705
$1,705
Cate
None
Newport Bluffs
100 Vilaggio, Newport Beach
866 - 286 -7291
7.4
$2,300
$2,300
Yes
None
Mariner Square
12441n•ine Avenue, Newport Beach
866- 280 -2871
21
$2,145
$2,145
Yes
None
Baypoinle Apartnente
2500 Baypotnp Drive, Newport
866- 269 -6524
6.5
$2,135
$2,135
Yes
None
Beach
I
20 -54
Exhibit I — Professional Mobile Home Movers
Name /Address
Phone
Contact
Comments
BH Manufactured
Specializes in tear downs and rebuilds,
Homes 1731 Pacific Coast
310 - 534 -1750
Brad
remodels and transporting.
Hwy., Lomita, CA 90717
Go Transport 27548
Specializes in transporting, parking, tear
Vanilla Ct Menifee, CA
760- 475 -3586
Edgar
down and set up.
92585
Ron Hannah Trucking PO
Only licensed for the transporting of
BOX 24 Moreno Valley, CA
951 - 924 -7114
Ron
mobile homes.
92552
Compass Mobile Home
Movers 234 Jacobs Piland
843- 906 -2568
Tim
Services nationwide, specializes in set
Rd., Moncks Corner, SC
ups and tear downs and transporting.
29461
RBK Transport, Inc. 1315
Services all of California, only licensed
N Murray St, Banning, CA
951- 849 -5940
Marge
for the transporting of mobile homes.
92220
Bennet Truck
Transport 1444 S. Willow
909- 875 -8008
Cali
Services all of California, only licensed
Ave., Rialto, CA 92376
for the transporting of mobile homes.
Golden State Home
Services all of California and
Transport 11212 Lander
209 - 656 -8000
Cherli
specializes in transporting, parking, tear
Ave., Turlock, CA 95380
down and set up.
Baxter Mobile Home
Services all of California and
Services 2540 Burlwood
209 - 544 -8212
Rachel
specializes in transporting, parking, tear
Dr., Modesto, CA 95355
down and set up.
BENT Level
Services all of California and provide
Construction PO BOX
503 - 650 -5883
Angie
mobile home and modular setup, tear
264 Oregon City, OR
down, and transport with a remote
97045
parking machine.
Sav On Moving &
800- 675 -2956,
Goes through a tow company with
Storage 341 Bonnie Circle,
cell 714 -299-
Shannon
Landow and only takes for disposal not
Suite 103 Corona, CA
7539
set up for relo.
92880
30
20 -55
Attachment No. CC 7
Correspondence Received
20 -56
January 13, 2015
Re: Relocation Impact Report
Ebb Tide Project
November 26, 2014
PA — 2014 -151
To the City Council of Newport Beach:
�.�GEIVEQ 9}.
CO-M . UNITY
JAN I • 2915
n� QEVELOAf;�EN7 1.
G
OFN%<WPORS
As a homeowner in the Ebbtide Mobile Home Park (Park), this will serve as my submission and
rebuttal to both the November 26, 2014 Relocation Impact Report (RJR) for the Ebb Title Project
as well as the December 17, 2014 Review of the RJR by Paragon Partners, Ltd. (Paragon). For
ease of reference and to facilitate your analysis, I have categorized some of the more
predominant issues and problems in the RJR into separate issues.
ISSUE 1
Page 12 of the RIR states: "The owner anticipates the Park closing in July 2015."
Excerpt from December 17, 2014 Paragon report on its review of Draft RIR for the Ebb Tide
Project (MRL 798.56 (g) (2)- Exhibit C)):
After all required permits requesting a change of use have been approved by the local
governmental board, commission or body, the owner shall give the homeowners six (6)
months or more written notice of termination of tenancy, If the change of use requires no
local governmental permits, then notice shall be given twelve (12) months or more prior to
the owner's determination that a change of use will occur.
Please see Notice of Incomplete Filing (Exhibit A) dated October 22, 2014 from the City of
Newport Beach Coimnunity Development Department. The second to the last paragraph states:
"Please note that the City will retain a consultant, at the applicant's expense, to conduct the
enviromnental review of the proposed project and the Traffic Study. Staff remains concerned
about the overall plan related to the amount of open spaces provided, excessive building height,
and the number and location of guest parking spaces. We have provided guidance in an effort to
enhance the project; however, efforts to address staff's concerns have been insufficient and may
lead to staff to recommend against the proposal as currently proposed."
Since October 22, 2014, there has been no update to PA — 2014 — 110 by the applicant, and the
filing is expected to remain incomplete as of January 27, 2015 and also January 31, 2015.
I have been informed that the initial Study Sessions by the Planning Department of the Traffic
Study and/or the Environmental review of the proposed project have not even been tentatively
scheduled yet, and the soonest they could occur might be sometimE in February 2015.
20 -57
I assert that the only legal means to close the park in "July 2015" would require that all of the
permits to have been granted no later than January 31, 2015 (i.e. 6 months prior to July 31,
2015). Since the file (PA 2014 -110) and related application are expected to be incomplete on
January 31, 2015, how is it legally possible to close the park in July 2015, since it is impossible
for the permits to be granted by January 31, 2015?
I assert that the draft RIR dated November 26, 2014, as submitted to the City Council and mailed
to the Ebbtide Homeowners on January 12, 2015 is not sufficient and has not met the
requirements of the MRL, since the July 2015 anticipated Park closure date is in not in
accordance with MRL Section 798.56 (g) (2).
One possible alternative might be for a future draft RIR to read "The Owner anticipates the Park
closing on the later of [a] July 27, 2015, or [b] six months after all required permits
requesting a change of use have been approved by the local governmental board,
commission, or body, including the required land use permits /entitlement approvals from
the City" rather than "The Owner anticipates the Park closing in July 2015." Language based
upon Costa Mesa (Anchor Park) 2013 RIR excerpt below:
2.3 Park Closure
As discussed throughout the Report, the Park will cease operating as a mobilelrome /recreational vehicle
Park. Under applicable state laws, the earliest date that the Park can officially close is the date that is six (6)
mouths after the Proposed Owner has obtained the required land use approvals from the City of Costa Mesa
for the proposed prgioct on the site. The Proposed Owner commits that the Park closure date will be the,
lgig of (1) august 24, 2013 or (ii) six (6) months after obtaining the required laud use permiWantitleanont
approvals from the City ( "Closure Date "), which date is the final date all residents must vacate the Park. It
is esthnated that the date that is xix (6) mouths after the Proposed Owner received its land use approvals
may occur before August 24,2013; however„ the Proposed Owner has committed that the Closure Date will
not be sooner than August 24, 2013, Upon receipt of the approvals for the change of use iiom ilia City of
Costa Mesa, the Proposed Owner will send each resident household, within the Park a formal notice of the
actual Closure Date and a notice of termination of tenancy pursuant to California Civil Code Section 798,
et seq., which is commonly known as the Mobilehome Residency Law (`1^ARV),
ISSUE 2
Excerpt from December 17, 2014 Paragon report on its review of Draft RIR for the Ebb Tide
Project
In summary, replacement housing was thoroughly researched, and important factors such as
space rent and prohibitions on age and size of mobile homes were included, A plethora of
alternative housing was also identified, in the form of various low density and multifamily
dwellings. Given the relocation payments available, and the general availability of housing
options and price and rental cost ranges, it appears that there is su icient replacement housing,
The Draft RIR is sufficient and meets the requirements of the KARLI
land California Government
20 -58
Assuming the City Council agrees with my assertion in ISSUE 1, I respectfully propose that
Paragon be terminated by the Planning Department as the Expert Consultant with respect to
further reviews of future draft RIRs. Since Paragon concluded that "The Draft RIR is sufficient
and meets the requirements of the MRL... ", and that conclusion is upheld as incorrect, how
could any further reviews of future draft RIRs by Paragon be expected to have integrity, and
being worthy of the Planning Department and the City Council placing reliance on this Expert
Consultant and any future reports issued by such Consultant?
ISSUE 3
Page 12 of the RIR states: "The recipients must also enter into a voluntary relocation agreement
(cooperation agreement), which specifies relocation benefits in accordance with this report."
Page 3 of the VOLUNTARY RELOCATION AGREEMENT (Exhibit B) states: "In the event
(i) the RIR submitted to the City is found sufficient without material changes in the relocation
benefits provided thereunder, and (ii) all material components of the residential subdivision
project described in the RIR submitted to the City ( "Entitlements ") are approved either
unconditionally or with the conditions acceptable to Owner and a conforming final ordinance or
resolution is adopted by the City prior to May 31, 2015, then in consideration for Resident (i)
terminating and vacating his or her tenancy before the Termination date pursuant to paragraphs 1
and 2 above, (ii) permanently vacating the Homesite and Park, and (iii) removing the
Mobilehome from the Homesite and the Park on or before the Termination Date, subject to _
Section 3 of this Agreement, Resident shall receive a payment in the sum of $20,000, within 10
business days after permanently vacating the Homesite and Park."
Mr. Sunti Kumjim has presented Exhibit B, along with the draft RIR dated November 26, 2014,
as the only two options that I have.
Black's Law Dictionary defines coercion as:
"Compulsion; constraint; compelling by force or arms or threat. It may be actual, direct, or
positive, as where physical force is used to compel act against one's will, or implied, legal or
constructive, as where one party is constrained by subjugation to other to do what his free will
would refuse. As used in testamentary law, any pressure by which testator's action is restrained
against his free will in the execution of his testament. "Coercion" that vitiates confession can be
mental as well as physical, and question is whether accused was deprived of his free choice to
admit, deny, or refuse to answer."
20 -59
Black's Law Dictionary defines duress as:
"..." "A condition where one is induced by wrongful act or threat of another to make contract
under circumstances which deprive him of exercise of his free will: 'Includes any conduct which
overpowers will and coerces or constrains performance of an act which otherwise would not
have been performed. "... "One who, under the pressure of an unlawful threat from another
human being to harm him (or to harm a third person), commits what would otherwise be a crime
may, under some circumstances, be justified in doing what he did and thus not be guilty of the
crime in question."
I assert that Mr. Kumjim has used coercive tactics in an attempt to compel me to agree to enter
into the agreement (memorialized as Exhibit B) wider duress by presenting a non - compliant
(please see ISSUE 1) draft RJR dated November 26, 2014 as my only other alternative.
I have pointed out the non- compliance of the RIR to Mr. Kumjim numerous times, and
requested him to provide me with a compliant RIR before I make a decision, and he has refused
my numerous requests. My only hope is to humbly and respectfully beg the City Council to
consider my rebuttals.
ISSUE 4
Page 11 of the RIR states:
b) In situations where it is not feasible to relocate the mobile home, payment
will be provided as follows:
1. A fixed payment to the mobile home owner to abandon the unit in
place, or remove the mobile home at their own cost, provided the
mobile home owner signs a cooperation agreement that terminates
any tenancy /occupancy and permanently vacates the Park. Payments
to be made as follows:
- For units 540 SF or less, a. payment of $9,000
- For units 600 SF -912 SF, a payment of $14,500
For units 960 SF -1,344 SF, a payment of $15,700
From speaking with various Homeowners, it is my understanding that certain Homeowners are
being offered a VOLUNTARY RELOCATION AGREEMENT which differs significantly and
materially from the VOLUNTARY RELOCATION AGREEMENT presented as Exhibit B.
20 -60
There is no transparency provided in the RIR to explain why certain homeowners are
compensated with as much as $50,000 to $99,500 each, while the vast majority are compensated
with $29,000 to $35,700 each. If the differences are based upon appraisals and/or in -place value
provided to certain Homeowners, why can't the appraisals and any other applicable criteria used
and explanations be included within the RIR to provide transparency to the City Council to have
all facts reasonably available in making the review and decision?
I assert that by keeping each of the 52 VOLUNTARY RELOCATION AGREEMENTS details
excluded from the RIR, the applicant is not providing adequate transparency to allow the City
Council to determine if all of the homeowners are being treated equally with respect to the
compensation required by page 11 of the 11111, which is based upon square footage of the
home... period. If there are other attributes being considered in determining reasonable and
appropriate compensation, these attributes should be documented within the RIR to provide
transparency for the review process by the City Council, in order to determine if these attributes
have been measured and applied consistently and fairly for all of the Homeowners.
I propose that the applicant be compelled to include all 52 Homeowners' VOLUNTARY
RELOCATION AGREEMENTS within the RIR to allow adequate transparency to allow the
City Council to malce an appropriate review of the RIR, since the reference on page 12 of the
RIR incorporates this document as a material component of the RIR by usage of the word
"must ", implying there is no alternative or other option.
ISSUE 5
The payment schedule on page 11 of the RIR does not contain a timeline of the payment dates.
There is no transparency provided with respect to the dates that the homeowners can expect to
receive the compensation that they have been promised. The language infers that the
homeowner must fulfill requirements of the RIR in exchange for an IOU and a promise that the
check will be in the mail if and when we decide we will issue the payment.
Page 12 of the RIR states "Requests for funds will be timely processed in a reasonable manner
and signed aclumowledgements of receipt of payments will be maintained in individual relocation
files." No meaningful details are provided with respect to actual dates that the homeowners can
expect to receive the compensation they have been promised, and the language is vague and
subject to interpretation.
20 -61
Page 14 of the RIR states:
5. The relocation specialist will issue benefit checks, which will be available
at their offices for pick -up, delivered personally or mailed, depending on
circumstances;
6. A final payment will be issued after confirmation that the resident has
completely vacated the Park;
7. Receipts of payment will! be obtained and maintained in the relocation
case file.
There is no mention of any specific dates that the Homeowner can expect to receive
compensation from the applicant, and the language used is vague with respect to the timing and
the expected dates of actual payment to the homeowner.
I propose that a transparent payment timeline be memorialized, including details of dates and
timeline specifications, within the RIR to allow City Council to review the appropriateness,
reasonableness and conformity of such with the law.
Please see excerpts below from the Anchor Park closure (City of Costa Mesa during 2013) in
which specific dates and timetables are established in order to provide reasonable transparency
for the City Council to review for appropriateness and conformity with the law.
To summarize the Eligible Residents' paymants and the timing, see below chart.
'
Prior to Colnmoneement
Date"
�t7 Days Prior to
Eligible Resident's
Move Out Date 26 7
On Move Out Date
Relocation
Benefits Not Paid;
/, ofFUND Amount
Remaining'fi of FUND Amount;
Option 1
Eligible Resident meats
per Diem; Personal Property
with Relocation Assistant
moving costs (if select to do
to review Relocation
directly). All third party costs paid
Options
directly to company(ies) handling
I
I service.
_ _
:Ctelocatinn
Benefits Not Paid;
/s of FUND Amount
Remaining % of FUND An oust;
Option 2
Eligible Resident meets
Cash equivalent of Residential
with Relocation Assistant
Structure Moving Costs; Per Dican .
to review Relocation _
Arttount; Salvage Value of ___
20 -62
ISSUE 6
I have been informed by Mr. Kumjim that some or all of the voluntary relocation agreements
(please see page 12 of RJR) will be still in draft stage as of January 27, 2015. How could the
City Council be expected to make a determination of the compliance of the RIR with State Law
if a material component of the RIR is still under draft on January 27, 2015?
I propose that the applicant be compelled to complete its drafting of the voluntary relocation
agreements which are required (usage of the word must) by the RIR and reach a final issuance
stage to be incorporated into a future version of the applicant's RIR, and include each of the
final documents as Exhibits, rather than keeping the City Council, Ebbtide Homeowners and the
general public in the dark by providing absolutely nothing in writing with respect to the
voluntary relocation agreements which must be entered into by the Homeowners per the
November 26, 2014 draft RIR page 12.
Please note that this submission is not exhaustive and I expressly reserve my right to challenge
any other deficiencies within the RIR that are not mentioned herein. I also reserve any and all
administrative, legal and equitable rights and remedies to challenge any subsequent decisions of
the City with regards to the change of use and /or closure of the Park. I do appreciate your time
and respectfully request your detailed consideration of these issues:: Thank you.
Respectfully Submitted,
David A. Szecsei
David A. Szecsei, Homeowner in the Park
Enclosures
20 -63
Options
_
Residential Struct n•e based nn
hida )endent company's schedule
Relocation
Benefits Not Paid;
/20t FUND Amount
Remaining'' /. of FUND Amount;
Option 3
lligible Resident meets
Per Diem; appraisal value of
with lelocation Assistant
to review Relocation
O tions
Residential Structure
Non - Eligible
.Residents
Benefits Not:Paid
'/, of Moving Stipend.
Remausing'4a of Moving Stipend
ISSUE 6
I have been informed by Mr. Kumjim that some or all of the voluntary relocation agreements
(please see page 12 of RJR) will be still in draft stage as of January 27, 2015. How could the
City Council be expected to make a determination of the compliance of the RIR with State Law
if a material component of the RIR is still under draft on January 27, 2015?
I propose that the applicant be compelled to complete its drafting of the voluntary relocation
agreements which are required (usage of the word must) by the RIR and reach a final issuance
stage to be incorporated into a future version of the applicant's RIR, and include each of the
final documents as Exhibits, rather than keeping the City Council, Ebbtide Homeowners and the
general public in the dark by providing absolutely nothing in writing with respect to the
voluntary relocation agreements which must be entered into by the Homeowners per the
November 26, 2014 draft RIR page 12.
Please note that this submission is not exhaustive and I expressly reserve my right to challenge
any other deficiencies within the RIR that are not mentioned herein. I also reserve any and all
administrative, legal and equitable rights and remedies to challenge any subsequent decisions of
the City with regards to the change of use and /or closure of the Park. I do appreciate your time
and respectfully request your detailed consideration of these issues:: Thank you.
Respectfully Submitted,
David A. Szecsei
David A. Szecsei, Homeowner in the Park
Enclosures
20 -63
EXHIBIT "A"
20 -64
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, 13,0. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Pax: (949) 644 -3229
www.newportbeachea.gov
NOTICE OF II NCOIVI LETS FILING
October 22, 2014
Ebb Tide, LLC
Attn: Sunti Kumjim
PO Box 19583
Irvine, CA 92623
skumjim @ebbtidelic.com
VIA EMAIL
as
1/712015 (per Fern,
signer of this letter)
and expected to be
current as of
1/27/2015
Application No. PA2014 -110
Tentative Tract Map No. NT2014 -002
• Site Development Review No. SD2014 -004
• Traffic Study No. 732014.007
• Planned.Comm unity Development Plan No. PC2014 -003
• Zoning Code Amendment No. CA2014 -006
Address 1560 Placentia Avenue
In response to a Notice of Incomplete Filing dated July 18, 2014, you submitted
additional information on September 24, 2014. Please be advised that after review of
this information, the submittal was only partially responsive and It has been determined
that further information Is required and your application remains incomplete.
Please be advised that in the July 181h incomplete letter and in previous discussions,
staff expressed concerns regarding height, design, parking, and open space. While
your proposed Planned Community Development Plan attempts to address height,
design, and lot size, staff still has concerns about the project and the process. The
project does not meet the intent of the Planned Community District Procedures as
established by Zoning Code Chapter 20.56 of providing for the classification and
development of land as coordinated, comprehensive projects in order to take advantage
of the superior environment resulting from large -scale community planning; allowing
diversification of uses as they relate to each other in a physical and environmental
arrangement while ensuring substantial compliance with the spirit, intent, and provisions
of this Zoning Code; and inclusion of various types of uses, consistent with the General
Plan through the adoption of a development plan and text materials that identify land
use relationships and associated development standards. '
The following documentation is required to complete the application:
1 1. Revise the project description to include creation of a Planned Community District.
J Include a narrative in support for waiving the minimum acreage requirement and how
the proposed project meets the purpose of Chapter 20.56 (Planned Community
District Procedures) (described above).
20 -65
2. In order to approve the proposed Tentative Tract Map and Site Development Review,
certain findings must first be made. Revise the project description to include a
narrative • supporting the required findings (Municipal Code Sections 19:12.070,
20:52.080; and 20.30.060) and justifying the additional height requested.
3. Include within the project description the intended creation of a Homeowners
Association;. applicable Covenants, Conditions, and Restrictions; and any easements
such as landscaping and parking.
4. Provide a Materials Board.
5. Submit the alternate design previously discussed that provides a driveway and
landscape buffer to the abutting industrial property in the City of Costa Mesa.
Provide a description and analysis of why the proposed design is superior to the
alternative design and why the alternative plan was rejected.
6. Submit a drainage analysis for review for the proposed storm drain. The proposed
storm drain on Placentia Avenue must be constructed per City Standards. The
storm drain on -site must be privately maintained. Catch basins will likely be located
at the intersection of the entry street and Placentia Avenue.
Please note that the City will retain a consultant, at the applicant's expense, to conduct
the environmental review of the proposed project and the Traffic Study. Staff remains
concerned about the overall plan related to the amount of open space provided,
excessive building height, and the number and location of guest parking spaces. We
have. provided guidance in an effort to enhance the project; however, efforts to address
staffs concerns have been insufficient and may lead staff to recommend against the
proposal as currentl proposed.
Upon verification of completion, the application will continue to be processed and will be
tentatively scheduled for a Planning Commission Meeting. Should you have any
questions regarding submittal requirements, please contact Fern Nueno, Associate
Planner at (949) 644 -3227, fnueno @newportbeachea.gov. Thank you.
0J ono, Assoo o e PIAMor
c:
The Totah Family Partnership
34700 Pacific Coast Highway, 303
Capistrano Beach, CA 92624
ffp_mgmt @yahoo.com
October 22, 2014
Page 2
20 -66
EXHIBIT "B"
Not provided
20 -67
EXHIBIT 44U"
See Attachment No. CC 6
Erin S. Guzman, Esq. G U ZMAN LAW FIR Of Counsel:
erin @guzmanfirm com Y� 1\ItlA
Telephone (760) 650 -1077
Facsimile (760) 477 -6044
www.guzmanfirm.com
A PROFESSIONAL CORPORATION
P.O. Box 1407
San Marcos, California 92079
January 16, 2015
City of Newport Beach
Attn: City Council & City Plamling Staff
333 W. Ocean Blvd
Long Beach, CA 90802
Re: PA- 2014 - 151 1Comment letter re: RJR for Ebb Tide
To City Council and City Planning Staff
Mark D. Alpert, Esq.
malpert@guzmanfirm.com
Daniel T. Rudderow, Esq.
drudderow@guzmanfirm.com
I represent Ebb Tide LLC in conjunction with the closure of Ebb Tide Mobile Home Park ( "Ebb
Tide "). I have been asked to address comments in a letter to the City, dated January 13, 2015 by David
Szecsei ( "Szecsei letter ") regarding the Relocation Impact Report ( "RIR ") for Ebb Tide. For the past 14
years, my legal practice has focused on the manufactured housing industry, including the closure and
conversion of mobile home parks to other uses.
As you may know, the purpose of an RIR and the local government's role in reviewing an RIR is
described in Government Code § 65863.7. This section specifies the party seeking closure "... shall file a
report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the
mobilehome park to be converted or closed. In determining the impact of the conversion, closure, or
cessation of use on displaced mobilehome park residents, the report shall address the availability of adequate
replacement housing in mobilehome parks and relocation costs." (§65863.7(a))
The City's role under this section is to review the report for the purpose of determining what it " .. .
may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of
the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find
adequate housing in a mobilehome park. (65863.7(e)) However, "The steps required to be taken to mitigate
shall not exceed the reasonable costs of relocation." Id.
The Szecsei letter raises concerns which are not material to the City's role in assessing the RIR and
determining the appropriate relocation benefits. Most of his comments either directly or indirectly rely on
his assertion that the RIR is not adequate because it included the comment that "The owner anticipates the
Park closing in July 2015." On its face, this statement was merely the owner's rough estimate of the closing
date. The comment is simply irrelevant to whether the RIR adequately reports the impacts of the closure on
the residents or whether the relocation benefits are adequate. The inclusion of this language is in no way
inconsistent with the notice requirements under Civil Code § 798.56(g)(2). The statement does not purport to
give residents statutory notice of closure. The residents will receive the statutorily required notice prior to
20 -69
Friday, January 16, 2014
PA- 2014 - 151 /Comment letlerre: 212jor Ebb l "ide
any closure and the RIR does not purport to serve as such notice. As a result, there is no merit to the
argument, which is the basis for issues I. 2 & 3.
Exhibit B to the Szescei letter is not a 'cooperation agreement" referenced in the RIR. The
"cooperation agreement" will include terms that are the same as those specified in the RIR, which can be
finalized after such time as the RIR is approved. Any other relocation agreements that have been entered
into between the owner and residents are private agreements by residents who have chosen to accept those
relocation benefits instead of those to be ultimately provided in the RIR. Thus, the assertion of "issue 4"
that these private agreements should be part of the RIR is mistaken. Similarly, issue 6 raised by the letter has
no merit because the actual cooperation agreements contemplated by the RIR will duplicate the relocation
benefits as the RIR and thus will have no impact on the benefits received, the cooperation agreement cannot
now be finalize and no purpose is served by requiring it to be appended to the RIR.
The Szescei letter takes issue with the fact that there are no exact deadlines for payment of relocation
benefits. In this case, the relocation is being managed by Overland, Pacific, & Cutler, Inc., which is perhaps
the most well -known and widely used in the industry. They can be relied upon to efficiently process requests
for relocation benefits. In our view, it is unwise to specify exact dates because payments can be delayed by
the failure of residents to timely provide necessary or adequate documentation and other issues outside the
control of the park owner. The RIR is sufficient in noting that relocation payments will be completed after
the resident has vacated the Park.
It is notable that none of the comments raised in the Szessei letter address whether the relocation
benefits set forth in the RIR adequately mitigate the impact of closure under the limitation that relocation
benefits shall not exceed the reasonable cost of relocation. In other words, the comments are not relevant to
the City's role in reviewing the RIR.
If staff or the City Council has any questions regarding these matters, please feel free to contact me.
Sincerely,
?z7
Mark . At , Esq.
GUZMAN LAW FIRM- APC
On Behalf of
Ebb Tide, LLC
M DA /kl
cc: Sunti KUlDpin
Page 1 2
20 -70
January 16, 2015
To: Fern Nueno, Newport Beach Planning Commission
And Newport Beach City Council
From: June C. Maier
Ebb Tide Mobile Home Park HOA Secretary
Gifted and Talented Specialist (retired)
Our Lady Queen of Angels R.0 Church parishioner and member of three
ministries
Grandmother of seven
Members of the Commission and the City Council;
My personal background in Ebb Tide MHP:
In 2008 1 retired from teaching in Las Vegas, NV, to move to Newport Beach
because my daughter, Laura Zublin, (resident of the Port Streets) needed my
help after the birth of the fourth child in the family. After looking for years to
purchase a mobile home, I located my single -wide 1958 Rod n' Reel "trailer"
Space C1 in Ebb Tide MHP. It was 400 sq ft with a small yard next to the pool,
across from the entrance and the manager. It was all I had looked for; security,
independence, gardening, exercise, and room for my Westie and cats, all
wrapped up in mid - century charm! And the price was right, fitting my small
teacher's pension.
More background on Ebb Tide closure:
In July 2014 the manager came to me asking what I could find out about the
rumors people were asking him. He said that people were saying our park was
sold, we would all be evicted, and new homes were going in here. I told him to
call Joe La Barbera, the son in law of Ray Totah, the owner and ask him. This he
declined to do. So I went to the woman who started the rumors and got Fern's
name and called her. She confirmed the basic facts.
In Augusta Homeowners' Association was formed and registered with NB City
Clerk as a legal entity. Many meetings were held and the residents were able to
vent their own situations, feelings, and exchange ideas.
The rest is a history of more rumors, lies from Joe, some information from Fern
which was all we had to go on, and a couple of vague and misleading letters
from Sunti Kumjim who represented "Ebb Tide LLC ". There was one public
meeting in October with OPC explaining how this would transpire. Residents
were upset due to the information that not only would they be forced to move,
they would be given a pittance in comparison to the equity they had put into their
homes, some over decades.
20-79
My comments on the RIR and the events of the park closure:
• Totally unprofessional treatment of the situation on the part of the Totah
Family Partnership and the developer MDK Irvine and their employee
Sunti
• Lack of information forthcoming from owner TFP, including Joe L. telling
residents bold -faced lies about the sale of the park
• The first RIR offering residents 10 -15k for homes worth way more was
iaughable as well as insulting
• Belief that because the majority of residents were low and moderate
income, some seniors, some Spanish speaking, some deaf, some living
from paycheck to paycheck, that they were not smart enough or
interested enough to be dealt with as NB citizens in other parts of town
would be treated
• Telling residents at a public meeting that they would be dealing with the
OPC employees as was standard operating procedure in a park closure,
but then Sunti walking around the park, speaking to people without an
appointment, offering secret deal verbally if they would move out by Jan.
1, 2015
• This coercive deal was never in writing, but served to further infuriate the
residents because it was an additional 20k, double the pittance, but still
not enough to purchase a new mobile or even pay off a mortgage
• When asked why the settlement couldn't be 60k to 100k to reflect "in place
value" Sunti said because then developer would not make profit since he
was paying Totah Family so much for land- rumored to be 40M
My comments on what needs to happen for this RIR to be more acceptable:
• to help mitigate the impact on the residents who are losing their
homes that they have invested in over the years, they need to receive
an independently done appraised "FAIR MARKET VALUE" so they
could go to a nearby MHP and have a large enough down payment to
purchase a similar home
• most space rents will be higher so an additional period of "rent relief'
reflecting the difference should be paid
• a timeline which clearly states when and how the settlement is
distributed so no possible misunderstanding is possible
• all documents, including the RIR, need to be in Spanish for the 10
households that need them, or a representative of OPC verbally
translate each page and explain it
• remove wording like "a voluntary relocation agreement MUST be
signed..."
• More communication, communication, communication...
Respectfully submitted by June C. Maier 0111612015
20 -72
January 15, 2015
Dear Ms. Nueno:
I am writing to request that a very important issue be added to my original letter
containing 6 issues as the 7`h issue.
I am enclosing a copy of State of California Department of Consumer Affairs Legal
Guide K -4 FOREIGH LANGUAGE TRANSLATION OF CONSUMER CONTRACT dated
May 2012 (the "Legal Guide ") which states (following 5 paragraphs extracted from the
enclosure):
A person in a trade or business, who negotiated primarily in the Spanish, Chinese,
Tagalog, Vietnamese, or Korean language in the course of entering into a contract with
a consumer, must give the consumer a written translation of the proposed contract in
the language of the negotiations (California Civil Code section 1632).
The purpose of the law is to insure that Californians who speak a language other than
English have a genuine opportunity to read the foreign - language translation of any
proposed contract that has been negotiated primarily in that language, and to consult
with other, before the contract is signed. It is never sufficient for the seller or creditor to
give the foreign - language- speaking person the translation after he or she has executed
(signed) the contract.
The law requiring translation of contracts negotiated in a language other than English
applies to:
Contracts for the rental, lease or sublease of apartments or other dwellings (including
mobile homes) for period longer than one month.
The foreign - language translation need not be given in the following kinds of
transactions: ...Contracts in which the foreign language- speaking consumer has
negotiated the contract through his or her own interpreter (with limitations, see below).
However, the last exception applies only if the consumer's interpreter is able to speak
fluently and read with full understanding both the English and the foreign language. In
addition, the interpreter cannot be a minor (under 18 years of age). Nor may the
interpreter be employed or made available by or through the person engaged in the
trade or business.
20 -73
Beginning with the initial letter from the developer announcing the initial outreach
meeting, no communications have ever been provided in Spanish, including the RIR
nor the 15 day advance notice to the residents about the City Council meeting on
January 27, 2015.
According to June Maier, Secretary of the Ebbtide Mobile Homeowners Association,
there are approximately 10 households which are English as a second language with
the primary language being Spanish. June is compiling a list of the applicable space
numbers to have for you Monday morning and also at the January 27 City Council
meeting. This is a by- product from her research which led her to print Homeowners
Association notices to residences in both English and Spanish on a routine basis. I
believe that many of the translators for the English as a second language adult
residents, both homeowners and renters, have been minors.
Since the RIR terminates the rental of tenancy of residents who have resided at Ebbtide
Mobile Home Park on a long -term basis for a minimum of one year and as long as 25
years or more, I assert that the attachment is be relevant to the RIR, and any related
legally required communications.
I respectfully request that this letter and enclosure be added to my previously submitted
"6 issue" letter and Enclosures.
Thank you for your time and attention to this matter.
Sincerely,
David Szecsei, one of the Ebbtide Homeowners
Enclosure
20 -74
6TATE AND CONSUMER BERV CE6 AGENCY • GOVERNOR EDMUND G. BROWN JR.
Legal Affairs -
1525 North Market Blvd., Suite S 309, Sacramento, CA 95834 �°'
o[v�nu[n, www.dca.ra.goV
Legal Guide K -4
FOREIGN LANGUAGE TRANSLATION OF
CONSUMER CONTRACTS
May 2012
A person in a trade or business, who negotiates primarily in the Spanish, Chinese, Tagalog,
Vietnamese, or Korean language in the course of entering into a contract with a consumer, must
give the consumer a written translation of the proposed contract in the language of the
neeotiationEThe translation must be an accurate translation of every term and condition in the
contract or agreement. This requirement of California law applies whether the negotiations are
conducted orally or in writing. This section does not apply to contracts negotiated in any of the
above languages if the consumer has an interpreter.2
The foreign language translation must be given to the consumer before the consumer signs
the contract. The seller or creditor must give the consumer the foreign- language translation
whether or not the consumer requests it. The foreign - language translation must include the
proposed contract terms, such as purchase price, finance charges, payment amount, etc.
The purpose of the law is to insure that Californians who speak a language other than
English have a genuine opportunity to read the foreign - language translation of any proposed
contract that has been negotiated primarily in that language, and to consult with others, before
the contract is signed. It is never sufficient for the seller or creditor to give the foreign-language -
speaking person the translation after he or she has executed (signed) the contract.
If a trade or business that is required to provide a foreign - language translation fails to do so,
the consumer can rescind (cancel) the contract or agreement, in which event the law governing
cancellation of contracts will apply.3 The consumer can cancel the contract even if it has been
assigned to a financial institution; but in that event, the consumer must look to the original trade
or business for a return of the amounts he or she has paid. If the consumer received any goods,
the goods must be returned to the original trade or business.
If a consumer rescinds, the consumer need not pay the financial institution that has received
an assignment of the contract. Instead, the financial institution is entitled to return the contract to
the original trade or business, and to recover from the original trade or business anything it has
paid to the trade or business.
The law requiring translation of contracts negotiated in a language other than English
applies to:
Credit sale contracts involving consumer goods and services of all kinds, including
automobile purchases and leases;
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• Virtually all loans or other extensions of credit for use primarily for personal, family or
household purposes, except loans secured by real property;
Consumer loans secured by real property, if arranged by a real estate loan broker, or
made by a personal finance company;
• Contracts for the rental, lease or sublease of apartments or other dwellings (including
mobile homes) for a period longer than one month. (Month -to -month and week -to-
week rental contracts are not covered);
Contracts involving the payment of fees or charges for legal services furnished by
lawyers;
• Reverse mortgages; and
• Mortgage foreclosure consulting contracts.
The foreign - language translation need not be given in the following kinds of transactions:
• Home improvement contracts.
• Contracts involving a seller who is not engaged in a trade or business.
• Contracts in which the foreign language- speaking consumer has negotiated the contract
through his or her own interpreter (with limitations, see below).
However, the last exception applies only if the consumer's interpreter is able to speak
fluently and read with full understanding both the English and the foreign language. In addition,
the interpreter cannot be a minor (under 18 years of age). Nor may the interpreter be employed
or made available by or through the person engaged in the trade or business.
At the same time and place where any contract is entered into following negotiations
primarily in one of the foreign languages listed above, a notice of the consumer's rights must be
displayed. This notice must be written in the language of the negotiation and must be
conspicuously displayed. The notice must inform consumers of their rights under this law.
This notice need only be displayed at those locations where the foreign language is used.
(The notice is not required to be given by providers of legal services or those who make or
arrange loans secured by real property.)
The business must give the consumer a foreign - language translation of the original contract
and any subsequent documents that modify the original contract or substantially change the
rights and obligations of the parties. A notice of repossession and deficiency under Civil Code
section 2983.2 is a document that substantially affects a consumer's rights under an automobile
financing contract.
However, the law does not require a foreign - language translation for any later documents
authorized by or expected to be made under the original contract or its modifications. Examples
of those documents which need not be translated include periodic statements, sales slips,
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invoices, add -on sales, or refinancings that are provided by or made pursuant to the original
contract.
If the contract involves a loan made by a "supervised financial organization" such as a bank,
savings association, credit union or personal finance company, the organization need only
provide a foreign - language translation of the credit disclosures required by the federal Truth in
Lending Act. A foreign - language translation of the remainder of the contract need not be
provided. Thus, the foreign - language translation need only include the amount financed, the
annual percentage rate, the amount and due dates of the payments and other relevant credit
information — the most relevant details that the average consumer would be likely to consider
before signing a contract.
The rule is different in the case of preprinted automobile lease contracts provided to dealers
by prospective assignees, such as banks or leasing companies. The prospective assignee must
provide a Spanish - language translation of the entire lease contract to the dealer upon the dealer's
request.' The dealer then provides this translation to the Spanish - speaking customer.
In interpreting a contract subject to the foreign - language translation law, the signed English
contract determines the rights and duties of the parties. However, if there is a substantial
difference between the English contract and the foreign- language translation, the law states that
this may show that no contract was ever entered into.
All cosigners of consumer credit contracts must receive notice of their obligations in English
and Spanish and/or the language in which the consumer contract is written (if not in English or
Spanish) prior to them becoming obligated under the contract.6 The same is true for cosigners on
vehicle leases .7 NOTE: This does not apply if the cosigner is married to the individual for who
he /she is cosigning.
A Patients' Bill of Rights translated into Spanish, Chinese, and certain other languages must
be made available to all patients speaking those languages living in long -term health care
facilities, including skilled nursing facilities, intermediate care facilities, and nursing facilities.s
The provisions relating to verification of Spanish - language translations of contracts by the
Department of Consumer Affairs were repealed in 2001.9
NOTICE: We attempt to make our legal guides accurate as of the date of publication, but
they are only guidelines and not definitive statements of the law. Questions about the law's
application to particular cases should be directed to a specialist.
This document is available on the department's website at www.dca.ca.gov. This document
may be copied if all of the following conditions are met: the meaning of the copied text is not
changed; credit is given to the Department of Consumer Affairs; and all copies are distributed
free of charge.
Prepared by: Richard A. Elbrecht, Supervising Attorney, Marla L. Scharf, Staff Counsel, Legal
Services Unit. Last updated May 2012 by Claire Yazigi, Attorney.
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ENDNOTES
1. Civil Code section 1632.
2. Civil Code section 1632(h).
3. Civil Code sections 1688 et seq.
4. Reyes v. Superior Court (1981) 118 Cal.App. 3d 159, 162 [173 Cal.Rptr. 267, 268].
5. Civil Code section 2991.
6. Civil Code section 1799.91 (a), (b).
7. Civil Code section 1799.91(d).
8. Health & Safety Code section 1599.61.
9. Statutes 2001, chapter 306 (AB 446).
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Erin S. Guzman, Esq.
erin@guzmanfirm.com
GUZMAN LAW FIRM
A PROFESSIONAL CORPORATION
Telephone (760) 650 -1077
Facsimile (760) 477 -6044 P.O. BOX 1407
www.guzmanfirm.com San Marcos, California 92079
January 20, 2015
City of Newport Beach
Attn: City Council & City Planning Staff
333 W. Ocean Blvd
Long Beach, CA 90802
Re: P.4- 2014 - 151 /Comment letter re: RIR jor Ebb Tide
To City Council and City Planning Staff,
Of Counsel:
Mark D. Alpert, Esq.
malpert@guzmanfirm.com
Daniel T. Rudderow, Esq.
drudderow@3uzmanfirm.com
As you know, I represent Ebb Tide LLC in conjunction with the closure of Ebb Tide Mobile Home
Park ('Ebb Tide "). I am writing to address a second letter to the City, dated January 15, 2015 by David
Szecsei regarding the Relocation Impact Report ( "RIR ") for Ebb Tide. The letter raises a seventh issue, the
claim that the RIR and /or related notices should have been provided to Spanish speaking tenants in Spanish.
The letter is not accurate and raises an issue which is not relevant for at least three separate reasons.
First, the cited code section, Civil Code § 1632 only applies to contracts with consumers. The RIR is
not a contract with a consumer or a contract of any kind. It is a report on the impact of closure and
mitigation measures proposed by the park owner, which has been submitted to the City of Newport Beach
for approval. Second, even assuming the RIR were a contract, the statute only applies if the contract was
primarily negotiated in the foreign language. (§ 1632 (a)) There is no indication any residents negotiated
their leases primarily in Spanish any language other than English. Third, the RIR does not terminate the
tenancy resident. It is merely a proposal for relocation benefits to be paid to be reviewed by the City
of Newport Beach. The tenancies would be terminated by a separate legal notice to the residents.
If staff or the City Council has any questions regarding these matters, please feel free to contact me.
On Behalf of
Ebb Tide, LLC
MDA /kl
cc: Sunti Kumjim
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