Mobile Home Parks Owned by K&S Companies

1. Agency rent subsidy agreement;
2. Mobile home park financing participation;
3. Rent survey;
4. Rent control ordinance; and
5. Concept of purchasing mobile home park(s).

Recommended Action: Motion the Agency approve a Rent Subsidy Agreement

Motion: To accept (A) Agency Rent Subsidy with the correction to change the subsidy from $25.00 to $40.00 per month - 3/2, No Sudario, Hernandez

Motion: To have the City Attorney look into purchasing the Chateau and Vista Diablo Mobile Home Parks - 5/0
1998-02-24 – Antioch City Council Meeting

City Attorney Galstan noted he felt that this issue had been taken care of in February with the passage of the Subsidy Agreement. However while going through the "wordsmithing" process of the Agreement, the mobile home owners found a major policy issue dealing with turnovers they have been unable to negotiate. He noted that since they are still in negotiations he is bringing to Council the idea of considering and alternative rent control ordinance which would require a rent survey. He further noted the mobile home park owner wants to make a proposal dealing with this "sticking point", and bring it back to Council in 30 days. He stated the Council needs to decide whether they want to take the action for the rent survey now, or wait to see if the "sticking point" can be worked out which would save the $6,000 fee for the rent survey.

City Attorney Galstan responded to questions by Council Member Sudario, stating the Council can authorize the survey consultant tonight with the stipulation to proceed only in the absence of a Rent Subsidy Agreement. He noted the proposal of the mobile home park owner can be brought to Council on May 23, 1998.

Bob Rasmussen, President of the Vista Diablo Mobile Home Owners Association, expressed support in favor of the rent survey, but noted he has concerns regarding the issue of apartments being included in the survey. He felt using apartment information in the study is illogical. He noted apartment dwellers have much more mobility without the financial investment of mobile home owners, making it an unfair comparison.

Allen Ives, resident of Vista Diablo stated he felt a resolution had finally been worked out and he was dismayed and disappointed with this process. He stated he was in support of the rent survey but felt apartments should not be used in the survey.

Larry Howard urged Council to focus on the tenants' ability to pay and further stated the rent survey adds insult to injury. He felt Council should be concerned with helping senior citizens are on a fixed income.

Jean Kuberra stated the issue of mobility needs to be considered, and does not feel it is fair to compare apartments to mobile homes. She further stated she is against the expenditure of $6,000 for the rent survey. She felt apartments should also be considered for a rent control ordinance along with mobile homes.

Council Member Sudario stated she would like to continue this item so Council could hear the proposal from the mobile home park owner before considering the rent control ordinance.

Council Member Soliz stated he would like to see the rent survey started immediately. He feels that it was important to "keep the ball rolling."

Council Member Hernandez stated she would like to continue this item until the proposal from the mobile home park owner is heard. She noted that if City Attorney Galstan signs the Rent Subsidy Agreement with the mobile home park owners, the $6,000 expenditure for the rent survey would be unnecessary. She stated that they will know within 30 days if the mobile home park owners will enter into the Rent Subsidy Agreement and the need for the rent survey is necessary.

Council Member Payton stated he is against rent control but is in support of a "buy-out" if it is financially feasible. He is in support of moving forward with the rent survey and the expenditure of the $6,000, noting it would not be spent until the City Attorney meets with the mobile home park owners and tries to work out the original Rent Subsidy Agreement.

Mayor Rocha declared a recess at 11:45 p.m. The meeting reconvened at 11:49 p.m. with all members present.

On motion by Council Member Soliz, seconded by Council Member Payton, the Council unanimously approved the proposal for a rent survey from Williams-Kuebelbeck & Associates for $6,000, and directed the City Attorney to prepare, to his satisfaction an agreement with mobile home owners. If this is not accomplished by May 12, 1998 the proposal goes into effect.
1998-04-28 – Antioch City Council Meeting

City Attorney Galstan presented the staff report dated June 5, 1998, recommending the Agency approve the modified subsidy agreement.

Bob Rasmussen, President of Vista Diablo Homeowners Association, stated they have been through a lot over the last 14 months dealing with this issue, and they feel the Ordinance is the best answer to their problems. He further stated he could not say if they are for or against the subsidy, because their mandate was to go for the Ordinance.

Allen Ives, Vista Diablo Resident, stated he prefers the Ordinance, but agreed the Subsidy does address some of their problems. However, he noted the Subsidy does not include a "vacancy control", and felt there should be one included. He then stated he would go along with the Subsidy agreement, even though it is not what they wanted.

Arne Simonsen stated he is pleased the City has gone forward with the Subsidy Agreement instead of the Rent Control Ordinance, as he felt Rent Control impinges on free enterprise. He encouraged the Council to use the 20 percent set aside money from the Redevelopment Agency for low-income loans made available to Antioch homeowners to help improve their homes.

Council Member Hernandez stated she believed this Agreement was to help all the mobile home parks not just Vista Diablo, and asked if the redevelopment Agency has enough money to subsidize all the parks, with all of the conditions in this Subsidy Agreement. Director of Community Development Ward stated he could not answer that question without knowing what the total cost would be.

Council Member Hernandez said she is still in favor of the Rent Control Ordinance, and felt the Rent Subsidy Agreement does not address all the problems of the Mobilehome residents. She also emphasized the importance of not leaving out the other mobile home parks in town.

She requested that staff check to see if Redevelopment money would cover the cost of what it would cost the General Fund for the Rent Control Ordinance.

On motion by Council Member Payton, seconded by Council Member Soliz, the Council approved the modified subsidy agreement. The motion was carried by the following vote: AYES: Payton, Soliz, Rocha NOES: Hernandez, Sudario
1998-06-23 – Antioch City Council Meeting

Address issues raised by residents including proposed conversion to an all-age/family park and rental increases #802-01.

Mayor Freitas stated he has put this item on the agenda at the request of the Vista Diablo Homeowners Association.

Lola Buck representing the Vista Diablo Mobilehome Park residents requested the City Council’s assistance in initiating rent control for mobile home parks, rolling back the rents to reasonable amounts and stop the conversion from senior to family park. She expressed concern regarding no disclosure of the conversion to residents and the terms of the lease agreements. In addition, she noted the owners have not clarified the process used for owners unable to pay the rent.

Allen Ives, Executive Vice President of the Delta Board of Realtors and Vice President of the Vista Diablo Mobilehome Park, gave a brief history of the rent subsidy agreement and reviewed the current rent agreement process. He requested the City Council develop a rent control ordinance, stop the conversion of the park and roll back the rents to a reasonable amount.

In response to Mayor Freitas, Mr. Ives clarified the lease agreements are from 10-20 years with a minimum increase of 6% per year.

Abe Arrigotti president of Sierra Corporate Management representing the ownership of Diablo Vista Mobile Home Park stated they believe rent control and vacancy control are not necessary. He discussed their intent and statutory requirements to convert from a senior to family park and noted at this time they have decided to table the issue. He clarified rent increases are annual and range from a blended CPI to 6%. He availed himself to the city for future discussions of these issues.

In response to Mayor Freitas, Mr. Arrigotti stated they are opposed to giving up their property rights through zoning or a conditional use permit and suggested the possibility of a memorandum of understanding to memorialize tabling of the conversion. He added he feels this issue can be resolved quickly through future discussions with the city.

Mayor Freitas stated he is willing to support rent control if necessary and voiced his support for a ten-year moratorium in which no discussion could take place regarding the conversion of the park to an all age facility. He noted that after the 10-year period changes could take place under a conditional use permit process.

City Attorney Nerland stated the city could draft an agreement that is recorded on the property or require a conditional use permit for conversion.

Mr. Arrigotti stated he would have to discuss the moratorium with the partnership.

Councilmember Simonsen suggested the possibility of the property owner bringing in a proposal for additional plots in exchange for changing the zoning of the property to senior housing. He encouraged Mr. Arrigotti to meet with the residents to discuss upgrading of the community room and suggested lowering the rents to at least the amount equal to the water, sewer and garbage rates.

In response to Councilmember Kalinowski, Mr. Arrigotti clarified that all fees homeowners are responsible for are fully disclosed at the time of move in. He noted rents are market driven with a direct nexus between the price of the home and rent.

Councilmember Kalinowski voiced concern regarding conversion of the park to a family facility as well as excessive rents and rate increases. He stated he would be willing to consider the city purchasing the park from the property owners and noted he would also support a 10 year moratorium with a sunset followed by a requirement for a conditional use permit to pursue the conversion.
2006-10-24 – Antioch City Council Meeting

Agreement with the Owners of Vista Diablo Mobilehome Park and Consideration of Adoption of an Interim Urgency Ordinance Placing a Moratorium on the Conversion of any Mobile Home Park currently existing in the City from a Senior Park to an All-Age Park #802-01.

City Attorney Nerland presented the staff report dated May 17, 2007 recommending the City Council: A) Provide direction regarding agreement with owners of Vista Diablo Mobile Home Park; and/or B) Consideration of an Interim Urgency Ordinance,

1) Motion to approve by motion the reading of the ordinance by title only; 2) Motion to adopt an urgency ordinance placing a moratorium on the conversion of any mobile home park currently existing in the City from a senior designated park to an all-age park (4/5ths vote required).

Mayor Freitas opened the floor to public comment.

Lola Buck, President of Vista Diablo Homeowners Association, on behalf of Erma Castine and Freda Hargrove thanked the City Council for their continued support. She discussed the difficulty residents have in marketing their homes due to the unreasonable rental rates which has resulted in selling below market rate or having to turn a property over to park management. She reported the park office is quoting inaccurate rents preventing buyers from considering purchasing homes. She noted residents whose leases are expiring are very concerned with how much rents will be increased. She reported an attorney has suggested the park implement a program that will defer rents for mobile homes on the market until after the home sells. On behalf of the residents she thanked city and urged them to support the proposed moratorium.

Mayor Freitas requested those residents in attendance this evening stand. He informed the residents that their emails were received and read.

Archie Gore, Vice President of the Vista Diablo Homeowners Association thanked the City Attorney for the staff report. He noted residents moved into this park to live in a safe and quiet senior facility and the management group is continuing to promote the park as a senior facility. He reported park ownership has a similar history at their other properties of raising rents, forcing people out of their homes and threatening conversion. He suggested a proposed amendment to the penal code section on elderly abuse that speaks to financial harm and loss of private property. He stated he would focus his efforts to lobby the state and federal government for changes in the legislature to address these issues.

Allen Ives, spoke in support of the moratorium and urged the City Council to take action to bring resolution as quickly as possible. He stated they would like to live in peace and discussed the need for more lower cost senior housing.

Councilmember Simonsen expressed disappointment there was no representative from Sierra Corporate Management in attendance this evening. He encouraged Mr. Gore to lobby Senator Torlakson and Assemblymember DeSaulnier with his suggested amendments and noted there were local organizations offering legal services. He stated he would be supporting the urgency ordinance and stated he would be requesting this issue be placed on the agenda for the June meeting of the League of California Housing Community Economic Development meeting.

Councilmember Moore stated he believes in corporate responsibility and he would support the urgency ordinance.

Mayor Freitas commended the action committee for their diligence and patience with these issues. He expressed concern the residents are dealing with financial uncertainty and noted he feels it is the obligation of the City Council, staff and the community to assist the residents as much as possible. He noted Assemblymember DeSaulnier has a bill holding for whatever request the City of Antioch has regarding this issue and he along with Senator Torlakson were very concerned about this situation. He stated he was hopeful the ordinance will pass and the owners would be able to negotiate in good faith, however if there was no agreement in 45-60 days with what was outlined in January, he would bring back a rent ordinance. Speaking to the agreement (exhibit A), he noted the intent was to have the rent decrease for a two year period, commencing at the time the agreement was signed: He also requested striking “or at the very least, capped at 5% or CPI (Bay Area) whichever was higher.” Additionally, he clarified the fence should be been constructed of masonry. He requested City Attorney Nerland write up the agreement with the changes discussed and send it to the ownership with a date certain to have it return signed.

Councilmember Kalinowski requested staff work with the Homeowners Association to ensure they have appropriate contacts moving forward and voiced his support for the urgency ordinance.

Councilmember Davis expressed concern regarding the actions of the Management Company and their mistreatment of the senior residents in this Mobile Home Park. He voiced his support for the ordinance.

Ordinance No. 1092-C-S

On motion by Councilmember Davis, seconded by Councilmember Moore the City Council unanimously 1) Approved by motion the reading of the ordinance by title only; 2) Adopted an urgency ordinance placing a moratorium on the conversion of any mobile home park currently existing in the City from a senior designated park to an all-age park.

Mayor Freitas declared a recess at 8:32 P.M. The meeting reconvened at 8:47 P.M. with all Councilmembers present.
2007-05-22 – Antioch City Council Meeting

Rent Control Ordinance; Moratorium on Conversion from a Senior Park; Zoning Ordinance Regarding Senior-Only Parks #802-01

City Attorney Nerland presented the staff report dated June 21, 2007, recommending the City Council consideration of the following items: 1) Agreement with the Owners of Vista Diablo Mobile Home Park (Exhibit A); 2) Direction to staff regarding a Mobile Home Rent Control Ordinance; 3) Extension of an Interim Urgency Ordinance Placing a Moratorium on the Conversion of any Mobile Home Park Currently Existing in the City from a Senior Park to an All-Age Park: a. Receive report regarding the moratorium (Exhibit B): 2b. Approve by motion the reading of the ordinance by title only: c. Extend the urgency ordinance placing a moratorium on the conversion of any mobile home park currently existing in the City from a senior designated park to an all-age park (4/5ths vote required) (Exhibit C); and/or 4) Direction to staff to proceed with a Senior Housing Overlay Zoning Ordinance or a Ordinance Requiring Discretionary Approval to Convert a Senior-Only Mobile Home Park to an All-Age Park.

Mayor Freitas opened the public hearing.

Lola Buck, President of the Vista Diablo Estates, reported a vote had been taken at the homeowner’s association meeting where the residents agreed unanimously to request the City Council approve the recommended actions this evening.

Archie Gore stated he was supporting the continued efforts to get the agreement signed. He noted he felt a long-term solution would be strict state legislation and requested the City Council’s assistance in accelerating the legislative process.

Al Ives stated he was in agreement with Ms. Buck and Mr. Gore’s previous comments.

With no further speakers, Mayor Freitas closed the Public Hearing.

Councilmember Simonsen reported he had discussed the agreement with Mr. Arrigotti, representing Sierra Corporate Management, who indicated the owners and investors would be acceptable to the terms of the agreement with the exception of the adjustable CPI. He questioned whether or not the residents of Vista Diablo Estates agree to the change, and were told they would.

Mayor Freitas gave a brief history of the previous events surrounding the item and expressed his concern regarding the business practices of the management company as they dealt with the elderly. He reported the current agreement had been negotiated in good faith with the owners and he was concerned as to why they would now want to change the terms and conditions contained within a mutually agreed upon document. He recommended the City Council approve the agreement as presented, adding they (the residents) had until July 16, 2007 to sign the agreement. Assuming the residents did not sign the agreement, he suggested the City Council approve the recommended action this evening. He agreed with Mr. Gore a statewide resolution to these issues was desperately needed.

Mr. Gore stated he was in complete agreement with Mayor Freitas.

Councilmember Kalinowski agreed with Mayor Freitas and requested the City Council adjourn to Closed Session to discuss the information Mr. Simonsen received from Mr. Arrigotti.
2007-06-26 – Antioch City Council Meeting

City Attorney Nerland presented the staff report dated August 14, 2007 recommending the City Council: A) Provide direction on the Mobile Home Rent Stabilization Ordinance (Attachment A of the staff report); B) If the ordinance was in final form and the City Council was prepared to act on it, the recommendation was: i) Introduce ordinance by title only; and ii) Introduce the Mobile Home Rent Stabilization Ordinance; C) Provide direction to staff regarding related fiscal matters including staffing, current Agency subsidy, fees (administrative fee, hearing fee, mediation fee) to be brought back in a resolution amending the Master Fee Schedule if applicable.

Archie Gore, representing the Vista Diablo Homeowners, commended City Attorney Nerland for her summarization of the matter before the City Council. He spoke to the management of the park, i.e. harassing residents through noticing, etc. He recommended the City Council continue the item to allow the residents to review the proposed ordinance and return to the City Council with a recommendation.

Lola Buck, President of the Vista Diablo Homeowners Association, thanked City Attorney Nerland and staff for the summary provided in the staff report. She updated the City Council on recent sales of the mobile homes within the park, as well as the rent amounts being charged, and quoted by park management. She requested Council consideration of the rent control ordinance and voiced her support to hold the item over to September 11, 2007 to allow dialog with the City regarding the details of the ordinance.

Councilmember Simonsen requested staff provide information as to the year and square footage of the mobile homes sold.

Donna Harpham expressed her concern regarding the continuation of negotiations with the management company and park ownership, both of whom had shown no regard for the residents. She urged the City Council to protect the residents.

Councilmember Simonsen responded, while he agreed the rents are extreme, he was concerned the City could waste taxpayer’s dollars on an ordinance that was not legally defendable, which could well result in litigation. Additionally, he noted the rent control ordinance would not protect those residents who were in existing long-term leases. He provided the City Council with a copy of AB1111, which dealt with mobile home issues, and reported the League of California Cities Housing Community Economic Development had decided to create a special task force to further examine mobile home policy.

Councilmember Kalinowski commended Councilmember Simonsen for his work on the League of California Cities in furthering the issues, however, he noted the history of the legislative process indicated the State would not be dealing with the issue in the near future and in the short term he felt a rent control ordinance was necessary.

Willie Mims, representing the Black Political Association, stated he was in agreement with the staff report and the residents of Vista Diablo Mobile Home Park.

Mayor Freitas expressed his frustration with the management company’s failure to sign the agreement, which had been negotiated and agreed upon by all parties. He further noted it was important the City have the most legally defensible rent control ordinance.

Following further discussion, Council consensus was to direct the action committee to continue discussions between the action committee and City staff to go over the details of the rent control ordinance. Following the action, the City Council would hold a Study Session on September 18, 2007 at 6:00 P.M. to discuss the issue and bring back formal action for the City Council.

In response to City Manager Jakel, the City Council agreed to hold the Study Session in an alternate location and if needed consult with outside assistance regarding the legal issues.

Mr. Gore suggested the City research other rent control ordinances, as well as the legal history pertaining to the same. He requested advanced notice of the rent control ordinance the City would be considering.

The residents in attendance indicated their support of the direction provided to staff by the City Council during the meeting.

Mayor Freitas declared a recess at 9:31 P.M. The meeting reconvened at 9:41 P.M. with all Councilmembers present.
2007-08-14 – Antioch City Council Meeting

Letters were sent 11/30/16 to lower income residents of Vista Diablo who are receiving the City’s rental subsidy. The letter informs them, for the second time, of the end of the rent subsidy on September 30, 2017. It also includes a list of all subsidized affordable senior housing, as well as information about 211 and the upcoming Tabora Gardens Project.
2016-12-02 – Mobile Home Rent Subsidy (Page 11)

In Mar 2017, residents of Vista Diablo Mobile Estates located at 2901 Somersville Road, Antioch, California 94509, were given written notification by Sierra Corporate Management (SCM) of an upcoming mobile home park inspection by Contra Costa County which was allegedly triggered by HCD complaints.

The notification from SCM opens with the following…

RE: County Inspections – Very Important!!!
Please Read All!!! Do Not Ignore!!!

Please CLEAN your spaces THOROUGHLY ASAP – OR – YOU WILL
RISK BEING FINED! $$$

Coming Soon: The County of Contra Costa will be conducting site
inspections and any and ALL violations found will be cited and YOU,
the Resident, WILL BE FINED if found in violation.

The residents of Vista Diablo have a growing GSMOL Chapter 1461 and are a sharp group of folks, they immediately questioned the Park Manager about the notification. The GSMOL Chapter President performed due diligence and contacted both the Contra Costa County Housing Department and the HCD. Neither agency had any knowledge of an upcoming inspection of the mobile home park.

The GSMOL Chapter President’s News Bulletin reads…

Date: March 31, 2017

The park manager was instructed by Sierra Corporate Management to send out notices to the homeowners that Contra Costa County would be making an inspection of the homes in Vista Diablo Mobile Estates. The inspection was coached in terms of California Department of Housing and Community Development being given complaints. No date for the inspection was given but did say that fines for non-compliance would be enforced.

I spoke to the park manager about the source of the notice. She explained that she was notified by Sierra Corporate Management by a copy of the relevant HCD law and of the Notice of County Inspection. She did not seem to know of any details but said she was checking.

Most people who are familiar with local governments know that the county and local cities are very separate. The incorporated areas like the City of Antioch provide services to its community members and residents. Contra Costa County provides services to its community members and residents in the unincorporated areas. Only in a few incidents such as public health do they overlap. HOUSING INSPECTION IN OUR AREA IS NOT ONE OF THEM.

I called the Contra Costa County housing inspection department to find out if indeed it was planning to do an inspection of Vista Diablo. I was directed to Mr. Tom Brooks, the housing inspector, I believe, that covers the East county area. He said he had no knowledge of a proposed county inspection of our park. He added that such an inspection would be done by the City of Antioch staff—not the county.

I called and spoke with Mr. Michael Bartlett, Inspector for the California Department of Housing and Community Development. Vista Diablo is in his area of jurisdiction and I had met him before and had an extensive talk about what he and his agency did. When asked about an inspection of our park triggered by the HCD, he said he had no knowledge of such an inspection. Further, he said that Contra Costa County recently gave up jurisdiction over all its mobile home parks to the HCD.

It is very clear that the threat of a County Inspection of Vista Diablo is a scare harassment tactic by Sierra Corporate Management.

NOTE: This does NOT absolve your responsibility for complying with the Park Rules & Regulations.

Vista Diablo Mobile Estates County Inspection
File Type: PDF, Pages: 1, Size: 597KB

GSMOL Chapter 1461 President’s News Bulletin
File Type: PDF, Pages: 1, Size: 448KB