al Meeting Agenda REVIEW BOARD RENT VENTURA COUNTY...

PUBLIC HEARING NOTICEVENTURA COUNTY MOBILE HOME PARK

RENT REVIEW BOARDMeeting Agenda

Wednesday, May 23, 20'12 al l:OO p.m.

All interested persons are invited to attend and be heard at a public hearing to be heldby the Ventura County Mobile Home Park Rent Review Board at the date and timenoted above at the Ventura County Government Center, Hall of Administration, 800 S.Victoria Avenue, Ventura, CA 93009, Third Floor, Multipurpose Room.

Consideration will be given only as noted to the following:

1. Call to Order

Approval of MinutesFebruary 22, 2012 Meeting

Public Comment regarding concerns within the authority of theCounty Rent Control OrdinanceThis time is set aside for public comment on items not otherwise on theAgenda, but within the purview of the board; comment on all other itemswill be taken in the order shown on the agenda.

4. Consider Staff Report and Recommendations and take appropriateaction for the Service Reduction Petition (Country Sunshine MobileHome Park)Staff presentationPublic CommentClose Public HearingBoard Deliberation

Comments from Staff

Gomments from Rent Review Board Members

Meeting Adiournment

Next meeting date: Wednesday, August 22, 2012, 1:00 p.m., at the Ventura CountyGovernment Center, Hall of Administration, 800 S. Victoria Avenue, Ventura, CA 93009, ThirdFloor, Multipurpose Room.

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE INTHIS MEETING, PLEASE CONTACT FRANCA ROSENGREN, AT 805-654-2045. REASONABLE ADVANCE NOTIFICATION OF

THE NEED FOR ACCOMMODATION PRIOR TO THE MEETING (4S HOURS ADVANCE NOTICE PREFERRED) WILL ENABLE US

TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

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VENTURA COUNTY MOBIN.E HOMH PARKRENT REVIEW EOARD

Meeting MinutesFebruary 22, 2'012

Board Members Present: Stephen Mitnick, Vice ChairEdward BuckleAnthony Strauss

County Staff Present Franca Rosengren, Planning DivisionTricia Maier, Planning DivisionKim Prillhart, Planning DirectorJeffrey Barnes, County Counsel

P.M. H TO ORDERby Mr. Mitnick, Vice-Chair

FLAG SALUTE

LOFN 11 MINUTESBoard approved minutes as read

MENTSMs. Betty Pitman explained that a resident of a mobile home park washaving difficulty selling his mobile home which has been on tl'le market forabout a year and a half. Ms. Pitman stated that the owner of the parkoffered to buy the mobile home from the resident - the park owners canget double the rent for units that are parl<-owned sinc;e they are no lortgerunder rent control. Ms. Pitman expressed that the park owners have totalcontrol over whether or not a resident can sell their rnobile home and shebelieves that some park owners have treated residents unfairly in regardsto the sale of their mobile home. She suggested that the Mobile l-lomeResidency Law be amended. Ms. Fitman asked for assistance from theBoard regarding this matter. The tsoard asked if there is a potentialdiscrimination issue here and inquired wl'rether Coumty staff has receivedany complaints from residents regarding discrimination while attempting tosell their units.

Franca Rosengren commented that she has received emailcor!'espondence from a few residents that expressed concern over tlrenumber of mobile homes that are being purchased by the park owners,but that she has not received a complaint specifically ahrout discrímination.Tricia Maier added that the County's Rent Courtrol Ondinance does not

address the issue of a park owner'S attitude when a prospective buyerinquires about a mobile home for sale. The Board advised FrancaRosengren to research further when the next complaint is received to

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determine whether there is an actual discrimination issue. The tsoardsuggested Ms. Pitman advise residents to contact the Rent Review tsr:¡ard

staff to make a complaint regarding discnimination and to explain to theresidents that they may have individual rights that they could pursue andmay want to seek legal counsel since impeding someone's ability to selltheir property carries its own consequence.

Mr. Steve Offerrnan presented litigation and legislative updates related tomobile home park suhdivisions.

MHRRB CONSIDERED TI-{E FOLLOWING ACTIONS

5. ELECTION OF OFFICERSMotion by Mr. Buckle to nominate Mr. Mitnick as Chairman and Mr.

Strauss as Vice Chainman of the Mobile Home Park Rent Review BoardMr. Strauss seconded the motion.

6. CONFLICT OF INTEREST CODE FOR TI-IE VENTURA UNTYBILE HOM BOARD col

Jeffrey Barnes of the County Counsel's Office presented a nevised draftConflict of lnterest Code for the RRB to approve and forward to theVentura County Board of Supervisors for adoption. Motion by Mr. Straussto adopt the Conflict of lnterest Code as redrafted. Seconded by Mr.

Buckle.

Franca Rosengren advised the Board that the next step in the process is

to present the Conflict of lnterest Code to the Board of Supervisors forreview and approval. Chair Mitnick asked County Counsel who the Boardwould need to contact if there is a potential conflict of interest with aprospective client during the interim of the Board of Supervisors' adoptingthe new Conflict of lnterest Code. County Counsel suggestecl that theBoard disclose the infor:mation on the Form 700 and recuse thernselves ifa case is to be heard before the Board that involves the prospective client.Additionally, County Counsel advised the Board that when they completethe Form 700s, due this April, that they ane to apply the new Conflict oflnterest Code.

7. COMMENTS BY STAFFKim Prillhart, the Ventura County Planning Director, introduced herself tothe Board. Franca Rosengren reported that staff received a ServiceReduction application from the residents of the Country Sunshine MobileHome Park focated at 3735 Dufau Road, Oxnard, CA. The horneowners'allege in their Petition that there are water quality/pressure issues, septicand drainage problems, the park is not being maintained, and there are afew overgrown trees that pose a hazard to mobile horne park units. FrancaRosengren stated that staff has accepted the Petition and mailed out a

letter to the property owner advising her of the issues arrd the mediationp.rocess. The Service Reduction Petition is anticipated to go before theBoard at the next meeting on l{iay 23,2012.

7. MEETING ADJOURNMENTThe meeting was adjourned at 1:30 p.m. The next meeting will be held on

Wednesday, May 23, 2012 at 1:00 p.m. at the Ventura CountyGovernment Center, Hall of Administration, 800 S. Victoria Avenue,Ventura, CA 93009, Third Floor, Multipurpose Room.

VENTURA COUNTY MOBILE HOME PARK RENT REVIEW BOARDSTAFF REPORT AND RECOMMENDATIONS

AGENDA OF MAY 23,2012

PETITIONERS: PROPERTY OWNER:

SUBJEGT:

A Service Reduction Petition (Exhibit 1) has been filed by the four homeowners("residents") of the Country Sunshine Mobile Home Park ("park")' located at 3735

Dufau Road, Oxnard, CA 93033' (MH12-( 006).

Jose Luis Ayala3735 Dufau Road, Unit 8Oxnard, CA 93033

Esterina Tuason60í Alameda Padre SerraSanta Barbara, CA 93103

Jose Juarez3735 Dufau Road, Unit 4Oxnard, CA 93033

Alberto Romero3735 Dufau Road, Unit 2Oxnard, CA 93033

Dario Melchor3735 Dufau Road, Unit 6Oxnard, CA 93033

REQUEST:

A Se¡vice Reduction Petition has been filed by the residents of the park located at3735 Dufau Road, Oxnard, CA 93033, for the following issues:

1) Power outages and unsafe electrical connections;

2) lnsufficient trash receptacles for the mobile home park; and

3) Overgrown trees with branches located directly above mobile home units,posing a potential hazard.

The following additional issues were identified by County staff at the site inspection

I Originally, A-1 Trailer Court; recently Sunshine or Country Sunshine Mobile Home Park; and

also referred to as Rancho Homes.

' There are a total of eight spaces in the mobile home park. Four of these are park-owned units and,

thus, do not fall under the jurisdiction of the RRB.

Ventura County Mobile Home Park Rent Review BoardStaff Report for Country Sunshine Mobile Home ParkHearing on May 23,2012Page 2 of 15

conducted on January 17,2012:

1) Gray water leaking on to property and standing water;

2) lmproper drainage of septic systems;

3) Property line fence in disrepair and unstable;

4) Lack of overall maintenance of the park, such as: cracked and raisedpavement causing flooding problems and the mobile home park's

information board in disrepair and falling apart;

5) Unhealthy water quality; and,

6) Limited water pressure.

BAGKGROUND:

Park Rent lncreases

On October 23, 2003, staff to the Ventura County Mobile Home Park RentReview Board ("RRB") approved a Section 6(b) ministerial rent increaseapplication for the park. The approval letter advised the property owner (EsterinaTuason) that she had inappropriately raised the space rent for the four spacesunder rent control, ordered reimbursements for the illegal over collections, andprovided her with a revised rent schedule (Exhibit 2).

On December 15,2006, Ms. Tuason submitted an applicationfora Section 6(b)ministerial rent increase for the park. The application was subsequently deemedincomplete due to missing required information needed to process theapplication. Staff to the RRB determined that the proposed rent schedule wasthe exact same rent schedule that was deemed inappropriate in 2003 for illegal

over collections of rent. The 2006 Section 6(b) ministerial rent increaseapplication for a 4.4Vo rent increase for the four spaces under rent control wasdenied based on the fact that Ms. Tuason had been over collecting rent since2003.

Subsequently, a criminal complaint against Ms. Tuason was sent to the DistrictAttorney's Office by the Planning Division for the illegal over collection of rent.

The filing of the criminal complaint was considered incomplete by the DistrictAttorney's Office and was put on hold until more information was collected for thecase. Due to lack of available staff time to pursue the criminal complaint, thecase was placed on hold indefinitely.

Based on the information contained in the 2003 and 2006 Section 6(b) ministerialrent increase applications and from a copy of the receipts recently collected from

Ventura County Mobile Home Park Rent Review Board

Staff Report for Country Sunshine Mobile Home Park

Hearing on May 23,2012Page 3 of 15

the residents of the four spaces under rent control, staff is of the op¡nion that Ms.

Tuason has knowingly continued to over collect space rents since 2003. Please

note that this information is provided as historical background only. A decision

from the RRB on this specific matter is not before the RRB.

Enforcement by Other Agencies

Based on a citizen complaint to the State of California Housing and Community

Development Department ('HCD") for alleged violations of Title 25, HCD

inspectors conducted a site inspection of the park and issued a Notice of lntent to

Suspend Permit to Operate on March 3,2010, to Ms. Tuason for the following

violations of Title 25, California Code of Regulations: (1) the electrical service

equiprnent was in disrepair and substandard condition and/or not weather proof;

(2) electrical equipment was exposed or had easily accessible live electricalparts, and missing face plates; and, (3) for the accumulation of refuse, rubbish,

garbage, lumber SCrapS, waste paper, hay, grass, straw, weeds, litter and other

combustible waste from overflowing dumpsters.

After no progress on abatement of the noted violations, on April 12,2010, HCD

issued a Notice of Suspension to Operate to Ms. Tuason, until all violations were

corrected. On May 18,2010, HCD issued a Notice for Reinstatement of Permit

to Operate to Ms. Tuason due to Ms. Tuason's willingness to comply with theprovisions of the Notice of lntent to Suspend'

On January 30, 2009, the California Department of Public Heath ('CDPH")

conducted a site visit of the subject property based on complaints received by the

residents of the park. The complaints included high chlorine residuals, no

chlorine residuals at times and several water outages. Since 2009, Ms: Tuason

has not made the necessary improvements to the water system in order toprovide the residents with potable drinking water. A few citations have been

issued to Ms. Tuason by the CDPH for the reasons mentioned above.

Additionally, the CDPH advised Ms. Tuason on October 31 ,2011 and November

28,2011, that she failed to pay the water operating and enforcement fees for the

fiscal years of 2005-2006, 2006-2007, 2007-2008, 2008-2009, 2009-2010, and

2010-2011. The total'outstanding fees owed to the CDPH are over $3,000,00.

ln addition to the issues noted above, the Ventura County Code Compliance

Division has recorded a Certificate of Civil Administrative Penalty Lien for

$925.00 per day, starting on June 28, 2008, against the subject property forviolations of the Non-Coastal Zoning Ordinance and the Ventura County Building

Code (Exhibit 14). Additionally, a Civil Administrative Penalties Lien for $1 ,125.00a day, starting on November 26,2A07, has been recorded against another property

ownéd by Ms. Tuason, located at 3705 Dufqu Road (immediately adjacent to the


park property) by the Ventura County Code Compliance Division (Exhibit 15). Shehas been cited for the following violations of the Ventura County Non-CoastalZoning Ordinance and the Ventura County Building Code: (1) excessive number ofanimals; (2) dwelling in a garage; (3) dwelling in structures not permitted as adwelling; (4) excessive open storage not allowed (in setbacks); (5) constructionwithout permits; and, (6) lack of two car covered parking for the dwelling. At thistime, the Ventura County Code Compliance Division is working with the DistrictAttorney to prepare a court case against the property owner for the unresolvedviolations.

Complaints to the Planning Division by Park Residents

ln early November 2011, a few residents of the park contacted FrancaRosengren, staff to the RRB, to inform her that the property owner of the parkserved them with notice of a 15% rent increase, effective January 3,2012. OnNovember 15, 2011, the Planning Division sent a letter to the property ownerinforming her that she would need the approval of the RRB prior to increasing therent of the residents by 15% (Exhibit 3). To date Planning staff has not beencontacted by the property owner regarding this matter.

On December 19, 2011, staff contacted Amy Maday of CDPH to check on thestatus of the water quality and water pressure of the existing on-site water well.She explained that the property owner has not completed any of therequirements pertaining to water quality and pressure which have been outlinedin several citations issued to her over the last three years (Exhibit 4). Ms. Madayhas been to the site several times and noted that none of the samples came back"positive" which means that there is not an acute health risk with the water;however, the property owner is still not in compliance with the State'srequirements. Ms. Maday advised the residents that they should boil the waterbefore drinking it.

On January 3,2012, Jose Ayala and Dario Melchor, two residents of the mobilehome park, met with Tricia Maier and Franca Rosengren ("staff") to discuss theon-going problems within the park. They explained that for about three monthsthere have been electrical issues in that power fluctuates in the lateafternoon/evening. They have to connect extension cords from the mobile hometo the main electrical box outside the mobile home to maintain consistent powerto their refrigerators, ovens, etc. At times, they do not have any electricity to theirunits. They have spoken to the on-site manager of the park about the problemon numerous occasions; however, the issue has yet to be resolved.

These residents have also experienced problems with the quality and pressure ofthe on-site water well. As mentioned, above, they have been advised by CDPH


to boil any water before drinking it. They state that they are worried enough

about the water that they won't drink it at all and do not allow their children to

drink it. They noted that at times they have no water pressure, especially in theearly evening when all of the tenants are occupying their units in the park.

The residents were advised that based on these complaints they had the right tofile a Service Reduction Petition for review by the RRB. Staff reviewed with them

the requ¡rements of the Ventura County Mobile Home Park Rent Control

Ordinance ("Ordinahce") and the limitations of such a request, including therequirement for mobilehome owners' signatures and mediation with the property

owner.

At this meeting, these residents also requested input on whether to pay theincreased space rent requested by the park owRer, Mrs. Tuason, due to go into

effect on January 3, 2012. Staff advised the residents that, pursuant to theapplicable provisions of the Ordinance, the property owner could not raise therent unless it was approved by Planning staff through a standard Section 6 Rent

lncrease Request or by the RRB after the owner submits a discretionary rent

increase application. Staff told these residents that no such request orapplication had been submitted by the property owner.

Petition for Service Reduction Rent Adiustment

On January 6,2012, Jose Ayala submitted a forrnal petition under section 6 ofthe Ordinance to staff signed by the four remaining mobile home park owners at

Country Sunshine Mobile Home Park requesting a service reduction.

On January 17,2012, Tricia Maier and Franca Rosengren (staff to the RRB) withRita Vrtis and Sam Duggan (staff from the Ventura County Code ComplianceDivision) conducted a site inspection of the park to verify the alleged reduction in

significant houses services related to water quality and pressure, electricity, andmaintenance and repair of the park. Tricia Maier translated the conversationsshe had with Mr. Ayala of Unit No. 8 and with Jose Juarez of Unit No. 4 to theother staff. Mr. Melchor was unable to meet with staff due to a familyemergency.

The site inspection revealed the following service issues: (1) water leaking froma washing machine located on the neighboring property onto the park property(gray water); (2) unsafe electrical connections and wirings to Unit No. 8 - the useof extension cords to the trailer from the main electrical box; (3) drainage fromneighboring trailer's septic tank leaking into the backyard of Unit No. B (when it

rains, the residents alleged that there is excrement that comes out of the drain);(4) the mobile home property line fence on Dufau Road in an unstable state and

in disrepair; (5) overgrown trees located over the trailer on Unit No. 8 constituting

Ventura County Mobile Home Park Rent Review BoardStatf Report for Country Sunshine Mobile Home Park


a potentialhazard to the structure and nearby electrical pole and wires; and (6)

cracked and ralsed pavement throughor t the park, causing flooding problems

and a potential hazard.

(Although the above-stated list reflects a reduction of housing services related to

ienters of mobile homes and/or trailers, staff observed other potential Health and

Safety Code violations related to units that are owned by the property owner of

the párk, such as: a new water heater installed on the exterior of a former travel

trailer without the required covering; and, illegal additions to trailers. These are

issues that fall under the purview of HCD.)

On February 14,2012, staff sent a certified letter to Ms. Tuason advising her that a

service reduction petition had been submitted to the County by a majority of the

residents of the park and asking her to respond to the letter by February 28,2012,so that staff could set a time for mediation of the above-noted issues (Exhibit 5), as

required by the Ordinance. To date, staff has not been contacted by the park owner

regarding ihe Service Reduction Petition and therefore, she has been deemed to

ha-ve refused to participate in the mediation process. Additionally, the on-site

manager of the park has not responded to or followed-up on any requests made by

the tenants of the Park.

SERVIGE REDUGTION PROGEDURES:

Resolution No. RRB 97-2873. of the Ventura County Mobile Home Park Rent

Review Board establishes administrative rules governing service reduction

procedures for Section 6(f) of the Ordinance. Pursuant to Section 6 (f), an

unauthorized rent increase may occur when significant housing services are

permanently reduced or disrupted for an unreasonable length of time without a

corresponding reduction in the dollar amount of the space rent.

Pursuant to the Ordinance, housing services are defined as "Services provided by

the park owner related to the use or occupancy of a mobile dwelling unit space,

including, but not límited to, water and sewer, natural gas, electricity, refuse

remova[ management and administration (including employee salaries and fringe

benefits), mainienance and repairs, supplies, advertising, recreational facilities,

laundry facilities, parking, security services, insurance, property taxes, othergovernmental assessments, and other costs reasonably attributable to the

õperation of the park." (Ordinance, $ 2 [definitions].) The term "housing services"

does not include legal fees or mortgage payments, whether for principal, interest or

both. (|d., $ 2.)

Before any service reduction may be granted, the RRB must determine whether the

following findings can be met (Exhibit 16):

3 Last revised on November 18, 1997

Ventura County Mobile Home Park Rent Review Board

Staff Reporl for Country Sunshine Mobile Home Park


(1)(2)(3)

ls the serv¡ce a housing service?ls the seruice a significant housing service?Has the service been significantly, permanently reduced or disrupted for an

unreasonable length of time?

Additionally, the following factors are to be considered in making a finding:

(1) Normal wear and tear of the common area facilities and/or the mobile home

space does not const¡tute a service reduction;(2\ Any reduction which results in a cost savings to the park owner;

(3) The affected area;(4) The length of time;(5) The degree of discomfort;(Ol The extent. to which the reduction causes the rental unit(s) to be

uninhabitable;(7) The extent to which the reduction causes a material reduction in the usability

of the park; and,(8) Other factors deemed relevant.

OF CES AN IS

The Se¡vice Reduction Petition includes the following items:

(1)Petitioners indicate that for about three months there have been electricalissues in that power fluctuates in the late afternoon/evening. At times,

they do not have any electricity to the trailer. They have talked to themanager of the mobile home park about the problem on numerousoccasions; however, the issue has yet to be resolved. Petitioners indicate

that they have to use extension cords from their mobile homes to the main

electrical box outside each unit to maintain consistent power to theirrefrigerators, ovens, etc. (Exhibit 6).

On February 14,2012, staff mailed a notice to Ms. Tuason advising her ofthe Service Reduction Petition and the alleged issues within the park,

including this one (Exhibit 5). To date, Ms. Tuason has not responded tothis notice.

Staff Analysis: Staff is of the opinion that the power outages in the residents'

mobile home units constitute a significant and ongoing housing services

reduction. Staff did not observe an electrical power outage; however, staff

observed several extension cords hooked up to the main electrical meter

and is of the opinion that this is due to power outages as there is no other

Ventura County Mobile Home Park Rent Review BoardStaff Report for Country Sunshine Mobile Home ParkHearing on May 23,2012Page B of 15

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recyclable material on-site for the residentseight residential mobile homes. lt appears

reasonable reason for such connections. Staff inspected Unit 8 and noticed

that the electrical appliances in the mobile home consisted of a television,microwave, and electric stove. All of these appliances are considered part ofa typical home and would not use an inordinate amount of electricity.According to the Petition, this problem has been ongoing for at least threemonths and affects all of the residents of the park. Staff is of the opinion thatthis issue does not cause the rental unit(s) to be uninhabitable; however, it isan inconvenience to the residents of the park and a reduction in normal,

customary services provided to others and these park residents at one time.Because the property owner has not properly maintained the electricalsystem of the park, staff is of the opinion that the property owner has profited

from not making these fixes while still collecting the same amount of rentfrom each resident. Staff has insufficient information at this time to quantifythe amount of such profit.

lnsuffieient trash for the mohile nark - Petitioners indicatehomethat they are missing a trash dumpster for the park. On January 17,2012, asite inspection revealed that there was one refuse bin and one bin forrecyclable material. Petitioners indicate that since October 1998 they have

been charged a $1O/month fee for trash service but the additional trashdumpster has not been provided and they believe that one refuse bin is

insufficient for the eight unit park.

Staff lvsis: Staff observed that there was one refuse bin and one bin forof the park. The park containsthat the refuse and recyclables

bins on-site are adequate for this size of park. Staff did not observe an over-flow or a potential safeÇ hazard related to the on-site refuse and recyclablesbins; however, the Housing and Community Development Department citedMs. Tuason on April 3, 2012, for rubbish scattered throughout the park inviolation of Title 25, California Code of Regulations, Section 1120 (Exhibit

13). An order to correct the violation within 30 days was issued to Ms.

Tuason.

ln respect to the $1O/month fee for the additional refuse bin, staff was unableto locate a utility separation application approved by the RRB for this

service. Therefore, it appears that the property owner has been

overcharging the residents for this service. Staff is of the opinion that theproperty owner has profited from charging the additional $10/month fee per

residence for trash service while not providing an additional refuse bin.

Additionally, the property owner is in violation of Section 6(e) of theOrdinance for not receiving approval from the RRB for a utility separation

application prior to it becoming effective. The property owner has

inappropriately collected the incorrect rent amounts by adding the

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$1Q/month refuse serv¡ce fee to the base rent. As the increase was notjustified or authorized by the Ordinance, staff recommends that the RRB

direct staff to schedule a separate public hearing before the RRB toestablish the amount of the rent reduction for each resident'

Overorown trees with nches located directlv above mobile home un its.

posinq a potential hazard - Petitioners indicate that the trees in the park are

overgrown and that they have the potential to cause damage and harm to

Units 4 and 8. A petitioner explained that for the last three years he has

asked the property owner to trim the trees but she has not responded to his

request. On January 17,2012, a site inspection by County staff revealed

that the overgrown tree located adjacent to Unit I is a potential physical and

fire hazard to the mobile home and nearby electrical pole and wires (Exhibit

7). An official complaint was filed with HCD by staff on January 23,2012.HCD inspectors subsequently cited Ms. Tuason for overgrown trees w¡th

branches that may cause physical damage to overhead electrical

conductors, in violation of Title 25, California Code of Regulations, Section

1134(b).

Staff Analysis: Staff is of the opinion that the lack of maintenance of theproperty does not constitute a significant housing seruice reduction for all

residents; however, when combined with all of the other housing issues

referenced in this staff report, the curnulative impact of all of these

reductions could be considered a reduction in significant housing services.

Pursuant to the 2012\{lobile Home Residency Law, Civil Code 5798.37.5,trees in a mobile home park are the sole responsibility of park managementincluding any needed trimming, pruning, or removal of any tree and all costs

thereof. According to the Petitioners, they have notified the park manager ofthis issue with no response. On February 14,2012, staff mailed a notice to

Ms. Tuason advising her of the Service Reduction Petition and the allegedissues within the park, including these trees. (Exhibit 5.) To date, Ms.

Tuason has not responded to this notice. Staff is of the opinion that theproperty owner has profited from not having properly maintained these trees,

by collecting rent from each resident without corresponding reductions.

The following items were not included in the Service Reduction Petition;however, these issues were observed by staff at a site inspection conductedon ..fanuary 17,2012, which are considered health and safety issues:

(1) Unhealthv water quality - Petitioners indicate that the on-site water system

does not provide safe water to drink. A citation from the State of CaliforniaDepaÉment of Public Heath ("CDPH"), dated September 2008, directed Ms.

Tuason to provide treatment for iron and manganese removal and to hire an

engineer to design a treatment removal system. On several occasions,

CDPH has had discussions with, researched and forwarded potential

Ventura County Mobile Home Park Rent Review BoardStatf Report for Country Sunshine Mobile Home ParkHearing on May 23,2012Page 10 of 15

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treatment information to Ms. Tuason about designing and installingtreatment to resolve the iron and manganese issue. The deadline forapproval of this water system was January 1, 2009. Subsequently, a citationwas issued in February 2009 requiring Ms. Tuason to provide a plan for iron

and manganese treatment for Well 1. The Sanitary Suruey in September2011 required Ms. Tuason to submit treatment plans for Well 1 for the watersystem by October31,2011. According to CDPH, to date, a plan has notbeen submitted. Therefore, staff is of the opinion that Ms. Tuason is notcurrently providing reliable drinking water to the residents of the park. CDPHissued a Boil Water Order on June 18, 2009 that notified residents that thewater is not safe to drink until more data is collected (Exhibit 4).

On February 14,2012 County staff mailed a notice to Ms. Tuason advisingher of the Service Reduction Petition and the alleged issues within the park,

including this one. (Exhibit 5.) To date, Ms. Tuason has not responded tothis notice.

Staff Analvsis: Staff is of the opinion that the water quality issue constitutesa significant reduction in housing services. Since 2008, the property ownerhas been made aware that the quality of the on-site water system is notreliable in providing safe drinking water. The affected area of this issueincludes all residents (non-homeowners as well as the petitioning residents).Staff is of the opinion that the water quality issue causes the rental unit(s) tobe uninhabitable since there is no reliable potable water available to theresidents. Since the property owner has not performed the necessary tests,upgraded the water system, or properly maintained the water system, staff isof the opinion that the property owner has profited from not fixing the watersystem while continuing to collect rent without any corresponding reductionfrom each resident.

Limited water pressure - Petitioners indicated that there are regular wateroutages lasting hours and/or days. ln a letter from CDPH to Ms. Tuason,dated February 17,2009, CDPH informed Ms. Tuason that CDPH receivedcomplaints regarding the distribution pressure of the water system of thepark. They conducted a site inspection on January 30, 2009, and found thatthe pressure ranged between 40 to 60 pounds per square inch ("psi"). At all

times, the minimum operating pressure in the water main at the user line

connection throughout the distribution system must be at least 20 psi. lfwater pressure is below 5 psi, which occurs during a water outage, the watersystem is required to collect additional coliform samples prior to waterseruice being restored. According to CDPH staff, this procedure is not beingpracticed by Ms. Tuason. On October 3,2011, Ms. Tuason was provided by

CDPH staff with a list of recommendations and required actions for her tocomply with the sanitary survey of the drinking water system. As of March 5,


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2012, CDPH advised County staff that Ms. Tuason has not complied withany of the recommendations or requirements that were outlined in theOctober 3,2011 letter.

According to the Petitioners, they notified the park manager of this issue butreceived no relief from the water outages. On February 14,2012, Countystaff mailed a notice to Ms. Tuason advising her of the Service ReductionPetition and the alleged issues within the park, including this one. (Exhibit5.) To date, Ms. Tuason has not responded to this notice.

Staff Analysis: Staff is of the opinion that the limited water pressure issueconstitutes a significant housing service reduction. Since 2009, the propertyowner has been made aware that there are water pressure outages of theon-site water system and of the requirement to collect coliform samples priorto water service being restored when an outage occurs. Yet, to date theseobligations are not being met by Ms. Tuason. ïhe affected area of this issueincludes all residents (non-homeowners as well). Staff is of the opinion thatthe limited water pressure issue does not cause the rental unit(s) to beuninhabitable; however, it is an inconvenience and a possible health risk tothe resident if the water system is not restored properly and is therefore areduction in housing services. Since the property owner has not performedthe necessary tests, upgraded the water system, or properly maintained thewater system, staff is of the opinion that the property owner has profited fromnot making these fixes while not making any corresponding reduction in rentcollected from each resident.

lmproper drainage of septic svstems - This issue was raised by one of thePetitioners at the January 17,2012 site inspection. The Petitioner claimedthat the septíc drainage from the neighboring trailer leaks into the backyardof Unit 8 and when it rains, and alleged that human excrement comes out ofthe drain at such times (Exhibit 8). An official complaint was filed with HCDby County staff on January 23, 2012, and with the local health departmenton March 6,2012 regarding the septic drainage issues. On April 4, 2012,HCD ínspectors cited Ms. Tuason for an open sewer inlet at lot 6 (backyadof Unit 8), in violation of Title 25, California Code of Regulations, Section1254(b) [Exhibit 13].

On February '14,2012, staff mailed a notice to Ms. Tuason advising her ofthe Service Reduction Petition and the alleged issues within the park,including this one. (Exhibit 5.) To date, Ms. Tuason has not responded tothis notice.

Staff Analvsis: Staff is of the opinion that the improper drainage of theseptic system constitutes a significant housing service reduction for Unit 8.Staff did not observe any excrement coming from the drain located in Unit


(4)

I's backyard during its site inspection; however, there were remnants ofwaste around the drain and it was not raining at the time of the inspection.Staff is of the opinion that the drainage problem is a potential health andsafety issue ànd, based on the unrebutted statements of the residents, isof the opinion that such leaks occur. Since the property owner has notmaintained the septic system of the park, staff is of the opinion that thepropefty owner has profited from not fixing this problem while making nocorresponding reduction in rent collected from this resident,

Propertv line fence in disrepair and unstable - The condition of the propertyline fence was noted by County staff at the January 17, 2012, siteinspection. An official complaint was filed with HCD on January 23,2012.

The existing 5 foot tall property line fence on the Dufau Road frontage is

missing wood planks and consists of pieces of unstable plywood that are notanchored to the ground. The fence has the potential to fall over and causeharm to the residents in the park. The fence is strewn with graffiti and is inneed of major repair (Exhibit 9).

Staff Analvsis: Staff is of the opinion that individually the property linefence in disrepair does not constitute a significant housing servicereduction; however, when combined with all of the other housing issues,the cumulative impact of all of these could be considered a "significanthousing service". Pursuant to Article 2, 51102 of California Code ofRegulations, Title 25, Mobilehome Parks and lnstallation, the owner,operator, or the designated agent for the park is responsible for the safeoperation and maintenance of all common areas, park-owned electrical,gas, and plumbing equipment and their installations, and all park-ownedpermanent buildings or structures, within the park. The existingdilapidated property line fence would not be considered to be in a state ofnormal wear and tear and poses a significant health and safety hazard.Staff is of the opinion that the dilapidated fence (in conjunction with thegeneral disrepair of the park) may cause the mobile home unit(s) to beconsidered less desirable to live in.

Since the property owner has not maintained the existing property line fencein adequate repair, the property owner has profited from not making this fixwhile making no corresponding reduction in the amount of rent taken fromeach resident.

Lack of overall maintenance of the park - The condition of the park wasnoted by County staff at the January 17,2012, site inspection. The lack ofoverall maintenance includes uncollected rubbish, cracked and raisedpavement, and flooding during rains throughout the park as well as a brokeninformation board required for providing notices to residents under the

(5)


Ordinance. An official complaint was filed with HCD by staff on January 23,

2012. HCD inspectors cited Ms. Tuason for the uncollected rubbishscattered throughout the park, as a violation of Title 25, California Code ofRegulations, Section I 120 (Exh¡bit 13).

The January 17,2012, site inspection revealed that the cracked andraised pavement within the park is causing a potential for flooding andaccidental injuries to residents and visitors (Exhibit 10). In addition, duringthe site inspection, the Petitioners indicated that the park floods when itrains.

Staff Analvsis: Staff is of the opinion that the lack of overall maintenance ofthe property does not constitute a significant housing service reduction;however, when combined with all of the other housing issues, the cumulativeimpact of all of these unaddressed problems could be considered asignificant housing service reduction. Pursuant to Article 2, $1102 ofCalifornia Code of Regulations, Title 25, Mobilehome Parks and lnstallation,the owner, operator, or the designated agent for the park shall beresponsible for the safe operation and maintenance of all common areas,park-owned electrícal, gas, and plumbing equipment and their installations,and all park-owned permanent buildings or structures, within the park.During the site inspection, staff did not observe any signs of flooding.According to the County Watershed Protection District ('WPD'), FloodplainManagement Section, the property is not located in a floodplain nor is itimmediately adjacent to a WPD redline channel. The flooding issue appearsto be a localized drainage problem and not under the jurisdiction of theWPD, Floodplain Management Section. Although there was no evidence ofa flooding problem at the time of the site inspection, lhe overall condition ofthe pavement was poor. lt appeared that the park had not been repaved in

several years. Additionally, the park's central information board is fallingapart - the roof is wilting and the frame for the board is falling off (Exhibit11).

The lack of overall park maintenance is not due to normal wear and tear but,rather, a lack of maintenance by the property owner. Since the propertyowner has not properly maintained the site, staff is of the opinion that theproperty owner has profited from not making these fixes without making anycorresponding reduction in rent taken from each resident.

Grav water leakinq on to propertv and standing water - On January 17,

2012, staff observed standing water which appeared to have beendischarged from the adjacent property's outdoor washing machine onto thelocation of the petitioners' mobilehomes (Exhibit 12). According to theCounty's records, the adjacent property, which is also owned by Ms.

(6)

Ventura County Mobile Home Board

Staff Report for Country Suns Park


Tuason, does not have a perin¡tted gray water system. An official complaint

was filed with HCD by County staff on January 23,2012.

Staff Anatvsis: Staff is of the opinion that the discharge of gray water onto

the sub¡eat property from the neighboring property does not const¡tute a

significaît housing iervice reduction. However, it does eÆnf¡rm the lack ofpóper maintenanóe of the park by its owner. While staff does not consider

itrai ttr¡s problem causes the rental unit(s) to be uninhabitable, it does

present a potential health and safety risk if the.gray water system is not

þroperly rä¡ntained and permitted. Staff is looking to HCD to resolve this

rssue.

Recommended Actions:

1. FIND, pursuant to Resolution No. RRB 97-287 and based on the substantial'

evidence presented in the residents' Service Reduction Petition, this staff

report, comments from staff and the public, and the entire record before the

RRg, that a significant reduction in the following housing services as defined

by the Ordinañce has occuned: electrical; tree maintenance within the park;

water quality/pressure; septic drainage for Unit 8; and, overall maintenance

oJ the ¡iark.- Furthermore, tn¡s reduction in housing services has çontinuedfor an unreasonable length of time without any coresponding reduction in

rent;

Z. ORDER that, as long as these housing services reductions remain in effect,

no section 6 application to increase rent may be processed;

3. D¡RECT staff to schedule a public hearing, to be conducted by the RRB to

establish the dollar amount of the rent reduction;

4. DIRECT staff to prepare a Resolution for the Chair's signature implementing

the RRB's decision; and,

S. SpECIFY that the Planning Division is the custodian, and 800 S. Victoria

Avenue, Ventura, CA 93OOé is the location, of the documents and materials

that constitute the record of proceedings upon which this decision is based.

lf you have any questions concerning the information presented ab^ove, please

contact Francá Rosengren at (805) 654-2045 or [email protected]'

Reviewed by:

t1)nca Administrator Maier, Manager

Home rk Review Board Planning Programs SectionVentura County Planning Divisionra County Planning Division

Ventura County Mobile Home Park Rent Review BoardStatf Report for Country Sunshine Mobile Home ParkHearing on May 23,2012Page 15 of 15

EXHIBITS

Exhibit 1 - Service Reduction Petition, dated January 6,2012Exhibit 2 - Section 6(b) approval letter, dated October 23,2003Exhibit 3 - November 15, 201 1 letter to Ms. TuasonExhibit 4 - California Department of Public Health NoticesExhibit 5 - February 14, 2012letter to Ms. TuasonExhibit 6 - Pictures of electrical extension cords, dated January 17,2012Exhibit 7 - Pictures of overgrown trees, dated January 17,2012Exhibit 8 - Pictures of septic drain out let at lot 6, dated January 17,2012Exhibit 9 - Picture of dilapidated fence, dated January 17,2012Exhibit 10 - Pictures of pavement, dated January 17 , 2012Exhibit 11 - Picture of park's central information board, dated January 17,2012Exhibit 12 - Picture of gray water leaking, dated January 17 ,2012Exhibit 13 - HCD Activity ReporUlnspection ResultsExhibit 14 - Notice of lmpending GivilAdministrative Penalties and Civil

Administrative Penalties Lien, 3735 Dufau Road, Oxnard, CA, datedJune 24,2008

Exhibit 15 - Notice of lmpending CivilAdministrative Penalties and CivilAdministrative Penalties Lien, 3705 Dufau Road, Oxnard, CA, datedJune 24,2008

Exhibit 16 - Resolution No. RRB 97-287

January 06,2OL2

(L) Hace 2 meces no cirve la luz (2 meses)

(2) La Basura Falta

- Bote (10+ anos)

(3) Los Arbolesestan ariva de las trailass (3 anos)

- Traila # 4y # 8 estan en Peligro

eueremos pedir el Rent Review Board del Condado de Ventura una reduecion del

servicio en Country Sunshine Mobile Home Park, por las razones arriba. Hemos hablado

con el manejador sobre estas cosas.

Dirreccion: Telefono:Firma:Nombre:

Jose Luis Ayala# 8

Dario Melchor

Jose juares

Alberto Romero

l"t¿ ) r ,s .,9 y,q L.4 ,G/6 ¿ rytot ^\ /'\

#6 !-)a1¡¡¿ Øaich a¡s

#4 I t >-q., UqY-L-¿-

7{c- í/ 7

^ftu"15#2

Exhibit 1Country Sunshine MH ParkService Reduction Petition

â

@Jntgof verrtura

Yours trul

'(*-

.ESOURCE MANAGEMENT AGENCY

Kim HockingAdministratorMobile Home Park Rent Control Program

Enclosures

mkVamr/glrr03-415

l"¿z'""- Planning Division

î 7' - \ol ) ri,¡rn. christopher t,ïf"i:

(,,t-Gí, r(" t

October 23.2003

Ms. Teri Tuason3705 DuFau Road, #B

Oxnard 930i0

Dear Ms. Tuason

In the body of this letter and attached are the approval papers for your recent rent tncrease

application The rents shorvn in Table t (enclosed) are the approved ones and must be applied to

the correct spaces according to the exact schedule shown- Starting November 1.2003

overcollection amounts for the four spaces depicted must be returned to the residents in the

manner shown in Tabte I through July 2004 Starting in August 2004, the rents can be raised to

the level strown [or that month

The average rcnt lor your park to be used in the calculation for possible future decontrolled

spaces in the neKt year is $i 19 33.


@B0O South Victoria Avenue, -2481 Fax (805) 654-2509

&

Venturå County Mot¡il,e florne Park Rent Reviær SecJion 6 Staff Report:

Application No.:ß415

APPLICANT: Teri Ïuason

PARK NAME: Country Sunshine

PARK ADDRESS: 376 Dufau Rd-, #8, Oxnard frc

NUMBER OF DECONTROLLED SPACES: O

DECOñIROLLED SPACE NUMBERS: O

DECONTROLLED SPACE RENTS, Respectively: n-4.

LEASED SPACE NUMBERS: I

NUMBER OF LEASED SPACES: f

DATE oF LAST INCREASE: 8/1/lg

APPLÍCATION FILÍNG DATE: U7TÑ

PROOF OF SERVICE DATE: 11l2ü]3

EFFECTIVE OATE REQUESTED: lll1f2m

PERCENT RENT INCREASE REOUESTED: 2,6

MONTHLY DOLI.AR INCREASE REQUEST: $8.ß9.2I

TOTAL MONTHLY RENI RANGE REQUEST: $337.S€64.82

AVERAGE PARKRENT(fordecoirtrolledspacecalculations): <<RR8."Average'>. : ß3tî 'i')-AMORTIZED ITEMS: SEE attached table. íf applicaHe. ltems to be charged separate from base rent.

Findings and Action Based on Review of Evidence Presented:

l. The application is complete, accurate and in compfiance with the current Ordínance, as requird by RRB Resoltttion 198,

"SætÍon 6 Procedures", p.2.

roted above) effectíve a2. A2.6 96 rent increase ranging from $37-5364.87 (excludíng the decontrolled and leased spaces

11¡¿ffi is hereby approved; ãnd the attactred table of "amortized items', if applicabfe. Prepard by:

l(mHocking, Admini{ratora

lo -tù -o,

Ventura County Mobile Home Park Rent ReviewCertificate of Approval No. 03415

Section 6 b Rent lncrease Application

Whereas, the Mobile Home Park Rent Review Administrator finds as follows-

1. The application for a CPI-Urban, Section 6 b rent increase was filed for the

Country Sunshine, 3705 Dufau Rd., #8, Oxnard 93030 in accordance with the

Mobile Home Park Rent Review ordinance of the County of Ventura; and

2. The application is complete, accurate and in compliance with the Mobile

Home Park Rent Control Ordinance, as required by Resolution No. RRB 198,

Section 6 procedures, page 2', and

NoW therefore, be it resolved that a2.6 o/o têßt increase ranging from

$8.56-9.21 (Table 1); for a range of rent levels from $337.98-354.87 per month

(excluding 0 decontrofled spaces: o,; rent levels respectívely:n.a.,,be granteã effective 11t1l2OO3; including amortized items in attachment (íf

appli.able), not to be included in'base rent', and the average park rent to be

used for calculation of decontrofied space rents for the ensuing park fiscal year

is <<RRB."Average ">> ', Ázin. 3-z

ør*Kim Hocking

)

Kim Hocking

Tablc l.- C@ntfv smsh¡ne

sæno. llll)gRentI 2æU

x2 t2ß143 f2æ41

'28Æ'14É 12æ14d- s2ü14

I 5266.44æ0604

rsotd Spæ Nq= (Èdtro¡fcd

OvdCollæ{ld

1 998 R¿ßt

2 s286143 9286,r.14 t2æ146 t286{¡7 52BÆ14I 5286.,ç4

¡f.218 64

il¡rus2.6',6 lærcæ New20(xì Ovércollecll'on

20-á9

20fi)

M3 Apordêd Rer( Schedulc

fÈcút.þ{ ãX}l H(ZX}I 2ú2

329 ¡12ú.1126 11

286-¡aaÍ8 4t286.4418{X 5A

329-,¡ I26 1<2æ 14

3¡t5 8{t

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286.443¡5 88329 41

26 14

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286.1128ó,.112ü 14

m.11¡3Zl..alffi14

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t2æ 41

26 11329 ¡l2aÆ.41

l51B 1{

3?9.4126 41286.44345 8a329-.{ !zæ 44

ãxrfAvêr¿gê Rênt300.763f,33

lsf lrcGæ:¡t5_ I f 45

Nêw Rdt345 8778333

Regublqy Boæ:zoct wtth Dccor¡trÞls irttn(hlv Ovd Collccflq Feb'-séot 2003Exlllnq

350370

æ6.44Æ_u

3æN.44tqa 32

Ít-99

5124.15 ¡l-l1z-¡5

Oycmollællon Letuc Nd- 2OO+.Jufv 2OO4

Feb Mæh Aorll lrtav Jq rc

l{dRen(a{ombtr Oæémber Jælry

317 39212æ233 8933r37337 98285.65

32941246 44

286.14345.€A3æ 1læ6.44

$1.A&l'o2

Gt-56t000

t0

8-56{669 æ6867 447446.gl28aI 564669.æ686

33t 97112956'469293-84743UAlE337 9747295.4f69t9f6 003

317.39212æ2A3 8933f 87337-9{t2A5 65

317 3f¡21?.æ243.&l¡l¡ 87337 982A5.65

317 3921209283 893511,87

3f,7-942a5.65

317 39212_æ283 89331 87337_98285 65

a3_56

317 3l212-æ283-89J54.87:[]7 gl285 66

3t7392t2æ243 89f,54 87337.98285 65

3 I 7-3921Læ283 89354 87317.98265 65

'f0

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319.3339Avêragê

Rcnt

Jutv AKUS(

3r7 f9212 @283 89354 3/337 98

285 65

3J7-94295.65293 88JSl Af337 98295 65

county of venturaRESOU RC E MANAGUII/I ENT AG ENCY

Planning DivisionKimberly L. Prillhart

Director

November 15,2011

Esterina Tuason601 Alameda Padre SenaSanta Barbara, CA 93f 03

Dear Ms. Tuason:

It has come to our attention that-you have served some of the residents of the

Counfy Sunshine t\lobile Home Park with a 90 day Notice of Rent lnqrease of150/6 tó be effective January 1, 2012, wihout approval of the Ventura CountyMobile Home Park Rent Review Board (collqctÍvely, "RRB"). I aüempted to

oontac't you by phgne to discr.¡ss this matter at the tr¿ro rnost recent phone

numbers submitted to our office, but both phone numbers wwe out of serviæ. '

Pursuant to Ventura County Mobile Home Park Rent Control Ordinance No. 4Íì60(colte,ctively, "ordinance") ín order to raise the rent of the residents wlthin amobile home park, an application must be made to this office and approved.The request must specify the q¡pe of rent increase requested, such as a Sectiong O¡sgát¡onary lncrease or a Section 6, Ministerial Social Security Cost of Living

Adjustment ("SSCOte") hcrease. At this time, no such application has been

received orfiled with this ofüce.

lf you wislr to apply for a Sec{ion ê Ministerial SSCOLA increase, the më¡ximum

percent¡ncreasè'ttieorä¡nancealþwsforthe yaar2Û12is3.6%. Howèver, if you

w¡sn to rcquest more than a 3.6 % in;rease, you may_3qply for 3^pgAion 8,

DiscretionairT lncrease, !vh¡c*ì will be considered by the RRB at a public hearing.

Eactr of theée types of rent increase applications must be submitted to staff by

certain deadinéå in order for the apolications to be reviewed and the rentincreases to be effecfive. Please. be advised that this ordnance only coversthose mobile home drrelling units that aß, not svvned by Country Sunshine. lfyou are the poperty orvner of any df the rnobile home dwelling units in thebountry Suns-hinâ, yóu may raise the rent without the approval of the RRB-

pursuant to the ordinance, Sec{ion l3 - Tenantrs Right of Refusal, a tenant

(resident) may refuse to pay any increase in rent wtrich is in violation d this

òrO¡nané provided that staff or the RRB has either not reaohed itrs decision or

Exhibit 3

Country Sunshine MH ParkService Reduction Petition

&@800 South Victoiia Avenue, ¿l8l Fax (805)654'2509

Ms. Estedna TuaaonPaç2o12November 15,2011

tras found the increase violates the prorrisions of this ordinance.' Pleaserecognize that tìe proposecl 15% increase is in vidation of the pmvisions of thisordínbnce and that in order for a rent increase to be €'ffÉctive, the conest rentincrsase application must be filed and approved by tha appropriate decisionmaking body.

Furttrermore, Sæ'tion 14 sJ thie ordinanca protects resirlents of retaliatoryo¡idion. $uch refr¡sal b pay an urnpproved rent increase shall be a defênse lnarry action brought to recover possession of a mobile honp speoê on to collectthe rent incnease. Any action brought ln retaliation for tfie o<ercise dl æty rightsoonfened by this ordinance sfrafl be grounds for'denial. i

Please refer to tfp Planning Division rileboite at @'Plannlng Programs, Mobile l-bme Park Rent Cor¡trol, for more informationpertainAgqin,pleesePlanning Division website.

.F ygu fr Pleaqe-contact Ms-

Fr'ânca 64F2045 oi via e-mail at francá[email protected]. iredly * (805) 654-24â4.

Sincerdy,

lr.t'n-, Manager

Planrüng Pnograms SectionVentura County Planning Division

c Counfy Sunshirre FileResidents of thê Counfy SunshineMobil€ HomE ParltSupenrisor lGthY Long- D¡strid 3Liz Carnemn, Code Compliance DivisiqtJarnes M. ìlVinn, Departrnerrt of Housíng afd Community DevelçmentDivision of Codes and Standarde

0"^l-

oState of California-Health and Human Seruices Agency

California Department of Public Health

o CDPF{MARK B HORÌON, MD, MSPH

D¡rector

ARNOLD SCHWARZENEGGER

Governor

February 17,2009

Ms. TeriTuasonEsterina Properties (56021 07 )601 Alameda Padre SerraSanta Barbara, CA 93103

Dear Ms. Tuason

Recent complaints from residents served by Esterina Properties initiated a site visit by CDPH onJanuary 30, 2009. The complaints include high chlorine residuals, no chlorine residual at timesand several water outages. The purpose of the site visit was to test for chlorine residual and thed istribution pressure.

Two sites at Esterina were visited and the results can be found in the table below. At both sitesa chlorine residualwas undetectable. CDPH considers a residual below 0.2 mglL as non-detectable; indicating the distribution has inadequate chlorine. When water systems choose tochlorinate, the distribution system must have detectable chlorine residuals at all times.

Besides chlorine residual, the pressure was tested during the site visit. The pressure rangedbetween 40 to 60 psi. However, residents discussed concerns about regular water outageslasting hours or days. At all times, the minimum operating pressure in the water main at theuser line connection throughout the distribution system must be at,least 20 pounds per squareinch. lf water pressure is below 5 psi, which occurs during a water outage, the water system isrequired to collect additional coliform samples prior to the water service being restored. To theDepartment's knowledge, this procedure is not being practiced.

Pressure loss can be a serious threat to public health. A reduction or loss of pressure in thedistribution system can result in backflow, allowing contaminants to enter drinking water lines.Backflow is a reverse of normal water flow due to back pressure or back siphonage whichoccurs when the pressure of the environment outside of the line exceeds the pressure inside thewater line. Backflow incidents have caused illness, injury and, in some cases, death. ln 2009alone, the Esterina residents have experienced the following water outages (see table below).CDPH has not been notified of any coliform samples collected in response to these outages.

Exhibit 4Country Sunshine MH ParkService Reduction Petition lch

013Soutl1180 i

Front House Hose bibUnit # 8 0 mo/L

0 mq/L40 to 60 psi40 to 60 psi

lnternet Add, .--. --y'y'EM.asox

2108t092108t092108t09

2l05l0s -2lo6to91127t091126109

Date

6:28 pm4:05 pm10:20 aml:15 am9:45 am10:30 am

Water Se¡yice Lost

9:05 pm4:40 pm11:00 am5:00 pm2'.15 pm1:45 pm

Water Service Reoained

The data above demonstrates the water outages occur during times of high water usage (i.e.mornings, evenings and weekends). The Esterina water system is not designed to provide reliablewater to its customers. Esterina personnel shall make the appropriate changes to the piping,chemical pump or wiring to ensure the distribution system has a chlorine residual and minimumpressure at all times. Only the certified operator shall have access to the chlorinator; no otherpersons shall tamper with the pump, chemicals or valves. The chlorine must be NSF approved.CDPH will be visiting Esterina periodically to ensure these changes are made. CDPH will requireyour certifìed operator to be present during a future inspection to explain the improvements.

lf you have any questions concerning this letter, please contact Amy Maday at (805) 566-1326.

Sincerely,

Kurt T. Souza, P.E.District Sanitary EngineerSanta Barbara District (CDPH)

cc: Elizabeth Huff, Ventura County Environmental HealthKim Uhlich, Ventura County LAFCOAnthony Emmert, City of OxnardNick Alexakis, Department of Housing and Community DevelopmentLiz Cameron, County of Ventura Planning Division

o oo CDPII

State of California-Health and Human Seruices Agency


MARK B HORTON, MD, MSPHDirector

June 18, 2009

Ms. TeriTuasonEsterina Properties (56021 07)601 Alameda Padre SerraSanta Barbara, CA 93103

Dear Ms. Tuason:

Esterina Properties (Esterina) is a water system which is not currently providing reliable drinkingwater to its customers. lntermittent water outages, absent chlorine residuals and low pressurespose as health threats to Esterina's consumers. On June 18, 2009, Engineers from theCalifornia Department of Public Health (CDPH) visited the site with the water system's certifiedoperator. Coliform samples, chlorine residuals and pressure readings were collected. Since thewater system did not follow proper protocol (Section 64421 (b) (4) which requires bacteriologicalsamples be collected following any system pressure loss to less than 5 psi) after the mostrecent water outage, the quality of water is unknown.

Until two sets of coliform samples (taken under NORMAL operating conditions) candemonstrate the water is safe to drink, CDPH is mandating a BoilWater Order. All customersmust be notified the water is not safe to drink until more data is collected. lf additional dataindicates the water is not potable, then Esterina will be required to make water systemimprovements before the BoilWater Order can be lifted.

lf you have any questions concerning this letter, please contact Amy Maday at (805) 566-1326or at [email protected] .

Sincerely,


cc: Elizabeth Huff, Ventura County Environmental HealthKim Uhlich, Ventura County LAFCOAnthony Emmert, City of OxnardNick Alexakis, Department of Housing and Community DevelopmentLiz Cameron, County of Ventura Planning Division

Southern California Drinking Water Field Operations Branch1180 Eugenia Place, Suite 200, Carpinteria, California 93013

(805) 566-1326; (805) 745-8196faxlnternet Address: htto://www.cdph.ca.qov/oroqrams/Paqes/DDWEM.asox

ARNOLD SCHWARZENEGGERGovernor

(v\

oState of California-Health and Human Services Agency


CDPHRON CHAPMAN, TD, MPH

DircdorEDMUND G. BROWN JR,

Govenor

Thank you for Redtail's cooperation and time during the Sanitary Survey 'of the EsterinaProperties water system (Esterina) on September 30th, 2011 by Amy Maday, Engineer with theCalifomia Department of Public Health (CDPH).

Ostober 3,2011

Ms. Teri TuasonEsterina Properties601 Alameda Padre SerraSanta Barbara, CA93103

Re: 2011 Sanitary Survey

System No:5602101

Dear Ms. Tuason:

The routine Sanitary Survey of the drinking water system included examining the sources,storage, treatment, chlorination equipment and the distribution system.

The purpose of the Sanitary Survey is to identify any immedíate health concerns and todocument the findings of the visit. Sanitary Surveys are required every three years forcommunity water systems, at a minimum, and consist of a discussion and survey of eightelements (Source, Treatment, Pump Facilities, Finished Water Storage, Distribution Sysfem,Monitoring, Reporting and Data Verification, Operator Compliance with State Requirements andWater Sysfem Management and Operafibns).

Since the information in the last Sanitary Survey Report is cunent and accurate, a new SanitarySurvey Report has not been included with this package. Below are the findings of the SanitarySurvey. Please consider these issues and work with my staff in their implementation.

1. The triennial DBP sample is due by September 30ü, 2011.

2. Wells 1 and 2 are past due for volatile organic chemicals. The samples are due by October31ú,2011. i

3. Esterina shallensure Well 1 is properly flushed until no chlorine residual is detected whensampling the source for coliforms.

Southem Califomia Drinking Water Field Operations Branch1180 Eugenia Place, Suite 200, Carpinteria, CA 93013-2000

(805) 566-1326 Ph.; (805) 745-8196 fax ,lnternet Address: http://www.cdoh.ca.gov/certlic/drinkingwater/Paoes/default,aspx

4. Esterina shall provide treatment for manganese and iron. Possible alternatives for Esterinahave been discussed numerous times. A course of action and plans shall be submitted toCDPH by October 31.i 2011. Until a course of action is submitted, the water system willreceive monthly citations. The hourly rate for citation preparations are $126 per hour.

5. Esterina shallcontinue iron and manganese monitoring quarterly.

6. Esterina shall begin to sample both pressure zones for the presence of coliforms. TheBacteriologícal Sample Siting Plan shall be updated and sent to CDPH by October 31s,2011.

7. Esterina shall begín recording, at a minimum, the maximum month water produced andreporting the information on the ElectronicAnnual Report (EAR).

8. The overflow on the storage tank is not screened. lt appears an animal may be nesting inthe overflow. The tank should be filled and chlorinated, the overflow line flushed to removeany inhabitants. lf Esterina no longer seryes Rancho Homes, the line should be physicallydisconnected to the tank. lf Rancho Homes is still served by Esterina, a backflow should beinstalled on the influent line to the Rancho tank to protect the Esterina water system.

9. Well t has openings and is vulnerable to contamination. The well must be sealedÍmmediately and photos must be sent to CDPH to document the improvements.

10. The Well I site is covered in bird feces and feathers. The site must be cleäned and a solidroof shall be constructed to prevent the entrance of animals immediately.

11. The chlorine used is not NSF approved. Esterina shall begin using 12.5% NSF approvedchlorine for treatment.

13. Two inline cartridge filters were installed after the booster pump and pressure tanks afterthe storage tank. Esterina shall submit the information about the cartridge filters to CDPH byOctober 31et,2011.

14. During the Sanitary Survey, the chlorine residualwas measured and found to be non-detect.Esterina's chemical pump is flow based; however, chemical injection is not consistent. Thepump shall be configured to ensure a minimum of 0.2 mg/L of chlorine is present in thewater at alltimes.

15. Perchlorate is due on Well 1 by October 31.i ,2011

12. There is a port-a-potty, horse enclosure, horse and horse feces withín 10 feet of the storagetank. The horse and port-a-potty shall be removed by October 15th,2011. The storage tankarea must be protected from possible contaminating activities. CDPH recommends fencingthe site.

2

Required Source and Distribution Monitoring are described below. The Sample Due Dates arepresented in Bold Text.

Source Terminoloqv and I nformation

1. Source Water Monitoring

l.l General Mineraland General Physical Monitoring RequirementsGenerat mineral and general physical sampling is required annually for active surface watersources, every three years for groundwater sources and every nine years for standby sources.The analyses are due as follows:

1.2 lnorganic Ghemical (lOG) Monitoring RequirementsAll surface water sources must be sampled annually for lOCs (every three years forgroundwater sources and every nine for standby sources). lf an MCL is exceeded, the systemwill need to reSample within 24 hours after being notified. lf the average of the two samplescontinues to exceed the MCL, the system will need to initiate quarterly sampling to determinecompliance with Drinking Water Standards. Compliance with the MCL will be based on aquarterty average. Groundwater sources wÍll need to be sampled for at least two additionalquarters. lf the system is determined to be out of compliance with a MCL, the system will needto submit a ptan and time schedule to bring the water quality into compliance. lf a system iscurrently conducting quarterly monitoring due to a violation, the quarterly sampling requirementmay be reduced if the system meets all quarterly MCL averages. The analyses are due asfollows:

Esterina's wells exceed the secondary standards for iron and manganese. During the lastSanitary Survey, CDPH required Esterina to install iron and manganese treatment since the iron

and manganese concentrations of Well 1 are over three times the MCL. The results for iron and

3

o02001

Well2Well 1

GroundwaterGroundwater

StandbvActive

Well2 08t201508l28l06Well 1 06116111 0612014

Well2 08/201508128106Well 1 06t16t11 0612014

lron Concentrations of Well I (ug/L)

1500

1000

500

0

t\ /\| \.___ \/ \-/

t\^

^

i

manganese can be found below. The MCL for iron is 300 ug/L and the MCL for manganese is50 ug/L.

Manganêse Concenträt¡ons of Well 1 (ug/t)4û440

420

400

380

3@

340

320

1.3 Nitrate Monitoring Requirements

4

Monitoring for nitrates is yearly. lf the nitrate concentration of any source is greater than orequal lo lz the MCL, quarterly sampling must be initiated for that source. lf the results of fourconsecutive quarterly samples for nitrate are less than the MCL for groundwater, the systemmay return to yearly sampling. The analyses are due as follow:

1.4 Nitrite Monitoring Requirementslf the results are below half of the MCL, surface water and groundwater sources are required tosample for nitrite once every three years. lf the initial nitrite concentration for a source is greaterthan or equal to % the MCL, the system must begin quarterly nitrite sampling for at least oneyear. A system may reduce the sampling to yearly íf the average nitrite concentration in fourconsecutive quarters of sampling does not exceed the MCL for surface water sources. Standbysources should be analyzed every nine years. The analyses are due as follows:

1.5 Radioactivity Monitoring RequirementsEsterina monitors its active sources for radioactivþ. The water system has collected andcompleted initial gross quarterly gross alpha and Radium 228 monitoring for each source.Water systems are allowed to only collect two quarters of Radium 228 if the first two samplesare less than I pCi/|. Radium 228 is a one-time sampling event and no additional monitoring willbe required. Esterina has completed its Radium 228.

b. Esterina has completed the initial gross alpha monitoring. For each source, if the average ofthe four quarters of gross alpha analyses for each source are:

. lf less than 3 pCi/L, collect one sample for that source every nine years.

. lf between 3 and 7 Tz p9ilL, collect one sample for that source every six years.. . lf between 7 lz and 15 pCi/L, collect one sample for that source every three years.

c. A system monitoring quarterly may composite @ up to four consecutive samples from a singlesampling site if analysis is done within a year of the first sample collection. lf the result of thecomposite sample is greater than/z the MCL, at least one additional quarterly sample shall beanalyzed to evaluate the range and trend of results over time before allowing the system toreduce the monitoring frequency.

Well2 06116111 (< 0.4 ms/L) 0612012

Well 1 06116111 (. o.¿ ms/L) 06t2012

Well 1 06116111 (< 0.1 ugi

Well2 08128106 (< 100 us/L 08120154

06/30/0809/16/081?i0810803/10/09

1.9801.8300.139

Well 1" 03120181.20 03/10/09 0.139

5

041251050712610510/31/05

0.3271.7001.530

Well2 10120141.r 9 10t31t05 1.53

0612910709t12t0703/03/08

0.0000.0000.509

Well 2 Complete

06i30/0809/16/081UOÙt0803/10/09

0.2230.0000.0000.000

Well 1 Complete

*Four guarters were completed for these sources,' however, sampling is based on the rasu/fs average.

1.6 Volatile Organic Ghemical (VOC) Monitoring RequirementsThe samplíng requirements for VOCs are every three years for sùrface water and groundwatersources. Standby sources should be tested every nine years. lf VOCs are detected, thesampling frequency is increased to quarterly. Sampling may be êduced to yearly after twoquarters of non-detects for groundwater and four quarters of non-detects för surface water. TheVOC analyses need to include the unregulated organic chemicals. Attached is our revisedvulnerability assessment and VOC-SOC monitoring schedule for your system. The analysesmust be made by a certified state laboratory and the results submitted on state approved forms.All positive results must be confirmed by follow-up samples. The system needs to sample itssources for VOCs as follows:

1.7 Synthetic Organic Chemical (SOC) Monitoring RequirementsAll water systems must sample each of their sources every three years (see sampling schedule)for all existing SOC in which the system has not obtained a waiver. Specific SOC shall bemonitored for if the system is vulnerable to them. This includes areas where an SOC is used asfor industrial purposes, agriculture, highway and railroad maintenance, etc. Systems will needto sample each source and have them analyzed for all SOC unless it has a vulnerabilityassessment by determining which SOC have been used in the area (5 mile radius) during thepast 10 years. lf SOC are detected and confirmed by repeat sampling, the system will berequired to sample quarterly for those SOC which are detected.

The CDPH has previously granted waivers for SOC chemical constituents, which werg sampledfor and not detected. The waivers were for three years and renewable for a nine year cycle.The CDPH requires all systems sample their sources again for the SOC chemicals listed as'Vulnerable" on their vulnerability assessment. Esterina is required to sample for Simazine andAtrazine every 9 years:

6

Well2 05116102 PAST DUEWell 1 'tol28t04 PAST DUE

Well2 05111105 0512014Well 1 05111105 0512014

1.8 Perchlorate Monitoring:CDPH has adopted new regulations for perchlorate effective October 18, 2007 setting amaximum contaminant level (MCL) of 6 ug/L. Water systems that did not have any historicaldata were required to collect at least two samples, five to seven months apart, with at least onegathered between May 1 and September. After the initial sampling is complete, samplingrequirements are the same as inorganic monitoring, provided perchlorate is not detected.

1.9 Asbestos Monitoring RequirementsAll water systems must sample their sources of supply and distribution system for asbestos atleast once every nine years unless waived by CDPH.

Source - Asbes{osAll surface and groundwater sources under the influence of surface water must be analyzed. Asystem may have a waiver for groundwater sources provided the well is not considered to beunder direct influence of surface water and which it is not constructed in asbestos rockformations. Asbes{os source samples are waived.

Distribution System - AsbestosMonitoring asbestos in the distribution system will be required if the source water is deemedcorrosive (Al < 11.5). Since Esterina water is not conosive (Al = l3), asbesfos distributionsamples arewaived.

l.l0 Raw Water Goliform Monitoring RequirementsEsterina is required to monitor the wells quarterly (when used). The raw water samples aretaken prior to any treatment. This coliform and HPC data should be submitted to CDPH on aquarterly basis. lf the groundwater sample tests positive for coliforms, a repeat sample will betaken. lf the repeat sample is positive, the well should be tumed off, disinfected, pumped towaste until zero chlorine residual is obtained and resampled (cycle test) after 24 hours.Esterina shall ensure Well I is properly flushed until no chlorine residual is detec{edwhen sampling the source for coliforms.

Allthe groundwater resamples should be negative for coliforms and have HPC counts less than500 colonies/ml. Reliable treatment will be required for wells which continue to test positive. lfa well tests positive for fecal indicators additional investigation is needed and, the well will needmonthly sampling, along with reliable chlorination treatment and additional treatment may berequired. Poorly constructed or located will require monthly raw well water coliform sampling.Below are the results for the groundwater coliform results from 2008 to 2010:

Well2

Well 1

((

1

1

ug/L)us/L)

o4to4l0B09116/08

((

1

1

o4lo4l0809l16i08

ug/L)ug/L)

09/16/2008

0911612008

0912017

1012011

Well 1 A A A A

7

Well 1

Well 1

A

A

A

A

P

A

A

2.1 Distribution System SamplingAll water systems shall monitor the bacteriological quality of their system following their TotalColíform Siting Plan. This can be done on a rotating basis. Systems collecting more than onesample per month must collect a repeat sample set of three for each positive coliform result.One sample shall be collected from the positive sample station and one upstream and onedownstream within five services of the positive sample station. The required monthly reportsshall be submitted by the tenth of each month using state approved forms. Below ¡é tné tastthree years of historical colíform data:

Absent P= Present, E coli2. Distribution System Monitoring

2.2Lead and Gopper RuleState regulations require all communi$ and non-transient non-community water systems tomonitor lead and copper levels in drinking water.

2.3 Stage I Disinfectants and Disinfection Byproducts Rule (D/DBP)Esterina distributes chlorinated groundwater. Under the Stage I DBP rule, Esterina is requiredto sample for DBPs triennially. The samples are collected at the 3705 Dufau Road. Below arethe results from 2005 to the present.

8

E. coli/Fecal +TotalColiform +Total Samoles

001

001

001

003

001

001

001

001

00

,|

001

001

001

E. coli/Fecal +TotalColiform +TotalSamoles

001

001

001

001

001

004

003

001

001

001

001

001

E. coli/Fecal+TotalColiform +TotalSamoles

002

001

001

001

001

001

001

001

001

001

00

,|

00

,|

ThrTriennialTriennial2"" 6 month1" 6 month

09/4/0909t220609/30/0310/01/00

5555

5555

<50.250.6<5

need to tn ust or 20125

1.51160

3nd 2011

3'o 2oo8

3'o 2oos0

1

Due By September 31"t, 2011

0

0

2.4 Stage ll IDSE Monitoring and Stage - ll IDSE (lnitial Dislribution System Evaluation)Esterina is considered a Schedule 4 water system for the Stage ll DBP Rule. Since the Stage I

DBP samples have all been below 40 ug/L for TTHMs and 30 ug/L, Esterina is eligible for a40130 Waiver. Stage ll compliance begins in the fourth quarter of 20'13. Esterina's Stage I site is3705 Dufau Road; it will become the Stage ll site. The source code for the Stage ll site is5602101-005.

2.5 MRDL GomplianceThe system needs to continue to submit the monthly system average chlorine residual to theDepartment on a quarterly basis. The Maximum Residual Disinfectant Level of 4.0 mg/l needsto be complied with based on a running annual average. Below are the average monthlychlorine residuals in mg/L:

3. Plans

4. Laboratory and Monitoring Reporting RequirementsAll analyses must be performed by a State certified laboratory and all results must be submittedelectronically to our database by the laboratory. Chemical analyses not submitted electronicallywilf be reiected. California Code of Regulations, Title 22, Section 6M51 requires that theanalytical results shall be reported to the Department electronically in an electronic text file. Thesystem needs to transmit the source chemical analyses results electronically to ourSacramento database by the tenth of the following month in which the sample analyses werecompleted. Analytical results of all samples analyses completed by water wholesaler in acalendar month shall be reported to retail customers and the Department no later than the tenthday of the following month. lf your laboratory does not currently transmit data electronically,please have them contact Anthony Meeks at (916) 449-5568 for details on electronicallytransfening data to our database. Enclosed is a list of the dates of your last analyses, which wehave in our database. Your monitoring compliance will be based on the results which we havein our database. We will review our database every six months to determine if your monitoring

9

o.24 0.58 0.30 0.27 0.30 0.27 0.27 0.31 0.31 0.56 0.36 0.31

0.31 0.31 0.38 0.35 0.35 0.31 0.36 0.40 0.39 0.39 o.41 0.32

Emerqencv Notificati<

Groundwater Rule PlanDBPR Staoe I Monitorino Reoort

Coliform Sitino PlanEmeroencv Resoonse Plan/Disaster Preparedness

Plan

Auqust 2009March 2004March 2004

NoneMay 2008

is up to date. Failure to comply with the required monitoring schedules will result in a citationand fíne. lt is up to your Utility to ensure the monitoring requirements are met,

Distribution sampling results for bacteriological, lead and copper, and disinfection byproductsmonitoring shall be submitted to this office.

lf you have any questions concerning this letter, please contact Amy Maday at (805) 566-1326or Amv. [email protected] .

Sincerely


cc: Ventura County Environmental HealthRedtail Solutions

10

TO

RESPONSE TO SANITARY SURVEY LETTER

DEPARTMENT OF PUBLIC HEALTHDRINKING WATER FIELD OPERAT¡ONS BRANCHll80 Eugenia Place, Suite 200Garpinteria, CA 93013

From: Ms. Teri TuasonEsterina Properties601 Alameda Padre SerraSanta Barbara, CA93103

Esterina shall respond to the 20ll Sanitary Survey findings listed below:

1. The triennial DBP sample Ís due by September 30s, 2011.Flesnon-ce'

2. Wells 1and2 are past due forvolatile organic chemicals. The samples are due by October31'i,2011.Response:

3. Esterina shall ensure Well 1 is properly flushed until no chlorine residual is detected whensampling the source for coliforms.

4. Esterina shall provide treatment for manganese and iron. Possible alternatives for Esterinahave been discussed numerous times. A course of action and plans shallbe submitted toCDPH by October 31r. 2011. Until a course of action is submitted, the water system will receivemonthly citations. The hourly rate for citation preparations are $126 per hour.Response:

5. Esterina shallcontinue iron and manganese monitoring quarterly.Resoonse:

6. Esterina shall begin recording, at a minimum,,the maximum month water produced andreporting the information on the Electronic Annual Report (EAR).Response:

7. The overflow on the storage tank is not screened. lt appears an animal may be nesting in theoverflow. The tank should be filled and chlorinated, the overflow line flushed to remove anyinhabitants. lf Esterina no longer seryes Rancho Homes, the line should be physicaily

11

disconnected to the tank. lf Rancho Homes ís still served by Esterina, a backflow should beinstalled on the influent line to the Rancho tank to protect the Esterina water system.Resp onse:

8. Well t has openings and is vulnerable to contamination. The well must be sealed immediatelyand photos must be sent to CDPH to document the improvements.

9. The Well 1 síte is covered in bird feces and feathers. The site must be cleaned and a solidroof shall be constructed to prevent the entrance of animals immediately.Pacnrrnea' -

10. The chlorine used is not NSF approved. Esterina shall begin using 12.5% NSF approvedchlorine for treatment.Resnonse'

11. There is a port-a-potty, horse enclosure, horse and horse feces within 10 feet of the storagetank. The horse and port-a-potty shall be removed by October 15th,2011. The storage tank areamust be protected from possible contaminating activities. CDPH recommends fencing the site.Flecnnnca'

12. Two inline cartridge filters were installed after the booster pump and pressure tanks after thestorage tank. Esterina shall submit the information about the cartridge filters to CDPH byOctober 31'i,2011.Response:

13. During the Sanitary Survey, the chlorine residualwas measured and for¡nd to be non-detect.Esterina's chemical pump is flow based; however, chemical injection is not consistent. Thepump shall be configured to ensure a minimum of O.2 mg/L of chlorine is present in the water atalltimes.Response:

14. Perchlorate is due on Well 1 by October 31.r ,2011.Response:

Response Gompleted by:

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STATE OF CALIFORNIADEPARTMENT OF PUBLIC HEALTH

IN RE: Esterina Properties601 Alameda Padre SerraSanta Barbara, GA 93103

TO Ms. Teri Tuason, Owner

WATER SYSTEM NO: 5602101CITATION NUMBER: 04-06-1 I c-048

Section 116650 of Chapter 4,Pa¡|12, Division 104 of the California Health and SafetyCode (H&S Code), authorizes the issuance of a Gitation for failure to comply with therequirements of the Galifornia Safe Drinking Water Act, or any regulation, standard,permit or order issued hereunder.

VIOLATION

The California Department of Public Health, Drinking Water Field Operations Branch(CDPH) hereby issues a Citation to Esterina Properties (Esterina) for the followingviolation(s):

1. Failure to Sample for VOGs and SOGSWater systems shall collect a minimum of one sample from every source every sixyears. The last VOC sample coilected at Well 1 was in 2004. The next sample ispast due,

2. Failure to Provide Treatment for lron and ManqanesPA citation dated September 2008 (Citation 04-06-08C-032) directed Esterina toprovide treatment for iron and manganese removal and to híre an engineer todesign a treatment removal system. On several occasions, CDPH has had

discussions with, researched and forwarded potential treatment information toEsterina about designing and installing treatment to resolve the iron andmanganese issue. The water system was required to submit engíneered plans

and a course of action to CDPH for approval by January 1, 2009. Then, a citationissued in February 2009 required Esterina to provide a plan for iron and

manganese treatment for Well 1. The Sanítary Survey in September 2011required the water system to submit treatment plans for Well 1 by October 31,

2011.To date, a plan has not been submitted.

Water systems may apply for a nine year waiver of a secondary MGL if theconcentration of the constítuent is not greater than three times the secondary MCL

3.

(S64449.2). However, the average of the quarterly manganese and iron samplescollected January 2009 through present show the manganese and ironconcentrations are greater than 3 times the secondary MCL; therefore treatment isrequired.

lron and nese Results

Below are the calculations for the quarterly average of iron and manganese. Theaverage concentration for iron is 5,472.5 ug/L and its MCL is 300ug/L. This is lessthan three times the secondary standard. However, the average for manganese is502.5 ug/L, which is greater than three times the secondary MCL (50ug/L).

lron: (920 + 4,960 + 1,710+ 14,300) / (4 quarters) = 5,472.5 uglLMansanese: (41O + 44O + 410 + 750) / (4 quarters) = 502.5 ug/L

Failure to Protect Well I From Contarninat¡onDuring the 2011 Sanitary Survey, unhygienic conditions were documented at Well1. To date, CDPH has not received proof that the holes in the well and the birdfeathers at the well site have been addressed.

Failure to Utilize NSF approved chlorineAll chemicals added to a water systems must be certified' as meeting thespecifications of NSF (564590). Esterina purchases it's chlorine from HomeDepot; the water system must purchase NsF approved chlorine for watertreatment.

Failure to Sample for Perchloratelf perchlorate is not detected, groundwater sources are required to be sampledtriennially for the chemical. The sample was due by october 31,2011. To date,sample data has not been submitted to CDPH.

4.

5.

Well 1

Well 1

Well IWell 1

Well 1

Well 1

Well 1

Well IWell 1

Well IWell 1

: So¿lrce

06t2312009

..Sàmble Date;.i:

091301201106116t201103t22t201112t0912010091151201006125t201003115t201012t09t2009

03110/200901t13t2009

14,3001.7104,960920500

1.840710590

'1 ,1901,090590

;,Md nsa niëse Rè su lt: fu o/L)

750410440410400410430400420430430

I2

.)

4

5

6

7

B

9

10

IIL2

I5

L4

15

16

L7

t8

I9

20

2l22

23

24

2õ

26

27

6. Failure to Pav Water 9,perjtlnq FeesEsterina has failed to pay their water operating and enforcement fees for the fiscalyears of 2005-2006, 2006-2007,2007-2008 and 2008-2009, 2009-2010 and 2010-2011. ln total, the water system owes $3,632.80

7 Failure to Maintain a Minimum Pressure and Ghlorine Residual at all TimesRecent complaints from residents served by Esterina Properties initiated a seriesof site visits by CDPH. The complaints included low pressure, no chlorine residualat times and several water outages.

CDPH considers a residual below 0.2 mg/L as non-detectable; indicating thedistributíon system has inadequate chlorine. When water systems choose tochlorinate, the distribution system must have detectable chlorine resíduals at alltimes. Chlorine is an efficient disinfectant when properly used but ineffective ifoperated improperly. Since the well at Esterina is equipped with a chlorinator, theabsence of a chlorine residual indicates improper operation of the water system.Esterina personnel shall make the appropríate changes to the piping, chemicalpump or wiring to ensure the distribution system has a chlorine residual at all

times.

DIRECTIVES

Esterina will continue to be cited monthly for failure to comply with the directives of thiscitation. The Department charges $126/hour for the preparation of each citation. Esterínais hereby directed to take the following actions. Please send CDPH a copy of:

1. Sample results for VOCs and SOCS.

2. Sample results for perchlorate.

3. Proof of NSF approval for the chlorine.

4. Photos of the well site improvements.

5. Treatment plans for an iron and manganese treatment system.

Please Submit Responses to:

Kurt Souza, P.E.District EngineerDepartment of Public HealthDrinking Water Field Operations Branch1180 Eugenia Place, Suite 200Carpinteria, CA 93013@

COURT PAPERSTAÍE OF CALTFORNIA5TÞ. I l3 (REV,3-9s)

osp go tosz¿ m€z

CIVIL PENALTIES

Sections 116650 (e) (3) of the H&S Code authorizes the assessment of a civil penalty forfailure to comply with the requirements of the California Safe Drinking Water Act. Thesesections specifically define penalties for failure to comply with any citation or order issuedfor noncompliance with any department regulation or order.

Esterína has failed to comply with the following directives specified in their permit,preceding citations and Sanitary Survey Letters:

1. Failure to Sample for VOCs and SOCS.

2. Failure to Provide Treatment for lron and Manganese.

3. Failure to Protect Well 1 From Contamination.

4. Failure to Utilize NSF approved chloríne.

5. Failure to Sample for Perchlorate.

6. Failure to Pay Water Operating Fees.

7. Failure to Maintain a Minimum Pressure and Chloríne Residual at all Times.

For failure to comply with these directives, Esterina can be fined an amount not to exceed$50 (fifty dollars) per day for each day these violations contínue beyond the datesspecified for correction in the citation.

Failure to comply with any provision of this citation may result in the Department imposingan administrative penalty of not less than $50 (f¡fty dollars) per day as of the date ofviolation of any provision of this citation.

lolR , I ttDate / / Kurt Souza, P.E.

District Sanitary EngineerSanta Barbara Distríct (DWFOB)

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",ll@llCOURT PAPER IISTÀIË OF CALIFORNIÂ II

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STATE OF CALIFORNIADEPARTMENT OF PUBLIC HEALTH

IN RE: Esterina Properties601 Alameda Padre SerraSanta Barbara, CA 93103

TO: Ms. TeriTuason, Owner

WATER SYSTEM NO: 5602101CITATION NUMBER: 04-06-l I c-046

Section 116650 of Chapter 4, Parl12, Division 1O4 ot the California Health and SafetyCode (H&S Code), authorizes the issuance of a Citation for failure to comply with therequirements of the California Safe Drinking Water Act, or any regulation, standard,permit or order issued hereunder.

VIOLATION

The California Department of PublÍc Health, Drinking Water Field Operations Branch(CDPH) hereby issues a Citation to Esterina Properties (Esterina) for the followingviolation(s):

1. Failure to Sample forVOCs and SOCSWater systems shall collect a minimum of one sample from every source every sixyears. The last VOC sample collected at Well I was in 2004. The next sample is

past due.

2. Failure to Provide Treatment for lron and ManqaneseA citation dated September 2008 (Citation 04-06-08C-032) directed Esterina toprovíde treatment for iron and manganese removal and to hire an engineer todesign a treatment removal system. On several occasions, CDPH has haddiscussions with, researched and forwarded potential treatment information toEsterina about designing and installing treatment to resolve the iron andmanganese issue. 'The water system was required to submit engineered plansand a course of action to CDPH for approval by January 1, 2009. Then, a citationissued in February 2009 required Esterina to provide a plan for iron and

manganese treatment for Well 1. The Sanitary Survey in September 2011required the water system to submit treatment plans for Well 1 by October 31,

2011.Io date, a plan has not been submitted.

Water systems may apply for a nine year waiver of a secondary MCL if theconcentration of the constituent is not greater than three times the secondary MCL

3.

4.

5.

(564449.2). However, the average of the quarterly manganese and iron samplescollected January 2009 through present show the manganese and ironconcentrations are greater than 3 times the secondary MCL; therefore treatment isrequired.

lron and Man ese Results:

Below are the calculations for the quarterly average of iron and manganese. Theaverage concentration for iron is 5,472.5 ug/L and its MCL is 300u9/L. This ís lessthan three times the secondary standard. However, the average for manganese is502.5 ug/L, which is greater than three times the secondary MCL (50ug/L).

lron: (920 + 4,960 + 1,710+ 14,300) / (4 quarters) = 5,472.5 ug/LManoanese: (410 + 440 + 410 + 750) / (4 quarters) = 502.5 ug/L

Failure to Protect Well I From ContaminationDuring the 2011 Sanitary Survey, unhygienic conditions were documented at Well1. To date, CDPH has not received proof that the holes in the well and the birdfeathers at the well site have been addressed.

Failure to Utilize NSF approved chlorineAll chemicals added to a water systems must be certified as meeting thespecifications of NSF (564590). Esterina purchases it's chlorine from HomeDepot; the water system must purchase NSF approved chlorine for watertreatment.

Failure to Sample for Perchloratelf perchlorate is not detected, groundwater sources are required to be sampledtriennially for the chemical. The sample was due by October 31,2011. To date,sample data has not been submitted to CDPH.

Well 1

Well 1

Well 1

Well 1

Well 1

Well 1

Well 1

Well IWell 1

Well 1

Well 1

'i:Sãîtplëi Date:ir:

09130t201106116t201'.1031221201112t09t2010091151201006t25t201003t15t201012109t200906123t200903110120090111312009

14.3001,7104,960920500

1.840710590

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@COURT PAPERSTATE OF CALIFORNIAsTD. I l3 (REV.3-95'

osP s8 10921 ffi.lrq=izã

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Failure to Pav Water Operating FeesEsterina has failed to pay their water operating and enforcement fees for the fiscalyears of 2005-2006, 2006-2007, 2007-2008 and 2008-2009, 2009-201 0 and 2010-2011. ln total, the water system owes $3,632.80

Failure to Maintain a Minimum Pressure and Chlorine Residual at all TimesRecent complaints from residents served by Esterina Properties initiated a seriesof site visits by CDPH. The complaints included low pressure, no chlorine residualat times and several water outages.

CDPH considers a residual below 0.2 mglL as non-detectable; indicating thedistribution system has inadequate chlorine. When water systems choose tochlorinate, the distribution system must have detectable chlorine residuals at alltimes. Chlorine is an effícient disinfectant when properly used but ineffective ifoperated improperly. Since the well at Esterina is equipped with a chlorinator, theabsence of a chlorine residual indicates improper operation of the water system.Esterina personnel shall make the appropriate changes to the píping, chemicalpump or wiring to ensure the distribution system has a chlorine residual at alltimes.

DIRECTIVES

Esterina will continue to be cited monthly for failure to comply with the directives of thiscitation. The Department charges $126lhour for the preparation of each citation. Esterinais hereby directed to take the following actions. Please send CDPH a copy of:

1. Sample results for VOCs and SOCS.

2. Sample results for perchlorate.

3. Proof of NSF approval for the chlorine.

4. Photos of the well site improvements.

5. Treatment plans for an iron and manganese treatment system.

Please Submit Responses to

Kurt Souza, P.E.District EngineerDepartment of Public HealthDrinking Water Field Operations Branch1180 Eugenia Place, Suite 200Carpinteria, CA 93013

CIVIL PENALTIES

Sections 116650 (e) (3) of the H&S Code authorizes the assessment of a civil penalty forfailure to comply with the requirements of the California Safe Drinking Water Act. Thesesections specifically define penalties for failure to comply with any citation or order issuedfor noncompliance with any department regulation or order.

Esterina has failed to comply with the following directives specified in their permit,preceding citatÍons and Sanitary Survey Letters:

1. Failure to Sample for VOCs and SOCS.

2. Failure to Provide Treatment for lron and Manganese.

3. Failure to Protect Well 1 From Contamination.

4. Failure to Utilize NSF approved chlorine.

5. Failure to Sample for Perchlorate.

6. Failure to Pay Water Operating Fees.

7. Failure to Maintain a Minimum Pressure and Chlorine Residualat allTÌmes.

For failure to comply with these directives, Esterina can be fined an amount not to exceed$50 (fifty dollars) per day for each day these violations continue beyond the datesspecified for correction in the citation.

Failure to comply with any provision of this citation may result in the Department imposingan administrative penalty of not less than $50 (fifty dollars) per day as of the date ofviolation of any provision of this citation.

i/h-? ) ¡*,,,Date / ' Kurt Souza, P.E.

District Sanitary EngineerSanta Barbara District (DWFOB)

RESOURCE MANAGEMENT AGENCY

county of ventura

Exhibit 5

Country Sunshine MH Park

éãtrê Reduction Petition

SENT CERTIFIED MAIL: 7009 14100æ24287 OO27

February 14,2012

Esterina Tuason601 Alameda Padre SenaSanta Barbara, CA 93103

subjecû service Reduc-tion Petition Received from Homeowners at countrySunshine.nfo¡¡le Horne Park; Unauthorized Rents Problem (Second

Notlce)

Dear Ms. Tuason:

RRB hearing to be held in MaY 2012.

, and

on ine rent Your Park is able to chaqe itsthe hoineo'i,ner group must demonstrate

operation of the Perk."

@

Planning DivisionKimberly L. Prillhart

Director

800 South Vlctoria Aven i4-2481 Fex (805) 654'2509

&

February 14,2012Page?oÍ4

that they have attempted in good faith to resolve the dispute through the mediationprocess as set forth in Resolution No. RRB 97¿87, Administrative Rules GovemingService Reduction Proceduresfor Sec{ion 6 (0 (Attachment 2)-

County staff has met with homeowners in your park on several occasions to discuss thefotlowing alteged problems: substandard water quality; limited water pressure; unsafeelecfical conrpdions; intermittent porer outages; gray water leaking onto the property

from tlre neighboring prçerty; improper drainage d septic systems; unstable property

linefence alóng Dt¡fãu Road in a state of disrepair; and, a general lack of overallmaintenance of tne park, s,rch as the presencê of wergrown trees located above and

teaning on mobile homes causing a potentialfire hazard, cracked and raised pavement

causing poterrtialflooding proÞlems, and the mobile home parKs information board

being in disrepair (falling apart).

Based on the above, Franca Rosengren and I (staff of the RRB) and Rita Vrtis and SamDuggan (statr of the Cornty of Ver¡tura Code Compliance Division) conduded a siteinsþeaioir of your propertyon January 17,2012, to confirm üre alleged reduction in

housing servióes dt Còuniry Sunshiné. As a result of that inspe.ction, on January 23,2012, Õounty std submitted a complaint to the Califomia Stats Flousing andÇommunity Ówebpment Depaûnent for possible violations of lhe Health and SdetyCode and TTfle 25, Mobile Home Parks and lnstallations. (Attachmenf 3.)

Accordirp to the homeqnmeru, they hare alerted the park manæer and you, on seirenal

occasionl to some or all of the abore rúerenced issuee to no arrail. Purs¡rant b theOrdinance, when park management rEfuses to participate in the mediatíon Prooess orattempts tó mdie¡ie with both paties participating in goodfalth prwe unsr¡ccessful, theRRB ur¡ll caþndar and conduct a public hearing at wlrich the homeowners' petition shallbe considEred. At tfie public hearing, the RRB may make afinding that there is asignificant, pe,rmanently reduced housinghãs been àisrupteo for an unreasonabte I all

establish a dollarvalue amount for the sarvrents colladed on the site.

To participate in the mediation process, which will entail good faith person.to.'peßondis¿ussiohs between you, the homeowners, and a neutralthird party, Ple99e contacfFranca Rosengren, RilB stdf administrator (contact irf,ormation provided belov), within14 days of the date cf this letter. toparticþate in the mediation proce n thatiaauai basis. The pubtlc hearing will be 2 atthe Coung of Ventrjna Gorenrment Center, Hall of Adminishation Building at 1:00 p.m.

Regardleó of your participation in the mediation prgoess, if the issues ¡aisad by thenomeowners áre ndt sat¡gactorily resolved, the RRB public hearirp will be conducted

on the homeowners'seryiæ reduction petition.

February 14,2012Paç3of4

ln addition, please note that on November 15, 2011, I sent you a letter informing you

th€¡t at had óme to the County's attention that you have served the homeowners with a

90day Notice of Rent lnsease sÍ 15% allegedly to be sffective January 1,2012,withoút apprwal of the RRB. After comparing the cr¡nent rent amounts from eachhomeownèr with ths 2OO3 approved rent schedule (the last County apprwed rentsdredule), I noticed that there are notable discrepancies between yoqr Notiæ and the

approred rent scfredule. These discrepancies need to be resolved within 14 days toavoid further adion.

According to the Count¡/s records, you were notified on Oc'tober 23, 2(X)0, by Countygtatr (K¡m Hocking) of üre approved rgnt amounts for each gPacg under rent confol, andthen u¡ere notif¡ed

'again by'l,iJm Hocking, on January 8,2Co.7, qf these same approred

rent amounts.

Please be advised that pursuant to Seclion l8 of the Ordinance, yourwillfulviolation ofany ol the prwision a criminal misdemeanor and yoq maybeiound gir¡lty * a every day or portion thereof duríngurh¡ch any violation of the proyisions d ttre Ordinmoe are cornmitted, continued, or

ærmitted by you. Your chargirB rent at rates not approved by the RRB wouldconstitute such a criminal violation.

To prwent the refeflal of this case to the DisrictAttorney's Ofriceforfurther review ofpossible violations d üæ Ordinmæ, please contad Franca Rogengren.within 14 daysk t¡e date of this letterto discr¡ss and resolve the space rent amount d¡screpancies.

Please be ad'vised that pr.rrsuant to Section 13 qf the Ordinance, Tenant's RightRefusat, tenants (residents/tromeorners) may rdlse to pay any increase in rcnt whichyou have itnposeà that is in violdion of the Ordlnance. Please recognize that, in your

äase, any inôrcase in spaoe rent is in violation of the proì/¡s¡ons of thls ordinance and

that in orderfor a rent iircrease to be decilive, the conec[ rent increase applicationmust first bo filed with Franca Rosengren, st# to the RRB, and then approred beforeyou can clrarge any rent increase.

Finaffy, Sec-tions 14 and 15 of the Ordinance protect residentsfrom retaliatory_wiction.A tenãnfs rEfusal to pay an unappro\red rent increase imposed by yot¡ is a defenss toany court action ¡roügtit by you to reco\rer possession of a mobile home space or to

collect the unpaid rent incrEase.

Ptease refer to the Planning Division website at www.ventura.org/planning, Planningprograms, Mobile Home Psk Rent Gonhol, formore information pertaining totheVenlura County Mobíle Home Park Rent ControlProgram.

February 14,2012Page 4 of4

I urge you to immediately contad Franca Rosengren, RRB st#f administrator, at (805)65+2C/;S or via e+nail at [email protected] regarding the items mentionedabore. I can be contacted directly at (805) 654'-2464.

Sincerely,

ManagerPlanning Prqrams SectionVentura County Planning Division

c: Country Sunshlne FlleResidents of the Country Sunshlne Mobile Home ParkSupervisor Kathy Long - Dlstict 3Liz Camercn, Venftrra Corrnty Resoule Management Agency, Gode ComplianceDivision SupervieorJames M. \Mnn, Depadment of Housing ard Community Deveþpment Divislon dCpCetand SlandardsChris Stephens, Ventura County Resource ManagementAgensy DlrectorKimberly Prillhart, Ventura Gounty Resou6e ManagementAgency, Planning Director

Attachment l: Ventr¡na Coun$ Mobile Home Paft RentConüolOldinance No.4f)66Attæhment2: Resolution No. RRB g7-2t7AttachmentS: Gomplaint to the Calibmla StatE Hor¡sirrg and Community Eeveþpm€nt

Department

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Exhibit ICountry Sunshine-MH ParkService Reduction Petition

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Service Reduction Petition

Country Sunshine MH ParkService Reduction Petítion

STATE OF CALIFORNIA -BUSINESS, TRANSPORTATION AND HOUSING AGENCY

DEPARTMENT OF HOUSING AND COMMUNIry DEVELOPMENlDTVISION OF CODES ANO STANDARDS

ACTIVITY REPORT

DEPARTMEilT UAE OflLY

FILE IDENTIFICAT|ON:

cpr/ASstGNMENT# MP12-0089

FAC. ID# 56-0001

LABOR DATA:

oR fD 003 oa¡e 413/12

pcw¡cr coce MP-CPT qnEA S

^ô 5;6 rôc MILES-

Da"-4l3ll2 Report by Nick Alexakis (818) 262-8268

Address

Adivity Site (if otherthan above) Comtry Srmshine Park

3735 DUFAU RD. O)O.IARD. CA 93030

Owner (lf dtìerthen abo/o) Esterina Tauson

Address 601 Alameda Padre Serra. Santâ Barbata. CA 93103

H

Type of Unit_ Box

Manufâclur€r, Ysär and Modål

AREA OFFICES

F-'l ¡r¡orthcm Area9342 Tech Center Dr.

Sulte 55OSacEmento, CA95a26-25sTel. (916) 2S5-25o1

Isouthem-Area3737 Maln StftetSull€ ¡l(þRveFlcle, CA 92501fel. (951) 7A2442O

TIME: INSP/A R

PURPOSEOFREPORT: (Ch.d(êd(V )ârtpproprirtr)INSPECTION RECORD ONLY

INFORMATION ONLY

NOTIGE OF VIOI-ATION AND REI-ATEO INFORMATION: This report provides notice

INSPECTION DATA:

firtue neeonr orulvE¡rurr¡r rNspEcroN Inernspecro¡¡#HoME/uNm 8 #FLooRs I

VIOLATION DATA:

ToTAL 3 MPTENANT-S F El M P1G/O-I_NP-

MH ALTERATION TYPE:

AcD AocE noor! rp E o !THIRDPAFITY MONITORIN9:

aa,a.exaE lpE DL0 EDDAúA #PIJANS #CoMPLY-

MP INSPECTION DATA:

BLG/FIX MH LOT 8 NV IOT AS-

EH INSPECTION DATA:

E ecr¡ve E t¡¡¡crtveMAXCAP- PCAP- OCC-sFo- DoRM- MH/RV- O_

of violatiom of ths Califomia Health and Safety Code, Divlsion 13 or the Califomla Code of Reguhtions,Trtle 25, Efivision 1, Chaplør

-1, Sec{ions indicated. Copies of tho regulations may b€ obtained from

Barcla¡æ Law Publishers, P. 0. Box 3066, Sodh San Francisco, CA 9408$3066.

Violations ¡ndicated shall be conected and a writûsn requêst for further inspec{ion filed with üle Area Officeindicated above on or bofore The request for inspec,tion shall beaccompanied by a minimuñ fee of $

A permit strall be obtained from lhe Area Olfrce klenlilied abo/e for vvork to cor€d itêm(s) *

-

lf you believe this rêport has been isg¡ed in enor or is factr.¡alv ¡nconêct, please contact the AreaSupervisor atthe Area Ofrce indicated above.

INSPECTED UN¡T I DENT¡F¡CATION: coL#

ClÉreil Ff DælrNsæfrtoN

IÑNÀ

HUD TABEL or HCD lßlgnh OfrER

gerÉl No orv. IATTACHED FEE I.D.-

RESULTS

Continued an investigation into complaint MPl2-0089 as authorized by HCS 1840 at the above listed location. GConfreras CSA1 was present during the investigation. The following violations Ìvere noted:E-l Trees were over-glown with branches that may cause physical damage to overhead electric conductors in

violation of Title 25CCR $1134(b).P-1 Open park sev/er inlet at lot 6 in violation of Title 25CCR $1254(b)'G/O- I Rubbish scattered throughout the park in violation of Title 25CCR $ I 120.

The park owner/operator shall conect the violations within 30 days and call for reinspection.

Failure to comply \Mith this corïection order shall be considered willful violation of the Mobilehome Parks Act. Anywillful violation is a misdemeanor undeî Health and Safety Code $ 18700.

RECEIVED BY

FEE ACCOL'NTING:

TITLE

ÆD DUE^frÄ@

DEPARTMENTAL USE ONLY: Ac{ion: nf] Enror".t"ntAc-tion t¡eeded nSEND coPlEs To: ! n""ipi"nt

Clos€ File

OYvnet

Reinspec'tion Required Progress I nspec.tion Requlred

flot uSAA Olher

SUPERVISOR RHCD6t (Rev.oo.,Eû)

DATEI of _l__

Exhibit 13

Country Sunshine MH ParkService Reduction Petition

Olher

nCOPIES SENT BY

TJA(jts,

osP 02 663()2

RECORDED AT THE REQUEST OF ANDRETURN TO:

CO{.INTY OF VENTURARMA-PLANNTNG DIVTSION800 S. Victoria AvenueVentura, CA 93009

"NO FEE REQUIRED"(GOVT.CODE SEC.6 I 03 &. 27 383)Recorded for the beneht of the

Customer ¡¿¡s VENTURA COUNTY PLANNING DIVISION

Barch # 2IS3g3Date: 06/24/200g Time: l2:03:03pM

Doc. Type lnstrument No

LIEN 20080624-00099556-0

County of Ventura

Authorized Signature

SPACE ABOVE TÍ{IS LINE FOR R-ECORDER'S {'SE

COUNTY OF VENTURARESOURCE MANAGEMENT AGENCY

Planning Division - Enforcement800 South Victoria AvenueVentura, California 93009

(805) 654-2805

THIS IS TO NOTIFY YOU THAT A CIVL ADMTNTSTRATTVE PENALTYLTEN HAS BEEN FTLED WITH RESPECT TO REAL PROPERTY

CERTIFICATE OF CTVIL ADMINISTRATIVE PENALTY LIEN

Date of Recordation: June24,2008

I, BRUCE SMITH, Acting Planning Director, in compliance with the provision of Government Codesection 53069.4 and County of Ventura Non-CoastalZoning Ordina¡rce section 8l 14-3.6 et seq. andVentura Counfy Board of Supervisors Resolution No. 222 (lI-2I-06), certify that there are on recordunpaid civil administrative penalties as a result of Notices of Violations issued on the subject propertylisted below. These civil adrninistrative penalties were duly assessed, calculated and imposed in theamount(s) set forth below and are against the property named herein located within County of Venturafor said amount(s). In addition, as specified in the Notice of Civil Administrative Penalty Lien,further civil penalties will accrue at a rate of $925.00 per day since November 2007.

Violation Case No. ZV07-0260 Property Address: 3735 W. Dufau Road, Oxnard, CA

Assessor's Parcel Number(s) : 218-0-082-040

Current Owner(s) of Record: Esterina B. Tuason601 Alameda Padre Serra, Santa Barbar4 CA 93103

Exhibit 14


Service Reduction Petition

zv07-0260lune24,2008Page 2 of2

From the time of recordation of this certificate, this lien has the force, effect and priority of a judgment

lien which may be collected at the same time and in the same manner as property taxes are collected.

The amount required to be paid as shown herein together with all accrued civil administrative penalties

thereon will constitute a lien upon the specif,red real proper[y.

COLI'NTY OF VENTURABy Kim RodriguezDirector, P lanning Division

Byt72 "--

Bruce Smith, ManagerGeneral PlansPlanning DivisionCounty of Ventura

STATE OF CALIFORNIA ))SS

COLJNTY OF VENTURA )

On 2008, before me, Susan R. Ca¡roll, Notary Public, personally appeared Bruce Smith, who

provedto meon the of satisfactory evidence to be the person whose name is subscribed to the within instrument

and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the

instrument the person or entity upon behalf of which the person acted, executed the instrument.

I certiff under PENALTY OF PERruRY under the laws of the State ofCalifornia that the foregoing paragraph is true

and correct.

MTNESS my hand and offrcial seal.SIMNR. CARROU

Commbslon # 14976E5!.lolory Rdrllc - Co$omb

Venturo Countylvly Comm. E:pûes Ju{ l. 2008

Notary Public

RECOR-DED AT THE REQUEST OF ANDRETURN TO:

COUNTY OF VENTURARMA-PLANNING DIVISION800 S. Victoria AvenueVenhrra, CA 93009

"NO FEE REQUIRED"(GOVT.CODE SEC.6 I 03 & 27 383)Recorded for the benefit of theCounty of V

Authorized Signature

Customer ry¿¡ns VENTURA CoUNTy PLANNING DIVISION

Batch # 215394

Date: 06/2412008 Time: l2:05:54PM

Doc- Instrument NoLIEN 20080624-00099557_0

SPACE THIS 'S USE

COUNTY OF VENTURARESOURCE MANAGEMENT AGENCY

Planning Division - Enforcement800 South Victoria AvenueVentura, Califomia 93 009

(805) 654_2305

THIS IS TO NOTIFY YOU THAT A CÍVTL ADMINTSTRATIVE PENALTYLIEN HAS BEEN FILED WITH RESPECT TO REAL PROPERTY

CERTIF'ICATE OF CIVIL ADMINISTRATIVE PENALTY LIEN

Date: June 24,2008

I, BRUCE SMITH, Acting planning Director, in compliance with the provision of Government Codesection 53069-4 and County of Ventura Non-Coastal Zoning Ordinance section 8l 14-3.6 et seq. andVentura County Board of Supervisors Resolution No.222 (IL-21-06\, cerriff rhar rhere are on recordunpaid civil administrative penalties as a result of Notices of Violations issued on the subject propertylisted below. These civil administrative penalties were duly assessed, calculated and imposed in theamount(s) set forth below and are against the propeúy named herein located within County of Venturafor said amount(s). In addition, as specified in the Notice of Civil Adminisúrative Penalty Lien,further civil penalties will accrue at a rate of $1,125.00 per day since N ber 26,2007.

Violation Case No. ZV03-0051 Property Address: 3705 W. Dufau Road, Oxnard

Assessor's Parcel Number(s): 218-0-0g2-030

Current Owner(s) of Record: Esterina B. Tuason601 Alameda padre Serra, Santa Barbara, CA 93103


zv03-0051June 24, 2008PageZ of2

Fróm the time of recordation of this certificate, this lien has the force, effect and priority of a judgment

tien which may be collected at the same time and in the same manner as property [axes are collected-

The amount required to be paid as shown herein together with all accrued civil administrative penalties

thereon will constitute a lien upon the specified real property.

COUNTY OF VENTURABy Kim RodriguezDirector, Planning Division

By-z/) _*...*

Bruce Smith, ManagerGeneral PlansPlanning DivisionCounty of Ventura

STATE OF CALIFORNTA )) SS.

COUNTY OF VENTURA )

On Z before me, Susan R. Carroll, Notary Public, personally appeared Bruce Smith, who

provedto me onthe ofsatisfactoryevidence to be the person whose name is subscribed to the within instrument

and acknowledged to me that he executed the same in his authoiized capacity, and that by his signature on the

instrument the person or entity upon behalf of which the person acted, executed the instrument.

I certi$ under PENALTY OF PERruRY under the laws of the State of California thatthe foregoing pamgraph is true

and correct-

WITNESS my hand and ofhcial seal.

(Seal)

otary Public

Resolution No. RRB 97- 287

.Å re.solulit¡tt ofthe I''entura Couniy Ìvtohile Home Park Rent Review Boarcll".s'tuhli.¡hitryl ,ldmintstralive futles Gov'erning Service llrduction Procedures.for Section 6 (/)

Pursuant to Section ó (Ð a rent increase may occur when significant housingservices are permanently reduced or disrupted for an uffeasonable lengh of time without acorresponding reduction in the dollar amount of the space rent. [t is the specific intent oltheOrdinance to prohibit such indirect rent increases,

I'he lollowing definitions and steps shall be followed to implement Section ó (f):DEFTNITIONS:

l. ùf ediation process includes good faith person to person discussionbetween the park owner, tenants and an neutral third party. The neutral party must state inwriting the results of the mediation for the Rent Review Board examination.

2. Homeowners means spaces in a park, in other words, one vote perspace.

3. specific enumerated means a detailed, written description of theservice reduction in the application form, as opposed to a list of services in the park in questionwhich h¿s been prepared in advance of consideration.

4. Affected means those spaces in the park coming under the purview ofthe Ordinance and which are not eiempted from its authority. However, it may also mean alimited, geographic area of a park, ie a flooded corner of the park. These will be evaluated on acase by case basis by the Board.

STEPS:l. A majority of affected homeowners must concur in writing that a

specific enumerated reduction in service has occurred.2. The majority/or designee have attempted in good faith to resolve the

dispute through the mediation process, anda. Park management has refused to participate in the mediation

process, orb. The attempt to mediate with both parties participating in good

faith was unsuccessful.3. If step 2 conditions are true, then a petition to the Rent Review Board

containing a written statement of the results of the mediation, may be made. After review oltheevidence the Board may make a finding that there is a significant, permanently reduced housingservice, or that a significant housing service has been clisrupted for an urueasonable length of time

4. Ifthis finding is made in the affirmative, and the matter remainsunsettled, no Section 6 application may be processed.

a. At this time however, the Board shall establish a dollar valueamount for the service reduction. If the owner agrees with this amount and the tenants are still indisagreement, then the Board shall then approve the pending Section 6 application.

>l¡l ;l

Exhibit 16Country Sunshine MH

i

ParkService Reduction Petition

b. Factors to be considered in making a tìnding:l. Normal wear and tear of the common area facilities / and

or the mobile home space does not constitute a service reduction2 ¡\ny reduction which results in a cost savings to the

parkownerl. The area aflected4. The length of time5. The degree of discomlbrt6. The extent to which the reduction causes the rental

unit(s) to be uninhabitable7. The extent to which the reduction causes a material

reduction in the usability of the park.S.Other factors deemed relevant

5. The petition to the RRB must be ñled prior to the owner's submittal of a

completed Rent Application fbr the cunent year, otherwise the issue will be defèrred to rheensulng year

æ.L/r<Settle, hair entura County Mobile Home Park Rent Review Board

V,;H¿Kirn Hocking, Progfam Staff

Date Signed q

Attest:

¡nlh,ami, ResoServ revised 4; [ 4¡97

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