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Home My WebLink About26-City Attorney CI!Y OF SAN BERNAFINO - REQUEST FCW COUNCIL ACTION From: James F. Penman, City Attorney Subject: An Ordinance of the City of San Bernardino Amending Section 8.90.050.E. of the San Bernardino Municipal Code Relating to Notice to the City of Long Term Leases Entered into by Mobile Home Owners Dept: Ci ty Attorney Date: December 22, 1993 3ynopsis of Previous Council action: Chapter 8.90 adopted by MC-726 Amended by MC-829, MC-827, MC-865 Recommended motion: Waive further reading and layover for final adoption. ^, ~~-'27"""'" -.? J t. ]:./)"'""""- Signature I " ~ Denn~s A. Barlow 5255 Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct, No,) (Acct. DescriPtion) Finance: ~ouncil Notes: 75-0262 Agenda Item No. ,:( to CIJ'V OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION STAFF REPORT state law and the San Bernardino Municipal Code both require landlords at mobilehome parks to offer a prospective tenant a rental agreement for a term of 12 months or less. The tenant must also be provided with a copy of the Mobile Home Park Rent Stabilization Ordinance and be informed that if the tenant signs a lease witp a term in excess of 12 months that the agreement may not be subject to the terms and protections of the ordinance. The concern has been expressed that despite these protections some prospective tenants are not receiving this information. This makes the right to cancel the agreement within 72 hours a hollow one. At the direction of the Council the attached amendment would require that within 48 hours of the execution of an agreement with a term in excess of 12 months that the landlord notify the Mobile Home Director in writing of that fact with all pertinent information. 75-0264 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.050. E. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NOTICE TO THE CITY OF LONG TERM LEASES ENTERED INTO BY MOBILE HOME OWNERS. ' THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection E of Section 8.90.050 of the San Bernardino Municipal Code is hereby amended to read as follows: / / / / / / / / / "E. Before any rental agreement or lease agreement in excess of 12 months is executed by an existing or prospective tenant the landlord must (1) offer the tenant the option of a rental agreement for a term of 12 months or less, (2) provide the tenant with a copy of the Mobile Home Park Rent Stabilization Ordinance, and (3) inform the tenant both orally and in writing that if the tenant signs a lease agreement or rental agreement with a term in excess of 12 months, the lease agreement or rental agreement may not be subject to the terms and protections of the Mobile Home Park Rent Stabilization Ordinance. Wi thin forty-eight (48) hours of the execution of a lease agreement or rental agreement with a term in excess of 12 months, the landlord shall notify the Director in writing of execution of said agreement, including the name, address and telephone number of the tenant." 1 DAB/js [Leases.Ord] December 22. 1993 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . AN ORDINANCE... AMENDING SECTION 8.90.050. E. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NOTICE TO THE CITY OF LONG TERM LEASES ENTERED INTO BY MOBILE HOME OWNERS. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing Ordinance is hereby approved this day of , 1994. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: " ~ , L 7. ;" _.~ /' 'J' DAB/js ILeases.Ord) 2 December 22. 1993 Council Member Oberhelman made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Resolution No. 93-465 was adopted by the following vote: Ayes: Council Members Negrete, Curlin, Oberhelman, Devlin, Pope- Ludlam, Miller. Nays: None. Abstain: Council Member Hernandez . Absent: None. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At this time, the Mayor and Common Council, acting as the Community Development Commission, took action on Community Development Commission items. CITY CLERK RACHEL CLARK EXCUSED At 6 : 02 p.m. , City Clerk Rachel Clark left the Council meeting and was replaced by Deputy City Clerk Cordova. AMENDMENT - MOBILE HOME PARK RENT STABILIZATION ORDINANCE (RS-1) In a memorandum dated December 17 , 1993 , Timothy Steinhaus, Agency Administrator, Economic Development Agency, stated that in a memorandum dated December 16, 1993 , Council Member Hernandez requested that the Mayor and Council direct the City Attorney' s Office to prepare an amendment to the Mobile Home Park Rent Stabilization ordinance to require mobile home parks to inform the mobile home board within twenty-four (24) hours of any new rental agreements signed by the park. Council Member Oberhelman made a motion, seconded by Council Member Hernandez, and unanimously carried, that the Mayor and Common Council direct the City Attorney' s Office to prepare an amendment to the Mobile Home Park Rent Stabilization ordinance which requires mobile home parks to inform the mobile home board within twenty-four (24) hours of any new rental agreement signed by the park; and that the matter be brought back to the meeting of January 10, 1994 , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 26 12/20/93 EC O N O M I C D E V E L O P M E N T A G E N C Y OF THE CITY OF SAN BP;RNARDINO REQUEST FOR COMMISSION/COUNCIL. ACTION FROM: TIMOTHY C. STEINHAUS SUBJECT: AMENDMENT OF Agency Administrator MOBILE HOME PARK RENT DATE: December 17, 1993 STABILIZATION ORDINANCE ------------------------------------------------------------------------------••--------------------------------------------------------------- Svnopsis of Previous Commission/Council/Committee Actions; ----------------------------------------------------------------------------------•--------------------------------------------------------------- Recommended Motion(s): (Mayor and Common Council) Councilman Hernandez's Recommendation MOTION: That the Mayor and Common Council direct the City Attorney's Office to prepare an amendment to the Mobile Home Park Rent Stabilization ordinance which requires mobile home parks to inform the mobile home board within twenty-four(24)hours of any new rental agreement signed in the park. TIMOTHY C. STEI US Agency Administrator ------------------------------------------------------------------------------------------------------------------------------------------------ Contact Person(s): Timothy C. Steinhaus Phone: 5081 Project Arca(s): All Ward(s): All Supporting Data Attached: Memorandum FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A ---------------------•----------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: -------------------------------------------------------------------------------------------------------------------------- TCS:nml:rnitrent.cdc COMMISSION MEETING AGENDA MEETING DATE: 12/20/1993 r% Agenda Item Number: . } DE�-16-'83 THU 16:51 I U:CO'_AC I L OFFICE TEL 1-10:'329 38454]---2 4629 F01 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO. Timothy C. Steinhaus, Administrator, Economic Development Agency FROM: CrnmeilOfice SUBJECT: Amenduat;ru of MHP Rent Stabilization Ordinancc DATE: December 16, 1993 COPIES: Please place the following on the Community Development Commission Supplemental Agenda of December 20, 1993: MO'TI : That the Mayor and Common Council direct the City Attorney's Office to prepare an amendment to the Mobile Horne Park Rent Stabilization ordinance which requires mobile ho=parks to inform the mobile home board within twenty-four(24) hours of any new rental agreement signed in the park. RALPH HERNANDE Councilnun, Third RH.jv