HomeMy WebLinkAboutR06-Economic Development Agency
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o DEVELOl'MEBT DEPAlrn'luT OF THE 0
CITY OF SAlII BEIlIWIDIBO
REOUEST FOR COIlMISSIOlf/COUNCIL ACTIOlf
From: KENNETH J. HENDERSON
Executive Director
Subject:
AIIEIIIlIIDT TO CITY OF SAW
BEIlIWIDIIlO mBILEBOME IlEIIT
STABILIZATIOlf ORDIJIAlIICE
Date: July 9, 1991
Synopsis of Previous C~ission/Council/Committee Action:
2/13/91
Unanimous approval on February 13, 1991, an amendment to Chapter
8.90 of the San Bernardino Municipal Code relating to Mobilehome
Rent stabilization establishing a ten (10%) percent cap on space
rental increase at the time a new tenant purchases a mobilehome
already on site.
Recommended Motion:
(MAYOR AlfD COlltOlf COUBCIL)
FIRST READIlIG:
AW URGDCY ORDIJIAlIICE OF THE CITY OF SAW BElUlARDIIlO AMDDIlIG SAW BEIlIWIDIBO
MIlln:CIPAL COBB SECTIOWS 8.90.040 AlfD 8.90.050 RELATIlIG TO LOlIG rEllM LEASES UBDER
THE mBILE HOME PAn IlEIIT STABILIZATIOlf ORDIJIAlIICE, AlfD ESrABLISBIlIG THE URGElfCY
THEREOF.
That the Mayor and C~ Council waive further reading of the Ordinance and lay
over said Ordinance for fiual reading.
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Administrator
JUmlUiIIl J. BEllDERS
Developaent Depar
Contact Person: Ken Henderson/Jerrv Butler
5065/5081
Phone:
Project Area:
Ward(s): All
Supporting Data Attached: Staff Renort/Ordinance
FUNDING REQUIREMENTS:
Amount: $ N/ A
Source: N/A
Budget Authority:
.
Commission/Council lfotes:
COIlMISSIOR MEETIlIG
MEETIlIG DArE: 7115/91~
Agenda Item Ro.
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DEVELOPMEIIT DBPAJmounor.r
STAFF REPORT
Ordinance of the City of San Bel'Dllrdino
.uumding Chapter 8.90 of the San Bel'Dllrdino
Monici>>a1 Code re1atinR to Mobi1ehome Rent Stabilization
On February 13, 1991, the Mayor and Common Council, by unanimous vote, approved
an amendment to Chapter 8.90 of the San Bernardino Municipal Code relating to
Mobilehome Rent Stabilization. The intent of this amendment was to establish a
ten percent (10%) limitation on space rent increases the park owner could charge
to new tenants wishing to purchase a Mobilehome already on site.
Through the passage of SB132, it was intended that the present distinction
between tenants and prospective tenants would be eliminated. This would have
given new tenants the opportunity of month-to-month tenancy which would make the
ten percent (10%) cap a viable option. However, SB132 was changed in Committee
prior to its becoming law, thus not including this distinction. In conversation
with John Tennison a legislative analyst for the Senate committee on
Mobilehomes, the State Senate left to the local governments the responsibility
of enacting ordinances to protect its homeowners, which the city is
accomplishing through this amendment.
The amendment to the ordinance is being recommended by the Council
Housing/Mobilehome Committee with the intention of completing the necessary
process to make the ten percent (10%) cap on space rental a viable option, as
well as requiring the park owners to offer the option of a month-to-month rental
agreement within the City of San Bernardino.
Staff recommends that the Mayor and Common Council waive further reading of the
Ordinance and layover said Ordinance for final reading.
Director
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KJH:JB:kak:4038H
COMMISSION MBBTIIfG
Meeting Date: 7/15/91
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTIONS 8.90.040 AND 8.90.050
RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT
STABILIZATION ORDINANCE, AND ESTABLISHING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Subsection 0 of Section 8.90.040 of the San
Bernardino Municipal code is hereby amended to read as follows:
"D. 'Tenant' means any person entitled to
or proposing to occupy such mobile home
unit or space pursuant to an oral or
wri tten lease with the owner thereof, or
pursuant to some other rental agreement
with the owner, lessor, operator or manager
thereof."
SECTION 2.
Subsection E of Section 8.90.050 of the San
Bernardino Municipal Code is hereby renumbered as Subsection F.
17 SECTION 3. Subsection E is hereby added to Section 8.90.050
18 of the San Bernardino Municipal Code to read as follows:
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"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
DAB/ses/MobiHom3.ord
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July 3, 1991
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terms and protections of the Mobile Home Park Rent
Stabilization Ordinance."
SECTION 4. URGENCY. The Mayor and Common Council do hereby
find that pursuant to an unintended provision in SB 2009 (Chapter
1046 of the Statutes of 1990), some mobile home park owners were
requiring that prospective tenants execute long term leases in
order to move into the parks, thus taking such spaces out of the
protection of the City's Mobile Home Park Rent Stabilization
Ordinance ( San Bernardino Municipal Code Chapter 8.90) , and
severely limiting the housing options available to these
prospective tenants. By the passage of SB 132 (Chapter 24 of the
Statutes of 1991) the legislature eliminated this unintended
provision and allowed local jurisdictions to extend the protection
of their Mobile Home Rent Control Ordinances to these prospective
tenants as well. The Mayor and Common Council do hereby find that
it is in the best interests of the citizens of the City of San
Bernardino to assist those who are seeking housing in mobile home
parks to have every option available under the law. The Mayor and
Common Council do further find that many such tenants and
prospective tenants are elderly andlor on fixed means and need the
opportunity to protect their incomes. In order to protect the
public health, safety and welfare it is necessary that this
ordinance take effect immediately to insure ~that prospective
mobile home park tenants are not unnecessarily required to sign
long term leases without the full benefit of choice that the law
allows.
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DAB/ses/MobiHom3.ord
July 3, 1991
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1 AN ORDINANCE. . . RELATING TO LONG TERM LEASES UNDER THE MOBILE
HOME PARK RENT STABILIZATION ORDINANCE.
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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
, 1991, by the following vote, to wit:
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
of
The foregoing ordinance is hereby approved this
day
, 1991.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~~
DAB/ses/MobiHom3.ord
W. R. Holcomb, Mayor
City of San Bernardino
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JUly 3, 1991