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<br />tenant's right to remain - limitations on the ability of a mobile home
<br />park owner to terminate a tenancy; registration of mobile home parks -
<br />requires registration by each mobile home park with the Rent Review
<br />Commission; and liability for violations of the ordinance.
<br />Mr. Brown then discussed the legal aspects of the proposed ordinance,
<br />stating mobile home rent control ordinances have been sustained in the
<br />courts, even when they contain roll back provisions. Mr. Brown said
<br />under current law, the ordinance is valid, however, without a decon-
<br />trol provision, the ordinance may be subject to invalidation.
<br />City Manager Benest then read his memorandum regarding the proposed
<br />mobile home park rent stabilization ordinance, discussing the admini-
<br />stration of such an ordinance, costs involved, staffing, consideration
<br />of a rent control commission, the economic consequences, etc. Mr.
<br />Benest advised that currently Colton has seven mobile home parks and
<br />912 spaces in our City.
<br />Mr. Benest concluded should the City Council wish to pass a rent
<br />stabilization ordinance, Staff recommends the Council direct special
<br />legal counsel to make the following modifications:
<br />That the base year be established starting on November 1, 1986 - or
<br />some other appropriate date.
<br />That the administration of the rent stabilization ordinance be placed
<br />under the general direction of the Community Development Director.
<br />That the registration fees be established, making the administration
<br />of the rent stabilization ordinance completely self-supporting.
<br />That mobile home part owners be prohibited from passing on registra-
<br />tion fees to the tenants.
<br />That the final arbitrator of any disputes be the rent stabilization
<br />commission.
<br />Speaking in opposition to the proposed rent control ordinance were the
<br />following, stating the ordinance was unconstitutional, it could be
<br />challenged in court, and requested more studies be made in this regard:
<br />Mr. Clay Hage, Western Mobile Home Association, 3773 Tibbetts Avenue,
<br />Riverside.
<br />Mr. Robert S. Coldren, Hart, King & Coldren, 200 E. Sandpointe, St.400,
<br />Santa Ana.
<br />Ms. Hillary Willett, Glenneyre Management Co., 1891 S. Coast Highway,
<br />Laguna Beach.
<br />Mr. Robert Glass, 5027 Lakewood Dr., Lakewood.
<br />Speaking in favor of the rent control ordinance were the following:
<br />Mr. Alex Behm, Lake Cadena Mobile Home Park, 2851 S. La Cadena Dr.,
<br />Colton.
<br />David Philbrick, Lake Cadena Mobile Home Park, 2851 S. La Cadena Dr.,
<br />Colton.
<br />Mr. Wes Ford, 12175 13th Street, Yucaipa.
<br />Mr. Bruce Krueper, Reche Canyon Mobile Estates, 2751 Reche Canyon Rd.,
<br />Colton.
<br />Mr. James Mortensen, Rancho Mediterrania, 700 E. Washington, Colton.
<br />Mr. Joseph J. Mospan, Reche Canyon Mobile Estates, 2751 Reche Canyon
<br />Rd., Colton.
<br />Mr. Frank Rebollo, Lake Cadena Mobile Home Park, 2851 S. La Cadena Dr.,
<br />Colton.
<br />Mayor Gonzales announced the City Council will take a 5 minute recess.
<br />After discussion among Council Members, Staff and Legal Counsel, Mr.
<br />Brown stated the ordinance is clearly a valid ordinance and the City
<br />Council can do one of three things - pass Second Reading and adopt the
<br />ordinance in its present form, return the matter to Staff and make ap-
<br />propriate revisions, or take no action at all.
<br />Mr. Brown said he would like to recommend this matter be referred back
<br />to Staff and himself to study the ordinance further and make the appro-
<br />priate revisions, then bring it back to the City Council again for
<br />proper introduction.
<br />JAN 17 1989
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