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Item #3 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF December 18, 2001 <br />TO: <br />Honorable Mayor and City Council <br />APPROVAL: <br />Daryl Parrish, City Manager <br />FROM: <br />City Attorney <br />SUBJECT: <br />Amendments to the Colton Municipal Code concerning <br />Mobilehome Rent Stabilization <br />DATE: <br />December 18, 2001 <br />BACKGROUND: <br />It has recently come to City staffs attention that various provisions of the City's <br />Mobilehome Park Rent Stabilization ordinance, codified as Chapter 15.48 of the Colton <br />Municipal Code, need to be amended. As a result of changes in state law, certain <br />provisions of that ordinance are now in conflict with state law. <br />DISCUSSION/ANALYSIS: <br />The amendments that are proposed to be made to the Municipal Code are summarized <br />as follows: <br />➢ Delete Section 15.48.040(E), which provides that a prospective tenant is not required <br />to accept, as a condition of renting a mobilehome space, the terms and conditions of <br />a rental agreement in effect between a park owner and the existing tenant. This <br />amendment is necessary because of recent case law interpreting the Mobilehome <br />Residency Law, which provides that when an existing tenant assigns a rental <br />agreement to a prospective tenant, the prospective tenant is required to accept the <br />terms and conditions of that rental agreement until such agreement expires. Only then <br />may the prospective tenant renegotiate the terms of the rental agreement. <br />➢ Amend Section 15.48.680 to delete subsection (B) pertaining to the maximum term for <br />long-term rental agreements. Subsection B currently limits the term of long-term rental <br />agreements to five years. However, state law generally permits a park owner and <br />tenant to negotiate a long-term rental agreement with a term that is mutually acceptable <br />to both parties. Therefore, we recommend that this subsection be deleted. <br />➢ Amend subsection (C) of Section 15.48.680 to require a 60 -day notice of termination, <br />rather than 120 days, as currently required by this subsection, in order to be consistent <br />with state law. <br />RVPUBUR\624130 <br />