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HomeMy Public PortalAboutOrd 1155ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING SECTION 9.58.010 DEFINITIONS, OF CHAPTER 9.58 MOBILEHOME RENT CONTROL OF THE RANCHO MIRAGE MUNICIPAL CODE TO CLARIFY THAT MAXIMUM RENT INCREASES ARE BASED UPON THE CONSUMER PRICE INDEX OF THE RIVERSIDE-SAN BERNARDINO-ONTARIO AREA. WHEREAS, the City of Rancho Mirage ("City") is a charter city and recognized for certain purposes as a political subdivision of the State of California; and WHEREAS, the City regulates rent increases for mobilehome parks pursuant to Chapter 9.58 of the Rancho Mirage Municipal Code ("RMMC"); and WHEREAS, Chapter 9.58 was approved by a majority of voters and took effect on May 1, 1982; and WHEREAS, Chapter 9.58 regulates rent increases for mobilehome residents who have leases for twelve months or less; and WHEREAS, as currently written, Chapter 9.58 permits mobilehome park owners to request a rent increase in an amount no greater than three-fourths of the increase in the cost of living as indicated in the Consumer Price Index for the Los Angeles-Anaheim- Riverside-Metropolitan area, and no more than one increase is allowed in any twelve- month period; and WHEREAS, the United States Department of Labor, which compiles and publishes the Consumer Price Index, now publishes information for the Riverside-San Bernardino- Ontario area; and WHEREAS, the City Council desires to amend Section 9.58.010 to change the Consumer Price Index from the Los Angeles-Anaheim-Riverside-Metropolitan area to the Riverside-San Bernardino-Ontario area to better reflect the cost of living within the City; and WHEREAS, pursuant to Section 9.58.110, the City Council may not enact legislation supplementing" Chapter 9.58 unless such additional legislation "in no way diminishes any protection which this chapter affords to residents"; and WHEREAS, the current language in Section 9.58.010 permits rent increases based on an area which has a greater cost of living than in this county; and WHEREAS, the proposed change to Section 9.58.010 does not diminish the protections afforded to mobilehome residents, as the cost of living in the Riverside-San 1 Bernardino-Ontario area is less than the cost of living in the Los Angeles-Anaheim- Riverside-Metropolitan area; and WHEREAS, the proposed change to Section 9.58.010 does not diminish the protections afforded to mobilehome residents, since the maximum permissible rent increases per twelve-month period for mobilehome residents should be reduced to reflect the local cost of living; and WHEREAS, by enacting the amendment to Section 9.58.010, the City Council seeks to afford greater protections to mobilehome residents. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein. Section 2. AMENDMENT TO SECTION 9.58.010 "DEFINITIONS" OF CHAPTER 9.58 "MOBILEHOME RENT CONTROL" OF THE RANCHO MIRAGE MUNICIPAL CODE That Section 9.58.010, titled "Definitions" of Chapter 9.58 "Mobilehome Rent Control" of the Rancho Mirage Municipal Code is hereby amended as follows: 9.58.010 Definitions. As used in this chapter: A. Base Rent. Any reference to "base rent" in this chapter shall be deemed to be and shall be construed as a reference to "current rent." B. "Commission" means the mobilehome fair practices commission established by this chapter. C. Maximum Rent Increase. From May 1, 1982, which shall be deemed to be the effective date of the ordinance codified in this chapter, until such time as this chapter is no longer deemed necessary by the city council and approved by the majority of the voters of the city, no mobilehome park owner of any mobilehome space covered by this chapter shall request, demand or receive a rent increase in excess of three -fourths of the increase in the cost of living as indicated in the latest available Consumer Price Index for the twelve-month period preceding the date of a rent increase . No mobilehome park owner shall be entitled to more than one rent increase in any twelve-month period . 2 As used in this chapter, the term "Consumer Price Index" means that portion of the Consumer Price Index published by the United States Department of Labor for the Los Angeles Anaheim Riverside Metropolitan Riverside-San Bernardino-Ontario Area, designated as "All Urban Consumers (Current Series), All Items, December 2017=100 1967 -100." D. "Mobilehome park" means an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. E. "Mobilehome park owner" means the owner, lessor, operator or designated agent thereof of a mobilehome park. F. "Park" means a mobilehome park. G. "Resident" means any person entitled to occupy a mobilehome pursuant to ownership thereof or a rental or lease agreement with the owner of the mobilehome. The term "resident" also includes a prospective homeowner, including a purchaser of a mobilehome already located in the park. H. "Space rent" means the consideration, including any bonus, benefit or gratuity demanded or received in connection with the use and occupancy of a mobilehome space in a mobilehome park. Section 3. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 4. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed. Section 5. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption. Section 6. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the 3 authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04 .031 of the RMMC. Section 7. AMENDING OF BAIL SCHEDULE That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 8. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law . THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council held on September 19, 2019, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. CITY OF RANCHO MIRAGE ATTEST: Kristie Ramos, City Clerk APPROVED AS TO FORM: e~ 5 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) CITY OF RANCHO MIRAGE) I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 1155 was introduced by first reading at a regular meeting of the City Council held on September 5, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Hobart, Kite, Smotrich , Townsend, Weill. None. None . None . Ordinance No. 1155 was adopted at a regular meeting of the City Council held on September 19, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Hobart, Kite, Smotrich , Townsend, Weill. None . None. None. I further certify that I have caused Ordinance No. 1155 to be posted and/or published, as required by law (GC Sect. 36933). 6 RCvvv-.-(J:l,_____ Kristie Ramos City Clerk