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
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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 .
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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
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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 .
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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:
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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).
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RCvvv-.-(J:l,_____
Kristie Ramos
City Clerk