HomeMy WebLinkAboutOrd 1305 - Eliminate Rent Review BoardCITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
REQUEST: ADOPTION OF ORDINANCE NO. 1305 AMENDING
CHAPTER 9.50 OF THE PALM DESERT MUNICIPAL CODE, TO
INCLUDE ELIMINATION OF THE RENT REVIEW BOARD AND
IMPLEMENTATION OF THE CITY MANAGER/HEARING
OFFICER REVIEW PROCESS
SUBMITTED BY: Robert W. Hargreaves, City Attorney
Frankie Riddle, Director of Special Programs
DATE: April 14, 2016
CONTENTS: Ordinance No. 1305
Memorandum from Staff
Correspondence from Anthony Rodriguez dated March 18, 2016
Recommendation
Waive further reading and pass Ordinance No. 1305 to second reading,
amending Chapter 9.50 of the Palm Desert Municipal Code to include elimination of
the Rent Review Board and implementation of the City Manager/Hearing Officer
Review Process.
Strateqic Plan Obiective
N/A
Executive Summary
The primary change within the Amended Rent Control Ordinance is the elimination of
the Rent Review Board and implementation of the City Manager/Hearing Officer review
process. Other minor changes are highlighted in the attached redline document. Rent
Review Board Members are aware of the proposed change relative to the elimination of
the Board and have expressed their support. The proposed changes have also been
posted at each mobile home park within the city that would be impacted by the
proposed changes.
Background
Rent control was initiated in Palm Desert in 1986. Since that time, no significant
changes have been made to the City's rent control ordinance and policies. In the early
2000's, an extensive rent review process was initiated, a report was commissioned,
Amended Rent Control Ordinance
April 14, 2016
Page 2
numerous meetings were held, and many comments were received. That effort proved
very contentious and ultimately was put aside pending resolution of litigation with Silver
Spur (regarding a rent increase dispute that originated in the 1990's) that was settled in
2014. Staff believes that it is an appropriate time to revisit the modernization of the rent
control ordinance.
Under the current ordinance, the Palm Desert Rent Review Board is empowered to
consider rent control issues and make decisions regarding hardship rent increases. In
practice, the Board rarely meets, has not considered a rent increase application in more
than ten years, and has lost most of its members, as outlined in the attached
memorandum. Given that the Board has not had a realistic opportunity to develop
expertise, and is cumbersome to administer, staff is proposing to transfer the Board's
functions to the City Manager, and allow the City Manager to designate qualified staff or
outside consultants to perform functions relative to rent control. Under the amended
ordinance, petitions for rent increases would be considered by trained neutral hearing
officers to insure unbiased quality decisions. Decommissioning the Rent Review Board
would allow the City to move forward with modernizing its Rent Control Ordinance in a
more streamlined fashion.
Attached is the correspondence received from Silver Spur Mobile Home Park owner
representative, Mr. Anthony Rodriguez requesting modifications and additional changes
to the amended ordinance. While the proposed changes outlined by Mr. Rodriguez are
worth considering at some point, the principal purpose at this time is to replace the Rent
Review Board to expedite the review process going forward. It should be noted that a
comprehensive review of the Rent Control Ordinance will take place in due course.
Fiscal Analvsis
Approval of this item should have no negative impact to the City's General Fund.
Submitted by:
J
Frankie% dddle
Director of Special Programs
Approved:
udy Acosta
Acting City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT AMENDING CHAPTER 9.50 OF THE PALM
DESERT MUNICIPAL CODE TO ELIMINATE THE RENT
REVIEW BOARD AND IMPLEMENT A CITY MANAGER/
HEARING OFFICER REVIEW PROCESS.
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm
Desert as follows:
SECTION 1. Chapter 9,50.020 Mobile Home Park Rent Review is hereby amended in
its entirety to read as follows:
"CHAPTER 9.50 MOBILE HOME PARK RENT REVIEW
9.50.020 Definitions.
The following definitions shall govern the construction of this chapter:
A. "Management' is the owner of a mobile home park or an agent or
representative authorized to act on his behalf in connection with matters relating to a
tenancy in the park and also referred to as "mobile home park owner."
B. "Mobile home" for the purpose of this chapter shall be defined by the
statutes of the state of California.
C. "Mobile home park" is an area of land where two or more mobile home
sites are rented, or held out for rent, to accommodate mobile homes used for human
habitation.
D. "Park" is a mobile home park.
E. "Rent' or "space rent" is the consideration, including any bonus, benefit or
gratuity demanded or received in connection with the use and occupancy of a mobile
home space in a mobile home park.
F. "Rental agreement' is an agreement between the management and the
tenant establishing the terms and conditions of a tenancy and regulating the amount of
a monthly space rental and the allowable increases therein. A lease is a rental
agreement.
G. "Rent schedule" is a statement of the rent charged for each tenancy in a Formatted: Line spacing: Exactly to pt
mobile home park, together with any supporting data therefor. Formatled:zzmpTrailerItem
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H. "Services" means those facilities which enhance the use of the mobile
home site, including, but not limited to, repairs, replacements, maintenance, water,
utilities, security devices, security patrols, storage, bath and laundry facilities and
privileges, janitorial services, refuse removal and recreational and other facilities in
common areas of the mobile home park. "Service" does not include charges for interest,
depreciation, amortization, financing or refinancing of the mobile home park.
I. `Tenancy:' is the right of a tenant to the use of a site within the mobile
home park on which to locate, maintain and occupy the mobile home, site
improvements and accessory structures for human habitation, including the use of the
services and facilities of the park.
J. `Tenant" is an owner of a mobile home, responsible for paying rent to
management.
K. "Representative." In the event that a petition is filed by more than one
tenant, they shall designate one of them to be their representative.
L. The "hearing officer" shall be appointed by the: ;cam
manaoer. The hearing officer shall be knowledgeable in the rules of evidence. The
hearing officer shall be impartial and it shall be his duty to conduct an evidentiary
hearing pursuant to the provisions of this chapter to obtain evidence from the parties
that he deems necessary to make his recommendation and to make recommendations
for findings and determinations to the cit mans er.
M. Reserved TTe "rent review -- be rd" sh� all be mat boa Fd appo rated pu FSuaM
ion 9-;&G794�
N. "Consumer Price Index" is the index published by the United States
Department of Labor, Bureau of Labor Statistics, known as the "Consumer Price Index
for All Urban Consumers (1982-84) for the Los Angeles — Riverside — Oranae Countv
Area. Workers' for the Las A.,... les i oN RoaGv47AR&4eim
AF9a." (BaGa yox — 1 . If this index is changed so that the base year differs from the
one defined in this chapter, the index shall be converted in accordance with the
conversion factor published by the United States Department of Labor, Bureau of Labor
Statistics. If the index is discontinued or revised, such other governmental index or
computation with which it is replaced shall be used, or such other action as shall be
necessary shall be taken in order to obtain substantially the same result as would be
obtained if the index had not been discontinued or revised.
O. A "contested hearing" is a hearing which results from a petition for
adjustment which is filed pursuant to the provisions of this chapter.
P. "Capital improvement costs" are all expenditures which are required to be Forntatted. LIne=why to pt
"capitalized" rather than "expensed" for state or federal income tax purposes. Formattedrrxmp-rrailerrtem
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9.50.040 lent vvicw1w)Ard Reserved.
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c,Qni; C.ing of fi.r rvys'r mcmtv1lc tn/J tv/e clterna;c appok4ed t/ the e• y
arm h� /ice `.he pl; ; n cf tlh pity Ccw-7al A-t _ , _^",nll =s\ ^ ti
o..+ ,7zw,w/ is fsrr, a r :� �?n 2` th:&zc NmPbcm-,, Thr cwMc / J thy ey/ag
detefmk i wN-thvrthe a4 q111wc 2\ :m [\ z-,"om 6itL!/12t?v�`i1� V.
nceecw�y ca cntw r :nd : c9fytihmm rra4a:d+rgly.ftcSw! &n-' dlcy-, c toer�
m"twrj ehalI m-^/c a �1��r�� 5Q x yam,- et :I, err' of wh10 hala kc
ssriitlsxc! fer,�sppain#nz* All vgw,"r earmz benri mecrrrerc Mall ye.
r"den>t of thra city during th& `crxt.
13-- Awj r-t■rnpsr wN- is ftD,--i thus r2.;:s:ttr me"C 0 thn 5sard
60,1nny ;Vtr ef1'f k-..- tc have his . her
G S":n c2 z�,prxtly .ice; in thr 0/ap&x, the t.,x d chrbN msl lithe
6Fne-and place of i*A rnwtings, All rneetaingt it tha '-,cwd ch-;l "r eonduste-d-fir►
� n,s iesura All . .;.+iCQQC AC Wpintm-xnt tc the'v.w-4 Che di"IC)Se firma
verifiA stnte..-vn�s l piwcenV Yh1d'a ^end intomtc in re:-1 prr�;; u'y'ling intrx'�
frus a cv c�hv vkvning44a - ,v, ,,/ •//\I'in NS jUFiS iGti R
defined by f`olifr,mia Goyernmwl CC-" S-.saicn D& ��fq7►%` 9t�`�'7tG�'i�-6kla�l
srn�At,ie-te--thr city par r- tW--��ntm,ant of rx--a-ntvve 0 th/a �r�, Und
aWl '-,,a filed w;h On city c,`1k not lets thn �w- Ocys alterappein17mwit, i,`rlc#.\vs of
holdings -required harNn shall k,. in •/.^,Chad by-stafe ar
1,xtl lem fz ef;,�,�iis sf#is�
1= The `ter:.' ch�l zv�d P6 t itc cvm r►alcc cns! rog�lcti3�i�i/
send -`fin? `.te b4`1 VC fc7xgigtenI h the chC,pW ikn9 `ern 7f th-j c is, awlejsstia tKo
approval of Qw2h 746�t -n� thzll'i. rs iCrIId to writing and
chill hn on tiles th thi zxty acv l ct all timc«TTt,T 6,-, W9'i !,' awWD�,TA2h vffixr.: Res
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1= -T-he-baar"hall keep r, rCC`•r d of ;1a a Oinq&,-Wh,,nh ash V ✓o far
inspeetiai 5/ Gny 7 br/ of tN,- pw%`
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he ft-� `ry'yhr3 ra �/ k,'Y kct Faig'/3 th/r
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:o-mlawr/ V the `ccwJ. Thu ryity -21 ,jL^ fC> the r.1Ci^P1xnm 2f 1.44-46
permanent r ✓�s2.
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b Three .^:;t 0 the V e d rt.".e!# Seri: tc cTNecc effirrnVir"a
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9.50.050 Power of the re^l rpuuie`::-boa itv manager.
Within the limitations provided by law, the rent Fe ew oa-rdcity manager, or the
city manager's designee, shall have the following powers:
A. To mea zi ",ch•n-,gur�rl f �ess#�e e boa er
frcrn lima '.1o'.imc ut tall of to hn7, determine the petitions filed
hereunder at the cf tho oily; r^r,^r5��, r\ at"lenv � t mini; t the h;lcinc'r,* aF
the- "ard. All !r/30ngr 9hii,ll he ao^glue A e+ Oty-Hal
B. To appoint and designate hearing officers for the conduct of evidentiary
hearings to be conducted hereunder;
C. To receive, investigate, hear and determine petitions of landlords for a fair
return or capital immovement (collectively "hardship" adjustment of rent pursuant to
Section 9.50.070 and the "Palm Desert Mobile Home Paris Rent Review Board
Guidelines for Hardship Rent Increase [Fair Return on Property?" oreviously adopted by
the Rent Review Board or other regulations approved by the City Council, and as,
modified, if necessary, to comply with existing iaw;
D-. Te4Ralx, cr twidwel c:.\)h " imnt*i,at` as
be 7p.praFr.�te N vbtam�,rm-, errnatic� �r it na£xrsry tv s&rry Wt t"eii
E. To authorize an increase in the maximum amount of rent otherwise
permitted to be charged by a mobile home park owner pursuant to this chapter. Such
authorizations shall be given where the city manaaerbea-rd finds that a hardshir)
increase is necessary to insure that the mobile home nark owner receives a fair return.
as required by law. t#ie-app4 Gatio: �f the 2h:!pnr, aprt f7c4p-sushauthEiFizeinjm—v,ty,
r }n !he MO Ile heme aFk o er'e n erty in
deteFmining w4e#ier-�lhip roll inGrease should be au#Kw4ed, 1h9 h_ AA Unay
eonr;dcr, c/—.srvg 2thr_n it va2 7vc! cant tc th. 7vt.v i hgrn. perk o-ne;
a4N)ulatle r-- incrae;ow or C+eaK--r,7m in rw cWr lone 2,1/vr f,,04tk4&4ea e rent�"l' y
ratese#y *rt ,st, i1:urnse advertisil�g; goverr►rnn tis��la�rrsent and fees;
lr\rir.r:lt�l ��/ies, '117,1Q\ r1;;,1' #I1 fifi;l7!`'1n""' , r'.',�.:*•'.t :'"',;.'�.:rnan+c u� r•+r3�n�
ara' cs smiga&Fanc' l:f rReraiipS I"twma, -10 "reWas+�
fea-se�e-feturn C7. th9 3kvn r'1 JYGP a )\ In 3umpnininig ."(pair %.-Id
frnin\�'le� rr :�ti� tati-nittO- in a g1v7n ,�^.��, the klonrd chat1 oosider whether these
oosts could have b
engoi7,g .mr^1rftn2nFa it the al fin^r1 ikiah scats
ily deferred, n', o, �hon�rrn ;...prc�.� rcP it �r '„can" -—vt,'.hey
shill. !�
AA 37977\
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F. To adopt, promulgate, amend or rescind administrative rules to effectuate
the purposes and policies of this chapter, subject to the approval of the city council;
G. To maintain and keep at the City Hall rent review hearing files and dockets
listing the time, date and place of hearings, the parties involved, the address involved
and the final disposition of the hearing;
H. To recommend to the city council the adoption of a fee schedule setting
such fees and charges as appear necessary or desirable to defray in whole or in part
the costs of administration of the beardcity manager and conduct of ltshis assigned
duties;
I. To recommend to the city council the imposition of a registration program
for implementation of this section, including any registration fees in connection
therewith.
9.50.060 Maximum rent.
A. Except as otherwise provided in this chapter (e.g., a fixed -term rental
agreement or a hardship rent adjustment), the maximum rent that a mobile home park
owner may request, demand or receive for a mobile home space shall not exceed the
monthly rent that was charged for that space on base date (as defined below) adjusted
up or down for the change in the cost of living since the base date. In other words, the
maximum rent chargeable will increase or decrease over time based on fluctuations (up
or down) in the cost of living. As the cost of living goes up relative to the base date, the
maximum chargeable rent will also go up; as the cost of living goes down, the maximum
chargeable rent will also go down. If the cost of living remains constant, then the
maximum chargeable rent also remains constant. In implementing this section, a mobile
home park owner shall not increase — nor be obligated to decrease — the rent charged
for any space more than once during any twelve-month period, unless an additional
increase or decrease is expressly authorized or ordered by the
manager.
B. Notwithstanding the foregoing, no rent increase in a given twelve-month
period shall cause the previous rent charged for the space to increase more than six
percent unless expressly permitted by the ren evlaw beardcity manacger. If an increase
of more than six percent would occur, then the excess increase may be carried forward
for a period of up to eight years, until utilized to allow an automatic, annual increase up
to six percent unless expressly permitted by the rent review bGard_ity manager. If an
increase of more than six percent would occur, then excess increase may be carried
forward for a period of up to eight years, until utilized to allow an automatic, annual
increase up to six percent in any future years in which the permitted increase in the rent
would be less than six percent.
C. The "base date" shall be April 28, 1983, for any space that was rented on
that date and not governed by a fixed -term rental agreement permitted by this chapter.
.7250I I i MYN 11 U46311546. L
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For all other spaces, the base date shall be the first date after April 28, 1983, that the
space was rented and not governed by a fixed -term rental agreement permitted by this
chapter.
D. Changes in the cost of living shall always measure from the base date.
For purposes of this section, the change in the cost of living shall be measured by three-
quarters (seventy-five percent) of the net change in the Consumer Price Index (CPI)
from the base date until any subsequent date in the present. The CPI used for the
subsequent date shall be the most recent CPI published before that date.
E. Raising rent during a twelve-month period in accordance with this section
shall not prevent a park owner from subsequently filing a hardship rent petition during
that same period. Nor shall the filing of a hardship rent petition preclude the subsequent
imposition of an otherwise allowable rent increase while the petition is pending,
provided any such increase is brought to the attention of the city official or beardcc
manager considering the petition. At all times during the hardship petition process, the
most recent CPI date shall be used.
F. Nonimposition of a rent increase permitted by this section during a twelve-
month period shall not affect the maximum rent that a park owner may charge in a later
twelve-month period. But a park owner may never retroactively collect rent from tenants
that could have been charged but was not. That is, rent increases allowed by this
section shall only apply prospectively.
9.50.070 Initiation of review and hearing process.
A. A mobile home park owner, or any representative of the mobile home
park owner, operator or manager of a mobile home park space affected by this chapter,
upon payment of such filing fee as shall be duly established, may petition the bGardc ty
manager for a hardship increase of the maximum rent permitted to be charged pursuant
to this chapter. If the boardcity manager shall designate a form for the filing of such
petition, such petition shall be filed upon such form. If no such form shall be designated,
such petition shall be in writing, verified by the applicant, and shall contain the name,
address and telephone number of the applicant; the name and address of the resident
of each mobile home space which would be affected if the petition were granted; a
statement of the facts giving rise to the petition for hardship increase, in sufficient detail
that if established, such facts would demonstrate the existence of a hardship upon the
mobile home park owner warranting such hardship increase; a statement that each
resident of a space to be affected by the hardship increase, it granted, has been served
a notice of the filing of the petition; such notice shall inform each such resident of the
location where the petition may be obtained or reviewed.
B. Any resident of a mobile home park, or mobile home park owner, affected
by this chapter, upon payment of such filing fee as shall be duly established, may Formatted: Line spacing: Exactly li7 Pt
j petition the ardcity manager for an interpretation of this chapter, for a determination of Formatted: umpTrailerItem
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whether a particular course of action, either proposed or actual, is legal, valid and within Formatted: Default Paragraph7E�;
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the terms of this chapter. If the beard6tv manager shall establish forms for such
petitions, the petition shall be prepared and submitted upon such form. In the absence
thereof, the petition shall contain the name, address and telephone number of the
person requesting the interpretation or opinion; the name, address and telephone
number of the mobile home park owner, manager or other person authorized to
represent the mobile home park owner; the names, addresses and telephone numbers
of any other residents of mobile home space of individuals requesting such
determination; and a brief statement of the facts giving rise to the request for
interpretation or determination.
The procedural rules with respect to petitions for interpretation shall be those
applicable to petitions for hardship rent increases, except that, should the city manager
determine to do so, petitions for interpretation which raise issues of a legal nature may
be referred to the city attorney for final response, or; in the alternative, for preparation of
an opinion and recommendation to the itv manager. Under the first
alternative, the city attorney's opinion shall be final. Under the second alternative, the
city attorney's opinion and recommendation shall become final within fifteen days after
the filing of the same with the city clerk, and without further action of the FePA49view
bearcity manager unless a petition to review the city attorney's opinion and
recommendation is filed by the requesting party with the city clerk.
C. In the event that a petition is filed, the petitioner shall serve a notice of the
filing of same. If said petition is by management, service shall be on each tenant within
the mobile home park on a form provided by the city; if said petition is by a tenant or
tenants, service of a notice of the filing of the same shall be on management.
D. Within twenty days after the filing of the proof of service of the notice
under the preceding subsections, the opposing party may file opposition.
E. The hearing officer shall establish a date for hearing, giving notice to all
parties thereof, and shall promptly consider and decide all petitions filed pursuant to this
chapter. The matters shall be considered and decided in the order filed. The party filing
any petition shall deposit with the city the estimated cost, as estimated by the city
manager, of all costs to the city, including without limitation the lest ^"�" �40
the rant Feview b _aFd, the full cost of conducting the hearings as herein provided, the
cost of the hearing officer, and the cost of preparation of any record. in the event the
funds so deposited exceed the city's costs, any excess shall be refunded to the parties
so depositing the same, and any deficiency must be agreed to be paid by such party.
Additional deposits may be required to cover costs when it is determined that the initial
deposit is not sufficient to satisfy the same. In the event such deposits, when required,
are not made in a timely manner, the petition shall be deemed withdrawn and the
proceeding terminated. The hearing officer shall consider all relevant facts presented at
the hearing, and may require additional information to be presented by the manager or
others to determine what adjustments, if any, should be made.
72500.00203Q4 n1�m-r 7
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F. For any contested hearing, if there is more than one party on a side, the
hearing officer may require the parties on one side to designate a representative to
receive service of notice and papers and documents with respect to the same; and after
such designation, the service on the representative so designated shall be deemed to
be giving service to all such parties on that side.
G. In the event of any contested hearing, each tenant in the affected mobile
home park, (or the tenants' representative if one has been designated), shall be mailed
a notice of the time and place of the commencement of the hearing and the possible
effect upon his or her rent. Said mobile home park tenants shall be given a chance and
an opportunity to be heard at the contested hearing. No further notice shall be required
to be given under this chapter for any continuances of the hearing.
H. II meeting and hearings shall be open to the public and notice thereof
given as required by law. Meetings shall be held as necessary to hear and decide
petitioners.
I. The city manager shall notify the petitioning party upon receipt of
opposition to the petition, and as soon as possible thereafter shall notify both parties of
the time, date and place of hearing,
J. Upon receipt of a valid petition pursuant to this chapter, the rent review
bGar,6citv manager, unless he4 conducts the hearing himselfitse# under the provisions
of this section, shall refer the petition to the opposition and to a hearing officer who shall
conduct an evidentiary hearing upon the petition, At the evidentiary hearing, the hearing
officer shall take all evidence, and may require any party to the proceedings to provide
him with pertinent books, records, papers, etc. In furtherance of this power, the hearing
officer may request the city council to issue a subpoena for the same if they are not
voluntarily produced, or he may take a refusal to produce the same as evidence that
such evidence, if produced, would be adverse to the party refusing to produce the
same.
K. The management may substitute for any books, records and papers a
certified audit by an independent certified public accountant, using generally accepted
accounting principles consistently applied, or a verified statement under oath by an
independent certified public accountant of what the information sought from such books,
records and papers consists of. Notwithstanding this subsection (K), the hearing officer
may require production of the books, records and papers.
L. The hearing officer shall rule upon the admissibility of all evidence at the
evidentiary hearing, and shall have the power and authority to conduct the evidentiary
hearing in all respects.
M. The hearing officer shall keep detailed notes of the evidence produced
and provide for recording of all of the testimony presented at the evidentiary hearing.
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N. The evidence presented at the evidentiary hearing shall constitute the
exclusive record for the decision of the issues involved.
C. At the conclusion of the evidentiary hearing, the hearing officer shall
prepare a summary of all testimony and evidence admitted at the evidentiary hearing
and a statement of all materials officially noticed, and prepare proposed findings of fact
and a recommended decision to the rnanf revie,a, heaTdc ty manager, and shall promptly
submit the same to the itv manager, along with copies of ail
documentary evidence received. Copies of the hearing officer's summary, matters
officially noticed, and proposed findings and recommendation for decision shall be
mailed to all parties participating in the hearing. The hearing officer's proposed findings
and recommended decision shall become the final findings and decision of the rent
Fe-viny, beardcity manager within fifteen days after the filing of the same with the sterk of
the rent review board (i.e., thecity clerk) without further action of the beafdcity manager,
unless any party participating in the hearing shall file a petition to review the hearing
officer's proposed findings and determination with the city_clerk ef4U94,e�iew beard.
P. Upon receipt of the hearing officer's summary, proposed findings, official
noticed material and recommendations, the documentary evidence admitted in the
proceedings, and a petition to review filed pursuant to subsection (0) of this section, the
FeRt Fevie::! boafdcity manager shall heap consider written arguments by the parties
based upon the material submitted to himit by theits hearing officer. Any party at a
proceeding may also have prepared, at his expense, a transcript of the hearing to be
presented to the r- t revie-vi bo deity manager. No further evidence shall be permitted
nor allowed at the hearing before the Feot review be itv manager, but it shall be
based solely upon the materials presented to the hearing officer at the evidentiary
hearing. The city manaaer mav, but shall not be required to. set a hearina to hear oral,
argument from, and present questions to, the parties.
Q. t . At the conclusion of the consideration of heaFing on the proposed
findings and recommended decision of its hearing officer before the rent reNFMAI;
boafdcitv manager pursuant to subsection (P) of this section, the boafdcity manager
shall, within thirty days after the submission of arguments or date of the hearing:
a. Accept and confirm the recommendations of the hearing
officer and adopt his findings and recommendations; or
b. Amend the findings and recommendations of the hearing
officer; or
G. Send the matter back to the hearing officer for further
hearings on the issue pursuant to any instructions provided by the rent
mview boafdcity manager.
2. Upon issuing the findings of fact, pursuant to subdivisions (a) or (b)
of this subsection, the rent- re,.;e�dcity manager shaft render itshis final decision.
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The final decision shall be final and conclusive upon all parties. The final decision by the
beafdcity manager may include a provision equalizing the rents among all of the tenants
of the mobile home park, based upon the location, size and improvements supplied by
management of each mobile home site, notwithstanding any previous disparity between
rents charged on equivalent mobile home sites, Any tenant whose rents will be so
equalized upwards shall be given special notice of the same and chance to be heard.
R. Any order of the reRt Fey;ew h^'rdcity manager shall, unless otherwise
specified in itshis final decision, be effective as of the date thirty days after the filing of
the petition for adjustment.
S. Any party to a hearing may be assisted by attorneys of the party's choice.
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�e^„rl^,te:�stRese rved.
U. The rem raview-boardcity manager shall keep minutes of hisits meetings
and make an official record of a hearing.
V. Decisions of a re ' Fevieo., be city manager shall be supported by a
preponderance of the evidence.
W. The evidentiary hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is
the sort of evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common law or statutory
rule which might make improper the admission of such evidence over objection in civil
actions.
K. The real -rev aa;rdcity manager may in visits final decision direct that
the prevailing parties' cost in these proceedings, including any funds paid to the city
pursuant to the provisions of this section, shall be reimbursed by the losing party. Such
an order for costs may be enforced by a court of law of appropriate jurisdiction. In the
event that the fent4evie�city manager determines that any petition or opposition
is frivolous, he it -may award reasonable attorney's fees to the other party or parties.
Y. The rat- rediew- beardcity manager or hisits hearing officer may spread
any retroactive rent adjustment under subsection (R) of this section over several months
of future rent.
9.50.090 Enforceability.
In the event of a violation by the management of a mobile home park of any Formatted: Line spacing: Exactly 10 pt
maximum rents, an effective rent schedule, or a final decision and order of the rent Formatted: umpTrailerItem
rev+e�dcity manager, relief for such a violation shall be enforceable by the Formatted. Default Paraympn Font
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72W1hiHxkllLdEi[15dhJ. _ _ a
individual tenants of that park in a court of the appropriate jurisdiction in which injunctive
relief may be granted, and damages shall be allowed for any rent paid in excess of the
effective rent schedule or any final determination of the rePt*e*i�i w-boa-Fdclty manager.
In any such court proceeding, the prevailing party shall be awarded his reasonable
attorneys fees, and the court, where applicable, shall be empowered to order treble
damages for any rents charged in excess of any effective rent schedule or maximum
rent, or in violation of the final decision of the beardqLty manager (i.e., three times any
excessive rent or over charge).
9.50,100 Limitation of action to attack a final decision —Order of the rent+evew
beardcity manager.
X OAny action or proceeding to attack, review, set aside, annul or void a final
decision and order of the rent rey;ev: boardcity manager or the reasonableness, legality
or validity of any provision or condition attached thereto, shall not be maintained by any
person unless such action or proceeding is commenced, and service of the summons is
effected, within ninety days of the filing with the city clerk of the final determination and
order, and notice of the same has been given to the city clerk.
8-. rhsF'ry eques! to the rent pe-�c'ar4oor-re en i, I ati., of a , neeis+en
Within thirty days of the renditian of the deeision- ;4¢
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Tr T-JJer P_ WaS,-iraUeref--�m el matefial to the .. utoGme
vcrn orArAM d by either party, or
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of +h e hnard'A d inn Gomm Wed by a membeF of.W+94x)aTd$Rqe
hearing r+�oF.
9.50.130 Termination of service.
No mobile home park owner shall reduce or eliminate any service to any mobile
home space so long as this chapter is in effect, unless and until a proportionate share of
the cost savings resulting from such reduction or elimination is passed on to the
resident in the form of a decrease in space rent. If a mobile home park owner who (formatted-Uneswing: ExactlyIt)pt
provides services to a mobile home space in the nature of utility services, shall reduce Formatted- xxmprrallerltem
or eliminate such service by separate metering or other lawful means of transferring Formatted: Derawt Paragraph Font
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from the mobile home park owner to the resident the obligation for payment for such
services, the cost savings, if any, resulting from such reductions or elimination to be
passed on to the resident in the form of a decrease of rent, shall be deemed to be the
cost of such transferred utility service for the month of April, 1983. If for any reason the
utility bill for such service for the month of April, 1983, is not representative of the
normal or usual cost of such utility service at the time, or if either mobile home park
owner or resident shall protest the use of the April, 1983 billing as the measure of such
cost savings, then the computation of such cost savings shall be based upon the
average monthly charge for such service for the period of March, 1982, through April,
1983, inclusive, or such other period as the parties shall mutually agree is
representative of such cost savings.
For the purposes of this section, in determining cost savings to be passed on to
the resident in the form of decreased rent, the cost of installation of separate utility
meters, or similar or analogous costs to the mobile home park owner to shift the
obligation for payment of utility costs to the resident, shall not be considered. Nothing
stated herein shall be construed to prohibit or prevent the consideration or inclusion of
such costs, together with other operational costs of a mobile home park owner, in any
proceedings before a duly appointed beafdthe city manauer., GammissieA or other
appomnte4dWhearinci officer authorized to hear and determine requests for hardship
adjustments."
SECTION 2. If any section, subsection, clause or phrase of this Ordinance or
any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable
by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of the Ordinance. The City Council declares that it
would have passed each section, subsection, paragraph, sentence, clause, or phrase
thereof, irrespective of the fact that any ❑ne or more section, subsection, sentence,
clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 3. Pursuant to state and local environmental regulations, it has been
determined that the regulations encompassed in this Ordinance are not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
SECTION 4. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full force
and effective thirty (30) days after its adoption.
72500.0020.194447077.3
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Palm Desert, California, on the _ day of 2016
by the following roil call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert Spiegel, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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CITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
INTEROFFICE MEMORANDUM
To: John M. Wohlmuth, City Manager
From: Frankie Riddle, Director of Special Programs
Date: February 25, 2016
Subject: Amendment to Rent Control Ordinance and Changes in Rent Control
With the settlement of Silver Spur and the resignation of Arnold Werchick, Chairman of the Rent
Control Board, the time for the City to review the Rent Control process is now. Currently, the Board
plays an important role in reviewing all rent review issues including requests for rent increase
applications (e.g., hardship and capital improvement). Rent Review tends to be contentious and
litigious in nature and why members of the Board should be experienced in Rent Control and the law
pertaining to Rent Control. Unfortunately, with the resignation of the Chairman and the one
remaining, long-term member, that has experience, having on -going health concerns, leaves three
remaining members with limited experience to address the challenges of Rent Control. As a result
new matters that come before the Board may not be vetted as thoroughly as needed and the
services of a hearing officer will more than like be retained in any event. It should be noted that the
Board has utilized the service of a hearing officer in previous hearings to review and make
recommendation in regards to rent control matters. As a result, it may be appropriate for the City to
change direction by utilizing the services of a hearing officer in conjunction with the City Manager to
review and make recommendation in regards to rent control matters.
Utilizing a hearing officer should not have a major impact on the City, property owner or residents
residing within mobile home parks subject to Rent Control as the hearing officer will still be an
impartial third party and should have the necessary experience. In addition, the City would not have
to recruit persons to be on the Rent Control Board that have limited to no experience and in general
do not express an interested in serving on the Board when submitting an application to the City, but
rather are assigned to the Board.
Given the above and that the overall Rent Control Ordinance, process, procedures, etc. should be
reviewed and changes implemented to better serve the needs of all parties, this appears to be an
opportune time for the City to address and potentially implement changes to Rent Control.
Franke Riddle
Director of Special Programs
cc: Rudy Acosta, Assistant City Manager
ANTHONY C. RODRIGUEZ
ATTORNEY Ar LAW
1425 LEIMERT BOULEVARD
SUITE 101
OAKLAND, CALIFORNIA 94602 -1808
,TELEPHONE (510) 336-1536
FACSIMILE (510) 336-1537
March 18, 2016
VIA EMAIL AND UNITED STATES MAIL
Robert W. Hargreaves, Esq.
Best, Best & Krieger
74-760 Highway 111, Suite 200
Indian Wells, California 92210
Re: Silver Spur Mobilehome Park/
Obiections to Provosed Amendments to Rent Review Ordinance
Dear Bob:
I have reviewed the proposed amendments to the City of Palm Desert's Mobilehome
Rent Review Ordinance. Although my client would probably support an amendment that
resulted in a hearing officer making the final decision on petitions, my client cannot support
the proposed amendments. Based on my experience, I believe the proposed amendments are
likely to raise more issues than they resolve, resulting in a more difficult procedure for all
concerned in any future hearing, including the City Manager.
Rather than attempting to "cut and paste" using the old ordinance as a template, I
believe the provisions regarding the powers and duties of the City Manager and/or the hearing
officer must be rewritten in their entirety, so there is no ambiguity as to who is supposed to do
what. Below is a more detailed analysis of some of the issues that must be addressed if the
current ordinance is to be revised.
A. Determination of Petitions: Section 9.50.050A of the proposed amendments state
that the City Manager shall "determine the petitions filed hereunder." I am not sure what that
means. Does that mean the City Manager shall determine (i) whether a petition can be filed,
(ii) that a petition is complete, or (iii) that a petition should be granted? These are three distinct
roles, which should be defined.
B. Selection of the Hearing Officer: Section 9.50.050A of the proposed amendments
Robert W. Hargreaves, Esq.
March 18, 2016
Page 2
states that the City Manager shall select the hearing officer. However, the proposed
amendments contain no guidelines for the selection process. Does that mean the City Manager
can select the same person to preside over hearings, year after year, with no input from the
parties?
In Haas v. County of San Bernardino (2002) 27 Cal. 4t' 1017, 1019, the California
Supreme Court found that local agencies cannot appoint the same hearing officer year after
year, because of the financial incentive for hearing officers to rule in favor of the agency. In
order to avoid that problem, the City Manager cannot have unfettered discretion to select the
hearing officer. Rather, a procedure must be developed to insure that hearing officers are
selected either at random, or by the parties.
C. City Manager as Hearing Officer: Due process is violated if an administrative
decision is based on evidence that has not been submitted at a hearing, where it can be tested,
explained or refuted. English v. City of Long Beach (1950) 35 Cal. 2d 155, 158-159. The
proposed amendments state that when the City Manager appoints a hearing officer, the hearing
officer must conduct an evidentiary hearing. However, if the City Manager acts as the hearing
officer, no such requirement exists. See Sections 9.50.070J and 9.50.060B. Because the
proposed amendments enable the City Manager to render decisions without a hearing, let alone
the direct and cross examination of witnesses, the proposed amendments violate due process.
D. City Manager on Appeal: If a reviewing agency rejects or modifies a hearing
officer's decision, the reviewing agency must review the entire record from the evidentiary
hearing. Hohreiter v. Garrison (1947) 81 Cal. App. 2d 384, 398. As a result, the City
Manager cannot reject or modify the decision of a hearing officer, unless the City Manager has
reviewed all of the evidence submitted to the hearing officer. Because the proposed
amendments allow the City Manager to issue decisions on appeal in private, without a hearing
or a review of the entire record, the proposed amendments are unconstitutional. See Section
9.50.070P.
E. Substantive Changes: Although the City has suggested that the proposed
amendments are not substantive, the proposed amendments eliminate most of Section
9.50.050E from the current ordinance. As you know, that provision allows a hearing officer
to consider a number of factors in determining whether a rent increase is warranted, including
increases in the cost of operating a mobilehome park. Because the proposed amendments
result in significant substantive changes, my client also objects on that basis.
In this light, it must be stressed that Section 9.50.050E of the proposed amendments
could be interpreted as limiting rent increases to those situations where a parkowner is not
Robert W. Hargreaves, Esq.
March 18, 2016
Page 3
receiving a "fair return." However, the courts have held that the determination of whether a
parkowner is receiving a "fair return" is a subject for expert testimony. Whispering Pines
Mobilehome Park v. City of Scotts Valley (1986) 180 Cal. App. 3d 152, 160-161.
Under the proposed amendments, both the parkowner and the tenants must retain expert
witnesses regarding fair return, even if the proposed rent increase is based solely on an increase
in operating expenses. Because the proposed amendments require the parties to retain experts
and litigate issues that would otherwise not be relevant, the parkowner must object for that
reason as well.
F. Conclusion: My client would probably support amendments that enable a hearing
officer to conduct an evidentiary hearing and issue a final decision, without the need for review
by a Rent Review Board. In fact, the overwhelming majority of the rent control ordinances I
am familiar with are structured that way. However, by simply inserting the City Manager for
the Rent Review Board throughout, the proposed amendments may create more problems than
they solve. In addition, the proposed amendments would result in significant substantive
changes to the ordinance, requiring the parties to retain expert witnesses regarding fair return
for every dispute, no matter how small.
Rather than attempting to amend the current ordinance by "cutting and pasting," the
City should rewrite the ordinance to eliminate the Rent Review Board and provide for
evidentiary proceedings to be conducted by hearing officers. Moreover, those hearing officers
should not only be allowed to issue a final decision, they must be selected in a manner that is
consistent with the California Supreme Court's decision in Haas v. County of San Bernardino
(2002) 27 Cal. 4`h 1017, 1019.
By this letter, the City is respectfully requested to table the proposed amendments and
to work with the parties to develop a procedure that enables a properly selected hearing officer
to make a final decision on all disputes arising under the ordinance, without the need for
further review by any other person within the City. If you have any questions or comments,
or if you would like to discuss these issues in detail, please do not hesitate to call me at (510)
336-1536. Thank you.
Very truly yours,
04 e 4�
Anthony C. Rodriguez
cc: Marc Lofman
INDIAN SPRINGS MOBILE HOME PART(
HOMEOWNERS ASSOCIATION
POST OFFICE BOX 1824
PALM DESERT, CALIFORNIA 92261
MEMO TO: Robert W. Hargreaves, Esq.
City of Palm Desert City Attorney
FROM: Mari Schmidt, Legislative Representative
Indian Springs Mobile Homeowners' Association
RE: Scheduled CC Agenda Item - 04-14-2016 Regarding
Rent Control Ordinance Amendment
DATE: April 7, 2016
Bob - Want to let you know that I plan to attend today's Special Closed CC Meeting, and
hopefully during the "open" parts of the Meeting, I will be allowed to speak briefly
regarding the "Notice of Rent Control Amendment" which is scheduled for the City
Council's Regular Meeting of April 14, 2016. I, on behalf of the HOA, will be asking Council
(today, if at all possible) to postpone this Agenda Item, at least, until there is a new City
Manager appointed to replace John Wohlmuth.
The Dissolution of the Rent Control Commission is very serious stuff and directly affects (at
least) several thousand residents of this City. If it were not for the RRC, the residents of
Indian Springs could now be paying an added $330 per month Hardship Rent Increase
claimed by our Park Owner which was really a "failure to maintain" issue.
This constituency should not be subject to any City Manager's ability to "allow the City
Manager to designate qualified staff or outside consultants to perform functions relative to
rent control".
At the very least, I would appreciate it if you would see that each Council member, Frankie
Riddle, Amy Lawrence, and anyone else who should have a copy of this.
I also tried to go to the City's web site to see who remains on the RRC, but couldn't find any
information so informing. I would appreciate knowing who the present RRC members are.
Thank you,
HA4: $4,►,,,(X
Mari Schmidt
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