HomeMy WebLinkAboutOrd 1305A - Amnd Chptr 9.50 - Mobile Home Rent-Reduce MembershipREQUEST:
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DATE:
CONTENTS:
Recommendation
ORDINANCE NO. 1305A
CITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
ADOPTION OF ORDINANCE NO. 1305A AMENDING
CHAPTER 9.50 OF THE PALM DESERT MUNICIPAL CODE, TO
REDUCE THE RENT REVIEW BOARD FROM A FIVE MEMBER
BOARD TO A THREE MEMBER BOARD
Robert W. Hargreaves, City Attorney
Frankie Riddle, Director of Special Programs
September 22, 2016
Amended Ordinance No. 1305A
Waive further reading and pass Ordinance No. 1305A to second reading, amending
Chapter 9.50 of the Palm Desert Municipal Code to include reduce the Rent Review Board
from five members to three members.
Strateqic Plan Obiective
N/A
Executive Summary
The only change, at this time, within the Amended Rent Control Ordinance is the reduction of
the Rent Review Board as noted above. City staff and City Attorney have conducted two
community meetings with residents of the mobile home parks (i.e., Silver Spur, Indian Springs,
Suncrest, and Palm Desert Mobile Estates) and other interested parties. The primary issue
expressed by residents regarding the proposed ordinance amendments was the elimination of
the Rent Review Board and having only a one person review process. As a result, the above
proposal is being recommended so as to address resident concerns .as well as to address City
concerns with maintaining a viable Rent Review Board.
Background
This item was originally brought before City Council at its meeting of April 14, 2016, to consider
elimination of the Rent Review Board and move to a City Manager/Hearing Officer review.
However, after hearing from mobile home park residents, the item was continued in order for
staff to conduct community meetings to obtain feedback from interested parties.
Based on the initial meeting with residents on April 29, 2016, one of the primary concerns
expressed was the issue of having a single person review and approve rent control matters.
Residents thought there could be more potential for abuse (e.g., easier to manipulate or corrupt
one person) and that having a second party review the hearing officer's recommendation
Amended Rent Control Ordinance
September 22, 2016
Page 2
provided better oversight of rent related issues. As a result, the suggestion of maintaining the
Rent Review Board but reducing the number to three members was floated to residents in
attendance. Based on a straw vote of those present, the concept appeared favorable.
This above proposal would both assist the City to maintain (potentially) a viable Commission
while providing the continued over -sight desired by the residents. Also, it would ensure that if a
Hardship or Capital Improvement Application was submitted in the near future by one of the
park owner's, the City would be able to call a quorum of the Commission with the three existing
members.
In addition, a tentative timeline moving forward was presented as outlined below:
Move forward with initial Amended Rent Control Ordinance to specifically address
reducing the five member Commission to a three member Commission at the
September 22, 2016, City Council meeting
In mid -November create a small working committee with representatives from the
mobile home parks (HOA representatives and park owners/counsel), Director of
Special Programs, and City Attorney to commence with a full review of the Rent
Control Ordinance
In 2017 bring forward an Amended Rent Control Ordinance that updates the current
ordinance to address outdated language and other areas of rent control that need to
be addressed
Staff recommends that the Rent Review Board be reduced to a three member Board.
Fiscal Analvsis
Approval of this item should have no negative impact to)be`City's General Fund.
Submitted by:
Frankie�RWdle
Director of Special Programs
Reviewed:
Rudy . Acosta
Assistant City Manager
Approved:
lit j
AcCarthy
City Manager
R,c6. { Id. Caves
City Attorney
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF - ( Formatted: Block Text, Left, Space After: o
PALM DESERT AMENDING CHAPTER 9.50 MOBILE HOME pt, Widow/Orphan control
-------------------- - —
PARK RENT REVIEW), -SECTION 9.50.040 OF THE PALM Formatted: Font: (Default) Aria]
DESERT MUNICIPAL CODE TO REDUCE THE NUMBER OF
MEMBERS OF THE RENT REVIEW BOARD FROM FIVE TO
THREE.
WHEREAS, the Citv of Palm Desert in considering the needs to maintain a viable Rent
Control Board has reviewed the needs of Citv. residents. and DroDerty owners-, and
WHEREAS, in an effort to obtain feedback from mobile home Dark residents, DroDerty
owner, and other interested Darties several communitv meetings were held as well as other
communications.
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN as follows:
SECTION 1. Section 9.50.040 of the Palm Desert Municipal Code is hereby amended to
read as follows:
"9.50.040 Rent Review Board".
A. There is established within the city a mobile home park rent review board
consisting of threef+ve regular members and two alternate members appointed by the
city council and serving at the pleasure of the city council. Alternates shall serve only to
the extent necessary to form a quorum of twothree members. The secretary of the
board shall determine whether the attendance of one or more alternates at a given
meeting is necessary to ensure a quorum and notify them accordingly. Regular and
alternate board members shall serve a term of four years, at the end of which he/she
may be considered for reappointment. All regular and alternate board members shall be
residents of the city during their terms.
B. Any member who is absent from three regular meetings of the board
during any calendar year shall be deemed to have vacated his or her office.
C. Except as expressly provided in this chapter, the board shall establish the
time and place of its meetings. All meetings of the board shall be conducted in
accordance with the provisions of the Ralph M. Brown Act.
D. Disclosure. All candidates for appointment to the board shall disclose in a
verified statement all present holdings and interests in real property, including interests
in corporations, trusts or other entities owning real property within this jurisdiction as
defined by California Government Code Section 82035. Such disclosure statement shall
be made available to the city council prior to appointment of members of the board, and
shall be filed with the city clerk not less than ten days after appointment. Disclosure of
holdings required herein shall be in addition to any other disclosure required by state or
local law for holders of public office.
ORDINANCE NO.
E. The board shall make and adopt its own rules and regulations for
conducting its business consistent with this chapter and laws of the state, subject to the
approval of the city council. Such rules and regulations shall be reduced to writing and
shall be on file with the city clerk at all times. The board shall appoint such officers as
may be necessary.
F. The board shall keep a record of its proceedings, which shall be open for
inspection by any member of the public.
G. Each member of the board shall be entitled to such compensation as may
be set by the city council by ordinance, to be paid entirely from filing fees paid to the
city.
H. The city manager shall designate an employee who shall serve as the
secretary of the board. The city clerk shall be responsible for the maintenance of all its
permanent records.
I. TwoT#ree members of the board shall constitute a quorum. TwoThree
affirmative votes are required for a decision including all motions, orders and rulings of
the board."
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 roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
Robert Spiegel, Mayor