HomeMy WebLinkAbout18457 - RESOLUTIONS - 8/10/1994 RESOLUTION NO. 18457
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PROVIDING FOR AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON
NOVEMBER 8, 1994, FOR THE PURPOSE OF SUBMITTING TO
' THE QUALIFIED VOTERS OF SAID CITY, A MEASURE TO
ADOPT AN ORDINANCE AMENDING CHAPTERS 4.08, 4.02
AND 4.04 OF THE MUNICIPAL CODE, RELATING TO RENT
CONTROL, TO PROVIDE FOR THE DECONTROL OF RENTS
UPON THE VACANCY OF ANY APARTMENT,CONDOMINIUM,
OR SINGLE-FAMILY RESIDENCE OCCUPIED BY A RENTER,
CURRENTLY SUBJECT TO RENT CONTROL,BUT EXCLUDING
MOBILEHOME. SPACES FROM VACANCY DECONTROL OF
RENTS.
WHEREAS the City Council of the City of Palm Springs desires to place before the qualified voters
of the City of Palm Springs a measure to consider adoption of an ordinance which amends chapters
4.08, 4.02 And 4.04 Of the municipal code, relating to rent control, to provide for the decontrol of
rents upon the vacancy of any apartment, condominium, or single-family residence occupied by a
renter, currently subject to rent control, but excluding mobilehome spaces from such vacancy decontrol
of rents; and
WHEREAS the Special Municipal Election will be held in said City, to be consolidated with the
Statewide General Election, on November 8, 1994;
' NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows:
Section 1. That there shall be and there is hereby ordered a Special Municipal Election, to be
consolidated with the Statewide General Election to be held November 8, 1994, for
the purpose of submitting to the qualified electors of said City, the following measure,
to wit:
MEASURE [ ] Shall the ordinance which amends the Palm
Springs Rent Control Ordinance so that
apartments, condominiums, and single-family YES
units are permanently removed from rent
control when vacated by their current
occupants, but leaving the rent control
ordinance unchanged for mobilehome park NO
units be adopted?
Section 2. The Board of Supervisors of the County of Riverside is hereby requested to
consolidate the Special Municipal Election to be held in said City on November 8,
1994 with the General Election to be held on said date; and to issue to all officer of
said County charged with duties pertaining to said General Election instructions to
take any and all steps necessary for the holding of said consolidated election.
' Section 3. That the measure shall be designated on the ballot by a letter printed on the left
margin of the square containing a description of the measure, as provided by Section
10219 of the Elections Code.
In the event the measure receives a greater number of YES votes than NO votes, the
measure shall be deemed approved by the voters.
In the event a measure receives a greater number of NO votes than YES votes, a
measure shall be deemed disapproved by the voters.
Res. 18457
Page 2
Section 4. In all particulars not recited in this Resolution, said election shall be held and
conducted as provided by law for holding Municipal Elections in said City.
Section 5. Notice of time and place of holding said election is hereby given and the City Clerk '
is hereby authorized, instructed and directed to give such further or a additional notice
of said election, in time, form and manner as required by law.
Section 6. That the City Clerk shall transmit a copy of the measure referenced in Section 1 to
the City Attorney and the City Attorney shall prepare an impartial analysis of the
measure showing the effect of the measure on existing law and the operation of the
measure.
Section 7. The Registrar of Voters is hereby authorized to canvass the returns of said Special
Municipal Election, and said election and said General Election shall be held in all
respects as if there were only one election, and only one form of ballot shall be used.
Section 8. The City of Palm Springs shall reimburse the County of Riverside in full for such
services rendered, upon presentation of a proper invoice to the City Clerk of said
City.
Section 9. That the proposed ordinance to be submitted to the voters is attached hereto as Exhibit
"A" and incorporated herein as if fully set forth.
ADOPTED this 10th day of August, 1994.
AYES: Members Lyons, Reller-Spurgin and Mayor Maryanov '
NOES: Member Hodges
ABSENT: None
ABSTAINED: Member Kleindienst
ATTEST:
CITY OF M SPRIN ALIFORNIA
�_ a �•
By -
City Clerk City Manager
REVIEWED & APPROVED:
SENT BY:KUTAN & 'IUCKER 8-10-04 : 5:30PM KUTAN & 'PUCKER- 61332362074 4/10
EXHIBIT A
ORDINANCE NO.
' AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING CHAPTERS 4 . 08 AND
4 , 04 OF THE MUNICIPAL CODE, RELATING TO RENT
CONTROL, TO PROVIDE FOR THE .PERMANENT DECONTROL OF
RENTS UPON THE VACANCY OF ANY APARTMENT,
CONDOMINIUM, OP SINGLE-FAMILY RESIDENCE OCCUPIED BY
A RENTER, CURRENTLY SUBJECT TO RENT CONTROL, BUT
NOT DECONTROLLING RENTS ON MOBILEHOME SPACES
WHEREAS, Initiative Measure "H" was adopted after a
majority vote of the electors of the City of Palm Springs
at the April 10, 1990, City General Election; and
WHEREAS, Initiative Measure "H" is codified as Chapter
No. 4 . 08 of the Palm Springs Municipal Code, and relates
to the application and administration of rent control
within the City; and
WHEREAS, The People of the City of Palm Springs desire to
amend Chapter 4 . 08, 4 . 02 and 4 . 04 of the Municipal Code
' to provide for the permanent decontrol of rent upon the
vacancy of any apartment, condominium, single-family
residence which is occupied by a renter, currently
subject to rent control, but not decontrolling rents on
mobilehome spaces .
NOW, THEREFORE, THE PEOPLE OF THE CITY OF PALM SPRINGS
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 4 . 08 of the Palm Springs
Municipal Code is hereby amended as follows :
(a) Section 4 , 08 . 060 (i) of the - Palm Springs Municipal
Code is hereby deleted in its entirety and replaced as
follows : '
vacancy Decontrol , Except as otherwise
provided in Section 4 . 08 . 060 (j ) , and
notwithstanding any other provision of
this Chapter 4 . 08 to the contrary, in the
event any tenancy in any residential
rental unit, excluding any tenancy in any
mobilehome space as defined in Civil. Code
§ 798 .12 , is terminated as the result of
' consensual action of a landlord and
tenant, or as the result of a lawful
involuntary eviction or termination by a
landlord, the maximum allowable rent for
any such residential rental unit,
excluding any mobilehome space, may be
adjusted without regard to the provisions
of this Chapter 4 .08 , and such
residential rental unit shall no longer
be subject to the provisions of this
Chapter 4 . 08 . "
FSZ268WHOM aM1\208e094 I U"n"fui
SENT BY:KUTAN & 'I'UCKER ; 8-10-04 : 5:40PM KU'IAN & IUCKER- 6193288207;9 5/10
Ord. No.
Page 2
(b) Section 4 . 08 .060 (j ) is hereby added to the Palm
Springs Municipal Code as follows :
(j ) Prchibi _q&_ Landlord (;Q uctt . The
foregoing Section 4 .08 . 060 (i) shall not
apply, and there shall be no decontrol of
rents upon the termination of any tenancy
in any residential rental unit, excluding
any tenancy in any mobilehome space as
defined in Civil Cade § 798 . 12, in any of
the fo:Llowing circumstances :
(1) The termination of any tenancy with
respect to any residential rental
unit, excluding a tenancy in any
mobilehome space as defined in Civil
Code § 798 .12, as the :result of the
termination of any rental assistance
paid to any tenant pursuant to any
federal or state program of rental
assistance;
(2) The termination of any tenancy with ,
respect to any residential rental
unit, excluding a tenancy in any
mobilehome space as defined in Cavil
Code § 798 .12, by a landlord on any
ground other than (i) a default in
the payment of rent on the part of
the tenant, (ii) a breach of any
provision of any lease or rental
agreement by the tenant, (iii) a
nuisance committed by or permitted
to exist by any tenant, (iv) where a
residential rental unit is utilized
by or permitted to be utilized by
the tenant for any illegal purpose
including, but not limited to, the
purchase and sale of controlled
substances, or acts of prostitution,
or (v) where the landlord in good
faith seeks to recover possession of
the residential rental unit to be
occupied by the landlord, or the
children, parents , siblings ,
grandparents, father-in-law, mother-
in-law, son-in.-law, or daughter-in- ,
law of such landlord for
residential purposes .
(3) The termination of any tenancy with
respect to any residential rental
unit, excluding a tenancy in any
mobilehome space as defined in Civil
Code ,§ 798 . 12 , where the landlord
has engaged in a course of conduct
resulting in an unreasonable
interference with the tenant ' s
SENT BY:RU'I'AN & TUCKER 8-10-94 ; 5:40PM RUTAN & TUCKER 6133208207;# 6/10
Ord. No.
Page 3
' comfort, safety, or enjoyment of
such residential rental unit . "
(c) Section 4 .08 . 070 (f) (2) of the Palm Springs Municipal
Code is hereby amended, in its entirety, to provide as
follows :
11 (2) To receive, hear and determine
petitions or other requests of
tenants, landlords, or other
interested persons for
interpretations of this Chapter
4 . 08, or for a review of a
landlord' s actions, proposed
actions, or alleged violations of
Section 4 . 08 . 060 (i) and/or (j ) of
this Chapter 4 . 08 . In hearing such
petitions or requests of tenants,
landlords, or other interested
persons, except as authorized by
subdivisions 4 of this subsection
(f) , the commission shall have no
' authority to fix or award civil
penalties, damages, or the
attorneys` fees of any tenants,
landlords, or other interested
persons, but shall have the
authority to assess against a
landlord appearing in such
proceedings the actual costs, in
whole or in part, including the
attorneys' fees incurred by the
commission in the conduct of such
proceedings in those cases where the
commission shall find and determine
the landlord has violated any of the
provisions of this Chapter 4 . 08 .
The findings and determinations or
decisions of the commission shall be
available in written form for use in
any judicial proceeding which may be
brought pursuant to this Chapter
4 . 08 . 11
(d) Section 4 . 08 . 120 of the Palm Springs Municipal Code
is hereby amended, in its entirety, to provide as
' follows :
114, 08 , 120 Remedies. (a) If the landlord
demands, accepts, receives, or
retains any rent payment in excess
of the amounts permitted by this
Chapter 4 ,08, the tenant may recover
said sum from the landlord as actual
damages , together with a civil
penalty of up to Five Hundred
Dollars ($500 .00) per violation,
together with reasonable attorneys'
SENT BY:RUTAN & 'TUCKER 8-10-04 ; 5:41rM RUTAN & TUCKEK2 8183238207;# 7/]U
Ord. No.
Page 4
fees all as determined by a court of '
competent jurisdiction.
(b) The failure on the part of any
landlord to comply with the
provisions of Section 4 . 08 . 060 (i) or
the actions of any landlord in
violation of Section 4 . 08 . 060 (j ) of
this Chapter 4 .08 shall be a defense
in any action or legal proceedinc to
recover possession of a residential
rental unit otherwise subject to the
provisions of this Chapter 4 . 08 .
(c) in any action or other legal
proceeding to recover possession of
a residential rental unit otherwise
subject to the provisions of this
Chapter 4 . 08, a landlord shall
allege substantial compliance with
the provisions of Section
4 . 08 . 060 (i ) and shall further allege
that the landlord has not violated ,
any of the provisions specified in
Section 4 .08 . 060 (j ) . Failure of the
landlord to comply with this
subsection (c) shall be an
additional defense to any action or
other 'Legal proceeding for possesion
of a residential rental unit
otherwise subject to the provisons
of this Chapter 4 . 08 . "
SECTION 2 . Chapters 4 . 02 and 4 . 04 of the Palm Springs
Municipal Code are hereby amended as follows ;
Section 4 . 02 . 075 :is hereby added to the Palm Springs
Municipal Code as follows :
114 . 02 . 075 vacancy Decontrol . (a) Except: as
otherwise provided herein, and not
withstanding any other provision of
this Chapter 4 , 08 to the contrary,
in the event any tenancy in any
residential rental unit, excluding
any tenancy in any mobilehome space
as defined in Civil Code 5 798 . 12 , '
is terminated as the result of
consensual action of a landlord and
tenant, or as the result of a lawful
involuntary eviction or termination
by a landlord, the maximum allowable
rent for any such residential rental
unit, excluding any mobile:home
space, may be adjusted without
regard to the provisions of this
Chapter, and such residential rental
units shall no longer be subject to
SENT BY:RUTAN & TUCKER 8-10-04 ; 5:42PM RUTAN & TUCKER- 01932382074 8/10
Ord, No.
Page 5
the provisions of Chapters 4 . 02 or
4 , 04 ,
(b) The foregoing sub-section (a)
providing for vacancy decontrol
shall not apply, and there shall be
no decontrol of rents upon the
termination of any tenancy in any
residential rental unit, excluding
any tenancy in any mobilehome space
as defined in Cavil Code N 798 . 12 ,
in any of the following
circumstances ;
(1) The termination of any tenancy with
respect to any residential rental
unit, excluding any tenancy in any
mobilehome space as defined in Civil
Code § 798 . 12 , as the result of the
termination of any rental assistance
paid to any tenant pursuant to any
federal or state program of rental
' assistance;
(2) The termination of any tenancy with
respect to any residential rental
unit, excluding any tenancy in any
mobilehome space as defined in Civil
Code § 798 , 12 , by a landlord on any
ground other than (i) a default in
the payment of rent on the part of
the tenant, (ii) a breach of any
provision of any lease or rental
agreement by the tenant , (iii) a
nuisance committed by or permitted
to exist by any tenant, (iv) where a
residential rental unit is utilized
by or permitted to be utilized by
the tenant for any illegal purpose
including, but not limited to, the
purchase and sale of controlled
substances, or acts of prostitution,
or (v) where the landlord in good
faith seeks to recover possession of
the residential rental unit to be
occupied by the landlord, or the
children, parents, siblings,
grandparents, father-in-law, mother-
in-law, son-in-law, or daughter-in-
law of such landlord for
residential purposes .
(3) The termination of any tenancy with
respect to any residential rental
unit, excluding any tenancy in any
mobilehome space as defined in Civil
Code § 798 . 12, where the landlord
has Engaged in a course of conduct
resulting in an unreasonable
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KN'I BY:RU'I'AN & RICER 8-10-04 : 3:42PM : RUTAN & 'I IJCKtR- 5193238207;# 0/10
Ord. No.
Page 6
interference with the tenant' s '
comfort, safety, or enjoyment of
such residential rental. unit . "
(c) Section 4 . 04 . 050 (2) of the Palm Springs Municipal
Code is hereby amended, in its entirety, to read as
follows :
" (2) To receive, hear and determine
petitions or other requests of
tenants, landlords, or other
interested persons for
interpretations of the ordinance or
for a review of landlord' s actions,
proposed actions, or alleged
violations of Section 4 . 02 . 075
pursuant to Chapter 4 . 02 . In
hearing such petitions! or requests
of tenants, landlords, or other
interested persons, except as
authorized by subdivisions 4 of this
subsections (f) , the commission
shall have no authority to fix or '
award civil penalties, damages, or
the attorneys' fees of any tenants,
landlords, or other interested
persons, but shall. have the
authority to assess against a
landlord appearing in such
proceedings the actual costs, in
whole or in part, including the
attorneys' fees incurred by the
commission in the conduct of such
proceedings in those cases where the
commission shall find and determine
the landlord has violated any of the
provisions of this Chapter. The
findings and determinations or
decisions of the commission shall be
available in written form for use in
any judicial proceeding which may be
brought pursuant to this Chapter
4 . 08 . "
(d) Section 4 .02 . 090 of the Palm Springs Municipal Code
shall be amended, to add as follows :
't (f) The failure on the part of any ,
landlord to comply with the
,provisions of Section 4 .02 .075 (a) or
the actions of any landlord in
violation of Section 1 . 02 . 075 (b) of
Chapter 4 . 02 shall be: a defense in
any action or legal proceeding to
recover possession of a residential
rental unit otherwise subject to the
provisions of this Chapter.
SENT BY:KLITAN & TUCKER 6-10-04 ; 5:40PM RUTAN & TUCKER 6193238207;#10/10
Ord, No.
Page 7
' (g) In any action or other legal
proceeding to recover possession of
a residential rental unit otherwise
subject to the provisions of Chapter
4. 02, a landlord shall allege in the
complaint for possession substantial
compliance with the provisions of
Section 4 . 02 . 075 (a) and shall
further allege that the landlord has
not violated any of the provisions
specified in Section 4 , 02 , 075 (b) .
Failure of the landlord to comply
with this subsection shall be an
additional defense to any action or
other legal proceeding for possesion
of a residential rental unit
otherwise subject to the provisions
of this Chapter 4 . 02 . "
SECTION 3 . Pursuant to Elections Code § 4013, if a
majority of the voters voting on this ordinance vote in
its favor, this ordinance shall become a valid, binding
ordinance of the City ten (10) days after the date that
the vote is declared by the City Council .
APPROVED and ADOPTED by the People of the City of Palm
Springs after an election held on the day of
1994 .
AYES :
NOES :
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk Mayor
REVIEWED & APPROVED:
Department Head City Attorney
PM266V014684-W)))20Atu)041 nn116104