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O1368 e e CA:RMM:lld081a/hpc city Council Meeting 5-13-86 Santa Monica, California ORDINANCE NUMBER 1368 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4614 OF THE SANTA MONICA MUNICIPAL CODE ENABLING THE RENT CONTROL BOARD TO ENACT REGULATIONS IMPLEMENTING THE ELLIS ACT, GOVERNMENT CODE SECTION 7060 ET SEQ. WHEREAS, the Santa Monica Rent Control Board, duly elected by the voters of the City of Santa Monica, is authorized under city Charter Sections 1802 (e) and 1803 (g) to adopt rules and regulations as will further the purposes of the Rent Control Law and to adopt replacement regulations where State legislation renders provisions of the Rent Control Law unenforceable or invalid; and WHEREAS, the Ellis Act, Government Code Sections 7060 et seq., if upheld by the courts, will effectively render portions of Section 1803 (t) and Section 1806 of the Rent Control Law invalid or unenforceable, provisions related to removal controls and eviction controls respectively; and WHEREAS, the Ellis Act permits public entities to promulgate by state ordinance or regulation, certain implementing provisions; and WHEREAS, the Rent Control Board will be the administrative body responsible for enforcing any such implementing provisions - 1 - e e and will receive the brunt of tenant and landlord inquiries and complaints regarding the Ellis Act; and WHEREAS, the City Council believes that the Rent Control Board now has the power to adopt regulations implementing the protections provided for in the Ellis Act, but to remove all doubt, wishes to exercise its power to delegate authority to the Rent Control Board to adopt such regulations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4614 of the Santa Monica Municipal Code is added to read as follows: SECTION 4614. Requlations Implementing the Ellis Act. The Rent Control Board shall have the authority to enact regulations implementing the anti-abuse provisions permitted by the Ellis Act, Government Code sections 7060 et seq. , consistent with and in furtherance of the purposes of the Rent Control Law. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. - 2 - e e SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ ~. '----(r-- ROBERT M. MYERS . City Attorney - 3 - " e e Adopted an~ approved this 13th day of May, 1986. ,1UAM ~~_-/) VV J" \.MLYlflfriiPorjJ I hereby cert1fy that the forego1ng Ord1nance No. 1368(CCS) was duly and regularly introduced at a meeting of the C1ty Counc 11 on the 30th day of Apr il 1986; that the sa1d Ord inance was thereafter duly adopted at a meet1ng of the City Council on the 13th day of May 1986 by the follow1ng Counc11 vote: Ayes: Councilmernbers: Conn, Epstein, Jenn1ngs, H. Katz and Zane Noes: Counc11members: None Abstain: Counc11mernbers: None Absent: Councilrnernbers: A. Katz and Mayor Reed ........-3: .I . "- '-... -~ ~_." ~ "- ::..:..-_.- :~ - - - -- .- ATTEST: - ---' '"-" ---- ~ 7;;::-~. .:.._:__:..~:.---_: ... - --- - _ -.i'__ '",: " . . - ......... -.... . ... .. ....... City e.lerk "---p--"- ~ - .....~ ... - .- PROO' 0' PUBL'A liON (2015.5 C. C. P.) STATE OF CALIFORNIA, County of Los Angeles. I am a citizen of the United States and a resident of the County aforsatd. I am over the age of eighteen years. and not a party to or Interested In the above-entltted matter I am the principal clerk of the printer of the .........~.............~.........~.................. EVENING OUTLOOK ~....c.........,.........~.+.~... ~...........~..... a newspaper of general circulation. printed DAILY EXCEPT SUNDAY and publlst\" .. II .. .. III . .. . . .. .. .. " II- " . .. .. oil .. .. . . -II' .. . ...... . . . . SANTA MONICA in the City of ,............... ................. County of Los Angeles. and which nHlspaper nas been adl udged a newspaper of general circulation by the Superior Courl of the County of Los Ange'es. St.te of Callfornla, under the date of. ~~~...~~, l'~~.., 314319 . Case Number................. that the notice. of WhlC:h the annexed IS a printed copy Cstt In type not smaller than nonpareil), hu bHn published In .ach regular and entf". ISSue of satd newspaper and not in a.w supplement thereof on the following dates, to-wit: ......... ..~... "~I."..".. +.......................... ~......... all in the yea,. 1~... I certify (or declare} under penalty of perlury that the foregoing Is true and correct Oeted at.. .~.~~~~. .~~~7~~. ......... ...... ..... California. this.. ..~.. ..day of..~.., 19~.. ........- ~~9~~' ~~. ......... ..,.. attIM" ",11l"."1l ....... ",.., .. ......... ...... CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal AdvertiSing Clearing House I' 0 lox 3 1 Loa Angeles CA 90053 TeleQhone 625-2541 ,.,.... ,...It.t' o. .... A L ,.....f II' ""bl'e.'I!)1I """." orllffll'''' till, fotm --.-- A cJVAA( This space is for ~unty CJ.rk~s Filing Stamp Proof at Publication of e .