SR-6-I (6)
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, MAY 1 3 I.
CA:RMM:lld080a/hpc
city Council Meeting 5-13-86 santa Monica, California
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STAFF REPORT f -
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TO: Mayor and city council
FROM: City Attorney
SUBJECT: Ordinance Enabling the Rent Control Board to
Adopt Regulations to Implement Tenant Protections
Necessitated by and Authorized in the Ellis Act
At its meeting on April 30, 1986, the city council
introduced for first reading an ordinance enabling the Rent
Control Board to adopt regulations to implement the tenant
protections necessitated by and authorized in the Ellis Act. The
ordinance is now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy City Attorney
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MAY 1 3 1986
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY C~ERK'S ACTION
DISTRIBUTION OF RESOLUTION # ORDINANCE # j3t;tf'
Council Meetlng Date ~3"/.1 b Introduced: 4//3'O/?b
Agenda Item # b /t' Adopted:
Jlo AII-vAYS PUBLISH AOOPTlV ORDINANCES*
Was It amended? *Cross out Attomey f s approval
VOTE: Affirmatlve' ~ r ~4'-.-'( j)-<-~,,- ( A .L<~/ ~~---<..
Negative: . "-'/ J /' I' ~
Abstain:
Absent: C? a~ -r a~
~ PROOF VOfE~ WITH ANOTHER PERSON BEFORE A~WTHING
DlST~IBUT10N: uKIGINAL ~o be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date: ) I
Department originating staff report ( )
Management Serv.~se? Lynne Barrette -urdinances only JI
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Agency mentioned ln document or staff report
(certified?)
SubJect file (agenda packet) 1
Counter flle 1
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Others-
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Airport Parking Auth.
Auditorum Personnel
Buildlng Dept. Planning
o..:'u'iillJIU. ty and Econanic Dev. Police (en-
forcement?)
Flnance
Purchaslng .
Flre
RecrjParks
General Servo
Transportation
Library
Treasurer
Manager ;U~~ fm,v I
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SE~D FOU~ COPIES OF ALL ORDINANCES TO: *Check COde Sectl0ns before sending.
CODfD SYSTEMS, Attn Peter Maclearie
120 ~ain rtT~et ~
AV~l, ~~w Jersey_07717
SEND FOUR COPIES OF AU. ORDTNANrps JTG:
-gt?rft ~o:rlck
, M NICA MUNICIPAL COURT /3
,'.725 MAIN STREE~ Room 118 TOTAL COPIES
SANTA MONICA, CA 90401 .
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CA:RMM:11d081a/hpc
city council Meeting 5-13-86 Santa Monica, California
ORDINANCE NU~BER l368(CCS)
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(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 Monlca, 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
sea. , if upheld by the courts, will effectively render portions
of Section 1803(t) and Sectlon 1806 of the Rent control Law
invalid or unenforceable, provlslons 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
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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. Requlat~ons
IIDplementinq 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
at seq. , consistent with and in
furtherance of the purposes of the Rent
Control Law.
SEC'IION 2. Any provision of the Santa !-!onica HU:licipal
Code or appendices thereto incor:.sistent with the provlslons of
thlS ordinance, to the extent of such inconsistencles and no
further, are hereby repealed or modifled to that extent necessary
to affect the provisions of this ordinance.
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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:
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ROBERI'M. MYERS
City Attorney
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Adopteri and approverl thIs 13th riay of May, 1986.
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VV J" U1U'fl<.ritPor"/J
I hereby certIfy that the foregOlrlg OrdInance No. 1368(CCS)
T""as duly awl regularly Introduced at a meetIng of the CIty
CouncIl on the 30th day of AprIl 1986; that the saIr:\ Ord FIance
was thereafter duly adopted at a meetIng of the CIty CourlCll on
the 13th riay of May 1986 by the folloWIng Cou~cll v~te:
Ayes: Councllmembers: Conn, EpsteIn, JennlTlgs, n. Katz
awl Zane
Noes: Councilmembers: None
AbstaIn: Councllmemhers: None
Absent: Councllmembers: . Katz arvi t-1ayor Reeri
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ATTEST:
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Lf-7L-t..--t .' 'C.- YLJ' '" .
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CIty Clerk
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