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O2575City Council Meeting: May 22, 2018 ORDINANCE NUMBER Santa Monica, California 2s -75 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4.27 TITLED TENANT PROTECTION TO THE SANTA MONICA MUNICIPAL CODE, MAKING CLERICAL CHANGES TO ARTICLE 4 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SECTION 4.27.050 LIMITING NO-FAULT EVICTIONS OF STUDENTS AND EDUCATORS DURING THE SCHOOL YEAR WHEREAS, the City of Santa Monica (the "City") is committed to maintaining an inclusive and diverse community, where all children can learn and thrive; WHEREAS, the City has a long history of dedicating public resources to ensure that children receive the best developmental and educational opportunities available to foster their growth as members of the City community; and WHEREAS, children are the foundation on which a strong, vibrant and dynamic Santa Monica is built and maintained; and WHEREAS, stable housing, especially during the school year, is an important factor in a child's development and education; and WHEREAS, many factors contribute to a student's academic performance, including family experiences and housing, as well as the quality and continuity of individual teachers; and 1 WHEREAS, changes in students' housing or educators during the school year negatively impact students' development and academic progress, producing potentially lasting harm; and WHEREAS, municipalities have authority to impose reasonable limitations on evictions in order to serve the public good; and WHEREAS, given the paramount importance of nurturing and educating the City's next -generation, the City Council finds that it is necessary to adopt this Ordinance to minimize educational disruptions by adopting substantive limitations on the grounds for evictions of students and educators during the school year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.27 of the City of Santa Monica Municipal Code is hereby added and titled TENANT PROTECTION. SECTION 2. Section 4.32.100 of the City of Santa Monica Municipal Code is hereby moved in its entirety and without amendment to Chapter 4.27 and renumbered as 4.27.010. SECTION 3. Section 4.32.110 of the City of Santa Monica Municipal Code is hereby moved in its entirety and without amendment to Chapter 4.27 and renumbered as 4.27.020. SECTION 4. Section 4.32.120 of the City of Santa Monica Municipal Code is hereby moved in its entirety and without amendment to Chapter 4.27 and renumbered as 4.27.030. K SECTION 5. Section 4.32.130 of the City of Santa Monica Municipal Code is hereby moved in its entirety and without amendment to Chapter 4.27 and renumbered as 4.27.040. SECTION 6. Section 4.27.050 of the City of Santa Monica Municipal Code is hereby added to read as follows: 4.27.050 Substantive Eviction Defense for Educators and Students a) For purposes of this Section, the following terms shall have the following meanings: 1) "Custodial relationship" means, with respect to a child and a person, that the person is a legal guardian of the child, or has a court -recognized caregiver authorization affidavit for the child, or that the person has provided full-time custodial care of the child pursuant to an agreement with the child's legal guardian or court -recognized caregiver and has been providing that care for at least one year or half of the child's lifetime, whichever is less. 2) "Educator" means any person who works at a school in Santa Monica as an employee or independent contractor of the school or of the governing body that has jurisdiction over the school, including, without limitation, all teachers, classroom aides, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, security guards, cafeteria workers, community relations specialists, child welfare and attendance liaisons, and learning support consultants. 3 3) "Family relationship" means that the person is the parent, grandparent, brother, sister, aunt, or uncle of the child or educator, or the spouse or domestic partner of such relations. 4) "School' means any state -licensed child care center, state -licensed family day care, and/or any public, private, or parochial institution that provides educational instruction for students in any or all of the grades from kindergarten through twelfth grade. 5) "School year" means the first day of instruction through the last day of instruction on the Santa Monica -Malibu Unified School District District Calendar. b) It shall be a defense to any eviction instituted pursuant to Charter Sections 1806(a)(8), 1806(a)(9), 1806(a)(10), 2304(a)(8), and 2304(a)(9) if: 1) a child under the age of 18 or any educator resides in the unit; 2) the child or educator is a tenant in the unit or has a custodial or family relationship with a tenant in the unit; 3) the tenant has resided in the unit for 12 months or more; and 4) the effective date of the notice of termination of tenancy falls during the school year. SECTION 7. Any provision of the City of 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 effect the provisions of this Ordinance. SECTION 8. 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 0 court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 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 9. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this Ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty (30) days from the second reading of the ordinance. APPROVED AS TO FORM: LANE DILG City Attorney 5 Approved and adopted this 22nd clay of May, 2018. T�d & � Ted Winterer, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Esterlina Lugo, Acting Senior Deputy City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2575 (CCS) had its introduction on May 8, 2018, and was adopted at the Santa Monica City Council meeting held on May 22, 2018, by the following vote: AYES: Councilmembers Himmelrich, O'Day, Vazquez Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmembers McKeown, O'Connor ATTEST: Esterlina Lugo, eputy City Clerk U 113 Date A summary of Ordinance No. 2575 (CCS) was duly published pursuant to California Government Code Section 40806.