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.