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HomeMy WebLinkAbout2020-07-14 - AGENDA REPORTS - CONSIDERATION OF AN URGENCY ORD 20-3 TO EXTEND THE (2)0 Agenda Item: 5 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: July 14, 2020 SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING ORDINANCE NO. 20-3 TO EXTEND THE TEMPORARY PROHIBITION ON EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM FINANCIAL IMPACTS OF THE COVID-19 PANDEMIC AND RENT PAYBACK PROVISIONS DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council introduce, waive further reading, and adopt an urgency ordinance via a 4/5 vote of the City Council entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING ORDINANCE NO. 20-3 TO EXTEND THE TEMPORARY PROHIBITION ON EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM FINANCIAL IMPACTS OF THE COVID-19 PANDEMIC AND RENT PAYBACK PROVISIONS" and find that the recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines per Section 15061(b)(3), the General Rule that CEQA only applies to projects that may have an effect on the environment. BACKGROUND On March 31, 2020, the City Council adopted an urgency ordinance (No. 20-3) providing certain eviction protection between March 4 and May 31 for residential and commercial tenants as a result of financial impacts resulting from the COVID-19 pandemic. That moratorium was extended via Ordinance No. 20-4 through the end of June and included a nine month rent payback provision for deferred rent. The City Council indicated it did not wish to be subject to Los Angeles County's (County) eviction moratorium because the rent payback provision differed from the City of Santa Clarita's (City) moratorium. On June 23, 2020, the County extended its moratorium through July 31, 2020. That moratorium has been in effect in the City since July 1, 2020. Page 1 Packet Pg. 34 0 The attached urgency ordinance would extend the City's moratorium so that the moratorium period extends from March 4 through August 31, so that its provisions will govern over those of the County moratorium. There is currently a court order in effect prohibiting the commencement of new unlawful detainer (eviction) cases. Additionally, there are several bills in Sacramento that would provide eviction protection and rent deferral on a uniform statewide basis, but none have yet been adopted by the State legislature. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT No financial impact. ATTACHMENTS Urgency Ordinance Page 2 Packet Pg. 35 5.a ORDINANCE NO. 20- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING ORDINANCE NO. 20-3 TO EXTEND THE TEMPORARY PROHIBITION ON EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM FINANCIAL IMPACTS OF THE COVID-19 PANDEMIC AND RENT PAYBACK PROVISIONS WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency within the State of California ("State") due to the threat posed by Novel Coronavirus ("COVID-19"); and WHEREAS, on March 4, 2020, the Los Angeles County Health Officer issued a Declaration of Local Health Emergency due to the introduction of COVID-19 cases to Los Angeles County; and WHEREAS, on March 4, 2020, Los Angeles County Board of Supervisors ('Board") concurred and issued a Proclamation ("Proclamation") declaring a local emergency within the County of Los Angeles regarding the imminent spread of COVID-19; and WHEREAS, on March 16, 2020, Governor Newsom issued an Executive Order that authorizes local governments to halt evictions for renters, encourages financial institutions to slow foreclosures, and protects renters and homeowners against utility shutoffs for Californians affected by COVID-19; and WHEREAS, on March 19, 2020, Kathryn Barger, Chair of the Los Angeles County Board of Supervisors issued an Executive Order prohibiting residential and commercial evictions in the unincorporated portions of the County under certain circumstances; and WHEREAS, on March 31, 2020, the Santa Clarita City Council adopted an urgency ordinance establishing an eviction moratorium to provide protection to residential and commercial tenants impacted by COVID-19 between March 4 and May 31. The City Council extended that moratorium through June 30 via Ordinance No. 20-4; and WHEREAS, as a result of the public health emergency and the precautions recommended by health authorities, many residential and commercial tenants in the City have experienced and continue to experience sudden and unexpected income loss; and WHEREAS, further economic impacts are anticipated, leaving residential and commercial tenants potentially unable to pay rent and vulnerable to eviction; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, and prevent housed individuals from falling into homelessness, as well as facilitate the rapid return to business and generation of tax revenues and provision of retail services to the Santa Clarita community by commercial tenants. Packet Pg. 36 5.a NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 20-3 is hereby amended to extend the eviction moratorium period so that it is in place from March 4 through August 31, 2020. SECTION 2. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary in the manner required by law. SECTION 3. For the reasons set forth above in the recitals, this Ordinance is an urgency ordinance and shall take effect immediately upon adoption by a 4/5 vote of the City Council, due to the immediate need to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED this 14th day of July 2020. MAYOR ATTEST: CITY CLERK DATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Urgency Ordinance 20- was duly introduced and adopted at the regular meeting of the City Council on the 14th day of July 2020, by the following vote, to wit: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. _ and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK 2 Packet Pg. 37