HomeMy WebLinkAboutCC Ord 1691-U 2021-09-27r -
ORDINANCE 2021-1691U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH REPEALING THE EMERGENCY MORATORIUM ON
THE EVICTION OF COMMERCIAL TENANTS FOR NON-PAYMENT
OF RENT DUE TO COVID-19 FINANCIAL HARDSHIPS AND "NO-
FAULT" COMMERCIAL EVICTIONS AND DECLARING THE
URGENCY THEREOF
WHEREAS, on March 4, 2020, the Governor of the State of California ("Governor")
declared a state ofemergencyto make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the state prepare for
the spread of COVID-19; and
WHEREAS, on March 16, 2020, the Governor issued Executive Order N-28-20, which
suspended "[a]ny provision of state law that would preempt or otherwise restrict a local
government's exercise of its police power to impose substantive limitations on residential or
commercial evictions" of certain tenants affected by the COVID-19 pandemic; and
WHEREAS, on April 7, 2020, the City Council adopted emergency regulations
("Urgency Ordinance No. 1683-U") prohibiting commercial evictions for non-payment of rent and
"no-fault" commercial evictions; and
WHEREAS, Section 3 of Urgency Ordinance No. 1683-U requires rent to be paid in full
by all commercial tenants financially impacted by COVID-19 within six months following the
expiration or termination of the local emergency; and
WHEREAS, Governor Newsom has repealed his Executive Order providing the authority
for cities to adopt commercial eviction moratoria as of September 30, 2021; and
WHEREAS, commercial tenants and landlords are encouraged to work together to relieve
any further hardships related to COVID-19.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings. The City Council finds that each fact set forth in the preceding
recitals is true and correct and incorporated by reference.
Section 2. Reveal of Section 3 of Urgency Ordinance No 1683-U The City Council
hereby repeals Section 3 of Urgency Ordinance No. 1683-U. All other sections of Urgency
Ordinance No. 1683-U shall remain in effect.
Section 3. Repayment by Commercial Tenants. A commercial tenant that has been
unable to pay rent, late fees, or other fees or charges due to financial impacts related to COVID-
19 and has otherwise complied with the requirements of Urgency Ordinance No. 1683-U prior to
the adoption of this Urgency Ordinance shall have six (6) months following the effective date of
this Urgency Ordinance to repay unpaid rent, late fees, or other fees or charges.
Section 4. Urgency. The City Council finds that commercial tenants and landlords will
likely be confused following September 30, 2021 if the City's commercial eviction moratorium is
not repealed in conjunction with the repeal of the Governor's Executive Order. The City Council
further finds that in order to provide clarity to commercial tenants and decrease the risk of the loss
of jobs, local and family-owned businesses, and associated impacts, this Ordinance must be
effective immediately. Therefore, the immediate preservation of the public health, safety and
welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government
Code section 36937(b) and that it take effect immediately upon adoption pursuant to Government
Code section 36934, and its urgency is hereby declared.
Section 5. Uncodified. This Ordinance shall not be codified.
Section 6. Severability. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct and independent
provision and such holding shall not affect the validity and enforceability of the other provisions
of this Ordinance.
Section 7. Effective Date. Based upon the findings in Section 4 of this Ordinance, this
Ordinance shall take effect immediately upon its adoption by a minimum 4/5 vote of the City
Council. { �
Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance, U
and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by
law. The City Manager is directed to widely publicize the adoption of this Ordinance.
PASSED AND ADOPTED by the City Council of the City of Seal Beach on this 27th day
of September, 2021. �W-W
Joe Kalmick, Mayor
FBI
APPROVED FORM ��`GFt;(}i�r1�
raig Steele, City Attorney `
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