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Final Passage of Ordinance Amending the Alameda Municipal Code by Eliminating the Sunset Clause (December 31, 2019) from Ordinance No. 3148 (City of Alameda Rent Review, Rent Stabilization, and Limitations on Evictions Ordinance). (Rent Stabilization 265)
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CITY OF ALAMEDA ORDINANCE NO.__________
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ELIMINATING THE SUNSET CLAUSE (DECEMBER 31, 2019) FROM ORDINANCE NO. 3148 (CITY OF ALAMEDA RENT REVIEW, RENT STABILIZATION, AND LIMITATIONS ON EVICTIONS ORDINANCE)
WHEREAS, in response to community concern that rents in Alameda were rising at a rate greater than household incomes and that some landlords were terminating tenancies for no cause in order to raise rents, after numerous public hearings, the Alameda City Council on March 1, 2016, adopted an Ordinance (Ordinance No. 3148), which became effective March 31, 2016, that sets forth (a) procedures for the review of rent increases applicable to all rental units, (b) procedures for the stabilization of rent increases above 5% for certain rental units, (c) limitations on the grounds for which landlords may terminate tenancies for tenants in all rental units and (d) a requirement that landlords pay relocation fees when terminating a tenancy for certain reasons, such as a “no cause” tenancy termination; and
WHEREAS, the City Council placed on the November 8, 2016 ballot a measure (designated as Measure L1) asking Alameda voters to confirm Ordinance No. 3148 but which measure, if passed by a majority vote, also provided the City Council would retain the authority to amend, suspend or repeal Ordinance No. 3148 without a further vote of the people; and
WHEREAS, Alameda voters passed Measure L1 with 55.5% of the voters in favor of the measure; and
WHEREAS, based on public testimony, the information and reports in its agenda packets, and other information and testimony presented by or to the City Council on April 2, 2019, the City Council finds and determines that to continue to protect the public health, safety, and welfare of Alamedans, including by stabilizing rents, addressing the impacts of displacement and evictions, and ensuring a fair return on real property, the Council seeks to take affirmative action to extend the Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS:
Section 1: REPEAL. Section 6-58.200 (Repeal of Article) of Chapter VI of Article XV of the Alameda Municipal Code is repealed in its entirety.
6-58.200 - Repeal of Article [Repealed]
Section 2: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061(b)(3) (no significant environmental impact).
Section 3: Severability
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
____________________________
Presiding Officer of the City Council
Attest:
___________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 16th day of April, 2019, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of April, 2019.
_____________________
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
__________________________
Michael H. Roush, Interim City Attorney
City of Alameda