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HomeMy WebLinkAboutOrdinance 2836 N.C.S. 01/23/2023 DocuSign Envelope ID:05D27468-C9F8-4546-9BF3-4A5E17101376 EFFECTIVE DATE ORDINANCE NO. 2836 N.C.S. OF ORDINANCE February 22, 2023 Introduced by:John Shribbs Seconded by: Dennis Pocekay AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE SUNSET DATE OF ORDINANCE NO. 2823 N.C.S. (ADDING CHAPTER 6.60 TO THE PETALUMA MUNICIPAL CODE, TITLED "RESIDENTIAL TENANCY PROTECTIONS") TO MAINTAIN THE ORDINANCE IN EFFECT UNTIL JULY 1,2023 WHEREAS, on January 9, 2023, at a regularly scheduled meeting the Petaluma City Council, by a vote of 4-2-1 (Yes: Cader Thompson, Barnacle, Pocekay, Shribbs; No: Healy, Nau; Recused: McDonnell) introduced Ordinance No. 2836 N.C.S. (Ordinance 2836); and WHEREAS, if adopted, the Ordinance would extend the expiration date of Ordinance No. 2823 N.C.S. (Ordinance 2823) which added Chapter 6.60 Entitled, "Residential Tenancy Protections" to the Petaluma Municipal Code from March 1, 2023 to July 1, 2023; and WHEREAS, on September 12, 2022, City Council adopted Ordinance No. 2823, amending the Petaluma Municipal Code to add Chapter 6.60 titled, "Residential Tenancy Protections"; and WHEREAS, Ordinance No. 2823 was adopted with a sunset of March 1, 2023, and accordingly on March 1, 2023, Ordinance No. 2823 will expire and cease to be in effect; and WHEREAS, staff are seeking additional time to continue gathering information from stakeholders to assist with preparation of a permanent Residential Tenancy Protection Ordinance that is equitable for both tenants and landlords; and WHEREAS, staff have tentatively scheduled public outreach for February 1, 2023, at a virtual meeting, for February 4, 2023 at an in-person meeting, and in March at a workshop with the City Council on March 6, 2023 with potential introduction of a draft Ordinance amening the City's tenant protections to City Council on March 20, 2023; and WHEREAS, stakeholders and other interested parties can provide information and recommendations regarding the City's tenant protection regulations at tenantprotections(a�citfpetaluma.org; and WHEREAS, pursuant to Government Code Sections 36934 and 36937 municipal ordinances generally require two readings and take effect 30 days after adoption, with approximately 60 days generally required from the introduction of an ordinance for it to become effective; and WHEREAS, on January 9, 2023, the Petaluma City Council considered the proposed ordinance at a duly noticed public meeting at which time all interested members of the public were provided the opportunity to provide public comment. NOW, THEREFORE,BE IT ORDAINED by the Council of the City of Petaluma, as follows: Ordinance No. 2836 N.C.S. Page 1 DocuSign Envelope ID:05D27468-C9F8-4546-9BF3-4A5E17101376 Section 1. Recitals Made Findings. The above recitals are declared to be true and correct and are incorporated into this ordinance as findings of the City Council. Section 2. CEOA Findings. This ordinance is not a "project" within the meaning of Section 15378 of the California Environmental Quality Act Guidelines, because it is an administrative activity has no potential for resulting in physical change in the environment, in that this ordinance would extend residential tenant protection measures for existing residential units in Petaluma, which is solely an administrative process resulting in no physical changes to the environment, and this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures. Section 3.Expiration Date of Ordinance No. 2823 Extended. The expiration date of Ordinance No. 2823 shall no longer be March 1,2023. Ordinance 2823 and Chapter 6.60 of the Petaluma Municipal Code entitled"Residential Tenancy Protections" are hereby amended to remain in effect until July 1, 2023. Section 4. Severability. If any part of this ordinance is for any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining parts of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each of its provisions irrespective of any part being held invalid. Section 5. Effective Date. This ordinance shall become effective thirty(30) days after the date of its adoption by the City Council in accordance with Article XII, Section 76A of the Petaluma Charter. Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. The City Clerk is also hereby directed to file a Notice of Exemption concerning this ordinance with the Office of the Sonoma County Clerk in accordance with Section 15062 of the CEQA Guidelines. INTRODUCED and ordered published and posted this 9th day of January 2023. Ayes: Barnacle, Vice Mayor Cader Thompson, Pocekay, Shribbs Noes: Healy,Nau Abstain: None Absent: None Recused: Mayor McDonnell ADOPTED this 23rd day of January 2023 by the following vote: Ayes: Barnacle, Vice Mayor Cader Thompson, Pocekay, Shribbs Noes: Healy,Nau Abstain: None Absent: None Recused: Mayor McDonnell Ordinance No. 2836 N.C.S. Page 2 DocuSign Envelope ID:05D27468-C9F8-4546-9BF3-4A5E17101376 DocuSigned by: �ain iu, (,AAY J ,N FSN Janice Ca er Thompson, Vice Mayor ATTEST: APPROVED AS TO FORM: DocuSigned by: InDocuSigned by: 184 89 2 492.. EF E F3 KencIaf'�a4wyer, CMC, City Clerk EricS anA9fy,04 Iffity Attorney Ordinance No. 2836 N.C.S. Page 3