TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn Barrow, City Attorney
SUBJECT:Title
An Urgency Ordinance of the City of Manhattan Beach Amending Urgency Ordinance No. 20-0012-U to Exclude Multi-location Companies from the Ordinance’s Protections of Commercial Tenants and Declaring the Urgency Thereof (City Attorney Barrow).
ADOPT URGENCY ORDINANCE NO. 20-0018-U
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council adopt Ordinance No. 20-0018-U.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND/DISCUSSION:
On March 17, 2020, the City Council adopted Urgency Ordinance No. 20-0012-U to provide temporary regulations on commercial and residential evictions for the duration of the COVID-19 pandemic emergency. On June 4, 2020, the City Council adopted Urgency Ordinance No. 20-0016-U to amend 20-0012-U to:
1. Exclude multi-national companies, publicly traded companies, and companies that employ more than 500 employees from the ordinance’s protections of commercial tenants;
2. Require tenants to notify the landlord of lost income or inability to pay full rent within seven days after the date that rent is due; and
3. Clarify the definitions of “commercial real property”, “commercial tenant”, and “no-fault eviction.”
At the request of two Councilmembers at a recent Council meeting, staff has drafted an ordinance amending Ordinance No. 20-0012-U to exclude “multi-location” tenants from the temporary relief provided by Ordinance No. 20-0012-U.
The proposed ordinance amends the definition of commercial tenant in Section 2 D to replace “multi-national” with “multi-location,” as follows:
“Section D. For purposes of this Ordinance, “commercial tenant” refers to any tenant of commercial real property, except a tenant that is a multi-location company, a publicly traded company, or a company that, with its affiliates, employs more than 500 employees.”
If adopted by a 4/5th vote, the new Ordinance would:
• exclude multi-location companies, rather than “multi-national companies,” from the anti-eviction protection provided to commercial tenants; and
• retain the other amendments set forth in Urgency Ordinance No. 20-0016-U.
In that all the other amendments contained in Urgency Ordinance No. 20-0016-U are duplicated in the new Ordinance, the new Ordinance repeals Urgency Ordinance No. 20-0016-U.
Staff recommends adopting Urgency Ordinance No. 20-0018-U.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
LEGAL REVIEW:
The City Attorney has approved the ordinance as to form.
ATTACHMENTS:
1. Draft Urgency Ordinance No. 20-0018-U
2. Urgency Ordinance No. 20-0016-U
3. Urgency Ordinance No. 20-0012-U