1 STAFF REPORT
DATE: May 23, 2023
TO: Justin Hess, City Manager
FROM: Joseph H. McDougall, City Attorney
SUBJECT: Approval of a Legal Services Agreement and B udget Amendment for Assembly Bill 1482 and Tenant Protections Study Session
RECOMMENDATION
1. Approve a budget amendment to the Fiscal Year (FY) 2022- 23 Adopted Budget appropriating $50,000 to retain special legal counsel to hold a study session on Assembly Bill (AB) 1482 and tenant protection strategies.
2. Authorize the City Attorney, or their designee, to enter into a Legal Services Agreement with counsel specializing in state and municipal tenant protection mechanisms as recommended by staff, and to execute any ancillary documents necessary to effectuate the implementation thereof.
BACKGROUND
On January 31, 2023, the Community Development Department presented a staff report with a discussion of a potential rent control ordinance in the City of Burbank and existing tenant protections. Staff briefly described previous Council actions on tenant protections, existing protections under AB 1482 (Civil Code § 1946.2) and presented the Council with two options to implement rent control at the local level, either adopt an ordinance or petition to put rent control on the ballot. In response, Council directed staff to schedule a study session on AB 1482 and return with a second step report regarding reasonable objectives for rent stabilization and other local tenant protections (Attachment 1).
On April 25, 2023, tenants of several local apartment buildings spoke during general public comment and many described receiving “no fault” eviction notices related to anticipated building renovations . In response, Council directed staff to agendize the individual tenants’ concerns for the upcoming Landlord Tenant Commission meeting on CITY ATTORNEY’S
OFFICE
2 May 1, 2023. However, concern remains regarding AB 1482’s no-fault eviction provisions, specifically the exception for substantial renovation.
The FY 2 023-24 Proposed Budget includes an expenditure item for $50,000 under the non-departmental tab to retain special counsel to conduct a study session on AB 1482 and available tenant protection strategies. However, o n May 16, 2023, Council Member Perez requested this proposed budget item be brought back immediately as a first step item for Council to disc uss funding and holding the study session before the end of FY 2022-23.
ENVIRONMENTAL REVIEW
This activity involves organizational and administrative activities of the government related to the study, development and implementation of tenant protection strategies which have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment . As such, this action is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
Staff is requesting City Council authority to amend the FY 2022-23 Adopted Budget by appropriating $ 50,000 from account number 001.ND000.30010.0000.00000.000000 (General Fund, Non -Departmental, Unassigned Fund Balance) to expenditure account number 001.ND01A.62085.0000.00000.000000 (General Fund, Non- Departmental, Other Professional Services). Funds will be used to hire a law firm to provide a study session on AB 1482 and available tenant protection strategies and assist staff in the development of tenant protection ordinances and programs.
CONCLUSION
The City Attorney recommends Council approve a budget amendment to the FY 2022-23 Adopted Budget appropriating $50,000 to retain staff-recommended counsel specializing in municipal and statewide tenant protection strategies, and approve and authorize the City Attorney, or their designee, to enter into a Legal Services Agreement to include a study session on AB 1482 and assist in developing tenant protection ordinances and programs as directed by the Council.
ATTACHMENT
Attachment 1 – Staff Report dated January 31, 2023 – Discussion on a Rent Control Ordinance in the City of Burbank and Current Tenant Protections