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31 RESOLUTION NO. 2022-R_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE APRIL 29 ,
2022 FORTY-SECOND SUPPLEMENT TO PUBLIC ORDER
(TERMINATION OF COMMERCIAL TENANT EVICTION
MORATORIUM AND ESTABLISHMENT OF REPAYMENT
PLANS) ISSUED BY THE CITY MANAGER, AS D IRECTOR OF
EMERGENCY SERVICES, UNDER CITY OF CULVER CITY
EMERGENCY AUTHORITY , DUE TO THE CORONAVIRUS
RESPIRATORY DISEASE (COVID-19) PANDEMIC.
WHEREAS, pursuant to the authority gr anted by Culver City Municipal Code (CCMC) Section 3.09.020, on March 14, 2020, the Ci ty Man ager, as the Directo r of Emergency Services, issued a Pro clamation of Local Emergency due to the outbrea k and spread o f the Coronavirus respiratory disease (COVID-19), which was ratified b y the City Council on Mar ch 18, 2020 by Resolu tion No. 2020 -R015. S uch actio n follow ed the Los Angeles County D epartment of Public Health’s and the Chair of the Board of Superv isor’s declarations of a local health emergency and the State of California’s declaration of a State of Emergency on March 4, 2020, and the Preside nt’s decl aration o f a National Emergency on March 13, 2020; and
WHEREAS, during this unprecedented time, various orders have been issued by the State of Californi a and the Los Angeles Count y Department of Public Health, as well as a number of our neighboring communities, designed to protect both residenti al and commercial tenants from eviction during the COVID-19 pandemic; and WHEREAS, On March 20, 2020, the City Manager issued a First Supplement to Public Order, which included, among other things, protections for commercial tenants against evictions based on an inability to pay rent due to COVID -19 related circumstanc es
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31 (“Commercial Tenant Eviction Moratorium” or “CTEM”). The CTEM has been updated eight times, with the most recent update being issued on February 25, 2021; and WHEREAS, during the course of the last year, economic recovery has been slowly but steadily progressing a nd many cities in the region terminated their commercial tenant eviction moratoria during summer and fall of 2021; and WHEREAS, o n March 14, 2022, the City Council discussed the status of the CTEM and provided direction to the City Manager: (1) to terminate the Morator ium Period of the CTEM July 31, 2022 or the termination of the Local Emergency, whichever occurs earlier ; (2) to retain the 12-month grace period for the repayment of back rent (“Back Rent”); and (3) to establish additional repayment options for tenants to select, including a 24 -month or 30-month graduated payment plan for the repayment of Back Rent, which repayment plan would be superseded by any repayment plan agreed upon in writing as between a landlord and tenant.
The City Council also confirmed landlords may not charge late fees or penalties on any Back Rent owed; and
WHEREAS, o n April 29 , 202 2, the City Manager issued a Forty-Second Supplement to Public Order (“ April 29 Order”) consistent with the with the City Council’s direction. The CTEM Implementation Measures were concurrently amended consistent wit h the April 29 Order.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows:
1. Pursuant to CCMC Section 3.09.02 0.B.1.h(2), the City Council hereby confirms the Forty-Second Supplement to Public Order issued by th e Director o f Emergency Services on April 29, 2022, attached hereto as E xhibit A and incorporated here in as though fully set forth.
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31 2. The City Council finds th at this Resolution is not su bject to the California Environmental Quality Act (“ CEQA”) pursuan t to CEQA guidelines, Californ ia Code of Regulations, Titl e 14, Chapter 3, §15060(c)(2) [the acti vity w ill not result in a direct or reasonably foreseeable indire ct p hysical chang e i n the en vironment] and §15060(c)(3) [the activity is not a p roject as defi ned i n §15 378] b ecause it has no pote ntial for resulting i n physical change to the environment, directly or indirectly.
3. This Resolution shall take effective immediately upon its adoption.
APPROVED and ADOPTED this day of 2022.
DR. DANIEL LEE, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO HEATHER BAKER
City Clerk City Attorney
A22-00057
CITY MANAGER’S OFFICE
CITY OF CULVER CITY
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-6000
•
FAX (310) 253-6010
JOHN M. NACHBAR
CITY MANAGER
____________________________
Culver City Employees take pride in effectively providing the highest levels of service to enrich the quality of life for the community by building on our tradition of more than 100 years of public service, by our present commitment, and by our dedication to meet the challenges of the future.
Forty-Second Supplement to Public Order Under
City of Culver City Emergency Authority
Issue Date: April 29, 2022
Subject: Termination of Commercial Tenant Eviction Moratorium and Repayment of Back Rent
On March 14, 2020, pursuant to the authority granted by Culver City Municipal Code (“CCMC”) Section 3.09.020.B1.a, in my capacity as Director of Emergency Services, I issued a Proclamation of Local Emergency (“Local Emergency”) due to the outbreak and spread of the coronavirus respiratory disease (“COVID-19”) pandemic.
During this time, various orders have been issued by the State of California and the Los Angeles County Department of Public Health, as well as neighboring communities, designed to protect b oth residential and commercial tenants from eviction during the COVID-19 pandemic.
On March 20, 2020, I issued a First Supplement to the Public Order, which included, among other things, protections for commercial tenants against evictions based on an inability to pay rent due to COVID-19 related circumstances (“Commercial Tenant Eviction Moratorium” or “CTEM”). The CTEM has been updated eight times, with the most recent update being issued on February 25, 2021.
On February 22, 2021, the City Council considered recommendations from the Economic Development Subcommittee with regard to proposed modifications to the CTEM and directed the City Manager (1) to extend the CTEM through the end of the Local Emergency; (2) to modify the definition of “Commercial Tenant” to exclude, effective March 1, 2021, any company that, together with that company’s parent, subsidiary, affiliated, and related companies, employed 200 or more employees on March 20, 2020; (3) effective April 1, 2021, to require commercial tenants to pay 25% of the current rent due each month in order to qualify for eviction protection under the CTEM; and (4) to refer landlords and tenants to mediation services at LA Represents, a coalition of law firms, bar associations and attorneys who will provide COVID -19-related legal services free of charge as part of their pro bono commitments. The City Council further directed staff to use its discretion to enhance the documentation requirements of the CTEM Implementation Measures in order to facilitate a clearer understanding of those requirements by landlords and tenants.
Forty-Second Supplement to Public Order Under City of Culver City Emergency Authority Issue Date: April 29, 2022
On February 25 and March 10, 2021, respectively, I issued the Thirty-Fourth Supplement to Public Order and Ninth Amended CTEM Implementation Measures, consistent with the City Council’s direction.
During the course of the last year, economic recovery has been slowly but steadily progressing and many cities in the region terminated their commercial tenant eviction moratoria during summer and fall of 2021.
On March 14, 2022, the City Council discussed the status of the CTEM and provided direction to the City Manager: (1) to terminate the Moratorium Period of the CTEM July 31, 2022 or the termination of the Local Emergency, whichever occurs earlier; (2) to retain the 12 -month grace period for the repayment of back rent (“Back Rent”) ; and (3) to establish additional repayment options for tenants to select, including a 24-month or 30- month graduated payment plan for the repayment of Back Rent, which payment plan would be superseded by any payment plan agreed upon in writing as between a landlord and tenant. The City Council also confirmed landlords may not charge late fees or penalties on any Back Rent owed.
By virtue of the authority vested in me as the Director of Emergency Services , pursuant to the provisions of CCMC Section 3.09.020.B.1.h(2), to make and issue rules and regulations on matters reasonably related to the protection of persons, property and the environment as affected by such emergency, I hereby declare the following orders to be necessary for the protection of life and property and I hereby order (“Public Order”):
1. The Moratorium Period of the Commercial Tenant Eviction Moratorium shall terminate on July 31, 2022 or the termination of the Local Emergency (as determined by resolution of the City Council ), whichever occurs earlier (the “Moratorium Termination Date”).
2. In order to receive the protections of the Commercial Tenant Eviction Moratorium during the payment of Back Rent, tenants must select and adhere to one of the following repayment plans, as further detailed in the Tenth Amended Rules and Implementation Measures issued on April 29, 2022:
a. Repayment of Back Rent in full within 12 months after the Moratorium Termination Date;
b. 24-month graduated repayment plan;
c. 30-month graduated repayment plan; or
d. Any other repayment plan mutually agreed upon in writing by landlord and tenant.
3. No late fees or interest shall be charged to the tenant on Back Rent owed.
Forty-Second Supplement to Public Order Under City of Culver City Emergency Authority Issue Date: April 29, 2022
4. The CTEM Implementation Measures shall be further amended to be consistent with this Public Order in all respects, including any amendments that may enhance the clarity of the procedures established therein.
5. Except as amended hereby, the provisions of the Commercial Tenant Eviction Moratorium shall remain in full force and effect.
6. The tenant protections provided during the period of repayment of Back Rent shall survive the expiration of this Public Order.
Pursuant to the authority set forth in Ordinance No. 2020 -007, each and every violation of the CTEM may be subject to an administrative fine of up to $1,000. Each separate day, or any portion thereof, during which any violation occurs or continues, constitutes a separate violation.
Any violation of this Public Order may also be enforced under the CCMC, which provides for criminal penalties not to exceed $1,000 or imprisonment not to exceed six months or both. Individual officers should use their discretion in enforcing this Public Order and always keep the intent of this Public Order in mind.
This Public Order shall be effective immediately and shall remain in effect through the Moratorium Termination Date (“Expiration”) . This Public Order may be superseded, amended, modified, extended or rescinded prior to its Expiration. The tenant protections provided during the period of repayment of Back Rent shall survive the Expiration of this Public Order.
Date: ______________________
__________________________
John M. Nachbar, City Manager
Director of Emergency Services
City of Culver City
4/29/2022