DATE: MAY 13, 2025
DEPARTMENT: ADMINISTRATION
CITY ATTORNEY’S OFFICE
COMMUNITY DEVELOPMENT DEPARTMENT
FROM: RENÉ MENDEZ, CITY MANAGER
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
LISA BRINTON, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: AN ORDINANCE REPEALING ORDINANCE NO. 2663 (RESIDENTIAL RENTAL REGISTRATION), ORDINANCE NO. 2681 (RENT STABILIZATION), ORDINANCE NO. 2682 (TENANT PROTECTION AND JUST CAUSE EVICTION, AND ORDINANCE NO. 2683 (TENANT ANTI-HARASSMENT) RECOMMENDED MOTION:
Consider adopting an ordinance repealing the following ordinances:
Ordinance No. 2663, Residential Rental Registration;
Ordinance No. 2681, Rent Stabilization;
Ordinance No. 2682, Tenant Protection and Just Cause Eviction; and Ordinance No. 2683, Tenant Anti-Harassment.
EXECUTIVE SUMMARY:
On April 22, 2025, the City Council received a report on the City’s Residential Rental Registration and Rent Stabilization Program, including a report on the Residential Rental Registration program and the City’s Rent Stabilization program. Following receipt of this report and receipt of public comment, participating both in attendance and remotely via Zoom, the City Council directed staff to return to the City Council as soon as possible with an ordinance to repeal the Residential Rental Registration ordinance, the Rent Stabilization Ordinance, the Tenant Protection and Just Cause Eviction Ordinance, and the Tenant Anti-Harassment Ordinance. In addition, the City Council directed staff to return to the City Council with a report on the establishment of a rental assistance program and with monthly housing reports. This Report relates to the repeal of the four ordinances listed above, while a separate report will be presented on the establishment of a rental assistance program and on the presentation of monthly housing reports.
Article 11 of the Salinas Charter provides the process by which ordinances may be adopted. Pursuant to Charter Section 11.3, an ordinance may not be passed on the same day of its introduction unless the ordinance is unanimously approved by all members of the City Council. As such, if the proposed ordinance does not receive unanimous approval of the City Council on May 13, 2025, the proposed ordinance will be brought back to the City Council at its next regular meeting (June 3, 2025) for adoption. In order for the proposed ordinance to be adopted, it must receive the affirmative vote of at least a majority of the members of the City Council. If the proposed ordinance is adopted by the City Council, it will become effective thirty (30) days thereafter.
BACKGROUND:
In April 2023, the City Council adopted an ordinance establishing a Residential Rental Registration Program. (Ordinance No. 2663, codified at Article I of Chapter 17 of the Salinas Municipal Code.) In September 2024, the City Council adopted three ordinances establishing a Rent Stabilization Program, including a Rent Stabilization Ordinance (Ordinance No. 2681, codified at Article IIA of Chapter 17 of the Salinas Municipal Code), a Tenant Protection and Just Cause Eviction Ordinance (Ordinance No. 2682, codified at Article IIB of Chapter 17 of the Salinas Municipal Code), and a Tenant Anti-Harassment Ordinance (Ordinance No. 2683, codified at Article IIC of Chapter 17 of the Salinas Municipal Code). These four ordinances are collectively referred to in this Report as the “Ordinances.” The Residential Registration Ordinance requires all landlords to register their residential rental properties with the City. The registration process aids in maintaining accurate records of rental units and facilities effective communication between the City and property owners, Landlords are required to provide essential information about their properties and pay an annual registration fee.
The Rent Stabilization Ordinance limits the amount and frequency of rent increases for applicable rental units. Intended to address housing affordability, it ensures tenants are protected from excessive rent hikes while allowing landlords to receive fair return on their investments. The ordinance outlines specific guidelines for rent adjustments and establishes a framework for resolving disputes.
The Tenant Protection and Just Cause Eviction Ordinance establishes criteria for lawful evictions, ensuring tenants are not unjustly displaced. It requires just cause for terminating a tenancy, including non-payment of rent or violation of the terms of a rental agreement. Additionally, the ordinance mandates the payment of three months’ rent as relocation assistance for tenants subject to no-fault evictions, offering additional security and support.
The Tenant Anti-Harassment Ordinance prohibits landlords from engaging in behaviors that harass or intimidate tenants. It defines specific actions considered as harassment, such as interrupting essential services, failing to perform necessary repairs, or attempting to coerce tenants into vacating their units. The ordinance provides penalties for non-compliance, thereby promoting a respectful and safe living environment for tenants.
If the City Council takes action to repeal the Ordinances, additional staff work would be required to wind down the programs. We anticipate such action will generate questions from those affected by the action, which may result in the need for further action by the City.
As directed by the City Council, a proposed ordinance has been prepared to repeal the Ordinances in their entirety. The proposed ordinance is attached to this Report. Should the City Council take action to repeal the Ordinances, the Ordinances would no longer be of any force or effect. In addition, if the proposed ordinance is adopted, the City Council would also need to take action to rescind the resolutions establishing the program fees for the Residential Rental Registration Program and the Rent Stabilization program fee. Those resolutions would be presented to the City Council at the time the City Council considers adopting an ordinance to repeal the Ordinances.
CEQA CONSIDERATION:
The City Council’s consideration and adoption of the proposed ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it would not have a significant effect on the environment. Additionally, the City Council’s consideration and adoption of the proposed ordinance is exempt because it does not meet the definition of a “project” under CEQA, pursuant to CEQA Guidelines sections 15060(c)(1) and 15378(a), because it has no potential to result in a direct or reasonably foreseeable physical change in the environment.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No, Government Code §84308 (the Levine Act) does not apply to the actions recommended in this Report.
STRATEGIC PLAN INITIATIVE:
The actions recommended in this Report are consistent with and support the City Council’s goal of an Effective and Culturally Responsive Government (City of Salinas Strategic Plan 2022-2025).
DEPARTMENTAL COORDINATION:
The City Manager, City Attorney, and Community Development Department coordinated on this Report.
FISCAL AND SUSTAINABILITY IMPACT:
As referenced in the April 22, 2025 report to the City Council on the Residential Rental Registration Program and the Rent Stabilization Program, implementation of both programs was intended to be cost-neutral and self-funded through the collection of annual fee revenues. Program Fee revenue exceeded Program cost which will allow for the General Fund loan transfer in the amount of $205,203 to be repaid. As mentioned in the April 22, 2025 report, there may be additional funds remaining after the General Fund loan has been repaid, which will need to be addressed.
The City has entered into contracts associated with the implementation of the Residential Registration Program and the Rent Stabilization Program. If the proposed ordinance is adopted by the Council, once it becomes effective the City will honor its commitments made for work performed through the effective date of the proposed ordinance, but it is expected that the contracts for those services would be terminated.
Fund
Appropriation
Appropriation
Name
Total Appropriation
Amount for recommendation
FY 24-25 Operating Budget Page
Last Budget Action (Date, Resolution)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.
ATTACHMENTS:
Proposed Ordinance
Ordinance No. 2663
Ordinance No. 2681
Ordinance No. 2682
Ordinance No. 2683
ORDINANCE NO. ________ (N.C.S.)
AN ORDINANCE REPEALING ORDINANCE NO. 2663, ORDINANCE NO. 2681, ORDINANCE NO. 2682, AND ORDINANCE NO. 2683 City Attorney Impartial Analysis
This ordinance repeals Ordinance No. 2663, codified at Article I of Chapter 17 of the Salinas Municipal Code (Residential Rental Registration); Ordinance No. 2681, codified at Article IIA of Chapter 17 of the Salinas Municipal Code (Rent Stabilization); Ordinance No. 2682, codified at Article IIB of Chapter 17 of the Salinas Municipal Code (Tenant Protection and Just Cause Eviction); and Ordinance No. 2683, codified at Article IIC of Chapter 17 of the Salinas Municipal Code (Tenant Anti-Harassment).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS AS FOLLOWS:
SECTION 1. Ordinance No. 2663, codified at Article I of Chapter 17 of the Salinas Municipal Code and titled “Residential Rental Registration” is hereby repealed in its entirety.
SECTION 2. Ordinance No. 2681, codified at Article IIA of Chapter 17 of the Salinas Municipal Code and titled “Rent Stabilization” is hereby repealed in its entirety.
SECTION 3. Ordinance No. 2682, codified at Article IIB of the Salinas Municipal Code and titled “Tenant Protection and Just Cause Eviction” is hereby repealed in its entirety.
SECTION 4. Ordinance No. 2683, codified at article IIC of the Salinas Municipal Code and titled “Tenant Anti-Harassment" is hereby repealed in its entirety.
SECTION 5. All ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith are hereby repealed as of the effective date of this ordinance.
SECTION 6. Publication. The City Clerk shall cause a summary of this ordinance to be published once in a newspaper published and circulated in Salinas within fifteen (15) days after adoption. (Salinas Charter Section 11.9) SECTION 7. CEQA Compliance. The City Council’s adoption of this ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines Section 15061(b)(3) because it would not have a significant effect on the environment. Additionally, the City Council’s adoption of this ordinance is exempt because it does not meet the definition of a “project” under CEQA, pursuant to CEQA Guidelines sections 15060(c)(1) and 15378(a), because it has no potential to result in a direct or reasonably foreseeable physical change in the environment.
SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Salinas City Council hereby declares that it would have passed this ordinance and each and every section, subsection, clause, and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. Effective Date. This ordinance will take effect thirty (30) days from and after its adoption.
This Ordinance was INTRODUCED on the ______ day of _____________________, 2025, and was PASSED AND ADOPTED on the ______ day of ______________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________________
Dennis Donohue, Mayor
APPROVED AS TO FORM:
___________________________________
Christopher A. Callihan, City Attorney
ATTEST:
___________________________________
Patricia M. Barajas, City Clerk
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