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From YouTube: San Bruno City Council Meeting May 12, 2020 7a. Temporary Moratorium on Evictions - Small Businesses
Description
San Bruno City Council Meeting May 12, 2020
7a. Temporary Moratorium on Evictions for Small Business Commercial Tenants
B
A
C
A
A
C
We've
got
the
first
slide
were
word
10%
there
all
right.
So
this
is
a
discussion
as
mayor
indicated
about
the
commercial
eviction
urgency
ordinance
and
we
have
a
brief
agenda
with
background,
we'll
just
briefly
go
over
the
policy
rationales
at
legal
basis.
We're
gonna
look
at
the
ordinance
provisions
that
we've
drafted
and
then
next
steps.
C
So
this
is
what
we
displayed
last
time,
so
I'm
not
going
to
spend
any
more
than
a
minute
on
this
particular
slide.
We
have
shelter
in
place,
orders
and
a
state
order
on
March
16,
March
23rd,
the
county
adopted
a
moratorium
on
residential
evictions
that
covered
the
entire
county,
including
the
city
of
San
Bruno,
and
then
on
April
7.
The
county
adopted
a
moratorium
on
commercial
evictions
that
covered
only
the
unincorporated
areas,
and
then
it
your
last
meet
on
the
28th.
Mr.
C
mayor
members
of
the
City
Council
you
provided
direction
to
staff
to
after
an
ordinance
that
was
similar
to
those
that
were
being
adopted
almost
universally
by
other
cities
on
the
peninsula.
So
briefly,
to
review
the
policy
rationales.
We've
all
said
it
before
the
city
manager
said
that
council
members
have
said
it
we're
in
a
severe
and
unprecedented
economic
time
that
will
hopefully
only
occur
once
in
our
lifetime.
C
There
is
a
clearly
a
public
interest
in
small
businesses
remaining
open
well
because
they
provide
essential
services
during
the
pandemic,
we've
used
them
all
they're
essential
for
the
public
health
safety
and
welfare,
there's
also
a
public
interest
in
other
small
business
opening
when
that's
allowed
and
you've
already
seen
some
of
that
possibility
of
reopening
with
the
state
order.
Although
the
county
orders
are
still
in
effect,
but
eventually
that
will
occur
not
immediately
and
those
businesses
are
also
essential
to
the
health,
safety
and
welfare
of
the
residents
of
our
community
city
council.
C
Also,
briefly,
looked
at
some
of
the
other
considerations
about
whether
to
adopt
this
kind
of
ordinance.
There
is
a
more
equal
bargaining
position
between
commercial
landlords
and
tenants
than
in
the
residential
setting.
The
City
Council
considered
that
some
landlords
I
qualify
as
small
businesses
themselves,
so
not
just
tenants,
but
landlords
might
be
I
mean.
In
addition,
you
heard
that
the
courts
are
not
hearing
any
eviction
cases
until
90
days
after
the
shelter-in-place
order
is
lifted
by
the
governor,
so
the
possibility
of
an
actual
eviction
is
relatively
low.
C
C
Important
to
note
this
does
require
a
four-fifths
vote
of
the
City
Council,
so
for
for
affirmative
votes
are
required
for
the
adoption
of
this
ordinance
and,
if
that
occurs
tonight
or
at
a
later
date,
the
ordinance
is
effective
immediately.
There's
no
second
reading
like
there
is
for
other
ordinances.
C
Let's
take
a
second
and
review
the
ordinance
provisions
that
we
included
based
on
the
City
Council's
direction.
So
the
first
question
was
what
should
be
the
floor
or
the
ceiling
for
annual
gross
receipts
for
tenants
that
would
qualify
and
what
the
City
Council
directed
was
five
million
dollars,
and
so
that
covers
over
ninety
percent
of
all
of
the
businesses
in
San
Bruno.
So,
quite
a
quite
a
generous
large
number
of
small
businesses
included
in
that
definition,
the
ordinance
would
be
effective
until
the
31st
of
this
month,
unless
extended
and
old.
C
C
So
if
you're
a
commercial
tenant-
and
you
received
a
notice
of
eviction
from
your
landlord
and
that
notice
hasn't
expired,
yet
this
ordinance
would
protect
you
like
the
other
ordinances
in
the
county.
This
requires
landlords
to
notify
tenants
of
the
ordinance
itself
and
to
their
rights
to
submit
documentation
or
why
they
can't
pay
the
rent
due
to
a
Kovan.
C
Nineteen
related
inability
to
pay
and
that's
very
similar
to
the
other
ordinances
in
the
county
and
the
City
Council
also
requested
that
we
include
a
provision
also
similar
to
ordinances
in
the
county,
that
the
tenant
can
defer,
paying
rent
or
up
to
90
days
initially,
but
then
can
request
from
the
landlord
three
additional
30-day
periods.
So
that
would
bring
them
basically
the
end
of
November
of
this
year
if
they
request
it
and
receive
those
additional
three
30-day
periods.
C
The
ordinance,
similarly
also
two
other
ordinances
prohibits
late
fees.
The
City
Council
did
request
that
we
include
the
possibility
of
granting
a
hardship
waiver
for
the
landlord,
so
landlord
can
make
its
case
to
the
city
manager
of
whose
decision
is
final,
regarding
whether
there
should
be
a
hardship
waiver
or
not,
for
that
particular
landlord.
C
The
City
Council
also
requested
that
we
make
it
clear
that
enforcement
would
be
by
the
private
parties
and
not
the
city
and
then
finally,
getting
back
to
that
expiration
date.
May
31st
doesn't
seem
like
that
long
term
now,
and
somebody
might
ask
why
don't
we
make
it
extend
longer
than
that?
And
the
answer
to
that
is
that
the
state
order
issued
by
the
governor
only
authorizes
cities
to
do
this
until
the
31st,
and
so
it's
possible
that
that
order
will
be
expected
extended
and
if
it
is,
the
City
Council
can
similarly
extend
this
ordinance.
C
Let's
say
the
governor
decides
to
extend
that
authority
to
the
all
the
cities
in
California
to
adopt
these
kinds
of
ordinances.
Then
we
would
plan
to
come
back
to
you
on
June,
2nd
at
the
special
City
Council
meeting,
that's
already
scheduled
for
another
matter,
to
bring
this
back
for
a
further
extension
and
that
only
results
in
having
to
look
back
at
a
or
two
for
it
for
any
any
gap.
So
that's
not
a
problem,
so
that's
the
reason
why
it's
it's
only
valid
until
the
31st
of
this
month.
So
what
are
the
next
steps?
C
If
there's
any
questions,
I'd
be
happy
to
answer
them?
I
request
it.
If
there's
any
members
of
the
public
who
wish
to
comment
that
they
be
allowed
to
do
so,
have
some
city
council
discussion
and
then,
if
the
City
Council
desires,
they
can
adopt
the
ordinance
by
a
4/5
boat.
So
that
concludes
my
presentation
and
I'd
be
happy
to
answer
any
questions.
A
A
A
D
Michael,
so
just
a
couple
of
things,
so
the
we
will
require
landlords
to
notify
their
tenants
of
this,
and
so
then
I
imagine
the
city
will
initially
take
the
action
of
notifying
the
landlords.
Once
this
is
passed
and
so
do
we
have
a
list
of
all
of
those
landlords
that
will
fall
within
this
particular
ordinance
and
and
have
a
way
of
reaching
out
to
them.
And
and
what
is
that
communication
plan.
C
If
I
may,
through
through
the
chair,
that's
a
question,
so
the
city
does
not
necessarily
have
a
list
of
all
landlords.
We
know
who
some
of
the
major
landlords
and
the
cities
are
in
the
city
is,
but
we
sort
our
information
about
business
licenses,
whether
people
say
they're,
a
landlord
or
not,
they
could
be
in
their
own
business,
and
we
wouldn't
know
that.
D
C
D
You
know
if
there
if
we
are
helping
a
large
number
of
the
small
businesses,
or
this
is
largely
an
empty
gesture,
and
so
if
there
is
some
way
for
us
to
track
that
between
now
and
the
time
that
we
would
have
to
look
at
an
extension
of
it,
it
would
be
I
think
valuable
painting
to
have
I
just
don't
know,
there's
a
way
for
us
to
track
it.
Yeah.
C
Her
to
either
the
city
manager
or
the
Community
Development
Director
on
that
the
ordinance
doesn't
require
a
tenant
to
notify
the
the
city
if
they're
requesting
one
or
what
happened
or
how
it,
how
it
all
turned
out.
So
there's
really
no
clear
way
other
than
anecdotally
to
obtain
that
information
at
this
time,
but
certainly
staff
can
you
know
we?
We
know
we're
where
the
small
businesses
are.
Many
of
them
are,
and
staff
can
certainly
keep
their
eyes
and
ears
open
about
it
as
time
progresses
to
see.
C
That's
a
good
question,
not
not
necessarily,
certainly
not
a
small
business
I
mean
in
some
circumstances
we
might
get
notified
if
there's
a
bankruptcy
say
and
if
they
they
happen
water
bill.
So,
but
but
just
when
a
business
goes
out
of
business
unless
there
are
certain
size
or
they
lay
off
a
certain
number
of
employees
and
are
subject
to
state
law.
For
that
we
wouldn't
necessarily
know
that.
Okay,.
E
This
is
Lynette.
Thank
you.
I
just
wanted
to
thank
you
for
doing
the
research
and
getting
this
together.
I
fully
support
this
moving
forward
and
it's
timely,
because
today
we
got
a
notification
from
the
county,
informing
everybody
of
the
first
group
of
recipients
of
SMC
strong
funds
with
the
grants
that
came
out
and
a
lot
of
cities
have
gotten
honestly
more
money
because
they've
put
more
money
in
and
just
looking
at
the
list.
San
Bruno,
it
looks
like
three
of
our
businesses
received
$10,000
grants,
one
one
in
our
dry-cleaning
Raphael
family
ink
and
vnr
LLC.
A
Okay:
this
is
an
action
item.
This
is
again,
as
you
know,
it's
a
urgency
ordinance,
so
it
does
require
for
affirmative
votes
and
again
for
staff.
I,
appreciate,
I,
know,
counsel,
brought
brought
this
to
you
and
you
did
the
homework
and
you
brought
it
back
pulled
together.
Our
data
I
also
appreciate
all
my
colleagues
who
planet
came
together,
gave
clear
direction
and
came
to
this,
and
we
have
to
be
for
it.
So
thank
you
to
all
of
you
as
well
with
that.
We
would
need
somebody
to
have
a
motion
to
adopt
the
ordinance.