►
Description
San Bruno City Council Meeting April 28, 2020
7b. Temporary Moratorium on Evictions
B
C
C
So,
as
you
know,
on
March
16th
of
this
year
there
is
a
shelter-in-place
order
in
an
emergency
Proclamation
by
both
the
county
and
the
city
of
San
Bruno,
and
on
that
same
date,
the
governor
issued
an
order
authorizing
local
jurisdictions
to
adopt
residential
and
commercial
moratoria
on
evictions,
and
so
that
was
an
authorization.
It
wasn't
a
requirement
to
do
so.
The
state
left
it
up
to
individual
entities
such
as
cities
and
counties
so
on
the
23rd
of
March.
C
The
county
did
adopt
a
moratorium
on
residential
evictions
covering
the
entire
county,
so
in
other
words,
all
residential
evictions
everywhere
in
the
county,
cities
or
unincorporated
areas
are
now
covered
by
that
moratorium
and
I
believe
that
the
Board
of
Supervisors
also
just
recently
enacted
with
respect
to
that
particular
moratorium.
A
rent,
freeze
and
I'm.
Sorry,
I
don't
have
all
the
details
of
that
at
hand,
but
that's
an
action
that
the
the
Board
of
Supervisors
recently
took.
C
If
memory
serves
on
April
7th,
the
board
of
supervisor
Supervisors
adopted
a
moratorium
on
commercial
evictions,
but
covering
only
the
unincorporated
areas.
So
in
this
one,
unlike
the
residential
eviction
ordinance,
they
chose
not
to
include
all
of
the
cities
in
the
in
the
order.
So
it
only
covers
unincorporated
areas.
C
So
let's
talk
a
little
bit
about
what
the
policy
rationales
for
such
an
ordinance
might
be.
I
think
the
first
one
is
obvious:
we're
currently
in
a
pandemic
resulting
in
a
severe
and
unpress
economic
and
social
dislocation,
so
in
cities
and
the
county
do
have
a
public
interest
in
small
businesses
remaining
open
because
those
businesses
provide
essential
services.
So
that's
important
and
that's
good
for
the
public
health,
safety
and
welfare,
which
is
a
reason
that
you
can
adopt
one
of
these
ordinances,
if
you
so
desire.
C
Another
issue
that
was
raised
is
that
some
landlords
might
actually
qualify
as
small
businesses.
So
in
other
words,
you
have
a
small
business
tenant,
but
you
might
also
have
a
small
business
landlord,
and
so
that's
just
something
to
consider
in
terms
of
each
individual
community
and
then.
Finally,
the
thing
to
keep
in
mind
is
that
the
printer
or
basically
closed
to
eviction
cases
they're
not
going
to
be
hearing
any
of
the
material
90
days
after
the
shelter
order
lifted
governor.
C
So
there
will
not
actually
be
any
evictions
at
the
earliest
until
90
days
after
the
shelter-in-place
order
is
actually
quite
after
that,
because
on
day,
91
is
the
loss
who
can
actually
be
serve,
and
then
there
is
cancer.
There's
the
coverage,
so
lawsuits
regarding
partial
additions
are
unlikely
to
proceed
any
any
time
in
the
near
future.
So
what
would
be
the
legal
basis
for
an
ordinance
prohibiting
commercial
evictions
at
this
time?
C
Well,
the
government
code
does
give
you
the
opportunity
to
adopt
an
urgency
ordinance,
protect
the
public
peace,
health,
safety
and
welfare,
that's
very
general,
but
for
an
urgency
ordinance.
You
really
need
some
detailed,
factual
findings
and
you'll
see
those
factual
findings
in
a
variety
of
expressions
in
both
county
ordinance
and
in
the
city
ordinances
that
have
been
adopted
that
I
attach
to
your
staff
report.
The
good
news
about
those
findings
is
that
the
courts
will
generally
defer
to
the
City
Council's
findings.
C
So
if
the
City
Council
says
something
is
an
urgent
problem,
the
courts
usually
aren't
going
to
second-guess
that
unless
there
are
some
sort
of
overriding
either
a
constitutional
or
other
state
law
issue
that
the
court
identifies
urgency,
ordinances
which
are
adopted
at
one
meeting,
you
don't
need
two
readings
like
most
other
ordinances.
Do
require
a
4/5
vote
of
the
council,
so
we're
not
asking
you
to
vote
on
anything
tonight,
but
we
are
looking
for
some
direction
about
whether
you're
interested
in
adopting
such
an
ordinance.
C
So,
let's
talk
just
for
a
few
minutes
about
what
such
an
ordinance
might
contain
and
the
basic
goal
of
the
ordinance
is
to
prohibit
steps
being
taken
toward
commercial
evictions.
Well,
what
does
that
mean?
And
so
normally
that
means
that
before
you
can
evict
a
tenant,
you
have
to
send
them
a
notice.
It's
either
a
three
day
notice,
pay
or
quit,
or
it's
a
30
day
notice.
If,
if
that's
what's
allowed
by
the
lease
says
that
we're
we
want
to
evict
you
based
on
either
non-payment
of
rent
or
for
some
other
reason.
C
So
what
these
ordinances
do
that
the
county
and
other
cities
have
adopted?
Is
they
say
that
if
the
tenant
can't
pay
for
a
reason,
that's
directly
related
to
kovat
19
conditions,
then
the
ordinance
prohibits
the
landlord
from
evicting
them
under
certain
circumstances,
and
so
you'll
see.
If
you
look
at
the
ordinances
that
there's
a
sort
of
a
large
number
of
conditions
that
might
qualify
for
this
loss
of
income,
you
know
girls,
recedes
medical
bills
and
expenses.
Maybe
the
business
was
closed.
C
Obviously,
that's
going
to
be
a
problem,
but
it
has
to
be
related
to
kovat
19.
It
can't
just
be
the
business
was
failing
before
and
and
now
it's
it's
really
failed
and
it's
not
related
to
kovat
19,
and
so
what
this
requires,
or
what
these
ordinances
uniformly
require
is
the
landlord
before
they
serve
any
sort
of
notice.
C
They
have
to
give
notice
to
the
tenant
that
this
ordinance
exists
and
the
city
or
the
county
would
would
come
up
with
a
form
for
that
and
it
requires
the
tenant
to
document
the
loss
of
income
or
other
conditions
that
are
related
to
kovat
19.
So
the
rent
isn't
forgiven.
It
still
remains
due
and
it
remains
due.
C
However,
after
the
ordinance
expires
and
all
of
the
ordinances
that
we've
got
for
you
this
evening,
they
all
expire
on
May,
31st
and
I
think
that
date
was
selected
as
the
current
outside
date
of
when
the
shelter
in
place
orders
might
be.
In
effect,
it's
certainly
possible.
They
would
be
extended
and
you
could
extend
this
ordinance
as
well,
if
you,
if
you
wanted
to
or
we
adopt
a
new
one,
but
the
ones
that
are
in
your
package
are
all
expire
on
the
31st.
So
these
are
the
provisions
that
are
essentially
common
to
all
ordinances.
C
C
Actually
so
the
county
and
Menlo
Park
and
Pacifica
say
that
if
you
have
gross
receipts
of
less
than
two
and
a
half
million
dollars,
you're
a
small
business
and
the
basis
for
that
was
because
that
is
the
same
definition
of
a
small
business
used
by
Sam,
Sita,
apparently
and
they're.
The
grantor
loan
programs
that
they're
facilitating
Millbrae
decided
to
say
to
cover
businesses
that
have
gross
receipts
of
up
to
five
million
dollars.
C
So
obviously
that
would
cover
more
businesses
than
if
it
was
two
and
a
half
million
and
the
cities
of
San
Mateo
and
South
San
Francisco,
said
25
million,
again,
obviously
covering
quite
quite
a
bit
many
more
businesses.
So
the
question
for
San
Bruno
is
what's
what's
the
right
number
and
that's
a
policy
decision
for
you,
and
so
we
did
a
little
research.
Thank
you
to
the
finance
department.
We've
got
about
2900
businesses
that
pay
a
business
license
and
little
over
4%
have
gross
receipts
of
more
than
5
million
a
little
over
7%.
C
C
You
capture
everyone
below
that
threshold,
so
in
other
words
it
would
be
the
seven
point,
one
the
16%
and
then
everybody
that's
less
than
a
million
dollars,
which
is
quite
quite
a
few
of
our
businesses,
as
you
can
tell
so
that's
one
policy
decision
or
the
city
to
make,
and
don't
worry
we'll
summarize
these
at
the
end,
so
you
don't
have
to
keep
them
in
mind.
So
the
next
question
is:
what's
the
date
that
the
ordinance
is
effective
and
most
of
them
have
made
it
deviate
of
adoption.
C
But
there
is
an
option
that
we've
discussed
where
the
ordinance
could
be
made.
Retroactive
to
the
date
of
non
expired
notices
of
eviction.
So,
for
example,
if
I'm
a
tenant
and
I've
already
received
a
notice
of
eviction,
but
it
hasn't
expired,
yet
the
ordinance
could
be
made
applicable
to
them
all
right.
What
are
the
other
issues
that
we
might
want
to
look
at?
So
the
next
question
is:
how
much
time
do
you
have
to
pay
after
the
ordinance
expires
and
again
we
have
a
little
variation.
C
Pacifica
said
basically
90
days
and
the
other
said,
a
total
of
100
and
of
a
of
80
days
hundred
and
eighty,
but
some
of
them
in
increments.
So
in
other
words,
you
get
90
up
front,
and
then
you
get
30-day
increments
as
long
as
you
can
prove
that
you're
still
having
a
problem,
so
that's
Paul's
to
decision
to
account
for
the
City
Council.
C
You
want
to
go
for
shorter
now
and
then
provide
increments
or
you
want
to
just
say
180
days
or
something
in
between
another
policy
question
is
whether
the
ordinance
should
have
a
hardship
waiver
for
the
landlord.
What
is
that
and
what
that's
referring
to
is
if
the
landlord
could
come
in
and
say,
wait
a
second.
You
know
maybe
I'm
a
small
business
too,
and
if
I
don't
get
this
rent
I'm
going
to
go
out
of
this
and
to
waiver
that
the
street
manager
in
these
ordinances
law
and
County
and
San
Francisco
the
city
of
salad.
C
He
said
no
we're
not
going
to
put
that
in
the
ordinance
he
enters
here
and
I
asked
well.
Why
was
that?
And
one
of
the
reasons
is
because
having
that
waiver
allows
the
city
to
better
defend
the
ordinance,
in
other
words,
there's
the
safety
valve
and
one
of
the
things
we
like
to
do
as
lawyers
is
always
create
a
safety
valve.
So
the
data
lay
there
is
a
compression
and
it
can
be
exercised.
C
And
in
the
final
topic
of
discussion
and
direction
is
whether
you
want
to
include
an
option
for
the
city
to
enforce
the
ordinance
and
the
student
said
no
will
allow
that
to
the
private
parties
and
the
other
said
yes
without
an
option.
City
enforcement
I
think
it's
an
open
question
about
how
the
city
would
enforce
it
to
be
difficult
and
supportive,
because
the
city's
getting
involved
in
the
commercial
relationships
between
commercial
landlords
tendinous.
C
So
it's
not
clear
that
we're
we're
really
set
enough
to
do
that,
but
most
of
these
did
include
the
optional
ISA
City
enforcement,
which
is
not
a
standard
for
you
to
enforce
it.
Sorry,
the
questions
for
tonight.
Do
you
want
to
have
an
expiration
date
of
the
third
first,
everybody
hust?
What's
your
definition
of
a
small
business?
Should
it
be
a
million
two
and
a
half
million?
C
A
C
Probably
mitigate
your
risk,
the
most
is
to
include
a
hardship
waiver
for
the
landlord
to
include
that
provision.
It's
not
really
clear
to
me
why
why
other
cities
didn't
include
it
I
know
there
are
a
couple
of
other
cities
that
are
either
deciding
or
have
decided
in
the
last
day
or
two
and
I
don't
have
that
information,
but
that's
important,
because
that
means
that
it's
harder
for
a
landlord
to
do
what's
called
a
facial
challenge
to
the
ordinance.
In
other
words,
the
ordinance
on
its
face
is
somehow
illegal
or
unconstitutional.
C
So,
if
you're
evicted
from
your
house,
well,
you
can't
shelter
in
place
so
now
you're
in
a
catch-22
you're
violating
the
the
order
when
as
a
commercial
eviction,
presumably
those
folks
have
a
place
to
live
they're,
not
really
violating
the
order,
so
I
think
they.
They
looked
at
that
and
thought
well,
if
you're
the
county,
you
can
take
on
the
first
risk
they
didn't
want
to
take
on
the
second
one.
Having
said
that,
most
cities
on
the
peninsula,
or
either
considering
or
have
adopted
this.
A
E
City
of
45,000
people,
so
it
would
be
nice
if
others
contributed,
but
so
the
best
I
understand
here
is
this
is
for
commercial,
but
I
also
think
we
need
to
talk
about
residential
and
I'll.
Leave
that
aside,
you
guys
can
discuss
that
on
the
small
business.
I
would
say
it
would
be.
You
know
anything
below
2.5
million
and
and
that's
what
out
credentials
are
knowledge
to
suggest
that,
but
just
based
on
the
information
that
was
just
given
time
to
pay
I
think
you
know.
E
Once
we
get
through
this,
it's
unreasonable
to
ask
people
to
pay
within
30
or
90
days,
I
mean
they
haven't
made
any
money.
The
180
is
even
an
issue
and
I'd
like
to
think
that
we're
a
community
of
commercial
entrepreneurs
and
and
business
folks,
who
might
forgive
those
who
can
forgive
the
fact
that
that
that
the
payment
would
even
be
need
to
made
it
needs
to
be
made
landlord
hardship.
I
agree
with
that.
I
think
there
are
a
lot
of
landlords
out
there
who
are
in
the
same
position
that
their
tenants
are.
E
E
But
I
do
think
that
if
this
is
an
important
issue
that
we
need
to
talk
about
as
a
community,
because,
if
we're
going
to
come
through
this,
that's
in
a
way
with
the
least
amount
of
damage,
then
we
need
to
work
together
as
a
community,
both
as
landlords
and
tenants,
both
in
the
commercial
and
residential
sector
and
I.
Think
that
works
so
I
have
a
lot
of
optimism
and
what
we
can
do
together
and
I'm
really
looking
forward
to
seeing
what
you
can
all
craft
to
help
make
that
happen,
and
those
are
my
comments.
A
B
F
Yeah
just
wanted
to
think
think,
mark
and
staff
for
bringing
this
item
forward.
You
know
I,
think
that
ethic
council,
everybody
has
expressed
concern
over
our
small
business
community
and
how
we
can
help
and
as
koban
19
has
really
evolved
and
paralyzed
our
economy
here
in
timber.
Now
it's
been
really
hard
to
figure
out
how
we're
gonna
help
small
businesses,
because
other
cities
I
believe
Burlingame,
you
know
practically
overnight,
was
able
to
come
up
with
over
five
hundred
thousand
dollars
to
help
with
their
small
business
community.
F
So
I
think
this
is
one
way
that
we
can
help
our
small
business
community,
because
we
don't
have
the
money
that
other
cities
have
and
I
think.
This
is
really
an
appropriate
step
for
government
to
come
in
and
really
help
it
small
business
community
we're
not
taking
anything
from
the
landlord's
where
we're
gonna
ensure
that
landlords
get
paid,
we're
not
requiring
you
know
anything
to
not
be
paid,
we're
just
saying
hey.
We
need
to
give
our
small
businesses
an
opportunity
to
get
back
on
their
feet.
F
F
F
Okay,
effective
date
and
I
think
it
should
be
retroactive.
This
cut
a
lot
of
people
who
buy
surprised
the
coven
nineteen
shelter-in-place,
so
the
retroactive
to
the
date
that
the
declaration
of
emergency
was
also
retro,
actively
placed
by
resolution
time
to
pay
180
days,
landlord
hardship,
waiver,
yes,
I-
think
the
landlord
should
have
a
hardship
waiver
and
then
the
option
of
the
city
of
enforcement.
I,
don't
think
the
city
should
be
the
enforcement
branch
for
this
particular
this
direction
that
we're
gonna
bet
we
hopefully
will
take.
F
B
D
D
This
is
gonna,
be
very
difficult
for,
for
people
to
get
out
of
this
hole,
I
mean
there's
no
forgiveness
of
loans
or
of
any
kind.
It's
it's.
Looking
pretty
bleak
hearing
from
Jackie
Spears
comments
at
a
conference
call
about
the
number
of
restaurants
that
are
likely
not
to
reopen
in
the
50
percent
range
and
that's
really
really
scary
and
and
will
have
consequences
and
in
all
across
California,
so
I'm
in
support
of
all
this,
the
five
million
is
fine
and
everything
else
that
Linda
said
that
was
I'm.
Fine
with
that.
A
G
G
Rent
so
I
wouldn't
say
that
it's
not
without
any
risk
to
the
landlord,
so
I
believe
the
hardship
waiver
may
allow
them
some
some
way
out
of
this
they're.
Given
that
the
state
has
already
decided
that
their
protection
is
going
to
extend
90
days
past
the
the
shelter-in-place
order,
which
is
as
yet
undefined
that
number
could
you
know
it
could
go
on
for
a
while.
G
Markey
said
that
the
other
cities
are
going
to
provide
some
sort
of
enforcement,
but
maybe
can
you
explain
a
little
bit
more
about
what
that
might
look
like
for
us.
I
know
we're
definitely
not
equipped
to
do
that
now.
But
do
you
have
any
indication
about
what
the
other
cities
are
going
to
do
and
if
there's
anything
that
we
could
do
to
emulate
if
they're
doing
I
yeah.
C
That's
a
good
question:
I
I,
don't
know
the
answer
to
that.
I
do
know
that
I,
don't
think
any
of
the
city
said
that
they're
going
to
enforce
it.
What
they've
done
is
they
just
included
the
standard
provisions
in
their
ordinances?
That
say,
the
city
is
authorized
to
enforce
so
they're,
not
promising
to
enforce
that
they're.
C
I'm,
sorry,
it's
sort
of
the
opposite
of
what
how
the
ordinances
are
written,
but
that's
the
data
that
we
that
we
had
so
with
those
rapidly
the
percentages
represented
the
businesses
that
are
making
more
than
that
particular
number.
So
the
way
our
business
license
tax
works
is
that
if
it's
up
to
a
certain
amount,
you
pay
X.
If
it's
between
x
and
y,
then
you
pay
more.
If
it's
between
y
and
z,
then
you
pay
more,
and
those
thresholds
are
a
million
two
and
a
half
and
five
million.
C
So
the
only
people
over
five
million
dollars
are
128
businesses,
4.4
percent,
so
yeah.
So,
therefore,
if
the
threshold-
let's
just
say
for
sake
of
argument-
were
two
and
a
half
million
that
would
be
not
including
about
twelve
percent
of
the
businesses,
but
you
would
be
including
everybody
other
than
those
twelve
percent,
so
it's
eighty-eight
percent
at
two
and
a
half
million
and
90s
about
96
percent
at
five
million.
So.
G
D
C
A
Within
for
me,
it
seems
like
we're
pretty
much
all
on
the
same
page.
You
know-
and
this
is
something
that
when,
when
the
the
San
Mateo
County
mayor's
met
with
the
county-
and
they
established
a
global
coverage
for
the
whole
county
when
they
took
action
in
regards
to
residential
as
they
took
action
this
morning,
which
is
a
little
off
the
topic,
but
they
did
a
residential
for
residential
freeze
on
a
moratorium
on
rent
increases,
but
that
will
cover
the
whole
county.
So
that's
already
been
enacted
as
of
today's
action
by
the
Board
of
Supervisors.
A
But
what
they
didn't
want
to
do
by
their
legal
counsel
was
take
on
this
topic.
They
were
willing
to
do
it
for
the
unincorporated
areas,
but
not
for
the
rest
of
the
county,
and
that
was
their
legal
counsel,
saying
that
there
was
risk
that
they
didn't
want
to
blanket
us.
So
I
think
the
risk
is
at
this
point,
because
the
courts
are
closed
and
everything
else
nominal,
but
I
think
it's
significant
and
important
enough
that
we
need
to
also
do
what
we
can.
A
It
is
just
something:
I've
always
told
people.
You
know,
as
we
welcomed
in
220,
could
we
ever
imagined
we'd
be
sitting
here
going
through
this
today?
Nothing
that
we
had
thought
of,
but
it
sounds
like
we're
marked
from
my
knowledge.
Is
that
we're
talking
180
days
we're
talking
up
to
5
million
gross
receipts,
we're
talking
retro
back
to
the
emergency,
we're
talking
to
landlord
waiver
and
and
to
go
back
to
the
emergency?
Does
that
give
us
any
more
risk
or
problem
for
us
as
a
city
than
it
would
if
it
if
it
wasn't
retro
I.
C
Think,
finally,
more
risk
than
what
I
indicated
in
my
presentation.
So
what
I
was
talking
about
in
my
presentation
is
retroactivity
to
the
date
of
any
unexpired
notice
of
eviction,
so
that
may
or
may
not
be
back
to
the
effective
date
of
the
shelter-in-place
order.
So,
for
example,
if
if
I
got
a
notice
of
eviction
two
weeks
before
the
shelter-in-place
order,
that
was
a
30-day
notice.
Well,
that's
already
expired,
and
so
that
that
eviction
was
occurring
beforehand.
C
So
I
was
not
necessarily
recommending,
although
it's
a
policy
decision
for
you
that
this
reach
back
that
far
I
was
recommending
that
it
reached
back
to
the
point
of
any
notices
of
eviction
that
have
not
yet
expired.
In
other
words,
the
the
small
business
owner
got
a
notice,
and
it's
still
within
that
four
30-day
period
or
it's
within
some
extension
of
that.
A
C
A
C
I
actually
have
one
one
other
question
on
180
days:
that's
something
that
the
City
Council
wants
to
do
in
increments.
You
know
most
of
the
cities
did
90
and
then
you
know
90
for
sure,
and
then
you
get
three
30-day
extensions.
If
you
can
prove
that
you're
still
having
a
problem
is,
is
that
the
intent
or
are
you
interested
in
just
doing
a
hundred
eighty
days
right
out
of
the
gate.
C
A
I
know
the
county
is
doing
the
30
days
with
the
review
on
the
residential
rent
increases
because
of
state
law
and
and
the
governor's
and
all
of
that,
but
I
I
am
in
favor
of
the
90
days
with
the
30-day
extension
because,
obviously
we
don't
know
where
it's
going.
What
have
you
so
I'm?
Okay
with
that
as
well?
So
that's
just
my
my
thought.
Aggron
I
agree.