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From YouTube: San Bruno City Council Meeting April 13, 2021 6b. Readopt Temp. Moratorium on Sm. Business Evictions
Description
San Bruno City Council Meeting April 13, 2021
6b. Readopt Temporary Moratorium on Evictions for Small Business Tenants
A
C
C
So,
let's
take
a
quick
look
at
our
agenda
for
tonight.
We're
going
to
look
at
some
background.
Remember
the
policy
rationales
for
why
this
was
adopted.
In
the
first
place
we
have
a
survey
of
other
local
agencies
which
is
new.
We
have
a
sort
of
repeat
of
the
legal
basis
for
the
ordinance,
a
brief
review
of
the
ordinance
provisions
and
then
next
steps.
C
So
let's
take
a
look
at
where,
where
we
were
in
case,
anybody
needs
any
reminding.
So
in
march
16
there
was
a
shelter
in
place
order
and
emergency
proclamations.
We
all
remember
that
very
well,
and
then
there
was
a
state
order
which
authorized
local
jurisdictions
to
adopt
residential
and
commercial
moratoria
on
evictions.
C
C
So
under
that
ordinance,
which
has
expired
at
the
end
of
march,
commercial
tenants
still
have
180
days
after
that
to
pay
all
of
the
rent
to
if
it
was
withheld
or
unable
to
be
paid
for
covert
related
reasons.
And
so
that
means
that
if
you
were
one
of
those
tenants
subject
to
the
protection
of
the
ordinance
that
expired
in
march,
you
still
have
until
september
of
this
year
to
pay
your
rent.
C
Now
you
may
know
that
the
governor
recently
again
extended
local
authority
for
these
moratoria
through
june
30
of
this
year,
so
the
policy
rationales
are
are
not
new.
We
talked
about
this
the
the
last
times
we
were
back
at
the
we
were
at
the
city
council,
so
we
won't
spend
a
lot
of
time
on
these,
but
obviously
this
has
been
a
severe
unprecedented
dislocation.
C
However,
there
were
a
couple
of
other
considerations
that
the
city
council
had
previously
considered
about
the
ordinance
and
maybe
some
new
ones
that
have
appeared
now.
So
we
did
tell
the
city
council
there.
There
is
a
more
equal
bargaining
position
between
commercial
landlords
and
tenants
than
residential
ones,
and
the
city
council
also
understand
that
some
landlords
might
themselves
qualify
as
small
businesses,
so,
in
other
words,
attendance
aren't
the
only
small
businesses.
C
However,
we
do
now
see
that
there
are
some
previously
successful
small
businesses
that
are
reopening
as
the
economy
reopens.
Hopefully,
eviction
cases
are
still
delayed
in
court
to
some
degree,
perhaps
not
as
much
as
they
were
before,
but
many
of
the
civil
actions
that
I'm
familiar
with
are
are
delayed
by
by
months
and
eviction.
Cases
I
think
are
are
in
that
category
as
well.
C
The
other
thing
is,
we
don't
really
have
any
data
and
no
obvious
way
to
gather
any
data
regarding
the
effect
that
the
ordinance
has
had
in
san
bruno
and
then.
Finally,
as
you
heard
in
the
prior
agenda
item
and
of
course,
have
been
following
both
in
the
news
media
and
your
positions
as
council
members,
there,
there
are
now
assistance
programs
for
both
landlord
and
tenants
at
most
every
level
of
government.
So
these
are
some
other
policy
things
to
consider
as
you're
deciding
whether
to
re-adopt
the
ordinance.
C
C
C
So
briefly,
we
did
tell
the
city
council
at
the
last
meeting
that
where
this
came
up,
what
is
the
legal
basis
for
the
ordinance
it's
provided
by
the
government
code?
It
does
require
factual
findings
that
are
included
in
the
ordinance
and
the
courts
will
generally
defer
to
that
and,
as
you
may
remember,
the
ordinance
does
require
a
four-fifths
vote
of
the
city
council
because
it's
an
urgency
ordinance.
C
C
It
would
be
effective
until
the
end
of
june,
as
indicated,
and
the
key
point
here
is,
that
would
apply
to
all
unexpired
notices
of
eviction.
So
that
means
that
if
somebody
got
a
notice
of
eviction
on
april
1st,
for
example,
this
ordinance
after
the
last
ordinance
expired,
this
ordinance
would
would
cover
that.
So
there
would
be
no
gap
in
coverage
if
the
city
also
decides
to
adopt.
C
C
C
that
prohibits
late
fees.
It
does
allow
landlords
to
request
a
hardship
waiver
and
by
way
just
just
on
that,
you
know
the
city
has
not
received
any
any
requests
for
any
hardship
waiver,
as
allowed
by
the
ordinance.
The
only
communication
that
the
city
has
had
with
anybody
about
this
ordinance.
The
last
year
has
been
we've
received,
I
think,
maybe
two
or
three
at
the
most
requests
for
copies
of
the
ordinance
by
by
somebody
we
don't
know
whether
they're
a
landlord
or
a
tenant,
and
we
provided
that
ordinance.
C
It's
actually
now
up
on
the
website
and
then,
as
we
know
before,
the
enforcement
is
primarily
by
parties
and
not
the
city.
So
here
we
are
this
evening.
The
city
council
could
certainly
consider
extending,
I
really
mean
to
say,
re-adopting
it
if
it's
further
authorized
by
the
state,
and
it
is
now
further
authorized
by
the
state
if
you
would
like
to
extend
it.
C
So
the
next
steps
really
for
tonight
are
I'd,
be
happy
to
answer
any
questions.
We
should
obtain
public
input
if
any
you
can
discuss
whether
or
not
you
would
like
to
re-adopt
it
and
if
you
decide
to
do
so,
that
would
be
by
a
four-fifths
vote
and
it
would
go
into
effect
immediately
and
relate
back
to
the
end
of
the
expiration
of
the
last
ordinance
was
which
was
march
31st.
A
Thank
you,
city
attorney
for
the
presentation
and
you
could
there
we
go
well
bring
us
all
back,
I'm
going
to
open
it
to
public.
So
if
anybody
from
the
public
would
like
to
speak
on
this,
if
you
could
start
to
raise
your
virtual
hand,
it's
just
a
reminder
to
the
public
as
well
as
the
council.
The
reason
we
have
this
and
each
municipality
does
is
long
ago.
A
When
the
mayor's
met
on
the
county
call,
the
county
was
willing
to
do
rents
for
homeowners
or
folks
renting
as
a
county,
but
they
would
not
do
it
for
small
business
commercial.
They
did
not
want
to
intercede
into
each
of
that
for
a
variety
of
reasons
we
don't
need
to
get
into,
but
that's
why
each
municipality
has
has
to
deal
with
it
on
their
own,
not
seeing
any
hands
raised
from
those
in
the
audience.
We
will
bring
it
to
council
for
questions
and
discussion.
City
council.
B
D
Mark
my
question
is
around
just
potential
legal
risk
of
doing
something
like
this,
so
we
have
the
state
saying
we
can
do
it.
So
I
imagine
that
gives
us
some
level
of
protection
if
someone
were
to
say
you're
you're
affecting
my
ability
to
to
do
business,
and
but
on
the
other
hand,
if
no
other
cities
have
have
taken
a
few,
a
few
cities
took
the
action
and
no
cities
are
renewing
the
action.
D
C
C
So
it's
very
hard
to
evaluate
that
risk,
and
I
guess
the
only
thing
we
can
really
say
in
general
is
that
the
fact
that
if
the
city
of
san
bruno
were
to
re-adopt
it
and
be
one
of
the
the
two
agencies
that
would
send
it
out
to
the
end
of
june?
Well,
there's
there's,
there's
two
agencies
doing
it
and
not
a
lot
of
other
agencies
who
a
lot
of
other
agencies
that
are
not
doing
it.
So
it
may
make
the
city
a
more
slightly
more
attractive
target
than
if
everybody
were
doing
it.
C
C
You
know
much
more
stringent
provisions,
for
example,
for
residential
moratorium,
and
so
it's
just
that's
a
hard
question
to
answer
council
member
salazar.
There
is
some
risk,
of
course,
and
taking
any
action.
There
is
additional
risk
in
taking
this
action,
but
it's
very
difficult
to
evaluate,
because
we
just
don't
have
any
data,
and
thank
you
thank
you
and
and
as
an
addition.
C
C
Yes,
mr
mayor,
so
right
now
the
current
ordinance,
if,
if
you,
if
you
weren't
able
to
pay
as
of
the
end
of
march
under
the
current
ordinance,
even
if
the
city
council
does
nothing
this
evening,
you
would
have
another
six
months
after
that,
so
until
september,
to
pay.
If
the
city
council
decides
to
adopt
the
ordinance,
then
you
would
have
until
the
end
of
the
year
december,
to
pay.