TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn Barrow, City Attorney
Alexandria Latragna, Policy and Management Analyst
SUBJECT:Title
Consideration of Adopting Urgency Ordinance No. 23-0005-U Amending Ordinance No. 20-0012-U, as Subsequently Amended, to Rescind Commercial Eviction Regulations (City Attorney Barrow).
ADOPT URGENCY ORDINANCE NO. 23-0005-U
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 23-0005-U amending Urgency Ordinance No. 20-0012-U, as subsequently amended, to rescind regulations pertaining to commercial tenants.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
On March 13, 2020, the City Council adopted Resolution No. 20-0039, proclaiming the existence of a local emergency due to the COVID-19 outbreak. On March 17, 2020, the City Council adopted Urgency Ordinance No. 20-0012-U to provide temporary eviction protections to commercial and residential tenants in the City during the COVID-19 pandemic local emergency. The Council subsequently adopted Urgency Ordinance Nos. 20-0016-U and 20-0018-U to amend Urgency Ordinance No. 20-0012-U pertaining to commercial tenants. The Ordinances are referred to hereinafter and in the draft ordinance as the "2020 Eviction Ordinance."
The 2020 Eviction Ordinance prohibited a landlord from evicting residential and commercial tenants in either of the following situations:
1. for nonpayment of rent if the tenant demonstrated that the tenant is unable to pay rent due to financial impacts related to COVID-19; or
2. for a no-fault eviction unless immediately necessary for the health and safety because of the existence of a hazardous condition affecting other tenants, neighbors, or the landlord, unrelated to COVID-19.
Significantly, the 2020 Eviction Ordinance did not rel...
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