pages: CityCouncil/2020-03-17.pdf, 12
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CityCouncil | 2020-03-17 | 12 | Mayor Ezzy Ashcraft stated the ordinance is being enacted as an emergency ordinance; the effective date is March 1 if approved; the item should be decided now; questioned what should be proposed. Councilmember Oddie stated May 1st would allow for an unlawful detainer to be placed should the defense no longer hold; expressed support for six-months and concern about people lingering. The Community Development Director stated that she understands there is concern for how landlords will be paid after being out rent during the moratorium period of non- eviction; stated that she hears a desire to ensure rent is recouped after the moratorium; typically, a tenant can be served a notice to pay rent or quit which would accrue for the months of non-payment and is due immediately; questioned whether there is desire for everyone to be made whole, with more time for the tenant to catch up paying rent; once the moratorium expires, total rent will be due within 3 days. Councilmember Vella expressed concern about the duration of time; expressed support for giving more time to ensure a lump sum is not due all at once; questioned whether direction can be given to staff to figure out. The City Attorney stated due to the moratorium giving 60-days, Council can direct staff to return in April with more information. Councilmember Vella expressed support; inquired whether the commercial provision can be back-dated and brought back; expressed concern about small businesses' ability to pay expenses. The City Attorney responded in the affirmative. Councilmember Oddie expressed support for the Community Development Director's comments. Councilmember Daysog expressed support for the Community Development Director's comments; stated this is all about a tenant being in front of a judge stating reasons for non-eviction; there are three tests to avoid eviction: 1) experiencing a 20% loss of income or more, 2) experiencing extraordinary medical expenses, or 3) experiencing extraordinary childcare needs during the time of crisis; there are additional tests missing from the process; the judge also needs to question whether the tenant made efforts to come to a mutually agreeable rent, which takes into account the loss of income or whether a payback agreement been reached; stated that he cannot support the item without the additional test. Vice Mayor Knox White restated his motion: approval of the ordinance as-written, with direction for staff to return at the next Council meeting with language that adds a rent repayment over the suggested six months, as well as commercial considerations and any other further considerations related to Governor Newsom's state of emergency Special Meeting Alameda City Council March 17, 2020 8 | CityCouncil/2020-03-17.pdf |