pages: CityCouncil/2020-03-17.pdf, 8
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CityCouncil | 2020-03-17 | 8 | the utility shut-off provision is directly tied to the declared emergency; every provision in the ordinance is tied to the COVID-19 declared emergency; should the COVID-19 emergency cease, the prohibition against landlords shutting off utilities, unrelated to an emergency, will go away; outlined the emergency utility shut off scenario and non- emergency shut off scenario; stated staff can take direction on landlords and tenants conversing; the direction will require additional administrative efforts, which could prove difficult to undertake; staff is attempting to limit the impairment of existing contracts and using the City's regulatory powers to alter contracts which are in place Councilmember Daysog stated his drafted language is not an effort for the City to insert itself into the discussion between landlord and tenant; the language is to say that landlords and tenants must have the discussion; should litigation be initiated by either landlord or tenant, the question will be asked if communication efforts were made; should communication efforts not be made, the protections listed will not be awarded to either party; there is no role of the City; the communication is part of the procedures that landlords and tenants must take as a result of the ordinance. The City Attorney stated should Council desire to place a procedural limit upfront about conversations, staff will take direction; previous statements related to administration relate to any pro-rata rent payments; pro-rata rent payments delves into the rent program reviewing full or partial rent payments. Mayor Ezzy Ashcraft requested clarification on the provision requiring reimbursement over time. The City Attorney stated the provision is related to pro-rata of rent up-front; there will be some administrative work; the City Manager may have input related to ensuring rent is correct; changes made to existing contracts relates to pro-rata, which changes and creates new lease terms; staff is proposing a time stop on evictions without changing the existing lease provisions; rates and payments do not change; payments can be made when the emergency is over; the current ordinance is simplistic and creates a time stop allowing for a delay in payment. Mayor Ezzy Ashcraft stated how the City can act as landlord should be reviewed; provisions for small business administration might allow some landlords to qualify. Vice Mayor Knox White expressed gratitude for Councilmember Daysog's comments; stated the explanation given by the City Attorney confirmed his understanding of the ordinance; evictions are not being stopped; the pro-rata would go further than San Francisco or the current ordinance proposes; questioned whether Councilmember Daysog intends for landlords to receive less money over-time. Councilmember Daysog responded in the affirmative. Vice Mayor Knox White stated the repayment is set to be 100%. Special Meeting Alameda City Council March 17, 2020 4 | CityCouncil/2020-03-17.pdf |