Title
Consider adopting an urgency ordinance extending Ordinance No. 5325 (that adopted a temporary COVID-19 pandemic related prohibition on evictions through May 31, 2020) through July 31, 2020 (4/5ths vote required).
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors consider adopting an urgency ordinance extending Ordinance No. 5325 (that adopted a temporary COVID-19 pandemic related prohibition on evictions through May 31, 2020) through July 31, 2020 (4/5ths vote required).
SUMMARY/DISCUSSION:
In response to the Governor’s Executive Order N-28-20, on March 16, 2020 (copy attached as Exhibit A), the Board adopted Ordinance No. 5325 that adopted a temporary COVID-19 pandemic related prohibition on evictions through May 31, 2020. A copy of that ordinance is enclosed as Exhibit B. Nothing in the ordinance relieves a tenant from the obligation to pay rent. The conditions described in the ordinance and the Governor’s Executive Order remain applicable today, and the Board needs to consider whether to extend the prohibition in the Ordinance. A draft ordinance is enclosed as Exhibit C. It is proposed that the prohibition in Ordinance No. 5325 be extended to July 31, 2020; the Board can reassess the conditions supporting the prohibition in July, and determine whether to further extend.
With the permission of the Presiding Justice of the California Supreme Court, the local superior court has adopted certain emergency rules pertaining to the COVID-19 pandemic. Two of those rules require the courts to decline to issue summonses for both unlawful detainers and foreclosures until 90 days after the Governor declares and end to his state of emergency. A copy of the order is enclosed as Exhibit D (see emergency rules 1 and 2). This judicial order addresses the same issues as Ordinance No. 5325, and a number of counties around the state are relying on the court order rather than renewing or extending a locally applicable ordinance. As an alternative, the Board could decline to extend Ordinance No. 5325 and rely solely on the judicial order.
OTHER AGENCY INVOLVEMENT:
The Administrative Office and Health Department have been consulted on this issue.
FINANCING:
Adoption of this ordinance would not require funding or impact the County’s general fund.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This proposed program correlates to the Health & Human Services Strategic Initiatives adopted by the Board of Supervisors by working towards the goals of improving health and quality of life outcomes to individuals and families to address the immediate threat to the public peace, health and safety and prevent displacement of tenants resulting from the economic impact of the COVID-19 pandemic.
Mark a check to the related Board of Supervisors Strategic Initiatives
__ Economic Development
__ Administration
_X_ Health & Human Services
__ Infrastructure
_X_ Public Safety
Prepared by:
Leslie J. Girard, County Counsel Dated: May , 2020
Approved by:
Leslie J. Girard, County Counsel Dated: May , 2020
Attachments:
Board Report
Ex. A - Ordinance No. 5325
Ex. B - Executive Order N-28-20
Ex. C - Draft ordinance
Ex. D - Judicial Order