Special City Council Meeting July 31, 2019

City Hall, Council Chambers · 1 hour 6 minutes · 1545 caption units

Council: Rochelle Pardue-Okimoto, Mayor · Greg Lyman, Mayor Pro Tem · Janet Abelson · Paul Fadelli · Gabe Quinto

Staff: Karen Pinkos, City Manager · Sky Woodruff, City Attorney · Holly Charléty, City Clerk

A referendum petition has qualified against the just cause eviction ordinance adopted in May. The Council must repeal it or send it to voters. It chooses repeal — partly, a councilmember says, because an election “could possibly endanger our other pending… ballot measures supporting our parks and pools.” The Mayor, in the minority: “every single one of us that sits up here is a homeowner.”

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SSignificant

Contents

13 sections
  1. 01A small pool of applicantsS
  2. 02Repeal or ballotS
  3. 03Repeal, and a task forceS
  4. 04The pool and parks measureS
  5. 05Substantially the same
  6. 06Sixty-one million unfundedS
  7. 07Every signer expected a voteS
  8. 08Proceed slowlyS
  9. 09“I will hurt you”S
  10. 10Amendable by the CouncilS
  11. 11A hundred and five buildingsS
  12. 12Endangering the poolsS
  13. 13All homeownersS

01 A small pool of applicants captions 1–49

0:07:26meeting is called to order

0:07:32please call the roll

0:07:33council member fidelity

0:07:35here mayor pro-tem lyman president mayor

0:07:38pardue okimoto president council member

0:07:40abelson president councilmember quinto

0:07:43now we will have the pledge of

0:07:44allegiance by council member fidelity

0:07:48i pledge allegiance to the flag of the

0:07:51united states of america and to the

0:07:54republic for which it stands

0:07:56one nation under god indivisible with

0:08:00liberty and justice for all

0:08:08a quick report out from

0:08:10our 5 30 meeting

0:08:13we will

0:08:14not be appointing any

0:08:16one to the task force for the tenant

0:08:18protections task force as of yet

0:08:21we are going to since we had a small

0:08:23pool of applicants go ahead and

0:08:26interview

0:08:27the rest of the applicants before our

0:08:30august 20th meeting so if you did not

0:08:33have an interview tonight

0:08:35the city clerk will be contacting you

0:08:37about an interview for august 20th

0:08:43and we will make our decision after that

0:08:45meeting

0:08:47all right so next we would normally have

0:08:50oral communications from the public

0:08:52but since this is a

0:08:55special meeting there are special rules

0:08:57pursuant to the brown act

0:08:59public comments that special meetings

0:09:01are limited to agenda items only

0:09:04and therefore we will have our public

0:09:07speak on this item

0:09:09after we have

0:09:11the report from staff

0:09:14we move on to our policy matters

0:09:18and i would like to please have a

0:09:22come forward

0:09:24i'll be handling this your honor okay

0:09:26so thank you very much um i'm karen

0:09:28pinkes the city manager

0:09:31uh

0:09:31before you tonight is a consideration

0:09:36good

The special meeting opened with a report from the session held just before it.

The tenant protections task force would not yet be appointed: “since we had a small pool of applicants,” the Council would “interview the rest of the applicants before our August 20th meeting.”

So the body about to be handed just cause eviction did not yet have members.

Those appointments are made later (20 Aug 2019).

The Mayor explained the special meeting rules: “public comments at special meetings are limited to agenda items only.”

There was a single item.

The meeting ran just over an hour.

About a dozen members of the public spoke.

Significant

The task force the Council is about to hand just cause eviction to has not yet been appointed — “we had a small pool of applicants.” Its members are appointed later (20 Aug 2019).

02 Repeal or ballot captions 50–179

0:09:38thank you

0:09:39before you tonight is a consideration of

0:09:40your options with respect to the uh just

0:09:43cause eviction ordinance

0:09:46as you know on may 21st 2019 the city

0:09:48council adopted ordinance

0:09:512019-04 amending the title of the el

0:09:53cerino municipal code to add chapter

0:09:5610.300 just cause for eviction and

0:09:59prohibition on harassment of tenants

0:10:01related to termination of tenancy and

0:10:03other tenant protections

0:10:05upon its adoption the city clerk

0:10:06published the ordinance as required by

0:10:08law and attested the ordinance on may

0:10:1122nd 2019.

0:10:13on june 10th a referendum petition

0:10:15against the ordinance was filed with the

0:10:17city clerk

0:10:18upon conclusion of the initial review by

0:10:20the city and validation of signatures by

0:10:23the contra costa county clerk

0:10:25clerk record elections department the

0:10:28petition was found to contain sufficient

0:10:30signatures of registered voters in the

0:10:31city

0:10:32on july 16th the city council accepted

0:10:35the city clerk's certificate of petition

0:10:37and is now required pursuant to

0:10:39california elections code to take action

0:10:41and reconsider the ordinance that is

0:10:43what is before you this evening there

0:10:46are two options that the city council

0:10:48may take

0:10:49you may repeal the ordinance in its

0:10:51entirety or you can place the ordinance

0:10:53on a future ballot to be decided by

0:10:55voters

0:10:56if the city council repeals the

0:10:58ordinance it cannot be enacted again for

0:11:00a period of one year after the date of

0:11:02its repeal

0:11:03this would restrict the council from

0:11:05passing an ordinance of substantially

0:11:07the same content with an effective date

0:11:09prior to september twentieth twenty

0:11:11twenty

0:11:12if the city council decided to call an

0:11:14election for the purpose of submitting

0:11:16the ordinance to the voters the election

0:11:18must not be held must be held not less

0:11:22than 88 days from the date the election

0:11:24is called and can be no later than the

0:11:27next regular municipal election

0:11:29so this would require the election to be

0:11:31held between november 16th 2019 and

0:11:34november 3rd 2020.

0:11:37elections code allows for a special

0:11:39election on any date for a referendum

0:11:41election

0:11:42or an established election date and

0:11:44there are different election costs

0:11:46charged to the city based on whether or

0:11:47not the date would be a special election

0:11:50or an established election such as the

0:11:52march primary or november general

0:11:54election

0:11:56if an election is called ordinance

0:11:582019-04 would remain suspended and would

0:12:01not become effective until a majority of

0:12:03voters voting on the ordinance voted in

0:12:06favor of it if a majority of the voters

0:12:08do not vote in favor of it the ordinance

0:12:10would not go into effect and cannot be

0:12:12enacted again by the legislative body

0:12:15for a period of one year from the date

0:12:16of disapproval by the voters

0:12:19if you estimate the latest possible date

0:12:21of november 3rd 2020 should the

0:12:24ordinance fail on the ballot this would

0:12:26prohibit a similar ordinance from being

0:12:28adopted by the council prior to december

0:12:30of 2021

0:12:32so that is the background as to where we

0:12:34are tonight

0:12:36staff recommends that the city council

0:12:38proceed with the option of repealing the

0:12:40ordinance and further recommends taking

0:12:43action to assign the issue of just cause

0:12:44for eviction policies to the newly

0:12:46created tenant protections task force

0:12:49because the task force will consist of

0:12:51tenants and landlords this will provide

0:12:54an opportunity for the council

0:12:55and the community to take a step back

0:12:58study these issues further and try to

0:13:00achieve some consensus on this and other

0:13:03tenant protection matters

0:13:05the task force would allow for a

0:13:06dialogue between tenants and landlords

0:13:08for the different perspectives to be

0:13:10heard

0:13:11assigning the just cause policies gives

0:13:13the city a chance to pause review what

0:13:16has transpired and have both sides hear

0:13:18each other out in a more collaborative

0:13:20way

0:13:21of course there are no guarantees for

0:13:23what the outcome might be

0:13:24but this does provide a unique ability

0:13:26for the city to make a real effort to

0:13:29reach common ground on policies that

0:13:31work best for el cerrito before going

0:13:34through a referendum process

0:13:38if the council decides to repeal the

0:13:39ordinance you must do so by enacting

0:13:41another ordinance to repeal ordinance

0:13:442019-04 in its entirety

0:13:47to do that

0:13:48the council could move to introduce by

0:13:50title and waive the first reading of the

0:13:52repeal ordinance tonight

0:13:54if the muslim passes then staff would

0:13:56return at the next regular city council

0:13:58meeting on august 20th 2019 to request

0:14:01waiving the second reading and recommend

0:14:03adoption of the ordinance

0:14:05if adopted the just cause for eviction

0:14:07ordinance would be repealed 30 days

0:14:09after the adoption of the repeal

The City Attorney set out the timeline and the only two choices the law allows.

The sequence: the Council adopted Ordinance 2019-04 on 21 May 2019, adding “chapter 10.300, just cause for eviction and prohibition on harassment of tenants.”

On 10 June a referendum petition was filed; the county validated sufficient signatures; on 16 July the Council accepted the clerk's certificate.

If repealed, the ordinance could not be re-enacted for a year — nothing substantially the same effective before 20 September 2020.

The choices: “you may repeal the ordinance in its entirety, or you can place the ordinance on a future ballot to be decided by voters.”

An election must be held “not less than 88 days” after it is called and no later than the next regular municipal election — so between 16 November 2019 and 3 November 2020.

Until then the ordinance stays suspended; if voters reject it, “it cannot be enacted again… for a period of one year.”

Election costs differ between a special election and an established date such as the March primary. If the ordinance failed in November 2020, a similar one could not be adopted before December 2021. Staff recommended repeal, giving tenants and landlords on the task force a chance to “try to achieve some consensus.”

Significant

Adopted 21 May, a referendum petition filed 10 June, certified 16 July — and the Council must now repeal the ordinance or put it to voters between November 2019 and November 2020.

03 Repeal, and a task force captions 180–319

0:14:11ordinance

0:14:12that would be effective september 19

0:14:142019. and the just cause ordinance would

0:14:17remain suspended until then

0:14:20if the city council decides to give the

0:14:22just cause for eviction policy to the

0:14:24tenant protection task force to discuss

0:14:26staff also recommends a revision to the

0:14:28resolution that was adopted on may 21st

0:14:31that created the task force in order to

0:14:33formalize this task

0:14:35staff has drafted a resolution for your

0:14:37consideration which would add just cause

0:14:40eviction to the duties and

0:14:41responsibilities of the task force and

0:14:43extend the duration of the task force

0:14:45from 6 months to 12 months within which

0:14:47to reach their to complete their charge

0:14:50so that concludes my staff report and at

0:14:52this time uh the city clerk city

0:14:55attorney our housing analyst isa shuri

0:14:57we're all available for any questions

0:14:59you may have and at this point we are

0:15:01seeking direction from the city council

0:15:03thank you

0:15:06do we have any questions from

0:15:08the council

0:15:14sure i'll ask my questions

0:15:16um

0:15:18during the presentation from the city

0:15:20manager

0:15:21the term substantially the same was used

0:15:24i was hoping that somebody could help me

0:15:26understand what substantially the same

0:15:28is and

0:15:29how

0:15:30[Music]

0:15:33how that relates to other

0:15:37charges we've given the task force and

0:15:40and what the task force the task force

0:15:42came back with

0:15:43recommendation for

0:15:45ordinances how that would dovetail with

0:15:48substantially the same so i'm trying to

0:15:50understand that the definition is

0:15:52substantially the same

0:15:53sure um there's a substantial body of

0:15:56case law dealing with the the term

0:15:58substantially the same in the context of

0:16:00a referendum ordinance

0:16:02um

0:16:03i think for the purposes of um

0:16:07i will just say that um it would have to

0:16:10be an ordinance that covered the same

0:16:12topic

0:16:13um in in substantially the same way

0:16:17just cosmetic changes

0:16:20or minor additions or subtractions would

0:16:23would probably be treated as

0:16:24substantially the same

0:16:26um

0:16:27that it is not prohibited to adopt an

0:16:30ordinance on the same topic but it can't

0:16:32be essentially the same set of

0:16:34regulations that were previously adopted

0:16:37but i want to be clear to your other

0:16:39question that that the it is only the

0:16:41just cause for eviction ordinance that's

0:16:43the subject of the referendum other

0:16:46renter protection ordinances are not

0:16:47affected by

0:16:49that one year prohibition on on enacting

0:16:51a new ordinance

0:16:53so if i

0:16:54follow your presentation the the answer

0:16:57to my first question

0:16:59if we were to repeal and

0:17:02essentially gave the charge to the task

0:17:04force to

0:17:06consider just cause for eviction

0:17:08and they were to come back with a

0:17:09substantially different

0:17:11uh just cause for eviction plus other

0:17:14renter protections

0:17:15it would not be

0:17:17subject to

0:17:19the

0:17:20substantially the same

0:17:24criteria

0:17:25the recommendations that they made about

0:17:27topics other than just cause for

0:17:29eviction could move forward unaffected

0:17:32if they move forward a recommendation

0:17:34that was i'll just use generally the

0:17:36topic of just cause for eviction we'd

0:17:38probably need to do an evaluation of

0:17:40whether or not

0:17:42the regulations that were being proposed

0:17:44were

0:17:45so closely um

0:17:48were

0:17:49were

0:17:50so close to what was in the ordinance

0:17:52the council adopted that it would be

0:17:54precluded but we'd have to do a sort of

0:17:57page by page determination at the time

0:17:59because it's a very fact-based analysis

0:18:02and and

0:18:03under that scenario where

0:18:06other rented protections come back and

0:18:09and just cause for eviction is something

0:18:11that's in the recommendation from the

0:18:13task force and we did the page by page

0:18:16the

0:18:17the effective date of that new

0:18:21legislation

0:18:22would

0:18:24range some of it if it was based on

0:18:26displacement on on the um

0:18:30displacement you know ordinance if that

0:18:33potentially could go into effect in

0:18:34april or may and

0:18:36the

0:18:37um just cause for eviction over whatever

0:18:40overlapped and was too too close

0:18:42would have to wait until if i read the

0:18:45report correctly

0:18:46um august 20th of 2020.

0:18:50that's correct okay

0:18:53with an effective date

0:18:5520 30 days later or 20 days later

0:18:57whatever our next reading would be

0:18:58exactly right um

0:19:00so

0:19:01that's correct

0:19:03um okay

0:19:06and

0:19:08if we do not repeal tonight

0:19:11um the current ordinance

0:19:14would not take effect until 10 days

Staff recommended repeal and a way to keep the subject alive.

If repealed, the Council cannot adopt a “substantially the same” ordinance for a year.

The proposed alternative: hand just cause to the tenant protection task force, adding it to the body's duties and “extend[ing] the duration of the task force from six months to 12 months.”

Asked what “substantially the same” means, the City Attorney said cosmetic changes or minor additions would probably count as the same, a page-by-page analysis would be needed, and other renter protections are not affected by the one-year bar.

Significant

Repeal bars a “substantially the same” ordinance for a year, a test the City Attorney says is “basically impossible to know in advance.” Just cause is added to the task force's duties and its term doubled to twelve months; it later recommends nothing beyond state law (2 Mar 2021).

04 The pool and parks measure captions 320–440

0:19:16effectively 10 days after a vote

0:19:18is what or certification of a vote is

0:19:20what i heard

0:19:22the presentation

0:19:24um and so that would be

0:19:26there's there's five different election

0:19:28dates in our our package so that would

0:19:31be potentially

0:19:32some

0:19:33you know council meeting that certified

0:19:35the votes and then ten days later so

0:19:37probably the latest date would be

0:19:39sometime in december 2020. if if we held

0:19:43it all the way over to the november 2020

0:19:45election if we if we went with the march

0:19:47date it would be sometime in april

0:19:49correct

0:19:50so

0:19:52um

0:19:54okay

0:19:55and

0:19:58see if this one got answered

0:20:06thank you

0:20:06that's that's all my questions

0:20:09can you repeat the part about um

0:20:12if we were to take it to a vote

0:20:16um

0:20:17the 88 days versus

0:20:20versus what

0:20:21can you repeat the part about 88 days

0:20:24so if um an election is called and holly

0:20:27jump in if this if i get this wrong um

0:20:29if the election is called then the

0:20:31election must be held not less than 88

0:20:34days from the date the election is

0:20:36called so if you called it

0:20:39um tonight it would have to be

0:20:41not less than 88 days later

0:20:43for example okay

0:20:45but and then the latest would be uh

0:20:49the latest would be the next general

0:20:50election election 2020 november correct

0:20:56okay

0:20:57go ahead paul thank you

0:20:59and that date

0:21:01would be later than the

0:21:03other election

0:21:05date that we've called for on our

0:21:09pool and parks measure

0:21:11of this year

0:21:12the the last day that you could call a

0:21:15measure to the ballot for the november

0:21:172019 election that has already been

0:21:19called is august 9th that is the 88th

0:21:21day prior to that election date

0:21:28for some reason i thought we we can't

0:21:29have it on the same date that we're

0:21:31having our other measure

0:21:33you would have to

0:21:34you would have to call that election

0:21:36before august 9th of which is next week

0:21:39okay it is a possibility it is legally i

0:21:41was going to say because that wasn't an

0:21:42option yes it is legally a possibility

0:21:44steph would not recommend that yeah i

0:21:46don't want that

0:21:48um

0:21:49can you talk a little bit about the cost

0:21:51estimates that you have here based on

0:21:53the range of costs

0:21:55um and not not too specifically but

0:21:58is there a general rule about that 48

0:22:01000 to 82 000

0:22:03so the estimates that we were provided

0:22:05by the county are based on this the

0:22:08different dates that are available

0:22:10the

0:22:11the more

0:22:12measures the more things that are on the

0:22:14ballot the cheaper the cost is for all

0:22:17the entities that have something on that

0:22:19ballot so

0:22:20for the march or the november general

0:22:23election those costs are substantially

0:22:25lower because the cost is spread out

0:22:27among multiple jurisdictions if there's

0:22:29a special election and we are the only

0:22:32measure on the ballot then we would be

0:22:35bearing the majority of that cost

0:22:38so that's the and the range is based on

0:22:40what the county provided us which could

0:22:42be anywhere for

0:22:44the higher dates are five to seven

0:22:45dollars per registered voter and it goes

0:22:47down to

0:22:49125 to 175 per registered voter for the

0:22:52november

0:22:53general election in 2020 and the

0:22:55estimates are based off of our current

0:22:57registered voters as of june which is

0:22:59the last update we got from them

0:23:02for example the may fifth date of 2020

0:23:05we would have to call that special

0:23:06election correct is that correct for

0:23:08that date correct correct anything other

0:23:10than the established election dates of

0:23:12march in november would be considered a

0:23:14special election

0:23:16okay

0:23:17and last question is on the task force

0:23:20that we have and that we're moving

0:23:21forward on

0:23:23should we send this issue to the task

0:23:25force for consideration

0:23:27and they came back to us i know greg

0:23:29mentioned some of the this issue

0:23:33would it take

0:23:34if it was somewhat similar

0:23:37it would take

0:23:38a year before we could

0:23:40re-initiate that is that correct

Questions about election dates followed.

If held over to November 2020, the ordinance could not take effect until about December 2020; if March, about April.

Fadelli asked whether the referendum date would coincide with “the other election date that we've called for on our pool and parks measure.”

The city had its own tax measure for the swim center and parks heading to the ballot.

It could share that November 2019 ballot only if called by 9 August, which staff would not recommend. County estimates ran from about $48,000 to $82,000, cheaper on established election dates shared with other jurisdictions.

Significant

The city's own pool and parks tax measure was heading to the November 2019 ballot, and a referendum could share that date only if called within days. Election costs ran $48,000 to $82,000.

05 Substantially the same captions 441–510

0:23:44yeah i mean i

0:23:46the

0:23:48um

0:23:50try to think of another way to answer

0:23:52another way to sort of expand the

0:23:55discussion on this but the basic rule is

0:23:57the the phrase that the courts have used

0:23:59regularly is substantially similar um

0:24:02we can't really it's as i mentioned

0:24:04earlier it's it's basically impossible

0:24:06to know in advance of having two pieces

0:24:08of legislation next to each other

0:24:10whether or not that test is met

0:24:12um

0:24:13but

0:24:14if the task force made a recommendation

0:24:17on a just cause ordinance we'd need to

0:24:19evaluate it and potentially it could go

0:24:21into effect earlier but otherwise it

0:24:23would have to wait the one year

0:24:25and and differences of what could be

0:24:28recommended could be something as simple

0:24:30as what's exempted or not exempted

0:24:33would that make it a different

0:24:37i don't want to i don't i don't want to

0:24:39speculate that's an important

0:24:41question though well one of the things

0:24:43though that sky also pointed out that i

0:24:44think is is something you could also

0:24:46consider is that it it's the effective

0:24:49date of the ordinance

0:24:51that means that you could discuss it you

0:24:53could even you know perhaps even

0:24:55consider it it just wouldn't go into

0:24:57effect until one year later

0:25:00so you could continue to discuss this

0:25:02topic

0:25:04the task force could bring you a

0:25:05recommended ordinance for example that

0:25:07you could consider but it wouldn't be

0:25:09effective until we could support

0:25:12something it just wouldn't go into

0:25:13effect yeah that that is correct and i

0:25:15guess what i'd say is it is an important

0:25:17question um but i also don't want to

0:25:20attempt to lead the task force by saying

0:25:22well these things you could you could do

0:25:24that would that would result in it being

0:25:26able to go into effect earlier once the

0:25:28tech i mean if it's if it turns out that

0:25:30there is like for for example um some

0:25:34immediate consensus on some

0:25:35recommendations they could identify them

0:25:38in principle and i could do an

0:25:39evaluation of them at that time and

0:25:42and then if it turned out that i felt

0:25:44strongly that

0:25:45um that they could move forward more

0:25:47quickly then we could we could handle it

0:25:49that way wouldn't have to wait to

0:25:50actually have it drafted but if they had

0:25:53were able to identify and reach a

0:25:55consensus on some

0:25:56on some principles of adjust cause

0:25:58organs we could use that as the basis

0:25:59for evaluation thank you

0:26:06any further questions

0:26:09[Music]

0:26:10all right

0:26:11um

A councilmember asked what “substantially the same” meant — whether a task force recommendation could differ enough to be adopted sooner.

The answer was that it was “basically impossible to know in advance of having two pieces of legislation next to each other.”

The City Manager noted that repeal would not prevent discussion: “you could continue to discuss this topic,” it simply could not take effect for a year.

The City Manager added that the task force “could bring you a recommended ordinance… that you could consider, but it wouldn't be effective until” the year had passed.

The City Attorney declined to guide the task force on what would count as different: “I also don't want to attempt to lead the task force.” He offered to evaluate any principles it agreed on early.

The task force's term is extended here to twelve months; it reports later (2 Mar 2021).

Public comment followed.

06 Sixty-one million unfunded captions 511–649

0:26:12do we have any speakers on this item yes

0:26:15we uh we have

0:26:17about

0:26:1810 to 12 speakers at this time

0:26:21okay we can go ahead

0:26:22go forward with them okay okay so the

0:26:24first three speakers tonight are susan

0:26:26pricko followed by peter pan and jeffrey

0:26:29bloomfield

0:26:37good evening my name is susan prico i'm

0:26:39currently president of contra costa

0:26:40taxpayers association and an el cerrito

0:26:43homeowner

0:26:44i encourage you to follow staff

0:26:46recommendations and repeal the just

0:26:48cause eviction ordinance

0:26:50el cerrito has assets of about 172

0:26:53million and liabilities of about 113

0:26:56million

0:26:57and tax-paying residents are counting on

0:26:59your current budget

0:27:01they should be concerned especially

0:27:02given the unfunded calpers pension

0:27:04liability of over 61 million dollars and

0:27:08increasing by over 80 percent by 2024

0:27:11plus two other unfunded pension or two

0:27:14other pensions that are in the el

0:27:15cerrito trust

0:27:18over seven million dollars is going to

0:27:20be due this year i believe round figures

0:27:23spending over a hundred thousand dollars

0:27:24on an election which is unbudgeted

0:27:27is just part of the expense adding

0:27:29informational mailers and other things

0:27:31which

0:27:32run over ran over sixty thousand dollars

0:27:35for measure v

0:27:36it's money you don't need to spend

0:27:38el cerrito needs to pay its debts and

0:27:40maintain its services as you have

0:27:42promised in measure v

0:27:44and not take on more expense

0:27:46please follow your staff's

0:27:47recommendation and repeal the just cause

0:27:50ordinance

0:27:52the next speaker is peter pan followed

0:27:54by jeffrey bloomfield

0:27:59my name is peter j penn i'm also the

0:28:02resident

0:28:03i also

0:28:05support the staff's recommendation to

0:28:08repeal the

0:28:09ordinance

0:28:11for the reason

0:28:12as my previous

0:28:14speakers has mentioned

0:28:16elsa rito

0:28:18has a lot of unfunded live

0:28:21liabilities

0:28:23at the amount of almost 66 million as i

0:28:27was told

0:28:28also we are trying to get more money for

0:28:31our parts

0:28:32we are short about 600 thousand dollars

0:28:35for the pools and everything

0:28:37and we don't really can really afford to

0:28:41spend all this money on this just cause

0:28:44eviction again

0:28:45um

0:28:46because it will cost

0:28:48somehow in the neighborhood of over 100

0:28:50thousand dollars

0:28:52you know

0:28:53and

0:28:55from another

0:28:57we can also look at what's happening in

0:28:59the state

0:29:01currently there's a bill called abu 1482

0:29:06being considered it's already passed the

0:29:08state

0:29:08assembly is now in the state senate he

0:29:11already passed state senate and juris

0:29:14jurisdiction committee and now is in the

0:29:17hand of

0:29:18appropriation committee

0:29:20this ab-1482

0:29:24combines rain control

0:29:26and just cause eviction they're going to

0:29:28do it on the state level so i think we

0:29:31should just wait

0:29:32to see what happened in the state level

0:29:35if they pass

0:29:37you know we don't need even to do this

0:29:40and so we don't really

0:29:43want to spend all this money to do a

0:29:45referendum

0:29:46thank you

0:29:55democracy is priceless

0:29:57what's your name

0:29:59and it's worth the cost what concerns me

0:30:02or the manner in which the petition was

0:30:05circulated

0:30:08i saw

0:30:10people in bernie t-shirts

0:30:13telling people who were signed

0:30:15to sign the petition that these were

0:30:18that the petition was about rental

0:30:19protections

0:30:23and rent control and it was not

0:30:26i had a petitioner come to my

0:30:29residence door

0:30:32and tell me that this was an anti-crime

0:30:34measure

0:30:35there were many stories that were going

0:30:38around town

0:30:39that makes me doubt the veracity and the

0:30:42validity of the petition

0:30:45yes the signatures are valid

0:30:48but the circumstances under which it was

0:30:51circulated

0:30:52certainly are misleading

0:30:57so if the caa or whoever this petitions

0:31:00sponsors are

0:31:04i don't want this council to buckle

0:31:06under the pre under the pressure

0:31:08of an organization i want to see

0:31:10democracy work in this town democracy is

0:31:13in trouble in this country

0:31:15i don't want to see it be in trouble

0:31:18in el cerrito so i urge this council to

0:31:22put the measure on the ballot and let

0:31:24the voters decide

0:31:27i certainly will be watching to see how

0:31:30council members

0:31:32receive this measure thank you sir your

0:31:35name and your residence yes bloomfield

0:31:38[address removed] el cerrito

0:31:44the next speaker is george wu followed

0:31:46by howdy gowdy

Public comment opened with a taxpayer group arguing the city could not afford the risk.

The speaker: president of the Contra Costa Taxpayers Association and an El Cerrito homeowner, urging repeal.

Her figures: assets of about $172 million against liabilities of about $113 million, and an “unfunded CalPERS pension liability of over $61 million, and increasing by over 80 percent by 2024.”

Plus two other pension obligations in trust, with “over seven million dollars” due that year.

She added that an election would cost over $100,000, unbudgeted. The unfunded liability is later put at $70 million (2 Mar 2021).

Her argument connected the city's finances to the cost of an election and of defending the ordinance.

Another speaker supported repeal, noting that AB 1482, combining rent caps and just cause, was moving through the Legislature. A third urged a ballot, saying petitioners had told residents it was about rent control or crime.

The same association had put the liability at $59 million (19 Jun 2018).

Significant

A taxpayer group puts the unfunded CalPERS liability at “over 61 million dollars and increasing by over 80 percent by 2024,” up from $59 million cited earlier (19 Jun 2018), and later put at $70 million (2 Mar 2021).

07 Every signer expected a vote captions 650–799

0:31:52good evening mayor and early members of

0:31:55the city council my name is george wu

0:32:00i support the repair of the just cause

0:32:03eviction ordinance and i respectfully

0:32:06ask you ask for your vote to resign the

0:32:10holiness

0:32:11thank you for your time

0:32:15the next speaker is howdy gaudi followed

0:32:16by robin mitchell

0:32:20good evening mayor and council members

0:32:22my name is howdy gowdy and i live in el

0:32:24cerrito

0:32:26i urge you to place the recently adopted

0:32:29just cause um ordinance on the march

0:32:322020 ballot rather than repeal it

0:32:36and this is important for the integrity

0:32:38of our democratic process

0:32:40and that we don't just have

0:32:42a minority rule you know pay to play

0:32:45system

0:32:46every signator of that petition

0:32:50was expecting this to go to a vote of

0:32:53the wider public it wasn't presented as

0:32:57if we get 10

0:32:58of voters to sign this city council will

0:33:00buckle and take it off consideration i

0:33:03don't think anyone really wants to see

0:33:05our laws or governments decided by such

0:33:07a small

0:33:09majority i mean a non-majority a tiny

0:33:12fraction of the voting population so

0:33:16you know it's really the petitioners

0:33:18that are asking you to spend the money

0:33:20on

0:33:21on this election they petitioned for a

0:33:24referendum and you should deliver a

0:33:26referendum that's that's what they asked

0:33:27for but as was mentioned the tactics

0:33:30were so misleading and

0:33:32unethical

0:33:34that they clearly don't believe that

0:33:36they could have succeeded gathering

0:33:38signatures on the merits of what they

0:33:40wanted to do and that's an

0:33:42understandable thing because in el

0:33:43cerrito i think there's actually very

0:33:46strong support for a modest

0:33:48you know tenant protection like this el

0:33:50cerrito you know

0:33:53easily passed the prop 10

0:33:56um

0:33:57measure that would have repealed costa

0:33:59hawkins within our

0:34:01um

0:34:02voting populace so you know i think they

0:34:04just are

0:34:06you know using

0:34:08unethical uh tactics uh to stop

0:34:11something that the people don't want and

0:34:14it's up to you to send it to the people

0:34:16for them to have their voice that's how

0:34:18democracy works and that's how this

0:34:20process is supposed to work

0:34:23and i understand we have a tenant

0:34:27task force

0:34:28starting up but a majority of you

0:34:31decided that this just cause was a good

0:34:33measure to have in place before that got

0:34:36started and i think having a vote on it

0:34:39during that process is actually an

0:34:41informative bellwether for what the

0:34:44constituents of this town want you know

0:34:47it will actually help the task force

0:34:49decide

0:34:50where the town is willing to go and i

0:34:52think

0:34:53this this is bigger than an eight-person

0:34:56task force at this point we need the

0:34:58whole town to be weighing in on this and

0:35:00i'll be the first to say this isn't the

0:35:03end you know the this is a limited just

0:35:06cause we need a much more comprehensive

0:35:08approach to

0:35:10our um tenant protections but we need to

0:35:13start allowing the people to speak on

0:35:15this instead of just having this very

0:35:18you know

0:35:20over

0:35:22overly

0:35:23biased

0:35:24discussion based on people with

0:35:27outside business

0:35:28interests coming into our city thank you

0:35:31thank you

0:35:32the next speaker is robin mitchell

0:35:33followed by jane

0:35:39so my name is robin mitchell i'm an el

0:35:41cerrito resident um i know that my

0:35:44comments won't make a difference in the

0:35:46decision that you will make tonight

0:35:49my comments won't make a difference

0:35:50because i have no power

0:35:52money is what has power

0:35:55and that money corrupted the democratic

0:35:57process in this case

0:35:59the people with power and money

0:36:02ran a misleading referendum campaign in

0:36:04order to get the signatures needed to

0:36:06put this referendum on the ballot

0:36:09i didn't see it firsthand but her

0:36:10numerous reports as has already been

0:36:12said

0:36:13the signature gatherers were lying about

0:36:16what was being signed in order to get

0:36:18enough signatures

0:36:20so once again people with power and

0:36:23money

0:36:24win over people without power and money

0:36:27even though i would have hoped that one

0:36:28of the

0:36:30roles of government is to try to protect

0:36:32citizens

0:36:33that don't have power and money

0:36:36so i urge you to put this referendum on

0:36:39the ballot and as how he said let the

0:36:41people decide

0:36:43the next speaker is jane followed by

0:36:46akio

0:36:47yokyo

0:36:54hi um

0:36:56i've been a resident here in

0:36:58here in el cerrito for

0:37:0046 years or so

0:37:02um

0:37:03i was really worried when past the just

0:37:06cause i went through so quickly

0:37:08and i had read about two

0:37:11articles in the apartment owners

0:37:12association

0:37:14where

0:37:14san francisco

0:37:16was sued for their a just cause

0:37:20eviction process that they had

0:37:22and the

0:37:23the

0:37:24city ended up having to pay for

0:37:27whatever the owner had to pay for uh

0:37:30before that

0:37:31and then

0:37:32another one happened in alameda

A resident argued the petition itself had promised an election.

His ask: “place the recently adopted just cause ordinance on the March 2020 ballot rather than repeal it.”

His reason: “the integrity of our democratic process… that we don't just have a minority rule, you know, pay to play system.”

The core of it: “every signatory of that petition was expecting this to go to a vote of the wider public. It wasn't presented as, if we get 10 percent of voters to sign this, city council will buckle and take it off consideration.”

Another speaker said money had corrupted the process and urged the Council to “put this referendum on the ballot.”

The original mover makes a related point about the petition later (20 Aug 2019).

A speaker supporting repeal said briefly that he wanted the ordinance rescinded.

Significant

“Every signator of that petition was expecting this to go to a vote of the wider public. It wasn't presented as if we get 10 of voters to sign this city council will buckle.” Speakers urging a ballot cited misleading signature gathering.

08 Proceed slowly captions 800–949

0:37:34where um a couple owned a house in

0:37:37alameda

0:37:38moved to the east coast so the wife

0:37:39could get her doctorate when they came

0:37:41back in the interim they had

0:37:44passed rent control and then after that

0:37:46they

0:37:47were not able to get into their house

0:37:48until they had to pay for the tenant to

0:37:51leave and both of these cases were found

0:37:54to be illegal so i wanted i i would i'm

0:37:57so happy that you're you're recommending

0:38:00the rescission of this

0:38:02until we can find out more what's going

0:38:04on with all these new lawsuits that are

0:38:06coming out

0:38:07uh so i applaud that and i hope that

0:38:10goes that way um also about the task

0:38:13force that i'm learning about um

0:38:18i think there has to be something put in

0:38:19place the task force needs to have

0:38:23follow the law

0:38:24and so there needs to be somewhere that

0:38:26they can

0:38:27all these things have to be cleared so

0:38:29that we're not liable as a city

0:38:31to pay for these things and i i really

0:38:34um

0:38:35would like

0:38:36to just caution that we move forward

0:38:39slowly and carefully and

0:38:43i think take into consideration all the

0:38:45just cause things that are happening out

0:38:46there before we jump in and spend all of

0:38:49our time and money on that

0:38:51thank you

0:38:53the next speaker is akio yokyo followed

0:38:56by wendy louie

0:39:12hello my name is akio yokoi and living

0:39:15here in lc for more than 30 years

0:39:18and

0:39:20i

0:39:22don't

0:39:25i try to

0:39:26be a good

0:39:28landlord so that i can try to have a

0:39:31good relationship with tenants

0:39:33and

0:39:34so you know and so but i don't like i

0:39:36don't support just

0:39:38cause eviction but repeal

0:39:43of course ex

0:39:46eviction

0:39:47ordinance

0:39:48thank you

0:39:50thank you

0:39:51the next speaker is when you're really

0:39:53followed by david gong

0:39:56my name is wendy louis

0:39:58i'm respectfully

0:40:01urged the council to repeal

0:40:03the just cause eviction ordinance

0:40:07and also

0:40:08a home owners here

0:40:12we normally don't want to raise the rent

0:40:15and to our attendance because every time

0:40:17the attendant move out

0:40:19it costs us a lot of money to

0:40:23interview to clean up the places and all

0:40:26that so it's also as a

0:40:30landlord

0:40:31um

0:40:32having a tenant move out

0:40:34it's not a cheap

0:40:36event either

0:40:38and in el sweden or family in here for

0:40:4230 years so as properties we have now

0:40:46raised the rent

0:40:48for

0:40:49average about 10 years and we only have

0:40:52three times turnover with our tenants

0:40:56so please consider that thank you

0:41:00the next speaker is david gong followed

0:41:02by jeffrey wright

0:41:08good evening everybody

0:41:10my name is david

0:41:12can you speak into the microphone please

0:41:16um

0:41:16well

0:41:17you know the i'm asking the council to

0:41:21drop them

0:41:22that cost

0:41:23that cost division

0:41:25you know that i have like women you know

0:41:28one time one of the tenants doesn't pay

0:41:30me that went for three months

0:41:32then we try to get them to the court

0:41:35but he got some lawyer for free

0:41:39then one time we go to the court

0:41:41then like look i mean the lawyer i mean

0:41:43no the lawyer

0:41:45hey please settle because you know then

0:41:48we pay four thousand

0:41:50to the tenant you know they get my way i

0:41:52don't think that's fair to me

0:41:54that's why i'm here i'm asking you guys

0:41:57to drop you know that just cause

0:42:00division thank you

0:42:02thank you the next speaker is jeffrey

0:42:04wright followed by franklin leong

0:42:09jeff wright local resident property

0:42:11owner

0:42:13taxpayer concerned

0:42:15citizen i'm speaking in total support

0:42:18repeal of the just cause ordinance with

0:42:21no further action taken on it as you all

0:42:24are well aware

0:42:25we now have the rental registry at a

0:42:27cost of 44 dollars per unit uh whereby

0:42:30information will be collected one of my

0:42:32great criticisms of the action taken by

0:42:34the council in advance was the fact that

0:42:36there were no facts so gather the facts

0:42:38before you take any further action i

0:42:40also want to remind this council that in

0:42:42november 2018 the citizens of el cerrito

0:42:45passed measure v which would generate

0:42:472.7 million dollars

0:42:49on a transfer tax cost of 12 dollars per

0:42:51thousand i just closed the transaction

0:42:53for a resident of el cerrito 91 years

0:42:56old home she lived in for sixty years

0:42:58closed that transaction it cost her

0:43:00eight thousand four hundred dollars

0:43:01money that came into the city of el

0:43:02cerrito coffers why is this of concern

0:43:05to me well the city council just

0:43:07approved spending about a hundred and

0:43:09fifty thousand dollars to move forward

0:43:11with measure a for parks and recreation

0:43:14uh 35 to 40 000 for polling and up to

0:43:17114 000 for the special election well if

0:43:20you think about that you have agreed to

0:43:22spend 150 000 to generate 650 000

0:43:26now if you were running your own

0:43:28households would you have done that this

0:43:30is taxpayer money rhetorical question no

0:43:32you wouldn't because that's like paying

0:43:3423 points

0:43:35in order to secure the 650 000 financing

A property owner urged caution, citing cases from elsewhere.

Her examples: an Alameda couple who moved east for a doctorate and, returning after rent control passed, “were not able to get into their house until they had to pay for the tenant to leave” — a practice later “found to be illegal.”

Her conclusion: repeal “until we can find out more what's going on with all these new lawsuits.”

On the task force: “the task force needs to follow the law… so that we're not liable as a city to pay for these things.”

Other landlords spoke for repeal: one said she rarely raised rents and had little turnover; another described a non-paying tenant and a $4,000 settlement.

Her closing: “move forward slowly and carefully.”

Another property owner noted the new rental registry at $44 a unit and asked the Council to gather facts first.

He also objected to spending about $150,000 on the parks measure election to raise $650,000.

Significant

A property owner asks the city to repeal “until we can find out more” about lawsuits elsewhere, and warns the task force must avoid exposing the city to liability. Other landlords cite rent histories, a tenant dispute and election costs.

09 “I will hurt you” captions 950–1099

0:43:39point i want to make with this is simply

0:43:41this

0:43:42i don't want this council expending

0:43:44money for another special election at

0:43:46the taxpayers expense

0:43:49it's not necessary

0:43:51spending money for a matter that's a

0:43:54non-matter gather the data see where we

0:43:57are and then make an intelligent

0:43:59decision based on the facts of what you

0:44:02don't have at this point thank you

0:44:05the final speaker at this time is

0:44:06franklin leong

0:44:14mayor okimoto congress council members

0:44:21i have a attendant now

0:44:23that did not pay the july

0:44:26rent and this is his last uh

0:44:29last month of tennessee

0:44:31my attorney advised me to

0:44:34give him a three-day notice and

0:44:36to pay or quit

0:44:39he told me i'm not going to pay you and

0:44:42i'm not going to quit

0:44:44you got my security deposit i told him

0:44:47rent and security deposit two different

0:44:49things

0:44:51then this i said it's unlawful and we

0:44:53might have to go to court

0:44:56then he said

0:44:57i will hurt you before we go to the

0:44:59court

0:45:01ordinance

0:45:022019-4 prohibition

0:45:05of harassment of tenants

0:45:08which ordinance is prohibition on

0:45:10harassment the property owner

0:45:15that concludes the speakers on this item

0:45:18all right thank you um mayor i apologize

0:45:20i just got one more speaker all right

0:45:22last one

0:45:24the last speaker is eva

0:45:27good evening all right last two

0:45:29going once going twice

0:45:31done

0:45:32good evening mayor and council member

0:45:34thank you for being here

0:45:36i am a

0:45:38very responsible uh housing provider in

0:45:41el cerrito i've been very good to all my

0:45:44tenants

0:45:45and

0:45:46i believe in repeal of just cost

0:45:48eviction because by doing so you will

0:45:51restrict more

0:45:52supplies and housing stock and we've

0:45:55seen that in san francisco berkeley you

0:45:58go to the census data of 2015 you'll

0:46:01find that

0:46:03there's about 40 000 units 30 30

0:46:0630 some thousand units close to 40 000

0:46:09units that are

0:46:10vacant because people are afraid that

0:46:13once they've rented and

0:46:16if they meet you know people who are

0:46:18abusive and we all have we all know at

0:46:21least two or three people

0:46:23who have experienced the

0:46:26tenants abusing the law which is

0:46:28unfortunate and it makes these people

0:46:30remove their housing stock entirely

0:46:33forever

0:46:34so thank you for

0:46:36listening to the voices of the local

0:46:40residents because this is very important

0:46:43i'm sorry your name and residence please

0:46:46eva stockton avenue at

0:46:49avas

0:46:50thank you

0:46:51the next speaker is mina young followed

0:46:54by anna xu

0:47:01i'm a

0:47:02responsibility housing provider

0:47:05i support

0:47:06repaired

0:47:08ace

0:47:12the next speaker is annex zoo followed

0:47:14by

0:47:15yomi song

0:47:32so i have a issue

0:47:35with my attorneys also

0:47:53it's not because our elect uh our city

0:47:56law is about the

0:47:58state

0:47:59on a state law because the law is

0:48:01already tilted to the attendant already

0:48:04and uh this is the one on my true

0:48:07situation the second one is i have two

0:48:09young children i live in australia but i

0:48:12must send my my children to another city

0:48:14i am essentially

0:48:16spending much money to the election why

0:48:18we we use the money to support our uh

0:48:21our our city's education system school

0:48:24system to letting

0:48:26become better

0:48:28yeah

0:48:28thank you very much

0:48:31the last speaker card is anna xu

0:48:39my name is meina yang i was called

0:48:41earlier

0:48:45just want to

0:48:47go with the

0:48:48repeal of the jc of the just cause

0:48:51eviction just cause eviction is just

0:48:53another name for

0:48:55outlawing regular term limits and making

0:48:58everything as

0:49:00so-called eviction when it was normally

0:49:03people turn over

0:49:05so in a way it's forcing the landlords

0:49:08to go through processes that they didn't

0:49:10have to based on the term limits of the

0:49:13leases and everyone had the

0:49:17used to have trust of the

0:49:19the lease terms and now they don't know

0:49:21they can't ex there's nothing is

0:49:24uncertain

0:49:25and

0:49:26the lease terms are no longer

0:49:28enforceable and so

0:49:32landlords or housing providers will be

0:49:34less likely to offer housing

0:49:37and just like what san francisco and

0:49:39oakland and berkeley have they a lot of

0:49:41housing available are not being

0:49:45offered because landlords

0:49:47have

0:49:48doubts about

0:49:51having control of their

0:49:54properties so please repeal the just

0:49:57cause eviction and keep el cevito

0:50:00with maximized housing possible thank

0:50:03you

0:50:06that concludes the speaker cards that i

0:50:08have received okay

0:50:10i have another question um

0:50:15so in order to put

0:50:18just cause on the just cause for

0:50:19eviction on

0:50:21the ballot

Two final speakers raised cost and safety.

The first: “I don't want this council expending money for another special election at the taxpayers' expense… gather the data, see where we are, and then make an intelligent decision.”

The rent registry's first year produces 523 registrations (2 Mar 2021).

The second, a landlord, described a current tenant: “he told me, I'm not going to pay you and I'm not going to quit. You got my security deposit.”

When he replied they might go to court: “he said, I will hurt you before we go to the court.”

His question: the ordinance had a “prohibition of harassment of tenants” — what protected owners?

He repeats this account later (20 Aug 2019).

Further speakers supported repeal, arguing that just cause leads owners to withhold housing from the market.

Significant

A landlord recounts a tenant who refused to pay or leave — “i will hurt you before we go to the court” — and asks why the ordinance prohibited harassment of tenants only. He repeats the account later (20 Aug 2019).

10 Amendable by the Council captions 1100–1249

0:50:23or the city to decide it has to be 88

0:50:27days prior to

0:50:29the next election

0:50:31it needs to be 88 days after you call

0:50:34the election

0:50:36so the date that you call the election

0:50:38you can it has to be 88 days from that

0:50:41that day okay

0:50:43so

0:50:43if we were if we have a year then

0:50:48in which we

0:50:50can't do just cause again

0:50:52that would be

0:50:55less than 88 days from the general

0:50:57election

0:51:04if you're looking can you explain what

0:51:05you're

0:51:06like a year from now if you were look if

0:51:08you used sort of this year as a guide

0:51:11you would need to if you wanted to put

0:51:12something on the november election next

0:51:14year it would need to be probably the

0:51:16first week of august august 7th

0:51:19august 7th right so therefore yes

0:51:22right so but we if if we repeal

0:51:26just cause for eviction we can't do

0:51:28anything with just cause for eviction

0:51:30including putting it on the ballot while

0:51:33it's repealed

0:51:36um well if you if you repeal it if you

0:51:40if you let me put it this way if you

0:51:41begin the process for repeal tonight

0:51:44um you know earnings would be adopted in

0:51:45august would go into effect in september

0:51:48mm-hmm

0:51:48um if you

0:51:51wanted to

0:51:52um put an ordinance on the ballot for

0:51:56the voters to consider

0:51:58um if you wanted to do it in november

0:52:002020 i don't believe that the one year

0:52:03would prevent you from doing that

0:52:10but if you wanted to do it sooner it's a

0:52:12question that i would actually need to

0:52:13research because i'm not sure that there

0:52:14is

0:52:15there's case law about that right

0:52:17because i'm just thinking if it's

0:52:19repealed

0:52:21i mean at any point we could just bring

0:52:23it back up again and say

0:52:25we want to put this on we want to do a

0:52:27special election like next june

0:52:30that idea that i would need to i would

0:52:32need to research that

0:52:34okay thank you

0:52:36very much yeah

0:52:38yeah i've got a couple questions um

0:52:40thank you for all the housing providers

0:52:42who spoke today if all the housing

0:52:44providers if you guys could just raise

0:52:45your hand real quick for me

0:52:48great thank you that's good to see that

0:52:50you're all there

0:52:52thank you thank you thank you thank you

0:52:54how many of you have you buildings with

0:52:57five units or more

0:53:00good thank you

0:53:01um

0:53:03and then i've got a couple questions for

0:53:04the

0:53:05the city council i mean sorry for the

0:53:08councilor

0:53:09woodruff

0:53:10if there's a vote

0:53:13on this

0:53:15whether it's

0:53:16march

0:53:17june whatever

0:53:21that vote

0:53:22is to

0:53:23do does what does it lock the ordinance

0:53:26in place well future councils be able to

0:53:28modify the ordinance or will it only be

0:53:31modified through future elections

0:53:34um

0:53:35you mean the ordinance that's at issue

0:53:37tonight correct um if it's

0:53:39if it is um adopted if so if it goes to

0:53:43a referendum vote and the voters allow

0:53:45it to go into effect um the city council

0:53:48would be able to amend it in the future

0:53:51it's it's still a a council adopted

0:53:53ordinance it's unlike an initiative

0:53:55ordinance um where

0:53:58the ordinance

0:54:00can only be amended by

0:54:02the voters

0:54:04and then there was a public speaker that

0:54:05talked about the liability of the city

0:54:08associated with just cause for eviction

0:54:10can you are you

0:54:12able to speak to that i think we covered

0:54:13that in prior

0:54:15considerations of the just cause for

0:54:17eviction but i wanted to just sort of

0:54:18maybe recap that if you could

0:54:20um i mean if if there if somebody

0:54:23believed that a provision of the just

0:54:24cause for eviction ordinance was

0:54:26unlawful they would be able to sue the

0:54:28city and we would have to defend that

0:54:30case uh i don't know that i think that

0:54:32there is any monetary there's any

0:54:35significant risk of monetary damages to

0:54:37the city of that but the city would

0:54:38incur the cost of the legal defense

0:54:41great thank you

0:54:48all right if that concludes the

0:54:50discussion and questions from the

0:54:51council

0:54:54or do you have more discussion

0:54:56i can start discussion at this point

0:54:59for those of you that know bill jones i

0:55:00always envied him because he would come

0:55:02with prepared remarks he would have

0:55:05large font

0:55:07pages that he would read from and

0:55:11he was eloquent as a result

0:55:14my challenge is that

0:55:17i have a desire to hear the the

0:55:18arguments and the and the public

0:55:20speakers and and get input and

0:55:22and it does leave me a little

0:55:24uh

0:55:26at loss for words at times so

0:55:29if

0:55:30and you guys have seen that on this

0:55:31particular topic you've seen me

0:55:33maybe ramble

0:55:35on this topic

0:55:38i'm

0:55:40for many reasons

0:55:42i'm inclined to

0:55:44[Music]

0:55:45to

0:55:46repeal to to reverse my prior vote on

0:55:50just cause for eviction i wasn't

0:55:52enthusiastic about just cause for

0:55:54eviction

Councilmembers clarified what each path would lock in.

On timing: to reach the November 2020 ballot a measure would need to be called by about 7 August 2020. The City Attorney did not believe the one-year bar would prevent a November 2020 ballot measure, but would need to research doing it sooner.

Lyman asked whether a voter-approved ordinance could be changed later.

The answer: “the city council would be able to amend it in the future. It's still a council adopted ordinance — unlike an initiative ordinance, where the ordinance can only be amended by the voters.”

So letting voters decide would not have frozen the ordinance; the Council would have kept the power to fix it.

On liability, the City Attorney said someone believing a provision unlawful could sue; he saw no significant risk of monetary damages, but the city would bear the cost of defense.

Significant

A referendum-approved ordinance remains “a council adopted ordinance” — the Council could amend it later, unlike an initiative. And the one-year bar probably would not have blocked a November 2020 ballot measure.

11 A hundred and five buildings captions 1250–1400

0:55:55um for those that recall my uh proposal

0:55:59and i certainly know that there might be

0:56:00some members of the

0:56:02of the task force here my proposal is to

0:56:05focus on displacement

0:56:07and just cause for eviction is a tool

0:56:09but it doesn't necessarily focus on

0:56:12displacement as satisfactory or as

0:56:14thoroughly as as that i would like

0:56:16however there was will here at the

0:56:18council to move it forward so i

0:56:21measured that will and and tried to move

0:56:24it forward

0:56:26to those of you that are here and thank

0:56:27you for those that did raise their hands

0:56:29with there were about seven of you that

0:56:31are property owners that own five units

0:56:33or more there's only 105 properties in

0:56:36el cerrito that are five units or more

0:56:39so as part of our process of trying to

0:56:42get consensus here at the diocese

0:56:44i scaled back the number of units that

0:56:47were going to be affected and the number

0:56:49of properties that were going to be

0:56:50affected but that correspondingly

0:56:52reduced the number of tenants

0:56:54that were going to

0:56:56be protected

0:56:58so

0:56:59that's part of my rationale for why i'm

0:57:02able to reverse my my vote because

0:57:04frankly

0:57:06it's not as far as i intended to go it's

0:57:08not actually even the tool i attended

0:57:10but it was something that i thought was

0:57:12a compromise that would not um

0:57:15stand the the challenge that it has so

0:57:19uh

0:57:20for me i

0:57:22it's very this is very hard for those

0:57:24that have followed me for 11 years i

0:57:26don't

0:57:27know that i've ever

0:57:28changed my vote

0:57:30so

0:57:31this is

0:57:33i've been a lot of thinking about this

0:57:35and i

0:57:36am in that position tonight

0:57:39to support the repeal

0:57:42of this ordinance so that potentially we

0:57:44give the task force an opportunity to to

0:57:46come back with something that's even

0:57:47better

0:57:49and potentially well thought out and

0:57:52as one of our speakers considered

0:57:55takes into consideration the facts that

0:57:56are out there so

0:58:00for those that are

0:58:01uh

0:58:02that

0:58:04i know i'm trying to get

0:58:06to good tenant support

0:58:08uh good tenant protections

0:58:10i apologize this is going to be a timely

0:58:12setback but hopefully we'll come back

0:58:13with something better

0:58:16council member fidelity yes

0:58:19this is a difficult

0:58:21issue for our community

0:58:23and and like bill jones i write my

0:58:25comments down so i may be looking down a

0:58:27little bit here tonight

0:58:30but like other cities in the bay area el

0:58:32cerrito

0:58:34has been dealing with growth and housing

0:58:36shortages

0:58:37and dealing with development and tenant

0:58:39protection issues as we try to keep our

0:58:41city diverse

0:58:43in income ethnicity and culture

0:58:45i'm excited about the housing plans that

0:58:47we have in the works along san pablo

0:58:49around our bart stations we we are

0:58:51meeting that challenge

0:58:53but we also need to deal with tenant

0:58:55protections and i thought we did so this

0:58:57year in a rational and a very moderate

0:58:59manner

0:59:00i just want to remind everybody what we

0:59:02did i mean we've heard it tonight a

0:59:04little bit but to address dislocation of

0:59:07our existing attendance we came up with

0:59:09a pretty basic el cerrito program

0:59:12rent registry was number one

0:59:14to get the facts as some of our witness

0:59:17public have mentioned about our city's

0:59:19rental and eviction environment the

0:59:21state legislation failed to pass this

0:59:23year so that that's especially important

0:59:26secondly we established a tenant

0:59:28landlord task force for our residents

0:59:31to discuss and possibly recommend agreed

0:59:33upon actions for city council

0:59:35recommendations

0:59:36and finally we

0:59:39established a very moderate just cause

0:59:41ordinance to help our existing tenants

0:59:43as was mentioned we

0:59:45not only exempted local mom and pop

0:59:47landlords

0:59:49but we also so as not to discourage

0:59:51virtu future development

0:59:53exempted any rental properties built

0:59:56after 2015.

0:59:58so even though we were nowhere near to

1:00:00passing any form of rent control

1:00:03that's where the well-financed

1:00:05opposition to our just cause ordinance

1:00:07said we were headed

1:00:09the apartment industry did not want

1:00:10another just cause precedent to succeed

1:00:13in contra costa county

1:00:15and as we all know the reason we're here

1:00:17tonight is that a petition effort was

1:00:19financed to successfully undo

1:00:21that ordinance

1:00:23often using misinformation when

1:00:25residents were asked to sign it happened

1:00:27to me twice

1:00:28once about crime prevention and once

1:00:30about more

1:00:32rent control

1:00:34so it was very upsetting

1:00:35and i've heard from our residents about

1:00:37that

1:00:39so we've been put in a corner here

1:00:41city council

1:00:43just as our soon to be activated task

1:00:46force with local landlords and tenants

1:00:48will hopefully discuss a range of tenant

1:00:50protection issues

1:00:52a lot of thought

1:00:53but i

1:00:55will not be in favor of placing the just

1:00:57cause ordinance on the ballot

1:01:00i believe it would be a costly and

1:01:01divisive

1:01:03exercise for our community at this time

1:01:05and i don't want to go through that

1:01:08no matter how many months the cost will

The Mayor Pro Tem explained how the ordinance had been narrowed to win votes, and what that cost.

His original goal: “my proposal is to focus on displacement, and just cause for eviction is a tool, but it doesn't necessarily focus on displacement as… thoroughly as I would like.”

The compromise: to reach consensus, “I scaled back the number of units… and the number of properties that were going to be affected.”

The result: it covered buildings of five units or more, and “there's only 105 properties in El Cerrito that are five units or more.”

And the trade-off stated plainly: that “correspondingly reduced the number of tenants that were going to be protected.”

He said he had not changed a vote in 11 years, and would now support repeal so the task force could return with something better.

Fadelli recalled the package: a rent registry first, “to get the facts,” as “the state legislation failed to pass this year.”

Fadelli added that the ordinance had exempted small landlords and buildings after 2015, that a financed petition drive had used misinformation, and that a ballot would be “a costly and divisive exercise for our community.” The state law passes that October as AB 1482 (15 Oct 2019).

Significant

The ordinance had already been narrowed to buildings of five or more units — “only 105 properties in el cerrito” — which “correspondingly reduced the number of tenants” protected. Lyman, who had voted for it, now supported repeal.

12 Endangering the pools captions 1401–1463

1:01:10be the organization would be what we

1:01:12would have to go through

1:01:14and it could possibly endanger our other

1:01:16pending and important ballot measures

1:01:18supporting our parks and pools

1:01:21people need to think about that

1:01:23so it's my hope as staff suggests that

1:01:26this council will move to repeal the

1:01:28just cause ordinance and move that

1:01:30discussion onto the task force

1:01:33for further discussion and possible

1:01:34future recommendation in some fashion to

1:01:37this council

1:01:38and i agree with mr lyman i'm anxious to

1:01:40hear what that might be

1:01:42i don't think what we have is worth

1:01:44going to the ballot box for

1:01:46hopefully it will be a place

1:01:48where

1:01:49our task force where tenants see the

1:01:52importance of landlords and their right

1:01:54to to just compensation

1:01:57and it will be a place where landlords

1:01:59acknowledge the important needs to

1:02:00protect tenants against unwanted

1:02:03dislocation in el cerrito

1:02:06regrettably as mr pan said we uh we may

1:02:09be putting our just cause efforts aside

1:02:12for the time being at the local level

1:02:14but

1:02:15assemblyman chu is still moving his

1:02:17anti-gouging bill forward in the state

1:02:20capitol where he uh added a provision

1:02:23about just cause

1:02:24so even though we're backtracking a bit

1:02:27here

1:02:28his bill could impact the entire state

1:02:30and is moving forward

1:02:32so thank you

1:02:35any further discussion

1:02:36no

1:02:40so

1:02:41when i started getting into politics

1:02:43people said

1:02:44why do you want to do that it's nasty

1:02:46out there

1:02:48you don't want to know what goes into

1:02:49the sausage

1:02:52and i have to say that for the most part

1:02:54i thought well this is just little el

1:02:56cerrito

1:02:58and

1:02:58it ain't that bad

1:03:02that was until this came along

1:03:03[Music]

1:03:05until i went to my local grocery store

1:03:07and had someone lie to me

1:03:10about why i should sign a petition

1:03:13walking down the bart path have someone

1:03:15lie to me about why i should sign a

1:03:17petition

1:03:19i had to stand there with my sunglasses

1:03:22and my hat on and my little shorts and

A councilmember stated the reason that proved decisive.

The cost argument: “no matter how many months, the cost… [and] the organization… we would have to go through.”

Then the decisive one: an election “could possibly endanger our other pending and important ballot measures supporting our parks and pools. People need to think about that.”

He named the city's own pool and parks measure as at risk.

His judgment on the ordinance: “I don't think what we have is worth going to the ballot box for.”

His hope for the task force: a place “where tenants see the importance of landlords and their right to just compensation, and… where landlords acknowledge the important needs to protect tenants against unwanted dislocation.”

And a regret: “we may be putting our just cause efforts” on hold.

He noted Assemblyman Chiu's anti-gouging bill, which had added a just cause provision, was moving forward. The task force later recommends nothing beyond state law (2 Mar 2021).

Significant

“It could possibly endanger our other pending and important ballot measures supporting our parks and pools” — Fadelli's reason against a ballot, alongside cost. “I don't think what we have is worth going to the ballot box for.”

13 All homeowners captions 1464–1545

1:03:24i'd tell them i'm the mayor i know

1:03:26what's in that

1:03:28and you're misleading the public

1:03:34the money spent on this campaign

1:03:36and the lies that were told

1:03:39was absolutely shameful

1:03:43and all of you landlords that are out

1:03:45there

1:03:45i know you're good people

1:03:48i know you are

1:03:51maybe not all of you but most of you

1:03:54and

1:03:56i don't think that you want people like

1:03:58that representing you in that way

1:04:01i was perfectly fine with taking this to

1:04:04the public

1:04:05just as you've seen up here we have

1:04:06different opinions on

1:04:08whether this should go forward or not

1:04:10and i think that the people in this town

1:04:14have their opinions on whether this

1:04:16should go forward or not and i'm fine

1:04:18with the majority opinion

1:04:21you know

1:04:21every single one of us that sits up here

1:04:24is a homeowner

1:04:26we're not renting

1:04:28we're not landlords

1:04:31i would actually like to become a

1:04:33landlord someday

1:04:34and ideally an el cerrito but i don't

1:04:36think we can afford it

1:04:38um

1:04:41so this has been a this has been a hard

1:04:44one

1:04:45and um

1:04:48i think i would like to let the people

1:04:50decide

1:04:52and i know i'm in the minority on that

1:04:56and with that i will call

1:05:01for emotion

1:05:04i'd like to move that

1:05:06second

1:05:09do we have to read the ordinance

1:05:11uh yes if you could clarify what the

1:05:13motion is please and read the title of

1:05:15the ordinance

1:05:16an ordinance of the city of el cerrito

1:05:18repealing ordinance 2019

1:05:23which adopted el cerrito municipal code

1:05:26chapter 10

1:05:28point 300

1:05:30dash just cause for eviction and

1:05:32prohibition on harassment of tenants

1:05:36all in favor

1:05:38aye aye

1:05:40those opposed

1:05:42no

1:05:44motion carries

1:05:48amir i do want to move an ordinance uh

1:05:51making sure that this

1:05:52task force does take this up so i would

1:05:55like to move a resolution of the city

1:05:57council of the city of el cerrito

1:05:58amending the resolution 2019-33

1:06:02to modify duties responsibilities and

1:06:04duration for the tenant protection task

1:06:06force this uh this ordinance increases

1:06:09the length of the task force and would

1:06:12add just cause eviction as uh something

1:06:14that they would take up for

1:06:15consideration second

1:06:18a motion by lyman second by fidelity all

1:06:22in favor aye aye

1:06:24those opposed

1:06:25motion carries

1:06:30and with that i will adjourn our meeting

1:06:32our next regular meeting is august 20th

1:06:35at 7 pm

1:06:43o'clock that night for interviews of

1:06:46just for uh the tenant

1:06:48i did mention that at the beginning

The Mayor, in the minority, described being approached by petitioners at her grocery store and on the BART path who, she said, misrepresented what the petition did — “I'm the mayor, I know what's in that, and you're misleading the public” — and called the campaign's spending and claims “absolutely shameful.” These are her characterizations.

Her address to landlords: “I know you're good people, maybe not all of you, but most of you, and I don't think that you want people like that representing you in that way.”

Her position: “I was perfectly fine with taking this to the public… I'm fine with the majority opinion.”

Then the observation: “every single one of us that sits up here is a homeowner. We're not renting. We're not landlords.”

Her hope: “I would actually like to become a landlord someday, and ideally in El Cerrito, but I don't think we can afford it.”

Her conclusion: “I would like to let the people decide, and I know I'm in the minority on that.”

The repeal ordinance was introduced with one vote against, and a second motion, by Lyman, added just cause to the task force's duties and extended its term. The repeal passes on second reading 4–1 (20 Aug 2019).

Significant

“Every single one of us that sits up here is a homeowner we're not renting we're not landlords” — the Mayor, in the minority. “I would like to let the people decide and i know i'm in the minority on that.” The repeal passes later (20 Aug 2019).