Special City Council Meeting March 25, 2020

0:10:55No.

0:10:56Well OK.

0:11:31Thank you everyone for joining us.

0:11:33This is a special city council meeting

0:11:35for El Serino at 5 o'clock on March 25th

0:11:40before we get into calling the meeting to order.

0:11:43We're going to go through a couple of housekeeping things.

0:11:45We do appreciate everyone being patient with us

0:11:48as we work through this new technology.

0:11:50So I wanted to give a little bit of guidance

0:11:52to everyone listening at home as well as those on the call.

0:11:56Some guidelines as to how two participate.

0:12:00Following that we'll do a quick sound check of the council

0:12:02members on the call and will call the meeting

0:12:05to order at that time.

0:12:07So at this point Do you have all of the users muted.

0:12:11So the first thing I want to do is for the public listening

0:12:14from home.

0:12:15The period for submitting public comments is still open.

0:12:19It is limited to items on the agenda

0:12:21only comments can be submitted one of two ways the mail

0:12:27to city clerk at C I that E L dash

0:12:33sir Rito that C a dot u s or by voicemail 2 5 1 0 3

0:12:400 6 2 5 5 8.

0:12:44Please make sure comments or identify the subject line

0:12:47and or stated in the voice mail as public comments

0:12:51followed by the agenda item number.

0:12:54Your comment should also include your name

0:12:56and city of residence.

0:12:58Comments will be accepted.

0:12:59Up until it is announced that the submission period has

0:13:01closed and any comments already received

0:13:05have been posted on our Web site.

0:13:08Under supplemental materials as well as email

0:13:11directly to the city council members or city and staff

0:13:15participating through the WebEx conference call today.

0:13:18Please remember to keep your microphone muted

0:13:20whenever you are not speaking.

0:13:23All like all actions will be taken with a roll call

0:13:26vote and the mayor or I will be providing direction and asking

0:13:30for comments as we progressed through the meeting

0:13:34Now I'm just going to take a moment to go through and do

0:13:38a quick system check to make sure that we can hear all

0:13:41of our council members so when I announce you

0:13:44if you could please UN mute your phone

0:13:46and confirm that you are on the call.

0:13:49Mayor Lyman Greg Lyon thank you sir.

0:13:55Council Mayor Pro Tem fidelity council

0:14:01member Ables in council member Abel said if you on the call.

0:14:11Yes in Q council member du Okamoto.

0:14:18Present council member keen to present our facts that we do

0:14:24have a quiet youth council members

0:14:26and I got ahead of myself Called Roll it Mayor

0:14:30Lyman we are at this time ready to convene

0:14:32a special time for me.

0:14:34All right so I'm going to call this meeting to order at 5 0

0:14:383 on Wednesday the 20 5th of March.

0:14:45Do you still need to call roll we do not invite.

0:14:49Technically just did it and we have confirmed

0:14:51that we do have a quorum.

0:14:54The first item on the agenda is oral communications

0:14:58from the public as stated several comments have already

0:15:02been received and have been provided

0:15:05to the council members via email and our posted on our Web site.

0:15:08With all of the council meeting materials

0:15:10under supplemental materials we have

0:15:13had a couple of additional comments received since that

0:15:16posting and I will now announce that the period

0:15:21to submit public comments is officially closed

0:15:24and it will proceed to go through and I will read

0:15:27into the record the additional comments that we have received

0:15:32and we'll also for those of you who are on the call

0:15:35be showing those comments on the screen here

0:15:40Comments that are gonna be read into the record

0:15:42but still be subject to a three minute time restriction

0:15:46unless the mayor would like to at this time I only

0:15:50have three or four additional comments

0:15:53to read into the record.

0:15:55So Mayor my man can you confirm the three minute time limit.

0:15:58Three minutes is acceptable.

0:15:59Please proceed.

0:16:01Thank you very much So the first comments

0:16:04tonight which are up on your screen

0:16:09are submitted by Elizabeth Lord Lawson it is in her 30 minutes

0:16:15will begin now.

0:16:17Fellow council members as a landlord I

0:16:20support implementing an anti eviction policy

0:16:23for tenants who incur financial difficulties

0:16:26due to the corona virus.

0:16:28As usual I wish that we could all

0:16:30we could trust all landlords and tenants to do the right thing

0:16:34because there are many good landlords

0:16:35and tenants the Bad Seeds wreck things for everyone everybody.

0:16:40So we must have laws and ordinances.

0:16:42I trusting that the ordinance you will be voting on

0:16:45protects landlords as well as tenants

0:16:49I read much of the order.

0:16:50I read much of the ordinance but as I'm not a lawyer

0:16:53I must trust the city council and city staff on this

0:16:57on the subject of trust.

0:16:58I feel compelled to say that I do not have a lot of trust

0:17:02either our council or our staff at this time.

0:17:05State of California executive order and twenty eight twenty

0:17:09and thirty three twenty on which the ordinance you will vote

0:17:13on later today rests refers to the current emergency

0:17:17threatening to undermine California's

0:17:20housing security and the stability

0:17:22of California businesses.

0:17:25Nonetheless I and other small time landlords

0:17:28are rare and regarded as only a landlord something not quite

0:17:33the same as a business person.

0:17:35Though the city doesn't hesitate to bill me for a business

0:17:38license.

0:17:39There are so many ways the city ignores

0:17:41landlords and caters to tenant activity group activist groups.

0:17:46Right down to forming a tenant protection passports

0:17:49rather than something like a fair housing Protection

0:17:52task force.

0:17:53Even this Anti Eviction action is solely concerned with

0:17:57tenants not with landlords with mortgages

0:18:00and taxes and insurance whose tenants

0:18:03cannot afford to pay the rent.

0:18:05And yet many Eldorado red landlords

0:18:07are taking good care of many else tenants this very day

0:18:13as a landlord I am currently very afraid right

0:18:15now activist in Oakland and likely Berkeley

0:18:18to by now plan to stop paying rent starting April 1st

0:18:23a good old fashioned rent strike like I haven't seen

0:18:26since the 70s This could spread everywhere

0:18:28and I do not trust Elsa Rito to protect the city from that kind

0:18:32of rancorous activity.

0:18:34I am also completely discouraged by the status of the Tenant

0:18:38Protection task force or an also completely skirt for a number

0:18:43of reasons that I won't go into now though I can at least say

0:18:46that I am hugely dismayed by the fact

0:18:49that the rent registry form landlords were asked

0:18:51to complete last year and to pay as well

0:18:54was so badly designed that the data regarding rents

0:18:57and evictions that could inform the task force

0:19:00have still not been gathered.

0:19:02In fact though I filled out the forms

0:19:04shortly after July 17th 20.

0:19:08Today nearly nine months later I received an email notice

0:19:11from someone in the community develop

0:19:14in department that my submission was incomplete.

0:19:18At this point I'm going to conclude because that is

0:19:20the three minute time limit for this speaker

0:19:22and I will move on to the second public comment

0:19:27which is submitted by Jeffrey Bloomfield

0:19:35your counsel persons.

0:19:36The draft ordinance resolution 3 a

0:19:38is a good start in my opinion.

0:19:40The ordinance resolution needs the addition of a few more key

0:19:44provisions non-payment of rent and Kovic 19 proof

0:19:49either define what constitutes proof Is it really possible

0:19:53or remove this requirement entirely to Ellis Act.

0:19:57Move in should be prohibited.

0:19:593 The ordinance also needs to specify enforcement provisions

0:20:04whether by city and or court action for other communities

0:20:09are enacting rent moratoriums and rent freezes

0:20:12with criteria for paying back property

0:20:15owners over at least a year.

0:20:17Such criteria should be added to this ordinance

0:20:20at the very least a rent free should be enacted

0:20:23while respecting a B fourteen eighty two's provision

0:20:27that on January 1st the rent in these cases

0:20:30must be lowered back to the base rent price

0:20:33from before the increase plus the allowable increase at 5

0:20:37percent plus the Consumer Price Index percent in the tenants

0:20:41region the landlord does not have to repay the tenant

0:20:45or rent paid above the allowable increase between March 15 20 19

0:20:50and January 1st twenty twenty thank you

0:20:53for your careful careful attention to these matters

0:20:57in these difficult times.

0:20:58Jeff Bloomberg Elsa Rita resident I like mayor

0:21:05but we did receive one other comment prior to the deadline.

0:21:08I don't know if you received or not.

0:21:13I do have that I have not had an opportunity to redact

0:21:17inappropriate or personal information

0:21:20but I will also read that one now into the record.

0:21:23Those starting the three minute time this is submitted by Rosa

0:21:27Lynn Antonio and she writes.

0:21:29Good afternoon Mayor Lyman and city council please.

0:21:34I apologize there is a letter attached from the CAA regarding

0:21:41eviction moratorium we receive I believe I believe you could.

0:21:44I believe we can show the letter and whether there's

0:21:46any personal information on Mr. With me these

0:21:52as I get this to the appropriate location.

0:22:37OK.

0:22:44I apologize.

0:22:44So I'm going to start the three minute and over

0:22:48and start this letter submitted from the CAA

0:22:52your mayor Lyman and city council the coveted 19 outbreak

0:22:55reference presents a health and financial crisis

0:22:58to all Californians renters facing financial turmoil

0:23:02because of the big nineteen outbreak

0:23:04should not have to worry about keeping a roof over their heads

0:23:07and the government has a role to play in helping

0:23:09to protect it all citizens.

0:23:12The California Apartment Association

0:23:13appreciates the city of Elsa is intent

0:23:16to it is to assist the residents of Elsa Rito

0:23:19and request that you consider key important points to achieve

0:23:23equity consistency and sustainability.

0:23:26Any proposal should be carefully crafted

0:23:28to mitigate a chain reaction that

0:23:30will make this situation worse.

0:23:32Any local action must consider that when rent is not

0:23:36paid there is a domino effect without sustained and reliable

0:23:40rent payments owners and operators especially family

0:23:44owned properties may be unable to pay their mortgages

0:23:47and other bills related to operations.

0:23:50When those bills go unpaid more workers are out of jobs

0:23:53and face stress a ban on evicting renters unable to pay

0:23:57the rent because of cobia 19 financial impacts must be

0:24:01carefully and narrowly crafted.

0:24:04We encourage the city to watch state actions closely as this

0:24:07is a state wide concern.

0:24:09CAA a appreciates the city for following Governor Nixon's

0:24:14executive order and twenty eight twenty

0:24:17on residential evictions.

0:24:18That makes it clear that the moratorium should not be viewed

0:24:22as a rent waiver or rent forgiveness It is a rent

0:24:25deferral and a repayment plan must be clear upon completion

0:24:28of the moratorium The basis of the eviction moratorium

0:24:32is for non-payment of rent due to cope

0:24:35with 19 financial impact.

0:24:37The moratorium is a temporary emergency measure

0:24:40that sunset on May 30 first 20 20

0:24:44adopting this ordinance requires a new responsibility

0:24:47of the city of Eldorado the city of Eldorado

0:24:50has an obligation to assist housing providers so they are

0:24:54not extending indefinite lines of credit to affected tenants

0:24:58as this causes a chain reaction which may limit the housing

0:25:01provider's ability to pay their financial obligations

0:25:05mortgage property taxes insurance and utility bills

0:25:09to help mitigate the negative domino effect of this ordinance

0:25:13CAA ask the city to consider the following.

0:25:17The city should set aside funding

0:25:18to provide short term rental assistance to tenants

0:25:21and relief landowners landlord to suffer a loss of income

0:25:26in there.

0:25:26If their tenants cannot pay the rent they are obligated to pay

0:25:30each month amending Section 3 e and require that the tenant

0:25:35must provide notice to the property

0:25:37owner manager of their intention to participate in them.

0:25:41Moratorium before the rent is due to allow

0:25:44the housing provider time to prepare for a loss of rents.

0:25:48Additionally Section 3 should include a 14 day

0:25:52deadline for tenant proof of loss of income documentation

0:25:57not 30 days.

0:25:58All that concludes the three minute time

0:26:01limit for that public comment.

0:26:04I'm going to do one more quick check

0:26:05to see if any additional comments have been received.

0:26:23It looks like I do have one more which

0:26:26does have personal contact information

0:26:28so I will not be putting this one up.

0:26:31I will read into the record beginning the time limit.

0:26:36So This is submitted by Carina Jaffe an Elsa Sarita resident.

0:26:41It goes without saying that we are in a moment of crisis

0:26:44and I applaud the city for taking proactive measures

0:26:48to halt evictions for the duration

0:26:50of the shelter in place order.

0:26:53However I urge the city to extend the repayment deadline

0:26:56to twelve months to give low income tenants more of a chance

0:27:00to catch up on back rent while six months appears

0:27:04generous for people who have continued to work

0:27:06remotely during this crisis.

0:27:08It is nearly impossible for people who work

0:27:11in the service industry such as restaurants

0:27:14café bars or childcare.

0:27:16These are already some of the lowest paid employees

0:27:19in our society and they and they will

0:27:22have lost two or more months of wages

0:27:25by the time the shelter in place is over.

0:27:28These are people who will most likely most be most impacted

0:27:32by this crisis and it will take them a long time

0:27:35to recover financially.

0:27:37Likely more than six months.

0:27:39Furthermore I ask that the council also consider a rent

0:27:42freeze for people who lost their jobs due to coveted 19 outbreak

0:27:46or did not work because their place of employment has closed.

0:27:50We need this measure to give unemployment

0:27:52renters unemployed renters and homeowners peace of mind.

0:27:56Thank you for your consideration at this time.

0:28:06There are no additional public comments that have not

0:28:09been read into the record or provided prior to the beginning

0:28:13of the meeting so at this point we

0:28:16are going to conclude the agenda item for all communications

0:28:20from the public and we are ready to move on

0:28:23to the next item on the agenda which is counsel and staff

0:28:27communication Mr. LYMAN would you

0:28:32like to take over facilitating this agenda item.

0:28:36Certainly.

0:28:37Council member Purdue Okamoto Do you

0:28:40have any comments at this time I mostly have questions

0:28:47on the item coming up.

0:28:50So we'll go ahead and pass.

0:28:53Council member Fidelis I agree.

0:29:00I'm I'm the same way I could mention where I've been before

0:29:03but let's let's get to the me to this meeting Carlsberg.

0:29:07Quito there are a couple things.

0:29:14As chair Contra Costa mayors conference

0:29:16I'd our executive order and we did discuss the possibility

0:29:25of having our meetings in the in the near future

0:29:30to be on WebEx or on zoom.

0:29:35So we will most likely have one or two meetings that way.

0:29:41And we're looking at possibly after the month of May

0:29:46to start having our meetings on schedule.

0:29:51So blood no gap.

0:29:53This puts a lot of our cities.

0:29:55We need reservations at different halls

0:30:01of but we are keeping where we're going to move that

0:30:05along and make sure that if we did put a deposit in a location

0:30:11that we will work with our leader this year or next

0:30:15year to have our meetings in any particular city.

0:30:22Also I'd get in contact with the League of California cities.

0:30:28And I appreciate Sam Cagle and our representatives in Alameda

0:30:34and Contra Costa County and we're

0:30:38in contact with the governor and lobbyists in Sacramento

0:30:42so very much appreciate their leadership in letting cities

0:30:47know what we are dealing with now dealing with cokehead

0:30:52and what we are dealing with.

0:30:54All cities are dealing with right now.

0:30:57And that's my report.

0:30:58Mayor thank you.

0:31:03Great.

0:31:03Thank you very much.

0:31:05Karen any staff announcements.

0:31:09Yes Your Honor.

0:31:10Thank you.

0:31:14Yes.

0:31:14OK.

0:31:17Can anyone hear me.

0:31:19All right.

0:31:20I would I would like to give an update on what's been happening

0:31:23in the city with respect to the coronavirus

0:31:26as a public health crisis.

0:31:28As you know city facilities remain closed per the county

0:31:32health order and all programs events

0:31:34and nonessential meetings have been canceled

0:31:36through the end of March.

0:31:38Today we learned that the schools will now

0:31:41be closed for another county order

0:31:43through May 1st I haven't heard yet directly from the school

0:31:48district but this is this is what

0:31:50I expect to hear that confirmation and I'm sure soon.

0:31:57So the county health order is currently active

0:31:59still just through April 7th.

0:32:02The governor stay at home order however

0:32:04which is similar to the county health order

0:32:06does not have an end date.

0:32:08So considering all these things and considering

0:32:11our current staff capacity and the high expectation

0:32:14that the county order will indeed

0:32:16be extended I want to let you know

0:32:18that I'm going to announce right now today and we will put this.

0:32:22We will put this out widely starting tomorrow.

0:32:25That per our local emergency we've decided that all city

0:32:29facilities will remain closed through May 1st

0:32:32all recreation activities and classes will also

0:32:35remain closed through May 1st while our parks

0:32:38remain open at this time.

0:32:39We have closed the playground equipment

0:32:43non-essential public meetings and events will be

0:32:46canceled through May 30 first.

0:32:49And that unfortunately does include Earth Day

0:32:53and the citywide grudge sale which

0:32:55were kind to bigger events that were on the calendar

0:32:59including as also the egg hunt.

0:33:02All those will be canceled.

0:33:04Of course this is all subject to change

0:33:05depending on circumstances.

0:33:07But at this time that is what we are we're looking at on May 1st

0:33:14kind of a you know horizon at this time

0:33:17but May 30 first as far as non-essential public meetings

0:33:20and events.

0:33:21We will still continue to hold city council meetings We will

0:33:25we will likely have to hold a planning commission meeting

0:33:28a design review board meeting in order

0:33:31to facilitate some actions there but otherwise

0:33:35nonessential meetings will be canceled through May 30 first.

0:33:38So until further notice I'm going

0:33:40to be posting a city manager update weekly so we'll continue

0:33:43to try to provide as much information as possible

0:33:46to the public.

0:33:46And of course we have our Web site

0:33:49where we're using as a clearinghouse

0:33:52for city information at El dash so Rito

0:33:55dot org slash co vid 19.

0:33:59And on that page is a link to the contract Costa

0:34:02County Health page and their page is excellent.

0:34:06They have a wonderful frequently asked questions.

0:34:09They have a great hotline.

0:34:11The county has wonderful information

0:34:12so I also encourage everyone to continue

0:34:15to seek the county Web site.

0:34:18And of course part of tonight is is part of this

0:34:21but also as you know this public health crisis has had

0:34:24serious impacts on the economy.

0:34:26And I'm urging all of you and all residents

0:34:28if you can to patronize El Serino

0:34:31businesses that are open.

0:34:33I've personally taken it upon myself to patronize and else

0:34:36read up business every day for the last two weeks

0:34:38and my plan is to convene continue to do

0:34:40that throughout this crisis.

0:34:41So I challenge all of you and all of our residents

0:34:44again who have the ability to do so to do the same.

0:34:48A lot of restaurants are doing takeout

0:34:50you can order from a delivery service app

0:34:53on your phone like caviar or GrubHub also encourage you

0:34:57to check out the Chamber of Commerce Web site

0:34:59for a directory of businesses that are open.

0:35:02But additionally I'm sure that you can all

0:35:04imagine the strain on the economy

0:35:07will have serious consequences for the city budget.

0:35:09The city council already directed

0:35:11us staff to provide two million dollars in cuts

0:35:14for next year which was planned to be presented

0:35:16to you at the next council meeting on April 7th

0:35:19at this time city staff is working day and night to make

0:35:22adjustments to those forecasts and map out

0:35:24potential short and long term revenue losses

0:35:27that we expect as a result of this emergency

0:35:29particularly in sales tax.

0:35:32And in Measure B and property tax

0:35:36we don't necessarily expect that to happen right away

0:35:39but we will expect a drop next year.

0:35:41So we've already taken steps at this time internally

0:35:45to freeze nonessential spending.

0:35:47We've implemented a hiring freeze.

0:35:49We're working with bargaining units all of those measures

0:35:51that we have already taken.

0:35:54However this may not be enough.

0:35:56So at this point despite what we've previously discussed

0:35:59I'm just letting the city council

0:36:00and the public know that the world has literally

0:36:04changed within a week.

0:36:05Everything has to be back on the table.

0:36:08So we are working with our sales tax and our management

0:36:10consultants on impacts and projections and on April 7

0:36:13we plan to provide you not only with information

0:36:16on the original cuts that you would asked us

0:36:18but additional proposals that we can incorporate

0:36:21with this current situation so that you're aware of what we're

0:36:24thinking you're aware of what we're looking at

0:36:26and you can have a further discussion.

0:36:28So I just wanted to give you all kind of a preview as to what

0:36:31staff is is doing and again working day and night on how

0:36:34we can try to mitigate all of this

0:36:38And finally I'd like to conclude by saying a huge

0:36:40thank you to all of you to the community for their patience

0:36:44their understanding and their kindness

0:36:46throughout this ordeal.

0:36:48Again this is unprecedented in something none of us

0:36:50have ever dealt with before.

0:36:52And this emergency has been incredibly hard on everyone

0:36:54and it's certainly has been hard on city staff.

0:36:57Things are changing literally by the hour every day.

0:37:01And we've had to react.

0:37:02And I am just so proud of our team

0:37:05for being able to to do that in that I mean some changes have

0:37:09just been head spinning and we make a decision an hour later

0:37:13we have to change it.

0:37:13So we are really doing the best we can.

0:37:16We are trying our best to provide everything

0:37:19we can for the community.

0:37:20I am again very appreciative to everyone

0:37:23but you know all of our residents and businesses

0:37:26are hanging in there with us.

0:37:28We're facing a lot of uncertainties

0:37:30but we're all in this together.

0:37:32And I'm just really really proud of this city

0:37:35and I'm proud to be a part of this community

0:37:36and proud to work with such an amazing team.

0:37:39And I just got a note from our recreation director.

0:37:42So I will give him a shout out.

0:37:44This recreation department has also posted Web site Ellsbury

0:37:49to l dash Serino dot org rec sources

0:37:52and on that page are a lot of resources for people

0:37:56to some activities to do at home or while they're

0:38:01in self isolation trying to set different links

0:38:05and different activities for people

0:38:07to try to continue to recreate among themselves

0:38:11and with appropriate social distancing of course.

0:38:13So shout out to the rec department

0:38:15and again shout out to every department

0:38:17for adjusting and adapting in these really

0:38:20unprecedented times.

0:38:21So at this time I'd like to conclude and thank

0:38:24the council again for your leadership patients with us

0:38:26as we navigate this.

0:38:28Thank you.

0:38:35Janet do you have any comments at this time.

0:38:38No I don't have anything to add at this time.

0:38:41OK.

0:38:42I'm I. Too although I'm in it.

0:38:47I just realized based on an email

0:38:50we just received that we did have one other commenter

0:38:54that we did not read into the record

0:38:57so I will forward that now to two Polly

0:39:04and we will read it in shortly I'm looking for it.

0:39:18I mean I didn't respond to that individual submitting comments

0:39:22his comments were actually part of what was provided to you.

0:39:26That's right.

0:39:26It was really posted online.

0:39:28OK great.

0:39:28Thank you I I want to take this time to build on what Karen has

0:39:32said just a few minutes to address

0:39:38the ongoing concerns of our residents regarding

0:39:42the El Cerrito budget.

0:39:45This will include a summary of what we have done what

0:39:49our plans are and what our plans were and what at least from

0:39:55my perspective I think the future holds in in some ways

0:39:59this is going to be similar to my words from December 17th

0:40:022019 in which are available as an attachment to the January

0:40:0621st 2020 Meeting and we will get these attached to one

0:40:12of our meetings here so a summary of the actions

0:40:16we've taken in October 2019 state auditor published a Web

0:40:20site listing the fiscal health of L Street of California

0:40:24cities and elsewhere it was indicated as the worst

0:40:26in the state at our December 17th meeting

0:40:30I summarized the questions

0:40:32the state auditor asked me and I called on the council

0:40:36to seriously act on the budget in the forthcoming budget cycle

0:40:39at our January 21st meeting.

0:40:41We outlined the steps we anticipated for the budget

0:40:44cycle including a town hall meeting on February

0:40:46first budget discussion at the February 4th meeting

0:40:49and in mid-year budget adjustments at the February

0:40:5118th meeting at the very first town hall we provided

0:40:56a presentation about the city budget

0:40:57and general fund presentation is available online.

0:41:01The purpose was to provide common language

0:41:04and understanding around budget terms.

0:41:07The attending residents ranged in understanding

0:41:10and we answered many questions about the fiscal health

0:41:13of the city.

0:41:14The public called for us to take bold action to stimulate

0:41:17business development and revenue that

0:41:20act and spark as a result of that interest

0:41:25in business development.

0:41:26We created a business department workshop

0:41:28that was held on March 9 at the February 4th council meeting.

0:41:32We discussed the long term financial forecast

0:41:35for the city.

0:41:36These discussions set groundwork for our guidance to staff

0:41:39to cut 2 million dollars in annual costs staff

0:41:43asked us to provide guidance on the Fourth of July

0:41:45and other upcoming events which we then took up

0:41:47at the next meeting starting February 5th city staff

0:41:53began to as Karen has alluded to evaluate both five percent cuts

0:41:57and much more drastic cuts.

0:42:00These cuts and expenditures are scheduled to be presented to us

0:42:03at the April 7th meeting at at our February

0:42:0718th council meeting.

0:42:09We discussed the 20 19 20 20 fiscal year budget updates.

0:42:13We recognized increases spending in overtime

0:42:16and made adjustments to save almost six hundred thousand

0:42:19dollars in expenditures over the remaining

0:42:22budget of this fiscal year we began the painful discussion

0:42:26of cutting services when we discussed

0:42:29canceling city events at the March 9th

0:42:34Economic Development Workshop.

0:42:36We heard about all of the development proposed

0:42:38along the avenue and the constraints

0:42:40developers have expressed specifically or else credo.

0:42:45That's what that's what happened up till March 9.

0:42:50What was planned before Cove in nineteen

0:42:53we were supposed to be moving forward

0:42:55on this schedule March 14.

0:42:58The strategic planning workshop March 17th city

0:43:01council meeting to discuss the council's

0:43:03our own budget April 7th.

0:43:05The city auditor was to present to staff to introduce

0:43:09and staff was to introduce proposed two million

0:43:12dollar budget cuts April 21st.

0:43:16We were going to provide guidance on the budget

0:43:18cuts to be reflected in the new fiscal year budgets.

0:43:25In may we would finalize our strategic plan set masterpiece

0:43:29work on the landscape assessment district and storm drain

0:43:33assessments and in June we review and set the budget

0:43:40as Karen has said.

0:43:41That is all in a state of flux.

0:43:43Now here are my personal thoughts on where we are going.

0:43:49And I use this forum to try and set this on forward.

0:43:57I'm really proud of the residents of Alfredo and area

0:44:00as we lead the nation in the shelter in place.

0:44:04California's infection rates have have slowed flattening

0:44:09the curve as we've heard may or may not reduce the total number

0:44:14of infections but it does reduce the number of deaths

0:44:19flattening the curve does not eliminate the virus quickly

0:44:24it matches the infection rate and illnesses

0:44:28to those desperate Hospital and Medical System capacities.

0:44:32And that's how we save lives flattening the curve.

0:44:37Another way to look at it is reducing the spike converse

0:44:40this fight from one intense and deadly battle against Kobe 19

0:44:45into a protracted war.

0:44:48As we've heard Karen say that includes

0:44:50extending school closures.

0:44:52Now for the entire month of April

0:44:56we need to adjust our plans for our cities budgets accordingly.

0:45:02We have not funded our Emergency disaster reserve

0:45:04fund thus this fund created in the summer of 2019

0:45:08is targeted to be at 6 million dollars.

0:45:12We do not have any funds in our General Fund Reserve

0:45:16the reserve is targeted at 10 percent or about 4 million

0:45:20dollars so we don't have the resources to ease

0:45:24into this fiscal crisis.

0:45:27We have no way to delay use fiscal troubles

0:45:29overwhelming our resources.

0:45:31No way to flatten our curve of fiscal troubles.

0:45:36We need to face this issue quickly

0:45:39We have lost at a minimum several months of the annual

0:45:44recreation department revenue.

0:45:46I asked by my estimates approximately a million

0:45:49dollars.

0:45:50We have lost at a minimum 10 percent of our annual sales tax

0:45:56revenue.

0:45:57I have my estimates actually another million dollars.

0:46:01Home sales have all but stopped deferral

0:46:04of real property transfer tax.

0:46:07I estimate at about a half million.

0:46:10This represents two and a half million dollars more

0:46:12than 6 percent of our annual general fund revenue February

0:46:174th guidance.

0:46:19The camera alluded to was to cut two million dollars or about

0:46:245 percent of our general fund expenditures

0:46:27that's just not going to be enough We

0:46:30will see what the staff has identified as the maximum cuts.

0:46:34Next week in preparation for our April 7th meeting and it will

0:46:40probably be not be enough staff and residents

0:46:45alike need to think about what is important at this time.

0:46:51We have made the decision around Kobe 19

0:46:54to save lives as a community to flatten the curve.

0:46:59We need to carry that sentiment into our strategic plan

0:47:02budgeting decisions.

0:47:04We need to think of how we will save livelihoods not

0:47:08just livelihoods of our residents

0:47:11our small businesses landlords renters homeowners aging

0:47:14in place but our employees livelihoods.

0:47:18Our plan checkers lifeguards custodians truck drivers

0:47:22laborers police fire managers each

0:47:28of us will have to decide what is the minimum service I can

0:47:33live with longer police fire response times less

0:47:38hours at the pool library slower permit issuance items

0:47:43and inspections longer waits for service.

0:47:48Each of us will have to decide what is the minimum income

0:47:50my family needs to survive so that we

0:47:54as a community of residents employers and employees

0:47:58and save livelihoods at house that that save

0:48:04livelihoods these livelihoods.

0:48:07How people feed people and power our economy

0:48:13deep swift painful cuts that keep us on our feet

0:48:18maintain our critical services at minimal levels

0:48:21protect residents businesses and employees balancing reduced

0:48:27services and reduced cost of services

0:48:30while maintaining as many livelihoods as possible

0:48:33will be a painful process at times.

0:48:38We will look like butchers making sausage.

0:48:42We will have to evaluate this budget line

0:48:45by line review of the expenditures

0:48:49can start effectively immediately

0:48:52and we will get staff's recommendations of expenditure

0:48:54reductions before the April 7th meeting

0:48:58however it will take time to adopt a budget because

0:49:01of revenue and uncertainty.

0:49:04We need to see the economy begin to recover so we

0:49:07can better predict our revenue.

0:49:10Aaron touched on this.

0:49:11Will house prices drop.

0:49:14Will the county assessor who is up for re-election lower

0:49:17assessed values and reduce our property tax revenue like he

0:49:20did before his 2010 election.

0:49:23Therefore I propose we take the appropriate steps to have

0:49:26our budget process moved to September

0:49:31This will allow three things one revenues to stabilize two state

0:49:38auditor complete their work three city council to deeply

0:49:43analyze our priorities through the strategic plan and

0:49:46our budget process so actions.

0:49:52At this time include discussion with all of our bargaining

0:49:56units review expenditures at both

0:49:59of the April meetings continued close examination

0:50:03of our changes in revenue and this will allow us to continue

0:50:08to have budget related items on all future agendas

0:50:11and we'll provide and we will provide information

0:50:14in conjunction with those meetings thank you

0:50:19and I look forward to being able to process

0:50:22this over the next six months.

0:50:25Mr. Mayor Mr. FDLE Yes I have some general comments

0:50:31as well that I think may fit into this timetable this time.

0:50:35If I may.

0:50:36Yes please do.

0:50:38Thank you very much.

0:50:40You know we're all here tonight dealing

0:50:42with a very narrow but important issue relating to the cove 19

0:50:47I was pandemic residential and commercial evictions

0:50:52don't make for a stable city It's

0:50:55a very dramatic and difficult time for El Cerrito

0:50:58and Bay Area our state our nation.

0:51:01But as Karen said the phrase We are all in this together

0:51:04is rightly been called out daily by public officials

0:51:08who are corona virus crises.

0:51:12It is what many of us have said even before this health crisis

0:51:15about our local financial situation here

0:51:18and read up as we head toward a state audit.

0:51:21And now that raised in my view is even more important

0:51:25in anticipation of another recession

0:51:28we recently as folks and the mayor

0:51:30has said that our path forward resolving

0:51:32to resolve and address many of the issues that have kept

0:51:35our budget from solvency The council

0:51:38asked to cut five hundred thousand

0:51:40from this year's budget and we directed the staff

0:51:43to seek two million dollars more to our upcoming two year

0:51:47budget.

0:51:49But recent news probably means we

0:51:51will have to do as the mayor has said much more because now

0:51:55in addition to a health crisis over 19

0:51:58has indeed brought the recession to our door.

0:52:02The governor today made the point

0:52:04that his budget will be very different than previously

0:52:06expected but the state has 20 billion dollars in reserves.

0:52:11Elsa Reno has not.

0:52:14The resulting shut down of services businesses

0:52:17and isolation of our workforce is only

0:52:19compounded the hit to Elsa radio and the tough choices

0:52:22that we must make.

0:52:25The choice as I said earlier would be difficult to make

0:52:27though in my view have become much easier

0:52:31because I believe there are fewer alternatives council has

0:52:35not yet seen what the city will propose for us to consider

0:52:39but I want to say out loud tonight some of the big ideas

0:52:43that we need to consider because I have faith in the city.

0:52:47But when we do get to those options at a future council

0:52:50meeting I will want to visit.

0:52:52Why or why not some of these hard decisions

0:52:54were not chosen for us to consider.

0:52:57Some of these include 5 percent or more cuts across the board.

0:53:01All of our departments a hiring freeze of our staff a pay

0:53:06freeze for a couple of years and events review as we did

0:53:10previously may be the time to revisit July 4th.

0:53:14Now that the Olympics have been postponed

0:53:16I think we may be unwise to bring people together

0:53:19at this time let's review our contracts let's increase

0:53:23nonresidents rates to our facility

0:53:27like the mayor said Should we cut recreation hours

0:53:29and our swimming pool parking charges around BART stations.

0:53:35We restructure our public safety organization

0:53:38our fire and police staff.

0:53:40That's a big one but should we consider

0:53:42that to be rethink our role of inspectors

0:53:45and maybe instead collect at the sale of a house

0:53:49to be camp pension Do we consider a vacancy rate charged

0:53:58if we review our cash flow procedures and should

0:54:01we possibly initiate a ballot measure to increase our city

0:54:04lighting and stormwater costs which we've been in the hole on

0:54:08I may not favor all these but I sure

0:54:10will want to know that they've been

0:54:13considered by staff and wiring.

0:54:15Why not.

0:54:15We're not proceeding in that direction

0:54:18if we are to gain the support of our community.

0:54:21We must first show that we considered

0:54:24and took tough choices.

0:54:26If at the end of this process after dramatic cuts

0:54:29we still need to reach out like the city of Alameda

0:54:31is doing now to seek local taxes to alleviate budgetary problems

0:54:37We will not be successful unless we first demonstrate that we

0:54:40can make the tough decisions before we

0:54:42seek assistance on a ballot.

0:54:45I have also said that I thought the state on it

0:54:47may be a good thing for our city and that we should

0:54:50heed any recommendations.

0:54:52I'm not sure about the timing as the mayor said

0:54:57and I and I also believe a neighborhood to set up

0:55:00the process in a way that allows us to respond and possibly

0:55:04incorporate or amend those suggestions to make

0:55:07our city more solvent as we move forward.

0:55:11So I am open to what the mayor is just suggest gestured

0:55:15about a different timetable to get the assets that may be

0:55:18coming to us from the people who will be auditing whatever we

0:55:24decide to do it must be fair and all of us

0:55:28must contribute because again we're all in this together

0:55:32and across the board we will get there.

0:55:34We will move forward.

0:55:35Thank you.

0:55:36Thank you Mayor you they gave us the public with that.

0:55:44Go ahead It's council member Quinto I'd

0:55:47like to say a few words please.

0:55:50Thank you.

0:55:52I'd like to echo what my colleague vice mayor of FDLE

0:55:57said and know that as someone who mentioned back in 2018

0:56:04and again in twenty nine ten these are years of austerity

0:56:10And when I was mayor in 2018 I did say we need to.

0:56:14We needed to deal with this.

0:56:17Now we're dealing with that and with the addition of dealing

0:56:21with Kofi 19 I look forward in making sure that we make

0:56:26the necessary cuts and that all departments

0:56:30will be affected by this.

0:56:32So I look forward in working with all

0:56:35department heads and my colleagues

0:56:37to make sure that these cuts are fair.

0:56:40We are no different than the other cities

0:56:42here in Contra Costa County.

0:56:45And I look forward to making our government smaller much smaller

0:56:49here in El Salvador.

0:56:50Thank you.

0:56:53Thank you.

0:56:56Let's go to meet Rochelle or Janet.

0:56:58Do either of you have commented this time

0:57:00as a result of what you've heard I'm a little confused.

0:57:04What we're talking you're right.

0:57:07We're on item number two which is counsel

0:57:10and staff communication.

0:57:11They already did it Well I thought we already went around.

0:57:15We did.

0:57:15But Mr. FDLE and Mr. Canto wanted

0:57:17to add to their previous comments OK OK.

0:57:27If I the format is confusing me we're on item two

0:57:33I understand what we're on.

0:57:35I don't understand.

0:57:37I I made comments that on record I

0:57:41made comments that triggered comments that Mr. fidelity

0:57:44Mr. King wanted to provide.

0:57:46So I am allowing you I allow you the opportunity

0:57:49to make that those comments at this time

0:57:51those at if we could move on.

0:57:53Sir with that.

0:57:57Go ahead.

0:57:57No I'm I would like to make a comment on what all

0:58:02all of you guys have said.

0:58:07I just wanted to say that this crisis is absolutely

0:58:13unprecedented and where we're going week to week like we said

0:58:19hour to hour with new information

0:58:24And I know that the the things that we have said

0:58:28in the last several months are now amplified

0:58:32and that now with potential of several million more

0:58:39in the hole than we had in any way anticipate

0:58:43and we're going to have to make decisions differently than we

0:58:47would chosen to previously.

0:58:51And I I feel very somber that these decisions that we're

0:58:56going to be making in the near future

0:59:00and I know that much more things will be on the table that had

0:59:04not been on the table before That being said

0:59:11a lot of these things are things we can live without

0:59:16or things that we can move on from.

0:59:18But at the end of the day we need our health

0:59:22and we need to the curve.

0:59:26Things are ramping up at the hospital

0:59:29that I work at Ulta Bates.

0:59:32Thank God that Alta Bates is still standing at this point.

0:59:35We're trying to make more hospital beds

0:59:39around the country or around California in particular It's

0:59:45an absolute crime and shame that doctor's hospital is no

0:59:50longer standing there because we could use those beds right now

0:59:55Everybody's health is at risk.

0:59:57This is something that we've never

1:00:00seen before And my own personal exposure to the disease is

1:00:11is frightening though with that I want to say that first

1:00:18and foremost I want to take care of everyone's health

1:00:21in the city I want to make sure that we don't make this health

1:00:27problem exacerbated by any of our actions

1:00:30and that we are protective of our citizens and our residents.

1:00:37I want to make sure we can do everything we possibly

1:00:41can to keep people informed and to keep people housed to keep

1:00:46people safe and keep people fed and we

1:00:52will do whatever we can as a city to help

1:00:54promote this issues.

1:00:58And that's all.

1:00:59Thank you.

1:01:00With that we move on to item three which is policy matters

1:01:06the first policy item tonight is urgency ordinance enacting a

1:01:11temporary eviction moratorium.

1:01:13And we're going to hand it over to staff ice

1:01:15to assure you to provide the staff report.

1:01:18Thanks Holly.

1:01:18Good evening Mayor linemen council

1:01:20members members of the public.

1:01:22My names are you so sorry.

1:01:24I'm housing analyst and the city's Community

1:01:26Development Department.

1:01:27And tonight I'll provide a brief full staff report for you all.

1:01:31I do want to just take a quick moment to acknowledge our city

1:01:34attorney Skye Woodruff and Melanie Mintz

1:01:37our community development director who also worked hard

1:01:40on this item tonight for your consideration

1:01:43so staff is currently proposing that you take action and adopt

1:01:46an urgency ordinance to immediately preserve

1:01:49public peace health and safety through a temporary moratorium

1:01:53on evictions for both residential and commercial

1:01:56tenants financially impacted by the corona virus also known

1:01:59as COBRA 19 as a reminder.

1:02:03This action does require a fourth fifth vote

1:02:05and if adopted the ordinance will take effect immediately

1:02:09and it is currently set to expire on May 30 first 20 20

1:02:13and I'll talk a little more about that shortly As you know

1:02:17this pandemic has and continues to take the lives of many

1:02:20around the world just in this month alone

1:02:24there were unfortunately several actions taken

1:02:26at the federal state and local levels

1:02:29in an attempt to flatten the curve.

1:02:32Obviously the governor declared a state wide emergency

1:02:35back on March 4th.

1:02:36We took our local action by declaring that on March 13th

1:02:40but things significantly changed for us all.

1:02:43On March 16th when Contra Costa County

1:02:46along several other Bay Area counties

1:02:49moved forward by issuing a shelter in place.

1:02:52And so what that basically does is it requires all of us

1:02:57to shelter at home except for those who are critical and are

1:03:02deemed essential services so that would be police

1:03:06and fire and transportation.

1:03:09There's no takeout available but a lot

1:03:11of services such as our jams and our hair salons and things

1:03:15like that are all shut down.

1:03:18The intent is obviously for good reason

1:03:21but obviously there will be some significant financial impacts

1:03:25and obviously a road to recovery now that we know

1:03:29that a lot of things will be shut down

1:03:31through the month of April.

1:03:34So I just wanted to kind of point that out.

1:03:38We all know I do want to also point out that this ordinance

1:03:42would for residential renters which represents about

1:03:464000 households in Eldorado.

1:03:47As you know we're 40 percent renter

1:03:50occupied households and many of those residents

1:03:53are currently of course holed up and shelter.

1:03:57Many have already been laid off have seen a reduction in hours

1:04:02or just maybe don't have child care because schools

1:04:04close far businesses.

1:04:07Obviously it's a lot for them especially

1:04:09those that are deemed nonessential

1:04:11because their doors are in essence closed and they

1:04:13continue to lose revenue daily while they're still incurring

1:04:17expenses and for the businesses that

1:04:19are deemed essential although their doors might be open.

1:04:23They've still reported a 80 to 90

1:04:25percent drop in revenue in addition for our homeowners.

1:04:31They're actually have been many steps already taken

1:04:35by the government's sponsored enterprises known as Fannie Mae

1:04:38Freddie back in the Federal Home Loan Bank

1:04:40as well as other private banks to provide assistance to those

1:04:45impacted by Cobra 19 and some of the things that they're doing

1:04:49more immediately is allowing delayed in payments

1:04:52such as a forbearance period.

1:04:55And I know that some relief was also recently announced

1:04:59for multi-family apartment owners and renter

1:05:02owners that of course are all being

1:05:05impacted by this by the minute.

1:05:07So I just want to remind you that the ordinance before you

1:05:12tonight is allowed under the governor's executive order

1:05:15and dash to eight dash 20.

1:05:18It does allow local governments to consider

1:05:20a temporary moratorium on evictions through May 30 first.

1:05:24So the draft ordinance would apply

1:05:27to all residential and commercial rentals

1:05:29in Eldorado including single family homes.

1:05:32Some key pieces of the ordinance which

1:05:35are detailed in your new staff report and available public

1:05:38online include.

1:05:41First that evictions relate it to non-payment of rent

1:05:44filed after March 16th which is based

1:05:48on the governor's declaration.

1:05:50Anyone who can demonstrate after that date

1:05:53that their income was reduced and that they've

1:05:56been financially impacted by Cobra 19

1:05:59would qualify under this ordinance

1:06:01obviously for the reasons I mentioned above.

1:06:05Loss of work but obviously to those

1:06:07who might be forced to go on self

1:06:09quarantine who might be sick.

1:06:12There's others who might need to care for a family member

1:06:14as well.

1:06:15So we recognize all of the impacts and domino effects

1:06:19that this pandemic is having by the moment.

1:06:22So another thing that the ordinance does and intends

1:06:25to not get people too far in the hole

1:06:28is that it does waive late fees for again specifically

1:06:33to this target population.

1:06:38And the other component of the ordinance although it is set

1:06:42to expire on May 30 first it does allow a six month payment

1:06:47period basically a payment plan of forbearance

1:06:52to allow tenants to get caught up.

1:06:56So what it does allow after that date of the ordinance

1:07:00expiration after May.

1:07:02So in essence if this expires on May 30 first

1:07:05per the government's governor's order

1:07:07it would give people through the end of November to catch up.

1:07:10However the landlord is able began seeking rent payment

1:07:14after the ordinance expires.

1:07:15So really the intent of the six month period

1:07:18is aligned with realizing that small businesses will need

1:07:23to go through a process which is of course

1:07:26overwhelmed at the moment applying

1:07:27for small business loans.

1:07:29Renters are of course going to seek relief

1:07:32so that they can get up to speed and bring

1:07:35their payments current.

1:07:37So again it's not forgiving the rent It

1:07:40is still do even if it's late.

1:07:43So I just wanted to point that out

1:07:45that the duration is limited and it is providing some added

1:07:51security because obviously people being howls

1:07:54is not going to help our public how public health crisis

1:07:58and get us back to hopefully our normal lives some how

1:08:02some way some day.

1:08:04So obviously there's a lot to balance during these times

1:08:06and and consideration with these circumstances staff believes

1:08:10and I know it's important to you that we provide

1:08:13some form of measure and assurance for our residents

1:08:19and we believe that this tool will provide

1:08:21temporary protection to our community during this pandemic

1:08:25as we all work together towards the path of resiliency

1:08:29and economic recovery.

1:08:30So as Karen mentioned the city has a dedicated Web site that

1:08:36is does provide resources to businesses renters and home

1:08:40owners so we encourage you to keep visiting that

1:08:43and staff of course is always engaging and having dialogue

1:08:46and is always available although we might not

1:08:48physically be in the office.

1:08:52And with that said I just want to conclude my report

1:08:55and open it up to you all for questions and answers

1:09:02Thank you.

1:09:04I will go to a council member.

1:09:07They will soon.

1:09:07Any questions.

1:09:09First question I had had to do with how members of the public

1:09:16would get a hold of staff if they're not in the office.

1:09:21How did they do that.

1:09:23Good question.

1:09:24So on our website site there on the cove ed page

1:09:27there is a list by city department.

1:09:32And then went there not each division there

1:09:34was a dedicated phone number and email address so staff

1:09:37is able to check voicemails remotely

1:09:41and return calls from home.

1:09:42And then of course return emails from home as well.

1:09:45And I'm in community development.

1:09:47We also have other measures in place

1:09:50for other portions of our divisions

1:09:52like planning and building OK.

1:09:57So the so the basic answer is to look on the Web

1:10:02site in some specific places that you've identified

1:10:08and that that's where you would find the referral to how

1:10:12to actually get a hold of somebody who will be probably

1:10:19calling in and following the guideline

1:10:28of the city hall being closed.

1:10:30Yes.

1:10:31So depending on what your need is

1:10:33you can look at that and list on the Web site

1:10:35and get a whole hold of the most appropriate staff member.

1:10:39Thank you.

1:10:43That's my first question.

1:10:49The second question I have I guess is

1:10:55has to do with what would happen if there were an extension

1:11:03of let's say that the governor extended the they are

1:11:17the new what I call the new rules about distancing

1:11:22and so forth if that were all extended by some period of time

1:11:28would we then need to turn around and redo

1:11:32this particular ordinance or consider some other when it was

1:11:39you assess and ask maybe each sky to chime in after c section

1:11:42seven of the ordinance does state that the ordinance will

1:11:46remain in effect until May have 2020

1:11:48or the expiration of the local emergency

1:11:51or the governor's proclamation of the state emergency

1:11:54whichever is later.

1:11:55So it's looking at our local as well as the state emergency

1:12:00if that is extended So if that is

1:12:04the case I'll let Skye chime in on how that would all play out.

1:12:11You wrote a time in on that.

1:12:14I will.

1:12:15This is Skye Woodruff the city attorney Thank you.

1:12:17Yes sir.

1:12:18So basically the way that we have set this up

1:12:22is that if the State Emergency ends but we determine

1:12:28that there are local conditions that would justify continuing

1:12:31the local emergency and thus this moratorium

1:12:34the council would have the ability to do that.

1:12:37Alternatively if if they're basically both of them

1:12:41conclude at the same time then the moratorium

1:12:44will expire when when the emergency continues if we need

1:12:48to bring it back to the council we will follow basically

1:12:51the same format of a special meeting

1:12:53and an urgency ordinance to just those as necessary.

1:12:56But the way that we've set it up is

1:12:59we the moratorium will expire when the emergency expires

1:13:06and the payment the six month payback period will begin

1:13:11when the emergency has ended.

1:13:17OK.

1:13:18I'm a little concerned about getting in order for people

1:13:28to react.

1:13:29For example they need that oftentimes have a job

1:13:33and in order to have a job there has to be a business open that

1:13:39provides that job and all that coming from a state of all

1:13:46of those things being closed for for example the store is closed

1:13:51and the employees were let go.

1:13:55And so they're not you know that that all

1:13:58has to be read I'm thinking a it as really energized.

1:14:06Is the word that comes to my mind

1:14:08that the those things are going to all take time varying

1:14:14thoughts and so I'm not.

1:14:19What I'm wondering about is whether or not

1:14:22all of those things are necessarily

1:14:24on the same timeline I actually think they may not be

1:14:33and therefore we want to maybe not

1:14:40today but at a future date when hopefully all of this

1:14:45is happening.

1:14:48Consider you know what how that all leads to interface with it

1:14:54self if that makes any sense it does and this

1:14:59is Skye Woodruff again.

1:15:01I what I would say is that if if we are

1:15:05we are trying to use this as part of this ordinance

1:15:08establish what we think is a reasonable period for repayment

1:15:14of non paid rent but if once conditions once were

1:15:20a little bit farther into the future

1:15:22if we have a better sense of what the recovery

1:15:25time for the economy it looks like and what reasonable

1:15:29changes as a result of those factors again

1:15:32we can come back to the council and with a proposal to adjust

1:15:36the repayment period if we think it's justified based on how

1:15:40the economy is recovering how individuals

1:15:42are recovering at that time.

1:15:44I'm kind of thinking in a more detailed level of just

1:15:53this data let's say and so much so that everything's

1:15:56going back up on that.

1:16:01You don't just get your employees back and start

1:16:04getting money into a business.

1:16:06The next day and that's why.

1:16:11Yeah.

1:16:13It's like the national minimum it

1:16:15has to be for example contract employees federal employees

1:16:21and so forth.

1:16:22These these things are processes that take a certain amount

1:16:27of time and so I'm just wanting to make

1:16:31sure there's flexibility there in order to do that.

1:16:39High council member in Boston this is I you sir and that is

1:16:42is exactly why we had the six months in is because we

1:16:47realized that just because the state of emergency

1:16:51that state might close on May 30 first

1:16:53that it would still allow people through the end of November.

1:16:57So it's still giving that six month period to get back

1:17:01out there and get on your feet.

1:17:03But of course as we monitor this situation as Skye mentioned

1:17:08we can further determine things kind of happen

1:17:12in the coming days and weeks.

1:17:14Is six months gonna be long enough.

1:17:17I guess I'm thinking about it in an additional way

1:17:20to let's say that you're a business a small business owner

1:17:25and Alfredo your bills may not have

1:17:29stopped just because you're not putting

1:17:33out any money on salaries.

1:17:36You know you may still have had to pay your rent.

1:17:40You may still have had to pay for any number of other things.

1:17:46And that will continue and so getting.

1:17:52And not only that you have to reestablish procurement chains

1:17:57for merchandise you know first day

1:18:01for a restaurant you know you have to get

1:18:03back in the toilet paper right.

1:18:07And many many other foods that things including

1:18:11and especially including food.

1:18:13So all of these things are things

1:18:15that are going to take time.

1:18:17So it's not a simple process of it's

1:18:21not just that one item of the the

1:18:28the rent as the rent payment.

1:18:30There's a lot more to it now.

1:18:33And I'm just wanting to make sure we have flexibility

1:18:37and whatever we do to enable that to happen.

1:18:43Yes the sky water.

1:18:46So we do try to be mindful of exactly those

1:18:50those circumstances that you outlined rebels that would be

1:18:53necessary or local business says to come back online begin

1:19:00conducting business again start hiring and then which

1:19:04would mean to come back to individuals

1:19:06to be able to pay the rent.

1:19:08The way that we've constructed the ordinance we think

1:19:10is our reasonable response to exactly that chain of events.

1:19:15But yes we have flexibility to adjust that in the future

1:19:18if we find that the six period isn't the right one.

1:19:22And we would we would anticipate bringing

1:19:23that back to the council to make changes if we may if we find

1:19:27that there are additional determination of six

1:19:30is incorrect thank you.

1:19:36Janet any more questions at this time Rochelle OK.

1:19:46Yeah Yeah I wanted to add on to what council

1:19:50Councilwoman Wilson just said.

1:19:53I I'm kind of wondering where the six months

1:19:57time period came up from it seems to me like some

1:20:01of our lower wage earners who are already struggling to pay

1:20:06their rent if they're also not working sig for example

1:20:12maybe like a bartender a server or at a restaurant or something

1:20:18and then they then they all decide

1:20:19and come back on where they of course have to pay their rent.

1:20:22This is not to let people not pay their rent

1:20:26but that that payback period seems like it

1:20:30could be a stretch shift there depending

1:20:33on what their their rent is.

1:20:36But if it's one of the higher levels of rent here

1:20:38and also Rito they might already be spending a huge amount

1:20:44of their income on rent.

1:20:46And I'm just not sure how they how quickly they can recover

1:20:49from this whole incident.

1:20:54So I guess my question to reiterate my question

1:20:57is where did the six month period come from.

1:21:02Yeah that's actually a good question.

1:21:06And in looking at what other cities have done with regard

1:21:09to this action it's actually on the longer side some cities are

1:21:14not allowing any grace period just when the local emergency

1:21:19expires on May 30 first.

1:21:21Then at that point there would not be a repayment period.

1:21:25So we grabbed the six month because it

1:21:28allows staff to work through with both property

1:21:31owner who might.

1:21:33I'm sorry commercial property tenants who might need time

1:21:37to work with a small business development center

1:21:39get loans and things of that sort.

1:21:41We felt like the six period six month

1:21:43period was a good cushion.

1:21:45It's half of the year but of course as this evolves

1:21:48things could change.

1:21:49But we did.

1:21:50And consideration well with looking at other ordinances

1:21:53that some didn't apply any repayment period or it

1:21:56might have been a 90 day repayment period That's how

1:21:59we landed on the six months.

1:22:01So you know to work through those resources

1:22:03and hopefully some money will funnel down to help out renters

1:22:08especially are low to moderate income renters who

1:22:12as you mentioned are in service and it will take

1:22:15longer time to bounce back.

1:22:17But yeah that six month repayment period was really

1:22:21we really put that forward with that in mind.

1:22:26OK.

1:22:27I wonder if I just wanted to add additional there that are

1:22:31coming up with that number.

1:22:33We did also try to be mindful of the other sort of the equation

1:22:39which is the property owners who have made economic decisions

1:22:44based on an expectation of rent and also as part of that trying

1:22:49to be aware that then foregoing all or some rent for some

1:22:55period of time may additionally put them in a financially

1:22:58precarious situation which would have a similar cascading

1:23:03negative consequence for the local community so we tried

1:23:08to balance the two and came up with as ISIS said what we

1:23:13thought was a reasonable but also at the longer end of what

1:23:17we see other communities doing period

1:23:19of time but we've also said in answer

1:23:22to accounts of what we're

1:23:22able since questions if we find that that's not

1:23:25the right number based on circumstances once there's more

1:23:29information we will come back to the council

1:23:31or suggest that okay.

1:23:35And then my second question is What help.

1:23:40I know you touched on it.

1:23:41But I'd like that also to be explained in a little

1:23:45more detail if possible.

1:23:46What help is there for landlords in order

1:23:50to have mortgage relief whether it

1:23:53be either on the commercial side or for renters

1:23:59in the community.

1:24:02Yes if you say again.

1:24:04Good question.

1:24:06In terms of resources on the owner side

1:24:11the U.S. Housing Department of Housing and Development HUD

1:24:16they provide housing counseling.

1:24:20And part is going to be for some people

1:24:23figuring out how to go through the forbearance process.

1:24:26So if they are unable to make payments

1:24:30property owners have a process established by that

1:24:33and that's mentioned in the staff report

1:24:37through the Federal Housing Finance Agency

1:24:39so there are resources available through the county

1:24:43and at the federal level to support people

1:24:45who might need assistance.

1:24:47I'm getting mortgage forbearance for a temporary period.

1:24:51There is also you know been a lot of announcements

1:24:54around that as well.

1:24:56And then on the business side we are working with the Contra

1:25:01Costa Small Business Development Center

1:25:03to ensure that we can connect businesses with them.

1:25:06They are giving they mentioned they will have a low interest

1:25:09loan program that would an asset in theory

1:25:14once approved right now it's about a five week approval

1:25:16period for that small business loan which would basically

1:25:21issue checks upon approval issue checks

1:25:24monthly to businesses over a course of like eight

1:25:27to nine months so they can get back on their feet

1:25:29and then you know obviously the repayment is going

1:25:32to be a separate thing that would likely depending

1:25:35on the size of the loan.

1:25:36It could be a 15 or 30 year term repayment.

1:25:39And then in terms of residential rental

1:25:42I know Catholic Charities has a program

1:25:44but I imagine I've reached out to them I imagine they're

1:25:46overwhelmed right now and probably at capacity like

1:25:50the Small Business Center is.

1:25:52So my hope is that there will be some money

1:25:56that with the package that will be funneled down to the states

1:26:01counties and obviously cities.

1:26:03But it would probably be something that

1:26:05would be administered through the county program

1:26:08through the nonprofit Partners that we have and this is care

1:26:12and I just wanted to add that just today the governor

1:26:15announced some mortgage relief as well for property owners

1:26:19for homeowners securing some support from a lot of from most

1:26:25banks across the state.

1:26:27So there you know this is including things like a 90 day

1:26:29grace period for mortgage payments

1:26:32no negative credit impacts a moratorium on foreclosures.

1:26:37And I haven't gone through the whole thing yet

1:26:39but that was announced just this afternoon before the meeting

1:26:42so there's also some relief at the state

1:26:44level for those with mortgages from their private banks.

1:26:49That was my next question because I

1:26:52missed the first 15 minutes of his statement

1:26:56and then I had to go.

1:26:58So but we're not sure that's for anybody with a mortgage

1:27:03so like it doesn't matter.

1:27:05I mean I guess they haven't really announced the detail

1:27:09as to whether that would apply to second homes

1:27:11that you were renting out or there.

1:27:16There is some details that has been published and I can.

1:27:20And it's linked on our website as

1:27:22well under that covered page.

1:27:24That does provide that provides those details OK because I'm

1:27:33trying just gather enough information

1:27:37I want to make sure that people on both sides are protected.

1:27:41Like Mr. Woodruff said to ensure that we don't have a cascading

1:27:47effectively protect one and then you

1:27:49know they have in foreclosing on the other

1:27:52and then then they'll both be out of work.

1:27:54So thank you.

1:27:56I think that's all of my questions for now

1:28:01Council member Quito Councilman Quito

1:28:30Gabe do you have any questions any questions

1:28:32or comments at this time.

1:28:42All right.

1:28:42Councilman Fidelis mayor Mayor Pro Tem fidelity you hear me.

1:28:59Yes you can.

1:29:02Thank you Mike.

1:29:04My question deals with the payment plan for the residents

1:29:10the renters and how they will pay back

1:29:12over that six month period.

1:29:14Is there any prototype planned I mean

1:29:17is that up to the renters and the landlords

1:29:19so worked that out themselves.

1:29:22Yes.

1:29:23And this is I use a high council member fatality

1:29:25and that city is silent on that.

1:29:30However the guidance is that it's within six months.

1:29:33So yes ideally they will be and communication

1:29:36with each other to discuss the payment plans.

1:29:40And again if there is any financial counseling that

1:29:42needs to happen during that people during that

1:29:45time people have that time window to get that all together

1:29:48and squared away.

1:29:50I'm just I'm just concerned about these delicate times

1:29:53of creating instance where the two groups have

1:29:56to negotiate a payment plan.

1:30:02A lot of the tenants are going to be broke

1:30:05and landlords are going to need money as well.

1:30:08And I was hoping there could be some plan that already exists

1:30:14that allows for flexibility and I'm just not seeing that Yes

1:30:20just as I used to didn't prescribe

1:30:22a payment plan because everyone's

1:30:25situation is different.

1:30:27Every household financial situation is different.

1:30:32So that was why we weren't too prescriptive on that

1:30:35but we did build in that time period to allow.

1:30:40Yeah.

1:30:40I just think it'd be great if there was a minimum payment

1:30:43plan that could happen that someone

1:30:46could go to and say This is what I'd like to subscribe to.

1:30:50I'm very happy to hear that we can come back and deal

1:30:52with the fact if six months isn't enough because I feel

1:30:57a lot of people renters are gonna be broke

1:31:00and just paying over the over the longer period

1:31:03would be more beneficial though.

1:31:06I'm hoping six months will be fair for both.

1:31:10It seems like a good first step to see where we are.

1:31:14But I'm not optimistic that that's going to be enough

1:31:18in the present environment So if someone

1:31:23contacted you about dealing with a payment plan

1:31:26our city we will.

1:31:28We will stay silent on that.

1:31:30Lisa yes we will be silent.

1:31:34However through the Contra Costa housing construction

1:31:38we have a partnership with Echo housing

1:31:40so if there is ever a need for a property owner or a tenant.

1:31:46Have dialogue and they can actually work with a mediator

1:31:50to help them work through those details

1:31:52if they're not able to arrive at a decision together.

1:31:58Yeah that's that's not going to be

1:32:00easy I do want to say I'm I'm very glad about no late fees

1:32:05I'm glad about the efforts of our Chamber of Commerce

1:32:08and the Apartment Association moving forward with this.

1:32:11It really is all of us are in this together kind of concept

1:32:14here was our task force which is supposed

1:32:18to deal with this placement contacted at all on this.

1:32:22We dealt with this issue at all Hi it's you Sam.

1:32:27No.

1:32:28This was a matter that needed to be acted upon

1:32:32very quickly This is a very unique

1:32:35situation that this pandemic.

1:32:37We haven't had anything of this sort.

1:32:40And a lot of our life parent our lifetimes our parents

1:32:43lifetimes.

1:32:45So we sense it is an urgency ordinance

1:32:47and it does sunset after a certain date.

1:32:50No we do not have that opportunity

1:32:53to engage due to obviously a lot of things

1:32:55happening and bringing and getting to you right away.

1:32:59Well just to clarify one more time if the governor expands

1:33:02before this this period ends on r an hour

1:33:07ordinance extends the stay at home policy's

1:33:12we will have to come and extend as well.

1:33:15This won't automatically end itself.

1:33:17Is that correct.

1:33:23Hi this is I. So there is actually

1:33:25language in the ordinance I'm in Section 7.

1:33:29That specifically states whichever state of emergency

1:33:35is later meaning once it occurs right now is set to expire May

1:33:3830 first but it does include some language if that timeline

1:33:42is extended at the state level or local average

1:33:46whichever is later we would adhere to that timeline.

1:33:50This would automatically extend then

1:33:52that payment period that six month payment back period

1:33:55would begin when the second extension

1:33:58and if that is accurate.

1:34:01OK.

1:34:01Thank you.

1:34:05Paul any other questions.

1:34:06I'm done Thank you.

1:34:08Mr. Quito.

1:34:09Welcome back.

1:34:10With your microphone yes.

1:34:13Can you hear me now.

1:34:14Yes.

1:34:15Okay.

1:34:16Thank you.

1:34:16Sorry about that.

1:34:19I just want to make sure that we are in sync with what

1:34:23the governor is doing then that and looking

1:34:28at what they discussed today that they

1:34:33were not going to do anything.

1:34:37That will create the city having to make any kind of loans

1:34:46to people we have no money to spend in not

1:34:51helping tenants over land.

1:34:53And so I want to make sure that staff knows

1:34:57and that the council knows of our situation.

1:35:01I know you do but I want to make sure that our residents know

1:35:06that we are not here the city has no moneys for loans

1:35:12where no money is for loans for renters as well.

1:35:17This is not something that our city can do at this time.

1:35:24Zach correct.

1:35:27Councilman came so it's easy.

1:35:29Unfortunately we don't have any resources to provide

1:35:33that sort of emergency fund.

1:35:35But we are hopeful that many will funnel through

1:35:38to the county and in turn and residents of the city

1:35:41would be able to apply for those as those opportunities

1:35:46come online.

1:35:49OK.

1:35:50Aisha in your presentation you mentioned

1:35:56ways that tenants and landlords will be able to get loans.

1:36:03So I want to make sure that this is not through the city.

1:36:07So what on the proclamation.

1:36:10It should not say that.

1:36:12That also you know the city of El Cerrito

1:36:14would not give any loans period.

1:36:18We know we don't have the means to do that.

1:36:21But on the county level hopefully

1:36:24the county or the state will oh yes we're

1:36:29hopeful that they can provide you know our our residents some

1:36:34some financial assistance to keep their housing stable

1:36:39and to keep their businesses open so we will continue

1:36:43and we will continue to plug them

1:36:45with the available resources as they become available

1:36:48and we're working really hard to keep that up today

1:36:52on a consistent basis okay.

1:36:55I spoke to many of our small businesses here in El Serino

1:37:02and they didn't have anywhere to to turn to.

1:37:07So why very much appreciate.

1:37:09And also the Chamber for letting their members

1:37:13know and small businesses know about the small loans.

1:37:18Can you speak on that.

1:37:22This is available for a mom and pop

1:37:25landlords is that correct Hi.

1:37:28Yes this is I. So that is correct.

1:37:30And the small business loans are available and there are.

1:37:34And through the county Small Business Development

1:37:36center there are counselors that are

1:37:39able to help small businesses assemble application and make

1:37:43these sorts of requests.

1:37:44And yes staff is continuously partnering with that all Sarita

1:37:48Chamber of Commerce to of course be a resource

1:37:52and to of course just constantly stay in touch.

1:37:55And provide the appropriate resources

1:37:59that they can apply for it which would include mom and pop

1:38:03business and so I very much appreciate the big box

1:38:08stores and the fast food chains who are

1:38:10able to help their employees.

1:38:16My concern my mom and pops you know

1:38:20who are in the same situation as our renters

1:38:26to who are renting here and also Rita and I

1:38:30want to make sure that that all are knowledgeable about what

1:38:36is available for them and and presented definitely

1:38:41I'll fill out an application.

1:38:45Regarding the small business loan

1:38:47and so that's one thing that our chamber main members will

1:38:54concerned about they had to lay off many of their workers

1:38:59many of their service in our small restaurants

1:39:03and I want to make sure that all of our restaurant owners

1:39:07know that this is available so I appreciate you getting

1:39:12the word out and and working with the chamber

1:39:15in our small businesses.

1:39:17I also want to make sure about our banks

1:39:24so our banks have only made a grace period of 90 days

1:39:29is that correct.

1:39:33Yes.

1:39:35And generally during 90 days a property owner

1:39:39is required to get a get a hold of you

1:39:41know their mortgage lender and let them know that they're

1:39:44having financial difficulties it's gonna be a lot like what

1:39:47happened in the mortgage meltdown

1:39:49where we're really going to be in people to take

1:39:53that initiative and to meet with a professional

1:39:56on have those hard conversations because if we don't talk

1:40:00to their bank and they don't let them

1:40:01know what's going on of course proceedings will happen.

1:40:05And generally a homeowner has to be 60 to 90 days late

1:40:10before they even start with the notice thing process

1:40:12and going through that.

1:40:13So really our focus is going to be to make sure that we're

1:40:17educating members of the public about the resources

1:40:21so that they can have these really important conversations

1:40:25That's hard to have in that none of us

1:40:26probably imagined a couple of weeks ago

1:40:28that we'd be having Exactly.

1:40:31So you know my concerns are I did get a couple of calls

1:40:38from our small landlords who are saying banks are not helping

1:40:41them and I am very concerned about the domino fact

1:40:47when renters are not able to make payment.

1:40:53This will be a trouble for our small landlords as well.

1:40:58And there goes the domino back.

1:41:00So I want to make sure that you know

1:41:04many of our small landlords are mom and pops

1:41:07and they're immigrants as well.

1:41:09And they still have to make that mortgage payment.

1:41:11So definitely promote and making sure

1:41:16there is a grace period of 90 days.

1:41:19So they know that.

1:41:21So they're not panicking and they know

1:41:23that the 90 day effect.

1:41:26And the banks are working with them on that.

1:41:30I think we'll be piece of mind for many small landlords

1:41:35and that will be good.

1:41:38So we are working with both sides.

1:41:42While 40 percent of our residents

1:41:44who rent and many of our small landlords who are very

1:41:51concerned they they are credit rating

1:41:54will go down with this six month effect.

1:41:58So I want to make sure if you can't look into reaching out

1:42:03to the governor's office to make sure that banks are not

1:42:07lowering credit ratings that that I know three months

1:42:14but we are asking for six months.

1:42:18And that will cause a domino effect

1:42:20right there with our landlord.

1:42:22So I want to make sure that we are fair and both sides

1:42:26and that our small landlords and many of them

1:42:29are immigrants will be able to make arrangements as well.

1:42:35Oh yes absolutely.

1:42:37Council members can tell.

1:42:39It is important that the multi-family property owners

1:42:42understand as well and obviously this

1:42:45has worldwide and national attention.

1:42:47So a lot of these like best practices

1:42:51and things one more of a one off it's

1:42:55sadly going to be something that notches regionally in the Bay

1:42:58Area that we have to think of.

1:43:00But nationally so I'm hoping that our extra veto chamber

1:43:07or the chambers here in West Contra Costa

1:43:10will work with our small business mom

1:43:12and pops to make sure that they educated

1:43:17about the different options that are available

1:43:20and that when it comes to not having enough funds to pay

1:43:26their mortgage debt because of this six month delay

1:43:31that their credit rating will not be affected.

1:43:38And yes we will continue to keep the word out.

1:43:42And of course just always always always

1:43:45connecting the most appropriate resources

1:43:48on according to each situation.

1:43:52Thank you very much and thank you for all your work.

1:43:57Thank you.

1:43:58I wanted to mention that here in Contra Costa

1:44:02I'm very proud of the city freedom

1:44:05to be wanted the first cities in Contra Costa to deal with this.

1:44:09So again I want to give thanks to of my colleagues

1:44:14to staff and to city attorney Skye Woodruff.

1:44:19Thank you for being out of the forefront

1:44:23and in working with the state of California

1:44:27to make sure that we deal with both renters and both

1:44:31our small mom and pop landlords in these difficult times.

1:44:35So again thank you.

1:44:37Thank you Mayor Thank you.

1:44:41Asia I do help make these are first guy

1:44:43but I do have a couple of questions I do want to.

1:44:47The I'm working off of the California Apartment

1:44:49Association letter I do feel that some

1:44:51of those points that they make are actually in line

1:44:56with the customer comments.

1:44:58The last three bullets they have basically requests

1:45:01request I'll read them really quickly.

1:45:03The city of Al Qaeda sent a strong message

1:45:05to utility providers financial institutions

1:45:07and state legislation that they give ample latitude

1:45:10to housing fighters.

1:45:11We have residents unable to pay rent because of the emergency.

1:45:15Send a letter to financial institutions

1:45:16of newly adopted eviction moratorium

1:45:18to help avoid rental.

1:45:20How was it.

1:45:21Housing providers to avoid bad credit late fees penalties

1:45:25and support efforts to delay property tax

1:45:27payment and offered mortgage relief

1:45:29so rental housing owners can use the funds to offset

1:45:31the loss of rental payments.

1:45:33So the letter does touch on many of the things

1:45:37that councilmen are keen to adjust within their maybe

1:45:41as we move we can incorporate into our motion authorizing

1:45:47the mayor to send a letter out.

1:45:49That's addressing some of the issues

1:45:51that customer don't just brought up.

1:45:54However there are specific comments that they have

1:45:58that I want to ask questions about the definition

1:46:00of substantial decrease in household income

1:46:03is is not numerically defined.

1:46:08Is there a sense that that's what we want to leave it that

1:46:12way or do we want to define it in some fashion This is style

1:46:21of address I'll just give you the benefit of of my thinking

1:46:26and what I've heard from other government attorneys about this

1:46:32is that we did not want to try to provide a definition

1:46:40because we other than what's in there which I believe does

1:46:45provide guidelines for what is qualify and not qualifying

1:46:50generally as a loss of income that that is related to novel

1:46:56coronavirus and covered night Kogut 19 issues If this is

1:47:02if this actually goes to the point of a eviction

1:47:05it's going to be in front of

1:47:08a judge in an unlawful detainer action context and we

1:47:13felt that the judge would be in the best position

1:47:18to weigh the equities and conclude whether or not

1:47:22the tenant had adequately demonstrated that the inability

1:47:26to pay rent was qualifying under the are outlined in ordinance

1:47:32and trying more specific than that would

1:47:36interfere with that process.

1:47:38Excellent thank you.

1:47:40As long as you're discussing about this the

1:47:43I think the enforcement what is the method of enforcement

1:47:45to certainly was comes Kito as pointed out.

1:47:49We don't necessarily have the resources for enforcement

1:47:51so and actually end it there is a direct link

1:47:55to the previous answer.

1:47:59Again the way that this is going to play out without going

1:48:02into all the details is that ultimately if a landlord

1:48:07presses the issue then it's going

1:48:11to be through an unlawful detainer

1:48:13action which means that it will be in front of a judge.

1:48:16And so it will be up to the tenant to defend

1:48:20themselves in that action.

1:48:22I think that the counsel is probably

1:48:23familiar with this situation from of the discussions

1:48:28that we had about the various tenant protection ordinances

1:48:31I'm not sure that anyone believes that this is

1:48:33the ideal way to resolve these issues

1:48:36but ultimately the way that state law works related

1:48:40to termination tenancies the ultimate backstop is

1:48:45a hearing in front of a judge in the context

1:48:47of an unlawful detainer action.

1:48:49And so we crafted this ordinance to reflect that ultimately

1:48:53the tenant would have an opportunity to present

1:48:55their evidence the landlord would have the same opportunity

1:48:58the judge would weigh the equities

1:49:00and reach a decision There's no role for the city

1:49:03in enforcement so there will not be city resources expended

1:49:07to enforce the ordinance.

1:49:10We will I believe be attempting to provide information

1:49:15to both tenants and landlords about the nature

1:49:18of the moratorium.

1:49:19And as you so said trying to provide information that comes

1:49:22down through the county about financial resources available

1:49:26and making eco housing available to help resolve disputes.

1:49:30But ultimately this is going to be

1:49:32worked out between tenants and landlords

1:49:35in a judicial context.

1:49:37If it gets pressed that far right.

1:49:39Thank you.

1:49:39The first sentence of section 3 reads the city encourages

1:49:43tenants to inform landlords in writing of their inability

1:49:47to pay rent full rent as soon as practicable after they become

1:49:51aware of a substantial decrease in household income or business

1:49:55income or out-of-pocket medical expenses

1:49:58that would prevent them from paying

1:49:59for rent in the request the California Apartment be

1:50:07higher to rent being due.

1:50:10Is there any reason we didn't provide

1:50:13a a more definitive timeline as to when

1:50:16this notice to the landlord is is done You did think

1:50:23about that but in our consideration of it

1:50:28again I'll just give you the benefit of our thing.

1:50:31Again we're already at March 25th.

1:50:34Many tenancies are have payment have to the first of the month

1:50:42with some number of date We need to see it

1:50:47and I know that's not universal.

1:50:53But I'm just generally rising ISIS back that a lot of people

1:51:00do not actually know right now what their

1:51:03whether or not they're going to be able to make the April rent.

1:51:11And even if they can pay April rent they may not

1:51:13know whether or not they can pay may rent until they're actually

1:51:17until that the time to pay to actually come in and asked

1:51:22And so the way that we thought it would be best to to set this

1:51:27up is to encourage tenants to inform landlords

1:51:31as soon as possible but to give them 30 days after rent

1:51:37is due to actually inform the that the landlord of this

1:51:42definitively this is actually one aspect of urgency measures

1:51:48that has had some variation in it.

1:51:51And I will tip so I will tell you since there isn't

1:51:53a letter in front of you from a tenant an organization

1:51:57representing tenants that they have actually pushed back

1:51:59against the fort so I feel like we've we

1:52:01have taken an approach to by being clear that we think

1:52:05that tenants should they know.

1:52:07But to give them up to 30 days after rent

1:52:09is due to to provide a definitive determination

1:52:11about this.

1:52:12Great.

1:52:13Thank you.

1:52:14That concludes my questions.

1:52:16Mr. Kito you look like you have your hand up.

1:52:21Yes they are.

1:52:22Thank you.

1:52:23You did discuss some of the things

1:52:25that I wanted to ask about and that

1:52:29is to request from The Apartment Association

1:52:36and so again I want to make sure that that our tenants here have

1:52:43a good relationship with their landlords

1:52:46and work this out together because you were all

1:52:50in the same boat on this and that is number one

1:52:54require tenants share and else to read

1:52:58out to notify landlords in advance if they can't pay rent.

1:53:03And this is not to.

1:53:04Just wondering again having the landlords

1:53:07wonder where's the rent where's the rent.

1:53:10They should let them know in writing Number two I wanted

1:53:14to make sure that this requires document creation a proof

1:53:18of loss of income and no doubt will be good to make sure

1:53:25that if this ever comes before a judge

1:53:30that tenants are protected but also that the landlords are

1:53:35protected.

1:53:35So proof of loss of income and whether it's reduced you know

1:53:42within 14 days or versus 30 days so sky I've

1:53:49wanted to get your definition of what is

1:53:53a substantial increase income.

1:53:58If someone has a deep decrease in income about 20 or 25

1:54:02percent or 70 percent do you see that alibi for so I as I as I

1:54:13said to airline in I'll just give you again the the benefit

1:54:17of my thinking about it and this was this came out

1:54:20of conversations amongst my colleagues is that we

1:54:25didn't want to provide a numeric call definition or anything

1:54:32that was extremely precise because to us ultimately this

1:54:40is going to be an individual circumstances situation

1:54:45and what is substantial is going to require an evaluation

1:54:53of the entirety of the context which is which is something

1:54:58that judges are very good about doing and that

1:55:00individuals can also attempt

1:55:02to work out between themselves.

1:55:03So we felt that if we explained the types of of things that we

1:55:09anticipate causing people to have

1:55:12a loss of either personal income or business income

1:55:17and we try to serve and try to try to service situation which

1:55:25tenants can provide documentation

1:55:28to their landlords to explain that this is making it

1:55:32impossible for them to pay all or or or some

1:55:37of the Rand that that that would be sufficient to provide

1:55:43a service for Kong versus you know and look sky just

1:55:59to let you know where you're at hear your audio

1:56:01is breaking up for you.

1:56:09Small yeah yeah yeah Yeah we're gonna on because you're you are

1:56:17to the point where we cannot hear you at all So I think you

1:56:21may or may response it's similar the one you

1:56:24gave a few minutes ago and the.

1:56:26OK.

1:56:27Adam gets pushed to the court Mr. Fidell

1:56:40if you could meet one of your devices great great Admiral

1:56:47parameter that we're provided.

1:56:51Look at the entirety of the Evan OK OK at this time

1:57:06we have two more public comments that if it's

1:57:09the pleasure of the counsel I wouldn't mind having

1:57:12those read into the record.

1:57:15I am going to go through and mute everyone again just

1:57:21to ensure that we're not having any feedback I do apologize

1:57:25for the technical difficulty.

1:57:27Hopefully it will be OK now.

1:57:29We did receive two additional public comments so as the

1:57:33mentioned I'm going to take the time now to read those

1:57:35into the record first one up here on the screen

1:57:44and start our public time just as submitted from Carol Lyle

1:57:49dear city council please vote yes to pass a moratorium

1:57:53on rental evictions.

1:57:54I am self-employed and have a perfect record of paying rent.

1:57:58My business is producing events and travel

1:58:00in San Francisco My business has been shut down by government

1:58:04order in San Francisco by the mayor

1:58:07My family built their home in Alice Rito in the 1950s

1:58:11and passed away in 2007 because of the 2008 recession

1:58:15I became a renter and was just getting myself into a position

1:58:19where I can buy a home in two years with contracts

1:58:22that I had signed in sports events and wholesale travel

1:58:25to Tanzania.

1:58:27I have asthma and I am third I am sixty one years old so I

1:58:31am at risk for Kovac 19.

1:58:33I do not know yet if I have it because it has only been eight

1:58:37days since I have been at home.

1:58:39I have been self isolating in my home on Walnut Street

1:58:41in Eldorado for eight days now and I will not have the cash

1:58:46to pay my rent on April 1st.

1:58:48All my events that would have paid my rent for many

1:58:50months to come were cancelled.

1:58:53It will take until the end of April for loans

1:58:55to be offered to businesses and I

1:58:57am having to redesign the way my business

1:58:59works which will take a while.

1:59:01This moratorium on rental evictions

1:59:04is essential to preserve the small business owners and those

1:59:07who have been furloughed.

1:59:08It is also essential to protect the public health.

1:59:11Please vote yes on this and we have one additional comment

1:59:23submitted via a voice smell which

1:59:27I will play the audio for now.

1:59:36Oh the public comments agenda item a March 27 20 20 city

1:59:44council city and this is regarding

1:59:47the word urgency ordinance in the previous moratorium.

1:59:51And I am very much in favor of this ordinance

1:59:54in for many reasons one of which is

1:59:57that I do not to do apologize.

2:00:20It looks like that is giving us some challenges or the audio

2:00:24and I can do my best the Google Transcription

2:00:28for the voicemail error with just one moment pull it up.

2:00:46OK.

2:00:46So public comments.

2:00:48This is public comment comment on agenda item number

2:00:50three for today March 25th.

2:00:53Else radio city council meeting.

2:00:55This is regarding the urgency ordinance enacting

2:00:58a temporary eviction moratorium and I am very much in favor

2:01:02of this ordinance for many reasons one of which

2:01:05is that I am French that I a renter moved and I provide

2:01:10essential services and basically what's happening

2:01:13is the businesses that provide my income have all been shut

2:01:16down I do apologize it does look like This is actually

2:01:23a repeat of the public comments that

2:01:25were also submitted via email.

2:01:27So I'm going to go ahead and conclude this

2:01:30because it is the same comments that we

2:01:32did just read into the record.

2:01:34So mayor at this time there are no additional comments

2:01:37and we can go back to any questions or comments

2:01:40by council members Great.

2:01:42Thank you.

2:01:44At this time I would go up open the floor up

2:01:48for any additional comments or emotion

2:01:53and I would suspect we need to read the title of the motion

2:01:57in its entirety which I can do at this time

2:02:01an urgency ordinance of the city of Eldorado enacting

2:02:04a temporary moratorium on evictions

2:02:06due to non-payment of rent for residential and commercial

2:02:10tenants where the failure to pay rent results from income loss

2:02:15resulting from the novel run a virus coded nineteen

2:02:19any comments at this time.

2:02:22Yes I I had my hand up I guess you didn't see it.

2:02:26I have a couple of things one.

2:02:31It's I was wondering about the comments made about proof

2:02:36providing proof of income.

2:02:40That the Apartment Association had requested a I

2:02:44I completely agree with them in their

2:02:47in their desire to having advance notice

2:02:51and I think that tenants should definitely be providing

2:02:56advanced notice if at all possible

2:02:58but I was wondering if something like that

2:03:01were to transpire if they were to be required

2:03:04to have proof if it would somehow

2:03:07and they can obtain that proof.

2:03:09I know everything is kind of topsy turvy right now.

2:03:13Not being able to get letters or emails answered

2:03:16is a likely scenario.

2:03:20I was wondering if they were unable to provide such proof.

2:03:23Would that make the ordinance like for them

2:03:27would they not be protected if they were unable to come up

2:03:30with such proof I don't know if Sky is

2:03:37available or able to talk to us it does look like unfortunately

2:03:43sky dropped off on the call.

2:03:47Okay so it it is paragraph three Which looks like it's on my I

2:03:54don't know what page because of the ordinance

2:03:56fourth page of the ordinance.

2:03:5918 and the agenda packet.

2:04:01Page 13 of the agenda packet it It does

2:04:04say that I don't like the wording of the sentence

2:04:08but it took me five reads to finally figure out

2:04:11how it understands a landlord that

2:04:14knows of a tenants inability to pay rent within the meaning

2:04:17of this ordinance.

2:04:20If the tenant within 30 days after the date that rent is due

2:04:25notifies the landlord in writing of the tenants inability

2:04:27to pay the full rent because a substantial decrease

2:04:30in household or business income and in medical expenses

2:04:35or by any local federal government response to covet

2:04:38or provides documents to support the claims

2:04:41they are required to provide documents.

2:04:44It could be any medical or financial information

2:04:47provided to the landlord and that

2:04:49should be held confidential.

2:04:52And so there is or there is some discussion

2:04:54of documentation required.

2:04:58It doesn't.

2:04:59Again it's probably for the same reasons

2:05:01because this is going to a court and the judge will

2:05:04be the ultimate determination of whether the documentation was

2:05:08adequate or not.

2:05:10This I think intentionally vague so if there is requirement

2:05:14the documentation requirement.

2:05:17But it but it's not it's not necessarily roof.

2:05:22Certainly if somebody wants to prevail in court

2:05:24they better have the level of documentation

2:05:27that council member Quito is talking about to be

2:05:30able to provide to a court.

2:05:33A satisfactory item the the for the requirement

2:05:39for as soon as possible as soon as practicable does to me.

2:05:46You mean it.

2:05:48Me there was this constant as skyward didn't say.

2:05:54In some cases your rent's not delinquent until 10 days

2:05:58after its due.

2:05:59And so they're to say that it should

2:06:02be before your rent is due.

2:06:05May may not be possible for some people in some cases

2:06:10so for that reason I'm I was.

2:06:14Not necessarily adding the language that the department

2:06:18association was looking for.

2:06:20I don't know if I Russian but it does.

2:06:23I just wanted to.

2:06:24I just felt like because of what this guy had already said

2:06:30Mr. Woodruff had already said I just wanted to clarify that I

2:06:34didn't think that was feasible thing for many people

2:06:37to do on such a tight timeline.

2:06:42The the language as written I think

2:06:45is reasonable In addition to that I am interested in making

2:06:54an amendment on Section 3 F I do believe that six months may not

2:07:00be a long period of time for people to do repayment

2:07:04and being conscious of the fact that we also have

2:07:09to think about our landlords.

2:07:11I know many people have suggested extending it

2:07:14to twelve twelve months but I think

2:07:19maybe a reasonable compromise would be nine months

2:07:23So my amendment would be to change the E I'm repayment

2:07:28period for tenants from six months to nine

2:07:31months for both commercial and residential renters

2:07:40OK Any other comments.

2:07:46I do see a hand for council member fidelity member

2:07:51fidelity.

2:07:52If that was a motion by council member apart to Okamoto

2:07:59to amend I actually would love to do

2:08:01is make sure that we have a straw

2:08:04vote on the nine month amendment before we

2:08:07go through the full motion process.

2:08:10We do have to have four fifths so if if two council members

2:08:15are not supportive of that nine month amendment

2:08:18we would need to have two.

2:08:20We would have to go through the motions process twice

2:08:23and since it's a roll call vote it would add time.

2:08:27So just curious if if there are by straw vote or indication who

2:08:33is supportive of the amendment to increase from six months

2:08:37to nine months I would be supportive of nine months

2:08:39not 12 months can it same Gabe Hello.

2:09:02Thank you Chad.

2:09:02Here you Go ahead.

2:09:04Okay um I want to make sure that this is insane with what

2:09:10the governor does.

2:09:11So when this in my opinion is premature and not reasonable

2:09:19until we find out what the governor is going

2:09:23to do if we decide to do this the head of what

2:09:27the governor decides to do.

2:09:30No that's not good.

2:09:31So I want to make sure that we look at this more in a bank

2:09:38not may not be able to approve.

2:09:43So this is something that we need to look I'm wondering

2:09:47if Aisha staff has looked at what what was sent

2:09:53to her by the apartment Association

2:09:56and what her who gave that question on the table

2:10:00is do you support a modification of Paragraph 3

2:10:05to go from six months to nine.

2:10:06Not at this time.

2:10:08Not at this time no right.

2:10:11And I don't either.

2:10:12We have the flexibility to increase it at a later date.

2:10:15And at this point I believe that six months is in line with what

2:10:20the governor's action is.

2:10:22So I would not be in supportive of that amendment.

2:10:31Okay I have no further comment.

2:10:36Right.

2:10:38Is there a motion to take the matter as written

2:10:42and published some of moto.

2:10:48Great thank you.

2:10:49And I did read out the title for purposes of documentation of we

2:10:54have a motion by Rochelle Pardue Okamoto second seconded

2:10:58by Paul FDLE Can we please have a roll call vote at this time.

2:11:03Your line Yes ma'am.

2:11:07For 10 FDLE.

2:11:08Yes.

2:11:09Council member Ableton yes and some member

2:11:13of our locomotive yes council member Quito.

2:11:17Yes.

2:11:18Motion carries.

2:11:19Right.

2:11:20Thank you.

2:11:23At this time we will move to closed session.

2:11:27Conference with labor negotiator.

2:11:30Negotiators at a public livestream for this meeting

2:11:33will now conclude at 7 o'clock and

2:11:38the City Council will convene to close

2:11:40section Can we just stay on.

2:11:45Yes OK.

2:11:47Thank you.

2:11:48Yes please just give us a few moments

2:11:50to confirm everything has been stopped

2:11:52and the meeting is happily locked down before we obsession