HomeMy WebLinkAboutCC RESO 2020-162RESOLUTION NO. 2020 — 162
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING THE URGENCY ORDINANCE ENTITLED "URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF NATIONAL CITY (1) ENACTING A
TEMPORARY MORATORIUM ON EVICTIONS WITHIN THE CITY OF NATIONAL
CITY DUE TO NONPAYMENT OF RENT FOR RESIDENTIAL AND COMMERCIAL
TENANTS ARISING OUT OF A SUBSTANTIAL DECREASE IN INCOME OR
SUBSTANTIAL OUT-OF-POCKET MEDICAL EXPENSES RESULTING FROM THE
NOVEL CORONAVIRUS (COVID-19), GOVERNMENTAL RESPONSE TO COVID-19,
OR OTHER FINANCIAL REASON RELATED TO COVID-19 PURSUANT TO
CALIFORNIA GOVERNOR EXECUTIVE ORDER N-28-20 AND N-37-20; AND (2)
SUSPENDING FORECLOSURE REMEDIES THAT COULD LEAD TO EVICTION
UNDER SIMILAR CIRCUMSTANCES PURSUANT TO CALIFORNIA GOVERNOR
EXECUTIVE ORDER N-28-20" TO EXTEND THE TIME FOR REPAYMENT OF
UNPAID RENT TO DECEMBER 31, 2020 FROM SEPTEMBER 17, 2020
WHEREAS, on March 16, 2020, Governor Gavin Newsom issued Executive Order
N-28-20 suspending any provision of state law that would preempt or otherwise restrict a
local government's exercise of its police power to impose substantive limitations on
residential and commercial evictions when the basis for eviction is nonpayment of rent
arising out of a documented substantial decrease in household or business income or
substantial out-of-pocket medical expenses caused by COVID-19 or by any local, state,
or federal government response to COVID-19; and
WHEREAS, on March 17, the City Council executed a Resolution ratifying the
Declaration of the Existence of the Local Emergency that was proclaimed on March 12,
2020 in the City as a result of COVID-19; and
WHEREAS, on April 7, 2020, the City Council of National City ("City Council");
adopted Urgency Ordinance No. 2020 — 2479 ("Ordinance") enacting a temporary
moratorium on evictions for nonpayment of rent by residential and commercial tenants in
the City of National City ("City") who are impacted by the novel coronavirus, COVID-19,
as described in the Ordinance; and
WHEREAS, according to Section 1(f), the City Council may extend the Ordinance
by resolution, if conditions at the time warrant an extension; and
WHEREAS, the Ordinance enacts a temporary moratorium on residential and
commercial evictions for non -payments of rent if the tenant notifies the landlord of the
tenement's inability to pay rent due to financial impacts related to COVID-19; and
WHEREAS, tenants who were afforded eviction protections under the Ordinance
have six months from its effective date to pay their landlords all unpaid rent which occurs
on September 17, 2020; and
Resolution No. 2020 — 162
Page Two
WHEREAS, the Ordinance is intended to promote economic stability and fairness
within the City's rental market during the COVID-19 pandemic, to prevent avoidable
homelessness, to preserve the public peace, health, safety, and public welfare, and to
enable tenants in the City whose income and ability to work is affected by COVID-19 to
continue to remain in their residences and to comply with state and local public health
orders; and
WHEREAS, on May 29, 2020, by Executive Order N-66-20, Governor Newsom
extended the effective date of Executive Order N-28-20 for another 60 days; and
WHEREAS, the City Council extended the Ordinance to remain in effect through
September 30, 2020, by adopting Resolution No. 2020-123 (June 16, 2020) and
Resolution No. 2020-144 (August 4, 2020); and
WHEREAS, currently there are approximately more than 33,038 confirmed cases
of COVID-19 within San Diego County, more than 574,000 in California, and at least
10,464 COVID-19-related deaths in California, and these statistics have been increasing
daily since the adoption of the Ordinance; and
WHEREAS, COVID-19 is causing, and is expected to continue to cause, serious
negative impacts on the local economy and serious financial impacts to local residents
and businesses, including substantial loss of income due to the loss of compensable work
hours or wages, layoffs, and business closures; and
WHEREAS, the City Council finds that extending the amount of time for tenants to
repay rent could provide residential and commercial tenants the opportunity for some
financial recovery from the impacts of COVID-19 and alleviate some of the economic and
financial impacts caused by the COVID-19 pandemic and related governmental
responses; and
WHEREAS, the City Council finds that adopting this Resolution is necessary and
appropriate to address the threats to the public health, safety, and welfare of its citizens
related to the significant economic impacts of the COVID-19 pandemic, and to protect
residents and businesses from being evicted due to nonpayment of rent; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National
City hereby amends the Urgency Ordinance 2020-2479, adopted April 7, 2020, to extend
the time for repayment of unpaid rent to December 31, 2020 from September 17, 2020
and said Ordinance is amended as follows:
Resolution No. 2020 - 162
Page Three
1. Section 1(f): The phrase "Tenants who were afforded eviction protection under
this this Ordinance shall have up to six months from the date this Ordinance is
effective or the withdrawal of Governor Newsom's Executive Order N-28-20,
which occurs soonest, to pay their landlords unpaid rent ("Tenant Repayment
Period") is deleted and is replaced with "Tenants who were afforded eviction
protection under this Ordinance shall have until December 31, 2020 to pay their
landlords unpaid rent ("Tenant Repayment Period").
Except as provided in Section 1(f), and the amendment previously made on August 4,
2020 by Resolution 2020-144, each and every term and provision of the Ordinance dated
April 7, 2020 shall remain in full force and effect.
PASSED and ADOPTED this 18th day of August, 2020
ATTEST:
Alejandra o elo-Solis, Mayor
fi!or/a)
Mich el R. Dalla, ity Clerk
APPROVED AS Ti, ORM:
is-Jone , City Attorne
Passed and adopted by the Council of the City of National City, California, on August
18, 2020 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City Clerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2020-162 of the City of National City, California, passed and
adopted by the Council of said City on August 18, 2020.
City Clerk of the City of National City, California
By:
Deputy