HomeMy WebLinkAbout2020-06-03 e-packet@5:00Wednesday, June 3, 2020
5:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
TELECONFERENCE MEETING
Special City Council
Special Meeting Agenda
June 3, 2020Special City Council Special Meeting Agenda
TELECONFERENCE MEETING NOTICE
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION
OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE
ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS
THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY
BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL
GOVERNMENTAL FUNCTION.
The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff
and the public while allowing for public participation.
Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential
City staff will participate via Teleconference. Members of the public may submit their comments on any agenda
item or public comment via email or City Council hotline.
PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES
SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY
TELECONFERENCE.
MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY:
Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council
Local cable channel: Astound, Channel 26 or Comcast, Channel 27
Page 2 City of South San Francisco Printed on 11/16/2020
June 3, 2020Special City Council Special Meeting Agenda
Call to Order.
Roll Call.
Agenda Review.
Remote Public Comments - comments are limited to items on the Special Meeting Agenda.
Members of the public wishing to participate are encouraged to submit public comments in writing in
advance of the meeting by 4:00 p.m. on Wednesday, June 3rd. Public comments must identify the
Agenda Item Number in the SUBJECT Line of the email. The comments will be read into the record,
with a maximum allowance of 3 minutes per individual comment, subject to the Mayor's discretion.
All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of
speaking time. If a comment is received after the agenda item is heard but before the close of the
meeting, the comment will still be included as a part of the record of the meeting and read into the
record. Comments that are not in compliance with the City Council's rules of decorum may be
summarized for the record rather than read verbatim. The email and phone line below will be
monitored during the meeting.
Your entire electronic comment will become part of the record and will be available for public inspection.
Email: [email protected]
Members of the public wishing to participate are encouraged to submit public comments in writing in advance of
the meeting by 4:00 p.m. on Wednesday, June 3rd. Public comments must identify the Agenda Item Number
in the SUBJECT Line of the email. The comments will be read into the record, with a maximum allowance of 3
minutes per individual comment, subject to the Mayor's discretion. If a comment is received after the agenda
item is heard but before the close of the meeting, the comment will still be included as a part of the record of the
meeting and read into the record.
City Council Hotline: (650) 829-4670
Voice Messages will be monitored during the meeting and read into the record. We ask that you limit your
voicemail to comply with the 3 minute time limitation for public comment.
Page 3 City of South San Francisco Printed on 11/16/2020
June 3, 2020Special City Council Special Meeting Agenda
LEGISLATIVE BUSINESS
Report regarding an urgency ordinance of the City of South San Francisco further
enacting a temporary moratorium on small business and nonprofit entity evictions due
to nonpayment of rent where the failure to pay rent results from income loss resulting
from the Novel Coronavirus (COVID-19) (Sky Woodruff, City Attorney)
1.
Urgency ordinance of the City of South San Francisco further enacting a temporary
moratorium on small business and nonprofit entity evictions due to nonpayment of
rent where the failure to pay rent results from income loss resulting from the Novel
Coronavirus (COVID-19)
1a.
Adjournment.
Page 4 City of South San Francisco Printed on 11/16/2020
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:20-389 Agenda Date:6/3/2020
Version:1 Item #:1.
Report regarding an urgency ordinance of the City of South San Francisco further enacting a temporary
moratorium on small business and nonprofit entity evictions due to nonpayment of rent where the failure to pay
rent results from income loss resulting from the Novel Coronavirus (COVID-19) (Sky Woodruff, City Attorney)
RECOMMENDATION
It is recommended City Council waive reading,introduce by title,and adopt an urgency ordinance of the
City of South San Francisco further enacting a temporary moratorium on small business and nonprofit
entity evictions due to nonpayment of rent where the failure to pay rent results from income loss
resulting from the Novel Coronavirus (COVID-19).Approval of an urgency ordinance requires a four-
fifths vote.
BACKGROUND
In March 2020, Governor Gavin Newsom issued Executive Order N-28-20 that suspended all state law
provisions that would prevent local governments from limiting residential or commercial evictions related to
the Novel Coronavirus (COVID-19), and suspended state law provisions providing for foreclosure, unlawful
detainer, and those that would allow landlords to evict or otherwise eject a residential or commercial tenant or
occupant of residential real property after foreclosure. Subsequently, the County of San Mateo (“County”)
adopted an Emergency Regulation establishing a temporary, countywide moratorium on evictions for non-
payment of rent by residential tenants directly impacted by the COVID-19 pandemic. Similarly, the San Mateo
Superior Court also suspended the entry of default in any pending unlawful detainer action during the period of
May 14, 2020 through June 12, 2020.
On April 8, 2020, the City Council adopted Urgency Ordinance No. 1598-2020 enacting a temporary eviction
moratorium on small businesses and nonprofit entities due to nonpayment of rent, where the failure to pay rent
results from income loss resulting from COVID-19. The Urgency Ordinance and its accompanying staff report
dated April 8, 2020 are attached for ease of reference to this staff report.
Most recently on May 29, 2020, the Governor extended the aforementioned suspensions and protections
afforded by Order N-28-20 to remain in effect until July 28, 2020. The County also extended its Emergency
Regulation on May 26, 2020, which extended the existing residential eviction moratorium to June 30, 2020.
DISCUSSION
The temporary eviction moratorium enacted by Urgency Ordinance No.1598-2020 was set to expire,and has
expired,on May 31,2020.At this time,the economic impact resulting from COVID-19 and various state and
local Shelter-In-Place orders continues to affect all commercial sectors of the City simultaneously.Both
non-essential businesses,which have seen the most dramatic impact causing all operations to cease,and
essential businesses continue to be dramatically affected.For instance,the City’s hotel industry,conference and
meeting spaces,and business-to-business sales that support large gatherings continue to be adversely impacted.
Therefore,it is essential to continue the protections against small business and nonprofit entity evictions that
were put in place under Urgency Ordinance No.1598-2020.The consequences of such evictions will jeopardize
public health,safety and welfare and worsen the ongoing severe economic impacts of COVID-19 to the City’sCity of South San Francisco Printed on 6/2/2020Page 1 of 2
powered by Legistar™
File #:20-389 Agenda Date:6/3/2020
Version:1 Item #:1.
public health,safety and welfare and worsen the ongoing severe economic impacts of COVID-19 to the City’s
commercial sector.
For these reasons,it is recommended that City Council adopt an urgency ordinance to further enact the same
temporary moratorium on evictions for nonpayment of rent by small business and nonprofit entities impacted
by COVID-19.This proposed Urgency Ordinance will provide the same protections to small businesses and
nonprofits impacted by COVID-19 as the April 8,2020 Urgency Ordinance No.1598-2020.For example,if
small businesses or nonprofit entities are able to demonstrate their inability to pay rent due to COVID-19
circumstances,they would be protected against evictions by reasons of failure to pay rent.Similarly,this
proposed urgency ordinance would still require the small business or nonprofit entity repay any back due rent
no later than six (6)months following the expiration of the ordinance.Additionally,the small business or
nonprofit entity could still use this proposed ordinance as an affirmative defense in an unlawful detainer action.
This proposed urgency ordinance,upon its adoption,would expire on June 30,2020 with the County of San
Mateo’s Emergency Regulation imposing a residential eviction moratorium.If the County further extend that
Emergency Regulation beyond June 30,2020,this urgency ordinance would be automatically extended to that
same future date.The Council also has the ability to further extend or shorten the expiration of this proposed
urgency ordinance and its temporary moratorium.
FISCAL IMPACT
As presented at the April 8,2020 Council meeting,approval of the staff recommendations will have no direct
fiscal impact on the City's General Fund.
ENVIRONMENTAL REVIEW
This Urgency Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§
21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA Guidelines”)under Section 15061(b)
(3) of the CEQA Guidelines.
CONCLUSION
It is recommended City Council waive reading,introduce by title,and adopt an urgency ordinance of the City
of South San Francisco further enacting a temporary moratorium on small business and nonprofit entity
evictions due to nonpayment of rent where the failure to pay rent results from income loss resulting from the
Novel Coronavirus (COVID-19).Approval of an urgency ordinance requires a four-fifths vote.
Attachments:
1.Ordinance No. 1598-2020 (4/8/2020)
2. April 8, 2020 City Council Staff Report
City of South San Francisco Printed on 6/2/2020Page 2 of 2
powered by Legistar™
Cit y of South San Francisco
rk
P.O. Box 711 (City Hall,
400 Grand Avenue)
Cn South San Francisco, CA
City CouncilLL
Ordinance: ORD 1598-2020
File Number: 20-251 Enactment Number: ORD 1598-2020
URGENCY ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO ENACTING A TEMPORARY MORATORIUM ON
SMALL BUSINESS AND NONPROFIT ENTITY EVICTIONS DUE
TO NONPAYMENT OF RENT WHERE THE FAILURE TO PAY
RENT RESULTS FROM INCOME LOSS RESULTING FROM THE
NOVEL CORONAVIRUS (COVID- 19)
WHEREAS, international, national, state, and local health and governmental authorities are responding
to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV 2," and the
disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19");
and
WHEREAS, on January 30, 2020, the World Health Organization ("WHO") declared COVID-19 a
Public Health Emergency of International Concern, and on January 31, 2020, the United States Secretary
of Health and Human Services declared a Public Health Emergency; and
WHEREAS, on March 2, 2020, the County of San Mateo activated its Emergency Operations Center
EOC) to support the local County Health response to COVID-19; and
WHEREAS, on March 3, 2020, the County of San Mateo Director of Emergency Services issued a
proclamation Declaring the Existence of a Local Emergency in the County and the County of San Mateo
Health Officer issued a Declaration of Local Health Emergency Regarding Novel Coronavirus 2019
COVID-19); and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to
make additional resources available, formalize emergency actions already underway across multiple
state agencies and departments, and help the state prepare for a broader spread of COVID-19. The
proclamation comes as the number of positive California cases rises and following one official
COVID-19 death; and
WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Mateo adopted a
resolution Ratifying and Extending the Declaration of a Local Health Emergency; and
WHEREAS, on March 11, 2020, the San Mateo County Health Officer issued a legal order barring
unauthorized visitors and non-essential personnel from licensed skilled nursing facilities in the County;
and
WHEREAS, on March 12, 2020, San Mateo County Health Officer issued an order prohibiting mass
gatherings of 250 or more persons and as defined in the order, applicable to public and private gatherings
and includes exceptions for houses of worship, museums, malls, hospital and medical facilities, and the
normal operations of hotels and airports; and
City of South San Francisco Page 1
File Number: 20-251 Enactment Number. ORD 1598-2020
WHEREAS, on March 121, 2020, due to an escalating increase in the number of cases in San Mateo
County, under South San Francisco Municipal Code Chapter 2.72, the City Council of the City of South
San Francisco adopted a resolution proclaiming a local State of Emergency related to the Novel
Coronavirus 2019 (COVID- 19); and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national
emergency and announced that the federal government would make emergency funding available to
assist state and local governments in preventing the spread of and addressing the effects of COVID-19;
and
WHEREAS, on March 13, 2020, San Mateo County Health Officer issued a School Operations
Modification Order requiring all schools to dismiss students from regular attendance; and
WHEREAS, on March 14, 2020, San Mateo County Health Officer issued an update regarding the legal
order prohibiting mass gatherings, further limiting public or private gatherings of more than 50 persons
as defined in the order; and
WHEREAS, on March 16, 2020, seven health officers within six Bay Area counties, including San
Mateo County, took a unified step to slow the spread of novel coronavirus (COVID- 19) and preserve
critical health care capacity across the region by issuing a legal order directing their respective residents
to shelter at home for three weeks beginning March 17, 2020. The order limits activity, travel and
business functions to only the most essential needs. The guidance comes after substantial input from the
U. S. Centers for Disease Control and Prevention (CDC) and best practices from other health officials
around the world; and
WHEREAS, on March 16, 2020, California Governor Gavin Newsom issued Executive Order N-28-20
ordering waiver of time limitations set forth in Penal Code section 396(f) concerning protections against
residential evictions, and 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 or
commercial evictions related to COVID-19. The order further suspended statutory causes of action for
judicial foreclosure, including Code of Civil Procedure section 725a et seq.; the statutory cause of action
for unlawful detainer, Code of Civil Procedure section 1161 et seq. ; and any other statutory cause of
action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of
residential real property after foreclosure; and
WHEREAS, both large and smaller events across the Bay Area and in South San Francisco are
cancelling or being postponed due to the County's and State's Orders and recommendations at all levels
of government to cancel large gatherings amid concerns over spread of the virus. These cancellations
and postponements cause loss in revenue for the event, as well as surrounding local businesses that rely
on such events to bring in patrons to their businesses; and
WHEREAS, as a result of the public health emergency, the precautions recommended by state and
county health officers, and in compliance with orders issued by those officers, many residents and
businesses in South San Francisco have experienced or expect soon to experience sudden and
unexpected income loss; and
City of South San Francisco Page 2
File Number. 20-251 Enactment Number: ORD 1598-2020
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the
authority to enact ordinances to protect the health, safety, and general welfare, of their citizens; and
WHEREAS, California Government Code Section 36937 authorizes the City Council to introduce and
adopt an ordinance it declares to be necessary as an emergency measure to preserve the public peace,
health, and safety at one and the same meeting if passed by at least four-fifths affirmative votes; and
WHEREAS, this Ordinance is a temporary moratorium intended to promote stability and fairness within
the rental market in the City during the COVID-19 pandemic outbreak, and to prevent avoidable
evictions thereby serving the public peace, health, safety, and public welfare; and
WHEREAS, further economic impacts are anticipated as a result of COVID-19-related workplace
closures, childcare expenditures due to school closures, health care expenses, labor shortages, and other
expenditures stemming from compliance with emergency orders, leaving small business tenants
vulnerable to evictions; and
WHEREAS, for the purposes of this Ordinance, a "small business" is defined as a business entity with
gross receipts of less than $25 million per year. For the purposes of this Ordinance, a "nonprofit" is an
organization that is registered as a California public benefit nonprofit corporation or has received federal
tax exemption under Internal Revenue Code section 501(c)(3).
WHEREAS, these economic impacts may inhibit small businesses from fulfilling their financial
obligations, including rent and public utility payments such as water, sewer, and solid waste collection
charges; and
WHEREAS, displacement of small businesses and nonprofits through eviction further destabilizes the
local economy by causing non-essential businesses to cease operating and forcing the termination of
employees who would otherwise be able to work, deepening the negative feedback loop of financial
consequences of the COVD-19 pandemic; and
WHEREAS, on March 24, 2020, the County of San Mateo adopted an Emergency Regulation
establishing a temporary, countywide moratorium on evictions for non-payment of rent by residential
tenants directly impacted by the COVID-19 pandemic; and
WHEREAS, on March 27, 2020, California Governor Gavin Newsom issued Executive Order N-37-20,
extending the deadline specified in Civil Code of Procedure section 1167 for a period of 60 days for any
residential tenant who is served, while the Order is in effect, with an eviction notice for nonpayment of
rent where the tenant paid rent due prior to date of the Order and the tenant notifies the landlord in
writing of an inability to pay the full amount due to reasons related to COVID-19; and
WHEREAS, small businesses and nonprofits in South San Francisco are greatly affected by COVID-19
economic impacts and thus vulnerable to threat of eviction, which negatively impacts the local economy
by laying off employees and ceasing to provide essential services to residents of the City; negatively
impacting local health by forcing persons out of their shelter -in-place locations to prepare for business
City of South San Francisco Page 3
File Number. 20-251 Enactment Number. ORD 1598-2020
eviction, increasing potential COVID-19 exposure; and reducing the number of retail and commercial
spaces available to provide essential services, also increasing potential COVID-19 exposure as a result
of less retail and commercial spaces available for residents and thus less space available for social
distancing; and
WHEREAS, the City Council finds and determines that regulating the relations between landlords and
tenants is essential to preventing the spread of COVID-19 in the City and thereby serve the public peace,
health, and safety; and
WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate
threat to public peace, health, and safety as failure to adopt this urgency ordinance would result in the
avoidable displacement or exposure to COVID-19 of the City's small businesses and to the amplification
of the factors that lead to the spread of the virus, as described in these Recitals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council of the City of South San Francisco finds that all Recitals are true and correct and
incorporated herein by reference. The provisions of the Governor's issued Executive Order N-28-20 and
Executive Order N-37-20, including all recitals, are incorporated herein as if fully set forth.
SECTION 2. Urgency Findings.
The City Council of the City of South San Francisco hereby finds that there is a current and immediate
threat to the public health, safety and/or welfare and a need for immediate preservation of the public
peace, health, or safety that warrants this urgency measure, which finding is based upon the facts stated
in the Recitals above, and in the staff report dated April 8, 2020, as well any oral and written testimony
at the April 8, 2020 City Council meeting.
This Ordinance and any moratorium that may be established thereunder is declared by the City Council
to be an urgency measure necessary for the immediate preservation of the public peace, health or safety.
The facts constituting such urgency are all of those certain facts set forth and referenced in this
Ordinance and the entirety of the record before the City Council.
SECTION 3. Moratorium on Eviction of Small Businesses and Nonprofits for Nonpavment of
Rent during the COVID-19 Emergency.
A temporary moratorium on eviction for non-payment of rent by small business and nonprofit entity
tenants impacted by the COVID-19 crisis is imposed as follows:
a) During the term of this Ordinance, no landlord shall endeavor to evict a small business or nonprofit
entity tenant in either of the following situations: (1) for nonpayment of rent if the tenant demonstrates
that the tenant is unable to pay rent due to financial impacts related to COVID-19 or (2) for a no-fault
eviction unless necessary for the health and safety of tenants, neighbors, or the landlord.
City of South San Francisco Page 4
File Number: 20-251 Enactment Number: ORD 1598-2020
b) Endeavors to evict that are prohibited by this Ordinance include issuance of a three-day notice to pay
rent or quit or a notice of no-fault termination of tenancy after the effective date of this Ordinance, or
attempting to enforce a termination of tenancy through an unlawful detainer filing based on any notice
issued but not yet expired prior to the effective date of this Ordinance.
c) Prior to taking any action, during the term of this Ordinance, to endeavor to evict a tenant for
non-payment of rent or under any circumstance that constitutes a no-fault termination of tenancy, the
landlord must first provide the affected tenant or tenants with: 1) written notice of this Ordinance; (2) the
amount of rent to which the landlord is legally entitled pursuant to any written or oral agreement and
under the provisions of State or local law; (3) that this rent is due unless the tenant promptly establishes
in writing to the Landlord that the amount of rent due qualifies as a Delayed Payment, as defined in this
Ordinance; and (4) that the notice from the tenant to the landlord referenced in Section (d) regarding
Delayed Payment must be provided to the landlord as soon as reasonably practicable thereafter.
d) For purposes of this Ordinance, notice provided by a tenant to the landlord within fourteen (14) days
from the date rent is due or from the date of receipt of the landlord's written notice required pursuant to
subsection (c), whichever is later, shall be presumed to have been provided within a reasonable
timeframe, provided that notices provided on a timeframe greater than fourteen (14) days may be
deemed reasonable, depending on the totality of the circumstances.
e) Nothing in this Ordinance shall relieve the tenant of the obligation to pay rent as it comes due after
this Ordinance expires, or of the obligation for the unpaid rent that is a Delayed Payment, payment of
which the landlord may seek after this Ordinance expires. However, with respect to any Delayed
Payment covered by this Ordinance, a tenant shall have up to one hundred and eighty (180) days after
this Ordinance expires to tender the full amount of the Delayed Payment, before the tenant shall be
deemed to be in default of rent payment obligations. The tenant shall tender the full amount of the
Delayed Payment in three months (90 days) if able to do so; however, if the tenant remains unable to
tender the full amount of the Delayed Payment for the reasons set forth in Section (g), the tenant may
provide the landlord another written notice and additional documentation to support that claim and
thereby extend the payment date an additional month (30 days). The tenant may provide additional
written notices and documentation each month (every 30 days) to further extend the deadline, but under
no circumstances shall the landlord be required to extend the deadline beyond one hundred and eighty
180) days after this Ordinance expires. Further, a landlord may not charge or collect a late fee for a
Delayed Payment as defined in this Ordinance. Any three-day notices to pay or quit or no-fault
termination of tenancy notices served prior the effective date of this Ordinance but not yet expired are
automatically deemed served the day following the expiration of this Ordinance.
f) An action taken by a landlord to evict a tenant for a Delayed Payment shall not be considered a
violation of this Ordinance where the action was taken before the tenant provided the landlord notice of
the tenant's lost income and inability to pay full rent on the due date and provided documentation to the
landlord in accordance with this Ordinance, provided that the landlord ceases further endeavors to evict
the tenant on this basis upon receiving the notice and documentation from the tenant required in this
Ordinance.
g) (1) For purposes of this Ordinance, "Delayed Payment" includes a payment made after the time set
City of South San Francisco Page 5
File Number. 20-251 Enactment Number. ORD 1598-2020
forth in the rental agreement between a landlord and a tenant or tenants or as otherwise agreed between
the parties as a result of "financial impacts related to COVID-19" including, but are not limited to, loss
of income due to any of the following: (1) being sick with COVID-19, or caring for a household or
family member who is sick with COVID-19; (2) lay-off, loss of hours, reduction in staff reporting to
work, reduction in opening hours, reduction in consumer demand, or other income reduction resulting
from business closure or other economic or employer impacts of COVID-19; (3) compliance with a
recommendation or order from a government health authority to close non-essential business, stay home,
self -quarantine, or avoid congregating with others during the state of emergency; (4) extraordinary
out-of-pocket medical expenses; or (5) child care needs arising from school closures related to
COVID-19.
2) To qualify as a "Delayed Payment" under this Ordinance, a tenant must notify the landlord in
writing within the time frame set forth in Section (d) above of the tenant's lost income and inability to
pay full rent on the due date and provide documentation to support the claim within that same time
frame. For purposes of this section, "in writing" may include e-mail or text communications to a
landlord or the landlord's representative with whom the tenant has previously corresponded by email or
text. Any medical or financial information provided to the landlord shall be held in confidence, and only
used for evaluating the tenant's claim.
3) Courts shall have the sole discretion to determine in an unlawful detainer action or other eviction
action whether the tenant's written notice and documentation are sufficient to show a qualifying Delayed
Payment.
h) For purposes of this Ordinance, "no-fault eviction" refers to any eviction for which the notice to
terminate tenancy is not based on alleged fault by the tenant, including but not limited to eviction notices
served pursuant to Code of Civil Procedure sections 1161 (1) or 1161(5).
i) For the purposes of this Ordinance, a "small business" is a business entity with gross receipts of less
than $25 million per year. For the purposes of this Ordinance, a "nonprofit" is an organization that is
registered as a California public benefit nonprofit corporation or has received federal tax exemption
under Internal Revenue Code section 501(c)(3).
0) This Ordinance provides an affirmative defense to eviction in the event that an unlawful detainer
action is commenced in violation of this Ordinance. In addition, a knowing violation of this Ordinance
shall be a misdemeanor and in the event of a knowing violation of this Ordinance, an aggrieved tenant
may institute a civil proceeding for injunctive relief, money damages of not less than three times actual
damages (including damages for mental or emotional distress as specified below), and any other relief
the Court deems appropriate. The prevailing party in such civil proceeding(s) shall be entitled to
reasonable attorney's fees and costs pursuant to court order. The remedies available under this section
shall be in addition to any existing remedies which may be available to the tenant under local, state or
federal law.
k) The limitations on evictions imposed pursuant to this Ordinance shall apply to the statutory cause of
action for judicial foreclosure and any other statutory cause of action that could be used to evict or
otherwise eject a small business or nonprofit entity after foreclosure, consistent with and as suspended
by Executive Order N-28-20.
City of South San Francisco Page 6
File Number. 20-251 Enactment Number. ORD 1598-2020
SECTION 4. Severabilitv.
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of this Ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 5. Effective Date and Term.
This Urgency Ordinance shall become effectively immediate upon its adoption pursuant to California
Government Code Section 36937 and shall remain in effect until May 31, 2020, unless further extended
by the City Council before that date.
SECTION 6. Compliance with the California Environmental Ouality Act.
The City Council hereby finds approval of this Ordinance is exempt from the California Environmental
Quality Act (Public Resources Code §§ 21000 et seq., "CEQA," and 14 Cal. Code Reg. §§ 15000 et seq.,
CEQA Guidelines") under Section 15061(b)(3) of the CEQA Guidelines.
SECTION 7. Publication.
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. Within fifteen (15) days after the adoption of this Ordinance, the City
Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full
text of this Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting.
At a meeting of the City Council on 4/8/2020, a motion was made by Vice Mayor Addiego, seconded by
Councilmember Nicolas, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by AL
Aosa Govea Acosta, City Clerk
I Fmr. rev., Mw
City of South San Francisco Page 7
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Report regarding an urgency ordinance of the City of South San Francisco enacting a temporary moratorium on
small business and nonprofit entity evictions due to nonpayment of rent where the failure to pay rent results
from income loss resulting from the Novel Coronavirus (COVID-19) (Sky Woodruff, City Attorney)
RECOMMENDATION
It is recommended City Council waive reading,introduce by title,and adopt an urgency ordinance of the
City of South San Francisco enacting a temporary moratorium on small business and nonprofit entity
evictions due to nonpayment of rent where the failure to pay rent results from income loss resulting from
the Novel Coronavirus (COVID-19).Approval of an urgency ordinance requires a four-fifths vote.
BACKGROUND
International,national,state,and local health and governmental authorities are responding to an outbreak of
respiratory disease caused by a novel coronavirus named “SARS-CoV-2,”and the disease it causes has been
named “coronavirus disease 2019,”abbreviated COVID-19,(“COVID-19”).On January 30,2020,the World
Health Organization (“WHO”)declared COVID-19 a Public Health Emergency of International Concern,and
on January 31,2020,the United States Secretary of Health and Human Services declared a Public Health
Emergency.
On March 2,2020,the County of San Mateo activated its Emergency Operations Center (EOC)to support the
local County Health response to COVID-19.On March 3,2020,the County of San Mateo Director of
Emergency Services issued a proclamation Declaring the Existence of a Local Emergency in the County and
the County of San Mateo Health Officer issued a Declaration of Local Health Emergency Regarding COVID-
19.On March 4,2020,California Governor Gavin Newsom declared a State of Emergency to make additional
resources available,formalize emergency actions already underway across multiple state agencies and
departments, and help the state prepare for a broader spread of COVID-19.
On March 10,2020,the Board of Supervisors of the County of San Mateo adopted a resolution Ratifying and
Extending the Declaration of a Local Health Emergency.On March 12,2020,due to an escalating increase in
the number of cases in San Mateo County,the City Council of the City of South San Francisco adopted a
resolution proclaiming a local State of Emergency related to the Novel Coronavirus 2019 (COVID-19)under
South San Francisco Municipal Code Chapter 2.72.
On March 16,2020,seven health officers within six Bay Area counties,including San Mateo County,took a
unified step to slow the spread of novel coronavirus (COVID-19)and preserve critical health care capacity
across the region by issuing a legal order directing their respective residents to shelter at home for three weeks
beginning March 17,2020.The order limits activity,travel and business functions to only the most essential
needs.The guidance comes after substantial input from the U.S.Centers for Disease Control and Prevention
(CDC) and best practices from other health officials around the world.
On March 16,2020,California Governor Gavin Newsom issued Executive Order N-28-20 ordering suspension
of 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 or commercial evictions related to COVID-19.The
File #:20-250,Version:1
City of South San Francisco Printed on 6/2/2020Page 1 of 4
powered by Legistar™
File #:20-250,Version:1
power to impose substantive limitations on residential or commercial evictions related to COVID-19.The
order further suspended statutory causes of action for judicial foreclosure,including Code of Civil Procedure
section 725a et seq.;the statutory cause of action for unlawful detainer,Code of Civil Procedure section 1161 et
seq.;and any other statutory cause of action that could be used to evict or otherwise eject a residential or
commercial tenant or occupant of residential real property after foreclosure.
On March 24,2020,the County of San Mateo adopted an Emergency Regulation establishing a temporary,
countywide moratorium on evictions for non-payment of rent by residential tenants directly impacted by the
COVID-19 pandemic.On March 27,2020,California Governor Gavin Newsom issued Executive Order N-37-
20,extending the deadline specified in Civil Code of Procedure section 1167 for a period of 60 days for any
residential tenant who is served,while the Order is in effect,with an eviction notice for nonpayment of rent
where the tenant paid rent due prior to date of the Order and the tenant notifies the landlord in writing of an
inability to pay the full amount due to reasons related to COVID-19.These actions only protect tenants from
residential evictions,whereas the proposed Urgency Ordinance will further address small business and
nonprofit entity evictions.
DISCUSSION
The Shelter-In-Place orders have had an immediate economic impact in all commercial sectors of the City
simultaneously.Although non-essential businesses have seen the most dramatic impact causing all operations
to cease,many essential businesses that remain open have also been dramatically affected.Restaurants and
food establishments,for example,are considered essential and many remain open.However,operations have
had to be significantly modified by limited sales to only take-out and delivery orders.This,coupled with the
drop in public demand of dining out has many restaurants anticipating large revenue losses in the months of
March and April, and at least until the health orders expire.
In addition,both large and smaller events across the Bay Area and in South San Francisco have all been
cancelled or postponed due to the County and State’s Orders.These cancellations and postponements cause loss
in revenue for the event,as well as surrounding local businesses that rely on such events to bring in patrons to
their businesses.This has adversely affected the City’s hotel industry,conference and meeting spaces,and
business-to-business sales that support large gatherings.
Economic Impact
Macro-Level Economic Forecast.Revising a forecast published March 12,UCLA Anderson Forecast
economists say the U.S.economy has entered a recession,ending the expansion that began in July 2009.As the
U.S.economy moved into a recession this month,it looks like California will bear a heavy share of the
contraction.In 1990 it was the aerospace industry,in 2001 the tech industry,and in 2008 residential
construction;each of which were sectors that California was proportionately more exposed than the rest of the
nation.Now it is the turn of three more sectors with heavy concentration in the Golden State;transportation and
warehousing,agriculture,and leisure and hospitality.The exposure to transportation and warehousing stems
from the fact that the ports of California carry much of the goods coming in from Asia,and they are not coming
in.California is a major tourist destination,particularly from Asia,and air travel has been limited across the
Pacific.And agriculture,hard hit by the trade wars,now finds that there are no ships nor appropriate containers
to move the latest harvest out to market.These,overlaid on a U.S.forecast of a two quarter recession,results in
four quarters of job loss and three quarters of real income losses in the State.
Employment is expected to contract by -0.7%in 2020 with the 2nd and 3rd quarters contracting at an annual
rate of 2.6%.The unemployment rate will rise to 6.3%by the end of this year and expected to continue to
increase into 2021 with an average for 2021 of 6.6%.By the first quarter of 2021 of the year California isCity of South San Francisco Printed on 6/2/2020Page 2 of 4
powered by Legistar™
File #:20-250,Version:1
increase into 2021 with an average for 2021 of 6.6%.By the first quarter of 2021 of the year California is
expected to lose over 280K payroll jobs with over 1/3 of those in leisure and hospitality and transportation and
warehousing. The expectation is for 2021 to be a slow recovery year and 2022 a year of growth once again.
Local Market Impact.The occupations of South San Francisco residents include a high share of service and
production jobs,which in many ways are relatively compatible with the types of jobs found in the city.These
jobs will be the most exposed during the recession.Attachment 1 includes current data for retail,industrial,and
office demographics for the South San Francisco submarket.
The City has created a business resources website,dedicated for COVID-19 information and programs.A
business survey has been issued to create a baseline of how the economic disruption is affecting the local
economy.If a commercial eviction moratorium is enacted,the City has the ability to collect data on its impact
over the duration of the moratorium.
Proposed Urgency Ordinance
For these reasons,it is recommended that City Council adopt an uncodified urgency ordinance enacting a
temporary moratorium on evictions for nonpayment of rent by small business and nonprofit entities impacted
by COVID-19.The proposed urgency ordinance includes provisions to prevent evictions if the small business
or nonprofit entity is able to show an inability to pay rent due to circumstances related to COVID-19.Such
circumstances include:
·Being sick with COVID-19, or caring for a household or family member who is sick with COVID-19;
·Compliance with a recommendation or order from a government health authority to close non-essential
business;
·Income reduction resulting from business closure or other economic or employer impacts;
·Extraordinary out-of-pocket medical expenses; or
·Child care needs arising from school closures.
If adopted,the ordinance would require the small business or nonprofit entity repay any back due rent no later
than six (6)months following the expiration of the ordinance.Additionally,the small business or nonprofit
entity could use the ordinance as an affirmative defense in an unlawful detainer action.The ordinance,if
adopted, would remain in effect until May 31, 2020 unless extended by City Council.
FISCAL IMPACT
Approval of the staff recommendations will have no direct fiscal impact on the City's General Fund.
ENVIRONMENTAL REVIEW
This Urgency Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§
21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA Guidelines”)under Section 15061(b)
(3) of the CEQA Guidelines.
CONCLUSION
It is recommended City Council waive reading,introduce by title,and adopt an urgency ordinance of the City
of South San Francisco enacting a temporary moratorium on small business and nonprofit entity evictions due
to nonpayment of rent where the failure to pay rent results from income loss resulting from the Novel
Coronavirus (COVID-19).Approval of an urgency ordinance requires a four-fifths vote.
Attachments:
City of South San Francisco Printed on 6/2/2020Page 3 of 4
powered by Legistar™
File #:20-250,Version:1
1.South San Francisco Vacancy and Rental Rates by Product Type
City of South San Francisco Printed on 6/2/2020Page 4 of 4
powered by Legistar™
South San Francisco Vacancy and Rental Rates by Product Type
Retail Sector
Type Total Square feet Vacancy Rate Market Rent/SF
Neighborhood Center 484,041 0.7% $29.03
Strip Center 191,678 0.5% $28.45
General Retail 2,066,813 1.6% $29.63
Total 2,742,532 1.3% $29.44
Industrial
Type Total Square feet Vacancy Rate Market Rent/SF
Logistics 11,850,102 7.0% $15.56
Specialized Industrial 3,783,043 2.3% $15.49
Flex 5,697,081 7.7% $33.57
Total 21,330,226 6.4% $21.50
Office
Type Total Square feet Vacancy Rate Market Rent/SF
4 & 5 Star 5,226,939 5.6% $58.84
3 Star 1,280,675 4.4% $53.86
1 & 2 Star 614,285 2.6% $38.48
Total 7,121,899 5.1% $56.33
ATTACHMENT 1
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
Urgency ordinance of the City of South San Francisco further enacting a temporary moratorium on small
business and nonprofit entity evictions due to nonpayment of rent where the failure to pay rent results from
income loss resulting from the Novel Coronavirus (COVID-19)
WHEREAS,international,national,state,and local health and governmental authorities are responding to an
outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,”and the disease it causes
has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS,on January 30,2020,the World Health Organization (“WHO”)declared COVID-19 a Public
Health Emergency of International Concern,and on January 31,2020,the United States Secretary of Health
and Human Services declared a Public Health Emergency; and
WHEREAS,on March 2,2020,the County of San Mateo activated its Emergency Operations Center (EOC)to
support the local County Health response to COVID-19; and
WHEREAS,on March 3,2020,the County of San Mateo Director of Emergency Services issued a
proclamation Declaring the Existence of a Local Emergency in the County and the County of San Mateo Health
Officer issued a Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19); and
WHEREAS,on March 4,2020,California Governor Gavin Newsom declared a State of Emergency to make
additional resources available,formalize emergency actions already underway across multiple state agencies
and departments,and help the state prepare for a broader spread of COVID-19.The proclamation comes as the
number of positive California cases rises and following one official COVID-19 death; and
WHEREAS,on March 10,2020,the Board of Supervisors of the County of San Mateo adopted a resolution
Ratifying and Extending the Declaration of a Local Health Emergency; and
WHEREAS,on March 11,2020,the San Mateo County Health Officer issued a legal order barring
unauthorized visitors and non-essential personnel from licensed skilled nursing facilities in the County; and
WHEREAS,on March 12,2020,San Mateo County Health Officer issued an order prohibiting mass gatherings
of 250 or more persons and as defined in the order,applicable to public and private gatherings and includes
exceptions for houses of worship,museums,malls,hospital and medical facilities,and the normal operations of
hotels and airports; and
WHEREAS,on March 12,2020,due to an escalating increase in the number of cases in San Mateo County,
under South San Francisco Municipal Code Chapter 2.72,the City Council of the City of South San Francisco
adopted a resolution proclaiming a local State of Emergency related to the Novel Coronavirus 2019 (COVID-
City of South San Francisco Printed on 6/22/2020Page 1 of 7
powered by Legistar™
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
19); and
WHEREAS,on March 13,2020,the President of the United States of America declared a national emergency
and announced that the federal government would make emergency funding available to assist state and local
governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS,on March 13,2020,San Mateo County Health Officer issued a School Operations Modification
Order requiring all schools to dismiss students from regular attendance; and
WHEREAS,on March 14,2020,San Mateo County Health Officer issued an update regarding the legal order
prohibiting mass gatherings,further limiting public or private gatherings of more than 50 persons as defined in
the order; and
WHEREAS,on March 16,2020,seven health officers within six Bay Area counties,including San Mateo
County,took a unified step to slow the spread of novel coronavirus (COVID-19)and preserve critical health
care capacity across the region by issuing a legal order directing their respective residents to shelter at home for
three weeks beginning March 17,2020.The order limits activity,travel and business functions to only the most
essential needs.The guidance comes after substantial input from the U.S.Centers for Disease Control and
Prevention (CDC) and best practices from other health officials around the world; and
WHEREAS,on March 16,2020,California Governor Gavin Newsom issued Executive Order N-28-20
ordering waiver of time limitations set forth in Penal Code section 396(f)concerning protections against
residential evictions,and 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 or commercial
evictions related to COVID-19.The order further suspended statutory causes of action for judicial foreclosure,
including Code of Civil Procedure section 725a et seq.;the statutory cause of action for unlawful detainer,
Code of Civil Procedure section 1161 et seq.;and any other statutory cause of action that could be used to evict
or otherwise eject a residential or commercial tenant or occupant of residential real property after foreclosure;
and
WHEREAS,both large and smaller events across the Bay Area and in South San Francisco are cancelling or
being postponed due to the County’s and State’s Orders and recommendations at all levels of government to
cancel large gatherings amid concerns over spread of the virus.These cancellations and postponements cause
loss in revenue for the event,as well as surrounding local businesses that rely on such events to bring in patrons
to their businesses; and
WHEREAS,as a result of the public health emergency,the precautions recommended by state and county
health officers,and in compliance with orders issued by those officers,many residents and businesses in South
San Francisco have experienced or expect soon to experience sudden and unexpected income loss; and
WHEREAS,the California Constitution,Article XI,Section 7,provides cities and counties with the authority to
enact ordinances to protect the health, safety, and general welfare, of their citizens; and
WHEREAS,California Government Code Section 36937 authorizes the City Council to introduce and adopt an
ordinance it declares to be necessary as an emergency measure to preserve the public peace,health,and safety
at one and the same meeting if passed by at least four-fifths affirmative votes; and
WHEREAS,this Ordinance is a temporary moratorium intended to promote stability and fairness within the
City of South San Francisco Printed on 6/22/2020Page 2 of 7
powered by Legistar™
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
WHEREAS,this Ordinance is a temporary moratorium intended to promote stability and fairness within the
rental market in the City during the COVID-19 pandemic outbreak,and to prevent avoidable evictions thereby
serving the public peace, health, safety, and public welfare; and
WHEREAS,further economic impacts are anticipated as a result of COVID-19-related workplace closures,
childcare expenditures due to school closures,health care expenses,labor shortages,and other expenditures
stemming from compliance with emergency orders, leaving small business tenants vulnerable to evictions; and
WHEREAS,for the purposes of this Ordinance,a “small business”is defined as a business entity with gross
receipts of less than $25 million per year.For the purposes of this Ordinance,a “nonprofit”is an organization
that is registered as a California public benefit nonprofit corporation or has received federal tax exemption
under Internal Revenue Code section 501(c)(3).
WHEREAS,these economic impacts may inhibit small businesses from fulfilling their financial obligations,
including rent and public utility payments such as water, sewer, and solid waste collection charges; and
WHEREAS,displacement of small businesses and nonprofits through eviction further destabilizes the local
economy by causing non-essential businesses to cease operating and forcing the termination of employees who
would otherwise be able to work,deepening the negative feedback loop of financial consequences of the
COVD-19 pandemic; and
WHEREAS,on March 24,2020,the County of San Mateo adopted an Emergency Regulation establishing a
temporary,countywide moratorium on evictions for non-payment of rent by residential tenants directly
impacted by the COVID-19 pandemic; and
WHEREAS,on March 27,2020,California Governor Gavin Newsom issued Executive Order N-37-20,
extending the deadline specified in Civil Code of Procedure section 1167 for a period of 60 days for any
residential tenant who is served,while the Order is in effect,with an eviction notice for nonpayment of rent
where the tenant paid rent due prior to date of the Order and the tenant notifies the landlord in writing of an
inability to pay the full amount due to reasons related to COVID-19; and
WHEREAS,on May 18,2020,the Presiding Judge of San Mateo County Superior Court issued an emergency
order related to unlawful detainer proceedings,which among other things,prohibits the entry of default in any
pending unlawful detainer action during the period of May 14, 2020 through June 12, 2020; and
WHEREAS,on May 26,2020,the County of San Mateo extended the temporary countywide eviction
moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic
through the adoption of Emergency Regulation No.2020-001,which will be in effect through June 30,2020;
and
WHEREAS,small businesses and nonprofits in South San Francisco are greatly affected by COVID-19
economic impacts and thus vulnerable to threat of eviction,which negatively impacts the local economy by
laying off employees and ceasing to provide essential services to residents of the City;negatively impacting
local health by forcing persons out of their shelter-in-place locations to prepare for business eviction,increasing
potential COVID-19 exposure;and reducing the number of retail and commercial spaces available to provide
essential services,also increasing potential COVID-19 exposure as a result of less retail and commercial spaces
available for residents and thus less space available for social distancing; and
City of South San Francisco Printed on 6/22/2020Page 3 of 7
powered by Legistar™
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
WHEREAS,to address these negative economic impacts and provide relief to local businesses and nonprofits,
the City Council enacted Urgency Ordinance No.1598-2020 on April 8,2020,to create a citywide temporary
moratorium on small business and nonprofit entity evictions due to nonpayment of rent where the failure to pay
rent results from income loss resulting from COVID-19,based on findings of current and immediate threat to
the public health, safety and welfare and the need for immediate preservation; and
WHEREAS,the temporary moratorium enacted pursuant to Ordinance No.1598-2020 was scheduled to expire
on May 31, 2020; and
WHEREAS,on May 29,2020,Governor Newsom issued Executive Order N-66-20 extending the timeframe
for the protections set forth in Paragraphs 1 and 2 of Executive Order N-28-20 for an additional 60 days,until
July 28,2020,which waives time limitations set forth in Penal Code section 396(f);suspends 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 or commercial evictions related to COVID-19;suspends statutory causes
of action for judicial foreclosure,including Code of Civil Procedure section 725a et seq.;the statutory cause of
action for unlawful detainer,Code of Civil Procedure section 1161 et seq.;and any other statutory cause of
action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of residential
real property after foreclosure; and
WHEREAS,the City Council continues to find and determine that there is an immediate need to preserve
public health,safety and welfare given the negative economic impacts derived from the COVID-19 pandemic,
and that regulating the relations between landlords and tenants is essential to preventing the spread of COVID-
19 in the City and thereby serve the public peace, health, and safety; and
WHEREAS,since the expiration of the temporary moratorium pursuant to Ordinance No.1598-2020 on May
31,2020,the City Council desires to further enact an urgency ordinance and impose the same temporary
eviction moratorium in response to the negative impacts experienced by local small businesses and nonprofits
in South San Francisco in order to provide immediate preservation of public health, safety and welfare; and
WHEREAS,an urgency ordinance that is effective immediately is necessary to avoid the continuing and
immediate threat to public peace,health,and safety as failure to adopt this urgency ordinance would result in
the avoidable displacement or exposure to COVID-19 of the City’s small businesses and to the amplification of
the factors that lead to the spread of the virus, as described in these Recitals.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Findings
The City Council of the City of South San Francisco finds that all Recitals are true and correct and incorporated
herein by reference.The staff report and attachments for Urgency Ordinance No.1598-2020,dated April 8,
2020,and provisions of the Governor’s issued Executive Order N-28-20,Executive Order N-37-20,and
Executive Order N-66-20 including all recitals, are incorporated herein as if fully set forth.
SECTION 2.Urgency Findings.
The City Council of the City of South San Francisco hereby finds that there is a current and immediate threat to
the public health,safety and/or welfare and a need for immediate preservation of the public peace,health,or
safety that warrants this urgency measure,which finding is based upon the facts stated in the Recitals above,
City of South San Francisco Printed on 6/22/2020Page 4 of 7
powered by Legistar™
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
safety that warrants this urgency measure,which finding is based upon the facts stated in the Recitals above,
the accompanying staff report,and in the staff report and attachments for Urgency Ordinance No.1598-2020
dated April 8,2020,as well as any oral and written testimony at the April 8,2020 City Council meeting and the
June 3, 2020 Special City Council meeting.
This Ordinance and any moratorium that may be established thereunder is declared by the City Council to be an
urgency measure necessary for the immediate preservation of the public peace,health or safety.The facts
constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the
entirety of the record before the City Council.
SECTION 3.Moratorium on Eviction of Small Businesses and Nonprofits for Nonpayment of Rent
during the COVID-19 Emergency.
A temporary moratorium on eviction for non-payment of rent by small business and nonprofit entity tenants
impacted by the COVID-19 crisis is imposed as follows:
(a)During the term of this Ordinance, no landlord shall endeavor to evict a small business or nonprofit
entity tenant in either of the following situations: (1) for nonpayment of rent if the tenant demonstrates that the
tenant is unable to pay rent due to financial impacts related to COVID-19 or (2) for a no-fault eviction unless
necessary for the health and safety of tenants, neighbors, or the landlord.
(b)Endeavors to evict that are prohibited by this Ordinance include issuance of a three-day notice to pay
rent or quit or a notice of no-fault termination of tenancy after the effective date of this Ordinance, or
attempting to enforce a termination of tenancy through an unlawful detainer filing based on any notice issued
but not yet expired prior to the effective date of this Ordinance.
(c)Prior to taking any action, during the term of this Ordinance, to endeavor to evict a tenant for non-
payment of rent or under any circumstance that constitutes a no-fault termination of tenancy, the landlord must
first provide the affected tenant or tenants with: 1) written notice of this Ordinance; (2) the amount of rent to
which the landlord is legally entitled pursuant to any written or oral agreement and under the provisions of
State or local law; (3) that this rent is due unless the tenant promptly establishes in writing to the Landlord that
the amount of rent due qualifies as a Delayed Payment, as defined in this Ordinance; and (4) that the notice
from the tenant to the landlord referenced in Section (d) regarding Delayed Payment must be provided to the
landlord as soon as reasonably practicable thereafter.
(d)For purposes of this Ordinance, notice provided by a tenant to the landlord within fourteen (14) days
from the date rent is due or from the date of receipt of the landlord’s written notice required pursuant to
subsection (c), whichever is later, shall be presumed to have been provided within a reasonable timeframe,
provided that notices provided on a timeframe greater than fourteen (14) days may be deemed reasonable,
depending on the totality of the circumstances.
(e)Nothing in this Ordinance shall relieve the tenant of the obligation to pay rent as it comes due after this
Ordinance expires, or of the obligation for the unpaid rent that is a Delayed Payment, payment of which the
landlord may seek after this Ordinance expires. However, with respect to any Delayed Payment covered by this
Ordinance, a tenant shall have up to one hundred and eighty (180) days after this Ordinance expires to tender
the full amount of the Delayed Payment, before the tenant shall be deemed to be in default of rent payment
obligations. The tenant shall tender the full amount of the Delayed Payment in three months (90 days) if able to
City of South San Francisco Printed on 6/22/2020Page 5 of 7
powered by Legistar™
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
do so; however, if the tenant remains unable to tender the full amount of the Delayed Payment for the reasons
set forth in Section (g), the tenant may provide the landlord another written notice and additional
documentation to support that claim and thereby extend the payment date an additional month (30 days). The
tenant may provide additional written notices and documentation each month (every 30 days) to further extend
the deadline, but under no circumstances shall the landlord be required to extend the deadline beyond one
hundred and eighty (180) days after this Ordinance expires. Further, a landlord may not charge or collect a late
fee for a Delayed Payment as defined in this Ordinance. Any three-day notices to pay or quit or no-fault
termination of tenancy notices served prior the effective date of this Ordinance but not yet expired are
automatically deemed served the day following the expiration of this Ordinance.
(f)An action taken by a landlord to evict a tenant for a Delayed Payment shall not be considered a
violation of this Ordinance where the action was taken before the tenant provided the landlord notice of the
tenant’s lost income and inability to pay full rent on the due date and provided documentation to the landlord in
accordance with this Ordinance, provided that the landlord ceases further endeavors to evict the tenant on this
basis upon receiving the notice and documentation from the tenant required in this Ordinance.
(g)(1) For purposes of this Ordinance, “Delayed Payment” includes a payment made after the time set forth
in the rental agreement between a landlord and a tenant or tenants or as otherwise agreed between the parties as
a result of “financial impacts related to COVID-19” including, but are not limited to, loss of income due to any
of the following: (1) being sick with COVID-19, or caring for a household or family member who is sick with
COVID-19; (2) lay-off, loss of hours, reduction in staff reporting to work, reduction in opening hours,
reduction in consumer demand, or other income reduction resulting from business closure or other economic or
employer impacts of COVID-19; (3) compliance with a recommendation or order from a government health
authority to close non-essential business, stay home, self-quarantine, or avoid congregating with others during
the state of emergency; (4) extraordinary out-of-pocket medical expenses; or (5) child care needs arising from
school closures related to COVID-19.
(2) To qualify as a “Delayed Payment” under this Ordinance, a tenant must notify the landlord in
writing within the time frame set forth in Section (d) above of the tenant’s lost income and inability to pay full
rent on the due date and provide documentation to support the claim within that same time frame. For purposes
of this section, “in writing” may include e-mail or text communications to a landlord or the landlord’s
representative with whom the tenant has previously corresponded by email or text. Any medical or financial
information provided to the landlord shall be held in confidence, and only used for evaluating the tenant’s
claim.
(3) Courts shall have the sole discretion to determine in an unlawful detainer action or other eviction
action whether the tenant’s written notice and documentation are sufficient to show a qualifying Delayed
Payment.
(h)For purposes of this Ordinance, “no-fault eviction” refers to any eviction for which the notice to
terminate tenancy is not based on alleged fault by the tenant, including but not limited to eviction notices
served pursuant to Code of Civil Procedure sections 1161(1) or 1161(5).
(i)For the purposes of this Ordinance, a “small business” is a business entity with gross receipts of less
than $25 million per year. For the purposes of this Ordinance, a “nonprofit” is an organization that is registered
as a California public benefit nonprofit corporation or has received federal tax exemption under Internal
Revenue Code section 501(c)(3).
City of South San Francisco Printed on 6/22/2020Page 6 of 7
powered by Legistar™
File #:20-390 Agenda Date:6/3/2020
Version:1 Item #:1a.
(j)This Ordinance provides an affirmative defense to eviction in the event that an unlawful detainer action
is commenced in violation of this Ordinance. In addition, a knowing violation of this Ordinance shall be a
misdemeanor and in the event of a knowing violation of this Ordinance, an aggrieved tenant may institute a
civil proceeding for injunctive relief, money damages of not less than three times actual damages (including
damages for mental or emotional distress as specified below), and any other relief the Court deems appropriate.
The prevailing party in such civil proceeding(s) shall be entitled to reasonable attorney’s fees and costs
pursuant to court order. The remedies available under this section shall be in addition to any existing remedies
which may be available to the tenant under local, state or federal law.
(k)The limitations on evictions imposed pursuant to this Ordinance shall apply to the statutory cause of
action for judicial foreclosure and any other statutory cause of action that could be used to evict or otherwise
eject a small business or nonprofit entity after foreclosure, consistent with and as suspended by Executive
Order N-28-20 and Executive Order N-66-20.
SECTION 4.Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the
remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be
affected thereby.
SECTION 5.Effective Date and Term.
This Urgency Ordinance shall become effectively immediate upon its adoption pursuant to California
Government Code Section 36937 and extends the effect of Ordinance No. 1598-2020 as of June 1, 2020. This
Urgency Ordinance shall expire on June 30, 2020 with the County of San Mateo’s Emergency Regulation No.
2020-001; however, if the County of San Mateo extends Emergency Regulation No. 2020-001 prior to June 30,
2020 to a future date, the term of this Urgency Ordinance shall be automatically extended to that same future
date, unless otherwise further extended or terminated early by the City Council.
SECTION 6.Compliance with the California Environmental Quality Act.
The City Council hereby finds approval of this Ordinance is exempt from the California Environmental Quality
Act (Public Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA
Guidelines”) under Section 15061(b)(3) of the CEQA Guidelines.
SECTION 7.Publication.
Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared
by the City Attorney.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1)
publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance
along with the names of those City Council members voting for and against this Ordinance or otherwise voting.
*****
City of South San Francisco Printed on 6/22/2020Page 7 of 7
powered by Legistar™