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HomeMy WebLinkAbout2020-04-07 eCommentsCity Council Meeting 04-07-20 17:00 Agenda Name Comments Support Oppose Neutral 2. 20-0121 A. ORDINANCE OF THE CITY OF CHULA VISTA (1) ENACTING A TEMPORARY MORATORIUM ON EVICTIONS DUE TO A NONPAYMENT OF RENT FOR RESIDENTIAL AND COMMERCIAL TENANTS WHERE THE FAILURE TO PAY RENT RESULTS FROM INCOME LOSS RESULTING FROM THE NOVEL CORONAVIRUS (COVID-19); AND (2) TRIGGERING THE SUSPENSION OF FORECLOSURE REMEDIES THAT COULD LEAD TO EVICTION UNDER SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE ORDER N-28-20 (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA ORDERING THE TEMPORARY CLOSURE OF CERTAIN BUSINESSES AND ACTIVITIES, INCLUDING BARS, OTHER ALCOHOL SERVING ESTABLISHMENTS, AND ON-SITE DINING SERVICES; PROHIBITING CERTAIN PUBLIC OR PRIVATE GATHERINGS OF 50 OR MORE PEOPLE; AND RELATED RESTRICTIONS, ALL AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN MARCH 16, 2020 AMENDED ORDER AND EMERGENCY REGULATIONS OF THE SAN DIEGO COUNTY HEALTH OFFICER (SECOND READING) 8 1 2 5 PUBLIC COMMENTS 2 0 0 0 12. 20-0129 EMERGENCY ORDINANCE AMENDING EMERGENCY ORDINANCE 3483A OF THE CITY OF CHULA VISTA (1) ENACTING A TEMPORARY MORATORIUM ON EVICTIONS DUE TO A NONPAYMENT OF RENT FOR RESIDENTIAL AND COMMERCIAL TENANTS WHERE THE FAILURE TO PAY RENT RESULTS FROM INCOME LOSS RESULTING FROM THE NOVEL CORONAVIRUS (COVID-19); (2) TRIGGERING THE SUSPENSION OF FORECLOSURE REMEDIES THAT COULD LEAD TO EVICTION UNDER SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE ORDER N-28-20; AND (3) ENSURING CONSISTENCY WITH GOVERNOR NEWSOM'S EXECUTIVE ORDER N-37-20 9 (FIRST READING AND ADOPTION) (4/5 VOTE REQUIRED) 2 0 0 2 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 2. 20-0121 A. ORDINANCE OF THE CITY OF CHULA VISTA (1) ENACTING A TEMPORARY MORATORIUM ON EVICTIONS DUE TO A NONPAYMENT OF RENT FOR RESIDENTIAL AND COMMERCIAL TENANTS WHERE THE FAILURE TO PAY RENT RESULTS FROM INCOME LOSS RESULTING FROM THE NOVEL CORONAVIRUS (COVID-19); AND (2) TRIGGERING THE SUSPENSION OF FORECLOSURE REMEDIES THAT COULD LEAD TO EVICTION UNDER SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE ORDER N-28-20 (SECOND READING) B. ORDINANCE OF THE CITY OF CHULA VISTA ORDERING THE TEMPORARY CLOSURE OF CERTAIN BUSINESSES AND ACTIVITIES, INCLUDING BARS, OTHER ALCOHOL SERVING ESTABLISHMENTS, AND ON-SITE DINING SERVICES; PROHIBITING CERTAIN PUBLIC OR PRIVATE GATHERINGS OF 50 OR MORE PEOPLE; AND RELATED RESTRICTIONS, ALL AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN MARCH 16, 2020 AMENDED ORDER AND EMERGENCY REGULATIONS OF THE SAN DIEGO COUNTY HEALTH OFFICER (SECOND READING) Overall Sentiment Aurora Murillo Location: Submitted At: 12:02am 04-08-20 I am a single mom, a very small business owner, and a Chula Vista resident. In this ordinance, tenants are lead to believe they are not under any obligation to pay any part of the rent even if they have the means to do so. There is nothing to promote communication and to work together in a manner in which neither faces having to produce three mortgage/ rent payments as soon as this pandemic ends. Granting the tenant thirty days to notify me that they are not going to pay, ties my hands, eliminating any possibility for me to act within a timely manner to secure cash to provide food for my family. There is a need for a cap on the amount tenants will owe the homeowner, I believe that in times of struggle minimizing the amount owed will make it easier for both parties to be able to work out a reasonable re-payment plan. In my experience when the tenant owes more than one month in rent they most likely chose to try to leave without notice to avoid paying any amount. By placing a cap both parties will be more willing to communicate and negotiate a sound plan that will bring mutual benefit. Please consider the changes needed to bring together the citizens of Chula Vista. Craig Benedetto Location: Submitted At: 11:33pm 04-07-20 On behalf of BOMA, NAIOP and BIA San Diego, we would respectfully request that the Council not adopt the proposed ordinance, as we believe it is not necessary. The Governor's office has issued an executive order regarding residential real estate and the California Judicial Council, which includes all courts in California, has issued a moratorium on unlawful detainer actions (e.g. evictions) for 90 days FOLLOWING the end of the public health emergency. If the Council chooses to act, we would ask that the draft be sent back to staff for revisions given the numerous issues contained in the current draft. First, and foremost, in addition to it no longer being necessary given statewide action, it is inconsistent with those state orders and guidance, as well as what many local jurisdictions are adopting. The concerns we have are: 1) notification should occur on or prior to rent being due, 2) one week should be required for providing evidence, 3) contradictory language about rent being due should be eliminated to make it clear rent is owed, 4) language should be added that rent is due if the tenant chooses to move out, 5) the termination dates should be made consistent and end on May 31, 2020. We understand these are difficult and uncertain times. Given this, and the desire to maintain our tenants, our members are not trying to evict tenants due to this crisis. We are working with them and look forward to working with you on helping while minimizing unintended consequences. Jordan Mills Location: Submitted At: 11:15pm 04-07-20 An eviction moratorium does not adequately address the long-term financial impacts that the crisis will have on working families in San Diego! There is a growing movement of people and community organizations are demanding: 1. Pass a resolution supporting the the statewide call (https://bit.ly/348F7cx) to cancel all rents, mortgages for homeowners, small landlords and small business, for the duration of the Pandemic; no accumulation of debt; 2. The restoration of utilities for households that are currently shut off for lack of ability to pay. 3. Use of eminent domain over vacant buildings, homes, hotels, all appropriate structures to house the homeless or people in precarious housing situations, including the undocumented and victims of domestic violence. 4. Create a public board to provide immediate economic relief to undocumented workers in the city and county with no reprisals. They are a mainstay of the local economy, in farm labor and packinghouse work, construction, restaurants, hotels, landscaping, factory, childcare, domestic work and more. They must be granted emergency income or employment until the Pandemic crisis is over. They lack eligibility for the CARES Act relief and other benefits like Social Security or Unemployment, due to Congress’s failure to provide legalization for our brothers and sisters. Many of their children are U.S.-born citizens. Our statement: https://forms.gle/7MSVLWZ17dLryVTB6 Willow Lark Location: Submitted At: 10:01pm 04-07-20 I write as a resident of Chula Vista. An eviction moratorium does not adequately address the long-term financial impacts that the crisis will have on working families in San Diego! There is a growing movement of people and community organizations are demanding: 1. Pass a resolution supporting the the statewide call (https://bit.ly/348F7cx) to cancel all rents, mortgages for homeowners, small landlords and small business, for the duration of the Pandemic; no accumulation of debt; 2. The restoration of utilities for households that are currently shut off for lack of ability to pay. 3. Use of eminent domain over vacant buildings, homes, hotels, all appropriate structures to house the homeless or people in precarious housing situations, including the undocumented and victims of domestic violence. 4. Create a public board to provide immediate economic relief to undocumented workers in the city and county with no reprisals. They are a mainstay of the local economy, in farm labor and packinghouse work, construction, restaurants, hotels, landscaping, factory, childcare, domestic work and more. They must be granted emergency income or employment until the Pandemic crisis is over. They lack eligibility for the CARES Act relief and other benefits like Social Security or Unemployment, due to Congress’s failure to provide legalization for our brothers and sisters. Many of their children are U.S.-born citizens. Our statement: https://forms.gle/7MSVLWZ17dLryVTB6 Jose Cortes Location: Submitted At: 9:40pm 04-07-20 An eviction moratorium does not adequately address the long-term financial impacts that the crisis will have on working families in San Diego! There is a growing movement of people and community organizations are demanding: 1. Pass a resolution supporting the the statewide call (https://bit.ly/348F7cx) to cancel all rents, mortgages for homeowners, small landlords and small business, for the duration of the Pandemic; no accumulation of debt; 2. The restoration of utilities for households that are currently shut off for lack of ability to pay. 3. Use of eminent domain over vacant buildings, homes, hotels, all appropriate structures to house the homeless or people in precarious housing situations, including the undocumented and victims of domestic violence. 4. Create a public board to provide immediate economic relief to undocumented workers in the city and county with no reprisals. They are a mainstay of the local economy, in farm labor and packinghouse work, construction, restaurants, hotels, landscaping, factory, childcare, domestic work and more. They must be granted emergency income or employment until the Pandemic crisis is over. They lack eligibility for the CARES Act relief and other benefits like Social Security or Unemployment, due to Congress’s failure to provide legalization for our brothers and sisters. Many of their children are U.S.-born citizens. Our statement: https://forms.gle/7MSVLWZ17dLryVTB6 Zachary Farber Location: 92110, San Diego Submitted At: 9:26pm 04-07-20 An eviction moratorium does not adequately address the long-term financial impacts that the crisis will have on working families in San Diego! There is a growing movement of people and community organizations are demanding: 1. Pass a resolution supporting the the statewide call (https://bit.ly/348F7cx) to cancel all rents, mortgages for homeowners, small landlords and small business, for the duration of the Pandemic; no accumulation of debt; 2. The restoration of utilities for households that are currently shut off for lack of ability to pay. 3. Use of eminent domain over vacant buildings, homes, hotels, all appropriate structures to house the homeless or people in precarious housing situations, including the undocumented and victims of domestic violence. 4. Create a public board to provide immediate economic relief to undocumented workers in the city and county with no reprisals. They are a mainstay of the local economy, in farm labor and packinghouse work, construction, restaurants, hotels, landscaping, factory, childcare, domestic work and more. They must be granted emergency income or employment until the Pandemic crisis is over. They lack eligibility for the CARES Act relief and other benefits like Social Security or Unemployment, due to Congress’s failure to provide legalization for our brothers and sisters. Many of their children are U.S.-born citizens. Our statement: https://forms.gle/7MSVLWZ17dLryVTB6 Best, Zachary Farber Mitch Thompson Location: Submitted At: 9:00pm 04-07-20 1. Section I(1) (A) makes it unlawful for a landlord to issue a notice to Pay Rent or Quit if he “knows” that a tenant cannot pay the rent. “Knowing” is defined as receiving a notice within 30 days after the date the rent is due. Does that mean landlords are simply prohibited from issuing a 3 day notice until 30 days after the rent is due since one cannot know if a tenant will submit a notice until 30 days have passed? Or, can a landlord issue a 3 day notice on the fifth day of the month, as is customary, if no notice of income drop is received from the tenant by the owner? 2. There is no means test regarding partial rental payments in the Ordinance. With the adoption of implementing regulations (Item 12) a drop of 30% of the tenant’s prior income will be that test. If their income has dropped less than 30%, it is presumed that a tenant is not protected under the ordinance and can be evicted for non-payment of the full rent during the moratorium period. Is that true? Juliana Gabriel Location: Submitted At: 8:40pm 04-07-20 An eviction moratorium does not adequately address the long-term financial impacts that the crisis will have on working families in San Diego! There is a growing movement of people and community organizations are demanding: 1. Pass a resolution supporting the the statewide call (https://bit.ly/348F7cx) to cancel all rents, mortgages for homeowners, small landlords and small business, for the duration of the Pandemic; no accumulation of debt; 2. The restoration of utilities for households that are currently shut off for lack of ability to pay. 3. Use of eminent domain over vacant buildings, homes, hotels, all appropriate structures to house the homeless or people in precarious housing situations, including the undocumented and victims of domestic violence. 4. Create a public board to provide immediate economic relief to undocumented workers in the city and county with no reprisals. They are a mainstay of the local economy, in farm labor and packinghouse work, construction, restaurants, hotels, landscaping, factory, childcare, domestic work and more. They must be granted emergency income or employment until the Pandemic crisis is over. They lack eligibility for the CARES Act relief and other benefits like Social Security or Unemployment, due to Congress’s failure to provide legalization for our brothers and sisters. Many of their children are U.S.-born citizens. Our statement: https://forms.gle/7MSVLWZ17dLryVTB6 Agenda Item: eComments for PUBLIC COMMENTS Overall Sentiment Sheree Kansas Location: Submitted At: 11:58pm 04-07-20 COMMENT SUBMITTED BY ELONA TAYLOR AT 4/7/2020 1:25 PM Many low income seniors are on mandatory stay at home orders. How is the city helping to get food and supplies to them. Many are too afraid to even go outside. Some are caring for a spouse or other family member. Please help to get food and supplies to them. We see in the news all the help homeless people are getting but what about seniors who are so vulnerable. Please help. Cristina Hernandez Location: Submitted At: 11:10pm 04-07-20 COMMENT SUBMITTED BY LAURA WILKINSON AT 04/07/2020 2:51:00 PM Thank you for your leadership during this crisis. The fact that Councilman Padilla is now at home recovering after battling COVID-19 in the ICU is so, so heartening and uplifting. So many of us wept with his recovery - it gave us hope after such devastation. People will have a new economic reality for months to come, and anything you can do to put a list of resources together for people who have no jobs or hope of one, for businesspeople devastated - any information and guidance is helpful. Thank you again and God Bless. And wash your hands! Agenda Item: eComments for 12. 20-0129 EMERGENCY ORDINANCE AMENDING EMERGENCY ORDINANCE 3483A OF THE CITY OF CHULA VISTA (1) ENACTING A TEMPORARY MORATORIUM ON EVICTIONS DUE TO A NONPAYMENT OF RENT FOR RESIDENTIAL AND COMMERCIAL TENANTS WHERE THE FAILURE TO PAY RENT RESULTS FROM INCOME LOSS RESULTING FROM THE NOVEL CORONAVIRUS (COVID-19); (2) TRIGGERING THE SUSPENSION OF FORECLOSURE REMEDIES THAT COULD LEAD TO EVICTION UNDER SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE ORDER N-28-20; AND (3) ENSURING CONSISTENCY WITH GOVERNOR NEWSOM'S EXECUTIVE ORDER N-37-20 9 (FIRST READING AND ADOPTION) (4/5 VOTE REQUIRED) Overall Sentiment Aurora Murillo Location: Submitted At: 12:11am 04-08-20 I would like to have this first reading of this ordinance to reflect the need for a balanced answer to the issues that tenants and homeowners are facing. Not all landlords are billionaires. Some of us live month to month from the only income source that is our rental house. Granting tenants more than one month's worth of debt to be carried by us/ me, will increase the possibility of losing both properties. I am sure this is not what most of you want for any of the citizens of Chula Vista. Please read the letter I emailed most of you, consider making necessary revisions before you do the second reading. Thank you. Mitch Thompson Location: Submitted At: 8:57pm 04-07-20 Below are my continuing issues with the Ordinance and the implementing regulations: 1. Section I(1) (A) makes it unlawful for a landlord to issue a notice to Pay Rent or Quit if he “knows” that a tenant cannot pay the rent. “Knowing” is defined as receiving a notice within 30 days after the date the rent is due. Does that mean landlords are simply prohibited from issuing a 3 day notice until 30 days after the rent is due since one cannot know if a tenant will submit a notice until 30 days have passed? Or, can a landlord issue a 3 day notice on the fifth day of the month, as is customary, if no notice of income drop is received from the tenant by the owner? 2. There is no means test regarding partial rental payments in the Ordinance. With the adoption of implementing regulations (Item 12) a drop of 30% of the tenant’s prior income will be that test. If their income has dropped less than 30%, it is presumed that a tenant is not protected under the ordinance and can be evicted for non-payment of the full rent during the moratorium period. Is that true? Mitch Thompson