HomeMy WebLinkAboutReso 2020-203RESOLUTION NO. 2020-203
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING THE CITY’S EVICTION
MORATORIUM ORDINANCE (EMERGENCY ORDINANCE
NO. 3489-A) UNTIL SEPTEMBER 30, 2020 AND
CONSIDERATION OF POSSIBLE MODIFICATIONS TO
CITY'S EVICTION MORATORIUM RULES BASED UPON
RECOMMENDATIONS FROM THE CITY'S AD HOC
SUBCOMMITTEE OR STAFF
WHEREAS, a worldwide COVID-19 pandemic was declared by the World Health
Organization on January 30, 2020, and on January 31, 2020, the United States Secretary of Health
and Human Services also declared a Public Health Emergency as a result of the COVID-19 virus;
and
WHEREAS, various states of emergency were declared by the United States (March 13,
2020), the State of California (March 4, 2020), the County of San Diego (February 19, 2020), and
the City of Chula Vista (March 17, 2020 pursuant to City Council Resolution No. 2020 -065)
because of the threat to public safety (to persons and property including both physical and
economic harm) as result of the COVID-19 virus; and
WHEREAS, on March 12, 2020, pursuant to California Health and Safety Code sections
101040, 120175, and 120175.5 (b) the Health Officer of the County of San Diego (“Health
Officer”) issued an Order of the Health Officer and Emergency Regulations (the “County Order”)
closing certain businesses, prohibiting certain public and private gatherings, and restricting other
activities in San Diego County as a result of the COVID19 virus pandemic; and
WHEREAS, from March 18, 2020 through August 7, 2020, the County Order has been
amended and addended by the Health Officer multiple times to include additional rules and
restrictions in an effort to further promote public health and safety; and
WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No.
3484-A (“City Order”), which affirmed and adopted the County Order and authorized the Director
to expand or amend the City Order to apply to additional businesses or circumstances pursuant to
his or her independent judgment consistent with the authority provided in Chula Vista Municipal
Code section 2.14.080(F)(1); and
WHEREAS, on March 19, 2020, the Governor of California issued Executive Order N-33-
20 which ordered, among other things, all Californians to stay at home, with limited exceptions
(“State Order 33-20”); and
WHEREAS, the Governor of the State of California has stated that individuals may be
temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to
COVID-19 and individuals directly affected by COVID-19 may experience potential loss of
income, health care and medical coverage, and ability to pay for housing and basic needs, thereby
placing increased demands on already strained regional and local health and safety resources,
including shelters and food banks; and
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WHEREAS the COVID-19 pandemic, as well as physical distancing and other public
health measures undertaken in response to it, continue to affect individuals, businesses, schools,
and governmental agencies alike, with associated impacts on adherence to certain statutory and
regulatory deadlines and requirements; and
WHEREAS minimizing evictions during this period is critical to reducing the spread of
COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-
quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-
19; and
WHEREAS, in consideration of the above facts and circumstances, and others set forth
therein, the Governor of the State of California, issued Executive Order N-28-20 (dated March 16,
2020), Executive Order N-37-20 (dated March 27, 2020) and Executive Order N-71-20 (dated
June 30, 2020), pursuant to which the Governor imposed a statewide eviction moratorium, which
expired on May 31, 2020, and/or authorized local entities, including cities, to enact moratoriums
to prevent evictions (including evictions from rental or leased residential or commercial property
or as a result of judicial foreclosure) based on impacts related to the COVID-19 virus (collectively,
the “Governor’s Eviction Moratorium Orders”) with the timeframe for the protections set forth
extended through September 30, 2020; and
WHEREAS, consistent with the Governor’s Eviction Moratorium Orders, the Judicial
Council of California adopted California Rules of Court, Emergency Rules 1 and 2, effective April
6, 2020 and until such time 90 days after the State of Emergency is lifted, which suspends eviction
of tenants for any cause, unless such action is needed to protect public health and safety and stays
all actions for judicial foreclosures on mortgages and deeds of trust and extend all deadlines related
to such actions. However, on August 13, 2020 the Judicial Council of California amended
Emergency Rules 1 and 2 to sunset on September 1, 2020; and
WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Stimulus
(CARES) Act was signed into law by the United States Congress that includes under Section
4024(b) and (c) a 120-day moratorium from enactment (through July 25, 2020) on evictions for
nonpayment of rent, charging fees, penalties, or other charges against a tenant for the nonpayment
of rent, bars the issuance of a notice to vacate for any cause during the 120-day period, and requires
at least a 30 day-notice to vacate the property, effectively extending vacation of the property until
after August 24, 2020 (i.e., 120 days after enactment, plus 30 days after notice to vacate is
provided); and
WHEREAS, to alleviate concerns and burdens, as well as relieve additional stress and
uncertainty on borrowers and mortgagees impacted by the COVID-19 National Emergency, in
accordance with the CARES ACT, HUD issued guidance on April 1, 2020 and April 10, 2020,
respectively, for both single family properties and multifamily properties insured by the FHA,
Multifamily HUD loans, risk share, and HUD-held loans. As specified in Mortgage Letter 2020-
06, single family mortgagees may receive an initial forbearance period of up to 6 months for those
mortgages of owner-occupied single-family properties with up to a 90-day extension. If needed,
an additional forbearance period of up to 6 months may be requested, for a total of 12 months with
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a 90-day extension. Under Mortgage Letter 2020-09, a multifamily borrower experiencing a
financial hardship during the COVID-19 emergency may request a forbearance for up to 30 days,
with an additional two (2) extensions for a 30-day period and must provide for renter protections
during the forbearance period as set forth in Section 4024(b) and (c) of the CARES ACT. These
guidelines are in effect during the covered period of the CARES Act, which begins March 27,
2020 and continues until the earlier of the termination date of the national emergency declared by
the President on March 13, 2020 or December 31, 2020; and
WHEREAS, as a result of the public health emergency and the precautions recommended
and ordered by health authorities to address the health crisis of the COVID19 pandemic, the City
of Chula Vista, including its residents, have also been negatively impacted; and
WHEREAS, Chula Vista residents, particularly those within low wage and service
industries, are left without work and are experiencing sudden and unexpected loss of income and
health care. These households are at risk of maintaining housing and falling into homelessness and
may have limited access to health care and therefore, at greater risk of exposure to infectious
disease, such as COVID-19; and
WHEREAS, over 42 percent of the housing stock in the City of Chula Vista is rental
housing; and 44 percent of all Chula Vista renters pay more than 50 percent of their income
towards housing costs (2011-2015 CHAS); and
WHEREAS, 47 percent of Chula Vista’s households are of lower income and earn 80
percent of the Area Median Income or less ($68,000 annual income for a family of four) and 46
percent of these households pay more than 50 percent of their income towards housing costs as
renters and homeowners (2011-2015 CHAS); and
WHEREAS, even before the COVID-19 pandemic, there existed a lack of affordable
housing in the State of California, including San Diego County
(https://www.gov.ca.gov/2019/03/11/governor-newsom-announces-legislative-proposalsto-
confront-the-housing-cost-crisis/); and
WHEREAS, given existing income levels of Chula Vista residents and the existing high
cost of housing in San Diego County prior to the COVID-19 pandemic, any further reductions in
income would further exacerbate existing housing affordability issues; and
WHEREAS, in consideration of the above facts and circumstances, and consistent with the
Governor’s Eviction Moratorium Orders, the City of Chula Vista adopted its own Eviction
Moratorium on the terms set forth in Ordinance 3483A (the “City Eviction Moratorium”) to
provide eviction protections during this volatile period of time for vulnerable residents and
commercial enterprises; and
WHEREAS, Amendments to the City Eviction Moratorium were made on April 7, 2020 to
remain consistent with Executive Order N-37-20, provide greater clarity to tenants and landlords
in implementing the eviction moratorium and protections provided thereby, and extend the
moratorium through May 31, 2020; and
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WHEREAS, the City Manager, acting as the Director of Emergency Services, has
additionally signed Order 03-2020 approving and adopting Eviction Moratorium Regulations (the
“Regulations”) to assist in implementing the City Eviction Moratorium, effective April 1, 2020;
and
WHEREAS, in light of the continuing adverse conditions in the community as a result of
the COVID-19 pandemic, the City’s Eviction Moratorium providing protections afforded to
tenants and homeowners against eviction or foreclosure as set forth in Ordinance No. 3489-A of
the City of Chula Vista has been amended to extend it in one month increments and through August
31, 2020; and
WHEREAS, since the last extension of the City’s Eviction Moratorium, the following has
occurred:
(1) On August 13, 2020, the United States Department of Labor reported an insured
unemployment rate of 10.4 percent as of August 1, 2020. Initial unemployment insurance
claims of state programs totaled 831,856 in the week ending August 8, compared to
186,914 initial claims in the comparable week in 2019, representing a 345 percent increase.
For the week ending July 25, 2020 California was among the highest insured
unemployment rates in the nation at 16 percent, ranking the 6th highest
(https://www.dol.gov/ui/data.pdf);
(2) A study by San Diego Workforce Partnership reported that San Diego County may lose
up to 350,000 jobs as a result of the COVID-19 virus
(https://workforce.org/news/potential-impact-of-covid-19-on-employment-insan-diego-
county/);
(3) As of August 7, 2020, SANDAG reported the unemployment rate for the San Diego
region has stabilized at a high rate of 14 percent, with roughly 240,000 unemployed people
in the region, compared to about 50,000 pre-COVID. It is anticipated that with the increase
in COVID-19 cases leading to a reversal in re-openings and closures beginning July 1,
2020 of bars, breweries, and wineries that do not serve food, and a stop of indoor operations
of restaurants, wineries, movie theaters, family entertainment centers (including bowling
alleys, miniature golf, batting cages, and arcades), zoos, museums, and card rooms on July
6, 2020, unemployment will also rise. Together, these activities represent more than
160,000 jobs, or 11 percent of the region’s employment pre-COVID. With funding from
Paycheck Protection Program loans and State and local assistance nearing exhaustion, there
is risk of another wave of layoffs. Chula Vista’s unemployment rate (based on zip code)
is higher than the regions. As of July 25, 2020, zip code 91911 (Chula Vista, South) is one
of the most affected zip codes with both the highest number of COVID-19 cases and the
highest estimated unemployment rates
(https://www.sandag.org/uploads/publicationid/publicationid_4699_27884.pdf);
(4) As of August 19, 2020, there were 638,831 confirmed cases in California, including
35,376 cases in San Diego County or 5.5 percent of the total cases and 638 deaths. San
Diego County reported 1,055 cases per 100,000 on August 19, 2020. Chula Vista’s rates
of infection have been among the highest in San Diego County, with 4,515 positive
COVID-19 cases, representing 12.9 percent of the County’s cases, and reporting 1,663.5
cases per 100,000 well above the San Diego County rate; and
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(5) A total of $1.45 million has been allocated from the City’s housing funds ($1 million
in Federal HOME Investment Partnership Program and $250,000 in Low and Moderate
Income Housing Asset funds) and County of San Diego CARES funding ($200,000)
towards tenant based rental assistance for lower income households financially impacted
by COVID-19.
WHEREAS, with continued rising positive COVID-19 cases in San Diego County and
Chula Vista, further economic impacts are anticipated to continue beyond August 31, 2020,
leaving tenants (both commercial and residential) vulnerable to eviction; and
WHEREAS, the action proposed by this Resolution seeks to amend the City Eviction
Moratorium to extend it through September 30, 2020; and
WHEREAS, extensions of the City Eviction Moratorium by City Council Resolution are
authorized pursuant to Section I.8 thereof (Emergency Ordinance No. 3489-A); and
WHEREAS, in the interest of protecting the public health, safety and welfare, preventing
further transmission of COVID-19 within the community, preventing unnecessary housing
displacement, protecting the City’s affordable housing stock, preventing further hardship on
commercial businesses, the City Council finds that it is necessary, appropriate, and in the best
overall interests of the community to extend the City Eviction Moratorium.
NOW, THEREFORE, based on the facts, circumstances and findings set forth above, the
City Council of the City of Chula Vista hereby resolves as follows:
1. The City Eviction Moratorium (Emergency Ordinance No. 3489-A) is hereby extended
until September 30, 2020.
2. City staff is authorized and directed to take all necessary and appropriate measures to
implement this action.
3. As circumstances warrant, the City Eviction Moratorium, or any City regulations issued
to implement same, may be modified, further extended or earlier terminated, either by
Emergency Order, issued by the City’s Director of Emergency Services, and/or City
Council Resolution.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Maria V. Kachadoorian Glen R. Googins
City Manager/Director of Emergency Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of August 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: McCann
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-203 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 25th day of August 2020.
Executed this 25th day of August 2020.
Kerry K. Bigelow, MMC, City Clerk
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