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File Number: 21-483 <br />nonpayment of rent for tenants where the failure to pay rent is from income loss resulting from <br />COVID-19; and <br />WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21 that extended the <br />portions of Executive Order N-28-20 concerning commercial evictions only until September 30, <br />2021; and <br />WHEREAS, the suspension of any provision of state law that would preempt or otherwise restrict <br />the City’s exercise of its police power to impose substantive limitations on commercial evictions <br />due to specified financial burdens caused by COVID-19 will expire on September 30, 2021; and <br />WHEREAS, the City Council desires to align the City’s commercial eviction moratorium with the <br />expiration of the Governor’s Executive Order N-28-20 authorizing local jurisdictions to enact <br />commercial eviction moratoriums, and finds that it is in the public interest to align with the <br />timelines of the Governor’s order, as amended from time to time, for consistency, certainty, and <br />efficiency; and <br />WHEREAS, San Leandro Municipal Code section 1-1-345(b) authorizes the City Council to <br />introduce and adopt an ordinance it declares to be necessary as an emergency measure to <br />preserve the public peace, health, and safety at one and the same meeting; and <br />WHEREAS, this Ordinance is intended to promote consistency and certainty for commercial <br />tenants and property owners in San Leandro by aligning the City’s ordinance with the expiration of <br />the protections authorized by Executive Order N-28-20; and <br />WHEREAS, the City Council finds and determines that regulating the relations between <br />commercial landlords and tenants is essential to preventing the spread of COVID-19 in the City <br />and thereby serves the public peace, health, welfare and safety; and <br />WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the <br />immediate threat to public peace, health, welfare, and safety as failure to adopt this urgency <br />ordinance could result in the avoidable displacement due to confusion regarding the expiration of <br />the protections for commercial tenants authorized by Executive Order N-28-20. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO, DOES <br />HEREBY ORDAIN AS FOLLOWS: <br />SECTION 1. Findings The City Council of the City of San Leandro finds that all Recitals are true <br />and correct and incorporated herein by reference. <br />SECTION 2. Urgency Findings <br />The City Council of the City of San Leandro hereby finds that there is a current and immediate <br />threat to the public health, safety and welfare and a need for immediate preservation of the public <br />peace, health, welfare and safety that warrants this urgency ordinance, which is based upon the <br />facts stated in the recitals above, and in the staff report dated September 7, 2021, as well as any <br />oral and written testimony at the September 7, 2021 City Council meeting. This Ordinance is <br />declared by the City Council to be an urgency measure necessary for the immediate preservation <br />of the public peace, health, welfare, and safety. <br />SECTION 3. Amendment to Commercial Eviction Moratorium <br />The City Council hereby amends Section 5 of Ordinance No. 2020-003 to read as follows (with <br />additions underlined an deletions in strikethrough): <br />“SECTION 5. Effective Date <br />This Urgency Ordinance shall become effective immediately upon its adoption <br />pursuant to City of San Leandro Municipal Code section 1-1-345(b) and shall <br />remain in effect as follows: <br />1. As to the portions concerning commercial tenants, until September 30, 2021 or <br />Page 2 City of San Leandro Printed on 9/2/2021 <br />506