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City of San Leandro <br />Meeting Date: September 7, 2021 <br />Staff Report <br />Agenda Section:File Number:21-482 ACTION ITEMS <br />Agenda Number:10.B. <br />TO:City Council <br />FROM:Fran Robustelli <br />City Manager <br />BY:Tom Liao <br />Community Development Director <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a City of San Leandro City Council Urgency Ordinance <br />Amending Ordinance No. 2020-003 to Change the Termination Date of the <br />Moratorium on Evictions Due to Nonpayment of Rent for Commercial Tenants <br />Where the Failure to Pay Rent is from Income Loss Resulting from the Novel <br />Coronavirus (COVID-19) to Align with the State of California’s Commercial <br />Eviction Moratorium <br />SUMMARY AND RECOMMENDATIONS <br />Staff recommends that the City Council approve and adopt an Urgency Ordinance Amending <br />Ordinance No. 2020-003 to Change the Termination Date of the Moratorium on Evictions Due to <br />Nonpayment of Rent for Commercial Tenants Where the Failure to Pay Rent is from Income Loss <br />Resulting from the Novel Coronavirus (COVID-19) to align with the State of California <br />Commercial Eviction Moratorium, which is scheduled to expire September 30, 2021. <br />BACKGROUND <br />On March 4, 2020, Governor Newsom proclaimed a state of emergency in California, and on <br />March 16, 2020 the San Leandro City Council ratified the Director of Emergency Services’ <br />proclamation of a local emergency related to the novel Coronavirus (“COVID-19”). <br />On March 16, 2020, under Executive Order N-28-20, the Governor allowed individual cities and <br />counties to enact eviction moratoriums to protect residents and commercial tenants suffering <br />COVID-19 related financial hardship. The Executive Order suspended provisions of state law that <br />would preempt or otherwise restrict a local government’s exercise of its police power to impose <br />substantive limitations on residential and commercial evictions due to specified financial burdens <br />caused by COVID-19. The pertinent portions of Executive Order N-28-20 related to commercial <br />evictions have been extended several times, most recently through September 30, 2021 via <br />Executive Order N-08-21. <br />On March 23, 2020, the City of San Leandro City Council adopted an Urgency Ordinance <br />Page 1 City of San Leandro Printed on 9/2/2021 <br />500