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Public Comments Received 03/24/20 Council MeetingJennifer K~Hall Mayor and City Councill Theresa Bass Monday, March 23'2O2Q1O:03AM HarrySidhu (Mayor); Jordan Brandma/T Trevor O'Neil; Lucille Ning;]ose K4onencx Denise Barnes; Stephen Faesse| Justin Glover; Salvador Figueroa; Nam BoMash;Amanda Edinger; Samantha Saeuz;Annie Mezzaoappa;Ahanna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak;Mahso|Ramirez; Chris Zapata; Gregory Garcia; David Be|mec Robert Fabe|cx Kristin Pelletier; Lisa Hughes; Jennifer L Hall; Mike Lvster Public Comments Council Meeting March 24,2020 Pub|ic[omment[[M032420_DisLributedO32320_O1.pdf Attached are public comments (8 emails) received as of 10am, Monday March 23, 2020 related to Item No. 11 and 12 (COVID-19) on March 24 Council Agenda. If you have any questions, please don"t hesitate to contact me. Thanks, Theresa Theresa Bass, CMC City Clerk CityqfAnoheim 200 S. Anaheim Blvd. #217 Anaheim, CA 92805 PPEs for Healthcare workers PPEs for Healthcare workers Catherine Enriquez Sent:Sunday, March 22, 2020 2:23 PM To: Public Comment Page I of 1 Item # . e1�,. Distributed to majority of CNY puncil within 72 hours of meeting. I am writing to ask that you take all necessary actions to ensure that healthcare providers have immediate access to personal protective equipment (PPE), ventilators and other lifesaving equipment necessary for our response to the COVID-19 pandemic. As a critical/progressive care nurse, I have the knowledge and expertise to save lives during this national health crisis. To do this, I must have the correct equipment to care for my patients and be safe in my work environment. In the absence of appropriate PPE, I put myself, my family and others at risk for exposure. Your urgent action is vital to provide the equipment I need to care for my patients, the people we both have pledged to serve. A significant number of your constituents infected with this virus will become critically ill and experience severe respiratory distress. Many will require mechanical ventilation, a machine that does the work of breathing for patients with damaged lungs. Emergency medications and equipment will also be needed to support the patients' heart and blood pressure while they fight the virus. In the absence of adequate access to ventilators and other life-saving equipment, patients who could be saved will die. We are counting on you to act now to give us the resources we need. Please partner with us to combat COVI D-19. Without your support and action, our country faces a devastating loss of 1 ives . Sincerely, CJ Enriquez https:Ilcityofanaheim.netlowal?ae=Item&t =IPM.Note&id=Rg CI y2MMMGSQL... 3/23/2020 Re: senior and housing Fie: senior and housing Sue Freeman sent:Thursday, March 19, ZUZU 8:26 PM To: Public Comment Hello and thank you. Page 1 of 1 Item # J -L .Distributed to majority of Cit C uncii within 72 hours of meeting. Can you tell me what should happen with senior apartment independent living complexes where the seniors provide all item such as cooking, cleaning, health care for themselves. The complex provides laundry services and maintenance services_ Also what about the staff of those complexes when it is 10 or less employees total? And what if a staff member or resident would come down with CaVID 19 while at the complex; what should take place then with that person and all of the people and apartments around them. Thank you and I pray that all of you remain safe and healthy. Susan Sent from my iPhone https:Hcityofanaheim.netlowal?ae=Item&t=IPM.Note&id=RgAAAACK y2MMMGSQL... 3/2312020 Re: Why so slow Re: why So slow Therese Den beck _ Senffriday. March 20. 2020 5:09 AM To: Public Comment Page I of I Item #Distributed to majority of Cit C oncil within 72 hours of 3dzflZmeeting. I can't believe you are so slow on this.. I only paid 50.00 and the money I have available is questionable. Santa Ana declared it early this week. Therese Denbeck Sent from my T Mobile 4G LSE device https://cityofanaheim.netlowa/?ae=Item&t=IPM.Note&id=RgAAAACKXy2MMMGSQL... 3/23/2020 Help during coronavirus "Stay at Home Order" Help during coronavirus "Stay at Home Order"' Denise Thomas _ Sent:Saturday, March 21, 2420 4:09 PM T To: Public Comment Dear Mayor and City Council, Good Morning, Page 1 of 1 Item # �_ .Distributed to majority of CiAy until within 72 hours of 3 cPr;-U meeting. The City of Anaheim generally does a pretty good job of navigating changes. Currently, those that have stayed 28 days in Anaheim motels, even the elderly, those that feel ill, pregnant women and children are forced to relocate during the statewide "Stay at Home" order. These individuals, through no fault of their own, have gotten stuck because of old laws put on the books to address other city issues. To move needlessly during this time of Pandemic exposes fragile Orange County residents to those that travel internationally. I would beg that this ordinance be stayed for a period of 60 days until the worsening epidemic is contained, then put back in place as the council sees fit. Thank you for your kind consideration, Denise Thomas https://cityofanaheim.net/owa/?ae=Item&t=IPM.Note&id=RgAAAACKXy2MMMGSQL... 3/23/2020 Small Business Rent Freeze Small Business Rent Freeze Patrick now Sent: Friday, March 20, 2020 7:24 AM To: Public Comment Page I of I Item # /9= Distributed to majority of Cty qouncil within 72 hours of a '- I aD meeting. We have owned and operated the only Tourist Information Center in Anaheim since 2003. we need assistance to keep our business alive. we want to be part of the tourism recovery effort too. we work with Disneyland, Universal Studios, Knott's, and all the other so cal theme parks, animal parks, museums, tour companies, dinner shows, and cruises. We provide tourist information, ticket sales, and foreign currency exchange. We provide assistance and visitor information for all the hotels, car rental agencies, shops, and restaurants in the resort area. Please consider this and provide us relief for us to keep our staff employed and our business open. we are located at 1650 S Harbor Blvd at the Grand Legacy Hotel and are extremely impacted by the Covid 19 crisis_ Patrick Cleaver Director of Sales Discount Tickets & Tours https:lleityofanaheim.net/owa/?ae=Item&t=IPM.Note&id=Rg CKXy2MMMGSQL... 312312020 Paying rents issue Paying rents issue Candy Sent:Thursday. March 19, 2020 8:32 PM To: Public Comment Good morning This is Dulce Porto, full time legal assistant. Page I of I Item # distributed to majority of Cit C uncia within 72 hours of 3 20 meeting. As of the news and orders right now is calling for us to remain home until further notice, how can I'll be able to pay my apt rent and cover my expenses and I've a dependent (my 67 years old father who is getting a monthly doctor check and medicine refill due to his heart pacemaker). Ido I've to stay home or go work, I'm using the public bus to go work. Also I've read about the checks they plan to send, I'm a Daca recipient, am I eligible of receiving that kind of check? I'll be appreciated if you can answer me. Thank you Dulce Porto https://cityofanaheim.net/owa/?ae=Item&t=IPM.Note&id=RgAAAACKXy2MMMGSQL... 3/23/2020 Untitled. Message cha ntou K Sent:Thursday, March 19,, 2020 7:31 PM To: Public Comment Page I of I Item # A. _. Distributed to majority of Cat Co ncil within 72 hours of /I- �Omeeting. Is there a possibility to put our payment on hold (freeze)? Than for all to pick it back up when this pandemic resolve. For my gym they we're able to freeze my account when I have surgery. Than resume the normal pay after 3 months when I got better. Thank you for reading. Sent from my iFhone https://cityofanaheim.net/owa/?ae=Item&t=IPM-Note&id=Rg CI y2MMMGSQL... 3/2312020 Credit adversely impacted Credit adversely impacted Linda S Husser Sent:Monday, March 23, 2020 7:05 AM To: Public Comment Hello! Page I of I Item # IX,_. Distributed to majority of CCgi unci) within 72 hours of 3Y--Al(le2-0 meeting. I F Thanks so much for having this forum! As a hairstylist who has no income coming in at this time, I don't have the ability to pay my rent. How is our credit going to be impacted? Will landlords and creditors be able to put late payments on our credit reports? Thank you! https:Ucityofanaheim.nedowa/?ae=Item&t=IPM.Note&id=RgAAAACKXy2MMMGSQL... 3/23/2020 Jennifer K~Hall Mayor and City Councill Theresa Bass Monday, March 23'2O2Q4:4OPM HarrySidhu (Mayor); Jordan Brandma/T Trevor O'Neil; Lucille Ning;]ose K4onencx Denise Barnes; Stephen Faesse| Justin Glover; Salvador Figueroa; Nam BoMash;Amanda Edinger; Samantha Saeuz;Annie Mezzaoappa;Ahanna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak;Mahso|Ramirez; Chris Zapata; Gregory Garcia; David Be|mec Robert Fabe|cx Kristin Pelletier; Lisa Hughes; Jennifer L Hall; Mike Lvster Public Comments Council Meeting March 24`2O2O(2ndDistribution) Pub|ic[omment[[M032420_DisLributedO32320_02.pdf Attached isone (I)additional public comment received asof4:3Opn, Monday March 23,2O2Orelated toItem No. 12 and 12 (COVID-19) on March 24 Council Agenda. If you have any questions, please don"t hesitate to contact me. Thanks, Theresa Theresa Bass, CMC City Clerk CityqfAnoheim 200 S. Anaheim Blvd. #217 Anaheim, CA 92805 COVID 19 - STR TOTS Page I of I COVI D 19 - STR TOTS Trevor Moylan Sent: Monday, March z.5, zuzu i: --)o vivi To: Public Comment Hello, I am writing you today to request a deferment on all TOT payments starting immediately for short term rentals. I manage 6 STRs in Anaheim and we have been receiving mass cancellations starting from mid February through August. When a guest cancels, I have to refund them their payment in whole as they are in hardship as well.. My accounts are running low and I am doing my best to pay my 2 salary employees and my 3 hourly employees. We also have 8 individuals who clean our houses and work in crews of 2-3, our service techs along with all of the other expenses that go into running a business and having a family. I am doing my best to support my whole team during this very tumultuous time. I have had ALL bookings cancel from 3/12/20-4/30/20 and as mentioned, guest cancelling as far out as August. I can help my team out for another month or two if I can receive some relievement on paying TOTS. This will go far for my team and will give us the opportunity to be up and running with our staff in place once our society can get a handle on this situation. We have been great citizens to the City of Anaheim, paying out taxes, bringing in tourism, fixing up dilapidated homes and always supporting local vendors and shops. We give all guests a guidebook and direct them to all of the amazing small businesses in Anaheim. Again, we hope we can. receive some relief. We look forward to Anaheim and Anaheim tourism thriving once again and we will always do our part. Thank you for you time. Stay safe and stay clean. Best Regards, Trevor Moylan https://cityofanaheim.net/owa/?ae=ltem&t=IPM.Note&i.d=RgAAAACKXy2MMMGSQL... 3/23/2020 Item #.k� � � —. Distributed to majority of City Council within Jennifer L. Hall 72 haurs af -�l+; From: Sent: To: Cc: Subject: Attachments: Mayor and City Council, Theresa Bass Tuesday, March 24, 2020 11:44 AM Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak- Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Jennifer L. Hall; Mike Lyster Public Comments - Council Meeting March 24, 2020 Publ icCommentCCM032420-Distri butedo3242o_o2.pdf Attached are public comments (5 additional emails) received as of 11:30am, Tuesday March 24, 2020 related to Item No. 11 and 12 (COVID-19 and Urgency Ordinance) on the March 24 Council Agenda. If you have any questions, please don't hesitate to contact me. Thanks, Theresa Theresa Bass, CMC City Clerk City of Anaheim 200 S. Anaheim Blvd #217 Anaheim, CA 92805 Email: tb as s . ; anahe im. net Phone: (714) 765-5166 1 Fax: (714) 765-4105 Public Comment From: Vickie Talley Sent: Tuesday, March 24, 2020 9:19 AM To: Public Comment Cc: Robert Evans; Peter Herzog Subject: Council Agenda Item #12 Urgency Ordinance Support Attachments: COV ID -19 LETTER TO GOVERNOR NEWSOM PRESS RELEASE.pdf Importance: High Honorable Mayor and Members of the City Council, NAIOP represents commercial real estate owners and property managers and joins in your concerns over CDVID-19. Our members are closely following all protocols in dealing with COVID-19 as well as the Executive Orders issued by the President and the Governor. The attached California Business Properties Association (CEPA) press release is in response to the Governor's recent Executive Order. It outlines commercial real estate's response to the current crisis and support of the Governor's actions. NAIGP supports the City Manager's recommendations and the proposed Urgency Ordinance. It is consistent with the Governor's Executive Order, which is important in providing a clear and consistent response statewide. Respectfully, Vickie Talley, Director of Legislative Affairs C(3MhA'ERG6AL REALESTATE DEVELOPMENT ASSOCIATION SeCAL 014APTER Vickie Talley, Director of Legislative Affairs NAIOP SoCal Commercial Real Estate Development Association Please visit the SoCal Legislative Update at The NAIOP SoCal Chapter represents commercial real estate professionals in orange and Los Angeles Counties. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. California Business Properties Association FOR IMMEDIATE RELEASE ('' NT A CT March 17, 2020 Matthew Hargrove COMMERCIAL REAL ESTATE SUPPORTS GOVERNOR ON CORONAVIRUS ACTIONS Leger Supports Executive OrderN-28-20 and State Response To COVID-Y9 SACRAMENTO — California State Governor Gavin Newsom has taken decisive measures to stop the spread of Coronavirus. Among a flurry of initial action, the Governor issued Executive order N-2$-20 which allows local governments to take action to protect residential and commercial tenants and homeowners suffering from economic losses due to COVID-19 from eviction, foreclosure, and/or utility shut -offs. The commercial real estate industry has reacted by standing up to shove support for the Governor's actions -- and our tenants — in this time of unprecedented crisis. "Commercial real estate companies are part of the community," stated Rex S. Hime, President & CEG, California Business Properties Association. "our members, our employees, our service providers -- and their families -- are also being hit hard by the Coronavirus emergency. We felt it was important to send a strong signal that we are willing partners with state leaders and our tenants to navigate our way out of this crisis." California has over 6 billion square feet of private commercial real estate. This includes companies of all sizes from a single person that owns one building, to some of the largest multi -national real estate companies — and everything in between. All are impacted by the current downturn of activity caused by the need to contain COVID-19. Commercial real estate companies are we are assisting local officials in a number of ways; from simple offers of use -of -space to going above and beyond normal cleaning standards to deep -clean tenant spaces; to working with tenants that are struggling with a lack of customers to keep them in business until customers can return. "We are all in this together and we are finding that our members are already responding and rising to meet the challenge. We need to lean -in and help our tenants and the public that rely on our shopping centers, distribution centers, and offices, have access to consumer goods and clean and safe workplaces," said Hime. "We are encouraging our members to offer forbearance with tenants as we work through the problems caused by shutting down entire cities." As we work to stabilize the economy and restore confidence to community -oriented real estate and tenants, we are working with the Federal government on a number of strategies, one being a guarantee that claims on business interruption be covered, even if the policies have exclusions for viruses or pandemics. In exchange, insurers should receive a federal guarantee for the losses. Utilizing a tool that already exists in the marketplace, along With other proposed measures to stabilize the economy can provide immediate relief to struggling tenants and ease the transition back to normal consumer activity. Hime continued, "tenants are the lifeblood of the commercial real estate industry. It is why we exist and building owners spend a lot of time and effort to make sure tenants are happy and can succeed. Many of our member companies are already warping with tenants to assure they can survive through temporarily restructuring leases and deferring rent. Acknowledging that publicly and supporting the Governor to ease fears was an easy call." CBPA is the designated legislative advocate for the International Council of Shopping Centers (ICSC), the California Chapters of the Commercial Real Estate Development Association (NAIOP), the Building owners and Managers Association of California (BOMA), the Retail Industry Leaders Association (HILA), the Institute of Real Estate Management (IREM), and AIR CRE. To read CBPA's full response to the Governor and see other COVID-19 Resources, point your browser here: htt ://cb-')a.com/coi7id-19-resources/ Public Comment From: Dickie Talley _ Sent: Tuesday, March 24, 2020 9:50 AM To: Public Comment Cc: Robert Evans; Peter Herzog; Laura Reid Subject: Agendaltem #12 Support Urgency Ordinance Importance: High Honorable Mayor Sidhu and Members of the City Council, The Manufactured Housing Educational Trust represents the owners of mobile home parks in the City of Anaheim and the Southern California region including orange, Riverside and San Bernardino counties. Our members and the residents of their communities are being dramatically impacted by COVID-19. We sincerely appreciate the City's concerns in addressing the issues being caused by this terrible pandemic. We have had an opportunity to review the City Manager's recommendations to adopt an Urgency Ordinance to impose a temporary moratorium on the eviction of residential or commercial tenants who are unable to pay rent because of COVID-19. We support the recommendation and the Urgency Ordinance as written and recommend that no changes be made to the proposed ordinance. It is important to provide a clear, consistent message statewide and the City Manager's recommendations are consistent with the Governor's Executive Order. Thank you for your leadership and service during this difficult time. Vickie Talley, Executive Director Vickie Talley, Executive Director MHET Manufactured Housing Educational Trust MHET has been working to protect mobile home park owners' property rights since 1982! If you are not a member, please ask me about joining today! This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. Public Comment From: Ta nya N ava rro Seat: Tuesday, March 24, 2020 11:11 AM To: Public Comment Subject: Public Comment My name is Tanya Navarro I would like to thank everyone for their work to respond to this crisis in advance. - On the topic of rent moratorium - Haw is Anaheim protecting working families who have mortgages? I would like to suggest that all rent moratoriums should also apply to families with a mortgage. - On the topic of 90 day pay hack period for rent moratoriums- For families and small business' to get back on their feet after a crisis, they need a longer period to pay back their now accumulated debt. For example in Santa Ana the pay back period is G months. Public Comment From: bra nd i rose Sent: Tuesday, March 24, 2020 10:41 AM To: Public Comment After going outside to Target today I noticed a few things like WHY our Gardner's where live who came today to cut grass were NOT wearing masks?? Why target does not sanitizer their shopping carts after each person's use? And why at the donut shop no one was wearing masks or gloves while working behind the counter? I live off brookhurst an lincoln... Public Comment From: Andy Lewandowski Sent: Tuesday, March 24, 2020 10:39 AM To: Public {Comment Subject: Comment - Agenda Item 12, 3/24/2020 - Moratorium on Evictions Attachments: 1. ordinance25429.pdf Honorable Mayor Sidhu and esteemed City Council members, We need you to protect our residents, families, and small businesses by enacting a moratorium on evictions, rent increases, utility shut offs, and late fees. We also need an emergency citywide rental assistance fund for families due to loss of wages and small businesses that cannot pay rent due to loss of profits. The ordinance on tonights docket, as written, is a step in the right direction, but there are two sections that are very concerning. While I enourage your "yes" votes on Agenda Item 12 tonight, I also strongly urge you to amend the following language: Section 2(D): This section places the identical requirements on residents as it does for commercial tenants in 3(D). There should be no burden on tenants to prove hardship due to the current public health crisis. It impacts our families, loved ones, and the community as a whole in many ways. The availability of assistance, if needed, should not be conditional, and promotes the general welfare of our city and surrounding communities. Striking this section would also requires striking out " If a tenant complies with the requirements of this ordinance" from section 2(E) Section 5(A) There is no language in this section differntiating between commercial and residential tenants. The 90 day payback period should be extended to a minimum of six months (180 days) for residential tenants. If a State or National stay-at-home or shelter -in-place order is in effect for months, not weeks, you should also consider extending the payback period further with a subsequent ordinance or amendment. Thank you for your consideration. Andy J. Lewandowski Anaheim, CA ORDINANCE NO. AN UNCODIFIED (URGENCY) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IMPOSING A TEMPORARY MORATORIUM ON THE EVICTION OF RESIDENTIAL OR COMMERCIAL TENANTS UNABLE TO PAY RENT BECAUSE OF COVID-19, DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION, AND PROVIDING DIRECTION TO THE CITY MANAGER REGARDING OTHER POSSIBLE ASSISTANCE TO ANAHEIM RESIDENTS AND BUSINESSES The City Council of the City of Anaheim finds and declares as follows: SECTION 1. Findings, A. On March 4, 2020, the Governor declared a State of Emergency in California due to the threat of Coronavirus Disease 2019 ("COVID- 19" ). On March 17, 2020, the Orange County Public Health Officer declared a public health emergency in Orange County due to COVIN -19, which was updated on March 18, 2020. Due to directives from federal, state, and local health officials, residents have been advised to avoid public gatherings and stay at home to prevent the spread of this disease. B. On March 16, 2020, the Governor issued Executive Order N-28-20. The Order suspends any state law that would preempt or otherwise restrict the City's exercise of its police power to impose substantive limitations on residential or commercial evictions based on nonpayment of rent resulting from the impacts of COVID-19. C. The City of Anaheim has been impacted by the health crisis of this global pandemic. Sporting events, concerts, plays, and conferences have been cancelled. School closures have occurred and may continue. Employees have been advised to work at home. As a result, restaurant and retail business has significantly declined and workers have been impacted by lost wages and layoffs. Parents have had to miss work to care for home -bound school --age children. As the virus spreads, workers may have to stay home and businesses may have to restrict their activities or close for extended periods. D. Many residential and commercial tenants have experienced sudden income or revenue loss, and further income impacts are anticipated. The loss of income and revenue caused by the effects of COVID-19 may impact tenants' ability to pay rent when due, leaving tenants vulnerable to eviction. E. Providing tenants with a short-term protection from eviction due to the inability to pay rent will help avoid increasing the homeless population and stabilize the rental housing and commercial real estate market by reducing displacement. I F. During this state of emergency, and in the interests of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary displacement of tenants. Prohibiting residential and commercial evictions on a temporary basis is necessary until the spread of the virus can be minimized and the emergency restrictions lifted. G. Nothing in this ordinance waives a tenant's obligation to pay back rent owed once this ordinance is no longer effective, under the terms set forth In Section 5, below. SECTION 2. Moratorium on residential evictions due to nonpayment of rent during the COVID-19 emergency. A. This Section 2 will remain in effect until April 30, 2020, unless extended by the City Council. B. No landlord shall initiate proceedings or otherwise take steps to evict a tenant for nonpayment of rent from any residential dwelling (including single family and multi- family homes, mobile homes or other structures lawfully used as a residential dwelling) if the tenant, in accordance with this subsection D, demonstrates that the inability to pay rent is due to COVID-19, the state of emergency regarding CDVID-19, or following government -recommended CDVID-19 precautions. C. As used in this Section 2, "covered reason for delayed payment" means a tenant's loss of income due to any of the following: (i) the tenant was/is sick with COVID- 19 or caring for a household or family member who was/is sick with CDVID-19; (ii) the tenant experienced a lay-off, loss of hours, or other income reduction resulting from. COVID-19 or the state of emergency; (iii) the tenant's compliance with a recommendation from a government agency to stay home, self -quarantine, or avoid congregating with others during the state of emergency; or (iv) the tenant's need to miss work to care for a home -bound school-age child. D. To tape advantage of the protections afforded under this ordinance, a tenant must do all the following: ii. Notify the landlord in writing before the day rent is due that the tenant has a covered reason for delayed payment; ii. Provide the landlord with verifiable documentation to support the assertion of a covered reason for delayed payment; and iii. Pay the portion of rent that the tenant is able to pay. E. If a tenant complies with the requirements of this ordinance, a landlord shall not serve a notice pursuant to California Code of Civil Procedure sections 1161 and 1162, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise take steps to evict the tenant for nonpayment of rent. F. Nothing in this ordinance relieves the tenant of liability for the unpaid rent after expiration of this ordinance. SECTION 3. Moratorium on commercial evictions due to nonpayment of rent during the COVID-19 emergency. A. This Section 3 remains in effect until April 30, 2020, unless extended by the City Council. B. No landlord shall initiate proceedings or otherwise take steps to evict a commercial tenant (a business or commercial enterprise renting or leasing a structure used for business purposes) for nonpayment of rent if the tenant, in accordance with this subsection D, demonstrates that the inability to pay rent is due to COVID-19, the state of emergency regarding COVID-19, or following government -recommended COVID-19 precautions. C. As used in this Section 3, "covered reason for delayed payment" means a tenant's loss of business income due to any of the following: (i) the owner, management personnel, or key employees of the business were/are sick with COVID-19 or caring for household or family members who were/are sick with COVIN -19; (ii) the business experienced income reduction resulting from COVID-19 or the state of emergency; (iii) the business's compliance with a recommendation from a government agency to close, reduce service, or limit contact between members of the public and its personnel/employees; or (iv) key employee(s) of the business need to miss work to care for a home -bound school-age child. D. To take advantage of the protections afforded under this ordinance, a tenant must do all the following: i. Notify the landlord in writing before the day rent is due that the tenant has a covered reason for delayed payment; ii. Provide the landlord with verifiable documentation to support the assertion of a covered reason for delayed payment; and iii. Pay the portion of rent that the tenant is able to pay. E. If a tenant complies with the requirements of this ordinance, a landlord shall not serve a notice pursuant to California Code of Civil Procedure sections 1161 and 11 62, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise take steps to evict the tenant for nonpayment of rent. F. Nothing in this ordinance relieves the tenant of liability for the unpaid rent after expiration of this ordinance. SECTION 4. Effective hate. This ordinance tames effect immediately upon enactment. SECTION 5. Ninety -Day Payback Period. A. A tenant afforded eviction protection under Sections 2 or 3 of this ordinance shall have up to ninety (90) days after the expiration of this ordinance to pay its landlord unpaid rent. The terms of the repayment plan are to be agreed upon between the landlord and tenant, provided that, if no agreement is reached between the landlord and tenant, the back/past rent due shall be repaid in three (3) equal installments to be paid in monthly intervals beginning thirty (30) days after the date the rent becomes due pursuant to the terms of this ordinance. No late fees, costs or other penalties shall be assessed or due from the tenant based on the delay in paying rent as provided for in this ordinance. During this 90 -day period, the protections against eviction set forth in Sections 2 and 3 of this ordinance shall apply to such tenants. B. The date upon which a delayed payment comes due for the purposes of Code of Civil Procedure Section 1161(2) shall be the date agreed upon by the landlord and tenant in a repayment plan, or, if no agreement is reached as specified in subsection (A) above. SECTION 6. Additional Direction by the City Council. A. The City Council directs the City Manager to develop and disseminate materials explaining the provisions of this ordinance to residential and commercial tenants and landlords in Anaheim. B. The City Council finds that the impact of non-payment of rent could have severe consequences on rental property owners, which harm could be mitigated by federal housing assistance and funding. The Council accordingly directs the City Manager, at the earliest possible opportunity, to request that the federal government include an increase in federal housing funding to support tenants and landlords negatively impacted by the COVID-19 crisis and reimburse cities who assist tenants and landlords. 4 C. The City Council finds that the recently adopted Senior Safety Net Program, which utilizes state and federal ' housing funds to assist Anaheim Senior Citizens with housing costs, could be expanded to include all Anaheim residents impacted by the COVID-19 crisis, and directs the City Manager to report to the City Council at the earliest possible date the viability of expanding this program to all residents impacted by the COVID-19 crisis. D. The City Council acknowledges the Governor's Executive Order N-33-20, also known as the "Stay at Home Except for Essential Needs" order. The City Council directs the City Manager to report back to the City Council at the earliest possible date a local implementation plan for this order to the extent local flexibility is allowed. E. The City Council acknowledges the severe economic impact of the COVID-19 crisis and related government actions, and directs the City Manager to work with affected stakeholders and report back to the City Council at the earliest possible date a package of economic assistance and recovery recommendations for the Council to consider to have Anaheim prepared for economic recovery. SECTION 7. Emergency Declaration. The City Council declares this ordinance to be an emergency measure, to take effect immediately upon adoption by a four-fifths vote pursuant to Anaheim City Charter section 511. The facts constituting the emergency are as follows: The directives from health officials to contain the spread of COVID-19 have resulted in loss of business, furloughs, lost wages, and lack of work for employees. To protect the public health, safety, and welfare, the City must act, on an emergency basis, to temporarily prohibit the eviction of residential and commercial tenants who are unable to pay rent due to income losses caused by the effects of COVID-19 . SECTION S. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the 14naheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. 1l 111 11 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 24thday of March. 2020, and passed and adopted as an urgency measure on that date, by the following vote, and shall be and become effective immediately FAV NOES: ABSENT: ABSTAIN: CITY OF ANHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM item # �` -�-1Q.. Distributed to majority of Citi Council within Jennifer L. Hall 72 hearse ;:f �AL�12v0j> innsetirid 'tee From: Theresa Bass Sent: Tuesday, March 24, 2020 3:13 PM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Cc: Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Jennifer L. Hall; Mike Lyster Subject: Public Comments - Council Meeting March 24, 2020 (as of Spm) Attachments: PublicCommentCCM032420_Distributedo32420_03.pdf Mayor and City Council, Attached are public comments (20 additional emails) received as of 3:00pm, Tuesday March 24, 2020 related to Item No. 11 and 12 (COVID-19 and Urgency Ordinance) on the March 24 Council Agenda. If you have any questions, please don't hesitate to contact me. Thanks, Theresa Theresa Bass, CMC City Clerk City of Anaheim 200 S Anaheim .Blvd. #217 Anaheim, CA 92805 Email: tbass manaheim.net Phone: (714) 765-51661 Fax: (714) 765-4105 Public Comment From: Nathyjo Sent: Tuesday, March 24, 202011:36 AM To: Public Comment Subject: Residents with Mortgages in Anaheim How are the residents with Mortgages being assisted in this situation in Anaheim. We still have an obligation to our mortgage holders even though we have been furloughed from our jobs. 1s there going to be a discussion on this topic as well ? Public Comment From: Thomas Fielder Sent: Tuesday, March 24, 2020 11:52 AM To: Public Comment Subject: Agenda Item 12, 3/24/2020 My name is Thomas Fielder and I have lived in Anaheim for 36 years. I am writing in support of agenda item #12. Although Anaheim needs to do more to protect its most vulnerable residents, the proposed ordinance is a start and I urge you to vote in favor of adopting this ordinance, The problem with this ordinance is that many tenants will not be able to take advantage of its protections. Section 2D requires the tenant to meet several ill-defined benchmarks before protections kick in. These include the requirement of so-called verifiable documentation which is not defined in the ordinance. For tenants who are self-employed, have irregular work hours, or are seasonally employed, such documentation may be difficult to produce if it exists at all. Section 21)(iii) requires the tenant to "pay the portion of the rent that the tenant is able to pay" without explaining how that amount is to be determined. Let's suppose the tenant claims they can pay 50% of their rent, but the landlord claims they can pay 70%. How will such disputes be resolved? And is the tenant protected while such disputes are being resolved? Section 2F states that tenants are still liable for all unpaid rent, while Section 5 mandates a 90 -day payback period for unpaid rent. Terms of repayment may be negotiated, but in the absence of any negotiations, the payback must occur within 90 days. So let's suppose this ordinance remains in effect for one month. I would expect most landlords will insist on the 90 -day payback period, since there is very little incentive for them to negotiate anything else. That means the effective rent for those 3 months will increase by 33%. If the ordinance is in effect for 2 months, the effective increase would be 67%. How many tenants in Anaheim will be able to afford a 33% increase, let alone 67%? Not many, I suspect. This ordinance is better than nothing, which is why I want you to pass it, but it could be much better. Anaheim needs to do more - YOU need to do more - to protect this city's most vulnerable residents and avoid causing more people to become homeless. Public Comment From: Shelby Unmacht Sent: Tuesday, March 24, 2020 11:55 AM To: Public Comment Subject: Renters/Coronavirus Please consider the thousands of Disneyland employees that are out of work (and pay soon) once April rolls around. Unemployment wont even cover basic bills for most people. what happens if this goes longer than 30 days? For example, if two months pass without being able to pay rent, will they get 6 months to pay back all of it? Im concerned about people racking up so much debt that they can never catch up once this ends. Is there a plan to help people out financially with paying this back? Majority of people and myself, live paycheck to paycheck with no chance for that kind of savings once things pick back up. Public Comment From: berenis franco Sent: Tuesday, March 24, 2020 12-.00 PM To: Public Comment Subject: Anaheim Residents Hello, My name is Berenis Franco and I am concerned about what steps to take, in regards to making mortgage and bill payments. I know that the Coronavirus is affecting many families in these difficult times. I just don't know who to talk to regarding not being able to pay for my whole mortgage or bills. Do we call the utility companies and mortgage companies directly, or who do we talk to? I think people need to know phone numbers and contact information for those that don't know what to do or who to turn to. 5o many people are in my exact shoes and we hear about people saying not to worry, but communication is the beat way to go. If you can provide us all with lists of names and numbers, many won't worry so much about what steps to take next. Your interpretation and response ►mill be gratefully appreciated. With Respect, Berenis Franco City of Anaheim, Resident Sent from my iPhone Public Comment From: Sent: Tuesday, March 24, 2020 12:36 PM To: Public Comment Cc: Subject: Anaheim City Council preventing council comments, Agenda item # 11 Attachments: Public Comment.pdf Attached Public Comment for the March 24, 2020 Anaheim Council Meeting. RE: Agenda Item # 11, preventing Freedom of Speech to Anaheim residents. Anaheim City Council Comments, March 24, 2020, .Agenda Item ## 11 VIA EMAIL TO: )ubliecomment :anaheim.net FROM: Home Owners Maintaining our Environment The Anaheim City Council being led -by their Mayor Harish S. sid.ue has lowered them to a new low by exploiting a National Emergency. They are preventing verbal comments at their council meetings to benefit themselves. The ruling of "to make public meetings accessible telephonically or otherwise" requires comments to be made `telephonic," which is by voice. Mayor Harish S. Sidue and his cabal on the city council have maliciously interpreted the rule to mean only in writing, not telephonic. Several methods could be used to allow "The Rights to Freedom of Speech" voice comments for the residents of Anaheim. One method would be a simple telephone -answering unit limiting incoming public comments to three minutes, then playing the recordings at the council meeting during the public comment periods. Itis known from the idiotic questions made by council members to their staff that they have rarely bothered to read written critical staff reports given to therm prior to council meetings. Therefore, since they rerely read critical written reports, they will almost never read any written public comments. As a bare minimum, the city council should have a clerk read the submitted written public comments during the public comments periods at the council meetings. Public Participation for City Council Meetingsin Response to COVID=19 SPECIAL NOTICE REGARDING COVID-19 On March 4, 2020, Governor Newsom proclaimed a state of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N--29-20, please be advised that the Anaheim City Council will participate in meetings telephonically. PUBLIC PARTICIPATION: Pursuant to Executive N-29-20 and given the current health concerns, members of the public can access meetings live on-line, with audio and limited video, at www.anaheim.net/councilvideas and on Cable Channel 3. In addition, members of the public can submit comments electronically for City Council consideration by sending them to ubliccomment anaheim.net. To ensure distribution to the City Council prior to consideration of the agenda, please submit comments prior to 3:00 P.M. the day of the meeting. Those comments, as well as any comments received after 3:00 P.M., will be distributed to the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 714-765-5166 or cityLlerk@anaheim.net with any questions. ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's Office by telephone at (714) 705-5100 or via email to citycl� erk anaheim.net, no later than 3:00 AIS on the day of the scheduled meeting. MCOUrldfAgendas City Council Agendas OwCwl Vides 4,. View City Cou nci I Meetings Live & Archived 2-0 Council Calendar Ron _ 2020 City Council Meeting Calendar Action Agendas "I Enable Google Translate Public comment From: Sent: Tuesday, March 24, 2020 12:44 PM To: Public Comment Subject: Tenant proposal to not pay rent Anaheim City Council RE: Tenants - Today's meeting Rental properties in Anaheim are at severe risk from the proposal on the Council Agenda today. I am a senior and today's meeting will put me at extreme risk if adopted. I own 2 houses in Anaheim which I rent out. If my tenants do not pay rent cannot pay my own house payment or pay my bills let alone the property expenses including property tax, insurance, pool maintenance, gardeners, mortgage payments, plus repairs that I am required to pay no matter whether rent is received or not. I am not alone in this situation. Rental units are bought by the owner to have income. If you take away their income, why own the property? Selling may be the only available recourse or a final decision to sell because of the risk, time, stress involved in owning. If you want to help tenants then I suggest the city of Anaheim pay their rent. Paying tenants rent will stabilize the City keeping tenants in housing and the existing houses for rent and neighborhoods intact. If a landlord does not receive rent, then property must be sold and if many rental houses are sold it will decrease the value of all properties in Anaheim/ ]range County/California. Of course, then there will also be fewer rental houses. Suggesting that tenants have months to make up missed payments does not help landlords exist because in the majority of properties there is a small profit when you consider property tax, insurance, repairs, and vacancy. The cost alone of repairs has become prohibited. Labor and hardware are very expensive now. Allowing tenants to not pay rent is stealing from the owner of the properties. Deferring rent payments puts an extreme hardship on owners. The difference between stock and real estate is when stock goes down you lose money with no addition responsibilities but when real estate income is lost you still have the responsibility of the upkeep, mortgage, tax, insurance, and tax liability and without income. Real estate affects the whole community while the decline of stock prices affect individuals and perhaps the individual company. Please consider other alternatives to this proposal to include the financial risks to property owners as well as tenants. Thank you for your consideration and work to help Anaheim, Jo Ellen Branham Anaheim, CA 92802 Public Comment From: Donovan Rinker -Morris Sent: Tuesday, March 24, 2020 1:01 PM To: Public Comment Subject: Item #1 2 - Necessary Changes in Emergency ordinance on COVID-1 9/Evictions Moratorium to Remove Terms treating Residential Tenants as Commercial Tenants Attachments: 2020-03-24 Letter re Necessary Changes to Anaheim Emergency Ordinance on Evi cti ons -COV I D-19. pd f To the Honorable Mayor Sidhu and the City Council, attached please find a public comment for tonight's meeting regarding the emergency ordinance. Thank you for your attention to this matter, and best of luck in implementing a proper ordinance that will actually protect residents. Regards, Donovan Donovan Rinker -Morris i Staff Attorney (pronouns: he/him/his) Housing and Homelessness Prevention Unit Public Law Center Confidentiality Notice: E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender immediately at 714-541-1010, ext. 251, that you have deleted the e-mail, all attachments, and any copies thereof. Thank you. March 24, 2020 The Honorable Harry Sidhu Mayor of Anaheim, and the City Council of the City of Anaheim 200 S. Anaheim Boulevard, 7th Floor Anaheim, CA 92805 Ilia email to pub►liccomment a@7anaheim. net Re: Item #12, Draft Emergency ordinance on COVIN-19lEVictions Moratorium Improperly Treats Residential Tenants Identically to Commercial Tenants Dear Honorable Mayor and City Council: I write in my personal capacity as an Anaheim resident and as a staff attorney with the Public Law Center of orange County regarding the Emergency ordinance under consideration March 24, 2020. we are a non-profit pro Bono law firm that provides access to justice for low-income and vulnerable residents in orange County. In our Housing and Homelessness Prevention Unit, we represent certain low-income families in housing -related matters and advocate for sensible strategies to end homelessness in orange County. we also collaborate with community organizations, statewide advocates, and law firms to push orange County jurisdictions to create and maintain effective housing policies for lower-income working families. Anaheim's leadership has stated that they seely to protect Anaheim residents. However, as drafted, this ordinance will do worse than fail at that, as it requires ordinary residents paying rent to meet the same standards for protection as the largest retail outlets and local businesses in the city. In so doing, the emergency ordinance weakens existing California landlord/tenant law for residential renters. This defect could be easily repaired by removing Section 2(D), as well as the references to Section 2(D) in Section 2(B). The same provisions in Section 3(B) and 3(D) might be reasonable, as most commercial residents in Anaheim are accustomed to complying with various tax and other rules to stay in business. But to try to force residents renting property to meet the same standard as a small business is perverse. There is no justification for holding an average residential renter to the same standard as an average small or large business —not during regular times, and especially not during an emergency. The remainder of this letter will clarify the precise problems arising from Section 2(D). I. The Notice Provision Many orange County landlords who have rented property for decades err when serving basic notices upon their tenants. They err, despite template forms being readily and freely available online, despite commercial imperatives that require them to implement notice properly, and despite numerous counsellors standing by to assist landlords. If Anaheim imposes a notice provision upon tenants, Anaheim will know that many tenants will never receive any protection whatsoever from the rest of the ordinance as a result. Does the typical renter in Anaheim follow city council meetings and ordinances closely, even amid a national crisis? Do they understand the requirements of these ordinances? Do they have internet access, such that they may download and familiarize themselves with the rules? Do disabled residents, and non-English speaking residents have a means of finding out what they need to do? Do their community organizations, religious groups, and other groups meet to advise the people who must be advised in person, and cannot use other means to find out? By drafting an emergency ordinance that requires tenants to provide notice before they receive any protection, this ordinance ensures very few, if any, Anaheim residents will ever be protected. Yet even a weak protection is better than none at all, unless it actually mares the situation worse. This provision in this ordinance does precisely that, at least when a tenant resides in a property managed by a landlord who is solely motivated by profits. Such a landlord may respond to a `CDVID notice' by issuing a `3 - day cure covenant or quit' notice instead of a `3 -day pay or quit' notice, and thereby avoid the entire protection Anaheim purportedly seeps to provide. Even if Anaheim later rewords or rephrases this term, it will doubtless remain in effect for April, and thus every resident in danger of eviction will continue to be in danger, either for failing to fulfill an ordinance that they may not have known about, or for following that ordinance properly, but having a landlord who realized how to bypass the protections and did so unscrupulously, II. The Verifiable Documents Provision The verifiable documents provision may be a reasonable term for Anaheim businesses, which are required to maintain records in the ordinary course of business. It is not reasonable for residents, particularly those earning income through tips, day work, or other informal employment that is not reflected on a pay stub. A broad term for `verifiable documents' invites fraudulent actors, both landlords and tenants, to execute documents that will help protect them from harm. A narrow term for `verifiable documents' invites landlords to reject any good faith tenant who fails to meet their requirements. There is no documentation provision that will actually serve to protect residents in this emergency. As with the Notice Provision, the "verifiable documents" provision will actually make the situation worse for an indeterminable number of renters AND landlords than was the case before this emergency ordinance was proposed. If a tenant tries in good faith to provide "verifiable documents" to a landlord who acts in good faith, both may compromise; realistically, such good faith actors would negotiate reasonably even without an emergency ordinance. However, if a tenant tries in bad faith to use improper documents, a good faith landlord may not have the means to verify those documents; they will be victimized as a result of this Anaheim ordinance. Similarly, a tenant who tries to use documents in good faith with a landlord who acts in bad faith will be victimized, as the landlord will just reject the `verifiable' portion, or the documents themselves, or otherwise reject the documents. The balance of harms falls differently on a landlord than on a tenant, however. If a landlord is taken in by `unverifiable' documents, that landlord may have a delay on the payment of rent, the same harm the landlord already faced before this ordinance was issued. However, if a tenant's documents are not accepted by the landlord, that tenant faces homelessness, damage judgments, easing the collections process by a landlord, pretextual evictions, and various other behaviors by a landlord. This term is another instance where a standard practice between two professionals interacting reasonably with one another is not likely to be the situation between landlords and residents, and conditioning protection for renters on such a term has perverse implications. III. Partial Payment Provision Currently in California, if a landlord accepts a partial payment of rent after providing notice of eviction, the tenant is able to defeat an unlawful detainer proceeding in many instances. However, since the partial payment is only a mechanism of protection in combination with items (i) and (ii), this emergency ordinance would actually tape away the protections of California law for residents in ordinary circumstances and make the situation worse. For commercial tenants, a partial payment mechanism may be a realistic compromise. That business may obtain financial assistance to cover periods of shortfall, provided they have proof of ability to recover after that period ends, e.g., retail outlets that operate at a loss several months of the year, but recover profitability during specific seasons. But none of those means are available to most residential tenants, many of whom do not even possess bank accounts of their own, let alone access to financial measures sufficient to protect them. IV. Conclusion While Currently in California, if a landlord accepts a partial payment of rent after providing notice of eviction, the tenant is able to defeat an unlawful detainer proceeding in many instances. However, since the partial payment is only a mechanism of protection 1n combination with items (1) and (11), this emergency ordinance would actually take away the protections of California law for residents in ordinary circumstances and make the situation worse. Sincerely, Isl Donovan Rinker -Morris Staff Attorney, Housing and Homelessness Prevention Unit 4 PUBLIC LAW CENTER PROVIDING ACCESS TO JUSTICE FOR ORANGE COUNTY'S LOW INCOME RESIDENTS March 24, 2020 The Honorable Harm S idhu Mayor of Anaheim, and the City Council of the City of Anaheim 200 S. Anaheim Boulevard, 7th Floor Anaheim, CA 92805 Via email to pablieeomment a anahelm. net Re: Item #12, Draft Emergency ordinance on CovID-19/Evictions Moratorium Improperly Treats Residential Tenants Identically to Commercial Tenants Dear Honorable Mayor and City Council: I write in my personal capacity as a resident of Anaheim and as a staff attorney with the Public Law Center of orange County regarding the Emergency ordinance under consideration March 24, 2020. We are a non-profit pro Bono law firm that provides access to justice for low- income and vulnerable residents in Grange County. In our Housing and Homelessness Prevention Unit, we represent certain low-income families in housing -related matters and advocate for sensible strategies to end homelessness in orange County. We also collaborate with community organizations, statewide advocates, and law firms to push orange County jurisdictions to create and maintain effective housing policies for lower-income working families. Anaheim's leadership has stated that they seek to protect Anaheim residents. However, as drafted, this ordinance will do worse than fail at that, as it requires ordinary residents paying rent to meet the same standards for protection as the largest retail outlets and local businesses in the city. In so doing, the emergency ordinance weakens existing California landlord/tenant law for residential renters. This defect could be easily repaired by removing Section 2(D), as well as the references to Section 2(D) in Section 2(B). The same provisions in Section 3(B) and 3(D) might be reasonable, as most commercial residents in Anaheim are accustomed to complying with various tax and other rules to stay in business. But to try to force residents renting property to meet the same standard as a small business is perverse. There is no justification for holding an average residential renter to the same standard as an average small or large business —not during regular times, and especially not during an emergency. Item #12, Draft Emergency Ordinance on C0VID-191Evictions Moratorium Improperly Treats Residential Tenants Identically to Commercial Tenants March 24, 2020 p. 2 of 2 The remainder of this letter will clarify the precise problems arising from Section 2(D). Item #12, Draft Emergency ordinance on COVID-19IEvictions Moratorium Improperly Treats Residential Tenants Identically to Commercial Tenants March 24, 2020 p. Z of 2 I. The Notice Provision Many Orange County landlords who have rented property for decades err when serving basic notices upon their tenants. They err, despite template forms being readily and freely available online, despite commercial imperatives that require them to implement notice properly, and despite numerous counsellors standing by to assist landlords. If Anaheim imposes a notice provision upon tenants, Anaheim will know that many tenants will never receive any protection whatsoever from the rest of the ordinance as a result. Does the typical renter in Anaheim follow city council meetings and ordinances closely, even amid a national crisis? Do they understand the requirements of these ordinances? Do they have internet access, such that they may download and familiarize themselves with the rules? Do disabled residents, and non-English speaking residents have a means of finding out what they need to do? Do their community organizations, religious groups, and other groups meet to advise the people who must be advised in person, and cannot use other means to find out? By drafting an emergency ordinance that requires tenants to provide notice before they receive any protection, this ordinance ensures very few, if any, Anaheim residents will ever be protected. Yet even a weak protection is better than none at all, unless it actually makes the situation worse. This provision in this ordinance does precisely that, at least when a tenant resides in a property managed by a landlord who is solely motivated by profits. Such a landlord may respond to a 'COVID notice' by issuing a `3 -day cure covenant or quit' notice instead of a `3 - day pay or quit' notice, and thereby avoid the entire protection Anaheim purportedly seeks to provide. Even if Anaheim later rewords or rephrases this term, it will doubtless remain in effect for April, and thus every resident in danger of eviction will continue to be in danger, either for failing to fulfill an ordinance that they may not have known about, or for following that ordinance properly, but having a landlord who realized how to bypass the protections and did so unscrupulously. II. The Verifiable Documents Provision The verifiable documents provision may be a reasonable term for Anaheim businesses, which are required to maintain records in the ordinary course- of business. It is not reasonable for residents, particularly those earning income through tips, day work, or other informal employment that is not reflected on a pay stub. A broad term for `verifiable documents' invites fraudulent actors, both landlords and tenants, to execute documents that will help protect them from harm. A narrow term for `verifiable documents' invites landlords to reject any good faith tenant who fails to meet their requirements. There is no documentation provision that will actually serve to protect residents in this emergency. As with the Notice Provision, the `verifiable documents" provision will actually make the situation worse for an indeterminable number of renters AND landlords than was the case before this emergency ordinance was proposed. If a tenant tries in good faith to provide "verifiable documents" to a landlord who acts in good faith, both may compromise; realistically, such good faith actors would negotiate reasonably even without an emergency ordinance. However, if a tenant tries in bad faith to use improper documents, a good faith landlord may not have the means to verify those documents; they will be victimized as a result of this Anaheim Item #12, Draft Emergency ordinance on COVID-19IEuictions Moratorium Improperly Treats Residential Tenants Identically to Commercial Tenants March 24, 2020 p.2of2 ordinance. Similarly, a tenant who tries to use documents in good faith with a landlord who acts in bad faith will be victimized, as the landlord will just reject the `verifiable' portion, or the documents themselves, or otherwise reject the documents. The balance of harms falls differently on a landlord than on a tenant, however. If a landlord is taken in by `unverifiable' documents, that landlord may have a delay on the payment of rent, the same harm the landlord already faced before this ordinance was issued. However, if a tenant's documents are not accepted by the landlord, that tenant faces homelessness, damage judgments, easing the collections process by a landlord, pretextual evictions, and various other behaviors by a landlord. This term is another instance where a standard practice between two professionals interacting reasonably with one another is not likely to be the situation between landlords and residents, and conditioning protection for renters on such a term has perverse implications. III. Partial Payment Provision Currently in California, if a landlord accepts a partial payment of rent after providing notice of eviction, the tenant is able to defeat an unlawful detainer proceeding in many instances. However, since the partial payment is only a mechanism of protection in combination with items (i) and (ii), this emergency ordinance would actually take away the protections of California law for residents in ordinary circumstances and make the situation worse. For commercial tenants, a partial payment mechanism may be a realistic compromise. That business may obtain financial assistance to cover periods of shortfall, provided they have proof of ability to recover after that period ends, e.g., retail outlets that operate at a loss several months of the year, but recover profitability during specific seasons. But none of those means are available to most residential tenants, many of whom do not even possess bank accounts of their own, let alone access to financial measures sufficient to protect them. Iv. Conclusion while Currently in California, if a landlord accepts a partial payment of rent after providing notice of eviction, the tenant is able to defeat an unlawful detainer proceeding in many instances. However, since the partial payment is only a mechanism of protection in combination with items (i) and (ii), this emergency ordinance would actually take away the protections of California law for residents in ordinary circumstances and make the situation worse. Sincerely, /s/ Donovan Rinker --Morris Staff Attorney, Housing and Homelessness Prevention Unit Public Comment From: Oleson, Bergen VII Sent: Tuesday, March 24, 2020 1:20 PM To: Public Comment Subject: COVID-1 9 Response I'm calling for a mandatory "vacation" from rent, mortgage, and service payments for both residential and commercial properties effective until COVID-19 is under control. This will not only take the financial strain off employers and employees alike, but it will also provide Anaheim residents much-needed relief as we, both part of an independent nation and a global species, navigate these unprecedented times. Businesses and residences should not be held accountable for missed payments when a global health emergency is responsible for the non-payment. While measures have been suggested by Gov. Newsom, these are neither mandatory or beneficial to the public. In not making it mandatory, many municipalities are neglecting to enforce any measures that would prohibit the collection of rent from/evicting or penalizing business owners and residents impacted by COVID-11 9. This has led many companies to remain open (despite being urged to close) due to the possibility of being evicted, putting employers, employees, and consumers at risk of infection. Furthermore, what's on the Council's agenda would only defer the payments to within 90 days of the pandemic's end. So, depending on how long the virus impedes daily life, residents of Anaheim could find themselves in crippling debt as a result of built-up missed payments. How are small businesses or those living paycheck -to -paycheck expected to both pay rent and deferred payments when this is over? Bergen Oleson Public Comment From: Traci Kim Sent: Tuesday, March 24, 2020 1:21 PM To: Public Comment Subject: opposition to Eviction Ban I read that the council is considering a temporary eviction ban and as a resident whose family owns an apartment building in Councilman Brandman's district, I urge the council to provide a form of economic relief that does not burden landlords, many of whom are suffering along with renters. My father and his brother co-own one 30 -unit apartment complex that our family invested in decades ago. Our family is part of the Anaheim community, and as members of the community, we work with Anaheim Housing Authority to rent to people who receive section 8 vouchers; we care about doing our part to make housing accessible. we are a small, family -run business, if you could call this a business --this building is the only apartment complex they own. At the same time, both my father and uncle are retired, senior citizens. My father is disabled and his main source of income is whatever is left over after rent collection after we pay utility bills, insurance, and the general maintenance , repair, and upkeep costs. My mother works, but her salary is low because she is a public school employee, and will likely be forced into retirement in 2 years. Some people have a misconception that landlords are rich and lazy, but that is not the case for my family. we are not millionaires; in fact, when my father had to stop working after becoming disabled, my mother worked part-time at Macy's to make ends meet, until the location she worked at closed. My family relies on the income from the apartment complex. I fear that a ban on evictions will leave no recourse for families like mine, who are property owners but not wealthy and too old to work. How would tenants be incentivized to pay rent on time if they know there are no consequences for failing to do so? It is certainly important to provide relief for those suffering during this economic downturn, but that relief cannot be at the expense of families like mine. We are not some giant real estate corporation; we are one family who is struggling in this economy, just like the people you are trying to help with the proposed eviction ban. Please don't impose another financial burden on my family during this difficult time; I don't know if we could survive it. Sincerely, Traci Kim Public Comment From: Selina C Sent: Tuesday, March 24, 2020 1:32 PM To: Public Comment Subject: Rent Proposal Concerns Dear City Council of Anaheim, I hope this email finds you all well. I am a resident of Anaheim and I am a few months short of my 19th birthday. I come from a single -parent household, and I am having some concerns with the rent situation that has been proposed. My concern is that even with the allocated 90 days to pay back rent that will not be able to be paid as a result of the world's current situation is not the most fitting for low-income families. These low- income families will be hit the hardest in these times especially because most of them live check to check, which means that they will not be able to pay back their past dues even when they do re-enter the workforce. In addition, other possible dues should also be taken into consideration which leads me to propose other solutions such as a certain percentage reduction on rent opposed to a whole rent pardon. This will work best for both parties because the landlords will stili get their money and the tenants will get some relief. I understand that the landlords also need to pay back bills that are also accumulating, but we all need to pitch in to help the even less fortunate in these difficult times. Humanity can not be undermined by selfish purposes. Thank you all for your time and consideration. From a concerned daughter, family member, friend, neighbor, and city member Selina Gatica Public Comment From: Manuel Lopez Sent: Tuesday, March 24, 2020 1:37 PM To: Public Comment Subject: Eviction Freeze Anaheim needs to issue and eviction freeze today. My name is Manny and I have worked for Disney, Patina at Downtown Disney and also for numerous local bars and restaurants. It's how I support my Partner and two children. Now with everything shut down there is no work for me until this is over I am facing eviction as well as other financial uncertainties. It doesn't seem fair to me that due to circumstances outside of my control I might lose my place to live during a time when we all need to stay healthy and safe. PLEASE FREEZE EVICTIONS IN OUR CITY. Public Comment From: MARIA B CARPIO Sent: Tuesday, March 24, 2020 1:46 PM To: Public Comment Subject: Required your attention. Hi, My name is Maria B. Carpio I belonged to St.Boniface Catholic Church and leader at OCCCO, this health situation have brought so many inconveniences and is very hard to keep paying rent and the basics. Jobs are very scarce or slow, but I believe that would be so thoughtful by making right decisions about it to remediate at least what's in your hands. I hope in a short period of time this would be a very bad experience BUT with a big great learning of humanity and consciousness. Thank you for your time Public Comment From: Freddy Talks Sent: Tuesday, March 24, 2020 2:26 PM To: Loretta Day; Public Comment Subject: Support Eviction Moratorium Hello to whom it may concern, My name is -Freddy Fitzgerald I am a long time Anaheim Resident and I write this email because given the health crisis the community needs our leaders to support the measure of an eviction moratorium for both renters and businesses. A lot of the community if not everyone has suffered some major change in their finances. So I plead with you to give the many families and business owners Who love Anaheim so much the break they need to get back on their feet. No one should be kicked out of their houses or businesses during a health crisis such as the one we are facing now. We are counting on you our leaders to lead us safely into a better tomorrow. I also want to add, to lengthen the time to be able to pay back will help a lot. I know 3 months has been in the conversation but I would like to encourage you to stretch it out to 6 months. Because realistically speaking most families and even businesses would struggle to pay back in such a short amount of time. This would create an unnecessary animosity. Show the business community that Anaheim is a business city for small business owners as Well. Public Comment From: Lori Gwen Sent: Tuesday, March 24, 2020 2:28 PM To: Public Comment Subject: City Council Meeting Public Comment Hi there, My name is Lori. I am a teacher in Magnolia School District. Collectively as a whole it has been an adjustment for our whole community, learning how to teach from home through Distance Learning has been an experience and I feel has been going well. I wanted to thank our community and leaders for being so informative to us all through email and social media. Dr. Donovan our Superintendent has been so diligent in providing resources to us as well as resources for City of Anaheim. My administrative staff Katie Brown, Principal and Lawn Baker, Assistant Principal have been in constant communication with us. I wanted to Thank You all for helping to provide the most current, up to date information to us during this unprecedented time. I do have a question regarding local stores. Is there any way to notify or set boundaries to residents to get toilet paper? Unfortunately it has been in demand for quite some time. Stores say they receive it and it goes immediately. Is this how we need to find it by hit or miss when I have seen a woman with a cart rolling out of a store with toilet paper about a week ago? Can there be a boundary set that residents in certain boundaries can purchase on a specific day? I know it sounds silly however, following the order to stay at home, teaching from home I can not shop around without success. This is a concern and need I feel would like to see a solution to. Can you help advise please? Thank You for your support and dedication to our city. Many Blessing, Darol & Lori Peterson Owen Anaheim, CA 92808 Public Comment From: Sydney Perez Sent: Tuesday, March 24, 2020 2:34 PM To: Public Comment; lday@anaheim.net Subject: Anaheim Eviction Moratorium Hello, My name is Sydney Perez, I live in Anaheim, and I wanted to voice my support for the eviction moratorium that is being proposed to the city council today. I live with two other people in a rented apartment, and two of us have been laid off from our jobs due to the coronavirus; The other person has had her hours at work reduced. We will not be able to pay the rent this month or next month, at the very least. This moratorium is essential to many of us living here in Anaheim who can no longer work or pay their bills. We already have a homelessness crisis and we should do everything we can to prevent exacerbating it. Please pass this eviction moratorium and a moratorium on public utility shutoffs to prevent needless human misery during this crisis. Thank you. Signed, Sydney Perez Seyler Wardlow Jeana Wardlow Anaheim residents Public Comment From: ri c ky veg a Sent: Tuesday, March 24, 2020 2:35 PM To: Public Comment Subject: Meeting There's more people staying home due to the virus affecting their jobs or kids being home because of no school which mean less parking around apartment complexes so why are you guys still giving out tickets for parking on red when there's no where else to park people already have trouble as it is with everything going on Public Comment From: Batiste Sent: Tuesday, March 24, 2020 2:49 PM To: Public Comment Subject: Council meeting - March 24 2020 Giving honor to God and those who are on the council serving the God of the people. To the residents of the great city of Anaheim, we are experiencing difficult times with this virus. In times like this it reminds us that we are all in this together, that people matter more than money. We should never forget the "cause and effect" and that we may lose tens of thousands of people before this is all over. On Saturday 2nd Harvest at the Honda Center gave food to over 4,000 resident of Orange County. Now expecting 6,000 residents this Saturday. Leadership or the lack of leadership will determine how many in America will die and that is the sad part of this whole situation. People having fist fights over toilet paper and water, and hoarding groceries. This happens when people cannot trust or believe in the leadership of our country including local government. Hysteria, pandemonium, and fear stirring the actions to have people buying guns to protect themselves. People buying guns knowing nothing about a gun saying " just give me a black one This is the perfect situation that shows that our government is more concerned about big business than it is about the people, also that the people running it interest are not in the best interest of the people. Disneyland and it's resorts because of the shutdown had more toilet paper than anyone in the city of Anaheim. Did our leaders approach and try to strike a deal with Disneyland? No, they left you out there trying to get it on your own. Leaving some people in very precarious existence. City of Anaheim is over Two Billion dollars in debt and that amount is growing because of the speculation of taxes that were supposed to be collected on hotels. It's time for a change in government and especially our local government. Senior citizens in Rancho LaPaz facing eviction and homelessness before this pandemic. This November we get a chance to change the agenda and put the residents back in the highest priority. Not giving our money away to a conglomerate. The city council gave Disneyland/affiliates $300 million in subsidies for a 4 -star resort. Just think what $300 million dollars would look like if you used that money to address the homeless, senior citizens and affordable housing. This was after Disneyland had bought Fox for $52.4 billion in 2017. We can, we must, for our best existence change this city council in November. Kenneth Batiste Public Comment From: Rashad Z Aldabbagh (CENSUS/LA FED) Sent: Tuesday, March 24, 2020 2:49 PM To: Public Comment; City Clerk Subject: Public comment Like everyone else, Census Bureau's outreach efforts have been impacted by COVID 19. I'd like to thank the city staff for the incredible outreach efforts so far, however, the self -response rate in the City of Anaheim is currently at 20.9%. Census results will shape the future of our city, as Census data informs how billions of dollars in federal funds are distributed for health clinics, School lunch programs, disaster recovery initiatives, and other critical programs and services for the next 10 years. I encourage you to increase outreach activities, specially online, and encourage your community partners to do the same in order to get an accurate count of everyone who lives in Anaheim. Rashad AI-Dabbagh Partnership Specialist Las Angeles Regional Census Center U.S. Census Bureau Public Comment From: Annemarie Randle-Trejo Sent: Tuesday, March 24, 2020 2:54 PM To: Public Comment Subject: Agenda item #12 Mood day Mayor S idhu, Council and Staff, My name is Annemarie Randle-Trejo School Board Trustee for the Anaheim Union High School District. Thank you for the opportunity to weigh in on What I think is an opportunity for this council to give real hope to our families. These are strenuous and difficult times for all of us but here is a solution. This ordinance can be a solution for our residence and small businesses to to remain safe, healthy and get back on their feet. I support this ordinance however with a few changes. In order for folks to get back on their feet they need much more time to pay back. I suggest six months. I also do not feel that people need to prove hardship. The entire state of California is under a stay order. This alone proves that people are facing hardship. Our families are having a hard time eating and paying bills The Anaheim Union High School District is feeding our students meals and is doing our part to help however it underscores the basic needs for our families. Our working families are the heart of the city and we need to help one another during this crisis. Please have a robust discussion and fix the flaws of this ordinance. Truly fled a way to make the intent of this ordinance a reality. Our city deserves to come out of this crisis whole ... all of us. Thank you for your consideration. Public Comment From: Vi k G Sent: Tuesday, March 24, 2020 2:57 PM To: Public Comment Subject: Public Comment - 3124120 -- Meeting I am writing on behalf of Serrano Heights Academy - a preschool/daycare in Anaheim Hills (in the Serrano Center). Just like we need the hospitals and the firefighters, child care is really important. We remain open, however, only a handful of families are using our services as they have other ways of their children being cared for (free). With that, we will not have enough income for April or even May to pay our rent. Please take this into consideration. Thank you. Vik G. (Serrano Heights Academy) 1 Item # Atm kms. - D� �. �strrbuted to majority of City Council within L. Hall hours of 3jaii- Jennifer j From: Theresa Bass Sent: Tuesday, March 24, 2020 4:06 PM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Cc: Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Jennifer L. Hall; Mike Lyster Subject: Public Comments - Council Meeting March 24, 2020 (as of 4pm) Attachments: PublicCommentCCM032420_Distributed032420_04.pdf Mayor and City Council, Attached are public comments (5 additional emails) received as of 4:00pm, Tuesday March 24, 2020 related to Item No. 11 and 12 (COVID-19 and Urgency Ordinance) on the March 24 Council Agenda. If you have any questions, please don't hesitate to contact me. Thanks, Theresa Theresa Bass, CMC City Clerk City ofAnaheim 200 S. Anaheim Blvd. #217 Anaheim, CA 92805 Email: tbass ,.anaheim.net Phone: (714) 765-5166 1 Fax: (714) 765-4105 Public Comment From: Steve H u len Sent: Tuesday, March 24, 2020 3:33 PM To: Public Comment Subject: Coronavirus rental ordinance Good afternoon Mr. Mayor & Council Members, My wife & I own a three unit building on Dresden Place in Anaheim. While we understand the hardships that come with tenants unable to pay rent because of losing their jobs due to Covid-19 there needs to be consideration of how this can adversely effect landlords. our expenses such as utilities, property taxes, insurance & maintenance costs do not go away. If rents are not received it creates a significant hardship for the landlord. Section 6-B does not provide any specific measures the will take to assist landlords if the measure is passed. If financial relief is not extended, undue hardship will be the end result to all owners of rental property in the city. Thank you Steven & Lorrene Hu len Sent from my iPhone Public Comment From: Rosa Najera Sent: Tuesday, March 24, 2020 3:50 PM To: Public Comment Hi and good afternoon. My name is Rosa Bond and I am a member of St. Boniface Church and a Community organizer for OCCCO. I am a resident of Anaheim and I just wanted to use my voice and represent my community especially those that don't have a platform right now . The fact that Disneyland is closed is the most scariest scene without the zombies in a real life horror movie. It is a real horror movie because the majority of the workers are without jobs and not by choice. We are all fighting for the health of all. But we should also considered their well being. Nobody should be worried about paying rent when there is no way to make ends meet. The rent never forgives anyone. But the Coronavirus has affected us all in a different way. Some are more affected than others. Because are birth place is earth, are race is human, are politics are freedom and are religion is love. Lets support those to stay home and focus on keeping all of us healthy. Because every ones health is the most important especially if we want to get through this together. -- Take care, Rosa Bond Community Organizer occco YOU COUWT, Orange County Congregation Community Organization, OCCCO is a non-profit, non-partisan 501(c)3 organization. OCCCO is not aligned with any political party nor do we support candidates for office. CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, you may not review, copy or distribute this message. If you have received this email in error, please notify the sender immediately and delete the original message. Neither the sender nor the company for which he or she works accepts any liability for any damage caused by any virus transmitted by this email. X2018 Orange County Congregation Community Organization Public Comment From: leena Sent: Tuesday, March 24, 2020 3:39 PM To: Public Comment Subject: Rent and evictions Just want to know if we can't pay rent due to our jobs being shut down from the coronavirus outbreak will we be evicted from our apartment's I don't want to have to worry about not having a place to live because I can't pay my rent and none of this is our fault. Sent from my T -Mobile 4G LTE Device Public Comment From: Margarita Hernandez Sent: Tuesday, March 24, 2020 4:00 PM To: Public Comment Subject: Agenda for 3 24 2020 The stay in place order should apply to all non emergency or direct healthcare providers. A lot of medical billers and collection specialist are still working from a non hospital setting because they are considered essential. Essential should be more defined as emergency services such as working in a hospital directly and non a non emergency service. A lot of people would like to stya home and avoid the spread but are unable to because they are considered essential healthcare providers and not be directly in contact with any patients. Sent from Yahoo Mail on Android Public Comment From: Vern Nelson Sent: Tuesday, March 24, 2020 4:01 PM To: Public Comment Subject: Comment from Vern Nelson for 3/24 meeting Re. Item 12, the Eviction Moratorium. Section 5-A. Ninety days will not be enough for many folks, who even with their jobs were already rent- burened, to pay off their late spring rents while still having to pay their summer/fall rents on time. we should give them six months like Santa Ana and Las Angeles have in their similar ordinances - Anaheim renters are not notably wealthier than renters in those towns. This ordinance will need a lot of public education, maybe a phone number for help. Could the City Attorney assign two or three of his attorneys to mediate for expected tenant -landlord disputes or misunderstandings resulting from this ordinance? Thank you Vern Nelson White Man of Anna Drive. Item # �-�l� , Distributed to majority of City Council within Jennifer L. Hall 72 hours of 31akI961�.Mefirw From: Sent: To: Cc: Subject: Attachments: Mayor and City Council, Theresa Bass Tuesday, March 24, 2020 4:37 PM Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Selmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Jennifer L. Hall; Mike Lyster Public Comments - Council Meeting March 24, 2020 (as of 4:30pm) Pu blicCommentCCM032420_Distri buted032420_05.pdf Attached are public comments (2 additional emails) received as of 4:30pm, Tuesday March 24, 2020 related to Item No. 11 and 12 (COVID-19 and Urgency Ordinance) on the March 24 Council Agenda. If you have any questions, please don't hesitate to contact me. Thanks, Theresa Theresa Bassa CMC City Clerk City ofAnaheim 200 S Anaheim Blvd. #217 Anaheim, CA 92505 Email: tb as s , anaheim. net Phone: (714) 765-51661 Fax: (714) 765-4105 Public Comment From: C. M Sent: Tuesday, March 24, 2020 4:05 PM To: Public Comment Need to halt evictions. Landlord warda Rhuin Khan claims she is immune to housings codes, code enforcement, and and housing regulations, she is claiming that the mayor of Anaheim is her nephew or other related family member. If thats true and code enforcement hasnt been able to do their job effectively and failed to enforce health and safety violations and hold warda Khan responsible for putting the citizens of Anaheim at risk and making children sick, i would for see legal action against the city, mayor, and wards Khan Public Comment From: Isuri Ramos Sent: Tuesday, March 24, 2020 4:30 PM To: Public Comment; City Clerk Cc: Cesar C Subject: Item 12: Eviction Moratorium Ordinance Attachments: Kennedy Commission - Anaheim Eviction Moratorium Covid-19.pdf Hello, Please see the attached letter of support and confirm receipt. Thank you. Best, Isuri S. Ramos The Kennedy Commission Policy Analyst 1 March 24, 2020 Mayor Sidhu and City Counciimembere City of Anaheim 200 S Anaheim Boulevard 7th Floor Anaheim, CA 92805 _ar Re: 12:. Urk-�ri�c' Ordinance - . Iti�i ratorium on the evf tihh f re i retial r commercial al tenants unable to- ply rent because ,a -C- v0 9 Dear Members of the Council, The Kennedy Commission is a broad based coalition of residents and community organizations that advocates for the production of homes affordable for families earning less than $20,000 annually in Grange County. Formed in 2001, the Commission has been successful in partnering and working with jurisdictions in Orange County to create effective policies that has led to the new construction of homes affordable to lower income working families. Given our state's high costs of housing and the extensive rent burden for many California families, we worry that any loss of wages related to the outbreak of CO ID 19 will only further imperil with homelessness our most at -risk families. We know that the need to protect residents that live paycheck to paycheck from the economic fallout of this virus includes protecting there against facing eviction and homelessness which would only further spread this disease and make its containment harder if people don't have a home to care for the health, safety and welfare of their families. Cities across the state have adopted ordinances to protect their residents. On March 16th Governor Newsom said, "Over the next few weeks'. everyone will have to make sacrifices -- but a place to live shouldn't be one of them. I strongly encourage cities and counties to take up this authority to protect Californians." We urge that you pass the urgency ordinance that would provide a moratorium on all evictions within Anaheim and seek ways to expand the city's Safety Net programs to assist all Anaheim residents impacted by the Covid-19 crisis. We also urge that an economic assistance package incorporate immediate assistance to keep low-income working families in their homes and to exacerbate homelessness. If you have any questions please contact Cesar Covarrubias at Sincerely, %=wow" Cesar Covarrubias Executive Director Working for systemic change resulting in the production of homes affordable to Orange County's extremely low-income households Jennifer L. Half From: Sent: To: Cc: Subject: Attachments: Mayor and City Council, Item .Distributed to majority of City Council within 72 hours ofi% meeting. Jennifer L. Hall Tuesday, March 24, 2020 5:08 PM Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Mike Lyster; Theresa Bass Public Comments - Council Meeting March 24, 2020 (as of 5:00pm) Pu bl icCo m mentCCM 032420_Distri buted032420_06.pdf Attached are public comments ( 1 additional email) received as of 5:00pm, Tuesday March 24, 2020 related to Item No. 11 and 12 (COVID-19 and Urgency Ordinance) on the March 24 Council Agenda. Going forward during the meeting, any emails received will be forwarded individually so you receive them as close to real-time as possible. If you have any questions, please don't hesitate to contact me. Thanks, Jennifer Jennifer.L. HaCC cmc Assistant Cit 7 Clerk Office of the City Clerk City of Anaheim 714-765-5166 1 Public Comment From: Sent: Tuesday, March 24, 2020 4:48 PM To: Public Comment Cc: Tony Contorelli Subject: Rent Covid-1 9 From a seared and concerned Small Business Owner, Independent Contractor, Electrical Contractor and renting resident of Anaheim for nearly 20 years.... Please put a hold on rent, please put a hold on mortgage, please put a hold on evictions for our landlord, and for us as renters, as well as homeowners. Please allow for the repayment to be made at least 3 full months after each missed payment. These times are scary, and we are doing all we can to support our city and the efforts to contain this virus, please help us citizens feel financially safe as well. Thank you for your time item ## \V istri• buted to Majority of Cit • Jennifer L. Hall 72 hours of ON� ���an��l W�fh��ing From: Jennifer L. Hall Sent: Tuesday, March 24, 2020 6:00 PM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Cc: Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha SaenZ; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Mike Lyster; Theresa Bass Subject: RE: Public Comments - Council Meeting March 24, 2020 (as of 5:00pm) Attachments: RE ISOLATING AND ENJOYING THE OUTDOORS.pdf Additional comment received at 5:55 P.M. jenniferf. Ha[C cAc Assistant City Clerk Office of the City Clerk Cite of Anaheim 714-765-5166 Public Comment From: Nina Kring Sent: Tuesday, March 24, 2020 5:55 PM To: Public Comment Subject: RE: ISOLATING AND ENJOYING THE OUTDOORS We understand that our comment is late. we appreciate if it can be addressed and expressed to residents somehow. our concern is while we do understand that getting fresh air and keeping social distancing is essential and encouraged it should also be expressed that while people are sharing in a family walk that they be reminded (sad that this is something that has to reminded) to please be courteous to properties and neighbors and residents while on thier walks, tossing a football onto private property or in front isn't necessary, walking is just that a walk not a moving football game, shouting and playing in front of a residents otherwise peaceful property. Going for a walk in groups at 11:00 p.m. at night playing loud music (using phones or other devices to broadcast music) isn't considerate or necessary, while residents enjoy their rights to peace and quiet enjoyment of thier homes. Some of these people should get a message from the The City of Anaheim that consideration and respect is key at all times. we're pretty sure they can toss a football in front of thier own home or play that music using ear buds or play it at thier own home, perhaps they can walls in circles in front of thier yard if they need that loud music because we do not need that loud music disrupting our peace. Some neighbors should adhere to social distance and not continue to have parties at thier homes inviting guests of more than 10. while we do our part we expect others to do theirs. Please keep our streets and neighborhood peaceful, they can go for a quiet family walk but to have people cause commotion and let off thier energies in a most disrespectful way is unacceptable. Please get the message out there, that is what we ask and appreciate Thank you. Item # Distributed to • majority of city Council within Jennifer L. Hall meetings From: Theresa Bass Sent: Monday, March 23, 2020 4:59 PM To: Jennifer L. Hall; Edith Treao Subject: FW: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Brown Act folder. From: Loretta Day <LDay@anaheim.net> Sent: Monday, March 23,2020 1:42 PM To: Jordan Brandman <JBrandman@anaheim.net>; Lucille Kring Jose Moreno <J Moreno@a naheim.net> Cc: Theresa Bass <TBass@anaheim.net>; Annie Mezzacappa <AMezzacappa@anaheim.net> Subject: FW: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Message received for council consideration Re: Item 12, CCM 3/24 From: KATHY CHANCE Sent: Monday, March 23, 2020 12:18 PM To: Council <councili 2anaheim.net>; Trevor O'Neil ETONeiIL4ianaheim.net>; Denise Barnes <DBarnes(CDanaheim.net>; Harry Sidhu (Mayor) <HSidhu@�anaheim.net>; Stephen Faessel <SFaessel anaheim.net>; Lucille Kring <LKringff anaheim.net>; Loretta Day <LDa-)anaheim.net> Cc: Sandra Sagert <SSaert-a)anaheim.net>; Amanda Edinger (Policy Aide to ANA Council Faessel) Tracy Urueta o Jodie Mosley (W ANA NEIGHBORHOOD WATCH) Chris Zapata <CZapata anaheim.net>; Mike Lyster <ML ester @anaheim.net>; Andrew Do OC Supv Do Chaffee Doug [HDA] Bartlett Lisa [HOA] Subject: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Dear Ms Day: FOR THE RECORD: AGAINST item 12 on the March 24, 2020 agenda Here once again the city is getting involved in an issue they have no business being involved in. You are jumping the gun and about to cause MORE HARM TO SMALL BUSINESSES! A Landlord MUST pay the mortgage! And now you want to implement an Order so that renters can take up to 90 days to pay back rent, of which they didn't have the money to pay rent in the first place? What makes you think they Will have money after 90 days of being unemployed? Landlords Will NEVER GET PAID! And rely, with your fingers crossed, that the Federal Government will eventually assist landlords? NO NO NO! It is not the responsibility, to HOUSE FOR FREE, tenants because our Federal Government dropped the ball! DON'T START A PRECEDENT! THERE IS NO WAY A LANDLORD WILL EVER RE -COUP THEIR LOSSES! DON'T GET INVOLVED! THE COUNCIL CONTINUES TO BUTT THEIR NOSE INTO ITEMS THAT THEY SHOULD BE STAYING OUT OF! DON'T DO IT! If these renters don't have the money to pay rent, get a roommate! Or move back home! Batter yet, let the landlords work with their tenants on a case by vase basis. Stop putting your nose where it does not belong. We are tired of working hard and getting screwed time and time AND TIME AGAIN! STOP THIS NONSENSE! BUTT OUT! Cathy Chance Trying to slay above water while my best friend is in ICU fighting for her life! DON'T MAKE IT WORSEN PI This decision will AFFECT HER AND HER FAMILY!! D-1 Item # tcrk ... Distributed to majority of City Council within Jennifer L. Hall 72 hours of S .tea meeting, From: Theresa Bass Sent: Tuesday, March 24, 2020 9:14 AM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Q-0 Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; . Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Jennifer L. Hall; Mike Lyster; Edith Trejo Subject: Public Comments -Council Meeting March 24, 2020 Attachments: PubiicCommentCCM032420_DistributedO32420_ol.pdf Mayor and City Council, Attached are public comments (4 additional emails) received as of gam, Tuesday March 24, 2020 related to Item No. 12 on the March 24 Council Agenda. If you have any questions, please don't hesitate to contact me. Thanks, Theresa Theresa Bass, CMC City Clerk City of Anaheim 200 S Anaheim Blvd. #217 Anaheim, CA 92805 Email: tb ass _ , analheim. net Phone: (714) 765-51661 Fax: (714) 765-4105 Public comment Ike: COVIN -19 before the council on March 24, 2020. Page 1 of 1 Public comment Re: COVID-19 before the council on March 24., 2020. James Hansen Sent:Monday, March 23, 2020 4.39 PM To: Public Comment I am an Apartment owner at' ., Anaheim I have read the proposed ordinance and I like the contents of the Ordinance. I would like to suggest that wording be added regarding when a tenant receives the Federal subsistence checks, that are being discussed in congress today, that a portion of those checks be paid to the landlord by the tenant for rent that is in arears. Thanks for your consideration James Hansen https://cityofanaheim.netlowa/?ae=Item&t=IPM.Note&id=RgAAAACKXy2MMMGSQL... 3/23/2020 RENT INQUIRY Page 1 of 1 RENT INQUIRY Emily Ramon Sent:Monday, March 13, 10ZU 6:44 PM To: Public Comment Dear city council, I am reaching out in behalf of my family, friends, and loved ones in regards to the harsh circumstances we are all facing. with people being left without jobs and no sort of income, we urge property owners to not just put a stop to rent for a few months and charge people after all this is over at full rent price. Instead, we would like for property owners to only charge 50-60% of monthly rent. This way they are not losing anything while also paying the over all property. We understand that this is their business, but I hope owners understand that in these circumstances it is nearly impassible for one to meet ends. Thank you for your time. Sincerely, Emily Y. Ramon http s : He ityofanahe im.net/owal?ae=Item&t=IPM.Note& id=Rg CIXy2MMMGS QL... 3/24/2020 Vote NO on agenda item #12 (24Mar2O2O) Page 1 of 2 Vote NO on agenda item #12 (24Mar2O2O) Linda Lehnkering Sent:Tuesday, March 24, 2020 7:44 AM To: Public Comment Mayor Sidhu, Mayor Pro Tem Kring, Council Member Moreno, Council Member Barnes, Council Member Faessel, Council Member Brandman, and Council Member O'Neill, I am writing you today to urge you to vote NO on item 412 on today's agenda (March 24, 2020). While I appreciate the attempt to protect residents and businesses from the economic downturn due to COVID-19, I believe the ordinance as currently written will do more harm than good, particularly for residents. I am concerned about the undue burden of proof placed on residents which will make it harder for most tenants to protect themselves. Specifically, the biggest problem in Anaheim's ordinance is Section Z(D) (which is a key term referred to in all the other protections language) - D. To take advantage of the protections afforded under this ordinance, a tenant must do all the following: i. Notify the landlord in writing before the day rent is due that the tenant has a covered reason for delayed payment; ii. Provide the landlord With verifiable documentation to support the assertion of a covered reason for delayed payment; and iii. Pay the portion of rent that the tenant is able to pay. What that mechanism means, in practice, is that Anaheim's ordinance would ONLY restrict landlords if the tenant takes other steps. A tenant fighting an eviction who fails to give a landlord the notice provided for in (i)? Nothing. A tenant fighting a landlord who fails to provide 'verifiable documentation'? Nothing. A tenant who doesn't pay 'the portion a tenant is able to pay'? Nothing. Comparatively, any size shop in Anaheim - even the smallest business renting a building - is in a better position than the majority of poor renters - they can hire a bookkeeper, maintain their proof of income, and file the forms to meet the three criteria. Most residential renters cannot do that. We should not have the same standards applied for poor renters that we do for giant big box stores. If we do, then the end result will be that the protection in this moratorium falls to the richest business owners, but not to the poorest renters who need it the most but are often the least capable of utilizing these protections. None of us Want to see an increase in homelessness due to a poorly written ordinance. I urge you to instead use a tenants rights lawyer or advocate to improve any ordinance before voting on it. Thank you for your consideration in this matter. Sincerely, Linda Lehnkering Anaheim CA 92805 https:Hcltyofanaheim.net/owa/?ae=Item&t=IPM.Note&id=Rg CI y2MMMGSQL... 3/24/2020 Vote NO on agenda item #12 (24Mar2O2O) MM Linda Lehnkering Page 2 of 2 "Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." -Margaret Mead https-.Hcityofanaheim.netIowa/?ae=Item&t=IPM.Note&id=Rg CK y2MMMGSQL... 3/24/2020 Dent relieve Rent relieve Ada Ig isa ]vacs Sent:Tuesday, March 24, 2020 8:43 AM To: Public Comment City council members, I hope you and your families are doing well. This is a difficult time for all of us so in consideration of the circumstances I urge the city council to do the right thing for the residents of Anaheim and support a clear moratorium for evictions of residential and commercial properties. Stay safe and healthy Ada Tamayo Anaheim, CA 92805 Page 1 of 1 https://cityofanaheim.netlowa/?ae=Item&t=IPMNote&id=RgAAAACKXy2MMMGSQL... 3/24/2020 Jennifer L. Hall From: Theresa Bass _ Sent: Tuesday, March 24, 2020 10:36 AM 'tem # �tSt =� �. • ributed to Jennifer L. Hall -najority of Qty Council within n Subject: FW: Please vote yes on Agenda item #12 72hours of - GGtifngr From: Randle-Trejo, Annemarie Sent: Tuesday, March 24, 2020 10:33 AM To: Harry Sidhu (Mayor) Subject: Please vote yes on Agenda item #12 __ Annemarie Randle-Trejo Board of Trustees Anaheim Union High School District E-mail Confidentiality Notice This e-mail communication and any attachments, including documents, files, or previous e-mail messages, constitute electronic communications within the scope of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. This e-mail communication may contain non-public, confidential or legally privileged information intended for the sole use of the designated recipients). The unauthorized and intentional interception, use, copy or disclosure of such information, or attempt to do so, is strictly prohibited and may be unlawful under applicable laws. 18 U.S.C. § 2611. If you have received this e-mail communication in error, please immediately notify the sender by return e-mail and delete the original e-mail from your system. 1 Jennifer L. Hall From: Theresa Bass Sent: Tuesday, March 24, 2020 10:33 AM To: Jennifer L. Hall Subject: FW: Agenda Item 12, 3/24/2020 - Moratorium on Evictions Attachments: 1. ordinance25429.pdf Item #I�, , Distributed to majority of city council within 72 hours of meeting. From: Annie Mezzacappa <AMezzacappa@anaheim.net> Sent: Tuesday, March 24,.2020 10,32 AM To: Theresa Bass <TBass@anaheim.net> Subject: FW: Agenda Item 12, 3/24/2020 - Moratorium on Evictions Forwarding - FYI Annie Mezzaca ppa Chief of Staff to Anaheim Mayor Harry S. Sidhu, P.E. amezzaca ppa-.r_L-anaheim. net From: Andy Lewandowski Sent: Tuesday, March 24, 2020 10:34 AM To: Harry Sidhu (Mayor); ,Jordan Brandman; Lucille Kring; Stephen Faessel; Trevor O'Neil; Jose Moreno; Denise Barnes Subject: Agenda Item 12, 3/24/2020 - Moratorium on Evictions Dear Mayor and Council members, I am writing in regards to item 12 on tonight's city council meeting agenda. We need you to protect our residents, families, and small businesses by enacting a moratorium on evictions, rent increases, utility shut offs, and late fees. We also need an emergency citywide rental assistance fund for families due to loss of wages and small businesses that cannot pay rent due to loss of profits. The ordinance as written is a step in the right direction, but there are two sections that are very concerning. While I enourage your "yes" votes on the ordinance tonight, I also strongly urge you to amend the following language: Section 2(D): This section places the identical requirements on residents as it does for commercial tenants in 3(D). There should be no burden on tenants to prove hardship due to the current public health crisis. It impacts our families, loved ones, and the community as a whole in many ways. The availability of assistance, if needed, should not be conditional, and promotes the general welfare of our city and surrounding communities. Stikeing this section would also requires stiking out" If a tenant complies with the requirements of this ordinance" from section 2(E) Section 5(A) There is no language in this section differntiating between commercial and residential tenants. The go day payback period should be extended to a minimum of six months (180 days) for residential tenants. If a State or National stay-at-home or shelter -in-place order is in effect for months, not weeks, you should also consider extending the payback period further with a subsequent ordinance or amendment. Thank you for your consideration. Sincerly, Andy J Lewandowski Anaheim, CA ORDINANCE NO. AN UNCODIFIED (URGENCY) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IMPOSING A TEMPORARY MORATORIUM ON THE EVICTION OF RESIDENTIAL OR COMMERCIAL TENANTS UNABLE TO PAY RENT BECAUSE OF COVID-19, DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION, AND PROVIDING DIRECTION TO THE CITY MANAGER REGARDING OTHER POSSIBLE ASSISTANCE TO ANAHEIM RESIDENTS AND BUSINESSES The City Council of the City of Anaheim finds and declares as follows: SECTION 1. Findings, A. On March 4, 2020, the Governor declared a State of Emergency in California due to the threat of Coronavirus Disease 2019 ("COVID-19"). On March 17, 2020, the Orange County Public Health Officer declared a public health emergency in Orange County due to COVID-19, which was updated on March 18, 2020. Due to directives from federal, state, and local health officials, residents have been advised to avoid public gatherings and stay at home to prevent the spread of this disease. B. On March 16, 2020, the Governor issued Executive Order N-28-20. The Order suspends any state law that would preempt or otherwise restrict the City's exercise of its police power to impose substantive limitations on residential or commercial evictions based on nonpayment of rent resulting from the impacts of COVID-19. C. The City of Anaheim has been impacted by the health crisis of this global pandemic. Sporting events, concerts, plays, and conferences have been cancelled. School closures have occurred and may continue. Employees have been advised to work at home. As a result, restaurant and retail business has significantly declined and workers have been impacted by lost wages and layoffs. Parents have had to miss work to care for home -bound school-age children. As the virus spreads, workers may have to stay home and businesses may have to restrict their activities or close for extended periods. D. Many residential and commercial tenants have experienced sudden income or revenue loss, and further income impacts are anticipated. The loss of income and revenue caused by the effects of COVID-19 may impact tenants' ability to pay rent when due, leaving tenants vulnerable to eviction. E. Providing tenants with a short-term protection from eviction due to the inability to pay rent will help avoid increasing the homeless population and stabilize the rental housing and commercial real estate market by reducing displacement. 1 F. During this state of emergency, and in the interests of protecting the public health and preventing transmission of CDVID-19, it is essential to avoid unnecessary displacement of tenants. Prohibiting residential and commercial evictions on a temporary basis is necessary until the spread of the virus can be minimized and the emergency restrictions lifted. G. Nothing in this ordinance wa16 ives a tenant's obligation to pay back rent owed once this ordinance is no longer effective, under the terms set forth in Section S, below. SECTION Z. Moratorium on residential evictions due to nonpayment of rent during the COVID-19 emergency. A. This Section 2 will remain in effect until April 30, 2020, unless extended by the City Council. B. No landlord shall initiate proceedings or otherwise take steps to evict a tenant for nonpayment of rent from any residential dwelling (including single family and multi- family homes, mobile homes or other structures lawfully used as a residential dwelling) if the tenant, in accordance with this subsection D, demonstrates that the inability to pay rent is due to COVID-19, the state of emergency regarding CDVID-19, or following government -recommended CDVID-19 precautions. C. As used in this Section 2, "covered reason for delayed payment" means a tenant's loss of income due to any of the following: (i) the tenant was/is sick with COVID- 19 or caring for a household or family member who was/is sick with COVID-19; (ii) the tenant experienced a lay-off, loss of hours, or other income reduction resulting from CDVID-19 or the state of emergency; (iii) the tenant's compliance with a recommendation from a government agency to stay home, self -quarantine, or avoid congregating with others during the state of emergency; or (iv) the tenant's need to miss work to care for a home -bound school-age child. D_ To take advantage of the protections afforded under this ordinance, a tenant must do all the following: ii. Notify the landlord in writing before the day rent is due that the tenant has a covered reason for delayed payment; ii. Provide the landlord with verifiable documentation to support the assertion of a covered reason for delayed payment; and iii. Fay the portion of rent that the tenant is able to pay. E. If a tenant complies with the requirements of this ordinance, a landlord shall not serve a notice pursuant to California Code of Civil Procedure sections 1161 and 11623 file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise take steps to evict the tenant for nonpayment of rent. F. Nothing in this ordinance relieves the tenant of liability for the unpaid rent after expiration of this ordinance. SECTION 3. Moratorium on commercial evictions due to nonpayment of rent during the COVIN -19 emergency. A. This Section 3 remains in effect until April 30, 2020, unless extended by the City Council. E. No landlord shall initiate proceedings or otherwise take steps to evict a commercial tenant (a business or commercial enterprise renting or leasing a structure used for business purposes) for nonpayment of rent if the tenant, in accordance with this subsection D. demonstrates that the inability to pay rent is due to COVID-19, the state of emergency regarding COVID-19, or fallowing government -recommended COVID-19 precautions. C. As used in this Section 3, `covered reason for delayed payment" means a tenant's loss of business income due to any of the following: (i) the owner, management personnel, or key employees of the business were/are sick with COVID-19 or caring for household or family members who were/are sick with COVID-19; (ii) the business experienced income reduction resulting from COVID-19 or the state of emergency; (iii) the business's compliance with a recommendation from a government agency to close, reduce service, or limit contact between members of the public and its personnel/employees; or (iv) key employee(s) of the business need to miss work to care for a home -bound school-age child. D. To take advantage of the protections afforded under this ordinance, a tenant must do all the following: L Notify the landlord in writing before the day rent is due that the tenant has a covered reason for delayed payment; ii. Provide the landlord with verifiable documentation to support the assertion of a covered reason for delayed payment; and iii. Pay the portion of rent that the tenant is able to pay. E. If a tenant complies with the requirements of this ordinance, a landlord shall not serve a notice pursuant to California Code of Civil Procedure sections 1161 and 1162, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise take steps to evict the tenant for nonpayment of rent. F. Nothing in this ordinance relieves the tenant of liability for the unpaid rent after expiration of this ordinance. SECTION 4. Effective Date. This ordinance tales effect immediately upon enactment. SECTION 5. Ninety -flay Payback Period. A. A tenant afforded eviction protection under Sections 2 or 3 of this ordinance shall have up to ninety (90) days after the expiration of this ordinance to pay its landlord unpaid rent. The terms of the repayment plan are to be agreed upon between the landlord and tenant, provided that, if no agreement is reached between the landlord and tenant, the back/past rent due shall be repaid in three (3) equal installments to be paid in monthly intervals beginning thirty (30) days after the date the rent becomes due pursuant to the terms of this ordinance. No late fees, costs or other penalties shall be assessed or due from the tenant based on the delay "n paying rent as provided for in this ordinance. During this 90 -day period, the protections against eviction set forth in Sections 2 and 3 of this ordinance shall apply to such tenants. B. The date upon which a delayed payment comes due for the purposes of Code of Civil Procedure Section 1161(2) shall be the date agreed upon by the landlord and tenant in a repayment plan, or, if no agreement is reached as specified in subsection (A) above. SECTION 6. Additional Direction by the City Council. A. The City Council directs the City Manager to develop and disseminate materials explaining the provisions of this ordinance to residential and commercial tenants and landlords in Anaheim. B. The City Council finds that the impact of non-payment of rent could have severe consequences on rental property owners, which harm could be mitigated by federal housing assistance and funding. The Council accordingly directs the City Manager, at the earliest possible opportunity, to request that the federal government include an increase in federal housing funding to support tenants and landlords negatively impacted by the COVID-19 crisis and reimburse cities who assist tenants and landlords. C. The City Council finds that the recently adopted Senior Safety Net Program, which utilizes state and federal housing funds to assist Anaheim Senior Citizens with housing costs, could be expanded to include all Anaheim residents impacted by the COVID-19 crisis, and directs the City Manager to report to the City Council at the earliest possible date the viability of expanding this program to all residents impacted by the COVIN -19 crisis. D. The City Council acknowledges the Governor's Executive order N-33-20, also known as the "Stay at Home Except for Essential Needs" order. The City Council directs the City Manager to report back to the City Council at the earliest possible date a local implementation plan for this order to the extent local flexibility is allowed. E. The City Council acknowledges the severe economic impact of the COVID-19 crisis and related government actions, and directs the City Manager to work with affected stakeholders and report back to the City Council at the earliest possible date a package of economic assistance and recovery recommendations for the Council to consider to have Anaheim prepared for economic recovery. SECTION 7. Emergency Declaration. The City Council declares this ordinance to be an emergency measure, to take effect immediately upon adoption by a four-fifths vote pursuant to Anaheim City Charter section 511. The facts constituting the emergency are as follows: The directives from health officials to contain the spread of COVIN -19 have resulted in loss of business, furloughs, lost wages, and lack of work for employees. To protect the public health, safety, and welfare, the City must act, on an emergency basis, to temporarily prohibit the eviction of residential and commercial tenants who are unable to pay rent due to income losses caused by the effects of COVID-19. SECTION S. The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. H 11 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 24thplay of March. 2020, and passed and adopted as an urgency measure on that date, by the following vote, and shall be and became effective immediately: IWAVAIW NOES: ABSENT: ABSTAIN: CITY OF ANHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM Jennifer L. Hall From: Theresa Bass Sent: Tuesday, March 24, 2020 11:55 AM To: Jennifer L. Hall Subject: FW: Support Yes on item 12 Eviction Moratorium .'tem # _ �.. Distributed to majority of City Council within From: Loretta Day <LDay anaheim.net> '72 hours meeting. Sent: Tuesday, March 24, 2020 9:20 AM To: Theresa Bass <TBass@anaheim.net> Cc: Lauren Torres <LTorres@anaheim.net> Subject: FW: Support Yes on item 12 Eviction Moratorium Good morning Theresa, Please see message sent to all members from Tamara Jimenez re: Item 12, ccm 3/24. Thanks! Loretta From: Tamara Jimenez Sent: Monday, March 23,2020 10:48 PM To: Trevor O'Neil <TONeil ti-Danaheim.net>; Annie Mezzacappa <AMezzaca[)pa@anaheim.net>; Denise Barnes <DBa rnes(,L11 ana heim. net>; Harry Sidhu (Mayor) <HSidhu��anaheim.net>; Helen Myers <HMyers anaheim.net>; Jordan Brandman <JBrandman � anaheim.net>; Jose Moreno <JMoreno 'anaheim.net>; Justin Glover <JGlover 2anaheim.net>; Lucille Kring <l-Kring anaheim.net>; Nam Bartash <NBartash�Rlanaheim.net>; Salvador Figueroa <SFip,ueroa ``ianahelm.net>; Samantha Saenz eSSaenz }anaheim.net>; Sarah Bartczak <SBartczak@anaheim.net>; Stephen Faessel <SFaessel anaheim.net>; Amanda Edinger <AEdin serLE) anaheim.net>; Loretta Day <LDa@anaheim.net> Cc: publiccommentsanaheim.net Subject: Support Yes on item 12 Eviction Moratorium Good evening, I'm writing to express our strong support for voting yes on agenda item 12 Eviction moratorium. As a small business in the healthcare industry we have been deeply affected by Covid-19, no one wants to go to rehab during this pandemic. Our census has dropped to less than 1/2 of the patients we usually have. On a personal note, my daughter and grandkids are residents of Anaheim and have been affected by COVID-19 as well. She was exposed at the shelter she works in and now has to work from home but is concerned as to how long that will last. So on a personal note I am asking you to support this moratorium. Thank you and hope to see you all soon! Have a great day, Tamara Jimenez Community Relations Manager Li ghthous e CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Item # �r�.. . Distributed to t-najority of City Council within Jennifer L. Hall Z2 hours of 3 �ao�lp meeti�,cr, From: Theresa Bass Sent: Tuesday, March 24, 2020 10:50 AM To: Jennifer L. Hall Subject: FW: Item #12 re: Temporary moratorium on all residential and commercial evictions From: Duane Roberts Sent: Monday, March 23, 2020 9:51 PM To: Lucille Kring; Harry Sidhu (Mayor); Jordan Brandman; Jose Moreno; Denise Barnes; Stephen Faessel; Trevor O'Neil Cc: Chris Zapata; Gregory Garcia Subject: Item #12 re: Temporary moratorium on all residential and commercial evictions Monday, March 23, 2020 Re: Item #12 Dear Mayor Harry Sidhu and members of the Anaheim City Council: I'm writing this email in support of Item #12 on the agenda giving the City of Anaheim the authority to impose a temporary moratorium on all residential and commercial evictions during the COVID-19 crisis. But I'm of the opinion the time to pay back rent is way too short. I believe that if a landlord and tenant cannot come to an agreement on how to pay what is owed, then the latter should be given up to six months to do it ---not three. Here is my rationale for this: First, it will be much easier to pay back rent if it is made in installments that are spread out over a six month period. The net result is that the monthly payments will be lower, making it less burdensome on tenants. If you keep the period at three months, the payments for back rent will be much higher, increasing the chances tenants might default, spurring more evictions, homelessness, and further destabilization of the real estate market. Second,. I expect President Donald Trump will support a Keynesian stimulus package that will pump at least a trillion dollars into local and state economies to boost aggregate demand. But understand the effects of this won't be seen immediately: It might take a few months for it to have a ripple effect. A lower monthly payment to pay back rent will give tenants more disposable income to buy things, which in turn spurs an economic recovery. Regardless of what the situation might be, 1 feel that any ordinance the city council passes which imposes a temporary moratorium on all residential and commercial evictions is better than no ordinance at all. Nevertheless, I do believe giving tenants up to six months to pay back rent is quite prudent given the uncertainty we are facing. I think the advantages of doing this far outweigh the disadvantages, both economically and morally. Sincerely, Duane J. Roberts Anaheim, California 92804-4254 Item # -Distributed t majority of& City Council within Jennifer L. Hall From: Jennifer L. Hall Sent: Tuesday, March 24, 2020 6:20 PM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Cc: Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartcaak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Mike Lyster; Theresa Bass Subject: Public Comments - Council Meeting March 24, 2020 - 6-017 P.M. Attachments: City Council comments.pdf Additional comment (1 email) received at 6:17 P.M. Jenniferf. HaCC cvc Assistant City Clerk Office of the Cit�7 Clerk City of Anaheim 714-765-5166 Public Comment From: Luisa Lopez _ - %W _ _ _ Sent: Tuesday, March 24, 2020 6:17 PM To: Public Comment Subject: City Council comments Hello, my comment is regarding the rent and bills for the rest of this pandemic. So many people have been laid off or cannot work because of the virus, so many low-income households who live paycheck to paycheck will not have enough to pay this month, let alone the rest of the months rent. I want to know what is being done to help those families. will there be a rent freeze? Because there should be. will there be another meeting next week? -- Luisa Lopez Alejandre (Shelherlelia) Improving Dreams, Equity, Access, & Success 0PEA' - �. SAC I . D. E.A.S. improving Dreams, Cgwry, Acces. and Success Item #Vo�,...�. -- p Distributed to majority of City CoV.1161• Jennifer L. Hall th�r� From: Jennifer L. Hall Sent: Tuesday, March 24, 2020 7:02 PM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Cc: Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; Samantha Saenz; Annie Mezzacappa; Arianna Barrios; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Mike Lyster; Theresa Bass Subject: Public Comments - Council Meeting March 24, 2020 - 7:00 P.M. Attachments: Rent M o rata ri u m. pdf Additional comment (1 email) received at 7:00 P.M. Jennifer.L. HaC� cNc Assistant City Clerk Office of the City Clerk City of Anaheim 714-765-5166 1 Public Comment From: Sent: Tuesday, March 24, 2020 7:00 PM To: Public Comment Cc: Tony Contorelli Subject: Rent Moratorium Listening to the meeting right now, proud of our city for trying to help residents. However, our family is wondering how independent contractors are supposed to show proof of lost hours due to COVID-19. Construction is still allowed & considered essential, however, that doesn't mean people are calling for construction services, especially inside their home at a time life this. Thank you for your time, S �kem ## _ �� Distributed to nnajority of City Council within 7' 2 hours ofItc)Wgoo-o meeting.Jennifer L. Hall From: Jennifer L. Hall Sent: Tuesday, March 24, 2020 7:23 PM To: Harry Sidhu (Mayor); Jordan Brandman; Trevor O'Neil; Lucille Kring; Jose Moreno; Denise Barnes; Stephen Faessel Cc: Justin Glover; Salvador Figueroa; Nam Bartash; Amanda Edinger; 'daniel@presidiosc.com'; Samantha Saenz; Annie Mezzacappa; 'Arianna Barrios'; Helen Myers; Cynthia Ward; Sarah Bartczak; Marisol Ramirez; Chris Zapata; Gregory Garcia; David Belmer; Robert Fabela; Kristin Pelletier; Lisa Hughes; Mike Lyster; Theresa Bass Subject: Public Comments - Council Meeting March 24, 2020 - 7:21 P.M. Attachments; Eviction relief.pdf Additional comment (1 email) received at 7:21 P.M. Jennifer.f. HaCC cNc Assistant City Clerk Office of d -le Cit 7 Clerk Ci-�r of Anaheim 714-765-5166 Public Comment From: Ahmad Haridy Sent: Tuesday, March 2-4, ZUZU /:Z1 NM To: Public Comment Subject: Eviction relief Hi, My name is Ahmed Haridy and I've been living in the city of Anaheim for more than 15 years now. I have lung condition ( silicosis) but since I work as a Non -emergency medical transportation driver and I meet many patients every day, I was advised to stop working and stay home until - at least - the beginning of April but we all know that the stay home policy could last much longer and that's why I urge the City of Anaheim to start the Eviction Relief as soon as possible. Thank you Sent from Yahoo Mail on Android Jennifer L. Hall item # � � _ . Distributed to majority Of ,�C'ity Council within 72 hours of �akl 26a} miP_PtinP' From: Theresa Bass Sent: Sunday, March 29, 2020 10:55 PM To: Jennifer L. Hall Subject: FIN: Support Eviction Moratorium - CCM 3/24 From: Loretta Day <LDay@a na hei m.net> Sent: Tuesday, March 24, 2020 3:04 PM To: Theresa Bass <TBass@anaheim.net>; Denise Barnes <DBarnes@anaheim.net>; Jordan Brandman {J Brand man@anaheim.net>; Jose Moreno <JMoreno@anaheim.net>; Lucille Kring _ _ Lucille Kring <LKring@anaheim.net>; Harry Sidhu (Mayor) <HSidhu@anaheim.net>; Stephen Faessel <SFaessel@anaheim.net}; Trevor O'Neil <TONeil @anaheim.net> Cc: Lauren Torres <LTorres@anaheim.net>; Amanda Edinger <AEdinger@anaheim.net>; Annie Mezzacappa <AMezzacappa@anaheim.net>; Cynthia Ward <CWard@anaheim.net>; Daniel Fierro <DFierro@anaheim.net>; Helen Myers <HMyers@anaheim.net>; Justin Glover <JGlover@anaheim.net>; Marisol Ramirez <MaRamirez@anaheim.net>; Nam Bartash <NBartash@anaheim.net>; Salvador Figueroa <SFigueroa@anaheim.net>; Samantha Saenz <SSaenz@anaheim.net>; Sarah Bartczak ESBartczak@anaheim.net> Subject: Support Eviction Moratorium - CCM 3/24 Mayor and Council, For your consideration. From: Freddy Talks Sent: Tuesday, March 24, 2020 2:26 PM To: Loretta Day <LDav Danaheim.net>; Public Comment <Publiccomment@anaheim.net> Subject: Support Eviction Moratorium Hello to whom it may concern, My name is Freddy Fitzgerald I am a long time Anaheim Resident and I write this email because given the health crisis the community needs our leaders to support the measure of an eviction moratorium for both renters and businesses. A lot of the community if not everyone has suffered some major change in their finances. So I plead with you togive the many families and business owners who love Anaheim so much the break they need to get back on their feet. No one should be kicked out of their houses or businesses during a health crisis such as the one we are facing now. We are counting on you our leaders to lead us safely into a better tomorrow. I also want to add, to lengthen the time to be able to pay back will help a lot. I know 3 months has been in the conversation but I would like to encourage you to stretch it out to 6 months. Because realistically spearing most families and even businesses would struggle to pay back in such a short amount of time. This would create an unnecessary animosity. Shove the business community that Anaheim is a business city for small business owners as well. FAV: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Page I of 2 FW: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Mike Lyster Sent:Monday, March 23, ## � 2020 12:26 PM Item L Distributed to To: Public Comment majority of Ci y unci) within This came into Council and myself. Sharing here. 72 hours of meeting. From: KATHY CHANCE - Sent: Monday.. March 23.,2020 12:18 PM To: Council <councilanaheim.net>; Trevor O'Neil <TONeil@anaheim.net>; Denise Barnes <DBarnes@anaheim.net>; Harry Sidhu (Mayor) <HSidhu@anaheim.net>; Stephen Faessel {SFaessel@anaheim.net>; Lucille Kring <LKring@anaheim.net>; Loretta Day <LDay@anaheim.net> Cc: Sandra Sagert <SSagert@anaheim.net>; Amanda Edinger (Policy Aide to ANA Council Faessel) Tracy U rueta Jodie Mosley (W ANA NEIGHBORHOOD WATCH) Chris Zapata <CZapata@anaheim.net>; Mike Lyster <M1 vStpr ;;n;;hP1m npt>• Andrew Do OC Supv Do Chaffee Doug [HOA] Bartlett Lisa [HOA] Subject: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Dear Ms Day: FOR THE RECORD: AGAINST item 12 on the March 24, 2020 agenda Here once again the city is getting involved in an issue they have no business being involved in. You are jumping the gun and about to cause MORE HARM TO SMALL BUSINESSES! A Landlord MUST pay the mortgage! And now you want to implement an Order so that renters can take up to 90 days to pay back rent, of which they didn't have the money to pay rent in the first place? What makes you think they will have money after go days of being unemployed? Landlords will NEVER GET PAID! And rely, with your fingers crossed, that the Federal Government will eventually assist landlords? NO NO NO! It is not the responsibility, to HOUSE FOR FREE, tenants because our Federal Government dropped the ball! DON'T START A PRECEDENT! THERE IS NO WAY A LANDLORD WILL EVER RE -COUP THEIR LOSSES! DON'T GET INVOLVED! THE COUNCIL CONTINUES TO BUTT THEIR NOSE INTO ITEMS THAT THEY SHOULD BE STAYING OUT OF! DON'T DO IT! If these renters don't have the money to pay rent, get a roommate! Or move back home! Better yet, let the landlords work with their tenants on a case by case basis. Stop putting your nose where it does not belong. We are tired of working hard and getting screwed time and time AND TIME AGAIN! STOP THIS NONSENSE! BUTT OUT! Kathy Chance Trying to stay above wafer while my best friend is in ICU fighting for her life! DON'T MAKE IT WORSE!! li This decision will AFFECT HER AND HER FA MIL YLI FW: AGAINST: Item 12 on Anaheim City Council Agenda for Tuesday, March 24th, 2020 Page 2 of 2 D-1