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File #: 20-0810    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 8/26/2020 In control: County Counsel
On agenda: 9/1/2020 Final action:
Title: Discussion and Possible Action Including Adoption of Urgency Ordinance Enacting Temporary Restrictions on Covid-19 Pandemic Related Commercial and Residential Evictions (Sponsor: County Counsel)
Sponsors: County Counsel
Attachments: 1. Urgency Eviction Ordinance 2020.09.pdf, 2. Exhibit 1, 3. Appendix I, 4. Redline Comparison to Ord No 4460 (9-1-20), 5. 08-31-20 Badenfort Correspondence, 6. 08-31-20 Northbay Association of Realtors Correspondence (1), 7. 08-31-20 Northbay Association of Realtors Correspondence (3), 8. 08-31-20 Northbay Association of Realtors Correspondence (2)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromCounty Counsel

Meeting DateSeptember 1, 2020

 

Department Contact:  

Christian Curtis

Phone: 

234-6885

 

 

 

 

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 15 mins

 

 

Agenda Title:

title

Discussion and Possible Action Including Adoption of Urgency Ordinance Enacting Temporary Restrictions on Covid-19 Pandemic Related Commercial and Residential Evictions

(Sponsor: County Counsel)

End

 

Recommended Action/Motion:

recommendation

Adopt Urgency Ordinance enacting temporary restrictions on Covid-19 Pandemic related commercial and residential evictions; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On March 24, 2020, the Board adopted Urgency Ordinance No. 4460, which provided temporary restrictions on commercial and residential evictions, and which sunset on May 31, 2020; on August 18, 2020, the Board directed staff to make changes to and return to the Board with a proposed urgency ordinance providing temporary eviction restrictions.                     

 

Summary of Request

The health and safety concerns and conditions under which this Board adopted Ordinance 446o, on March 24, 2020, persist today.  We continue to shelter in place as a result of the Covid-19 Pandemic, without a vaccine and without any known cure to this deadly virus.  Ordinance No. 4460 had restricted commencement of evictions and foreclosure proceedings if certain Covid-19 related conditions applied.  When the Judicial Counsel established Emergency Rules 1 & 2 of Appendix I on April 6, 2020, which restricted eviction and foreclosure proceedings, it imposed restrictions at a state level that were similar to Ordinance 4460.  Thereafter Ordinance No. 4460 sunset, while the Judicial Counsel’s Emergency Rules persisted.  However, Emergency Rules 1 & 2 are set to expire on September 1, 2020.  As directed by the Board, the proposed ordinance reflects board direction given on August 18, 2020.  For the health and safety of the people of Mendocino County, the Board’s approval is requested to adopt the proposed ordinance, which is similar to Ordinance No. 4460, in order to maintain the restrictions on eviction and foreclosure proceedings.  This ordinance is in accord with the Governor’s Executive Order N-28-20, which is currently effective until September 30, 2020.

 

Alternative Action/Motion:

Do not adopt Urgency Ordinance.                     

 

Supervisorial District:  All

                                          

vote requirement:  4/5ths

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 

budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk I

Final Status:Direction Given to Staff

Date: September 3, 2020