Meeting Time: March 24, 2020 at 7:00pm PDT
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Agenda Item

a) REPORT 20-0176 TEMPORARY MORATORIUM ON FORECLOSURES AND RESIDENTIAL AND COMMERCIAL EVICTIONS FOR NONPAYMENT OF RENT DURING COVID-19 PANDEMIC (City Attorney Michael Jenkins) (Assistant City Attorney Lauren Langer)

Legislation Text 1. Urgency Ordinance - Commercial and Residential Eviction and Foreclosure Moratorium 2. SUPPLEMENTAL Email from Raymond Dussault (submitted 3-22-20 at 1:05pm).pdf 3. SUPPLEMENTAL Email from Cathy Chambliss (submitted 3-23-20 at 1:15pm).pdf 4. SUPPLEMENTAL eComment from Therese De Vos (submitted 3-23-20 at 4:42pm).pdf 5. SUPPLEMENTAL eComment from John Wallace (submitted 3-23-20 at 7:15pm).pdf 6. SUPPLEMENTAL Email from Nicole Childs (submitted 3-23-20 at 7:12pm).pdf 7. SUPPLEMENTAL Email from Gary Kazanjian (submitted 3-23-20 at 7:06pm).pdf 8. SUPPLEMENTAL Email from Betsy Ryan (submitted 3-24-20 at 9:50am).pdf 9. SUPPLEMENTAL eComment from Amanda Bauer (submitted 3-24-20 at 11:10am).pdf 10. SUPPLEMENTAL Email from Erica Matsubara (submitted 3-24-20 at 11:40am).pdf 11. SUPPLEMENTAL REVISED Urgency Ordinance from City Attorney Michael Jenkins - REDLINE (added 3-24-20 at 12:30pm).pdf 12. SUPPLEMENTAL REVISED Urgency Ordinance from City Attorney Michael Jenkins - CLEAN (added 3-24-20 at 12:30pm).pdf 13. SUPPLEMENTAL Redline of Urgency Ordinance from Mayor Pro Tem Justin Massey (added 3-24-20 at 2:00pm).pdf 14. SUPPLEMENTAL 06-17-15 Letter to FPPC submitted by Councilmember Fangary (added 3-24-20 at 2:00pm).pdf 15. SUPPLEMENTAL 07-01-15 Response from FPPC submitted by Councilmember Fangary (added 3-24-20 at 2:00pm).pdf 16. SUPPLEMENTAL Email from Lexy Orms (submitted 3-24-20 at 12:52pm).pdf 17. SUPPLEMENTAL Email from Stefanie (submitted 3-24-20 at 1:21pm).pdf 18. SUPPLEMENTAL Email from Cailey Braunecker (submitted 3-24-20 at 1:42pm).pdf 19. SUPPLEMENTAL Email from Blair Berndes (submitted 3-24-20 at 1:48pm).pdf 20. SUPPLEMENTAL Email from Carly Aguilar (submitted 3-24-20 at 2:30pm).pdf 21. SUPPLEMENTAL Email from Kaci Spainhour (submitted 3-24-20 at 3:22pm).pdf 22. SUPPLEMENTAL Email from Solange Comer (submitted 3-24-20 at 3:29pm).pdf 23. SUPPLEMENTAL eComment from Joseph Verbrugge (submitted 3-24-20 at 4:14pm).pdf 24. SUPPLEMENTAL eComment from Sheryl Main (submitted 3-24-20 at 4:53pm).pdf 25. SUPPLEMENTAL Email from Scott Hayes (submitted 3-24-20 at 6:19pm).pdf
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    Joseph Verbrugge 6 months ago

    I like the proposed ordnance as written. However, I think that any council member who is a residential or commercial landlord/tenant within the City of Hermosa beach should recuse themselves from voting. We don’t want risk of a conflict of interest lawsuit

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    Amanda Bauer 6 months ago

    Hi, I am the owner of Beck + Brix on pier ave. We are a hair salon that has bee open almost 2 years. We pay high rent, which we have always paid. Love the location. I dont think its too much to ask for a break from landlords, discounted rent, when we arent even allowed to be doing business in that location right now. Its not like we are asking to not pay rent on our houses, we are currently still living in. This is a business, s small one that cant survive multiple days, weeks or months(I hope and pray not) without income coming in, while paying our high rent.

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    John Wallace 6 months ago

    This should be a matter between Landlord and tenant (not Government) and should be at the landlord's discretion. I do not have concerns with any of our tenants who are all stable. We can resolve this with them if there is true need, lack of work or lack of compensation for not working or affliction from CV. But my wife and I are not a REIT or private equity. We are tax paying small business property owners who are preparing for retirement. Getting government involved turns this into a negotiation, levels the playing field and subliminally sends the message that rent is optional. Including mandatory payback in 6 months in legislation is a step towards fairness, but 6 months is a long time from now. Creep is a dangerous thing and 6 months from now tenants may feel different and feel they have other priorities more pressing than paying back rent and not consider it an obligation. This should not be an extra tax on landlords, highly discriminatory. Government positions can morph also. Promised payback feels like a false promise to Landlords. What about people who have another illness and feel like they shouldn't have to pay rent either? There are many other rationalized scenarios for renters not paying and feeling rent is optional. This is a massive slippery slope.

    Given that and the inevitability in these times of some governmental policy, Specifically, I would say:

    1. This policy should be reviewed every month by the City and voted to continue based on feedback or not.
    2. Tenants should have to submit in writing (not text, how to provide proof on a text??) 15 days before rent due request and documentation and this should be done every month that rent postponement is requested.
    3.There should be arbitration with loser paying all fees involved, if renter unilaterally opts to not pay rent and can't document qualification or if qualification is false or no longer real.
    4. What is the punishment for fraud in qualification and for ultimate non payment in 6 months? It should be a crime.
    5. Rent forgiveness should be voided immediately if there is evidence submitted to, I assume, enforcement that the tenant is violating Corona virus isolation recommendations advised by City, County or State.

    Imagine what a mess this would be if the City hadn’t ultimately listened to its residents on short term rentals. After the difficult battles with City Government that have mobilized citizens repeatedly over, as examples, short term rentals and slack line, you should expect some form of skepticism on such measures from devoted citizens who care about Hermosa Beach.

    Thank you for the consideration,

    John Wallace, MD
    1734 Strand HB