14 Staff Report.Urgency Ordinance Extension Eviction Moratorium
PREPARED BY: Robert Schultz
Town Attorney
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/05/2020
ITEM NO: 14
DATE: April 30, 2020
TO: Mayor and Town Council
FROM: Robert Schultz, Town Attorney
SUBJECT: Adopt an Interim Urgency Ordinance Extending the Moratorium on Evictions
Due to Nonpayment of Rent for Residential Tenants where the Failure to Pay
Rent Results from Income Loss Resulting from the Novel Coronavirus (COVID-
19) and Suspending All Deadlines Related to Land Use Entitlements
RECOMMENDATION:
Adopt the Extension of the Interim Urgency Ordinance, by title only, extending the temporary
moratorium on evictions due to nonpayment of rent for residential tenants where the failure to
pay rent results from income loss resulting from the novel coronavirus (COVID-19) and
suspending all deadlines related to land use entitlements.
BACKGROUND:
On March 24, 2020, the Town Council adopted an Interim Urgency Ordinance for a moratorium
on evictions due to nonpayment of rent for residential tenants where the failure to pay rent
results from income loss resulting from the novel coronavirus (COVID-19) and suspending all
deadlines related to land use entitlements.
The Interim Urgency Ordinance was adopted pursuant to Government Code section 65858,
which provides that an interim ordinance maybe adopted and shall remain in effect for 45 days,
unless extended for an additional period up to two years. Approval of an extension of an
interim zoning ordinance requires a four-fifth affirmative vote of the Town Council. The initial
45-day period for the Moratorium will expire on May 8, 2020, unless Council adopts the
proposed ordinance extending the Moratorium for an additional 45 days. (Attachment 1).
PAGE 2 OF 3
SUBJECT: Extension of Urgency Ordinance Eviction Moratorium
DATE: April 30, 2020
DISCUSSION:
On March 16, 2020, the Health Officer of Santa Clara County issued an Order directing all
individuals living in the County to shelter at their place of residence beginning March 17, 2020.
Per the County Health Officer, the Order is to ensure that the maximum number of people self-
isolate in their places of residence in order to slow the spread of the COVID-19 coronavirus. In
addition, the Order identified many business types as non-essential services requiring their
closure through April 7, 2020. Subsequently, the Public Health Officer extended the Shelter-in-
place directive through May 31, 2020 with only modest revisions to non-essential services. The
result of these public health efforts is the significant displacement of many workers from their
places of employment and access to income.
On March 17, 2020, the Town Council of the Town of Los Gatos ratified and continued a
Proclamation of Local Emergency due to the increasing spread of the COVID-19 coronavirus in
Santa Clara County. Among other things, a Proclamation of Local Emergency allows
jurisdictions to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency.
In order to maintain the integrity of the Health Officer’s Order, every effort must be taken to
ensure that residents are able to self-isolate. As such evictions directly related to the
consequences of COVID-19 mitigation measures would run contrary to the Health Officer’s
Order to shelter in place.
In addition, with the closure of Town Hall to implement the shelter in place directive, non-
essential Town services have been significantly reduced and/or suspended. For example, the
Town has only recently begun to accept any new development applications and issue building
permits. For this reason, the proposed Urgency Ordinance also includes a temporary
suspension of all deadlines related to land use entitlements.
CONCLUSION:
Pursuant to the Town of Los Gatos Municipal Code, California Government Code, Governor of
California, and Santa Clara County Public Health Officer, a temporary moratorium on evictions
related to income loss due to COVID-19 mitigation measures will ensure that individuals can
continue to self-isolate.
COORDINATION:
This staff report was coordinated between the Town Manager and Town Attorney.
FISCAL IMPACT:
No impact
PAGE 3 OF 3
SUBJECT: Extension of Urgency Ordinance Eviction Moratorium
DATE: April 30, 2020
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Extension of Interim Urgency Ordinance