Board of Supervisors — 2020-09-29

Urgency Ordinance to Temporarily Prohibit Commercial Evictions

• The proposed ordinance protects commercial tenants from eviction for non-payment between September 1 and January 31 if they demonstrate COVID-19-related income loss and pay 25% of rent.
• Staff clarified that the measure does not relieve tenants of the obligation to pay full rent or alter existing lease terms.
• Public comment raised concerns regarding contractual obligations and potential impacts on future development and investment.
• The Board adopted the urgency ordinance, waiving further reading and determining it exempt from CEQA.

COVID-19 Update

• Staff reported that the county is anticipated to move from the Purple to the Red tier, allowing specific indoor capacity limits for gyms, restaurants, and retail.
• A new Public Health Order reflecting these Red tier guidelines is set to take effect the following morning.
• The update included current case data, hospitalization figures, and the status of school waivers for in-person learning.
• The Board received and filed the report on the county's pandemic status and reopening framework.

Departmental Item 1: Urgency Ordinance to Temporarily Prohibit Commercial Evictions

Discussion and Presentation

• Supervisors Hart and Lavagnino introduced a proposed urgency ordinance to temporarily prohibit commercial evictions arising from loss of income or substantial medical expenses related to COVID-19. The ordinance was drafted to align with the recently enacted Tenant Relief Act (AB 3088) for residential tenants. County Council staff explained that the ordinance would be effective through January 31, 2021. Under the proposal, commercial tenants unable to pay rent between September 1 and January 31 would be protected from eviction provided they: 1. Provide written notice to the owner. 2. Demonstrate that the failure to pay rent is due to COVID-19 through objectively verifiable means (e.g., job loss, business closure, reduction in hours). 3. Pay 25% of each rental payment due during that period.
• Staff clarified that the ordinance does not relieve tenants of the obligation to pay rent in full or restrict a landlord’s ability to recover unpaid rent in the future. It also does not automatically extend expired leases; existing lease terms remain in effect.

Public Comment

• One member of the public, identified as a property owner with approximately 250 retail and commercial tenants, spoke in opposition to the ordinance. The speaker argued that the measure interferes with existing lease agreements, particularly for tenants with expiring leases where the landlord has already contracted new tenants. The speaker stated that the ordinance creates uncertainty, violates contractual obligations, and discourages future development and investment in the county.

Board Discussion

• Board members discussed the economic impact of the pandemic on local businesses and the necessity of providing protections to tenants facing financial distress. Questions were raised regarding the documentation required to prove income loss, the process for resolving disputes between landlords and tenants, and whether the ordinance would interfere with existing lease expirations. Staff confirmed that tenants must provide specific documentation of substantial income loss related to COVID-19 and that the ordinance does not alter the terms of existing leases.
• Some board members expressed concern about the lack of immediate judicial recourse for landlords in cases of alleged tenant abuse or non-compliance, noting that courts are currently limited in their operations. Other members emphasized the need to support small businesses and maintain the local economy during the pandemic, stating that the ordinance provides a necessary framework for negotiation and relief.

Motion and Vote

• A motion was made to adopt the urgency ordinance, read the title, waive further reading, and determine the adoption is exempt from CEQA. The motion was seconded.
• The Board voted on the item. The motion passed.
• ***

Departmental Item 2: COVID-19 Update

Discussion and Presentation

• Staff provided an update on Santa Barbara County’s COVID-19 status and the state’s tiered reopening framework. Key points included:
• Case Data: As of the meeting, the county had 9,133 cumulative cases, 8,850 recovered cases, 170 active cases, 21 current hospitalizations, and 113 deaths.
• Tier Status: Based on local data and state metrics, the county was anticipated to move from the "Purple" (Tier 1) to the "Red" (Tier 2) tier, subject to official confirmation by the Governor at a noon press conference. The adjusted case rate was projected at 4.5 per 100,000, and the positivity rate at 3.2%.
• Reopening Guidelines: If designated as Red tier, the following changes would take effect:
• Gyms and fitness centers: Open indoors at 10% capacity.
• Museums, zoos, aquariums, places of worship, and movie theaters: Open indoors at 25% capacity or 100 people, whichever is fewer.
• Restaurants: Open indoors at 25% capacity or 100 people, whichever is fewer.
• Retail and shopping centers: Open indoors at 50% capacity.
• Nail salons and personal care services: Open indoors with modifications.
• Bars, breweries, distilleries, and family entertainment centers: Remain closed indoors or outdoor-only with modifications.
• Health Orders: A new Public Health Order (2020-12.9) was being prepared to reflect the Red tier guidelines, with an effective date of 8:00 AM the following day.
• Equity Metrics: Staff noted that the state was introducing equity metrics to ensure that test positivity rates in disadvantaged neighborhoods do not significantly lag behind the county average.
• School Waivers: 21 schools had received waivers for K-6 in-person learning. Four additional waivers were pending CDPH concurrence, and three new applications were under review.
• Testing: Staff encouraged the public to utilize testing sites in Santa Maria, Buellton, and Goleta, noting that same-day appointments were generally available.

Board Discussion

• Board members discussed the progress made in reducing case rates and hospitalizations, attributing this to community compliance with public health guidelines. They emphasized the importance of maintaining vigilance, particularly during upcoming holidays, to prevent a resurgence of cases. Questions were raised regarding the phased nature of the reopening and the specific capacity limits for different sectors. Staff confirmed that the phased reopening was in accordance with state guidance and that the county was working to ensure clear communication of the new rules.

Motion and Vote

• A motion was made to receive and file the report. The motion was seconded.
• The Board voted on the item. The motion passed.