pages: CityCouncil/2015-05-05.pdf, 13
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CityCouncil | 2015-05-05 | 13 | Hawkins issues, language regarding a separability clause should be contemplated in the ordinance. Mayor Spencer stated a consultant report would cost $35,000; she would be interested in knowing the percent of rentals excluded under Costa Hawkins; she strongly supports addressing the highest percentage, if not all, rentals in the community; her focus is the effectiveness once the changes move forward. Councilmember Ezzy Ashcraft requested clarification on the Mayor's comments regarding rent control. Mayor Spencer stated she is not suggesting rent control; the profile of rental market conditions includes rent increases across the board which may suggest Council could make changes to address all concerns; recognizing Costa Hawkins excludes a significant amount of rentals is important; strengthening the RRAC is important; emphasized RRAC is voluntary; stated that she would like quantitative data. The City Attorney clarified that Costa Hawkins applies to duplexes and apartments built before 1995 and does not apply to single family homes. Councilmember Oddie inquired whether Mayor Spencer wanted to quantify the number of units that would be subject to rent control and which units would be exempt, to which Mayor Spencer responded in the affirmative. Councilmember Oddie stated that he is concerned Council may run afoul of Costa Hawkins with the rent ordinance because of the threats of litigation. In response to Mayor Spencer's inquiry, the City Attorney stated she could come back with more information on legal questions. Vice Mayor Matarrese stated the ordinance provides tenants with a tool to use as evidence in their case; questioned how wording could be reconciled, but still provide the tenant with protection The Community Development Director clarified a rent increase can be imposed if properly noticed under the ordinance; failure to participate in the hearing bars the landlord from increasing rent for 12 months; however, the landlord has the ability to prevent being barred by participating in the process; other jurisdictions have the same requirements. Mayor Spencer inquired whether the requirements have been challenged legally by a landlord, to which the Community Development Director responded in the negative. Councilmember Oddie concurred with the Mayor on the composition of the commission members as Alamedans only; inquired whether Council is able to move the item forward. Regular Meeting Alameda City Council 13 May 5, 2015 | CityCouncil/2015-05-05.pdf |