pages: CityCouncil/2016-01-05.pdf, 16
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CityCouncil | 2016-01-05 | 16 | under Costa Hawkins would still have the ability to appeal to Council; the Mayor's proposal has a trigger with respect to when the landlord has to file with the RRAC; there is no threshold or number that anyone is bound by or compels arbitration. Mayor Spencer stated she is looking for something that would eventually be binding. Councilmember Oddie stated that he is okay with including a RRAC mediation step; staff makes a decision which an elected body reviews; his process would include the hearing officer making the decision, then, the RRAC could serve as a citizen's check; the process would exclude the Council; the current process is backwards; the citizens committee has the first crack in the process and comes up with a recommendation; then, the power is shifted to a staff person, making the arbitration with judicial review instead of RRAC review. The Assistant City Attorney stated power would not be shifted to a staff person, if the housing provider was not happy with the RRAC recommendation, the remedy would be to file a petition to set up a hearing, or lose the opportunity for the rent increase. Mayor Spencer clarified the issue would go to an arbitrator, not a staff member; the City of Gardena has a list of arbitrators to choose from or staff could recommend someone. The Assistant City Attorney stated the arbitrator would be a neutral hearing officer. Councilmember Oddie inquired who will pay for the arbitration process. Mayor Spencer responded whichever party does not agree with the RRAC decision would pay. Councilmember Ezzy Ashcraft stated that she has a problem with the non-agreeable party paying for arbitration. Councilmember Oddie stated arbitration could cost $5,000 at a minimum; he does not see how a tenant could afford the bill. The Community Development Director stated staff recommends a program fee for whichever program is adopted so that costs could be spread across the rental units and anyone can avail themselves of the process; costs could be subsidized depending on the Council's desires; there are a range of costs involved with administering any program. Councilmember Oddie stated that he has an big issue with someone arbitrating a 1% increase, which is permitted under Berkeley's rent control; he would like further discussion on the just cause eviction issue. Regular Meeting Alameda City Council 16 January 5, 2016 | CityCouncil/2016-01-05.pdf |