pages: CityCouncil/2016-02-16.pdf, 27
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CityCouncil | 2016-02-16 | 27 | Mayor Spencer inquired whether it could happen concurrently. The Assistant City Attorney responded the ordinance is not set up that way; stated 50% is to be paid when the tenant gives notice and the other 50% when the tenant moves out; staff feels 50% is reasonable. Councilmember Oddie stated other cities follow the same process; tenants will have the hardship of relocating; there is always a risk that one or both parties will violate the agreement and will have to go to litigation; suggested a stipulated judgement be drawn up with a writ of execution. The Assistant City Attorney responded a court action needs to be filed for a stipulated judgement; he is not clear how to enforce a stipulated judgement without an underlying court action. Councilmember Oddie stated that he has experience with a stipulation pay; if rent is paid the case is dropped; when they go into default, the action would be filed. The Assistant City Attorney inquired whether there was already an underlying action, to which Councilmember Oddie responded in the affirmative. The Assistant City Attorney stated the underlying action is missing from the suggestion. Mayor Spencer inquired what about an irrevocable notice of termination on a date certain. The Assistant City Attorney stated the City can create something, but it would not be self-executing and there is no guarantee that the parties will follow it. Councilmember Ezzy Ashcraft stated that she agrees with staff's proposal of 50% up front and 50% once the unit is vacated; urged Council to allow the provision for one year and revisit the matter to see if stricter provisions are needed. Mayor Spencer stated that the entire document is because of outliers; she feels even though the issues would impact a small percentage, the problem is significant. Councilmember Ezzy Ashcraft stated outlier landlords, not tenants, brought the City to this position. Mayor Spencer stated there needs to be an administrative regulation or something clear that there is an agreement; the tenant is choosing time or money and the legal arrangement carries weight. The Community Development Director stated staff is aware of the issue and will draft a document with the strongest language possible that is permissible; documentation that people have paid their relocation benefits is required so there will be a way to track the Regular Meeting Alameda City Council 25 February 16, 2016 | CityCouncil/2016-02-16.pdf |