pages: CityCouncil/2016-02-16.pdf, 6
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CityCouncil | 2016-02-16 | 6 | Mayor Spencer inquired whether it would be a binding hearing with a hearing officer as opposed to binding arbitration. The Community Development Director responded when two parties agree to binding arbitration, they forgo the opportunity to access judicial review; stated the ordinance is set up to allow judicial review. Councilmember Ezzy Ashcraft inquired if the binding haring is an actual proceeding where the parties give testimony. The Assistant City Attorney responded in the affirmative; stated it is an administrative hearing in front of a hearing officer; a party dissatisfied with the outcome could file a writ of mandate; a Superior Court Judge would review the administrative record; there is a level of review the trial court judge would review to determine if the decision of the hearing officer should stand, be reversed or modified. The Community Development Director continued the presentation. Mayor Spencer inquired whether the offer of a one year lease to in-place tenants would be only if the landlord increases the rent. The Community Development Director responded in the affirmative; for tenants on month-to-month, stated tenants with a lease would be offered a new lease 60 days prior to the expiration of the current lease. Mayor Spencer inquired whether the ordinance is for two scenarios only: brand new tenants or an in-place tenant when rent is increased. The Community Development Director responded a lease would be offered to in-place tenant 60 days prior to the date of the expiration of the lease or when the rent is increased. Mayor Spencer expressed concern over the provision contradicting Council's direction. The Community Development Director continued the presentation. Councilmember Oddie inquired if tenants would still have to pay rent if they choose 4 months' time over cash assistance. The Community Development Director responded in the affirmative and continued the presentation. Mayor Spencer inquired if there was a way to enforce having the tenant leave on the date of the agreement. Regular Meeting Alameda City Council 4 February 16, 2016 | CityCouncil/2016-02-16.pdf |