pages: CityCouncil/2019-05-21.pdf, 7
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CityCouncil | 2019-05-21 | 7 | Expressed concern over numbers being fuzzy; stated the carve out would be massive; equal protection is needed; there should be no carve out: Catherine Pauling, ARC. Stated the ordinance is a milestone and deserves support; discussed an eviction case: Laura Thomas, RHHA. Urged the ordinance be passed without a carve-out; discussed homeless count data: Jared Wright. *** Mayor Ezzy Ashcraft called a recess at 8:23 p.m. and reconvened the meeting at 8:24 p.m. Mayor Ezzy Ashcraft inquired whether Council should consider the proposed carve out for small units and owner-occupied. Councilmember Vella stated that she is not in favor of the carve out; the carve out is more complicated than it needs to be; outlined potential conflicts. Councilmember Oddie inquired the legality of the three strike proposal. The City Attorney responded a landlord is asking the Council to amend the ordinance so that a tenant may be evicted for three separate violations of terms and conditions of the lease; stated while it is legally permissible for Council to create an explicit exemption, such exemptions are administratively difficult to implement and particular exemptions would duplicate what State law currently authorizes. In response to Councilmember Oddie's inquiry, the City Attorney stated the proposal states landlords would agree to not raise rents for a three year period in exchange for an exemption; expressed concern for the three year period; stated the interpretation is a voluntary waiver of rights under Costa Hawkins and is likely not lawful; outlined Costa Hawkins regulations. Councilmember Oddie expressed concern about creating two classes of tenants, and the definition of "owner" being manipulated; outlined local exemptions for small units; noted that he was one of the drafting members of the original ordinance formula; stated the formula did not work to stop mass evictions as intended; the ordinance allows for staff to return with information if a problem arises; there are other solutions for nuisances. Councilmember Daysog stated the current discussion relates to a separate carve out discussion from the updated ordinance. The City Attorney stated if Council does not make a decision, Vice Mayor Knox White cannot partake in the discussion. Regular Meeting Alameda City Council May 21, 2019 6 | CityCouncil/2019-05-21.pdf |