pages: CityCouncil/2021-02-02.pdf, 8
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CityCouncil | 2021-02-02 | 8 | support for sending the matter back to staff with direction to set a maximum 5% cap on all approved CIP proposals; stated the 5% cap is cumulative; landlords will continue to have the same rights in relation to fair rate of return appeals; expressed support for a clear appeals process for tenants in the off-chance a plan is approved; a minimum of 50% of tenants could appeal and have a plan reviewed by a Hearing Officer to ensure the work being completed is not cosmetic, is needed maintenance and meets the intent of the pass through. Vice Mayor Vella stated that she would like clarification of where the City stands and what the process would be if Council does not approve the matter at this meeting. Mayor Ezzy Ashcraft expressed concern about the delay; stated the intent is to ensure rental properties are habitable and in good condition; noted the rental housing stock in Alameda is older. Special Counsel stated the ordinance provides a limitation preventing a landlord from requesting a CIP more often than once every 24 months and has a 5% cap if a CIP is approved, which is only applied to the maximum allowable rent; staff can redraft the ordinance to allow an overall maximum 5% cap for CIP projects; there might be complications in drafting; there may be situations where the pass through will go away due to some tenants moving out and remaining tenants are under the existing pass through with the 5% cap; stated a draft regulation has an appeal process to accompany the ordinance; a tenant will have the right to appeal the CIP process on multiple fronts. Councilmember Knox White stated that his understanding is staff can have the matter return to Council within 45 days; expressed support for processing the matter once properly, rather than having to amend it. Vice Mayor Vella inquired whether the CIP would not be an allowable pass through until 12 months after the State of Emergency; inquired whether a provision needs to be passed separately or whether the delay is part of the action Council is taking. Special Counsel responded the provision has been incorporated into the ordinance. Vice Mayor Vella inquired whether the provision will remain if Council does not approve the ordinance at this meeting. Special Counsel responded the pass through process is more of a rent increase; stated due to Council's rent freeze being in place during the declaration of local emergency, a landlord would not be able to increase the rent through a CIP. Vice Mayor Vella stated if the matter returns, she would like to provide options on the overall goal of finding a way to reasonably address things and not create a loophole to rent control; expressed support for looking at varying options for limiting the CIP amount, including a total cap on the CIP or a period of years; questioned whether the intent is to have a 5% total cap. Regular Meeting Alameda City Council 3 February 2, 2021 | CityCouncil/2021-02-02.pdf |