pages: CityCouncil/2022-04-28.pdf, 5
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CityCouncil | 2022-04-28 | 5 | a reasonable return on their property; the marina property is unique; expressed concern about constructive evictions; stated that she is looking forward to doing the right thing by the residents of Barnhill Marina; inquired whether the ordinance effective date can be modified to April 1st. The City Attorney responded staff considered which date to choose for the ordinance; stated typically ordinances are effective upon adoption when urgent or 30 days after second reading for regular ordinances; retroactive dates back to the date of publication was the option that has a reasonable risk-benefit calculation; public speakers have requested a further reach back that potentially creates more protection; however, it also creates additional risk due to the date reaching back prior to publication; Council may choose to reach back further and staff can make any modifications directed by Council. Mayor Ezzy Ashcraft stated that she is seeking an approach which is legally defensible; she expects the owners of Barnhill Marina to challenge the ordinance in court; inquired the safest course of action, to which the City Attorney responded it is safer not to retroactively date an ordinance beyond the publication date of the staff report. Councilmember Knox White stated it is clear that people who live in Barnhill Marina are residents, similar to all other residents of Alameda; he does not understand why the City would have separate rules for people depending on where they live. Councilmember Knox White moved approval of adoption of the urgency ordinance with direction for staff to look at the CIP issues and address issues of shared infrastructure in the same way the City is addressing the matter for multi-family buildings with common areas. Councilmember Herrera Spencer requested clarification on the appropriateness of the motion including direction regarding the CIP. Mayor Ezzy Ashcraft expressed support for attaining a second for the motion to allow for Council discussion. Councilmember Herrera Spencer stated based on information provided by the City Attorney, the CIP language currently included in the City's rent ordinance can be included; the CIP language could be included in the current ordinance and fine-tuned at a later date; expressed support for receiving clarification from the City Attorney. Mayor Ezzy Ashcraft stated the motion on the floor needs a second in order for Council discussion to follow; inquired whether Councilmember Herrera Spencer is making an amendment to the motion, to which Councilmember Herrera Spencer stated that she would like to hear from the City Attorney. In response to Mayor Ezzy Ashcraft, Councilmember Herrera Spencer stated that she would like to make a friendly amendment to the motion and have the CIP language put into the ordinance similar to the existing rent control ordinance if possible. Mayor Ezzy Ashcraft stated that she would not support the friendly amendment. Councilmember Knox White stated the current CIP language relates to rental units; adding the language to the urgency ordinance would not have a strong, material impact for Barnhill Marina; if Council looks at shared infrastructure, the approach would have to be unique due to rental Special Meeting Alameda City Council April 28, 2022 5 | CityCouncil/2022-04-28.pdf |