pages: CityCouncil/2022-04-28.pdf, 6
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CityCouncil | 2022-04-28 | 6 | differences. Mayor Ezzy Ashcraft stated that she is concerned about pass through costs being sought from the landlord; renters of Barnhill Marina already pay property taxes, which is not paid by other renters. The City Attorney stated the current CIP policy is out-of-date; Council has given direction to update the CIP; Council may direct staff to include the CIP language; however, the language would be difficult to apply; few landlords have applied for CIP; staff is working on bringing an amendment to Council for consideration. Councilmember Herrera Spencer inquired the process when an owner has repairs and is trying to pass through fees and costs. The City Attorney responded Council can offer protection in a couple ways; stated the way for an owner to apply pass through is to apply for a fair return petition; in the petition, an independent hearing officer would compare the owner-submitted capital plans to expenditures in order to make a constitutional right of return and adjust rents, if necessary, under guidance of federal and State law; staff can bring back a CIP policy that provides more options on how to broadly apply it to both regular land tenancies and marine tenancies in the coming months. Councilmember Herrera Spencer inquired whether there are other things which could be added to the emergency or non-emergency ordinance for protection. The City Attorney responded applying the existing rent control to marine tenancies is administratively the most expedient path forward; stated rent staff are already trained to administer the ordinance. Councilmember Herrera Spencer inquired whether the date will be retroactive to April 14th, to which Councilmember Knox White responded in the affirmative. Councilmember Herrera Spencer seconded the motion. Under discussion, Councilmember Daysog stated the shabby treatment of Barnhill Marina residents must not continue; it is vital for Council to extend the rent control provisions to the residents along and on the water; he supports the matter moving forward; the residents, children and seniors especially have very limited options and Council must take a stand. Councilmember Herrera Spencer outlined the City's history of supporting rent stabilization; stated there have been times where Council has been asked to step-up; the matter goes beyond Barnhill Marina and is unfortunate; the emotional drain on someone subjected to rent increases is difficult; the stress has to end; she is confident that the ordinances will pass. Councilmember Daysog stated it is possible the current matter is not the end; he will continue to support the residents that are being treated badly. Vice Mayor Vella stated that she is disappointed that the situation got this far; staff had been trying to reach out to the owners of Barnhill Marina to see if a solution could be reached; she has supported tenant rights and protections for the duration of her time on Council; this matter is no different; it is unfortunate that Council is having to take the emergency ordinance action and Special Meeting Alameda City Council April 28, 2022 6 | CityCouncil/2022-04-28.pdf |