Title
Adoption of Resolution Appointing Karin Lucas, as a Member of the Rent Review Advisory Committee (RRAC), to a Four Year Term Beginning November 4, 2015, and Appointing Thuy Nguyen, as a Member of the RRAC, to a Two Year Term Beginning November 4, 2015. (RRAC)
Body
To: Honorable Mayor and Members of the City Council
From: Janet Kern, City Attorney, and Lara Weisiger, City Clerk
Re: Adopt Resolutions Appointing Karin Lucas as a Member of the Rent Review Advisory Committee (RRAC) to a Four Year Term Beginning November 4, 2015, and Appointing Thuy Nguyen as a Member of the RRAC to a Two Year Term Beginning November 4, 2015
Background
In 1980, then Mayor Corica appointed a Rent Review Advisory Committee (RRAC), the purpose of which was to hear disputes between housing providers (landlords) and tenants concerning rent increases. At that time, seven persons were appointed to the Committee comprised of three residential property owners, three tenants and one homeowner. Over time, the number of Committee members was reduced to five because as vacancies occurred, there was not enough residents interested in serving on the Committee. In addition, over time the criteria for membership were clarified such that two of the members were landlords, two of the members were tenants and one member was a residential property owner in Alameda but not a landlord. Formation of the RRAC was somewhat informal in the sense that, unlike other committees, the Mayor did not nominate the members subject to City Council appointment and the membership and functions of the Committee were not embodied in an ordinance that was codified in the Alameda Municipal Code. No term limits were established for Committee members and individual members continued to serve until he/she indicated he/she was no longer interested in serving or their status as a landlord, tenant or property owner changed.
As of October 26, 2015, there are two persons serving on the RRAC: Thuy Nguyen, a housing provider appointed by then Mayor Johnson in 2009; and Karin Lucas, a housing provider appointed by Mayor Spencer in June, 2015. David Perry, a tenant appointed by then Mayor Johnson in 2008; Jerome Harrison, a property owner appointed by then Mayor Johnson in 2007; and Royl Roberts, a tenant appointed by then Mayor Gilmore in 2013 resigned from the RRAC. Accordingly, there are two tenant vacancies and one property owner vacancy on the RRAC.
On July 21, 2015, in addition to introducing Ordinance No. 3131 that would require housing providers to provide notice to tenants when rents were increased so that tenants could avail themselves of a hearing process by the RRAC, the City Council also introduced Ordinance No. 3132, Exhibit 1, that better defined membership in the RRAC, clarified the duties and responsibilities of the RRAC and, important for this agenda report, provided that members to the RRAC would be nominated by the Mayor, subject to City Council appointment. See Section 2-23.2, Alameda Municipal Code. A housing provider, tenant and property owner representative would serve a four year term and the other housing provider and tenant would serve a two year term.
City Council adopted both Ordinances on September 1, 2015 and they went into effect October 1, 2015. Because neither Ordinance No. 3132 nor the agenda report that accompanied the Ordinance addressed how the Ordinance would apply to members who were serving on the RRAC as of October 1, 2015, the purpose of this agenda report is to recommend a process to implement Ordinance No. 3132.
Discussion
Staff recommends that the Council appoint to the RRAC the two members who currently serve on the RRAC, as provided in Section 2-23-.2 of the AMC. Staff recommends that member Thuy Nguyen (who has been on the Committee since 2009) serve a two year term as a housing provider, and Karin Lucas as a housing provider (appointed in 2015) serve a four year term. Given that track record and the number of requests for hearings that the new notice provisions are likely to spawn, housing providers and tenants would be well served by having the existing committee members continue to serve. The City Clerk has advertise for applicants to fill three vacancies which will be filled by the Mayor’s making a nomination and City Council approving the appointment.
FINANCIAL IMPACT
There is no financial impact for appointing members to the RRAC.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Alameda Municipal Code Section 2-23.2.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Adopt Resolutions Appointing Karin Lucas and Thuy Nguyen.
Respectfully submitted,
Janet Kern, City Attorney, and Lara Weisiger, City Clerk
By,
Michael Roush, Assistant City Attorney
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Ordinance 3132