DATE:
| 9/13/2016 | TO:
| HONORABLE MAYOR AND CITY COUNCIL | FROM:
| JOAN MALLOY, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR | SUBJECT:
| ADOPT A RESOLUTION APPOINTING MEMBERS TO THE RENT AND TENANT TASKFORCE AND APPROVING THE RENT AND TENANT TASKFORCE CHARTER |
The City received 32 applications for the Rent and Tenant Taskforce (“Taskforce”). Staff recommends that the City Council review the applications and appoint Taskforce members, including the composition and number of members on the Taskforce. Staff also recommends that the City Council approve the Taskforce Charter.
BACKGROUND
On May 17, 2016, the City Council held a study session to review rental market data and the different types of tenant protection measures that are available. The City Council also heard testimony from property owners, renters, and community advocates.
As a result of the May 17 study session, the staff returned to the City Council at the City Council meeting on July 12, 2016, and sought direction regarding potential tenant protection measures to address rising rents and displacement. Staff presented the following possible approaches: no action; establishing an ordinance to require that landlords offer a minimum one-year lease term to tenants; establishing a rent review program that would apply to qualifying rental units citywide; or establishing rent stabilization and “just cause” eviction ordinance that would apply to rental units consistent with the Costa Hawkins Act. Following consideration and deliberation, the City Council voted 4-1 to direct staff to prepare a framework for a taskforce to assist with the consideration of possible tenant protection measures.
At the August 9, 2016 City Council meeting, the City Council reviewed the Taskforce Charter, attached as Exhibit A, and the Taskforce recruitment application. The Taskforce Charter serves as the framework and meeting guidelines for the Taskforce. The Taskforce is structured so that the City Manager will facilitate and moderate meetings. The City Council directed staff to not set a limit on the number of task force members and require that the number of members representing tenants and landlord be equal.
DISCUSSION
Recruitment Process
The Taskforce application was made available online and in hard copy from August 11, 2016 to September 6, 2016. Staff also undertook the following recruitment and outreach efforts:
- Notices were emailed weekly to a tenant, landlord, and other community stakeholder list. This list includes tenant advocate groups, landlord advocate groups, non-profit organizations, and faith-based organizations;
- Notices were posted weekly on the City’s Facebook page, on Nextdoor, and on the City’s online newsletter;
- Information was posted on the City’s website for the duration of the recruitment period;
- Paper copy applications were made available at Ruggieri Senior Center, Kennedy Community Center, Holly Community Center, and City Hall;
- A press release was sent to local print media; and
- Notices were either emailed and/or mailed to individuals that spoke at the May 17th Study Session and the July 12th and August 9th City Council meetings.
Applicants
The City received 32 applications:
- 7 tenant representatives
- 11 landlord representatives
- 14 impartial community members
Included as Exhibit B is a summary of the applications broken down by applicant type. Exhibit B includes all of the application information with the exception of the applicant’s personal contact information.
Selection Process
In order to assist the City Council with the application review, staff reviewed each applicant’s availability, place of residence, and status (i.e. homeowner, renter, or landlord) and has provided the following analysis.
Availability
Staff determined that the majority of applicants are available on Monday, Tuesday, Wednesday, or Thursday evenings, as shown in Table 1 below. Staff recommends that the Taskforce meetings take place on Monday evenings as this will ensure that there is sufficient representation from each group. Monday evenings also maximize the number of tenant and landlord representatives that could be appointed to the Taskforce, assuming that there should be an equal number of tenant and landlord representatives (See Table 2 below). For example, up to 6 tenant and 6 landlord representatives could be appointed, if meetings are held on Monday evenings.
Table 1 - Availability
|
Time of Day
|
# of Applicants Available
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Friday
|
Morning
|
16
|
12
|
10
|
11
|
14
|
Afternoon
|
15
|
14
|
16
|
16
|
11
|
Evening
|
23
|
21
|
20
|
22
|
14
|
Table 2 - Evening Availability
|
|
# of Applicants Available in the Evenings
|
Monday
|
Tuesday
|
Wednesday
|
Thursday
|
Tenant Representatives
|
6
|
4
|
4
|
5
|
Landlord Representatives
|
8
|
7
|
8
|
8
|
Impartial Community Members
|
9
|
10
|
8
|
9
|
Total Applicants Available
|
23
|
21
|
20
|
22
|
Other Preferences
In addition to availability, the City Council can take into consideration an applicant’s residency and status (i.e. renter, landlord, or homeowner). Using the assumed preferences listed below, staff has prepared an example Taskforce that would meet Monday evenings. See Table 3 below.
- Tenant Representative Preference: Union City Renters
- Landlord Representative Preference: Landlords that own rental property in Union City
- Impartial Community Member Preference: Union City residents that are neither a renter nor a landlord (i.e. Union City homeowners)
Table 3 – Example Taskforce A
|
Membership Type
|
Preference
|
#
|
Potential Applicants
|
Notes
|
Tenant Representative
|
Union City Renter
|
3
|
- Abigail Andrade
- Johnny Martinez
- Ian Palavi
|
There are only 3 Union City renters available on Monday nights and there are only 2 Union City renters available all other days of the week.
|
Landlord Representative
|
Union City Landlord
|
3
|
- Chunchi Ma
- Bill Mulgrew
- Sunny Puri
- Zhibiao Wu
|
There are 4 Union City landlords that the City Council could choose 3 from.
|
Impartial Community Member
|
Union City Homeowner*
|
Up to 4
|
- Timothy Conde
- Remy Fortier
- Annie He
- Anna Nunez
|
There are 4 Union City homeowners available on Monday nights. Since there are no restrictions on the number of impartial community members, the City Council could choose to appoint all 4 applicants.
|
|
Total
|
9 to 10
|
|
*There is a 5th Union City Homeowner available on Monday Nights however based on their application it appears they are not impartial and therefore were not included in this list.
|
If the City Council wanted additional members on the Taskforce, the City Council could expand preferences to include applicants that represent interested organizations. This would increase the Taskforce up to 15 members, as shown in Table 4 below.
Table 4 – Example Taskforce B
|
Membership Type
|
Preference
|
#
|
Potential Applicants
|
Notes
|
Tenant Representatives
|
Union City Renter + Organization Reps
|
Up to 5
|
- Abigail Andrade
- Johnny Martinez
- Ian Palavi
- Chris Cara
- Tony Samara
|
Expanding preferences would add Chris Cara of Filipino Advocates for Justice and Tony Samara of Urban Habitat.
|
Landlord Representatives
|
Union City Landlord + Organization Reps
|
Up to 5
|
- Chunchi Ma
- Bill Mulgrew
- Sunny Puri
- Zhibiao Wu
- Dorothy Jackson
- Richard Oliver
- Jamie Sessions
|
Expanding preferences would add Dorothy Jackson and Richard Oliver of Property Care, Inc. and Jamie Sessions of Los Robles Apartments/EAH Housing.
|
Impartial Community Members
|
Union City Homeowner + Organization Reps
|
Up to 5
|
- Timothy Conde
- Remy Fortier
- Annie He
- Anna Nunez
- Marjorie Rocha
|
Expanding preferences would add Marjorie Rocha of ECHO Housing.
|
|
Total
|
Up to 15
|
|
Due to availability limitations, staff recommends that the City Council appoint 3 to 5 tenant representatives, 3 to 5 landlord representatives, and 3 to 5 impartial community members. Additionally, the Council should determine whether or not the number of tenant and landlord representatives should be equal.
Next Steps
Taskforce meetings will commence in October and staff anticipates holding 1 to 2 meetings per month. Below is an overview of what the Taskforce meetings will cover:
- Data Review
- Rental market trends.
- Tenant protection measures that are available.
- Tenant protection measures enacted in other Bay Area cities.
- Bay Area ballot measures related to rent and tenant issues.
- Analysis and Discussion
- This will also include a Pros/Cons analysis of each option from a legal, cost, and administration context.
- Findings and Recommendations
- The Taskforce will vote on all options discussed.
- Voting results will be presented to the City Council.
Staff anticipates returning to the City Council in early 2017 with the results of the Taskforce meetings.
FISCAL IMPACT
There is no fiscal impact to forming the Rent and Tenant Taskforce, except for additional costs that may be associated with additional staff time and participation and review by the City Attorney’s office.
RECOMMENDATION
Staff recommends that the City Council take the following actions:
- Appoint 3 to 5 tenant representatives, 3 to 5 landlord representatives, and 3 to 5 impartial community members to the Rent and Tenant Taskforce.
- Adopt a Resolution appointing individuals to serve on the Rent and Tenant Taskforce and approving the Rent and Tenant Taskforce Charter.
Prepared by:
Alin Lancaster, Housing & Community Development Coordinator
Submitted by:
Joan Malloy, Economic & Community Development Director |