f "oROVEDAftTQ^FORM ANDLEGALITY

IMV ED BY COUNC1LMEMBER.
t
ORDINANCE C. M. S.
AN ORDINANCE ADOPTED PURSUANT TO ARTICLE VI OF THE
CITY CHARTER DISCONTINUING THE HOUSING ADVISORY AND
APPEALS BOARD, THE RESIDENTIAL RENT ARBITRATION BOARD,
AND THE RELOCATION APPEALS BOARD, AND TRANSFERRING
THE POWERS AND DUTIES HERETOFORE EXERCISED BY SATO
BOARDS TO A NEWLY CREATED HOUSING AND RESIDENTIAL
RENT AND RELOCATION BOARD
WHEREAS, the Housing Advisory and Appeals Board was created by the City Council of
the City of Oakland by Ordinance No. 6501 C.MS., for the purpose of reviewing determinations
made by the Building Official regarding substandard and unsafe building conditions; and
WHEREAS, since the passage of Ordinance No. 6501 C.M.S., the duties and functions of
the Housing Advisory and Appeals Board have been amended by ordinance, including Ordinance
Nos. 8549, 11001 and 11781; and
WHEREAS, the Residential Rent Arbitration Board was established by the City Council
of the City of Oakland by Ordinance No. 9980 C.M.S., for the purpose of hearing and arbitrating
disputes between landlords and tenants and establishing policies regarding rent increases; and
WHEREAS, the Relocation Appeals Board was established by the City Council of the
City of Oakland on October 1,1979, by Resolution No. 53588 C.MS., as a procedure for hearing
relocation appeals and to satisfy the requirements of California Community Redevelopment Law,
which requires cities in California that have redevelopment agencies to establish a relocation
appeals board to hear complaints by residents of project areas relating to relocation; and
WHEREAS, to promote efficiency, and to more effectively serve the interests of the City
of Oakland and Oakland residents, the functions and duties of the Housing Advisory and Appeals
Board should be combined with the functions and duties of the Residential Rent Arbitration Board
and the Relocation Appeals Board to form a single commission to be known as the Housing and
Residential Rent and Relocation Board;
THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1. The existence and operation of the Housing Advisory and Appeals Board is
hereby discontinued pursuant to Article VI of the City Charter. Nothing herein shall affect the
validity or enforceability of any legislation, bond, contract, or other obligation heretofore enacted
or entered into for, or on behalf of, the City by the Housing Advisory and Appeals Board.
600-245-005 (7/83)
Section 2. The existence and operation of the Residential Rent Arbitration Board is
hereby discontinued pursuant to Article VI of the City Charter. Nothing herein shall affect the
validity or enforceability of any legislation, bond, contract, or other obligation heretofore enacted
or entered into for, or on behalf of, the City by the Residential Rent Arbitration Board.
Section 3. The existence and operation of the Relocation Appeals Board is hereby
discontinued pursuant to Article VI of the City Charter. Nothing herein shall affect the validity or
enforceability of any legislation, bond, contract, or other obligation heretofore enacted or entered
into for, or on behalf of, the City by the Relocation Appeals Board.
Section 4. This Ordinance establishes the Housing and Residential Rent and Relocation
Board. The Housing and Residential Rent and Relocation Board shall assume those powers,
duties and functions heretofore exercised by the Housing Advisory and Appeals Board, the
Residential Rent Arbitration Board, and the Relocation Appeals Board. Accordingly, all
resolutions, orders, rules, regulations and by-laws of the Housing Advisory and Appeals Board,
the Residential Rent Arbitration Board, and the Relocation Appeals Board, by virtue of this
Ordinance, and to the extent they do not conflict with the resolutions, orders, rules, regulations
and by-laws of the Housing and Residential Rent and Relocation Board, shall reside in full force
and effect with said Housing and Residential Rent and Relocation Board.
Section 5. Additional powers, duties and functions conferred upon the Housing and
Residential Rent and Relocation Board (hereinafter referred to as "Board") shall be as follows:
A. At the first regular meeting of each year the Housing and
Residential Rent and Relocation Board members shall elect a
chairperson and a vice chairperson. The Board shall meet at an
established time suitable for its purpose. Such meetings shall be
designated regular meetings. Other meetings called by the Mayor
or City Manager and meetings scheduled for a time or place other
than for regular meetings shall be designated special meetings.
Written notice of special meetings shall be provided the members,
the Council, and the public press at least 48 hours before the
meeting is scheduled to convene.
B. The Board shall, in consultation with the City Manager, establish
rules and procedures for the conduct of its business by a majority
vote of the members present. Voting shall be required for the
adoption of any motion or resolution. The Board shall make
reports, findings and recommendations either to the City Manager
or the City Council, as appropriate. In addition, the Board shall
have the authority to:
i. prescribe and enforce such general and specific rules
and regulations as deemed necessary or expedient to
the general operation and conduct of the Board;
ii. modify or terminate any resolution, order, rule,
regulation, or by-law heretofore adopted by or
promulgated under the authority of the previously
existing boards.
C. The Board shall submit regular status reports to the City Council
committee designated as liaison to the Board. The regular status
reports must be submitted quarterly, or more frequently as directed
by the Chairperson of the City Council committee to which the
Board reports.
D. Status reports in fulfillment of subsection C above must include a
detailed description of operating and staffing needs, to be
developed and maintained by the department responsible for the
staffing and administration of the Board,
E. Each year, the Board shall review the annual goals and objectives of
the City Council. Review of City Council goals and objectives shall
be undertaken to provide the Board the opportunity to better
integrate the activities of the Board with the City's overall goals and
objectives.
F. City Council approval must be obtained prior to the creation of any
additional standing committee of the Board not created herein. A
proposal to create a standing committee of the Board must include
information regarding the costs associated with staffing the standing
committee, and the costs of complying with noticing and reporting
requirements resulting from the establishment of any such standing
committee of the Board.
Section 6. Composition of the Board shall be as follows:
A. The Board shall be composed of nine members appointed pursuant
to Section 601 of the City Charter. Of the Board members
appointed, two shall be landlords, two shall be tenants, and five
shall be neutral (neither landlord or tenant).
B. Five Board members shall constitute a quorum, and any decision by
the Board shall require a majority of those members present.
C. Board members shall be qualified by experience and/or training to
pass on matters pertaining to housing and health and safety of the
public.
D. To the extent practicable, appointments to the Board shall be made
in accordance with the City's affirmative action policies.
E. To the extent practicable, the composition of the Board shall reflect
the geographical diversity of the City.
F. In making appointments to the Board, the Mayor shall accept for
consideration recommendations for appointments offered by each
Councilmember. Councilmembers must submit recommendations
to the Mayor for consideration at least 30 days prior to expiration
of an existing Board member's term.
G. At the first regular meeting of each year the Housing and
Residential Rent and Relocation Board members shall elect a
subcommittee composed of five members designated to hear
appeals of eligibility determinations for relocation payments
provided in the City's General Relocation Plan, pursuant to
California Health and Safety Code Section 33417.5. The
subcommittee shall meet at an established time suitable for its
purpose. Such meetings may coincide with regular meetings of the
Board. Three subcommittee members shall constitute a quorum,
and any decision by the subcommittee shall require a majority of
those members present.
Section 7. The length and frequency of the terms of members appointed to the Board
shall be as follows:
A. Staggered Terms. Commencing with the effective date of this
Ordinance, Board members shall be appointed to staggered terms,
said terms to commence upon the date of appointment, except that
an appointment to fill a vacancy shall be for the unexpired portion
of the term only,
B. Length of Terms. Except for initial appointments which may be for
lesser terms of two (2) years or one (1) year in order to establish
staggered terms pursuant to subsection A, all appointments shall be
for a period of three (3) years.
C. Limit on Consecutive Terms. Commencing with the effective date
of this Ordinance, no person shall be appointed to serve more than
two consecutive terms as a member of the Board.
In the event an appointment to fill a vacancy has not occurred by
the conclusion of a Board member's term, that member may
continue to serve as a member of the Board during the following
term in a holdover capacity for a period not to exceed one year, to
allow for the appointment of a Board member to serve the
remainder of said following term.
D. Removal. To assure participation of Board members, attendance
by the members of the Board to all regularly scheduled and special
meetings of the Board shall be recorded, and such record shall be
provided quarterly to the Office of the Mayor for review. A
member may be removed pursuant to Section 601 of the City
Charter. Among other things, conviction of a felony, misconduct,
incompetency, inattention to or inability to perform duties, or
absence from three (3) consecutive regular meetings except on
account of illness or when absent from the City by permission of the
Board, shall constitute cause for removal.
Section 8. The City Manager, or a designee, shall provide the Board with staff assistance.
Section 9. Recommendations from Councilmembers for initial appointments to the Board
must be submitted to the Mayor within 15 days from the effective date of this Ordinance. The
Mayor's appointments to the Board shall be presented to the Council for approval no later than
45 days from the effective date of this Ordinance.
Introduced
INCOUNCIL, OAKLAND. CALIFORNIA, *"* ' ' 19
PASSED BY THE FOLLOWING VOTE:
AYES- BAYTON, CHANG, DE LA FUENTE, JORDAN, MILEY, RUSSO, SPEES, WOODS-JONES, and PRESIDENT
HARRIS &
n j
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD //
5 City Clerk and Clerk of the Council
of the City of Oakland, California
600-243(1/95) '