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INTRODUCED BY COUNCILMEMBER .-</ S&^/'JpflL
ORDINANCE NO. 11872 c. M. S.
ORDINANCE ADOPTED PURSUANT TO ARTICLE VI OF THE CITY
CHARTER AMENDING THE RESIDENTIAL RENT ARBITRATION
BOARD, ESTABLISHED BY ORDINANCE NO. 9980, C.M.S., AS
AMENDED
WHEREAS, the Residential Rent Arbitration Board was
established by the City Council of the City of Oakland on October
7, 1980 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, Ordinance No. 9980 C.M.S. has subsequently been
amended by Ordinance No. 10058, C.M.S., Ordinance No. 10090 C.M.S.,
Ordinance No. 10116 C.M.S., Ordinance No. 10392 C.M.S., Ordinance
No. 10402 C.M.S., Ordinance No. 10463 C.M.S., Ordinance No. 10577
C.M.S., Ordinance No. 10607 C.M.S., Ordinance No. 10677 C.M.S.,
Ordinance No. 10747 C.M.S., Ordinance No. 10787 C.M.S., Ordinance
No. 10788 C.M.S., Ordinance No. 10794 C.M.S., Ordinance No. 11004
C.M.S. and finally by Ordinance No. 11758 C.M.S.; and
WHEREAS, at a Special Meeting of the City Council convened on
or about April 26, 1994, the City Council determined that exiisting
boards and commissions should be amended to incorporate uniform
requirements regarding the selection of members, the duties of said
members, and the general responsibilities of boards and
commissions.
The Council of the City of Oakland does ordain as follows:
Section 1. The duties and functions of the duly appointed
boardmembers of the Residential Rent Arbitration Board as provided
in Section 4 of Ordinance No. 11758 C.M.S., are amended to read as
follows:
"Section 4. Purpose, Duties and Functions of Board.
A. The Residential Rent Arbitration 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 or
commission reports.
600-245-005 (7/83)
B. Status reports submitted in fulfillment
of subsection A above must include a detailed
description of operating and staffing needs,
to be developed and maintained by the
department responsible for staffing and
administration of the Board.
C. 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.
D. City Council approval must be obtained
prior to the creation of any standing
committee of the Board. 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.
E. It shall be the function and
responsibility of the Residential Rent
Arbitration Board to hear appeals from the
decisions of the Hearing Officer(s) which the
Board in its discretion determines are
inconsistent with prior decisions of the
Residential Rent Arbitration Board. The Board
will also review all decisions involving new
policy questions, and in cases where a Hearing
Officer's decision is reversed, the Board will
report its findings to the Hearing Officer(s) .
The Board can develop rules and procedures to
implement this ordinance, which shall be
approved by the City Council.
Section 2. Section 5 of Ordinance No. 11758 C.H.S., relating
to the composition of and appointment of members to the Residential
Rent Arbitration Board, shall be amended to read as follows:
'Section 5. Members of the Board - Composition and
Appointment.
A. To -the extent practicable, appointments
to the Residential Rent Arbitration Board
shall be made in accordance with the City' s
affirmative action policies.
-2-
B. To the extent practicable, appointments
to the Residential Rent Arbitration Board
shall reflect the geographical diversity of
the City.
C. In making appointments to the Residential
Rent Arbitration 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.
D. The Board shall consist of seven (7)
members appointed pursuant to Section 601 of
the Charter, who shall serve without
compensation.
E. Of the Board members appointed, one (1)
shall be a landlord, one (1) shall be a
tenant, and five (5) shall be neutrals
(neither landlords or tenants).
F. Four Board Members shall constitute a
quorum, and any decision by the Board shall
require a majority of those members present.
In the event of a tie vote, the Hearing
Officer's decision is affirmed.
G. 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.
H. Length of Terms. Except for the initial
appointments made immediately following
passage of this Ordinance which may be for
lesser terms of two (2) years or one (1) year
in order to establish staggered terms pursuant
to subsection G, all appointments shall be for
a period of three (3) years.
I. Limit on Consecutive Terms. Commencing
with the effective date of this Ordinance, no
person shall be appointed to serve more than
two (2) consecutive terms as a member of the
Residential Rent Arbitration Board. Members
of the Residential Rent Arbitration Board
sitting on the effective date of this
ordinance shall not be appointed to serve more
-3-
than (1) additional consecutive term as a
member of the Board.
J. A vacancy on the Board will exist
whenever a Board member dies, resigns, or is
removed, or whenever an appointee fails to be
confirmed by the Council within ten (10) days
of appointment. 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.
K. 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
semi-annually 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.
INTRODUCED: February 27, 1996
IN COUNCIL, OAKLAND, CALIFORNIA, MAR1 2 1996
19
PASSEDBY THE FOLLOWING VOTE:
AYES- BAYTON, CHANG, DE LA FUENTE, JORDAN-, MILEY, RUSSO, SPEES. WOODO-JONCO. and PRESIDENT
HARRIS *7
NOES- NONE
ABSENT- NONE
ABSTENTION- NONE
O: \DOC\CEV\ADVISORY\54723.1 -4- city Clerk and Clerk ofthe Council
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