Item 18 Staff Report Adopt Ordinance Amending Los Gatos Town Code Chapter 14, Article VIII, Rental and Other Tenant/Landlords Disputes (Section 14.80.045 - 14.80.240)• r-•
MEETING DATE: 9/20/99
ITEM NO. , 0
COUNCIL AGENDA REPORT
DATE: September 9, 1999
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
SUBJECT: ADOPT ORDINANCE AMENDING LOS GATOS TOWN CODE CHAPTER 14, ARTICLE
VIII, RENTAL AND OTHER TENANT / LANDLORD DISPUTES (SECTION 14.80.045 -
14.80.240)
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of September 7, 1999.
2. Instruct the Clerk to either:
(a) publish the ordinance with 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary published before
adoption).
DISCUSSION:
On September 7, 1999 the Council introduced Attachment 1, which amends the Los Gatos Town Code Chapter 14,
Article VIII, concerning the rental and other tenant / landlord disputes.
Attachments: Ordinance
Distribution: Heather Elrick, Santa Clara County Bar Association, 4 N. Second Street, #400, San Jose, CA 95113
Mary Liz Cortese, Govern. Relations Director, Tri-County Apart. Assoc., 792 Meridian Way, #A,
San Jose, CA 95126-3899
OPK:LMB/wp [N:\ATY\RENTORD.TCR]
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by: iejtk Manager Revised: 9/9/99 9:00 AM
Reformatted: 7/19/99 File# 301-05
ORDINANCE
ORDINANCE AMENDING THE LOS GATOS TOWN CODE
ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD
DISPUTES (SECTIONS 14.80.045 -14.80.240)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 14.80.045 of the Town Code is hereby amended to read as follows:
Section 14.80.045. Applicability to duplexes.
(a) The provisions of this article shall apply to duplexes only as follows:
(1) Tenants and landlords of duplexes are entitled to the
resolution services provided in division 3 (sections 14.80.205
and 14.80.210) below; and
(2) A regulatory fee shall be imposed on each rental unit pursuant
to that division.
(b) Duplexes shall not be eligible for mediation or arbitration services.
(c) Section 14.80.310 shall not apply to duplexes.
SECTION II
Section 14.80.205 of the Town Code is hereby amended to read as follows:
Section 14.80.205. Town Service.
When either party to a landlord/tenant transaction has a dispute with the other , the
party may seek the services of the Town by filing a written petition for conciliation with the Town
or its agent; provided, that in the case of rent disputes, twenty-five (25) percent of the units affected
must join in the petition. In all other cases an individual may submit a petition. Petitions must be
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filed within thirty (30) days after the rental increase takes effect.
SECTION III
Section 14.80.216 is added to read as follows:
Section 14.80.216. Time Limit.
A request for mediation is effective only if it is received by the Town or its agent as
prescribed by the regulations adopted pursuant to section 14.80.025.
SECTION IV
Section 14.80.230 is amended to read as follows:
Section 14.80.230. Request for Arbitration.
When conciliation or mediation does not result in an agreement either party may
request arbitration by applying therefor on a form provided by the Town's Agent. The mediator may
also initiate arbitration if the mediator concludes that mediation is not feasible.
If the arbitration request follows a mediation that did not result in an agreement, the
arbitration request will be granted. If the arbitration request follows conciliation that did not result
in an agreement, the Town, or its agent, may assign either arbitration or mediation. The Town, or
its agent, will base this decision upon which procedure appears most likely to result in a timely
decision that is both fair and acceptable to the parties.
SECTION V
Section 14.80.235 is amended to read as follows:
Section 14.80.235. Time Limits.
A request for arbitration is effective only if it is received by the town or its agent as
prescribed the by regulations adopted pursuant to section 14.80.025.
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SECTION VI
Section 14.80.240 is amended to read as follows:
Section 14.80.240. Arbitration.
When a party properly requests arbitration, the dispute shall be heard or received
under the regulations adopted pursuant to section 14.80.025.
SECTION VII
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on September 7, 1999, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1999.
This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
/1/
RESO/ORD NUMBER:_ 00
DATE
BY
CERTIFIED COPY TOP ING ')
4 / , )
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) completed,
SEND TO MAYOR for SIGNATURE
"
MAIL TO DISTRIBUTION LIST /
NO.of COPIES: !/
IA
PROOF OF MAILING PREPARED
Ji
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
POSTS
s
CODIFICATION IF ORDINANCE !
LAO
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cl k: d 16:\other\ordres2
1 TOWN OF LOS GATOS
2 OFFICE OF THE TOWN CLERK
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4 PROOF OF SERVICE
5 (by Mail)
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I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa Clara
at 110 E. Main Street, Los Gatos, California, 95030.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing of correspondence
for mailing with the United States Postal Service and that correspondence is deposited with the United States Postal Service
that same day in the ordinary course of business.
3. On September 22, 1999 I mailed at Los Gatos, California a true copy of Town Ordinance 2068 regarding
Rental and Other Tenant/Landlord Disputes. to the following:
Heather Elrick, Santa Clara County Bar Association 4 North Second Street, #400, San Jose, CA 95113
15 Mary Liz Cortese, Government Relations Director, Tri-County Apartment Association, 792 Meridian Way, #A,
San Jose, CA 95126-3899
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17 4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
18 executed on September `2 \J999.
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20 �I
Mar yn I. stitiu CMC
21 Executive Assi nt/Senior Deputy Clerk
Town of Los Gatos
22 110 East Main Street
Los Gatos, CA 95032
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24 c:\proof
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filed within thirty (30) days after the rental increase takes effect.
SECTION III
Section 14.80.216 is added to read as follows:
Section 14.80.216. Time Limit.
A request for mediation is effective only if it is received by the Town or its agent as
prescribed by the regulations adopted pursuant to section 14.80.025.
SECTION IV
Section 14.80.230 is amended to read as follows:
Section 14.80.230. Request for Arbitration.
When conciliation or mediation does not result in an agreement either party may
request arbitration by applying therefor on a form provided by the Towns Agent. The mediator may
also initiate arbitration if the mediator concludes that mediation is not feasible.
If the arbitration request follows a mediation that did not result in an agreement, the
arbitration request will be granted. If the arbitration request follows conciliation that did not result
in an agreement, the Town, or its agent, may assign either arbitration or mediation. The Town, or
its agent, will base this decision upon which procedure appears most likely to result in a timely
decision that is both fair and acceptable to the parties.
SECTION V
Section 14.80.235 is amended to read as follows:
Section 14.80.235. Time Limits.
A request for arbitration is effective only if it is received by the town or its agent as
prescribed the by regulations adopted pursuant to section 14.80.025.
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SECTION VI
Section 14.80.240 is amended to read as follows:
Section 14.80.240. Arbitration.
When a party properly requests arbitration, the dispute shall be heard or received
under the regulations adopted pursuant to section 14.80.025.
SECTION VII
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on September 7, 1999, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 7, 1999.
This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
/s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
RESOLUTION
/?
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COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
ORDINANCE
Number: Se6 "
Date of Intro: /7/77
Date of Adopt: G
ZONE CHANGE:
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CUC 014:\OTHER\ORDRES
Town Council Minutes September 20, 1999
Redevelopment Agency Los Gatos, California
TOWN ATTORNEY/LETTER OF AGREEMENT (14.10)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING AGREEMENT BETWEEN THE
TOWN OF LOS GATOS AND TOWN ATTORNEY. Carried unanimously.
STORM DRAIN PROJECTS/FUNDING (15.37)
This item has been removed from the agenda.
GLEN RIDGE AVENUE 133/RESIDENTIAL REMODEL/RESOLUTION 1999-148 (16.09)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION
OF THE PLANNING COMMISSION DENYING A REQUEST FOR ARCHITECTURE AND
SITE APPROVAL TO EXCEED THE FAR FOR A PRE-1941 SINGLE FAMILY RESIDENCE
ON PROPERTY ZONED R-1:8, which confirms Council action of September 7, 1999. Carried
unanimously.
BLOSSOM HILL ROAD 14734/SKY LANE 14725/PLANNED DEV/ORDINANCE 2067 (17.09)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Ordinance 2067 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE BOUNDARIES AND
PERFORMANCE STANDARDS OF ORDINANCE 2047 EFFECTING A ZONE CHANGE
FROM RC TO HR-1:PD AT 14734 BLOSSOM HILL ROAD: AND REZONING OF
APPROXIMATELY 3,000 SQUARE FEET FROM HR-1:PD TO HR-5 AT 14725 SKY LANE,
which was introduced at the Council meeting of September 7, 1999. Carried unanimously.
RENTAL & OTHER TENANT -LANDLORD DISPUTE PROGRAM/ORDINANCE 2068 (18.44)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Ordinance 2068 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN CODE
ARTICLE VII, RENTAL, AND OTHER TENANT/LANDLORD DISPUTES (SECTIONS
14.80.045 - 14.80.240), which was introduced at the Council meeting of September 7, 1999.
Carried unanimously.
SIDEWALK & GUTTER RECONSTRUCTION/PROJECT 00-01/RESOLUTION 1999-149 (19.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-149
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 0001 - ANNUAL SIDEWALK, CURB AND GUTTER
RECONSTRUCTION. Carried unanimously.
VERBAL COMMUNICATIONS
Massage Therapy:
Andrew Fanelli, 15110 Shannon Road, asked that Council reconsider its policy on issuing
business licenses to massage practitioners. Mayor Hutchins asked that this issue be agendized
and come under consideration at a future Council meeting.
Garbage Compactor:
Larry Arzie, Los Gatos Porch, 32 North Santa Cruz, discussed the garbage enclosure in Station
Way behind the new portion of Old Town. He would like a better understanding of how the
facility will be operated, what the contracts will require and expect, and whether the Town will
have some control over the requirements, restrictions and the fees associated with its operation.
The Mayor requested that staff study this issue and return to Council with a report.
TC: D11: MM092099
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