Item 24 Staff Report Adopt Ordinance Amending the Los Gatos Town Code Article VIII, Rental and Other Tenant/Landlord Disputes (Section 14.80.045 - 14.80.315)MEETING DATE: 5/4/98
ITEM NO.
COUNCIL AGENDA REPORT
DATE: April 27, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, ESQ. TOWN ATTORNEY ^!
SUBJECT: ADOPT ORDINANCE AMENDING THE LOS GATOS TOWN CODE ARTICLE VIII,
RENTAL AND OTHER TENANT/LANDLORD DISPUTES (SECTION 14.80.045-14.80.315)
RECOMMENDATION:
1. Adopt attached ordinance that was introduced at the Council meeting of April 20, 1997.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary published before
adoption).
DISCUSSION:
On April 20, 1997 the Council introduced Attachment 1, which amends Chapter 14, section 14.80.045 through
14.80.315 with reference to the rental and other tenant/landlord disputes.
Attachments: 1. Ordinance
Distribution: Community Services - Rental Advisory Committee
Patricia Draper, Information and Referral Services, Inc., 1245 S. Winchester Blvd., #200, San Jose,
CA 95128
Kathy Thibodeaux, Tri-County Apartent Association, 792 Meridian Way, Suite A, San Jose, CA
95126-3899
OPK:LMB/wp
N:1ATY\RENTORD.TCR
PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY
Reviewed by: ii.S .Manager Finance
Revised: 4/27/98 11:06 am
Reformatted: 10/23/95 File# 301-05
ORDINANCE
ORDINANCE AMENDING THE LOS GATOS TOWN CODE
ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD
DISPUTES (SECTIONS 14.80.045, 14.80.010, & 14.80.315)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 14.80.045. Applicability to duplexes.
The provisions of this article shall apply to duplexes only as follows:
(a) 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
(b) A regulatory fee shall be imposed on each rental unit pursuant to that division.
(c) Duplexes shall not be eligible for mediation or arbitration services.
SECTION II
Section 14.80.235 of the Town Code is amended to read as follows:
Section 14.80.235. Time Limits.
A demand for arbitration 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 III
Section 14.80.310 of the Town code is amended to read as follows:
Section 14.80.310. Specific Standards.
(a) Exemptions
4. If the last increase was initiated no less than two (2) years before the current
increase and the current increase is 10% or less;
1
SECTION IV
Section 14.80.315 of the Town code is amended to read as follows:
Section 14.80.315. Other factors of Reasonableness.
(b) When costs of debt service deemed to be reasonable. The hearing officer
shall deem as reasonable and allowable to be passed through to tenants the costs of debt service where the
hearing officer finds the debt is a secured, arms -length transaction in the following instances:
(1) In the case of increased costs of debt service by new or existing owners, shall be
limited to eighty (80) percent of the increased costs of debt service arising from that
proportion of the aggregate amount of debt not exceeding seventy (70) percent of
the value of the property as established by a lender's appraisal. Where no lender's
appraisal is available, the hearing officer may secure such appraisal to be paid for
by the landlord as a cost of maintenance and operation.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on 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 . 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
N:WTY\RENT.ORD
2
INTERNAL TRACKING
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AGENDA ITEM: `� }
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LIST IN BOOK
ON DISC OR SHARE. FORM SENT TO DEPT.
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PUBLISH IF REQUIRED - Date of Publication —.
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
TO DISTRIBUTION LIST LiNO.of
olMAIL
COPIES: 1
PROOF OF MAILING PREPARED
, a 4.
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
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CODIFICATION IF ORDINANCE !
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OF 1, OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
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SUBJECT: ��iK-a+�rv7 C71°LI,14..a( PzctdZ
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Number:
Date of Adopt:
RESOLUTION
PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: D7: RESO-ORD
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
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 11()
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 May 6, 1998 I mailed at Los Gatos, California a true copy of Ordinance 2044 relating to Amending Rental
and other Tenant/Landlord disputes, fully paid to the following:
Patricia Draper, Information and Referral Services, Inc., 1245 W. Winchester Blvd., #200, San Jose, CA
95128
Kathy Thibodeaux, Tri-County Apartment Association, 792 Meridian Way, Suite A, San Jose, CA. 95126-
3899
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was
executed on May 6, 1998.
MarLyn
Executive Assit/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:\proof
ORDINANCE 2044
ORDINANCE AMENDING THE LOS GATOS TOWN CODE
ARTICLE VHI, RENTAL AND OTHER TENANT/LANDLORD
DISPUTES (SECTIONS 14.80.045, 14.80.010, & 14.80.315)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 14.80.045. Applicability to duplexes.
The provisions of this article shall apply to duplexes only as follows:
(a) 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
(b) A regulatory fee shall be imposed on each rental unit pursuant to that division.
(c) Duplexes shall not be eligible for mediation or arbitration services.
SECTION II
Section 14.80.235 of the Town Code is amended to read as follows:
Section 14.80.235. Time Limits.
A demand for arbitration 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 III
Section 14.80.310 of the Town code is amended to read as follows:
Section 14.80.310. Specific Standards.
(a) Exemptions
4. If the last increase was initiated no less than two (2) years before the current
increase and the current increase is 10% or less;
1
SECTION IV
Section 14.80.315 of the Town code is amended to read as follows:
Section 14.80.315. Other factors of Reasonableness.
(b) When costs of debt service deemed to be reasonable. The hearing officer
shall deem as reasonable and allowable to be passed through to tenants the costs of debt service where the
hearing officer finds the debt is a secured, arms -length transaction in the following instances:
(1)
In the case of increased costs of debt service by new or existing owners, shall be
limited to eighty (80) percent of the increased costs of debt service arising from that
proportion of the aggregate amount of debt not exceeding seventy (70) percent of
the value of the property as established by a lender's appraisal. Where no lender's
appraisal is available, the hearing officer may secure such appraisal to be paid for by
the landlord as a cost of maintenance and operation.
SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on April 20, 1998 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 May 4, 1998. This ordinance
takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:/s/ Linda Lubeck
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
2
Town Council Minutes May 4, 1998
Redevelopment Agency Los Gatos, California
FIRE PREVENTION CODE/FEE SCHEDULE/INSPECTIONS/RESOLUTION 1998-59 (20.28)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-59
entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1990-
155 AND RESTATING THE EXISTING FEE SCHEDULE FOR PERMITS. INSPECTIONS
AND SERVICES RELATED TO THE TOWN FIRE PREVENTION CODE. Carried
unanimously.
MAIN STREET W 223/MIXED USE OFFICE-RESIDENTIAL/RESOLUTION 1998-60 (21.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-60
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
PLANNING COMMISSION DECISION TO MAKE A NEGATIVE DECLARATION
CONCERNING THE ENVIRONMENTAL IMPACTS AND APPROVE A CONDITIONAL USE
PERMIT TO CONSTRUCT A NEW MIXED USE BUILDING CONTAINING OFFICE AND
RESIDENTIAL USES WITH ALTERNATING PARKING USE, AND DENIAL OF A VARIANCE
TO REDUCE THE REAR YARD SETBACK AND INCREASE ALLOWABLE FENCE HEIGHT
ON PROPERTY ZONED C-2. Carried by a vote of 3 ayes. Mr. Hutchins abstained. Mr.
Attaway voted no for reasons stated in prior record.
SECONDARY DWELLING UNITS/TRANSFERS/DEMOLITIONS/CONVERSIONS/REMOVALS
ZONING ORDINANCE AMENDMENT/A-98-001/ORDINANCE 2043 (23.46)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2043
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE TO ALLOW THE DEMOLITION. CONVERSION, OR
REMOVAL OF APPROVED SECONDARY DWELLING UNITS AND THE TRANSFER OF
SECONDARY DWELLING UNIT DEVELOPMENT RIGHTS. Carried by a vote of 3 ayes. Mr.
Attaway and Mrs. Benjamin voted no for reasons noted in prior record.
RENTAL AND OTHER TENANT -LANDLORD DISPUTES/ORDINANCE 2044 (24.19)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2044
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS
TOWN CODE. ARTICLE VIII. RENTAL AND OTHER TENANT/LANDLORD DISPUTES
(SECTIONS 14.80.045, 14.80.010 & 14.80.315.) Carried unanimously.
HEARINGS
VILLAGE LANE 320/VILLAGE HOUSE/CONDITIONAL USE PERMIT
RESTAURANT & OUTDOOR SEATING/BEER AND WINE SERVICE/APPEAL (25.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
appeal of a Planning Commission decision approving a Conditional Use Permit to operate a new
restaurant with outdoor seating and the service of beer and wine at the site of an existing
unlawful restaurant (Village House) on property zoned C-2. Project Application PRJ-98-010.
Property Location: 320 Village lane. Property Owner/Applicant: Eastfield Ming Quong, Inc.
Appellant: Alain Staebler.
TC: D10: MM050498
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