Item 14 Staff Report Adopt Ordinance Amending the Los Gatos Town Code Article VIII, Rental and Other Tenant/Landlord Disputes (Sections 14.80.010 - 14.80.315)DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
MEETING DATE: 44/eP 1 ) 9''1
ITEM N0. /
April 17, 1997
MAYOR AND TOWN COUNCIL
NATALIE E. WEST, INTERIM TOWN ATTORNEY
ADOPT ORDINANCE AMENDING THE LOS GATOS TOWN CODE ARTICLE VIII, RENTAL
AND OTHER TENANT/LANDLORD DISPUTES (SECTIONS 14.80.010-14.80.315)
RECOMMENDATION:
Adopt ordinance that was introduced at the Council meeting of April 7, 1997.
DISCUSSION:
On Apri17, 1997, the Council introduced Attachment 1, which amends Chapter 14 clarifying the provisions regarding rental
and other tenant/landlord disputes.
Attachments: 1. Ordinance
Distribution: Harryette Shuell, Information and Referral Services
Christine Johnson, Tri County Apartment Association
NEW:LMB/wp
N:\ATY\RENT.TCR
PREPARED BY: N TALI E. WEST, INTERIM TOWN ATTORNEY
Reviewed by.
ager Finance Revised: 4/17/97 3:09 pm
Reformatted: 10/Z3/95 Fi1e# 301-05
ORDINANCE
ORDINANCE AMENDING THE LOS GATOS TOWN CODE
ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD
DISPUTES (SECTIONS 14.80.010 - 14.80.315)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 14.80.020 of the Town code is amended to read as follows:
Section 14.80.020. Definitions.
(a) Agent. An individual or organization, or government, designated by the Town
Council to administer the ordinance.
(b) Arbitrator. A person designated by the manager or the manager's designated
representative who is trained to hear disputes under this article and the regulations adopted pursuant
thereto and render a decision.
(c) Duplex. A building or group of buildings on the same premises, containing not
more nor less than two dwelling.
(f) Lease/Rental Agreement. An agreement, written, oral, implied in fact, or
implied in law, in which a landowner, for compensation, conveys the right to possess land to someone
else for a period of time or from period to period.
SECTION II
Section 14.80.105 of the Town code is amended to read as follows:
Section 14.80.105. Retroactive application.
(b) No landlord shall be required to refund any rent under this article; however, the
mediation agreement or arbitration award may establish a reasonable rent at a decreased level, which
may be effective for up to twelve (12) months from the date of the agreement or award.
SECTION III
Section 14.80.110 of the Town code is amended to read as follows:
Section 14.80.110. Stay.
Invocation by a tenant or landlord of conciliation under this article shall stay the rent increase
complained of, pending resolution of the dispute; provided, that if staff and a mediator determine,
based on written findings, that a petition is not covered by the intent and purpose of this article, the
stay shall terminate as of the date of the findings. In the case of stay, the tenant shall pay whatever
rent increase is determined to be reasonable hereunder, retroactive to the date the original increase
proposed by the landlord would have been effective.
SECTION IV
Section 14.80.205 of the Town code is 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 concerning
rent, housing services or proposed eviction, 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 filed within thirty (30) days after the rental increase takes
effect.
SECTION V
Section 14.80.215 of the Town code is amended to read as follows:
Section 14.80.215. Mediation.
When a dispute has not been resolved through conciliation, either party may request mediation
by applying therefor on a form provided by the Town's agent.
SECTION VI
Section 14.80.230 of the Town code is amended to read as follows:
Section 14.80.230. Right to arbitration.
When mediation does not result in an agreement either party may demand arbitration by
applying therefore on a form provided by the Town's Agent. The mediator may also initiate
arbitration if the mediator concludes that mediation is not feasible.
SECTION VII
Section 14.80.235 of the Town code is amended to read as follows:
Section 14.80.235. Time limit.
A demand for arbitration is effective only if it is received by the Town or its agent within
twenty (20) days after the date of the last mediation held which left mediation issues unresolved.
SECTION VIII
Section 14.80.240 of the Town code is amended to read as follows:
Section 14.80.240. Arbitration.
When a party properly demands arbitration, the dispute shall be heard or received:: under the
regulations adopted pursuant to section 14.80.025.
SECTION IX
Section 14.80.305 of the Town code is amended to read as follows:
Section 14.80.305. General standards.
The purpose of this article is to permit landlords a fair and reasonable return on the value of
their property, while at the same time protecting tenants from arbitrary, capricious or unreasonable
rent increases. The determination of reasonableness shall be made with reference to the following
standards, unless arbitrator determines that the overall standard of reasonableness requires other
standards to be applied in a given case.
SECTION X
Section 14.80.315 of the Town code is amended to read as follows:
Section 14.80.315. Other factors of reasonableness.
(a) Increases deemed reasonable. A rent increase is reasonable if the hearing officer
determines the following:
(1) The rent increase consists of no more than five percent (5%) of the
existing monthly rent plus the pass -through of all or some of the amounts of one (1) or more of the
following:
(a) The fee imposed under section 14.80.245,
(b) Costs of capital improvements, averaged on a per -unit basis and
amortized over a period of not less than sixty (60) months;
(c) Increased costs of maintenance and operation;; or
(d) Costs of rehabilitation; averaged on a per -unit basis and amortized
over a period on not less than thirty-six (36) months; and
(2). Theicost figures are established to the reasonable satisfaction of the
hearing officer.
(3) Each of the costs proposed for passthrough to tenants bears a
reasonable relationship to the purpose for which such cost was incurred and the value of the real
property to which it is applied.
SECTION XI
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 7, 1997, 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:\ATY\RENT.ORD
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
RESO/ORD NUMBER: �y
DATE
JIY
076 V
LIST IN BOOK
4
ON DISC OR SHARE. FORM SENT TO DEPT.
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)4P2-6'
PUBLISH IF REQUIRED - Date of Publication ,.(,)
1' I
/
ORDINANCES ONLY
I.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
f
v
-
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
.
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE !
c lk: d 16:1otberiocddned
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
RESOLUTION
PUBLICATION REQUIRED;
il/Q/ /97.
/' f
ORDINANCE
Number. .2O 2
Date of Intro: 4/ 7 iq 'y
Date of Adopt: 4/a. q 7
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
a3 orfEyLQ)
COUNCIL MEMBERS NAMES:
Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor(or Chairman) JOANNE BENJAMIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
rc:07:RESO-oao
ORDINANCE 2029
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE LOS GATOS TOWN CODE
ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD
DISPUTES (SECTIONS 14.80.010 -14.80.315)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 14.80.020 of the Town code is amended to read as follows:
Section 14.80.020. Definitions.
(a) Agent. An individual or organization, or government, designated by the Town
Council to administer the ordinance.
(b) Arbitrator. A person designated by the manager or the manager's designated
representative who is trained to hear disputes under this article and the regulations adopted pursuant
thereto and render a decision.
(c) Duplex. A building or group of buildings on the same premises, containing
not more nor less than two dwelling.
(f) Lease/Rental Agreement. An agreement, written, oral, implied in fact, or
implied in law, in which a landowner, for compensation, conveys the right to possess land to
someone else for a period of time or from period to period.
SECTION II
Section 14.80.105 of the Town code is amended to read as follows:
Section 14.80.105. Retroactive application.
(b) No landlord shall be required to refund any rent under this article; however, the
mediation agreement or arbitration award may establish a reasonable rent at a decreased level, which
may be effective for up to twelve (12) months from the date of the agreement or award.
SECTION III
Section 14.80.110 of the Town code is amended to read as follows:
Section 14.80.110. Stay.
Invocation by a tenant or landlord of conciliation under this article shall stay the rent increase
complained of, pending resolution of the dispute; provided, that if staff and a mediator determine,
based on written findings, that a petition is not covered by the intent and purpose of this article, the
stay shall terminate as of the date of the findings. In the case of stay, the tenant shall pay whatever
rent increase is determined to be reasonable hereunder, retroactive to the date the original increase
proposed by the landlord would have been effective.
SECTION IV
Section 14.80.205 of the Town code is 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 concerning
rent, housing services or proposed eviction, 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 filed within thirty (30) days after the rental
increase takes effect.
SECTION V
Section 14.80.215 of the Town code is amended to read as follows:
Section 14.80.215. Mediation.
When a dispute has not been resolved through conciliation, either party may request
mediation by applying therefor on a form provided by the Town's agent.
SECTION VI
Section 14.80.230 of the Town code is amended to read as follows:
Section 14.80.230. Right to arbitration.
When mediation does not result in an agreement either party may demand arbitration by
applying therefore on a form provided by the Town's Agent. The mediator may also initiate
arbitration if the mediator concludes that mediation is not feasible.
SECTION VII
Section 14.80.235 of the Town code is amended to read as follows:
Section 14.80.235. Time limit.
A demand for arbitration is effective only if it is received by the Town or its agent within
twenty (20) days after the date of the last mediation held which left mediation issues unresolved.
SECTION VIII
Section 14.80.240 of the Town code is amended to read as follows:
Section 14.80.240. Arbitration.
When a party properly demands arbitration, the dispute shall be heard or received under the
regulations adopted pursuant to section 14.80.025.
SECTION IX
Section 14.80.305 of the Town code is amended to read as follows:
Section 14.80.305. General standards.
The purpose of this article is to permit landlords a fair and reasonable return on the value of
their property, while at the same time protecting tenants from arbitrary, capricious or unreasonable
rent increases. The determination of reasonableness shall be made with reference to the following
standards, unless arbitrator determines that the overall standard of reasonableness requires other
standards to be applied in a given case.
SECTION X
Section 14.80.315 of the Town code is amended to read as follows:
Section 14.80.315. Other factors of reasonableness.
(a) Increases deemed reasonable. A rent increase is reasonable if the hearing officer
determines the following:
(1) The rent increase consists of no more than five percent (5%) of the
existing monthly rent plus the pass -through of all or some of the amounts of one (1) or more of the
following:
(a) The fee imposed under section 14.80.245,
(b) Costs of capital improvements, averaged on a per -unit basis and
amortized over a period of not less than sixty (60) months;
(c) Increased costs of maintenance and operation;; or
(d) Costs of rehabilitation; averaged on a per -unit basis and amortized
over a period on not less than thirty-six (36) months; and
(2). The cost figures are established to the reasonable satisfaction of the
hearing officer.
(3) Each of the costs proposed for passthrough to tenants bears a
reasonable relationship to the purpose for which such cost was incurred and the value of the real
property to which it is applied.
SECTION XI
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 7, 1997, 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 April 21, 1997.
This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Mayor Joanne Benjamin
NAYS: None
ABSENT: Jan Hutchins, Linda Lubeck
ABSTAIN: None
SIGNED:
/s/ Joanne Benjamin
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
April 21, 1997
Los Gatos, California
HERTZ CAR SALES/TWO DETECTIVE VEHICLES/RESOLUTION 1997-38 (13.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-38
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH HERTZ CORPORATION. CAR SALES
TO PURCHASE TWO USED VEHICLES. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr.
Hutchins absent.
RENTAL MEDIATION/TENANT-LANDLORD DISPUTES/ORDINANCE 2029 (14.19)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2029 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE, ARTICLE
VIII, RENTAL AND OTHER TENANT -LANDLORD DISPUTES (SECTIONS 14.80.010 -
14.80.315). Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Hutchins absent.
HEARINGS
STRATEGIC PLAN FOR LOS GATOS/JULY 1997-JUNE 2002/ADOPTION (15.10)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
the adoption of the Town of Los Gatos Strategic Plan for July 1997 through June 2002.
There was no one from the audience to address this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried by a
vote of 3 ayes. Mrs. Lubeck and Mr. Hutchins absent.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt the Town of Los Gatos
Strategic Plan for July 1997 through June 2002. Carried by a vote of 3 ayes. Mrs. Lubeck and
Mr. Hutchins absent.
LOS GATOS BOULEVARD 15960/HIGH TECH BURRITO/APPEAL (16.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
appeal of a Planning Commission decision denying a Conditional use Permit for a restaurant with
indoor beer and wine service with meals, and outdoor seating on property zoned C-1. Project
application PRJ-97-003. Property location: 15960 Los Gatos Boulevard. Property Owner: Carl
Cilker. Applicant: High Tech Burrito Corporation. Appellant: Brian Malone.
There was no one from the audience to address this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this item to May 5,
1997 at the request of the owner. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Hutchins
absent.
GENERAL PLAN TASK FORCE/CITIZENS COMMITTEE/RESOLUTION 1997-39 (17.46)
Mayor Benjamin stated that this was the time and place duly noted to consider adopting
resolution establishing a Citizens General Plan Task Force and authorizing staff prepare requests
for proposals for facilitator and task force coordinator.
TC: D9: M M042197
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