Item 6 Staff Report Approve $5,000 Reimbursement to the Santa Clara County Bar Association for Rental Dispute Resolution Services and Authorize a Budget Increase of $5,000COUNCIL AGENDA REPORT
DATE: March 27, 2000
TO: MAYOR AND TO _ OUNCI
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 4/03/00
ITEM NO. (_
APPROVE $5,000 REIMBURSEMENT TO THE SANTA CLARA COUNTY BAR'
ASSOCIATIONfFOR RENT L DISPUTE RESOLUTION SERVICES AND AUTHORIZE
A BUDGET INCREASE OF $5,000
RECOMMENDATION:
Approve $5,000 reimbursement to the Santa Clara County Bar Association for rental dispute resolution services and
authorize a budget increase of $5,000.
BACKGROUND:
Last November, the Town received a letter from the Bar Association requesting reimbursement of arbitration fees totaling
$10,000. These costs were incurred by the Association last fiscal year when it hired David Finch to arbitrate a rental
dispute case. Council considered the request at its February 22 meeting and directed staff to negotiate a reimbursement
with the Association.
DISCUSSION:
Through a series of letters (attached), the Town Manager and Bar Association Executive Director agreed to forward a
$5,000 reimbursement settlement to Council for approval. The payment assumes a $200 per petition fee with 25 petitions
(households) requesting arbitration. Payment will be made upon invoice with a copy of the arbitrator's invoice.
ENVIRONMENTAL ASSESSMENT:
Payment to the Bar Association is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The $5,000 increase will be funded from the Manager's Contingency.
PREPARED BY: Regina A. Falkne
Community Sery
irector
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N:lcsdltcrptslbar3.rpt
Reviewed by: Attomey
Finance
Revised: 3/27/00 4:44 PM
Reformatted: 7/14/99
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE $5,000 REIMBURSEMENT TO THE SANTA CLARA COUNTY BAR
ASSOCIATION FOR RENTAL DISPUTE RESOLUTION SERVICES AND AUTHORIZE A
BUDGET INCREASE OF $5,000
March 24, 2000
Attachments:
1. March 23 Letter from Christine Burdick, Santa Clara County Bar Association
2. March 20 Letter from David Knapp, Town Manager
3. March 16 Letter from David Knapp, Town
4. March 14 Letter from Christine Burdick, Santa Clara County Bar Association
5. February 29 Letter from Christine Burdick, Santa Clara County Bar Association
Distribution:
Christine Burdick, Esq. Executive Director, Santa Clara County Bar Association, 4 North Second Street, Suite 400,
San Jose, CA 95113
Regular
Santa Clara County
BAR ASSOCIATION
March 23, 2000
David Knapp
Town Manager
Town of Los Gatos
110 E. Main Street, P.O. Box 949
Los Gatos, CA 95031
Subject: El Gato Reimbursement
Dear Mr. Knapp:
It appears that my letter of March 14, 2000, and your letter of March 16,
2000, crossed in the mail. Thank you for your response. I also appreciate
your clarification on the Town Council meetings.
On behalf of the Santa Clara County Bar Association, we will accept the sum
of $5,000 in full settlement of the El Gato reimbursement of arbitration
fees.
Given your clarification of the Town Council meetings, the April 3, 2000,
Council agenda is fine. I plan to attend but do not see any need to
address the Council unless they have questions. I would appreciate
receiving a copy of the April 3 agenda and attachments on this item as soon
as it is available.
I look forward to concluding this matter. If there is anything additional,
please do not hesitate to contact me.
Sincerely,
SANTA CLARA COUNTY BAR ASSOCIATION
Christine A. Burdick
Executive Director & General Counsel.
Cc: Mayor Steven Blanton
Regina Faulkner
Orry Korb
4 North Second Street, Suite 400
San Jose, California 95113
(408) 287-2557 Fax (408► 287-6083
Office of the
NAR 2 8 MU
'JINN MANAr"-
ATTACHMENT
TOWN OF Los GATOS
OFFICE OF THE TOWN MANAGER
(408) 354-6832
FAX: (408) 354-8431
March 16, 2000
Christine Burdick, Esq.
Executive Director
Santa Clara County Bar Association
4 North Second Street, Suite 400
San Jose, California 95113
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los Gros, CA 95031
Subject: El Gato Penthouse Apartments
Dear Christine:
I have received your January 27 letter regarding the Bar Association's reimbursement request.
As you know, Council considered the Association's request for arbitration service related to the El Gato
Penthouse Apartment case at its February 22 meeting. At that meeting, Council indicated that it would
be amenable to paying approximately half of the arbitration costs. Although there are a number of ways
to substantiate splitting the costs, the method you have proposed is reasonable and acceptable. I am
willing to return to Council with your proposal to reimburse the Association $5,000 for arbitration costs.
However, I cannot support your request for reimbursement of mediation services related to the same
case. In your November 4, 1999, letter to me you write that, "The SCCBA will absorb the extraordinary
cost of the lengthy mediation." Based on this statement, the Council did not consider reimbursing the
Association for any mediation expenses over and above the contract amount. The Association failed to
invoice the Town for reimbursement as allowed by the contract. (We have noted that the Association
invoiced the Town $615 or mediation and arbitration services last year leaving a $1,185 balance.)
Unless I hear from you by March 22, I will forward your request to Council on April 3.
incerely yours,
DAVID W. KNAPP
Town Manager
DWK:pg
MGR165 A:uetterslburdick.wpd
cc: Regina A. Falkner,Community Services Director
Orry P. Korb, Town Attorney
INCORPORATED AUGUST 10,1887
Santa Clara County
BAR ASSOCIATION
March 14, 2000
David Knapp
Town Manager
Town of Los Gatos
110 E. Main Street, P.O. Box 949
Los Gatos, CA 95031
OAR 16 2000
Re: El Gato Reimbursement
Dear Mr. Knapp,
I write in follow-up to my letter to you dated February 29, 2000, wherein I made an offer
to settle the El Gato reimbursement issue per the request of the Town Council. I had
hoped for the courtesy of a response by this time. If it would be helpful for us to meet in
person to resolve this matter, please let me know. I would be happy to arrange my
calendar to do that at the earliest possible date.
In any event, whether you have responded, or whether we have agreed on an amount, I
am formally requesting that this matter be re-agendized for the Town Council meeting on
March 28, 2000. I want to see this matter resolved as quickly as possible. I believe that
gives us enough time to either agree on an amount or to agree to disagree. In either
event, the matter will need to go back to the Council.
I look forward to hearing from you at your earliest convenience.
Sincerely,
SANTA CLARA COUNTY BAR ASSOCIATION
�t
Christine A. Burdick
Executive Director & General Counsel
Cc: Mayor Steven Blanton
Town Council Members
Regina Faulkner
Orry Korb
4 North Second Street, Suite 400
San Jose, California 95113
(408) 287-2557 Fax (408) 287-6083
Santa Clara County
BAR ASSOCIATION
February 29, 2000
David Knapp
Town Manager
Town of Los Gatos
110 E. Main Street, P.O. Box 949
Los Gatos, CA 95031
Re: El Gato Reimbursement
Dear Mr. Knapp:
MAR 0 2 Z000
Pursuant to the Town Council meeting of February 22, 2000, I am writing to extend our offer to
conclude the reimbursement issue regarding the direct costs of the mediation and arbitration in
the El Gato Penthouse case. In an effort to expedite this matter, I would respectfully request that
the issue be placed on the agenda for the Town Council meeting of March 14, 2000.
I suggest that we start from the premise that 25 petitions were resolved for a total mediation and
arbitration cost of $13, 300. The 1998/99 contract was based on mediations and arbitrations
lasting two to five hours, costing up to $450 per mediation and arbitration. That included two
free hours and then $150 per hour thereafter. In the El Gato case, consolidating the mediation
saved substantial time and money. If each petition had been mediated separately the cost might
have totaled $11, 250. Instead, to mediate each petition cost about $132 dollars. I suggest that
the mediation cost be equally shared by the SCCBA and Los Gatos for a total to Los Gatos of $1,
650.
As to the arbitration cost, again, the contractual starting point is $450 per case. The SCCBA is
willing to assume slightly more than half of the per case cost in the arbitration. I suggest that
Los Gatos reimburse us at a rate of $200 per case for a total of $5,000 for the arbitration cost.
Thus, on behalf of the Association, I am offering to settle this matter for a total of $6, 650.
I would appreciate hearing from you by the end of the week. Please feel free to contact me
directly by phone at 408-975-2121 or by e-mail at chrisb(a�sccba.com.
Sincerely,
rdick
Executive Director & General Counsel
COUNTY B SOCIATION
v
Cc Orry Korb, Los Gatos Town Attorney
Regina Faulkner, Los Gatos Community Services Director
4 North Second Street, Suite 400
San Jose, California 95113
(408) 287-2557 Fax (408)287-5083
Town Council Minutes April 3, 2000
Redevelopment Agency Los Gatos, California
SANTA CLARA BAR ASSOCIATION/REIMBURSEMENT/RENTAL DISPUTES (06.19)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council approve $5,000 reimbursement to
the Santa Clara County Bar Association for rental dispute resolution services and authorize a budget
increase of $5,000. Carried unanimously.
PARKS COMMISSION/AFFIRMING APPOINTMENT/KONRAD/HWANG (07.20)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council affirm Student Parks Commissioner
Appointment for Lisa Hwang and affirm Parks Commission Appointment for Richard Konrad. Carried
unanimously.
TREE CITY U.S.A./NATIONAL ARBOR DAY/STATE FORESTERS AWARD (08.28)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Town accept and file report designating the
Town of Los Gatos "Tree City U.S.A." Carried unanimously.
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS/RESOLUTION 2000-26 (09.28)
BENEFIT DISTRICT 1: BLACKWELL DRIVE/HILLBROOK/KENNEDY MEADOWS/SANTA
ROSA HEIGHTS/VASONA HEIGHTS AND BENEFIT DISTRICT 2: GEMINI COURT
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-26 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT ENGINEER
TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH STREETS &
HIGHWAYS CODE 22565 AND FOLLOWING REGARDING LANDSCAPING & LIGHTING
DISTRICT ASSESSMENT #1: BLACKWELL DRIVE BENEFIT ZONE - HILLBROOK
BENEFIT ZONE - KENNEDY MEADOWS BENEFIT ZONE - SANTA ROSA HEIGHTS
BENEFITS ZONE - VASONA HEIGHTS BENEFIT ZONE; AND LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT #2: GEMINI COURT BENEFIT ZONE OF THE
TOWN OF LOS GATOS. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR FISCAL YEAR 2000-2001
CONSIDER PROPOSALS FOR ALLOCATING CDBG FUNDS/RESOLUTION 2000-27 (10.19)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-27 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE TOWN OF LOS GATOS FOR
FISCAL YEAR 2000-2001. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Parking Issues:
Tom Boyce, 134 Wilder, Resident of Almond Grove, spoke of the meetings and cooperation among
residents, businesses and town in working out solutions to the downtown parking problems. Asked that
.im Ware be hired by the Town to offer expertise regarding downtown parking solutions. Staff will
work on this information and return to Council with report.
Ginger Rowe, 108 N. Santa Cruz Ave., representing downtown businesses, spoke of the cooperation
between residents and Parking Commission.
Sherri Lewis, Chamber of Commerce, spoke of consensus between the involved parties.
TC: D 1 1: MM040300
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