Loading...
2011011801 - Adopt a Resolution Rescinding Los Gatos Rent Advisory Commiteecoos COUNCIL AGENDA REPORT MEETING DATE: 1/18/11 ITEM NO: i DATE: January 4, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER �. SUBJECT: ADOPT A RESOLUTION RESCINDING RESOLUTIONS 1991 -24 AND 1991 -201, TO RETIRE THE TOWN OF LOS GATOS RENT ADVISORY COMMITTEE RECOMMENDATION Adopt a resolution (Attachment 1) rescinding Resolutions 1991 -24 and 1991 -201, to retire the Town of Los Gatos Rent Advisory Committee. BACKGROUND The Rent Advisory Committee (RAC) is advisory to Council on the Town's Rental Mediation Ordinance and Regulations; it is to regularly review these documents and to recommend changes needed to meet new conditions and to respond to the changing community environment. The RAC was established some 30 years ago, at the inception of the Town's Rental Dispute Resolution Program, which provides conciliation, mediation, and arbitration services for Los Gatos tenants and landlords when disputes arise regarding rent, housing services, or proposed evictions. It has a total of five members: two property owners, two renters, and one neutral member. Staff support is provided by the Community Services Department, with technical assistance through an annual contract with Project Sentinel, a nonprofit housing services agency. DISCUSSION When the RAC was established, it played a vital part in creating the goals and policies of the Rental Dispute Program. At that time, the field of rental dispute resolution was relatively new and there was little to no case law to guide municipalities. Now there are over three decades of case law with which municipal programs must comply, and which constitute the key components of any rental dispute resolution program, including Los Gatos's. PREPARED BY Regina F Communi ices Director Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator &rL Finance 6mmunity Development PAGE MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION RESCINDING RESOLUTIONS 1991 -24 AND 1991- 201, TO RETIRE THE TOWN OF LOS GATOS RENT ADVISORY COMMITTEE JANUARY 4, 2011 As a result, the work of the RAC has been steadily decreasing over the last several years, and it often meets only once each year or not at all. A standing commission or committee is not required legally or for a successful rental dispute resolution program; rather, the program would be run by staff in accordance with State law. Technical assistance would continue to be provided under an annual contract with Project Sentinel. If and when any issues arose that would require community input, an ad hoc Council subcommittee, or an ad hoe subcommittee of another standing Commission, could be appointed. Staff has contacted all three of the current RAC members (there are two empty seats) and discussed the recommendation to disband the RAC; all concur with the recommendation. RAC member Bill Kraus would like to work with staff regarding changes to the debt service language of the Rental Mediation Ordinance and Regulations, which staff will pursue. CONCLUSION: Staff recommends that Council adopt a resolution rescinding the two enabling resolutions, and thereby disbanding, the Rent Advisory Committee. The Town's Rental Dispute Resolution Program would be ran by staff in accordance with State law. Technical assistance would continue to be provided under an annual contract with Project Sentinel. If and When any issues arose that would require community input, an ad hoc Council subcommittee, or an ad hoc subcommittee of another standing Commission, could be appointed. ENVIRONMENTAL ASSESSMENT The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT Some minor savings in staff time would be realized by disbanding the RAC, based on time spent in drafting and posting agendas and minutes, and attending meetings. No change in program expenditures is anticipated. Attachments: 1) Draft Resolution of the Town Council of the Town of Los Gatos rescinding: a. Resolution 1991 -24, Resolution of the Town Council of the Town of Los Gatos Establishing the Town of Los Gatos Rent Advisory Committee (RAC) and Rescinding Resolutions 1985 -124 and 1980 -162; and PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION RESCINDING RESOLUTIONS 1991 -24 AND 1991- 201, TO RETIRE THE TOWN OF LOS GATOS RENT ADVISORY COMMITTEE JANUARY 4, 2011 b. Resolution 1991 -201, Resolution of the Town Council of the Town of Los Gatos Amending Resolution 1991 -24 Establishing the Town of Los Gatos Rent Advisory Committee (RAC). Distribution: Rent Advisory Committee Martin Eichner, Project Sentinel Joshua Howard, Executive Director, Tri County THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2011- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTIONS 1991 -24 AND 1991 -201, AND ALSO RETIRING THE RENT ADVISORY COMMITTEE (RAC) WHEREAS, the Town of Los Gatos Rent Advisory Committee has played a key role in establishing and overseeing the Town's Rental Dispute Resolution Program; and WHEREAS, as a result of the Rent Advisory Committee's efforts the Rental Dispute Resolution Program has been successful and self - sustaining for over 30 years; and WHEREAS, the Rent Advisory Committee has completed its mission to advise the Town Council on the Rental Dispute Resolution Program. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE that the following resolutions are hereby rescinded: 1) Resolution 1991 -24, Resolution of the Town Council of the Town of Los Gatos Establishing the Town of Los Gatos Rent Advisory Committee (RAC) and Rescinding Resolutions 1985 -124 and 1980 -162; and 2) Resolution 1991 -201, Resolution of the Town Council of the Town of Los Gatos Amending Resolution 1991 -24 Establishing the Town of Los Gatos Rent Advisory Committee (RAC). PASSED AND ADOPTED this day of January, 2011 by the following vote, to wit: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NACSDUCRPTSaesolutionsTAC m irement.dmx THIS PAGE INTENTIONALLY LEFT BLANK