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
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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
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