City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
It is recommended that the City Council not approve the creation of the Community
Mediation Board because it is not financially feasible at this time and alternative
mediation sources exist.
BACKGROUND:
The Landlord Tenant Mediation Board (“Board”) was established by the City Council
in 1981 to offer voluntary mediation services to the tenant-landlord community.
Those services were extended on May 20, 1987 by Chapter 32 of the Culver City
Municipal Code to provide mandatory “good faith” mediation to rental disputes
relating to residential rent increases in Culver City.
The purpose and objectives of the Board are: 1) to build and strengthen
communications between tenants and landlords; 2) to reduce tensions in the
residential rental housing market by providing a means for tenants and landlords to
resolve disputes related to rent increases; 3) and to educate the rental community
about tenant and landlord relationships and the rights and responsibilities of both
tenants and landlords.
Since its creation in 1981, the Board has scheduled five hundred fifty-nine (559)
mediation sessions.
The Board consists of nine (9) members who each serve three (3) year terms.
There are three (3) categories of membership. These categories include: three (3)
Meeting Date: 06/20/05 Item Number: A-2
AGENDA ITEM:
Discussion Regarding the Creation of the Community Mediation Board and
Possible Dissolution of the Landlord Tenant Mediation Board.
Contact Person/Dept.: Lillian Ikeda, CDD
Heather Iker, City Attorney
Phone Number: (310) 253-5780 and
(310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Landlord Tenant Mediation Board Members on June 1, 2005. Master Notification List
on June 15, 2005.
Department Approval:
Susan Evans 06/09/05
CAO Approval:
City Controller Approval:
Jim Lavery 6/15/05City of Culver City, California
City Council Agenda Item Report
Landlord Representatives; three (3) Tenant Representatives; and three (3) Member-
at-Large Representatives. There are also three (3) alternate positions, one in each
of the three (3) categories.
Tenant Representatives must be a resident of Culver City and have no financial
interest in residential income-producing property either in Culver City or elsewhere.
Landlord Representatives must own, manage, or have a residential income property
interest within the City and preferably be residents of Culver City. Member-at-Large
Representatives must be residents of the City who are neither a tenant, nor have
any ownership interest in any residential income-producing property in Culver City.
All Board Members receive thirty (30) hours of basic mediation training conducted by
the Los Angeles County Bar Association through Dispute Resolution Services. Staff
support for the Board is provided by the Community Development Department
Housing Division.
DISCUSSION:
At its July, 2003 quarterly meeting, the Board began discussion to expand their
scope of duties beyond mediating residential rent increases. To better understand
the types of complaints expressed by citizens, the Board asked the Housing Division
to tally the types of calls received (other than rent increases) during a three (3)
month period. A total of forty-one (41) calls were received. It was noted that the
type of calls received were for the following reasons: security deposit, rent control,
lease, eviction, repairs, noisy neighbors, and landlord issues.
From this information, the Board discussed the possibility of expanding the scope of
mediations to include neighbor-to-neighbor issues such as, barking dogs, view
mediation, noise from gardeners, fence heights and, consumer-to-business, etc.
The City Attorney has attended meetings with Board members to discuss these
proposals.
The Housing Administrator was invited to attend the Board’s July 2004 quarterly
meeting to discuss the expansion and how it would relate to the Board’s budget. It
was conveyed that the budget for the Board is funded from Redevelopment Agency
Housing Set-Aside Funds that is solely for the purpose of increasing, improving and
preserving affordable housing (Health and Safety Code Section 33334.2) and that
the function of the Board is to preserve affordable housing. With the proposed
expanded duties, the Board would no longer follow the Redevelopment Health &
Safety Code rules and regulations. If the Board were to expand their duties to
include the mediation of barking dogs, view mediation, and assist neighbor-to-
neighbor disputes and move away from the premise of Housing Set-Aside Funds, City of Culver City, California
City Council Agenda Item Report
their budget from the Housing Division would be drastically reduced. For example, if
the Board spent only five percent (5%) of their time on rent mediation then only five
percent (5%) of the present budget would be funded through Housing Set-Aside
Funds. At this time, the Board spends approximately $4,800 per year (stipends,
basic mediation training and conferences). Staff has notified the Board that
expansion of their duties would involve substantial increases in their budget. Their
budget would require additional office supplies, possible separate office space,
brochures, advertising, telephone, computers, printing, and staffing.
Additionally at this meeting, it was also expressed by the Housing Administrator that
the City already has Building & Safety, Code Enforcement, and a City Attorney’s
Office to address many of the issues they wish to mediate. In addition to the
services provided by the City, the Los Angeles City Attorney’s Office provides free
mediation services to Los Angeles County residents and the County of Los Angeles
provides mediation services through Dispute Resolution Services, as explained
below. The Board expressed that even though these entities exist, they can assist
with repetitive complaint calls received by Police, City Attorney and Code
Enforcement.
The Board has also investigated funding sources. The Board proposes to have a
part-time employee, who would be an intern, to provide intake assistance. The
Board believes this intern would work for school credit and would not receive
financial compensation. The Board also believes that they could obtain a mini grant
from the National Association for Community Mediation. With this, the Board feels
that there should be no need for an increase over the $4,800 currently budgeted.
Currently, when Culver City residents inquire about mediation services for situations
other than rent increases, they are referred by staff to Dispute Resolution Services.
Dispute Resolution Services (“DRS”) is a nonprofit corporation of the Los Angeles
County Bar Association established to promote and provide accessible and effective
conflict resolution services. DRS serves more than 25,000 people annually,
including the residents of Culver City, through the following six (6) programs:
(1) Community Mediation Services – This service offers residents of the
County and its various municipalities a speedy, inexpensive way to
resolve disputes through mediation and facilitation. A nominal
administrative processing fee of $50 is the only charge in most cases, with
a sliding scale fee for family and domestic partnership
disputes/agreements. For all cases, fees can be waived for those unable
to pay. Typical disputes can be landlord/tenant; condominium issues;
zoning/land use; environmental; consumer/merchant; employee/employer;
small claims; family divorce; neighbor-to-neighbor and domestic relations.City of Culver City, California
City Council Agenda Item Report
(2) Youth, Schools, and Family Mediation Services – This program serves
youths in school districts throughout Los Angeles County. It is designed to
reduce and prevent acts of frustration and violence among youth.
(3) Rainbow Mediations – This provides mediation and facilitation services to
the lesbian, gay, bisexual, and transgender communities of Southern
California.
(4) Attorney-Client Mediation & Arbitration Services – DRS offers the largest
attorney-client fee disputes program in California.
(5) Training and Consultant Services – This program provides skills training
courses and private consulting services in mediation, arbitration,
negotiation, and other conflict resolution and dispute prevention
techniques.
(6) Business and Consumer Services – This program identifies, develops,
and implements mediation services and training for the public and for
business.
Expansion of the scope of services provided by the Board is not recommended by
staff based on the aforementioned information which outlines that expansion is not
financially feasible under the City’s current budget as the use of Housing Set-Aside
Funds (which currently funds the Board) is restricted to “increasing and improving
affordable housing.” Additionally, various Culver City entities already exist, such as
the Police Department, Building Safety, Code Enforcement, City Attorney’s Office,
District Attorney’s Office as well as alternative mediation services available through
both the City and County of Los Angeles to address the types of issues the Board
wishes to mediate.
If the Council decides to create the Community Mediation Board, Council will need to
direct staff to develop guidelines for the new Community Mediation Board to define
the types of mediation which will be heard.
FISCAL ANALYSIS:
According to the Board, in a letter dated November 17, 2004 (Attachment 1), they
are projecting a budget of no more than $4,800, which is their current budget funded
through Housing Set-Aside Funds.City of Culver City, California
City Council Agenda Item Report
Staff estimates that the creation of the Community Mediation Board would include
the following start-up costs based upon a ten (10) member Board:
Item Description Estimated
Annual Cost
Part-time support
staff
Clerical assistance $12.085-$13.352/hr
(no benefits, 12 hrs. per week)
(on-going)
$7,541.04 to
$8,331.44
Desk space Provided by City, if available No Charge
Equipment Phone (one-time cost) 400.00
Computer (one-time cost) 1,210.00
Printer (one-time cost) 250.00
Utilities Provided by City No Charge
Printing Brochures (on-going) 2,000.00
Advertising Newspaper, etc. (on-going) 1,680.00
Mediation Training $595 per member (on-going) 5,950.00
Miscellaneous Office supplies, photocopies, business
cards, postage, etc. (on-going)
2,500.00
TOTAL $22,321.44
Council will need to direct staff to identify possible accounts where funds will be
provided if the creation of the Community Mediation Board is approved. A 4/5ths
majority vote will be required.
ATTACHMENT:
1) November 17, 2004 letter from Steve Reitzfeld, Chair, and Members of the
Landlord Tenant Mediation Board.
MOTION:
That the City Council:
1) Not approve the creation of the Community Mediation Board, or
2) Approve the creation of the Community Mediation Board, to be funded through
an account to be identified in the amount of $22,322; and provide staff with
guidelines for the services to be provided by the Community Mediation Board; or
3) Provide staff with further direction.
MEETING DATE June 20, 2005
AGENDA ITEM Discussion Regarding the Creation of the Community Mediation
Board and Possible Dissolution of the Landlord Tenant Mediation
Board
ATTACHMENTS
Pages
1 November 17, 2004 Letter from Steve Reitzfeld and Members
of the Landlord Tenant Mediation Board
1-23November 17, 2004
TO Steve Rose, Mayor of Culver City
Members of the Culver City City Council
CC Jerry Fulwood, Chief Administrative Officer
Susan Evans, Community Development Director
Carol Schwab, City Attorney
Tevis Barnes, Housing Programs Administrator
Lillian Ikeda, Housing Programs Supervisor
FROM Steve Reitzfeld, Chair, Landlord-Tenant Mediation Board
Members of the Landlord-Tenant Mediation Board
RE Creation of the Community Mediation Board
The Landlord-Tenant Mediation Board was established in 1987 as a means for
dealing with disputes over rent increases (See Attachment A — Ordinance) While
other cities in the L A area opted for rent control, Culver City believed that the
disputes could be handled through mediation The structure of the LTMB has
undergone few changes from the time of its inception and it has continued to
handle rent disputes between tenants and landlords
In 1987, members of the Board began to receive training conducted by the L A
County Bar Association, which is for all types of mediation and not just limited to
Landlord-Tenant mediation Many Board members also attend the Southern
California Mediation Association conferences to enhance their knowledge and
ability to conduct mediations The numbers of cases handled by the Board has
decreased - from a high of 20-30 to approximately one per year in the past 3
years At the present time the expertise of the 12 well-trained Board members is
not being adequately utilized
Since the inception of the LTMB in 1987, there has been a great increase in court
costs and backlogs in city and county judicial systems across the nation This
has necessitated cost and time saving strategies Chief among those strategies
was the development and streamlining of mediation Consequently, many cities
and counties throughout the United States have instituted mediation as a
prerequisite to going to trial This has saved these governmental units money,
time and given a beneficial service to the citizens in the process
1Currently, the Culver City Attorney's office receives numerous dispute calls and
must spend many hours dealing with cases that would be better resolved through
mediation In addition, the Culver City Police Department has indicated that it
also fields numerous calls that could be better resolved through mediation
These two departments need community mediation services available to them
However, the UT Board, as instituted, may only handle landlord-tenant rent
disputes
With a well-trained mediation board, a demonstrated need for broader mediation
services, a desire to serve the Culver City citizens and save much-needed city
finances, we therefore respectfully request that the City Council seriously
consider either
a) expanding the scope of the current Landlord/Tenant Board or
b) establishing a Community Mediation Board which would handle
disputes between residents and businesses within Culver City and
incorporate the UT disputes rendenng the current LTMB obsolete
(See Attachment B - Proposed Structure of Community Mediation
Board) [In order to continue to provide mediation services to landlords
and tenants, the existing Landlord-Tenant Mediation Board would
continue in its current form until the formation of the new Community
Mediation Board, at which time the LIMB members agree to resign en
masse]
When a new Board is established, although a new mechanism of funding would
have to be developed, there should be no need for an increase in the current
budget of $4,800 00
The mediators themselves are volunteers who are not paid for participating in
mediation The City Attorney's Office may need a part-time person to answer the
telephone and do intake As a suggested solution to a source of funding, it may
be possible to arrange for an extern from one of our local law schools (UCLA,
Loyola Marymount, West LA) to provide intake assistance for course credit We
could also seek additional funding from such organizations as the National
Association for Community Mediation which provides mini-grant support
The current LTMB Guidelines (See Attachment C - Organization and
Implementation Guidelines) would require revision to incorporate the provisions
of the new ordinance (See Attachment D - Proposed Case Intake and Mediation
Process)
Cities and communities throughout the United States have begun to provide
mediation services The National Association for Community Mediation
www nafcm orc provides examples in most states In California alone, there areat least 21 agencies which provide community mediation Some are organized to
provide dispute resolution services throughout a county such as the L A County
Bar Association, others are designed for specific mediation responsibilities such
as the Victim-Offender Reconciliation Programs (VORP) which can be found in
Santa Ana and Chico The City of Davis in Northern California has included a
Community Mediation Service as part of its Parks & Community Services
Residents can log on to the city website www city davis ca us, search for
mediation and be presented with information about the mediation program and
how it works It is certainly feasible that Culver City could move in that direction
as well
A concern has been raised about the liability insurance and how that is handled
The president of the Ventura Center for Dispute Settlement Board, Jim Lingl,
referred us to a company with which they are insured, Complete Equity Markets
www cemins corn Premiums vary and can be arranged through the Southern
California Mediation Association, an organization which some of our LTMB
members belong In addition, Deborah Thomas, Director of Operations for the
Dispute Resolution Services of the L A County Bar Association, indicated that
they carry liability insurance ($2 million) which covers all of their associated
community arbitrators/mediators vvww lacba orq (click on Volunteer
Opportunities then on Dispute Resolution Services)
As Chair of the Landlord-Tenant Mediation Board, I have already met with Mayor
Rose and City Attorney Schwab to discuss how such services could be set up
The questions of the dissolution of the Landlord-Tenant Mediation Board and the
creation of the Community Based Mediation Board have been thoroughly
discussed by the members of the Board, whose signatures are affixed below All
the Landlord-Tenant Mediation Board members understand that, if they wish to
serve on the new board, they would have to apply and their qualifications would
be considered along with any other resident of Culver City who applies
As members of the Landlord-Tenant Mediation Board, we stand ready to provide
service to Culver City and believe that our training can be used more effectively
We would like to request that the Council and the Chief Administrative Officer
agendize the Creation of the Community Mediation Board for discussion and for
possible implementation
Sincerely,
3eZ -
om Camarella, J D, Certified Mediator Date
Samantha Eisner, Attorney-at-Law Date
IAAk_ R
Robert M Pine, Attor-t-Law
_ -
z out/
Date
anita Patters° Wright, M A Dat
ertified Mediator
Judy Rappin
Kati VW:4
Date
N ov 240'
(A.CLA.
g ti is—oy
Steve Reitzfeld, Ch-1 , Professional Mediator Date
Mary Ellen Fernandez, Certified Mediator
Jahbt Hoult, Ed D, Professor Ementa, CSULA
Cgrtified Mediator
Date
1 1 Z-6b1
Dgte
Kenneth Rothschild Date
Lauren Werner-Hunter Date
Date Ricky V1 dom, Certified Mediator
14-r
ki\-aciliNteili
k
ORDINANCE NO 87-010
AN ORDINANCE OF THr CITY OF CULVER CIEY,
CALIFORNIA, ADDING CHAPTER 32 TO THE CULVER
CITY MUNICIPAL CODC ESTABLISHING THE CULVER
CITY LANDLORD-TENANT MEDIATION BOARD AND
PROVIDING FOR MANDATORY MEDIATION OF RENT
INCREASES FOR RESIDENTIAL RENTAL HOUSING
The City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows
SECTION I Chapter 32 of the Culver City Municipal Code
is hereby added to read
Section 32-1 Purpose and Objectives
The City Council finds and declares
(a) The formation of the Landlord-Tenant Mediation
Board builds and strengthens communication between landlords and
tenants, reduces tensions in the rental housing market, and
promotes the best interests of the City and
(b) Mediation sessions provided by the Landlord-
Tenant Mediation Board provide a confidential and privileged
forum for discussion and resolution of disputes relating to rent
increases and educate the parties about the landlord-tenant
relationship and
(c) There is a shortage of rental housing in the
City of Culver City resulting in a low vacancy factor and rising
rents
Section 32-2. Landlord-Tenant Mediation Board -
Creation
There shall be a Culver City Landlord-Tenant mediation
Board which shall have the power and responsibility to provide
mediation services regarding claims rent increases are excessive 5
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unjustified in acLordance with regulations adopLed by the City
Council, by Resolution, governing the duties of the Board, the
qualifications and appointment of its members and other matters
as are set forth in the "Organization and Implementation
Guidelines Culver City Landlord-Tenant Mediation Board" now in
effect or hereinafter amended
Section 32-3. Matters Subject to Mediation.
(a) Any claim a rent increase is excessive or
unjustified is subject to mediation in accordance with this
chapter, except as provided in this section
(b) Mandatory mediation as provided in section
32-4 shall not be applicable to a rent increase for a single-
family home or condominium unit used as a rental unit, to
property containing less than two rental units, or to property
governed by a written lease which contains a provision
authorizing a rent increase at a rate previously established by
the terms of the written lease
Section 32-4. Mediation of Rent Increases.
(a) If, within fifteen (15) days of the receipt
of a notice of an increase in rent, a request for mediation is
filed by a tenant of a dwelling unit subject to the rent
Increase, a mediation session shall be set prior to the effective
date of such rent increase
(b) No rent increase shall be invalid or otherwise
questioned for failure to reach agreement regarding the increase
at a mediation session
(c) The provisions of this section shall not apply
to any rent increase established by a written lease.
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Section 32-5 Failure to Participate in the Mediation
Process
No rent increase subject to mediation pursuant to
Section 32-4 shall be effective unless or until the landlord or
the landlord's duly authorized agent meets in good faith with the
tenant requesting mediation at such spssion Failure to pay any
increase in rent imposed in violation of the provisions of this
section shall not be grounds for any unlawful detainer action,
and if such action is instituted, the tenant may assert this
section in defense thereto
Section 32-6 Obligation to Continue to Pay Rent
Nothing set forth in this section shall relieve a tenant
of the obligation to pay the rent in effect prior to the receipt
of Lhe notice of any increase, whether or not the landlord meets
with the tenant at the mediation session
Section 32-7. Retaliatory Acts
Use of the rent mediation process is hereby declared to
be a protected right pursuant to subsection (c) of Section 1942 5
of the Civil Code of the State of California, as amended Any
waiver by a tenant of his rights under this Chapter shall be void
as contrary to public policy
Section 32-8 Landlords' Rights
Except for the requirement for a landlord to participate
in good faith mediation, nothing in this chapter shall be
construed as limiting in any way the exercise of landlord's
rights under any lease or agreement or any law pertaining to the
hiring ot properLy oi the landlord's right. to do any of the acts
desLribed in Section 1942 5 of Lhe ClvIl (ode for any lawfulc.luse
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7Section 32-9 Voluntary Mediation and Binding
Arbitration
(a) If a request for mediation is filed by a
tenant of a dwelling unit subject to a rent increase at any time
after the fifteenLh day after receipt of notice of the increase,
a mediation session shall be held if both parties to the dispute,
or their authorized representatives, voluntarily agree to be
present and participaLe in the mediation process
(b) If all parties agree to arbitration in lieu
of, or in addition to, mediation, an arbitrator agreeable to all
parties may be chosen from the members of the Board The award of
the arbitrator shall be final and binding on the parties as to
the issue or issues presented for arbitration The arbitraLion
hearing shall not be open to the public Such arbitration shall
be conclusive evidence the landlord has met the obligations of
good faith mediation established by this Chapter
Section 32-10 Consolidated Hearing
(a) Whenever more than one request for mediation
has been filed with respect to rental units which are under
common ownership or management, such requests may be consolidated
for mediation at the mediators discretion
(b) Iwo or more persons may join in a request for
mediation whenever the dispute relates to all of the parties
named
-4- 87-0101987
criAJ
PAO A NETZt,L,
MA/DR
City of Culver City, California
APPROVED AS TO FORM
ATTEST
SECTION 2 Severability
If any provision, clause, sentence or paragraph of this
Chapter or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions of this Chapter which can be given effect without the
invalid provision or application, and to this end, the provisions
of this Chapter shall be declared to be severable
SECTION 3 This Ordinance shall take effect thirty
(30) days from the date of its adoption and prior to the
expiration of fifteen (15) days from the adoption hereof the City
Clerk shall cause this Ordinance to be published in the Culver
City News.
APPROVED and ADOPTED this 20th
day of April
PLI
t 0
INE C. DOLCE k, City Clerk
ORD/3/landlord/tenant
SE5B W PANNONE
ity Attorney
Published in the Culver City News on April 25th and 30th, 1987
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RESOLUTION NO 87-P
A RESOLUTION OF THC ciry COUNCIL OF THE CIL/ OF
CULVER CITY, CALIFORNIA, ADOPTING ORGANIZATION
AND IMPLEMENTATION GUIDELINES FOP THE CULVER
CITY LANDLORD-TENANT MEDIATION BOARD AND
RESCINDING RESOLUrIONS NO CS-8062, CS-8096, CS-
8146, CS-8367, AND 84-R040|1010|WHEREAS, the City Council by Resolution numbers CS-8062,
CS-8096/ CS-8146, CS-8367 and 84-R040 has created the Culver City
Landlord-Tenant Mediation Board and has established organization
and implementation guidelines to govern and regulate said Board|10101010 10
10|and
WHERCAS, on February 23, 1987, the City Council received
a report and recommendation from th e Culver City Landlord-Tenant
Mediation Board to require mandatory good faith mediation of
residential rent increase disputes in addition to (or supplement)
the voluntary mediation service s offered by the Board end
WHEREAS, the City Council intends to reduc e tensions In
the rental housing mar-et by requiring an ocner of a residential
rental unit to meet r.ith the tenant and objective mealators in a
good faith effort to resolv e a Lent increase dispute prior to
increasing the rent for the unit
NOU THEREFORC, the City Council of the City of Culver
City, California DOES HEREBY PCSOLVE as follows|109| Resolution numbers CS-8062, CS-8096, CS-8146, CS-
8367, and 84-R040 are hereby rescinded
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City Landlord—Tenant Mediation Board" attached hereto and
incorporated by reference herein are hereby adopted to implement
Chapter 32 of the Culver City Municipal Code
APPROVED and ADOPTED this day of 1987
RICHARD R. BRUNDO, Mayor
City of Culver City, California
ATTEST APPROVED AS TO FORM
-in
PAULINE C DOLCE, City Cl=trk tIASEP W PANNONE
t-City4ttorney
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il|1010|RESOLUTION NO 92-R
080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, AMENDING RESOLUTION
NO 87-R043, AMENDING PARAGRAPHS 12 AND 17 OF
THE ORGANIZATION AND IMPLEMENTATION
GUIDELINES FOR THE CULVER CITY LANDLORD-TENANT
MEDIATION BOARD
WHEREAS, the City Council by Resolution numbers CS-8062,
CS-8096, CS-8146, CS-8367, 84-R040 and 87 R043, has created the Culver City
Landlord-Tenant Mediation Board and has established organization and
implementation guidelines to govern and regulate said Board, and
WHEREAS, on July 13, 1992, the City Council received the annual
report from the Culver City Landlord-Tenant Mediation Board, and
WHEREAS, the City Council has determined that the current
Guidelines which require monthly meetings may require the Board to meet when
no matters are to be presented for mediation, and the requirement of monthly
meetings should be relaxed
NOW THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows
1 The Organization and Implementation Guidelines for the Culver
City Landlord-Tenant Mediation Board, as adopted by Resolution No 87-R043, is
hereby amended as follows
a "Paragraph 12- Absences of Board Members
The name of any member who within any one-year period has
more than one absence of a regularly schedule meeting, excused or
unexcused shall be referred to the City Council for consideration of
removal
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H4 NORMAN Y 7 RRING, City Aftbrney
b 'Paragraph (17) Meetings
General Meetings The Board shall meet at least four times per
year during the months of January, April, July and October, within
the City of Culver City at a time and place to be decided by the
Board The Board shall also be subject to the call of the chairman as
necessary to accomplish the objectives of the Board
APPROVED and ADOPTED this 21st day
ofSeptember 1992|1010|ci,,, 6 ) )1, /
DR JAMES BdULGARI9ES, MOOR
City of Culver City, California
APPROVED AS TO FORM
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IAttachment B
Proposed Structure of Community Mediation Board
1 The Community Mediation Board (CMB) will replace the Landlord-Tenant
Mediation Board
2 The CMB will mediate cases which come from the residents and
businesses within Culver City (i e noise, pets, property maintenance,
common area disputes, parking space problems, renters/homeowners
conflicts, safety and environmental concerns, landlord-tenant disputes,
consumer-merchant, workplace-related, schools, family/domestic)
3 There will be 12 members of the Board In order to provide for continuity,
the initial appointments will be as follows 4 members for 3 years, 4
members for 2 years, and 4 members for 1 year
4 Board members must be residents of Culver City and will be appointed by
the Culver City City Council
5 Funding and staff support for the Community Mediation Board will come
from the City Attorney's Office
6 The Board will meet on a quarterly basis
The above list will be incorporated into the Organization and Implementation
Guidelines for the Culver City Community Mediation Board
1 Ifis,4 AckitYveA C
ORGANIZATION AND IMPLEMENTATION GUIDELINES
CULVER CITY LANDLORD-TENANT MEDIATION BOARD
A BOARD ORGANIZATION
(1) Name of the Board
The name of the Board shall be "The Culver City Landlord-Tenant Mediation Board"
(2) Objectives of the Board
The objectives of the Board shall be as follows
(a) To reduce tensions in the rental housing market by requiring the parties
involved in a rent increase dispute to participate in a good faith mediation
session with objective conciliators/arbitrators The sessions will facilitate a
means of resolution of disputes between tenants and landlords of residential
rental properties related to rent raises, through the process of mediation In
addition, the opportunity for voluntary arbitration will be provided
(b) To educate the parties about the landlord and tenant relationship and the rights
and responsibilities of both parties
(c) To submit an annual report on/by May 31 of each year to the Council
recounting the Board's ability and success in meeting with its objectives
(3) Sponsorship and Authority
To establish the credibility of the Board within Culver City, and to differentiate this
Board from other rental housing activities taking place elsewhere in the Los Angeles
area, the Culver City Mediation Board shall be authorized to represent itself as an
entity sponsored by the City of Culver City
(4) Confidentiality
(a) In submitting a dispute to mediation all parties shall acknowledge that the
proceedings of the mediation shall be privileged and confidential and any
admission or concession made by any party shall not prejudice the positions of
any party or be introduced as evidence in any litigation or proceedings in
accordance with California Evidence Code Section 1152 5
(b) In submitting a dispute to arbitration, all parties shall acknowledge that the
proceedings shall be privileged and confidential The arbitration shall be
conducted in accordance with the provisions of the California Arbitration Law,
Section 1280-1294 Code of Civil Procedure The award of the arbitrator(s)
shall be final and binding on the parties as to the issue or issues presented for
arbitration
t 5-(c) Except as is necessary to enforce, affirm, modify or vacate an award in
arbitration, all matters connected with conciliation efforts under this resolution
are pnvileged and confidential and shall not be examined or inspected, except
by a party to the arbitration or conciliation, and shall not be offered or accepted
into evidence in any later arbitration, litigation or judicial proceeding
(d) In order to preserve the confidentiality of the mediation process and/or
arbitration process, the identity of the parties to a dispute shall be confidential,
except insofar as disclosure of the parties' identity may be necessary in
furtherance of the provisions of Chapter 32 of the Culver City Municipal Code
(e) No person shall make an electronic, photographic or stenographic recording of
the whole or any part of any mediation or arbitration session unless permission
is given by all participating parties
(5)
Report of the Board
The Board shall make an annual report to be submitted to the City Council,
concerning its activities to further establish Board objectives
(6) Composition of the Board
The Board shall consist of 9 members as follows
3 - tenant representatives
3 - landlord representatives
3 - member-at-large representatives
(7) Alternates
Alternate members of the Board shall sit only on a mediation panel and then only
when it is otherwise impossible to convene a mediation panel because of unavailability
of a regular member, or lithe Chairman determines that all available panels are
engaged and that the case load justifies use of an extra panel
(8)
Selection of Board Members
Due to the dispersion of rental properties in Culver City, it shall not be necessary to
have representation based on geographical or neighborhood areas "Landlord" and
"tenant" representatives, however, shall preferably include one owner and one tenant
representative from buildings or complexes of less than 10 units, one owner and one
tenant representative from buildings or complexes compnsed of from 10 to 30 units,
one owner and one tenant from buildings or complexes of 31 or more units within the
City of Culver City
lip
2In selecting Board members from the owner/manager/real estate professional
category, preference for membership shall be given to owners of residential rental
properties located within the City of Culver City
All Board members shall be selected by the City Council without regard to race,
creed, color, religion, national origin, sex, income, age, handicap, or marital status
Individuals wishing to volunteer to serve as mediation board members shall complete
and submit an application
All eligible applicants names shall be subnutted to the City Council for consideration
Prior to appointment by the City Council, all applicants shall be given an opportunity
to address the City Council at a regular City Council meeting(s)
(9)
Qualification of Board Members
All tenant members shall be tenants of residential rental property within the City of
Culver City, and neither the applicant nor the applicant's spouse or dependents shall
have any financial interest in residential income-producing property either in Culver
City or elsewhere
All landlord representatives shall either own, manage or have a residential mcome
property mterest within the City of Culver City, and shall preferably be residents of
the City of Culver City
"Members-at-large" members shall neither be tenants nor shall they own or have an
ownership mterest m any residential income-producmg property in Culver City
Furthermore, preferably, neither "member-at-large" applicants or their spouse or
dependents shall have any direct business or financial relationship with either
landlords, property managers or real estate professionals within the City of Culver
City or elsewhere "Member-at-large" applicants shall be residents of the City of
Culver City
(10) Disclosure and Disqualification
If a Board member is a party in a case before the Board, the other party at the outset
shall be so advised and further advised that the Board member will not participate in
any way as a Board member in any matter relating to the case
(11) Terms of Board Members
Board members shall serve terms of three years
All members and alternates shall serve at the pleasure of the City Council
3(12) Absences of Board Members
The name of any member who within any one-year period has more than one absence
of a regularly scheduled meeting, excused or unexcused, shall be referred to the City
Council for consideration of removal
(13) Appointments to Fill Vacancies
If a Board vacancy occurs, the alternate member who has the qualifications for the
vacated category shall be appointed If a vacancy occurs in the Alternate Member-
ship, the Council shall appoint a qualified replacement
(14) Designation of Officers
The Board shall elect its own officers consisting of a Chairman and Vice Chairman,
and Council Liaison The Chairman shall appoint a publicity Chair
The Chairman and Vice Chairman of the Board shall be elected annually by a majority
vote and shall serve at the pleasure of the Board
(15) Duties of the Officers
The duties of the Board Chairman shall consist of presiding over all general Board
meetings, review an approved annual report of the Board activities as prepared by
staff and submitted to the City Council, and, in general, to supervise the affairs and
activities of the Board
The Vice Chairman shall perform the duties of the Chairman when that person is
absent and/or if the Chairman is unable to complete his or her term as Chairman for
any reason
(16) Compensation of Board Members
The Board members shall be compensated at the rate established by City Council
resolution
(17) Meetings
(a) General Meetings The Board shall meet at least four times per year during the
months of January, April, July and October, within the City of Culver City, at a
time and place to be decided by the Board The Board shall also be subject to
the call of the Chairman as necessary to accomplish the objectives of the Board
All regular Board meetings shall be open to the public and duly noticed at least
five working days prior to the meeting|1010| 18A majority of the Board members, to include at least one representative from
each membership category, shall constitute a quorum for the transaction of
general business
At these meetings, the Board shall report on all mediation sessions conducted
and business transacted at special meetings, if appropnate, since the last regular
Board meeting In addition to general business transactions of the Board,
minutes issued following regular Board meetings shall note, regarding all
mediated disputes, the case number of the dispute, the nature of the dispute,
resolution and Board recommendation, if any
(b) Special Board Meetings Special Board Meetings may be called as necessary
with at least five working days' notice given in advance of a special meeting
At Special Board Meetings, a majority of the Board members, to include at
least one representative from each category, shall constitute a quorum for the
transaction of general business
B STAFF SUPPORT
The City shall provide a staff member to act as liaison who shall
(1) work under the general supervision of the City Housing Administrator and shall
be located m the Housing office,
(2) respond to initial calls from landlords or tenants requesting information and
referral or for a mediation hearing appointment and conciliate and encourage
communication between a landlord and tenant, but shall not mediate,
(3)
complete intake data re a landlord/tenant rent raise dispute and to verify such
information with the assistance of other City staff members,
(4) coordinate mediation hearing appointments with the Board Chairman,
(5)
take minutes, and coordinate with the Chairman the preparation and
dissemination of required reports,
(6) perform follow-up activity deemed necessary by the Board, and maintain a
reference file on agencies, services and other groups for use in the mediation
process and for referral for residents not wishing to initiate mediation,
(7)
report to the Board at their regular meetings all calls involving requests for
information and referral as well as cases in progress and follow-up activities
performed by the staff liaison, and
(8)
verify information submitted by candidates for positions on the Board|1010|(9C CONCILIATION PROCESS POLICIES AND PROCEDURES
(1) Landlords and/or tenants may contact the staff for basic information and referral
regarding landlord/tenant rights and responsibilities The Board, however, shall
provide conciliation and arbitration services only regarding rent raises and
matters relating to same
(2) Following receipt of a Complaint Form regarding a rent raise related dispute,
the Mediation Board staff shall determine if it was filed within fifteen (15) days
of receipt of a notice of rent increase and, if so, shall schedule a mandatory
mediation session at a time pnor to the effective date of the rent increase
(3)
Following receipt of a Complaint Form regarding a rent raise related dispute
which was filed after the 15th day of receipt of a notice of rent increase, staff
shall contact the charged party, either by telephone or in writing, of the nature
of the complaint and to provide the other party an opportunity to voluntarily
settle the dispute with the assistance of the mediation process If the party
wishes to participate, the staff liaison shall schedule a mediation session before
a panel at the earliest convenience of all parties Both parties to the dispute,
and/or their authorized representatives who have the power to act on behalf of
a party to the dispute, must voluntarily agree to be present and participate in the
mediation process
D MEDIATION/CONCILIATION
(1) As used herein the terms "mediation" and "conciliation" shall mean that process
whereby a person or persons not a party to the dispute attempt to assist the
parties to the dispute through proposals or arguments to come to a voluntary
agreement A mediator or conciliator does not render a decision
(2) Mediation/Conciliation sessions shall be closed to the public and shall take
place at a location, date, and time convenient to all parties to the dispute
(3) Mediation/Conciliation shall be conducted in a session attended by all parties to
the dispute, provided that if any party declines to so meet, the mediation/
conciliation may be conducted in separate sessions
(4) A Mediation/Conciliation panel in each case shall consist of one "landlord," one
"tenant" and one "member-at-large" representative, provided however, that
when unusual circumstances exist which prevent the assembly of a three-
member panel, a panel of two or a single member may mediate, provided
further, that in such unusual circumstances, a panel of less than three may
mediate if
6(a) The parties in the dispute consent in writing to the waiver of a three-
member board and agree to mediation by a board of less than three
members, and
(b) If a panel of two members cannot be convened, a single mediator may be
utilized, provided however, that such a mediator shall be selected from
the member-at-large representatives
(5) If mediation/conciliation leads to an agreement between the parties, such
agreement shall be reduced to writing and signed by the parties and the
member(s) of the panel If mediation/conciliation reaches an impasse, the panel
shall advise the parties of the availability of arbitration or give the parties other
information that the majority of the panel considers appropriate
E ARBITRATION
(1) As used herein, the term "arbitration" shall mean that process whereby the
parties to a dispute agree to submit issues to a panel which will hear and
adjudicate the matter and which shall render a written decision which shall be
binding upon all parties to the dispute
(2) At the time the parties are asked to agree to voluntary mediation, they shall be
afforded the opportunity of agreeing to voluntary binding arbitration as an
alternative
(3) If a mediation session reaches an impasse, the parties will be given the
opportunity of agreeing to voluntary binding arbitration before a new panel
(4) Both parties to the dispute and/or their authorized representatives who have the
power to act on behalf of a party to the dispute, must voluntarily agree to be
present and participate in the arbitration process Should either party decline to
participate or to send an authorized representative to participate on his or her
behalf, other options shall be made available to the ongmal complainant to
include, but not be limited to referral to other agencies or services Such
information and/or referral shall not include the rendering of legal advice and
shall not be considered as such
(5)
An arbitration panel in each case shall consist of one "landlord," one "tenant"
and one "member-at-large" representative When unusual circumstances exist
preventing the assembly of a three-member panel, a single "member-at-large"
representative may arbitrate with the written consent of all parties
7F OTHER POWERS OF THE BOARD
(1) Procedures
The Board shall have the power to establish procedures for implementing its
responsibilities under these guidelines including without limitation
a Procedures for assignment of members to mediation and arbitration
panels and assignment of cases to the several panels,
b Procedures for rotation of assignment of cases to panels,
Procedures for replacement of members who are for any reason
disqualified to serve on a panel,
d Procedures for conduct of the Board meetings, e g, adoption of Robert's
Rules of Order Newly Revised
(2) If a complaint is filed which presents a question as to whether a rent raise issue
is presented, the matter shall be presented to the Board for its determination
NILIXJUIDL R 5/96
8Attachment D
Proposed Case Intake and Mediation Process
1 The City Attorney's Office will be responsible for intake to their office and
referrals from the Culver City Police Department
2 If needed, CMB members will volunteer to assist with intakes and material
preparation
3 The City Attorney's Office will forward appropriate cases (business and
residential) to the designated CMB member (CMB Chair or Liaison to the
City Attorney's Office)
4 The City Attorney's Office will provide a case folder to the CMB member
including an overview of the case, the ordinance which applies to the case
and all the appropriate forms for mediation (confidentiality,
agreement/non-agreement, etc )
5 An Ad Hoc Committee of the CMB will meet to assign mediators to the
cases The number of mediators will depend on the type of case
6 The mediators will contact the participants in the mediation and notify the
City Attorney's office if the mediation will take place and the times the
participants are available
7 The City Attorney's Office will arrange for the location of the mediation
8 Mediations will be scheduled for at least 3 hours in length
9 Each CMB member who mediates a case will be responsible for writing up
the findings and settlement and returning the paperwork to the City
Attorney's Office
The above list will be incorporated into the Organization and Implementation
Guidelines for the Culver City Community Mediation Board
2 3