City of Culver City, California
Agenda Item Report
Meeting Date: 05/11/2015 Item Number: C-20
CITY COUNCIL AGENDA ITEM: (1) Consideration of a Recommendation from the
Landlord Tenant Mediation Board to Approve their Proposed Bylaws; and (2)
Adoption of a Related Resolution.
Contact Person/Dept.:
Martin Cole/City Clerk;
Heather Baker/City Attorney;
Phone Number:
310-253-6000
310-253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: LTMB (04/29/15)
Public Notification: (E-Mail) Meetings and Agendas – City Council, and Landlord Tenant
Mediation Board (05/06/14)
Department Approval:
Martin Cole (05/06/15)
Carol Schwab (by H. Baker) (05/06/15)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/06/15)
Chief Financial Officer Approval:
Jeff Muir (05/06/15)
City Manager Approval:
John M. Nachbar (05/06/15)
RECOMMENDATION:
Staff recommends the City Council (1) consider a recommendation from the
Landlord Tenant Mediation Board (LTMB) to adopt their proposed bylaws; and (2)
adopt a related Resolution (Attachment 1).
BACKGROUND:
Pursuant to City Council direction, the LTMB began its review of its existing
Organization and Implementation Guidelines (the “Guidelines”) (Attachment 2) in
March of 2014, to update the nearly 30-year old document. The attached proposed
bylaws of the LTMB (the “Proposed Bylaws”) (Exhibit A to Attachment 1) are the
product of a comprehensive review of the Guidelines. The review was conducted by
the LTMB, the designated Guidelines Update Subcommittee, consisting of Vice-
Chair Kyle Jones, Member Olga Vaysberg and Member Kenneth Rothschild (the
“Guidelines Subcommittee”), the City Attorney’s Office (by Assistant City Attorney
Heather Baker), the City Manager’s Office (by Assistant City Manager/City Clerk
Martin Cole) and Housing Administrator Tevis Barnes. At its meeting of April 29,
2015, the LTMB unanimously recommended the City Council approve the proposed
LTMB Bylaws.
DISCUSSION: City of Culver City, California
Agenda Item Report
A summary of the key changes to the existing Guidelines are set forth below (if
approved, the Proposed Bylaws would replace and supercede the existing
Guidelines):
1. Change title of each Board Member from “Representative” to “Member.”
2. Non-disclosure of “landlord” or “tenant” designation at mediations.
3. Convert “Alternate” Member Positions to full Board Member Positions.
4. Board will consist of 12 Members, with four from each category.
5. Authority for Board to designate a Community Outreach Coordinator and Council
Liaison on an as-needed basis.
6. Four-year terms, with no term limits.
7. Eliminate distinction of landlord and tenant representatives based on the number
of units in a building/complex.
8. Eliminate restriction on tenant representatives from having a financial interest in
residential income-producing property outside of Culver City.
9. Eliminate preference that members-at-large do not have any direct business or
financial relationship with real estate professionals, and with landlords or property
managers outside of Culver City.
10. Include, when possible, one Board Member on a mediation panel that has
conducted prior mediations.
11. Clarify primary role of Board Members is to carry out objectives of the Board.
12. Emphasize neutral role as an essential principle to mediation and its importance
in the mediation process.
13. Emphasize confidentiality of mediation sessions and recourse if a Board Member
violates said confidentiality.
14. Mediation agreements reached by the parties to be attested to by the mediation
panel.
15. Addition of requirement that Board Members sign a declaration acknowledging
commitment to maintain neutrality and confidentiality.
16. Eliminate arbitration services.
17. Allow for voluntary mediation of rent increases for condominiums, townhomes,
mobile homes and single-family homes.
18. Elimination of the mandatory requirement for the Board to submit an annual
report to the City Council. This does not preclude the Board from submitting a
report to the Council at any time. (The requirement for the Board reporting at its
regular meetings remains.)
19. Clarification that Board reports are subject to the confidentiality requirements of
the CCMC and the Bylaws.
20. Interpretations of whether a matter constitutes a “rent increase,” to be determined
by the Staff Liaison in consultation with the City Attorney’s Office and, when
needed, the City Manager’s Office. This change was made to maintain
compliance with the Brown Act.
21. Memorialize grounds for disclosure and disqualification relating to mediation
panels.
22. Memorialize training requirement. City of Culver City, California
Agenda Item Report
23. Modify policy regarding the number of absences triggering a referral of a Board
Member to City Council to two unexcused absences.
In addition, there has been significant reorganization of sections, headings and
groupings of provisions; and language changes or additions for consistency with the
bylaws of other Commissions and Committees, particularly in the Board
Organization and Meetings sections.
Staff would like to acknowledge and thank the Board Members for their hard work
and thoughtful contributions on this significant project!
FISCAL ANALYSIS:
There is no fiscal impact associated with the adoption of the proposed LTMB
Bylaws.
ATTACHMENTS:
1. Proposed Resolution (including Exhibit A – LTMB Bylaws); and
2. Existing Organization and Implementation Guidelines of the Landlord Tenant
Mediation Board.
MOTION:
That the City Council:
1. Consider the recommendation of the Landlord Tenant Mediation Board; and
2. Adopt a Resolution approving the Landlord Tenant Mediation Board Bylaws.
MEETING DATE: 05/11/15
AGENDA ITEM: (1) Consideration of a Recommendation from the
Landlord Tenant Mediation Board to Approve their
Proposed Bylaws; and (2) Adoption of a Related
Resolution.
ATTACHMENTS
Pages
1. Proposed Resolution (including Exhibit A – LTMB
Bylaws) 1 - 11
2. Guidelines 12 – 19
1
BYLAWS OF THE
CULVER CITY LANDLORD-TENANT MEDIATION BOARD
I. PURPOSE AND OBJECTIVES
As set forth in Culver City Municipal Code (CCMC) Section 15.09.005,
the purpose and objectives of the Landlord-Tenant Mediation Board (the
“Board”), are 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 and neutral mediators. The
sessions will serve to facilitate a means of resolution of disputes
between tenants and landlords of residential rental properties related to
rent increases, through the process of mediation.
B. To build and strengthen communications between landlords and tenants
and educate the parties about the landlord and tenant relationship and
the rights and responsibilities of both parties.
II. BOARD ORGANIZATION
A. Composition
The Board shall consist of 12 members appointed by the City Council as
follows:
? Four Tenant Members
? Four Landlord Members
? Four Members-at-Large
B. Qualification and Selection of Board Members
1. Tenant Members shall be tenants of residential rental property
located 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 in Culver City.
2. Landlord Members shall own, manage or have a residential income
property interest(s) within the City of Culver City, and shall preferably
be residents of the City of Culver City.
3. Members-at-Large shall be residents of the City of Culver City.
Members-at-Large shall neither be tenants within the City of Culver 2
City, nor shall they own or have an ownership interest in any
residential income-producing property in the City of Culver City.
Furthermore, preferably, neither Members-at-Large nor their spouse
or dependents shall have any direct business or financial relationship
with either landlords or property managers within the City of Culver
City.
4. All Board Members shall be selected by the City Council without
regard to race, creed, color, religion, ancestry, national origin, sex,
sexual orientation, gender, gender identity, gender expression, income, age,
disability, medical condition, genetic information, and marital status.
5. Upon appointment to the Board, each Member shall be required to
sign a declaration acknowledging his or her commitment to maintain
neutrality and impartiality in his or her role on the Board, to conduct
mediations in a neutral and an impartial manner, and to maintain the
confidentiality of all mediations.
C. Terms of Office
1. Board Members shall serve a term of four years with no term limits.
2. All Board Members shall serve at the pleasure of the City Council and
may be removed at any time, and without cause, by a majority vote of
the City Council.
D. Absence of Board Members
The name of any Board Member who within any twelve month period
has more than two unexcused absences from regular meetings of the
Board, shall be referred to the City Council for consideration of removal.
The Board shall determine whether a Board Member’s absence is
excused or unexcused.
E. Appointments to Fill Vacancies
If a vacancy occurs, the City Council may, but shall not be required to,
appoint a qualified replacement. Such qualified replacement shall serve
for the unexpired term for that seat. Upon expiration of such unexpired
term, the incumbent may apply for re-appointment by the City Council.
F. Compensation
Board Members shall receive compensation, if any, at the rate established
by City Council resolution.
3
G. Mediation Training
Board Members must complete mandatory mediation training within 60
days of appointment. Board Members shall coordinate such training
through the Staff Liaison.
III. OFFICERS
A. Designation of Officers
At each meeting in July, the Board shall elect its officers consisting of a
Chair and Vice-Chair, both of whom shall serve at the pleasure of the
Board.
B. Duties of the Officers
1. The Chair shall preside at all Board meetings.
2. The Vice-Chair shall perform the duties of the Chair in his or her
absence.
IV. MEETINGS
A. Regular Meetings
The Board shall meet on a quarterly basis on the last Wednesday of the
months of January, April, July and October at a time and place to be
decided by the Board. Regular meetings may be rescheduled by the Staff
Liaison when necessary. Regular meetings may be cancelled by the
Chair, in consultation with the Staff Liaison.
B. Special Meetings
Special meetings may be called at any time by the Chair or a quorum of
the Board.
C. Brown Act
All meetings shall be called, noticed, held, and conducted in accordance
with the provisions of the Ralph M. Brown Act (commencing with 4
California Government Code Section 54950).
D. Quorum and Voting
A majority of the seated Board Members shall constitute a quorum. Each
Board Member shall be entitled to one vote. Approval of any matter
requires an affirmative vote from the majority of the Board Members
present and voting. Abstention is not considered voting.
E. Conduct of Meetings
The latest edition of Robert's Rules of Order shall constitute the
parliamentary guidelines for transaction of the Board's business. Where
there is a conflict between Robert's Rules of Order and these Bylaws, the
Bylaws shall have precedence. Failure to strictly follow Robert's Rules of
Order shall not invalidate any action of the Board.
F. Placing Items on an Agenda
Consensus among a majority of the Board Members present and voting
must exist in order to place an item on a future agenda for discussion or to
request research by staff.
G. Board Report
At the Regular Meetings, the Board shall report on all mediation
sessions conducted and business transacted at special meetings, if any
such Special Meetings were held, since the last Regular Meeting.
Subject to the confidentiality requirements of CCMC Chapter 15.09 and
these Bylaws, in reporting on mediation sessions, the Board Members
who participated in mediation panels may provide general comments
regarding the mediations held (i.e. statistical information, successful and
unsuccessful techniques used, etc.), but shall not disclose any of the
substantive details of the confidential mediation sessions.
V. DUTIES
A. Role
A Board Member’s primary role is to carry out the purpose and objectives of
the Board.
5
B. Mediation Services
1. Members of the Board shall serve on panels to conduct mediation
sessions to discuss and attempt to resolve disputes relating to rent
increases and educate the parties about the landlord-tenant relationship,
in accordance with the policies and procedures set forth in Section VI of
these Bylaws.
2. Mediation sessions shall provide a confidential and neutral forum for
landlords and tenants to discuss and resolve disputes relating to rent
increases, as set forth in Section VI.E of these Bylaws.
C. Community Outreach Coordinator
The Board may designate, on an as-needed basis, one of its Members to
coordinate community outreach efforts and communicate information
regarding the available services of the Board, and other duties as may be
assigned by the Board.
D. Council Liaison
The Board may designate, on an as-needed basis, one of its Members to
act as liaison to the City Council to report on the Board’s activities.
VI. MEDIATION PROCESS GUIDELINES, POLICIES AND PROCEDURES
A. Scope of Mediation
1. For purposes of these Bylaws, mediation is the process whereby a
panel of Board Members, who are not a party to the dispute, attempt
to assist the parties to the dispute, to come to a voluntary agreement.
The mediation panel does not render a decision.
2. Landlords and/or tenants may contact City staff for basic information
and referral regarding landlord/tenant rights and responsibilities. The
Board, however, shall provide mediation services only regarding rent
increases.
3. If a Request for Mediation is filed which presents a question as to
whether a rent increase issue is presented, the matter shall be
determined by Housing Division Staff in consultation with the City
Attorney’s Office. Upon the request of the Housing Division Staff or 6
the City Attorney’s Office, such determinations may also involve staff
from the City Manager’s Office, whose decision shall be final.
B. Mandatory Mediation
Following receipt of a Request for Mediation regarding a rent increase-
related dispute, City staff shall determine if it was timely filed within 15
days of receipt of a notice of rent increase, as required by CCMC Section
15.09.020. If the Request for Mediation is timely filed, City staff shall
schedule a mandatory mediation session at a time prior to the effective
date of the rent increase.
C. Voluntary Mediation
1. In the case a Request for Mediation is not timely filed, City staff shall
contact the landlord party, either by telephone or in writing, and
convey the nature of the complaint and provide the landlord and
tenant parties an opportunity to voluntarily settle the dispute with the
assistance of a Mediation Panel. Both parties to the dispute,
and/or their authorized representatives who have the power to act on
behalf of a party(ies) to the dispute, must voluntarily agree to be
present and participate in the mediation process. If the parties
voluntarily determine to participate, C i t y staff shall schedule a
mediation session before a panel.
2. A rent increase for a condominium, townhome, mobile home unit or
single family home is eligible for voluntary mediation in accordance
with the process set forth in Section VI.C.1, above.
D. Conduct of Mediation Sessions
1. Mediation sessions shall be closed to the public and shall take place
at a location, date, and time convenient to all parties to the dispute.
2. Mediation shall be conducted in a session attended by all parties to
the dispute; provided that if any party declines to meet, the mediation
may be conducted in separate sessions.
3. A Mediation panel in each case shall consist of one Landlord
Member, one Tenant Member, and one Member-at-Large. In the
event the assembly of a three-member panel is not feasible, a panel
of fewer than three Board Members may conduct a mediation session
if the parties in the dispute consent in writing to the waiver of a
threemember panel and agree to mediation by a panel of fewer than
three members. If a panel of two members cannot be convened,
subject to the parties’ in the dispute consent in writing, a single mediator 7
may be utilized, provided however, that such a mediator shall be
selected from the Board Members-at-Large. When possible, a
mediation panel should include one Board Member who has had prior
experience participating on a mediation panel.
4. If mediation leads to an agreement between the parties, such
agreement shall be prepared in writing and signed by the parties and
attested to by the Board Member(s) who comprised the
mediation panel. If mediation reaches an impasse, the panel may
provide the parties information regarding other options that may be
available to assist the parties in resolving their dispute.
E. Confidentiality and Neutrality
1. In submitting a dispute to mediation, all parties shall acknowledge
that the proceedings of the mediation are 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
applicable law.
2. All matters connected with mediation efforts under CCMC Chapter
15.09 and these Bylaws are privileged and confidential and shall not
be examined or inspected, except by a party to the mediation, and
shall not be offered or accepted into evidence in any later arbitration,
litigation, or other judicial proceeding.
3. In order to preserve the confidentiality of the mediation process, the
identity of the parties to a dispute shall be confidential, except insofar
as disclosure of the parties' identity(ies) may be necessary in
furtherance of the provisions of CCMC Chapter 15.09, other
provisions of law, or pursuant to a court order.
4. No person shall make an electronic, photographic or stenographic
recording of the whole or any part of any mediation session.
5. Board Members shall conduct themselves with neutrality and
impartiality, which are critical components in providing a fair and
equitable mediation process.
6. In order to foster an environment of neutrality, Board Members shall
not disclose their Member designation (i.e. Landlord, Tenant or
Member-at-Large) during the course of a mediation session.
7. A violation of the provisions of this Section VI.E may be cause for a
Member’s removal from the Board. 8
F. Disclosure and Disqualification
1. The following are grounds for a Board Member to be disqualified from
sitting on a mediation panel:
a. If a Board Member is one of the parties.
b. If a Board Member is a friend or family member of one of the
parties.
c. If a Board Member has a financial conflict of interest pursuant to
applicable laws.
2. In the event of disqualification of a Board Member, the party or parties
shall be advised of the Board Member’s conflict and shall be
further advised that the Board Member will not participate in any way
in their capacity as a Board Member in any matter relating to the
case.
G. Other Procedures.
The Board shall have the power to establish additional procedures for
implementing its responsibilities under these Bylaws including, without
limitation:
1. Procedures for assignment of Board Members to mediation panels;
and,
2. Procedures for assignment of cases to mediation panels; and,
3. Procedures for replacement of Board Members who are for any
reason disqualified to serve on a panel.
VII. STAFF SUPPORT
The City’s Housing Administrator, or designee working under the general
supervision of the Housing Administrator, shall act as liaison to the Board and
shall:
A. Respond to initial calls from landlords or tenants requesting information
and referral or for a mediation hearing appointment and facilitate and
encourage communication between a landlord and tenant, but shall not
mediate; and,
9
B. Complete intake data regarding a landlord/tenant rent increase dispute
and verify such information with the assistance of other City staff
members; and,
C. Coordinate mediation session appointments with the Board Chair; and,
D. Take minutes, and coordinate with the Chair the preparation and
dissemination of required reports; and,
E. 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 landlords and/or tenants not wishing
or eligible to participate in mediation; and,
F. Subject to the confidentiality requirements of CCMC Chapter 15.09 and
these Bylaws, report to the Board at its Regular Meetings all calls
involving requests for information and referral as well as cases in
progress and follow-up activities performed by the S taff Liaison.
VIII. AMENDMENT TO BYLAWS
These Bylaws may only be amended by resolution of the City Council.