City of Culver City, California
City Council Agenda Item Report
Meeting Date: 04/20/09 Item Number: A-2
AGENDA ITEM: Consideration of Member Absence and Resignation for the
Landlord Tenant Mediation Board.
Contact Person/Dept.: Lillian Ikeda, CDD Phone Number: (310) 253-5797
Housing
Fiscal Impact: Yes ]
No [X] General Fund: Yes [ ] N [X]
Public Hearing: ] Action Item: [X] Attachments: [ ]
Public Notification:
Master E-Mail Notification List (04/15/09). Mary Ellen Fernandez on 03/25/09. Claire-
Elise Broner on 03/25/09. Landlord Tenant Mediation Board members on 03/25/09.
Department Approval:
Sol Blumenfeld (03/25/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/15/09)
Chief Financial Officer Approval:
Jeff Muir (04/15/09)
City Manager Approval:
Jerry B. Fulwood (04/16/09)
RECOMMENDATION:
the continuance of service of both
and Mary Ellen Fernandez, Landlord
Mediation Board and to accept Theodore
was established by the City Council
to the tenant-landlord community.
1987 by Chapter 15.09 of the Culver City
"good faith" mediation to rental disputes
Board are: 1) to build and strengthen
2) to reduce tensions in the rental
tenants and landlords to resolve disputes
the rental community about tenant and
responsibilities of both tenants and
scheduled five hundred and seventy-six
Staff recommends the City Council consider
Claire-Elise Broner, Tenant Representative,
Representative, on the Landlord Tenant
Kreps' resignation as Tenant Representative.
BACKGROUND:
The Landlord Tenant Mediation Board ("Board")
in 1981 to offer voluntary mediation services
Those services were expanded on May 20,
Municipal Code to provide mandatory
surrounding rent increases in Culver City.
The purpose and objectives of the
communications between tenants and landlords;
housing market by providing a means for
related to rent increases; and 3) to educate
landlord relationships and the rights and
landlords_
Since its creation in 1981, the Board has
(576) mediation sessions.City of Culver City, California
City Council Agenda Item Report
The Board consists of nine members who each serve three-year terms. There are
three categories of memberships which include: three Tenant Representatives, three
Landlord Representatives, and three Member-at-Large Representatives. There are
also three alternate positions, one in each of the above-referenced 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 and are neither tenants nor have any
ownership interest in rental property in Culver City.
DISCUSSION:
The rules and regulations in the "Organization and Implementation Guidelines" for
the Board states "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."
The Board meets quarterly during the months of January, April, July and October
usually on the last Wednesday of the month.
Tenant Representative - Kreps
Theodore Kreps has served on the Board since July 1, 2005, when he was
appointed as a Tenant Representative. Mr. Kreps was absent from the October
2008 and January 2009 meetings. Mr. Kreps has expressed his desire to no longer
remain on the Board and has verbally resigned from his position as Tenant
Representative.
Tenant Representative - Broner
Claire-Elise Broner has served on the Board since July 1, 2007, when she was
appointed as a Tenant Representative.
Ms. Broner was absent from the July 2008 and January 2009 meetings.
Ms. Broner has expressed her desire to remain on the Board. Since Ms. Broner's
appointment to the Board, she has received 30 hours of professional mediation
training at a cost to the City of $625. Additionally, Ms. Broner has mediated two
cases since her appointment in July 2007.City of Culver City, California
City Council Agenda Item Report
Should the City Council determine to remove Ms. Broner from her seat, according to
the "Organization and Implementation Guidelines," the alternate Tenant member
would be appointed by the Council as the Tenant Representative, however, that
position remains vacant.
The City Clerk's office has begun advertising for Tenant Representative and Tenant
Alternate position and appointments are scheduled on the May 11, 2009 agenda.
Landlord Representative
Mary Ellen Fernandez was first appointed in 1989 as Landlord Alternate and was
appointed as a Landlord Representative on June 1, 1990.
Ms. Fernandez was also absent from the July 2008 and January 2009 meetings.
Ms. Fernandez has expressed her desire to remain on the Board. Since Ms.
Fernandez's appointment to the Board, she also has received 30 hours of
professional mediation training at a cost to the City of $625. Additionally, Ms.
Fernandez has mediated forty-five cases since her appointment in 1990.
Should the City Council determine to remove Ms. Fernandez from her seat,
according to the "Organization and Implementation Guidelines", the newly appointed
alternate Landlord member, Mr. Justin Lescoulie, would be appointed by the Council
as the Landlord Representative, to serve Ms. Fernandez's remaining term, until June
30, 2010.
FISCAL ANALYSIS:
Consideration of the Tenant and Landlord Representatives has no significant fiscal
impact. Should a vacancy be created for the Landlord Representative, current
Landlord Alternate Justin Lescoulie would be appointed as the Landlord
Representative. Training costs (including AB 1234 Ethics training) would be
absorbed in existing appropriations.
ATTACHMENTS:
None
MOTION: City of Culver City, California
City Council Agenda Item Report
That the City Council:
1. Accept Theodore Kreps' resignation as Tenant Representative on the Landlord
Tenant Mediation Board; and,
2A) Allow Claire-Elise Broner to continue to serve as Tenant Representative to the
Landlord Tenant Mediation Board;
OR
2B) Remove Claire-Elise Broner as Tenant Representative, and wait to consider an
appointment for Tenant Representative on May 11, 2009; and,
3A) Allow Mary Ellen Fernandez to continue to serve as Landlord Representative on
the Landlord Tenant Mediation Board:
OR
3B) Remove Mary Ellen Fernandez as Landlord Representative and appoint Justin
Lescoulie as Landlord Representative to serve the unexpired term of Ms. Fernandez
commencing April 20, 2009 and ending June 30, 2010.