City of Culver City, California
City Council Agenda Item Report|1010|RECOMMENDATION:
Staff Report will be delivered under separate cover.
BACKGROUND/DISCUSSION:
FISCAL ANALYSIS:
ATTACHMENTS:
MOTION:
Meeting Date: 6/20/05 Item Number: A-1
AGENDA ITEM: Consideration to Approve a Budget Amendment and a
Professional Services Agreement with” COMPANY” for the Geotechnical and
Geologic Investigation of the slope at the rear of the properties located at 10745,
10747, and 10751 Cranks Road and 5722 and 5724 Tellefson Road
Contact Person/Dept.: Charles
Herbertson
Phone Number:
(310) 253-5630
Fiscal Impact: Yes [] No [] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: []
Public Notification:
Department Approval: CAO Approval:
City Controller Approval:City of Culver City, California
City Council Agenda Item Report|1010|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.
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:
Jerry Fulwood 6/15/05
City Controller Approval:
Jim Lavery 6/15/05City of Culver City, California
City Council Agenda Item Report|1010|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)
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 City of Culver City, California
City Council Agenda Item Report|1010|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,
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; City of Culver City, California
City Council Agenda Item Report|1010|zoning/land use; environmental; consumer/merchant; employee/employer;
small claims; family divorce; neighbor-to-neighbor and domestic relations.
(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.City of Culver City, California
City Council Agenda Item Report|1010|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.
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.
Per the City Controller, there are no funds available at this time. Reserves may be
utilized to fund this Board but other funds must be determined to support this Board
on an on-going basis.
ATTACHMENT:
1) November 17, 2004 letter from Steve Reitzfeld, Chair, and Members of the
Landlord Tenant Mediation Board.City of Culver City, California
City Council Agenda Item Report|1010|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.