CC Resolution No. 6561
~ RESOLUTION NO. 6561
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO TO REQUEST PROPOSALS FOR A
LANDLORD/TENANT RELATIONS SERVICE TO PRO-
VIDE CONCILIATION, MEDIATION, TRAINING~
INFORMATION AND REFERRAL SERVICES AS PART
OF A RENTAL DISPUTE MEDIATION PROGRAM
WHEREAS, the City council of the City of
Cupertino recognizes that there is a limited supply of
rental units within the City in relation to the growing
demand for such units, and
WHEREAS, the City Council of the City of
Cupertino recognizes that in order not to discourage
property owners from making rental units available it is
necessary to ensure that such property owners be
permitted to receive a fair and reasonable return on
their investment, and
WHEREAS, the City Council of the City of
Cupertino recognizes that the inherent conflict between
the above objectives sometimes leads to disputes between ,
landlords and tenants over issues such as the amount of
rent and services provided, and
WHEREAS, the City Council of the City of
Cupertino recognizes that it is in the best interests of
all residents of the City that such rental disputes be
resolved in the most effective, economical, and fair
manner possible, and
C.C.l.(a) 1
WHEREAS, the City Council of the City of
~ Cupertino has received and reviewed the report and
recommendations of the Rental Housing Committee, which
was appointed by the City Council in November, 1983, to
seek possible solutions to resolving rental housing
issues in the community, and
WHEREAS, the City Council of the City of
Cupertino has held public hearings for the purpose of
providing members of the general public an opportunity
to express their opinions and concerns on the subject of
rental housing, and
WHEREAS, the City Council of the City of
Cupertino finds that a landlord/tenant relations service
could provide rental dispute information and mediation
services and assist both landlords and tenants in
resolving such disputes in most cases without having to
resort to costly litigation,
NOW, THEREFORE, BE IT RESOLVED that
1. The City Council of the City of Cupertino
hereby directs the City Manager to prepare a Request for
Proposal to provide landlord/tenant relations services
with features and conditions as set forth below.
2. The contracting landlord/tenant relations
service (hereinafter "Service") shall provide
information and referral services to both landlords and
tenants, including, but not limited to, the following:
C.C.1.(a) 2
" A. The Service shall provide at least one
staff person to answer telephone and walk-in
inquiries during all hours that City Hall is open for
regular business (8:00 a.m. to 5:00 p.m., Monday
through Fridays, excluding official holidays).
B. The Service shall develop and produce a
handbook, pamphlet, brochure or other similar
publication, or a combination of such publications,
providing information about rental mediation
procedures, landlord and tenant rights and
responsibilities, and other such information as
determined by the City Manager and the Service to be
helpful to Cupertino residents in resolving
landlord/tenant problems.
C. The Service shall maintain accurate and
complete records of all inquiries made and
disposition of all matters brought to the Service for
information and referral. The Service shall be
responsible for producing periodic reports to the
City Council, in a format and providing such
information to be determined at a later date and set
forth in the contract.
D. The Service shall develop and implement
an information and referral "outreach" program,
designed to ensure that the maximum possible number
of Cupertino residents are made aware of the
C.C.1.(a) 3
~ existence of the rental mediation program, its
; procedures, and policies.
3. The Service shall establish a two-tiered
rental dispute mediation process, with features and
conditions as set forth below.
A. Preliminary Procedures: Upon receipt of
a complaint from either a tenant or a landlord, the
Service shall ascertain the nature of the complaint,
determine whether the complaint is of a type subject
to mediation, and obtain the names and addresses of
the parties involved. All relevant parties to the
dispute should be advised of the nature of the
complaint, the procedures to be followed to obtain
mediation services, and provided with any other
information which would assist the parties to achieve
early resolution of the dispute.
B. First Tier: The Service shall establish
procedures for arranging to have both parties in a
dispute agree to submit their dispute to the
mediation process. It should be made clear that
submission to mediation is voluntary, and that
neither party is bound to accept the findings of the
mediator. Should the parties reach a compromise
agreement during the first tier mediation process,
such an agreement should be memorialized in writing
and signed by both parties.
C.C.1.(a) q
- It is the intent of the City Council that the following
- minimum standards be established for the contracting Service
in conducting first tier mediation:
(1) Mediators shall be trained by the
Service in accordance with a set of guidelines established
by the City Manager.
(2) Mediators shall be voluntary.
~3) Mediators shall be recruited at
large by the Service.
(4) Cupertino residency is not a criterion
for appointment as a mediator.
~5) Mediators must attend and receive
periodic follow-up training and attend regularly
scheduled meetings as a condition of continued appointment.
~6) The Service shall maintain complete
and accurate documentary records of all mediations,
including transcripts or recordings of inediation
hearings, names and addresses of persons in attendance,
and copies of any papers, receipts, photographs,
and any other documents or evidence submitted by
the parties that is relevant to the issue~s) in dispute.
C. Second Tier: A second tier of the mediation
process will be established, pursuant to the requirements set
forth below:
(1) The Service will provide second
tier mediation upon written request from either party
to the dispute and reco~:endation of the mediator.
The Service shall notify all relevant parties, in
writing, that second tier me<iiation has been requested.
(2) Upon receipt of a written request
for second tier mediation, the Service will assign
a new mediator to the case in order to ensure objectivity.
C.C.1.(a) 5
(3) Second tier mediati.on will be limited
strictly to the issue of the amount of rent.
(4) To ensure active participation in
the rental dispute mediation process by the City,
a member of the City Council, or a designated member
of the city staff, shall attend the second tier mediation
hearing.
~5) Results of the second tier mediation
hearing shall be reported to the City Council at the
next regularly scheduled City Council meeting following
the conclusion of the mediation process. The report
to Council shall include the names of the parties
involved and the disposition of the dispute.
4. IL is the intent of the City that participation
in the rental dispute mediation process be voluntary to the greatest
degree possible. However, the City Council feels that limited
use of subpoena power to compel attendance of relevant parties
would further the objectives of the mediation program.
C.C.l.~a) 6
' S. Filinq of Resolution
" The Clerk is hereby directed to file a copy of
this resolution with her office and to make it available
to members of the general public.
PASSED AND ADOPTED at a regular meeting of the
City of Cupertino this 6th day of May ,
1985, by the following vote:
Vote Members of the Citv Council
AYES: Gatto, Plungy, Rogers, Johnson
NOES: Sparks
ABSENT: None
ABSTAIN: None
Approved:
/s/ Phil N. Johnson
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelins
City Clerk
C.C.1.(a) 7