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MIC 11.14.1984 - 03.25.1985 MEDIATION IMPLEMENTATION CX144ITTEE MINUTES_ NOV. 14, 1984-MAR.25, 19E5 MEDIATION IMPLEM E NTATION Co -r.,..v*./-.,-MlTTEE MINUTES l�TV. 149 1784 —MAR(b alowv& 259 IY815 is MINUTES OF THE MEDIATION IMPLEMMTION COMMITTEE HELD NOVEMBER 14, 1084 8:30 A.M. CITY HALL, CUPERTINO, CALIFORNIA ROLL CALL: Members Present: Sharon Blaine, Sally Brennan, Al Chappell,Ron Granville Members Absent: Terry Brown Staff Present: Barbara K. Brown. Assistant to the City Manager The committee discussed code enforcement of habitability and other state laws. Should the mediation committee recommend an enforcement vehicle for such landlord/ tenant problems? Staff was asked to contact P.A.I.R.S. to determine what, if any, problems they had with volunteer mediators. Jackie West was recommended as a contact. After discussion Blaine, Brennan and Granville voted to contract with an organiza- tion to provide information referral, mediation and record keeping. This would in- clude training of volunteer mediators. Chappel opposed the idea. An agenda of mediation service components and an order by which to address them was established: 1. Goals and objective statement 2. Scope of services I&R Community Education Training Case Management Conciliation 3. Types of Mediators 4. Evaluations Program Contract 5. Record Keeping 6. Public Mediation/Supoena Power 7. Costs/Sources of Funding Next meeting November 21, 1984 from 8:30 a.m. to 10:30 a.m. Meeting adjourned. .. MINUTES OF MEDIATION CITTEE November 21, 1984 8:45 a.m. City Hall, Cupertino, California ROLL CALL: Members present: Ron Granville, Sally Brennan, Terry Brown, Al Cbappell Member Absent: Sharon Blaine Staff present: Barbara Brown Agenda from previous meeting - Goals statement, Objectives statement and Scope of services addressed. GOALS: The goals of the mediation program are to provide a forum for exchanging information and for seeking mutually acceptable solutions to tenant/landlord disputes objectively and effectively. OBJECTIVES: Objectives for the program include: 1) minimizing future conflicts by providing mediation and information to the community; 2) facilitate conflict resolution by making available qualified and objective mediators; 3) ensure landlords and tenants are awe of their mutual rights and obligations by providing accurate information to individuals and the community; 4) ensure effective management and evaluation of the program by main- taining a system of record keeping that ensures privacy and yet produces needed information. SCOPE OF SERVICES: Information and Referral Staff will provide information and referral to tenants and landlords regarding their rights and obligations. Staff will have thorough knowledge of Landlord/tenant laws and practices as well as knowledge of other remedies and other agency's services. A written brochure will be provided explaining mediation services. There should be full staff coverage during regular business hours. Community Education Staff will ir,:rease community awareness about the availability of landlord/tenant services through an ongoing media campaign and out- reach programs to tenants and landlords. rmm Training Mediators - citizens of Cupertino or individuals who have demonstrated community involvement will be trained and coordinated by the mediation service. Training shall include, as a minimum, twenty hours of formal training as a mediator, seven hours of landlord/tenant law and economics of the industry and observation of three mediations. As a general rule, owners and residents should be encouraged to participate as a part of the volunteer pool. They have an inside perspective on the concerns of both parties. Such mediators should, of course, not be involved in mediating cases wherein they have a vested interest or any other conflict of interest. Organization of the Program Typically, there are several steps in the process that r•xst be organized and managed: 1) Initial contact and problem iaentification; 2) Provision of the necessary information to the client. 't would be the intent to resolve the issues at this point through methods other than formal mediation: infc-.mation and referral, conciliation, involvement of peer group, or other appropriate agencies; 3) Arrange for mediation; 4) Conduct the mediation; 5) Documentation of the process from initial contact to the final results. While these steps tend to be common to the process, there are a variety of ways in which they may be carried out. The work plan/agenda will include "Types of Issues Subject to Mediation." Next meetings will be December 5, December 12 and December 19 from 8:30 a.m. to 10:30 a.m. in the Employee's Lounge located on the lower level. Meeting adjourned at 10:30 a.m. Respectfully submitted, f Barbara K. B own Assistant to the City Manager --T MINUTES OF MEDIATION COMMITTEE DECEMBER 5, 1984 8:30 A.M. City Hall, Cupertino, California ROLL CALL: Members Present: Sharon Blaine, Sally Brennan, Terry Brown, Al Chappell, Ron Granville Staff Present: Barbara K. Brown, Assistant to the City Manager TYPES OF MEDIATORS Discussion of team approach to mediation - the RFP will ask the proposer whether they would use single or plural mediators. EVALUATIONS An evaluation of the mediation of the program including the process and the results including: a) Contract compliance review b) Participant's critique c) Statistical reports Request for Proposal shall make tha following statement regarding evaluations: "In order to keep adequate records for future budgeting and evaluation, we need a formal process that can allow those participants in a mediation service to relate the facts and the problems of mediation, the results and the resolution of the problem. Recordkeeping should also substantiate out- reach". Staff will provide monthly reports on all activity including, but not limited to, number and type of calls received, demographic information, services provided and outcome of cases. Activity reports will specify the number of cases developed relating to each type of rental issue. Reports will also be submitted for all mediations conducted providing full data as outlined in the above paragraph as well as the outcome of each mediation, the name of the mediator and whether or not a written agreement was reached. Lengthy discussion was had regarding confidentiality. Case records will not be available to the public but shall be available to all parties involved in the process. The committee recommends that an evaluation be made after the initial six months of the program and then annually thereafter. Discussion was had about a 30-day cancellation clause. Staff will contact the City Attorney to discuss the desirability of such a clause. e The City Attorney believes the shortest cancellation period is best for City since it is a personal source. Issues Subject to Mediation 1) All rental properties - including single family dwellings should be covered by mediation services. Staff is to check whether or not City Council limited second tier public mediation to rent disputes. Meeting adjourned at 10:40 a.m. Respectfully submitted, Barbara K. Brown Assistant to the City Manager MINUTES OF RENTAL MEDIATION COMMITTEE DECEMBER 5, 1984 - 8:30 A.M. CITY HALL, CUPERTINO ROLL CALL: Present: Blaine, 3rennan, Brown, Chappell. Granville Staff: Barbara K. Brown, Assistant to the City Manager Issues Subject to Mediation General discussion of the separate roles of information and referral, concili- ation and mediation. All landlord-tenant concerns should be subject to I&R and conciliation. Actual mediation services will be available for all issues unless a legal process has been initiated, including a three-day notice related eviction. Mediation service shall include, but are not limited to: Rent increases Deposits 30-day notice related evictions Repairs Leases Non-payment Right to privacy Ron Granville, representing Tri-County Apartment Association, objects to evictions and non-payment being included in the mediation process since it is a legal matter. Funding Sources/Costs Committee agreed that the mediation services should not be funded by the participants. It would have a chilling effect on the process. Landlord/tenant conflicts are of a community-wide concern and should be paid for from the gen- eral fund. Al Chappell dissented feeling the City should only pay for the train- ing of mediators; no other costs should be directly born by the City. Discussion of the origin of the two tier mediation recommended for rent increases. Tapes from the October 9, 1984 City Council meeting will be reviewed at the next meeting, particularly regarding supeona, power and the second tier mediation. Meeting adjourned at 10:40 a.m. Respectfully submitted, Barbara K. rown, Assistant to the City Manager V�, MINUTES OF THE RENTAL MEDIATION COMMITTEE DECEMBER 19, 1984 - 8:30 A.M. CITY HALL, CUPERTINO ROLL CALL: Present: Blaine, Brennan, Brown, Chappell, Granville The commissioners listened to tapes of the Council discussion on Rental Housing Committee recommendations. Discussed role of mediator - concluded that mediator should prepare fact finding report - should not make any recommendation. IMPORTANT! City Council to appoint one of their members to review mediation reports and report results to council on a regular basis - perhaps much the same as other committee reporting. Council could therefore exercise subpoena power on the recommendation of council member so appointed. Committee recommends that subpoena power would be appropriate if the reviewing member of council finds that the first tier mediation was not a cooperative exchange and, therefore, did not result in a mutually satis- factory agreement. Committee agreed to meet again on January 2, 1985 at 9:00 A.M. to discuss guidelines for "Public" mediation - definition, parameters, etc. Respectfully submitted, 'I I .. ,?err Br/own 7/f MINUTES OF THE RENTAL MEDIATION COMMITTEE JANUARY 2, 1985 CITY HALL, VJPERTINO CALL TO ORDER: The meeting was called to order at 9:15 A.M. ROLL CALL: Present: Brown, Granville, Blaine, Brennan and Chappell Staff Present: Barbara K. Brown, Assistant to the City Manager Discussion of "public mediation" and the goals of the original recommendation to the City Council. Feelings were expressed that a public setting did not lend itself to the mediation process. The aims of the original recommendation were described as: 1) bringing public pressure to bear; 2) public education in land- lord-tenant issues; and 3) incentive to settle the disputes at the first round of mediation. Subpoena power and the threat of rent control were seen as incentives for first round resolutions. Possibility of third party observation discussed as a means of providing the public with information but not interrupting the processes. it was also agreed that the City Council would be well served if they had personal knowledge of the effectiveness of the second tier mediation. Second tier mediation would address rent increase problems only. They would result after a designated City Council member reviewed the fact finding report of the first round of mediation and fcund there was a "lack of cooperation" at the first stage. The second tier of mediation would not be held in a public setting. Rather the designated City Council member, or their staff representative, will observe the process. Whether the process has achieved a mutual agreed upon course of action or not the mediator will submit a fact finding report to the City Council as a whole and the councilmember/observer will submit to the entire City Council a report evaluating the mediation process. Both these reports would be made public by their presentation to the City Council. Al Chappell did not believe that the process described above was consistant with tenant expectations for a mediation "in the full glare of the public" as recommended by the rental housing committee. Mr. Chappell reserved the right to address the City Council with his different opinion as to how the second tier should be mediated. Next meeting to review final draft of recommendations to the City Council will be Wednesday, January 7th at 9:00 A.M. in employee's lounge. Meeting adjourned at 10:50 A.M. Respectfully submi'hted, ABarbara K. roown, Assistant to the City Manager CUPEPTTNO DENTAL HOUSING and AD HOC COMMITTEES 6:ZC p.m. , March 25, 19S5 Cupertino City Hall Staff Room Convened at request of Tri-Count-/ Apartment Assoc. ATTENDANCE: Rental Wot-,sing Committee Members' Burt Avery, Sall/ Brennan, Al Chappell , Iola Hendricsen, Bevely Lawrence, Louise Levy, Jact, Paulson, Li3l PooLr, Mae Sussmwan, DiAnn Wfai'--er , Ad Hcc Committee: Brennan, Chappell , Pon Graro. ille, Sharon Blaine. Tr ii -Count s Apar twent Association: David Smith, Donni Grotte, Jim r-owing, Bi ` I Ki tc:' OthsrE5: Prcmst%-eus corporate Management, Eiltziorc, Apts. ) Jim Bowann", San Jose Pe-Alt Board , Hart; , -_u p e t i n o 2if.- t a 4 PS-bar a P o,-- I PPES 17 7 N-, s-11 , 2 r I 6XI, Vice Ch a i r mar, a,i-,'d- ac4 ir,7 of thct vaiahed to explain why their organizat4o- v)ill rot support the Ms-Nation Program as L4,czepted by t!%Ez Cupertino Cit,,, Council . The,, zupported the plan originally, but 4olind thFtt the 2nd tier wlti, public mediation was a Their nr4giresl 11 ou r ` w c: .s" fied 5�jppotas based on the Ad Hoc slj,4-iested plan of Public in+CIrmat.*Icrj through a C o u n c i I member or cz p r-e s 47- tative. yeel that mediation needs to be handled "one on one" , and that the disruption or interzerence m a d e possible by public hearings w on u I d be detrimental to the .1,V e and take of normal mted i at i on. He compared coed i at;on to the mandatory. pre-trial settlement a :11 d ge Bolds, which ortiy the participants and their. lawyers attend. The judge ma,,, interview them separately if he so desires. He asks each his position any tries to find a thread for mutual agreement, The Judge as mediator c an gain the confidence of both sides, i-ihach can' t be done in a public trial situation. Tri-Count-,- Is willing to c.-- along with the public reporting, b u t wi 1 1 ask the C i f."I - privacy Of the ounci i to preserve the sessions fcr fruitful negot i at-i ons Use 04 supoens power as one of t h e "teeth" of the ori3inal proposal r-mains unchanged; the-, are not arguing that point. Sussman stated that he ieeis that this plus the possibility of a putu! ic !-:eari -.3 ;.could be the teeth that br ; ng the tenants and landlords to khe private mediation session in th-r- first place, and t hat tne put;I z c sess 41 or) would rare I be needed. 1?r,o w r as',-ed to 'Ir-,, to e­:Plai Uz) U-te group how trie situation came Stout. She said t t t =�[-, Rental Housing Committee had worked V�r_'., h a r d or-i9ina11 , andthat t'he Ad Hoc Committee &.15o wor hard - put the recommendations into 0 rl to I reasonable form. The a.=-c n i ­ for t F%e p r o v I's i o-) it dispute was the ielt need to have t!-.e ccr,-- ` t;, be aviars- of renters' problems, and to use public Tor and settlement, Th G� majority o� the Ad Hoc Committee +:-It that goals ou 1 d be more effectively met by MIR F-I I M ? having a P-,Ibl4c report made at a regular City Council mooting, 'which gets TV and newspaper coverage. A full public hearing listen gets very litt:e attention, and is not guaranteed media cov*rage r-0- d i I act at tc-rit i On -F r cm the City Counc i 1 . P.-enrian reminded the group that the criginal motion for aL public hearing was a cDMPrOMise reached between those who Wanted rent control anal those who did not, aild the Purpose was to e�,.ert -C C3 r c 0-- to bring at-out the VO I u rt tary private first level Tflediat-4on and settlement. Smi +1, replied that t h E. supoena was eriough "tooth" -for the purpose, but that addition of the public would be detrimental to the r PSU I t-1, Hs t-o-iderstands the feel i;-ig is that the numbee, of People plus the potential .-C,edia covero.90R- Would iTAPrOVE chances, but the- ir a5s=-: a,tio,) fssjs tL..s ,;.ediation is a busin.55 pt-07--,asi�, 1r, w!r" ICK People t-4ould be privatel / to make concessiOns, tut 1.) d e therm pub 1 c i/. "Rooter s 11 there 10 support C•P-I e Side or the other could pc�11,.ions, mal,ing compt.-onise 4mp'I'Ssible. en-at. .deal e re-f LB 1. rz,,,r;,i t,-ee that Our j ob is %cept -ro- c r,i t�:;- ! ,: results. Tare City 0 thf= Ho-,.Iever , it Was wondered just 7 J -2 eii111 rec:Oirtrend c Cupertino Landloi ds On the first er -Z't I on as it currentl%, star.jE !-Spied that the Associaticri t:ould riot support ariy part 0-, h e P.-0 q.--arf-. as it n 0 v, at a.n d,S, w 0 u.I d n r-I-1 p rov i d e "Peer ,7CUrIE - - Z" tut would nut ever --L�Ssest &a.kin.ci the law. -I i nc� , br - Aver ,, ti K r-, attended all t h e Committee meetings i r.volving -:ed i a t i on, Z11 0 es r,, t r e.m e r b e- d i s c u�--s i rig refinements of defining pub 1 4--:" , t. t I,r,ows r I.,EI were an ,i o-t-,s to get t h e- landlords to participate instead of "stonewalling" ; hONever, he can also see the ociss i b i I i 11 y Of tenants doinq t h e "s tonewa I I i rig 11 and refusing to mediate seriousl,), dur-ing the private session, w a n 4, i r-,9 to have the increased publ icity of arf op-=r, hear ing, ever,.. conceivably to make a "circus" of ; t. Gronvi 1, I.-z? Garr earl?' Rental Housir,49 C-o-mrrittee Iiiember , replaced b,, Paulson' read committee miniatess but did riall understand from them h o t-, tree p Lk b 1 i r- i t I, Vas expected to te handled. The Ad Hoc Committee =-ert z- lot Of t.ir,i discussirt::i the end tier , and he -feels that t he 4.r r :,)p 0 s a.I n-.e t the d e f i n i t i o 1-- Of Public, and was nut art attempt to z h-;ng e the meaning b u t. toi implement it i 1,1 the most ec t i V e To art r,e r Th i s, too, '4as a compror.-iise between thosY k-4 h 0 Wanted the hearings to 'Ierfia.In �--ntire! / pi—,/ate aj-ld those -efl-ict wanted therr., Open to + I,-- He feels that th's t/Pe Of public exposure c -1!-; t C C',u-,c i I wou I c- la t g e r. c I ub over the part.i c part t s- than a ,equ is hearing. i =sen asked what the i mp act woul-" 0+ Tri-Cour%tyls n C s-Fro: :::D,- t e 6. s + i c a.n t %) of Cuper-t i no landlords rn t's errirs o-f C ou r t Tr .r e rf r1a,r sal._, t h e p o s s i b-7 e effect is riot known. -Prc;,,n —,at a 1 a—3 e ".a r 1 t C)i ci�per'tirlo apar,tTrIents 0 NI 111.El t,S w 1-10 are members. smal 1 (sir';jie family, df u p I e etc, units are II ess apt to be inembers, but are not .errs crf number of rental units irivclved. Lawr;--ncs ps!,ed t-ji-lo t,joi City Council attendance a.t 2rid tier nediatior; unt-Jer the Ad Hoc recommendations? The reply 2 was that the City Council would make that decision on tFt* basis of the r9r-13"Illerldat'110116 114 the mediator involved. The report would be made publicly. Chappell expressed interest that the City Council /Staff had access to the information on who are members of Tri-Courity. Gi-anville said that being a member- of Tri-County does not Mean that one represents the organization, nor that the organization, represents the individual members, who make their own decisions. IL is a trade orgatii-zaticin, to represent the interests o--" the group as E• w 1-1 0 11__-, and to send educational rnaterials and publications to riernbers. S m-.' t h stated that the; want to participate in the Cupertino Mediation Process as they do the others in the area, but cannot as it 4-u r r en t I stands. They could have kept their lack 0l supporL private, tut felt thzt. our committees s1rould be av4ae e In advatiLe of the propcsa.1 t 1-1 e Y plan to mai-ts to t h e City C Ll u l"I c i I as soon a S a p pr o pr ate. F-oiqr, said this wc­_,ld not be before Apnil 15, w Ke r" t h e C I L'> t fF al-tc, re=ol_tilcris to be, enacted for the med i 8 k c'' P r Cj c e s a pa,,1 sort d th;-, Pen t�I Cortirri; t tee dec i dE-d on publ :c ha&ar i rig in lt­ca� sense, but left a i-of to tr.e Ad Hoc Comniittee-� . Tne/ heard more ?bot,1- the adve'se ef-fects, and in nnore detail trall tne Rental Cor:'rnittss. aArence i nd cat the p e C-f mater i a I b e f to r c- h e r and 'eclarsd that we had heard a great deal of detail an how different afi ME-d - ion s-I sterns work. POOV raised a question about the "trained Volunteer mediators" , an d was told tP'at this was still being planned, but that if there were not snough volunteer's, the City would go to paid Decal mediators rather than -30 to out-of-city mediator services. The Tirieet'ng was adjourned wit'n thartks to Tri-Count;/ for Corning to Us with their reaso,-.s for CiPpoiiiitiort. H.