Rental Housing Committee
Regular MeetingMountain View, CA · March 26, 2018
Minutes
CITY HALL
City of Mountain View 500 CASTRO STREET
Minutes
Rental Housing Committee
Committee Members Grunewald, Means, Ramos and Pardo de Zela (alternate), Vice Chair Ortiz, and Chair
Honey
Monday, March 26, 2018 6:00 PM Plaza Conference Room and Council Chambers
1. CLOSED SESSION (to be held in the Plaza Conference Room)
2. CLOSED SESSION
2.1 CONFERENCE WITH LEGAL COUNSEL –ANTICIPATED LITIGATION
Closed Session recessed at 6:25 p.m.
3. REGULAR SESSION (to be held in Council Chambers)
The meeting was called to order at 6:36 p.m.
4. CALL TO ORDER
5. ROLL CALL
Present: 5- Vice Chair Ortiz, Chairperson Honey, Committee Member Grunewald, Committee
Member Ramos, and Committee Member Means
Absent: 1- Pardo de Zela (alternate)
6. MINUTES APPROVAL
6.1 Approve the minutes for February 26, 2018 RHC Meeting
MOTION; M/S - Ramos/ Means - To approve the minutes for February 26, 2018
Yes: 5- Vice Chair Ortiz, Chairperson Honey, Committee Member Grunewald, Committee
Member Ramos, and Committee Member Means
7. ORAL COMMUNICATIONS FROM THE PUBLIC
No comments were received from the public.
8. PUBLIC HEARING
9. UNFINISHED BUSINESS
10. NEW BUSINESS
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Rental Housing Committee Minutes March 26, 2018
10.1 Professional Services for the Implementation of the CSFRA for Upcoming
Fiscal Year
Provide direction to staff regarding procurement of professional services for the
upcoming fiscal year.
City Attorney Quinn presented an oral report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Curtis Conroy
Fred Kiani
Elizabeth Lindsay
Patty Kong
Emily Hislop
MOTION: M/S - Honey/Means - To start an RFP process for professional
services for the implementation of the CSFRA for the upcoming fiscal year.
Yes: 3- Chairperson Honey, Committee Member Grunewald, and Committee Member
Means
No: 2- Vice Chair Ortiz, and Committee Member Ramos
10.2 Authorization to Execute an Agreement with Goldfarb & Lipman for
Legal Services for FY 2017-18
Associate Planner Van Deursen presented an oral report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Curtis Conroy
Fred Kiani
Jeff Gilman
Edie Keating
Alex Nunez
Trey Bornmann
MOTION: M/S - Ortiz/ Honey - To authorize the Acting Program Manager to
execute an agreement with Goldfarb & Lipman LLP for legal services related
to the Community Stabilization and Fair Rent Act for Fiscal Year 2017-18 in an
amount not to exceed $200,000
Yes: 5- Vice Chair Ortiz, Chairperson Honey, Committee Member Grunewald,
Committee Member Ramos, and Committee Member Means
10.3 CSFRA Annual Rental Housing Fee collection overview
Finance and Administrative Services Director Kong presented an oral report and responded
to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Edie Keating
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Rental Housing Committee Minutes March 26, 2018
The RHC heard a presentation on the status of the Annual Rental Housing Fee
collection.
10.4 CPI Indices and the CSFRA
Karen tiedemann, Special Counsel, Goldfarb and Lipman, presented an oral report and
responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Curtis Conroy
Joe Maydak
Elizabeth Lindsay
Alex Nunez
Edie Keating
MOTION: M/S Means/Honey - To adopt a resolution identifying that the
Consumer Price Index - All Urban Consumers, San
Francisco-Oakland-Hayward region (currently designated as Series ID:
CUURS49BSA0 by the U.S. Department of Labor, Bureau of Labor Statistics)
shall be the designated successor index applicable for determining future
Annual General Adjustments in accordance with CSFRA section 1707(a); and
that Regulation Chapter 6, section 6(C)(4) shall be deleted in its entirety and
replaced with the following text:
Consumer Price Index. Consumer Price Index is the Consumer Price Index -
All Urban Consumers for "Rent of primary residence" in San
Francisco-Oakland-Hayward region (currently designated as Series ID:
CUURS49BSEHA by the U.S. Department of Labor, Bureau of Labor Statistics).
a. Base Year Consumer Price Index. The Consumer Price Index for the
Base Year shall be the annual average of the Consumer Price Index for 2015
(371.075, unless revised by the Bureau of Labor Statistics).
b. Petition Year Consumer Price Index. The Consumer Price Index for the
Petition Year shall be the Consumer Price Index that was most recently
published as of the date a Petition for Upward Adjustment of Rent is
submitted.
Yes: 3- Chairperson Honey, Committee Member Grunewald, and Committee Member
Means
No: 2- Vice Chair Ortiz, and Committee Member Ramos
The Committee recessed at 8:19 p.m. and reconvened at 8:31 p.m.
10.5 Annual General Adjustments Pre-February 2016 and Post 2017
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Rental Housing Committee Minutes March 26, 2018
Justin Bigelow, Special Counsel, Goldfarb and Lipman, presented an oral report and
responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Emily Hislop
Joe Maydak
Elizabeth Lindsay
Jeff Gilman
Fred Kiani
Nan McGarry
Trey Bornmann
Job Lopez
Alex Nunez
MOTION: M/S - Honey/Grunewald - To bring back appropriate language to
implement a bankable rent increase based on CPI for a 318 day period and to
explore options to address certain situations where an increase may not be
applicable.
Yes: 3- Chairperson Honey, Committee Member Grunewald, and Committee Member
Means
No: 2- Vice Chair Ortiz, and Committee Member Ramos
10.6 CSFRA Monthly Status Report February 2018
Administrative Analyst Black presented an oral report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
The RHC heard a presentation regarding the CSFRA monthly status report for
February 2018.
11. COMMISSION/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND
COMMITTEE REPORTS
Member Ramos confirmed with RHC members the Committees attendance to
the Mountain View Downtown Spring Parade
12. CLOSED SESSION REPORT
Karen Tiedemann, Special Counsel, Goldfarb and Lipman, announced that
the RHC discussed a letter they received regarding potential litigation from
Fenwick and West demanding the RHC reconsider its February 26, 2018
resolution regarding the applicability of the CSFRA to Mobile Homes and
Mobile Home spaces.
The RCH voted to decline to reconsider the motion.
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Rental Housing Committee Minutes March 26, 2018
YES: 3 - Chairperson Honey, Committee Member Grunewald, and Committee
Member Means
No: 1 - Committee Member Ramos
Abstain: 1 - Vice Chair Ortiz
13. ADJOURNMENT - At 10:40 p.m., Chair Honey adjourned the meeting to the next
RHC meeting to be held on Monday, April 23, 2018 at 7:00 p.m. in the Council Chambers,
500 Castro Street.
City of Mountain View Page 5
Agenda
CITY HALL
500 CASTRO STREET
City of Mountain View
Agenda
Rental Housing Committee
Committee Members Grunewald, Means, Ramos and Pardo de Zela (alternate), Vice Chair Ortiz, and Chair
Honey
Monday, March 26, 2018 6:00 PM Plaza Conference Room and Council Chambers
1. CLOSED SESSION (to be held in the Plaza Conference Room)
2. CLOSED SESSION
2.1 CONFERENCE WITH LEGAL COUNSEL –ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. (One potential
case)
3. REGULAR SESSION (to be held in Council Chambers)
4. CALL TO ORDER
5. ROLL CALL
Chair Vanessa Honey, Vice Chair Evan Ortiz Committee Members Matthew Grunewald, Tom Means, Emily Ramos,
Julian Pardo de Zela (alternate)
6. MINUTES APPROVAL
6.1 Approve the minutes for February 26, 2018 RHC Meeting
Recommendation: Copies of the minutes for the above-noted meeting have been delivered to Committee
Members and copies are available at City Hall. If there are no corrections or additions, a
motion is in order to approve these minutes.
Attachments: Minutes for February 26, 2018
7. ORAL COMMUNICATIONS FROM THE PUBLIC
This portion of the meeting is reserved for persons wishing to address the Committee on any matter not on the
agenda. Speakers are limited to three minutes. State law prohibits the Committee from acting on non-agenda
items.
8. PUBLIC HEARING
9. UNFINISHED BUSINESS
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Rental Housing Committee Agenda March 26, 2018
10. NEW BUSINESS
10.1 Professional Services for the Implementation of the CSFRA for
Upcoming Fiscal Year
Recommendation: Provide direction to staff regarding procurement of professional services for the upcoming
fiscal year.
Attachments: Staff Report
10.2 Authorization to Execute an Agreement with Goldfarb & Lipman for
Legal Services for FY 2017-18
Recommendation: That the Rental Housing Committee authorize the Program Manager or other designee to
execute an agreement with Goldfarb & Lipman LLP for legal services related to the
Community Stabilization and Fair Rent Act for Fiscal Year 2017-18 in an amount not to
exceed $200,000
Attachments: Staff Report
ATT 1 - FY 2017-18 Legal Fee Budget Proposal
10.3 CSFRA Annual Rental Housing Fee collection overview
Recommendation: To receive a presentation on the status of the Annual Rental Housing Fee collection.
Attachments: Staff Report
ATT 1 - Example Invoice and Explanatory Leaflet for Annual CSFRA Fees
10.4 CPI Indices and the CSFRA
Recommendation: Adopt a resolution identifying replacement indices for purposes of future Annual General
Adjustments and maintenance of net operating income calculations in the Petition for
Upward Adjustment of Rent (Fair Return) contexts.
Attachments: Staff Report
ATT 1 - Resolution
ATT 2 - Map
ATT 3 - BLS, CPI, San Francisco Bay Area – December 2017
ATT 4 - BLS, CPI, San Francisco Bay Area – February 2018
ATT 5 - BLS, CPI, Pacific Cities – February 2018
10.5 Annual General Adjustments Pre-February 2016 and Post 2017
Recommendation: Consider the potential for and timing of any Annual General Adjustment applicable for
time frames prior to February 2016 and February 2017.
Attachments: Staff Report
ATT 1 - Resolution No. RHC - 2
ATT 2 - Text of CSFRA Section 1707
ATT 3 - November 6, 2017 Staff Report
City of Mountain View Page 2 Printed on 3/23/2018
Rental Housing Committee Agenda March 26, 2018
10.6 CSFRA Monthly Status Report February 2018
Recommendation: Hear a presentation regarding the CSFRA monthly status report.
Attachments: CSFRA Monthly Status Report February 2018
11. COMMISSION/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND
COMMITTEE REPORTS
No action will be taken on any questions raised by the Commission at this time.
12. CLOSED SESSION REPORT
13. ADJOURNMENT
Adjourn to the Regular Meeting of the RHC on Monday, April 9, 2018, in the Council Chambers, City Hall, 500
Castro Street. Meeting date, time, and venue are subject to change. Please check online at
www.mountainview.gov as an agenda will be posted the Thursday prior to the RHC meeting.
AGENDAS FOR BOARDS, COMMISSIONS, AND COMMITTEES
- The specific location of each meeting is noted on the notice and agenda for each meeting which is posted at least 72
hours in advance of the meeting. Special meetings may be called as necessary by the Committee Chair and noticed at
least 24 hours in advance of the meeting.
- Questions and comments regarding the agenda may be directed to the RHC at (650) 903-6125 or
RHC@mountainview.gov.
- Interested persons may review the agenda and staff reports at the Community Development offices, 500 Castro Street,
First Floor; the Friday afternoon before each meeting at 4:30 p.m. or soon thereafter; or online at www.mountainview.gov;
and they are available during each Committee meeting.
SPECIAL NOTICE—Reference: Americans with Disabilities Act, 1990
- Anyone who is planning to attend a meeting who is visually or hearing-impaired or has any disability that needs special
assistance should call the Community Development Department at (650) 903-6306 48 hours in advance of the meeting to
arrange for assistance. Upon request, in advance, by a person with a disability, agendas and writings distributed during
the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in
advance, an assistive listening device can be made available for use during the meeting.
- The Board, Commission, or Committee may take action on any matter noticed herein in any manner deemed appropriate
by the Board, Commission, or Committee. Their consideration of the matters noticed herein is not limited by the
recommendations indicated herein.
SPECIAL NOTICE—Any writings or documents provided to a majority of the RHC regarding any item on this agenda will be
made available for public inspection in the Community Development Department, located at 500 Castro Street, during
normal business hours and at the meeting location noted on the agenda during the meeting.
ADDRESSING THE BOARD, COMMISSION, OR COMMITTEE
- Interested persons are entitled to speak on any item on the agenda and should make their interest known to the Chair.
- Anyone wishing to address the Board, Commission, or Committee on a nonagenda item may do so during the "Oral
Communications" part of the agenda. Speakers are allowed to speak one time on any number of topics for up to three
minutes.
City of Mountain View Page 3 Printed on 3/23/2018
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