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Rental Housing Committee

Regular Meeting

Mountain View, CA · January 28, 2019

AgendaMinutes

Minutes

CITY HALL City of Mountain View 500 CASTRO STREET Minutes Rental Housing Committee Chair Matthew Grunewald, Vice Chair Emily Ramos, Committee Members Susyn Almond, Vanessa Honey, Julian Pardo de Zela and Nicole Haines-Livesay (Alternate) Monday, January 28, 2019 7:00 PM City Council Chambers - 500 Castro St 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 2. ROLL CALL Present 6- Committee Member Susyn Almond, Committee Member Vanessa Honey, Committee Member Julian Pardo de Zela, Vice Chair Emily Ramos, Chair Matthew Grunewald, and Alternate Nicole Haines-Livesay 3. MINUTES APPROVAL 3.1 Approve the minutes for December 10, 2018 RHC Meeting 3.2 Approve the minutes for November 26, 2018 RHC Meeting MOTION: M/S - Honey/ Ramos - To approve the addendum to the November 26, 2018 RHC minutes and the minutes for the December 10, 2018 meeting. Yes: 5- Committee Member Almond, Committee Member Honey, Committee Member Pardo de Zela, Vice Chair Ramos, and Chair Grunewald 4. CONSENT CALENDAR - None 5. ORAL COMMUNICATIONS FROM THE PUBLIC Curtis Conroy thanked all RHC members for their service and welcomed the new members to the Committee. 6. APPEAL HEARINGS 6.1 CSFRA Case 18190037, 1851 Latham Street, Mountain View, CA City of Mountain View Page 1 Rental Housing Committee Minutes January 28, 2019 SPEAKING FROM THE FLOOR WITH COMMENTS: Curtis Conroy Karen Tiedemann and Justin Bigelow, Special Counsel, Goldfarb and Lipman, presented an oral presentation and responded to questions. PRESENTATION AND ARGUMENTS BY PETITIONER-APPELLANT-TENANT Rachel Moericke PRESENTATION AND ARGUMENTS BY RESPONDENT-LANDLORD Sapna Agarwal REBUTTAL BY PETITIONER-APPELLANT-TENANT Rachel Moericke REBUTTAL BY RESPONDENT-LANDLORD Sapna Agarwal MOTION: M/S - Ramos/ Almond - To adopt the tentative decision, as orally modified by staff to address rent paid in February 2019, affirming the Hearing Officer's decision as described below with appeal elements A.1, A.2. and A.3, which reflect the appeal requests of Appellant-Tenant, and appeal elements B.1 and B.2, which reflect the appeal requests of Respondent-Landlord: A.1 Granting request for clarification of lawful rent by retating rent applicable to unit and affirming decision . A.2 Denying request for reversal of decision, which found Appellant-Tenant liable for outstanding rent from June 2017 and affirming decision by subtracting outstanding rent from unlawful rent paid that must be returned to Appellant-Tenant A.3 Denying request for apportionment of rent among current and former cohabitants and affirming decision, which does not address apportionment among persons who are not parties to the petition, decision, or appeal B.1 Denying request for the application of the 2016 AGA and affirming decision calculating lawful rent applicable to the unit B.2 Denying request for incorporation of management expenses and affirming decision calculating lawful rent applicable to the unit Yes: 5- Committee Member Almond, Committee Member Honey, Committee Member Pardo de Zela, Vice Chair Ramos, and Chair Grunewald 7. PUBLIC HEARINGS - None 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS 9.1 Election of a Chairperson and a Vice-Chairperson To Nominate and Elect one member of the RHC to serve as Chairperson and (if needed) one member as Vice-Chairperson, determine the term for these positions and conduct an election for these positions. City of Mountain View Page 2 Rental Housing Committee Minutes January 28, 2019 Project Manager van Deursen presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received. MOTION: M/S - Pardo de Zela/ Honey - To elect Committee Member Grunewald as Chair and Committee Member Ramos as Vice Chair of the Rental Housing Committee for a combination of the interim and annual terms concluding on April 30, 2020. Yes: 5- Committee Member Almond, Committee Member Honey, Committee Member Pardo de Zela, Vice Chair Ramos, and Chair Grunewald 9.2 Update on CSFRA Project Manager Recruitment Neighborhood and Housing Manager Wong presented and oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Edie Keating Sapna Agarwal The RHC was notified that Anky van Deursen has been selected as Project Manager for the CSFRA Program. 9.3 Tenant Protections for Buyout Agreements Project Manager van Deursen presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Curtis Conroy Edie Keating The RHC provided direction to staff to draft regulations including options to regulate landlord-tenant interactions when consideration is offered to tenants in exchange for voluntarily vacating a rental unit. 9.4 Update on Hearing Officer Recruitment, training and procedures Administrative Analyst Black presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received The RHC received an annual update regarding the recruitment, training and procedures for hearing officers and facilitators for the CSFRA Program. 9.5 Update on CSFRA Database Management System City of Mountain View Page 3 Rental Housing Committee Minutes January 28, 2019 Administrative Analyst Kennedy presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received The RHC received an update regarding the development and implementation of a Database Management System to assist in the administration of the Community Stabilization and Fair Rent Act. 9.6 CSFRA Monthly Status Report December 2018 Administrative Analyst Black presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received The RHC heard a presentation regarding the CSFRA monthly status report for December 2018. 10. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE Committee Member Ramos requested that staff look into having RHC meetings video recorded. Committee Member Honey requested that the agenda be posted by end of day on the Wednesday before each Rental Housing Committee meeting. 11. CLOSED SESSION REPORTS 12. ADJOURNMENT - At 10:07 p.m., Chair Grunewald adjourned the meeting to the next RHC meeting to be held on Monday, February 11, 2019 at 7:00 p.m. in the City Council Chambers, 500 Castro Street. City of Mountain View Page 4

Agenda

CITY HALL 500 CASTRO STREET City of Mountain View Agenda Rental Housing Committee Acting Chair Matthew Grunewald, Committee Members Susyn Almond, Vanessa Honey, Julian Pardo de Zela, Emily Ramos and Nicole Haines-Livesay (Alternate) Monday, January 28, 2019 7:00 PM City Council Chambers - 500 Castro St 1. CALL TO ORDER 2. ROLL CALL Acting Chair Matthew Grunewald, Committee Members Susyn Almond, Vanessa Honey, Julian Pardo de Zela, Emily Ramos, Nicole Haines-Livesay (alternate) 3. MINUTES APPROVAL 3.1 Approve the minutes for December 10, 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 December 10, 2018 3.2 Approve the minutes for November 26, 2018 RHC Meeting Recommendation: Copies of the addendum to 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: Addendum to RHC Meeting Minutes for November 26, 2018 ATT 1 - Approved Minutes for November 26, 2018 4. CONSENT CALENDAR - None 5. 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 allowed to speak on any topic for one three-minute period during this section. State law prohibits the Committee from acting on non-agenda items. 6. APPEAL HEARINGS City of Mountain View Page 1 Printed on 1/28/2019 Rental Housing Committee Agenda January 28, 2019 6.1 CSFRA Case 18190037, 1851 Latham Street, Mountain View, CA Recommendation: Consider the tentative appeal decision and either accept the proposed appeal decision or modify the tentative appeal decision with instructions to staff citing appropriate evidence in the record. Attachments: Staff Report ATT 1 - Tentative Appeal Decision ATT 2 - Appeal Response 7. PUBLIC HEARINGS - None 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS 9.1 Election of a Chairperson and a Vice-Chairperson Recommendation: To Nominate and Elect one member of the RHC to serve as Chairperson and (if needed) one member as Vice-Chairperson, determine the term for these positions and conduct an election for these positions. Attachments: Staff Report 9.2 Update on CSFRA Project Manager Recruitment Recommendation: To receive an update regarding the selection of the Project Manager for the CSFRA program. Attachments: Staff Report 9.3 Tenant Protections for Buyout Agreements Recommendation: To provide direction to staff regarding potential regulation of tenant protections when consideration is offered to tenants who agree to vacate a rental unit. Attachments: Staff Report 9.4 Update on Hearing Officer Recruitment, training and procedures Recommendation: To receive an annual update regarding the recruitment, training and procedures for hearing officers and facilitators for the CSFRA Program. Attachments: Staff Report ATT1 Chapter 5 - Hearing Process 9.5 Update on CSFRA Database Management System Recommendation: To receive an update regarding the development and implementation of a Database Management System to assist in the administration of the Community Stabilization and Fair Rent Act. Attachments: Staff Report City of Mountain View Page 2 Printed on 1/28/2019 Rental Housing Committee Agenda January 28, 2019 9.6 CSFRA Monthly Status Report December 2018 Recommendation: To Hear a presentation regarding the CSFRA monthly status report. Attachments: CSFRA Monthly Status Report December 2018 10. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE No action will be taken on any questions raised by the Committee at this time. 11. CLOSED SESSION REPORTS 12. ADJOURNMENT Adjourn to the Regular Meeting of Monday, February 11, 2019, in City Hall, 500 Castro Street. Meeting date, time, and venue are subject to change. Please visit www.mountainview.gov to view the agenda. NOTICE TO THE PUBLIC The Committee may take action on any matter noticed herein in any manner deemed appropriate by the Committee. Their consideration of the matters noticed herein is not limited by the recommendations indicated herein. Questions and comments regarding the agenda may be directed to the Rental Housing Committee at (650) 903-6125 or RHC@mountainview.gov. Interested persons may review the agenda and staff reports at the Community Development Department, 500 Castro St., First Floor, the Friday afternoon before each meeting or online at www.mountainview.gov. Any writings or documents provided to a majority of the committee regarding any item on this agenda will be made available for public inspection at 500 Castro Street during normal business hours and at the meeting location during the meeting. Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the the City Clerk's Office at (650) 903-6399. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)) ADDRESSING THE 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 Committee on a non-agenda item may do so during the "Oral Communications" section 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 1/28/2019

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