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Rental Housing Committee

Regular Meeting

Mountain View, CA · February 22, 2021

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, February 22, 2021 7:00 PM Video Conference with No Physical Meeting Location 1. CALL TO ORDER This meeting was called to order at 7:01 p.m. 2. ROLL CALL Present 5- Committee Member Nicole Haines-Livesay, Committee Member Matthew Grunewald, Committee Member Julian Pardo de Zela, Committee Member Susyn Almond, and Chair Emily Ramos 3. MINUTES APPROVAL MOTION: M/S - Haines-Livesay / Almond - To approve the minutes for the January 25, 2021 RHC meeting. Yes: 6- Committee Member Haines-Livesay, Committee Member Grunewald, Committee Member Pardo de Zela, Committee Member Almond, Chair Ramos, and - 4. CONSENT CALENDAR - None 5. ORAL COMMUNICATIONS FROM THE PUBLIC Bee Hanson urged the RHC to consider a joint session with City Council to pass mobile home rent control. Alex Brown states there is no justification for not covering mobile homes with rent control and expects action from the RHC and City Council. 6. APPEAL HEARINGS 6.1 Appeal of Decision Re: Petitions 2021002, 2021003, 2021005, 2021006, 2021008 and 2021009 City of Mountain View Page 1 Rental Housing Committee Minutes February 22, 2021 Karen Tiedemann, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. PRESENTATION AND ARGUMENTS BY APPELLANT-LANDLORD - Servando Sandoval PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANTS - Brian Walkker PRESENTATION AND ARGUMENTS BY APPELLANT-LANDLORD - Servando Sandoval PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANTS -Brian Walker MOTION: M/S - Almond/ Ramos - To adopt the Tentative Appeal Decision to affirm the Hearing Officers decision on appeal elements B.3 - B.6: B.1 - Denying the appeal request and affirming Decision granting a rent reduction to all petitioners for the loss of pool access and remand the decision with direction to clarify the determination on the dollar amount of the rent reduction for pool access between June 4, 2020 and September 30, 2020. B.2 - Granting the appeal request and remanding the issue to the Hearing Officer to determine whether the Appellant-Landlord could have reopened the fitness center and if so to determine the value of the rent reduction based solely on the loss of the fitness center with specific attention paid to the square footage of the fitness center. B.3 - Denying appeal request and affirming the Decision granting a rent reduction to all petitioners for the loss of access to the lawn and surrounding areas of $60 to $75 per month between June 4, 2020 and September 30, 2020. B.4 -Granting the appeal request in part and remanding the Decision to the Hearing Officer solely to establish the appropriate measurement for determining when the housing service has been restored or the fee eliminated. B.5 - Granting the appeal request and reversing the Decision with respect to the rent reduction awarded for lack of management response to maintenance issues. B.6 - Granting the appeal request and reversing the Decision with respect to the rent reduction awarded for loss of use of the grassy recreation area. The Motion was amended by a friendly amendment by Committee Member Haines-Livesay that the Hearing Officer should consider the square footage of the fitness center and the square footage limitations in the Health Orders upon consideration of the issues on B-2 on remand. The Motion was further amended by a friendly amendment by Committee Member Grunwald that appeal element B-1 be affirmed but remanded to the hearing officer for further clarification on the determination on the dollar amount of the rent reduction. The RHC recessed at 8:57 p.m. and reconvened at 9:05 p.m. 7. PUBLIC HEARINGS - None 8. NEW BUSINESS City of Mountain View Page 2 Rental Housing Committee Minutes February 22, 2021 8.1 Capital Improvement Petition Process Study Session Analyst Black presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Edie Keating Alex Brown The RHC receive background information and consider potential policy options related to a Capital Improvement Petition Process for Temporary Upward Adjustment of Rent and provided feedback. MOTION: M/S - Grunewald/ Pardo de Zela - To move agenda item 8.2, Bi-Annual Review of Consumer Price Indices for Fair Return Calculations of Petitions for Upward Adjustment, and agenda item 8.3, Quarterly Financial Expenditures FY 2020-21 through December 31, 2020, to the next RHC meeting on March 22, 2021. 8.2 Bi-Annual Review of Consumer Price Indices for Fair Return Calculations of Petitions for Upward Adjustment This agenda item has moved to the March 22, 2021 RHC meeting. 8.3 Quarterly Financial Expenditures FY 2020-21 through December 31, 2020 This agenda item has moved to the March 22, 2021 RHC meeting. 9. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE 9.1 Monthly Status Report January 2021 Analyst Black presented the monthly status reports for January 2021. 9.2 Update on City’s COVID-19 Landlord/Tenant Programs Analyst Kennedy presented an update on the City's landlord and tenant COVID19 programs. 9.3 Upcoming Monthly Workshops and Office Hours Analyst Black presented the upcoming workshop, clinic and office hours. 10. ADJOURNMENT - At 10:30 p.m., Chair Ramos adjourned the meeting to the next RHC meeting to be held on Monday March 22, 2021 at 7:00 p.m. via video conference. City of Mountain View Page 3

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, February 22, 2021 7:00 PM Video Conference with No Physical Meeting Location This meeting will be conducted in accordance with State of California Executive Order N-29-20, dated March 17, 2020. All members of the Rental Housing Committee will participate in the meeting by video conference, with no physical meeting location. Members of the public wishing to observe the meeting may do so at https://mountainview.legistar.com, on YouTube at www.MountainView.gov/YouTube and on Comcast Channel 26. Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1. Email comments to RHC@mountainview.gov by 5:00 p.m. on the meeting date. Emails will be forwarded to the RHC. Please identify the Agenda Item number in the subject line of your email. All emails received will be entered into the record for the meeting. 2. Provide oral public comments during the meeting: Online - Register in advance to access the meeting via Zoom Webinar: https://mountainview.gov/RHC_speakers You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the Chair announces the item on which you wish to speak, click the “raise hand” feature in Zoom. Speakers will be notified of their turn shortly before they are called on to speak. 1. CALL TO ORDER 2. ROLL CALL Chair Emily Ramos, Vice-Chair Susyn Almond, Committee Members Matthew Grunewald, Nicole Haines-Livesay, and Julian Pardo de Zela City of Mountain View Page 1 Printed on 2/24/2022 Rental Housing Committee Agenda February 22, 2021 3. MINUTES APPROVAL 3.1 Approve the minutes for January 25, 2021 RHC Meeting Recommendation: Copies of the minutes for the above noted meetings have been delivered to Committee Members and copies are available online or by request. If there are no corrections or additions, a motion is in order to approve these minutes. Attachments: Minutes RHC Meeting for January 25, 2021 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 6.1 Appeal of Decision Re: Petitions 2021002, 2021003, 2021005, 2021006, 2021008 and 2021009 Recommendation: Consider the Tentative Appeal Decision and either accept the Tentative 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 - Decision of Hearing Officer, as amended ATT 3 - Appellant-Landlord Appeal of Decision ATT 4 - Appellant-Landlord Response to the Tentative Appeal Decision ATT 5 - Tenant Response to the Tentative Appeal Decision 7. PUBLIC HEARINGS - None 8. NEW BUSINESS City of Mountain View Page 2 Printed on 2/24/2022 Rental Housing Committee Agenda February 22, 2021 8.1 Capital Improvement Petition Process Study Session Recommendation: Receive background information and consider potential policy options related to a Capital Improvement Petition Process for Temporary Upward Adjustment of Rent. Attachments: Staff Report ATT 1 - Policies Options for Capital Improvement Petition Process ATT 2 - Draft Authorized Expenses and Amortization Schedules ATT 3 - Cost-Recovery Mechanisms in Rent Stabilized Jurisdictions ATT 4 - January 25, 2021 RHC Memo ATT 5 - August 24, 2020 RHC Memo ATT 6 - CSFRA Regulations: Chapter 6 ATT 7 - CSFRA Regulations: Chapter 9 8.2 Bi-Annual Review of Consumer Price Indices for Fair Return Calculations of Petitions for Upward Adjustment Recommendation: To receive an informational review of the Consumer Price Indices for Fair Return Calculations of Petitions for Upward Adjustment of Rent. Attachments: Staff Report ATT 1 - CPI Indicies ATT 2 - CPI Percentage Instruction Sheet ATT 3 - July 10, 2017 RHC Memo 8.3 Quarterly Financial Expenditures FY 2020-21 through December 31, 2020 Recommendation: Review the attached Quarterly Financial Expenditures for Fiscal Year 2020-21 through December 31, 2020. Attachments: Staff Report ATT 1 - Quarterly Financial Report FY 2020-21 through December 31, 2020 9. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE No action will be taken on any questions raised by the Committee at this time. 9.1 Monthly Status Report January 2021 Attachments: Monthly Status Report January 2021 9.2 Update on City’s COVID-19 Landlord/Tenant Programs 9.3 Upcoming Monthly Workshops and Office Hours City of Mountain View Page 3 Printed on 2/24/2022 Rental Housing Committee Agenda February 22, 2021 10. ADJOURNMENT - At 10:30 p.m., Chair Ramos adjourned the meeting to the next RHC meeting to be held on Monday March 22, 2021 at 7:00 p.m. via video conference. NOTICE TO THE PUBLIC The agenda and staff reports are available online at https://mountainview.legistar.com. Questions and comments regarding the agenda may be directed to the Rental Housing Committee at (650) 903-6125 or RHC@mountainview.gov. The Committee may consider and act on items listed on the agenda in any order. Consideration of the matters noticed herein is not limited by the recommendations indicated herein. Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the Community Services Department at (650) 903-6400. 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)) City of Mountain View Page 4 Printed on 2/24/2022

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