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Rental Housing Committee

Regular Meeting

Mountain View, CA · May 23, 2022

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, May 23, 2022 7:00 PM Video Conference with No Physical Meeting Location 1. ANNOUNCEMENT (OPEN SESSION) The meeting was called to order at 7:01 P.M. 2. CLOSED SESSION The closed session was called to order at 7:08 P.M. SPEAKING FROM THE FLOOR WITH COMMENTS: Unidentified Mountain View Resident CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Name of Case: Redwood Villa, Inc. v. City of Mountain View and Mountain View Rental Housing Committee, Santa Clara County Superior Court Case Number 18CV322991. Name of Case: Enlightened Investments, Incl, vs. City of Mountain View Rental Housing Committee, City of Mountain View, Santa Clara Superior Court Case Number 21CV390118). 3. CALL TO ORDER The meeting was called to order at 7:17 P.M. 4. ROLL CALL Present 6- Committee Member Julian Pardo de Zela, Vice Chair Emily Ramos, Committee Member Guadalupe Rosas, Chair Nicole Haines-Livesay, Committee Member Susyn Almond, and Alternate Matthew Grunewald 5. CONSENT CALENDAR SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION - M/S - Ramos/Almond- To approve the Consent Calendar MOTION - M/S - Ramos/Almond - To approve the Consent Calendar. Yes: 4- Vice Chair Ramos, Chair Haines-Livesay, Committee Member Almond, and Alternate Grunewald Absent: 1- Committee Member Rosas City of Mountain View Page 1 Rental Housing Committee Minutes May 23, 2022 Abstain: 1- Committee Member Pardo de Zela 5.1 Approve the Minutes for April 25, 2022 RHC Meeting 5.2 Resolution Making Findings Authorizing Continued Remote Teleconference Meetings of the Rental Housing Committee Pursuant to Brown Act Provisions, as amended by Assembly Bill No. 361 Committee Member Rosas joined the meeting at 7:24 P.M. 6. ORAL COMMUNICATIONS FROM THE PUBLIC Jeff Zell urged the RHC to decide matters related to implementing the CSFRA fairly and balanced. Eadie Keating pointed out the CSFRA was a voter approved measure that limits the ability of the committee members. Skye Morland asked the RHC why they are not deciding on the concessions issue in this meeting and when there will be answers to questions brought up in the stakeholder meetings. 7. APPEAL HEARINGS - None 8. PUBLIC HEARINGS - None 9. NEW BUSINESS 9.1 Clarifying Base Rent and Concessions in CSFRA Regulations City of Mountain View Page 2 Rental Housing Committee Minutes May 23, 2022 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Unidentified Mountain View Resident Curtis Conroy Regan Avery Edie Keating Kevin Ma Theresa McFarland Scott A. Heather Heartt Byron Vivian Tim Larson Lily Moreno Jeff Zell Justin Halada Skye Morland Joshua Howard Whitney Prout Alex Brown In order to provide guidance to staff to draft regulations to clarify the calculation of Base Rent when rent concessions are provided during the initial term of the tenancy, the RHC conducted a straw poll: Option 1: carries 5 - 1 in favor of providing clarification in the form of a regulation regarding rent concessions, discounts, or reductions provided during a tenant’s initial tenancy. Option 2: carries 4 - 1 - 1 in favor of clarifying the issue of retroactivity as it relates to rent concessions, discounts, or reductions provided during a tenant’s initial tenancy. Option 3: carries 6 - 0 in favor of excluding any rent payment that a tenant may fail to pay from being factored into the calculation of Base Rent. Option 4: carries 3 - 3 all rent concessions and discounts should be factored into Base Rent rather than conducting a deeper analysis of the different types of possible concessions. this option resulted in a tie vote when counting the alternate's votes. Eliminating the alternate's vote on the poll resulted in 3 yes votes and 2 no votes. 9.2 Monthly Status Reports April 2022 MOTION: M/S - Rosas/Pardo de Zela - To move agenda item 9.2, Monthly Status Reports April 2022, to the next Rental Housing Committee Meeting. Yes: 4- Committee Member Pardo de Zela, Committee Member Rosas, Chair Haines-Livesay, and Committee Member Almond No: 1- Vice Chair Ramos City of Mountain View Page 3 Rental Housing Committee Minutes May 23, 2022 9.3 Eviction Prevention Program Update Senior Management Analyst Black presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. The RHC received an informational update on the Eviction Prevention Program. 9.4 CSFRA Fiscal Year 2022-23 Recommended Budget To review and provide feedback on the Fiscal Year 2022-23 recommended budget for the administration of the Community Stabilization and Fair Rent Act. The Fiscal Year 2022-23 budget is scheduled for adoption at a meeting of the Rental Housing Committee (RHC) on June 20, 2022. The recommended annual Rental Housing Fee is calculated based on the recommended budget and will be established by the Rental Housing Committee. Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Jeff Zell The RHC reviewed and provided feedback on the Fiscal Year 2022-23 recommended budget for the administration of the Community Stabilization and Fair Rent Act. The Fiscal Year 2022-23 budget is scheduled for adoption at a meeting of the Rental Housing Committee (RHC) on June 20, 2022. The recommended annual Rental Housing Fee is calculated based on the recommended budget and will be established by the RHC. 9.5 Annual General Adjustment of Rent 2022 Review and adopt a resolution of the Rental Housing Committee (RHC) announcing an Annual General Adjustment of rent under the Community Stabilization and Fair Rent Act and Mobile Home Rent Stabilization Ordinance for 2022-23 of 5 percent, to be read in title only, further reading waived (Attachment 1 to this memorandum). Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Theresa McFarland Jeff Zell MOTION: M/S - Ramos/Almond - To adopt a resolution of the Rental Housing Committee announcing an Annual General Adjustment of rent under the Community Stabilization and Fair Rent Act and Mobile Home Rent Stabilization Ordinance for 2022-23 of 5 percent. Yes: 5- Committee Member Pardo de Zela, Vice Chair Ramos, Committee Member Rosas, Chair Haines-Livesay, and Committee Member Almond 10. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE 10.1 Upcoming Monthly Workshops, Clinics and Office Hours City of Mountain View Page 4 Rental Housing Committee Minutes May 23, 2022 Analyst Kennedy presented on the monthly workshops, clinics and office hours. 11. CLOSED SESSION REPORT Karen Tiedemann, Special Counsel, reported out from closed session that the RHC received a report on pending litigation and no action was taken 12. ADJOURNMENT - At 11:09 p.m., Chair Haines-Livesay adjourned the meeting to the next RHC meeting to be held on Monday, June 20, 2022 at 7:00 p.m. via video conference. City of Mountain View Page 5

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, May 23, 2022 7:00 PM Video Conference with No Physical Meeting Location During this declared state of emergency, the meeting will be conducted in accordance with California Government Code § 54953(e) as authorized by resolution of the Rental Housing Committee. Please contact mvrent@mountainview.gov to obtain a copy of the applicable resolution. 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: You may join the Zoom Webinar using this link: https://mountainview.gov/meeting and entering Webinar ID: 937 7306 8363 You may be asked to enter an email address and a name. Your email address will not be disclosed to the public. 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. By phone: Dial: (669) 900-9128 and enter Webinar ID: 937 7306 8363 When the Chair announces the item on which you wish to speak, dial *9. Phone participants will be called on by the last two digits of their phone number. When the Chair calls your name to provide public comment, if you are participating via phone, please press *6 to unmute yourself. City of Mountain View Page 1 Printed on 6/24/2022 Rental Housing Committee Agenda May 23, 2022 For instructions on using the "raise hand" feature in Zoom, visit https://mountainview.gov/raise_hand. When called to speak, please limit your comments to the time allotted (up to 3 minutes, at the discretion of the Chair). 1. ANNOUNCEMENT (OPEN SESSION) 2. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Name of Case: Redwood Villa, Inc. v. City of Mountain View and Mountain View Rental Housing Committee, Santa Clara County Superior Court Case Number 18CV322991. Name of Case: Enlightened Investments, Incl, vs. City of Mountain View Rental Housing Committee, City of Mountain View, Santa Clara Superior Court Case Number 21CV390118). 3. CALL TO ORDER 4. ROLL CALL Chair Nicole Haines-Livesay, Vice-Chair Emily Ramos, Committee Members Julian Pardo de Zela, Susyn Almond, Guadalupe Rosas and Matthew Grunewald (alternate). 5. CONSENT CALENDAR These items will be approved by one motion unless any member of the Rental Housing Committee or audience wishes to remove an item for discussion. The reading of the full text of ordinances and resolutions will be waived unless a Committee member requests otherwise. 5.1 Approve the Minutes for April 25, 2022 RHC Meeting Recommendation: Approve the Rental Housing Committee meeting minutes for April 25, 2022. Copies of the minutes for the above noted meeting have been delivered to Committee Members and are available online. Attachments: Minutes RHC Meeting, April 25, 2022 City of Mountain View Page 2 Printed on 6/24/2022 Rental Housing Committee Agenda May 23, 2022 5.2 Resolution Making Findings Authorizing Continued Remote Teleconference Meetings of the Rental Housing Committee Pursuant to Brown Act Provisions, as amended by Assembly Bill No. 361 Recommendation: To adopt a Resolution of the Rental Housing Committee of the City of Mountain View Making Findings Authorizing Continued Remote Teleconference meetings of the Rental Housing Committee Pursuant to Brown Act Provisions as Amended by Assembly Bill No. 361, to be read in title only, further reading waived (Attachment 1 to this memorandum). Attachments: Staff Report ATT1 - Resolution Regarding Virtual Meetings 6. 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. 7. APPEAL HEARINGS - None 8. PUBLIC HEARINGS - None 9. NEW BUSINESS City of Mountain View Page 3 Printed on 6/24/2022 Rental Housing Committee Agenda May 23, 2022 9.1 Clarifying Base Rent and Concessions in CSFRA Regulations Recommendation: That the RHC direct staff to draft regulations for its consideration that: 1. Clarifies that rent concessions, discounts, or reductions provided during a tenant’s initial tenancy shall be factored into the Base Rent calculation when determining the rent actually paid. 2. Sets the methodology for calculating the Base Rent as the sum of the rent actually paid by the tenant over the term of the initial tenancy, and dividing the sum by the number of months in the initial tenancy, as illustrated in the two examples provided in the Analysis section, which would yield the average monthly Base Rent actually paid. 3. Defines the term of the initial tenancy as the actual number of months of the initial tenancy, or, in the case of a month-to-month tenancy or a lease longer than twelve months, the initial term will be twelve months. 4. Excludes any rent payment that a tenant may fail to pay from being factored into the calculation of Base Rent. Attachments: Staff Report ATT 1 - March 28, 2022 RHC Memo Proposed Regulations to Clarify "Base Rent" ATT 2 - April 28, 2022 Summary of Stakeholder Meetings 9.2 Monthly Status Reports April 2022 Recommendation: To review the Monthly Status Reports for the Rent Stabilization and the Eviction Prevention Programs. Attachments: ATT 1 - Rent Stabilization Monthly Status Report April 2022 ATT 2 - Eviction Prevention Program Monthly Status Report April 2022 9.3 Eviction Prevention Program Update Recommendation: To receive an informational update on the Eviction Prevention Program. Attachments: Staff Report ATT1 - April 2022 Eviction Prevention Program Infographic ATT2 - RHC Meeting Memo Update on Eviction Prevention Program, October 18, 2021 City of Mountain View Page 4 Printed on 6/24/2022 Rental Housing Committee Agenda May 23, 2022 9.4 CSFRA Fiscal Year 2022-23 Recommended Budget Recommendation: To review and provide feedback on the Fiscal Year 2022-23 recommended budget for the administration of the Community Stabilization and Fair Rent Act. The Fiscal Year 2022-23 budget is scheduled for adoption at a meeting of the Rental Housing Committee (RHC) on June 20, 2022. The recommended annual Rental Housing Fee is calculated based on the recommended budget and will be established by the Rental Housing Committee. Attachments: Staff Report ATT1 - CSFRA Fiscal Year 2022-23 Statement of Revenues, Expenditures and Balances 9.5 Annual General Adjustment of Rent 2022 Recommendation: Review and adopt a resolution of the Rental Housing Committee (RHC) announcing an Annual General Adjustment of rent under the Community Stabilization and Fair Rent Act and Mobile Home Rent Stabilization Ordinance for 2022-23 of 5 percent, to be read in title only, further reading waived (Attachment 1 to this memorandum). Attachments: Staff Report ATT1 - Draft Resolution to Adopt AGA 2022 ATT2 - BLS, Consumer Price Index, San Francisco Area 10. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE No action will be taken on any questions raised by the Committee at this time. 10.1 Upcoming Monthly Workshops, Clinics and Office Hours 11. CLOSED SESSION REPORT 12. ADJOURNMENT - At 11:09 p.m., Chair Haines-Livesay adjourned the meeting to the next RHC meeting to be held on Monday, June 20, 2022 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 5 Printed on 6/24/2022

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