Rental Housing Committee
Regular MeetingMountain View, CA · May 23, 2022
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
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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
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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
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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
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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.
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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
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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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