City of Mountain View, CA Rental Housing Committee, 7 Oct 2019

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From YouTube: 10-7-2019: Rental Housing Committee Meeting

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Council Chambers, 500 Castro St., Mountain View, CA 94041

7 p.m. Monday, October 7, 2019

A

All right, 7 o'clock I'd like to call to order today's meeting of Mountaineer Rental Housing Committee on October 7th 2019, we'll start with roll call committee members Susan almond here.

B

A

Haynes livesafe present.

C

A

D

A

Pardo does Ella president and vice chair, Emily Ramos, here all right. All here today item 3.1 to approve the minutes for the September 16th meeting of the RFC copies of minutes, while I've been delivered to committee members and copies are available at City Hall. Are there any questions from committee members on the minutes?

A

Seeing none public comments? Would any members of the public like to comment on the minutes for September 16th, seeing none there no Corrections or additions? The motion is in order to approve these minutes.

E

A

Right, we have a motion to approve the.

F

A

Would anyone like the second.

B

Second, all right.

A

All in favor, aye, okay,.

D

A

D

Abstain: I wasn't here fair.

A

Enough moving on to oral communication from the public this report, this portion of the meeting is reserved for persons wishing to address the committee on any matter, not in 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. Would anyone like to address the committee at this time all right, please step to the mic.

G

Hey Alex, Brown, sound, hey, go villa north beach or mountain view. Remember that Mountain View mobile home Lyons I just want to ask you guys. Please request a study session on mobile home issues in the city, particularly involving the rents and rent increases in the six mobile home parks, as it pertains to what you can do under the CSRA. What app what actions are available to you please thank you.

A

All right, thank you for your comment. Any other comments.

A

Okay, move on to item 8.1, the administrative compliance policy and we have a presentation from Aki.

H

Thank you very much. We would like to recommend that the Housing Committee provide input regarding a potential administrative compliance policy with regards to the C as every all stakeholders indices. Offeri currently have enforcement options in the CSF re. First of all, through the petition process, which process has been thoroughly detailed by the Rental Housing Committee through his chapters on petition process and regulations, they can take court action or they can take administrative action.

H

The Rental Housing Committee itself is also authorized to take administrative action through dimension C's fre articles. In this overview, the Rental Housing Committee can establish rules and regulations for administration, but also for enforcement of the C's fre. It can publicize provisions of the seizure free, including rights and responsibilities of landlords and tenants, and it can also establish a schedule of penalties that may be imposed for non-compliance with the C's every or with the rules and regulations.

H

A non administrative action is that the rental housing committee is also authorized to bring legal action, although that needs approval of city council.

H

The staff in its daily operations would like to request a rental housing committee to kind of delve a little deeper in what actions and what administrative policy you would like to adopt.

H

We definitely would like to see if you're interested in staff providing courtesy compliance letters to tenants and landlords, including payment of annual fees, rent rollback applications, code, compliance, the aga and banked rent increases.

H

Such a compliance letter would potentially diminish the need for petitions and would save staff some time and work. With regards to compliance of the see summary, we hope that these coracii letters will initiate contact between staff and tenants or landlords to resolve any miss communications or misunderstandings that there might be there under the CSRA and therefore clearing up any possible non-compliance issues.

H

The staff could research the following options based on these sections, which we previously mentioned, and that would create a more proactive administrative compliance process a little bit more detailed than just the courtesy letters. We would like to comply some research, so you can see what the options are to be adopted.

H

So we have two questions for the rental housing committee today. First of all, is the rental housing committee in favor of an administrative courtesy, compliance letters to empower tenants and lenders to better understand their rights and responsibilities, and the second question is: is the rental housing committee, in favor of staff researching options for a more proactive administrative compliance process to bring back in a future meeting? And that's the end of the presentation happy to answer any questions.

A

All right, Thank, You Anki, since this item is for review, only a discussion in action or sorry, there's no action that we're tainted that we're taking today. But this would just be for discussion and then to give you actually.

H

You could give us an answer to question one, yes or no, then we can move forward with that part. Okay and then the second part is well. You want to direct us to provide further research for I forget for you.

E

Thank you, mm-hmm I have a question sure.

A

Yep come any questions so.

E

um Currently, do you address or send out letters on an individual basis, and this would sort of organize it into a regular process.

H

These courtesy letters would be individual letters. Currently, we do not send out letters, no I.

C

Noted that there's no fiscal impact, how does that work with sending letters.

H

So the letters would just be sent engaged that we detect any misinformation or miscommunication between a 10 and our landlord when either one of them contact us. So, instead of just saying file a petition process, we could just first sent a courtesy letter to see if things can get clarified without having to go through a petition process, and that probably answers your fiscal question as well.

D

Is it your opinion that the number of petitions is is extraordinary and therefore we would need a courtesy letter program.

H

We don't know what an ordinary amount of petitions is, but we always favor mediated process if possible, or just clarifications and education of all the parties involved.

D

So, do we have a lot of petitions outstanding from tenants and our landlords minimal.

H

D

H

We currently I mean I think this year we are at number 45 or something no. We just started a new fiscal year for.

I

Fiscal year 2018 19, we had 51 petitions and currently we have 7 tenant petitions and we will have at least two landlord, if not three landlord petitions coming up in the next few months.

D

B

Hypothetically, if we're moving forward with this, will we see the language from the courtesy compliance before we end up voting on sending that out or are we just giving staff direction before yeah.

H

So what we envision is that you just give the green light to us to send out courtesy letters. That's just further an administrative tasks, usually the Rental Housing Committee, does not approve or disapprove the content of letters or administrative procedures once they're regulated.

A

Do you do a sense today of the specific types of letters that that you'll want to research, or this is to get the green light to to.

H

A

Those topics so.

H

What we would like to research is not mortis, not the courtesy letters I mean that is just a general informational letter. These are the rules and regulations under the C's fre. If you are unclear about certain things, please contact us, but the more proactive administrative compliance includes further rules and regulations, maybe for enforcement, and maybe even establishing a schedule of penalties, because those items are all entrusted to the Rental Housing Committee under the C's fre.

H

Thank you and okay.

A

So that that clarifies it for me, so number one same letter goes out to it. The idea is that you just have a general letter. That's not Dinah maker, not differentiated per person, it's really just a standard. It's.

H

Probably a standard letter and where we probably may have a box where we say it seems like this is a little and unclear to the parties. Do you want to emphasis- and we want to emphasize on that topic and please contact us if we can be of further help? Okay,.

A

H

You you're you.

A

And envision it going to everyone that.

H

Letter goes to who we think is not in compliance or is not fully understanding to see us fre Isis point and.

A

What and in your mind, what would trigger that letter being sent? Do.

H

You have some current use cases that that's a good question. It probably triggers a courtesy letter when we receive phone calls either from a landlord or a tenant for non-payment of the rental housing fee. It's a little bit more black-and-white. We see who hasn't complied so far, so we can just probably feel confident sending out those letters for the people that have not you know paid up their rental housing feast Patricia. You want to give some examples of K of people that talk to you about.

I

We could see something like this for potentially tenants that have not received a rent, roll back or an landlords that may have not be aware of some of the more detailed nuances of how to correctly apply an AGA. We have questions about that quite a lot still, and this would help support that endeavor I.

A

See and how what's the difference, then between the the Part one and Part, two I guess mm-hmm.

H

Again part one is just sending out a courtesy letter, just informing people of the help available and the topics that we can maybe clear up for them. Part 2 would be the dealing with real non-compliance.

H

So if it has been established that there is not compliance, what would the Rental Housing Committee want? How do they want to address that?

H

Whether it is through certain adopting certain regulations or whether it's adopting a schedule of penalties, and we would like to research those options for you, so you can make a decision on what or how you would like to address that. Okay,.

A

Thank you. That's helpful with.

C

The letters if I'm understanding properly right now, if someone does not pay their fees, we have no mechanism with which to remind them.

H

So so far, we've been under the the finance department kind of procedures, but the Rental Housing Committee has their full right to adopt our own regulations. With regard to that.

A

All right, any other questions Julia, you.

F

Probably told us before, but can you give us a sense how many instances there have been of a non payment of fees issue you know in the last year or so.

J

So, looking at fiscal year, 2018 2019 43 properties have not paid, and that would be a total of 1,000 $29 1029.

J

H

J

J

J

F

Are those at least that still outstanding, or is that okay so, and they have they have they received any kind of communications? It was kind of like asking about this.

D

So, do you know what the policy is with the finance department and and how they collect so.

H

In general, what Finance does with older invoices? Is they they put 1% from a penalty for late payment, and if payment has not been received within a certain amount of time, they might hand it over to a collection agency. Ok,.

D

So what would the difference between getting a courtesy letter and what they're doing now, our.

H

Courtesy letter comes from us and we want to know why they're not paying the rent and we want to delve a little deeper and hopefully they'll contact us, because right now we have no idea. Why they're not paying is the bill going to the right person, so we're going to try and contact them and establish a contact and see what's happening. Would.

D

There be a reason that we couldn't do the collections in-house as kind of kind of what you're saying it's stage, one of collections without having a courtesy letter for the other items as well. You.

H

Could do any of the above.

A

E

A

Questions seeing none any what any members of the public like to comment on this item. Alright, miss Keating.

K

Hello, edy Keating, so I was you know at a small meeting the other night and mentioned this agenda item coming up and now I'm clear about the difference between you know: sending communications mailers to all renters, subject to the CSF array, which I understand happens, sometimes to educate and this being much more specific and I think from a tenant viewpoint, to the extent that this might preserve some tenant confidentiality that it's a administrative group informing the landlord about laws that they apparently are not aware of, and you know it may not delay the tenant may well have already asked and here's a situation that came that was mentioned tenants who went to their landlord and said: there's a bug problem, please correct this and the landlord responded well I.

K

Think you owe me $8,000 before I go, spend that $8,000 to correct the problem. So fortunately you know we'll be directing, or you know, advising the tenants to you know, get they're, not paying $8,000 and get their bug issue resolved. But how many tenants don't even know about that? So you know that speaks to citywide mailers, but those tenants, I think would appreciate.

K

They're gonna need some kind of help and I don't know, I think they might feel more safe and anonymous, not getting too many steps into things, but the landlord getting a letter saying you really need to do this, and you know other tenants might work the situation differently and not have spoken and said.

K

Do I have a right to ask about that and started with the rental housing staff, and then those tenants would still have their anonymity and I think that might be a much more comfortable way for many tenants to initiate or see if they don't have to be the complainer, but had the landlord be informed that the matters and they they has to be corrected.

K

A

F

E

You for your comment.

A

Any other public comment on this item all right. Seeing none we'll turn it to committee deliberation, or would anyone like to begin I.

E

Like the fact that this is sort of community education and dinging, someone for the fees I mean so that we're accomplishing two things at the same time and we're still at such a stage of infancy, 4c sfra I think there are a lot of cases where people still need the information in order to know that they really better pay up. You know and I like that. It would come up from rhc rather than finance department.

A

All right anyone else.

A

We could start with emotion unless anyone well there's a yes/no vote on item number one. Is that right, okay and then for two? Is that yes/no and you'll kind of bring back or are you we'd, like some guidance on that as well? Okay,.

A

So I mean I'll, just well, I guess what anyone like to start with the motion and then I think we can comment on that as well. I guess the motion is just simply either in favor or not.

A

A

Do we have a we have a second on that motion, I'll.

E

Second, it sure.

A

So that there's a motion, all the table for item number one- is that correct. First can.

L

We just get clarity on what the motion was. Sir.

B

So I'll formally make the motion I move that we redirect staff.

B

We are in favor of administrative courtesy, compliance letters to empower tenants and landlords to better understand their rights and responsibilities.

A

C

A friendly amendment.

A

I'd offer sorry and then we did get a second on that right. Okay, great, so I think I'd offer that's the topic of research or that the scope of compliance letters would be.

A

Informational and I think this is that this is what Anki is getting at, that it would be informational to the parties, but not necessarily taking specific action, and it sounds as though it's relatively targeted to people whose staff believes has reached reason to believe that the the party may be out of compliance and again it's just informational. If that's that's already baked into this, then I feel comfortable. Supporting the motion are we: are you ready to take him vote on item number 1 on the motion? That's on the table was.

L

That an amendment to the motion, I think.

A

Just a clarification, I, don't I think was that included in your motion. It was.

L

Anything I said be accepted by the I will make her in the second or.

H

B

Let's do that is that, okay with you is that what you were looking for, I.

A

Think so I think it's more that it's targeted and again well make the final decision after you've come back with a another specific proposal, or this is this: is it.

H

We would start as soon as you guys Genki lights, but that's just information of coracii letter and then we'll come back with research about other enforcement options that you can decide about and.

A

And so right now there is no intent that you would say, or else, okay, that's what we would research and I, don't repeat it. Okay, then I'm not.

B

A

If the the amendment is necessary, okay,.

B

Oh I'll speak to my emotion, okay, but you chew it like a committee. Member Allman mentioned is that it feels like our committee is still in its infancy.

B

I mean it's what four years, three years, four years old, now three years three years, two and a half we're toddlers and I remember in especially in the beginning, there was a lot of confusion to what our law actually was and there's still confusion to what our law actually does and so any opportunity to clarify that through official channels is really helpful, because on on both sides of this law, we there there is misinformation and any opportunity we have to clarify that to the community is, is a win, and so that's why I'm in favor of at least having some sort of that pushes forth every once in a while, I do and I'm sure.

B

My colleagues here also get questions from either landlords or tenants being like. Is this allowed and I'm just like call the helpline and anytime? It's a really easy answer of just pointing them to the helpline or the compliance letter rather than having them dig through the ordinance or our regulations is always much better for everyone. That's, that is our job as our as being the board that interfaces with the community to make this easier for the community to understand these laws. I.

C

Just have a question when the compliance letters are, we envisioning a CC which is also called a courtesy coffee going to either the tenant if the letter is primarily geared for the landlord or the landlord, if it's geared for the tenant just to ensure that everyone's getting the same information, yes,.

C

So, just to clarify it would be very much like this is to inform you about it wouldn't be. We have reason to suspect that you are out of compliance because, as someone who deals with a lot of compliance, letters, one is friendly. One is pretty aggressive. I.

A

Think on that point, I actually I'm not sure how everyone would feel about copying all the tenants on the landlord letter or copying or the or vice versa right I mean that that could I think this is informational and you're you're out of compliance, you haven't paid your fee, I think for that, at least for that first letter, depending on what we decide for number two I, don't know if I'd be in favor of copying. All the tenants on that letter. Okay was that is that the intent or is that something we decide here.

H

You can decide that our background and thoughts word that if everybody has the same information that would clear up a lot of misunderstandings between landlords and tenants.

D

Question so tenant in a 20 unit building comes to the art, it comes to the administrative office and they receive a courtesy letter. Is that courtesy letter going to go to all of the tenants? All twenty?

D

Wouldn't it just be? The party's.

H

So you're saying, if, if we need to send a courtesy letter through a tenant to.

D

A tenant would you also send that same courtesy, letter to the other tenants in the building as well I.

H

Don't think so because and I am trying to envision an scenario where a tenant isn't complying with the CSF array, because most of the obligations are put upon the landlord of course, but if one tenant might not comply, that doesn't mean that all the other tenants are not complying. Okay, my.

D

Concern is that we currently have a complaint base system with 45 or so petitions and a 12-month period. Maybe it was 50 that's for a month, maybe- and some are very small and they're settled- that this would somehow maybe start out not so much taking place of that petition process. That's that's my that's. My concern. hmm Taking taking the place of a petition example could be landlord receives or tenant receives the courtesy letter and somehow the matter ends up as a petition and the hearing officer reads between the lines and said well.

D

This is this is what the administrative office for the RH C is. This is their opinion and perhaps or not. I just I have concerns I could get out of control. That's all yeah.

H

Thank you for those concerns. I, don't think we will ever express our opinions in any letter whatsoever. All we do is reiterate what is in the CSF re or in the regulations. That's as far as we want to convey the educational part.

A

D

Clarification Emily.

A

On your motion, you would that motion would be supportive of copying and I. Think the that's all he said. The most common use case is going to be. Let's say that use case of a about landlord who's, not paying the fee. Is your motion? Are you supportive of C, seeing everybody in the building when that's the case.

B

One of the concerns I have is.

B

Because another use case of this I'm, assuming is if a tenant comes and calls the hotline and says so. My landlord cut the heat on me, and so you just that, would be a good use of a courtesy compliance letter. It doesn't say specifically about the heat, but if you see see that one tenant, it's almost like someone totally snitched on the landlord and I, don't want that to be a concern either. But the idea of all of them is it's a protection bubble for that.

B

One tenant that that essentially snitched on the landlord, but it could get I understand that it could get out of hand like my complex has like 250 units but at the same time I want some protection, at least for that tenant. If they come forth with that kind of information, because I I don't want retaliation.

H

So if I may clarify, if, if the heat is cut with one tenant, that is usually not a reason for a courtesy letter, it's more like something that affects all the people in the apartment, the the one person where the heat is being cut. That is way better dealt with on a one-to-one basis. Why do we want to use mediation or the petition process, whatever the tenant feels more comfortable with? That is more easily arranged in that way, but it's more of a violations that would affect either all the tenants.

A

D

A

A friendly amendment, I might add, perhaps the first outreach for a particular building could be just a one. On one letter to the landlord saying you know: here's what we've heard or hear you know. We think that you may be out of compliance. Here's the information that you need. You would need to correct that.

A

If no action is taken, then perhaps you can CC everyone. You know you.

D

Have a petition process already: I, don't I, don't.

A

D

To replace the petition process and that's my concern well.

A

I think I think to some of the public comment or I guess my feeling is that a tenant could use this as an initial way to bring up the landlord we kind of know what our rights are. We think you may be out of compliance to the rights. You know we're not going straight. So what's you I think submitting a petition? Is you know both parties yeah its extensive?

A

Both parties are giving up a lot of information, I think there's a disincentive actually for both sides to actually go all the way through with the petition process and that's why we have mediation- and you know, I think this could be a good way to keep that anonymity of the person who's calling in.

A

Let that let the landlord know they're kind of unnotice. We know what our rights are and we think we see what's happening. Maybe it's right. Maybe it's wrong. Maybe they they're misinterpreting, but you know, then the next step is petition. The petition process always there for the tenant. We.

I

Have had both parties, tenants and landlords ask for an intermediate step such as this before having to file a petition, especially for tenants. They are concerned about negative action from the property owner against them for filing a petition, and staff has also heard of instances where that has occurred so having potentially having an option where it is a kinder gentler. This is a courtesy notice, so that you know that you may have some concerns here.

I

Please reach out to us and contact us so that we can help would be beneficial from from what I've heard on a day-to-day basis.

A

Yeah sure Emily I mean.

B

I, the 1i I get what you're saying committee remember: honey, um but I. Think the error in that line of thinking is that we're, assuming that people actually know their rights when it comes to this law.

B

It's really kind of sad I mean you you were here when, like there was a landlord early on, was in tears, because her tenants told her that they were covered on the sea sfra and that she had to give them a rollback, and it turns out she rented a condominium like a compliance letter, would have been super easy to deal with that, instead of worrying about what does the law cover, that that was that one was a fascinating case when, when she learned that she actually wasn't that she was except from the CSF all right, there are things like that that a letter would be just a simple fix for everyone involved, instead of going through the petition process and then finding out.

B

Oh, that actually is not a thing, but if.

D

In that specific example, the staff would have would not have probably accepted the petition if it didn't fall under the CSF RA.

H

Correct so what I hear is the Rental Housing Committee saying maybe a first letter out just to the concerned party if we are not getting a reaction, maybe a second coracii letter than weird copies to all involved am I.

H

D

We have a new, but do we have a new motion? I.

L

D

With everything to share.

L

Propose that as an a friendly amendment, so it's up to Emily and.

L

A

I think the friendly amendment is that an initial complete courtesy compliance letter would outline what staff knows or believes about the party being out of compliance, and it would only be to that person to the well in this case, I think the landlord I don't think we have any tenant cases right where we'd use compliance letter for tenants. I am.

H

Hard compelled to find okay, one case who.

A

Knows so, yeah I mean I. Think the friendly amendment is just that it would that initial communication would only go to the landlord themselves and I think we've added language to say. The next step is that we inform all parties.

A

Or I can with drop that part of the amendment we can just you know as we as we shot the moment.

D

It's just a courtesy letter. Yes, it where I think we're it's getting convoluted. That's my concern is now we're gonna. Do this now we're gonna. Do that I thought this was a courtesy letter. You haven't paid your fees, you need to pay your fees, please contact our office. If you need further explanation, I mean I, just I think the more we add to it.

D

We have a petition process I. Just it supposed to be a little courtesy letter right, I think.

A

My take on that is, there's also the for the anonymity purposes of tenants who, if there's, if they're suppose, to be a rollback or there was people.

D

Wouldn't it just be between the two parties, so I come in and I say: I didn't get it back and then she says: well, you should have gotten one so I'm going to send a courtesy letter to the landlord to inform them that we believe that there should be a rollback. I mean it's I I mean I, just okay.

A

But you're so it sounds like you're, supportive or maybe supportive of that first letter. Well,.

D

I'm not in support of any of this, but I think we were asked a question and and now we're making it bigger and bigger and bigger, and that's that's my concern. That's the only reason I'm not for it I think. A courtesy letter is a great idea. I'm just concerned: it's gonna get out of hand.

A

It's my friendly amendment to get back to that. Don't.

G

A

You comment since your motion I, think the friendly amendment is that it would only go to the landlord I'll take off the second piece, the second round of action. That would happen, but it would just go to the effective landlord. Are you willing to accept that? Are you willing to accept that friendly amendment? One.

B

Clarifying question should should a tenant reach out and be the reason of this compliance letter. Is there any way for them to check in with you to look for to see if a compliance letter was sent.

H

So here's the question and fern around.

K

H

So if we get a specific complaint from a tenant and as a result, we're sending this courtesy letter to a landlord should not even that tenant get a copy of that letter.

A

It was my quick take is yes that ideally, but I worry about from an anonymity standpoint that being preserved so now, you've got it in the system that it's been CC to or or maybe the landlord sees the mail go out that day, all right mm-hmm, you know I worry about the anonymity piece there, so I think you could verbally confirm. This is what we're going to do to that tenant as when they're on the call again.

A

This is getting more into process, but I am concerned about just really preserving the anonymity of the of the tenant.

C

One point we're talking about two different things: did I pay a fee? That is a yes or no answer, and then everything else is. We have suspicions that you may be out of compliance. It may be smart to parse those into two different types of compliant courtesy letters. If we're going to move forward with a courtesy letter because did I do or not do a thing. Well, that's pretty easy. No, you have your check has not cleared or your your electronic funds transfer has not. Okay, it's not done that!

C

Wouldn't need to go to anyone else. I could see that being embarrassing for a landlord who's struggling financially that just I don't like sending that to everyone else. You're, perhaps not rolling back your rents or you took more than the aga and you weren't thanked that's a different conversation because that's an allegation, that's not a yes or no. We have burden of proof. Yet so I think they would actually be two different letters and would need to be handled as two different letters.

B

Question for staff when you were drafting this first question, was this a thought prep? What was relating to the two separate instances was your thought for the first question, just about the payment or about okay. So this was a long.

H

B

H

Okay, so not complying with the CFR, it comes with certain consequences, and not a lot of people might be aware of that. If a landlord doesn't materially comply with, this is afraid he's not allowed to increase the rent. So those are things we would like to communicate in a letter to the landlord.

A

In its start to clarify that in splitting them would there be additional other than the actual content of the letters? What would be different about the second item? Would you want it to be? Would you want it to CC all tenants, or would you do you want to be treated differently than the first or the.

C

First item would just be a I mean nicer way of saying it, but hey you forgot to pay us. Please pay us Thanks.

C

If you don't pay us, you two are not entitled to these things, and that just goes to the landlord and we move on, and hopefully they call and pay or explain whether or not the other I think is something where there would need to be some public accessibility to it, because I think, if we are not allowing the other party to know that the letter went and what the terms of it are, how would we reach a resolution without a petition?

C

You know if I don't know that you, as my landlord, got the letter that says. Oh, this is how the aga works. This is how I banked increase works. How do I know if I need to file a petition, because my rights are being infringed or did you actually do your AG a correctly and you're? A good landlord and I just didn't realize that you had a bank in Greece. You know that's where I think there would need to be some accessibility, maybe not a courtesy copy, but something where it could be seen and I.

C

Don't know how to do it without a courtesy copy I like courtesy copies, because I'm lazy and they're easy, um but you know maybe we could have it upon request. It could be a Public, Information, Act request or something, but then I just think you get into. Could it be used? And maybe this is a question for Council as a data point? If somebody brings litigation I just you know, I think there's pros and cons, but when the no go no go, no go task of. Did you pay or not, I?

C

Think a simple letter is fine.

F

So I think I. Think Nicole makes a really good distinction between something, that's pretty profound Tori to say: listen, you haven't paid Koff up and I. Think that's something that most of us can it's a very simple concept: it's an administrative function and I think that's something that I would support, but going beyond that I think it's actually. This is a very significant issue, because I think we would then be delegating an enormous amount of authority to staff to determine what specific issues are out of compliance or I. Think that's it's it's.

F

It becomes a very much more complicated exercise to determine how exactly these communications are presented to landlords and the specific language at issue and I think that becomes a bit more delicate. We're trying to be.

F

You know we're supposed to be impartial, I, think the tone of the letters is significant, where you want landlords to feel that they're part of this process and they're gonna get a fair shake and we haven't got gotten to it yet in the agenda tonight, but I think when we look at some of the tenant, buyout issues I think there's certain things there that give me some pause in terms of how those communications are seemingly structured, I.

F

Think I, think you know to the point about CC'ing these communications and I think that's a bad idea. I can certainly see how a landlord could be not making a payment for whatever reason, and now that's blasted out everyone in a complex and I I'm. Sure there's gonna be someone, that's gonna, say well: I'm, not gonna pay my rent this month because you haven't paid the fees at you. Oh and that's gonna happen for sure. Someone's gonna say that.

F

Well you didn't pay and now I'm, not gonna pay and we're gonna have that type of problem. So I think CC'ing is a really bad idea. Just like I try not to see too many people in emails, because you don't know who all these people are now they're gonna get your email right. So I think this should just be a straightforward thing.

F

It should be if you didn't pay, here's your compliance letter and now you should pay and then I think we should address this again later on as we maybe when we're three and a half years old and not two and a half years old, we can think about if we're ready for like addressing some of these compliance issues, which I think are gonna, require a more delicate and involved approach than simply just delegating it to staff, to kind of figure out what letter, sis and and when this to send them and how specifically to to raise some of these issues.

E

I'm getting a little confused. Are we saying that we are only gonna go with the straightforward? You didn't pay this. What does that mean? Also the roll backs and everything else, we're saying we're.

A

Not gonna include.

E

Those as compliance letters.

A

L

The floor that is not that limited so and I have not heard any acceptance of any amendments to that emotion.

A

So I think the amendment that did you approve my original amendment or so.

B

I am open to amendments, but you're gonna have to remind me exactly what that man knows, because we did a whole roundabout of what this is. So my motion was pretty much yes to the first question. Any amendments I am open to adding amendments, as you see fit, I'm happy with just my yes, okay, so.

A

I'm, open I will edit my my friendly amendment to say that we can. We will limit I think we probably maybe should limit this initial courteous compliance letter to non-payment of the fees and then in the research. Maybe in item number, two I think we probably need to discuss all options further regarding what to do when there is a complaint, and perhaps we want to have a way for tenants to maintain anonymity and no, no sorry that'll. Come to that sorry.

A

Just the friendly amendment is just too limited to non-payment only for now for atom number one, and then we will discuss item two.

D

A

Not actually part of my friendly and I'm, just the first part, I just said.

A

Do you accept that as a friendly amendment.

B

So this is just for the better have my money kind of letter, that's the street for one and only sent to the landlord and then we're gonna deal with number two.

B

I'll accept it I.

A

Second, it okay, great, so I think if we're ready to vote all in favor of the amended motion, say: Aye, okay, yep three, so we've got three votes in favor or wait. It's a yes yeah! We have to be about some favor all opposed all right.

A

A

Okay, is that good for for number one sorry.

F

I abstained. If that wasn't clear. Sorry.

A

So we've got number one squared away, so we'll move on to number two and the question on the table is: is the arch see in favor of staff, researching options for a more proactive administration compliance process to bring back in a future meeting.

A

Do we have any motion I'll.

B

Make another emotion another Russian, uh the RAC is in favor of staff, researching options for our mower for that proactive and initiated complying process to bring back to a future meeting.

B

It would probably include what we just kind of took out of the first question and and perhaps other ways that we can find a more proactive way of letting people know their rights and this law and inviting any misinformation.

E

I'll second, the motion: okay,.

A

Shall we give more detail or necessary? Okay, are we ready for a vote? Would anyone like to comment on what they would like to see in this.

C

Just not too aggressive, please would be my main commentary. An allegation is an allegation. It's not fact, and as someone who has seen a lot of compliance letters there's a very big difference between you have manipulated the market and you may have done something by mistake that led to market manipulation. One is an accusation. One is an informational, so I would just try to stay on the informational side and maybe I'm negative on compliance. Letters because I see them a lot. So.

H

Are you know referring to number one or number two number two? Oh, because that would include probably at least for us bringing back to you all the options that are available for you under the sea's every I'm.

C

Just saying positive options: options where we're positive in language are cool.

A

Well, I think we should call.

C

F

A

I've been I think we could give you some additional guidance under this rail, so we are voting on the motions minted by Emily too, in the affirmative or in favor of staff, researching those options for us all in favor. Aye all opposed all right, then any other commentary that anyone would like to direct to staff. Why.

D

Don't we see what they bring back to us? We.

A

Can do that yeah I think my only thing to add would I'd like to see some comparisons versus other jurisdictions, as as we always do all.

A

Right are we all set on that one great. So now we got item 8.2 community outreach and communication plan overview. We have a presentation from patricia.

I

Item 8.2 is an overview of the community outreach efforts for fiscal year, 2018 19.

I

The purpose of this is to update the rental housing committee on community outreach and education efforts for the C sfra in June of 2018 staff, briefed the RHC on outreach efforts to inform the public on the CSF or a staff refined the outreach goal from fiscal year 1718 for fiscal year, 1819 to increase community awareness and understanding of the rental protections and related services available for landlords and tenants in amount in Mountain, View in a manner accessible for all and the objectives to support.

I

This goal were to develop consistent materials to clearly communicate the C sfra, to increase engagement, to better inform and assist the community and to improve program, efficacy, efficiency and compliance to improve transparency and foster trust in order to support this stuff performed a variety of activities throughout the year, including, but not exclusive, simply limited to the following. We created and distributed by annual newsletters that were mailed to all tenants and property owners in Mountain View.

I

In doing so, we also have them available in Spanish and in Mandarin. We've redesigned outreach materials, including reformatting of all petitions, based on feedback received from community members. We increase the number of workshops facilitated and the number of community events that we attended and we designed and deployed two phases of the rent registry online platform diving a little deeper. Our major accomplishments included thirty-one forms templates and additional materials designed and distributed, the majority of which are available in all three languages and can be found on our web site.

I

We redesigned four brochures developed and distributed those materials we attended or hosted 44 workshops, clinics and events, and we updated and maintained twelve website pages diving a little deeper into outreach.

I

We did quite a lot without reach this year. As you can see, we actually do quite a lot in general. With this program, we had, as I mentioned, the two newsletters that went out to everyone. Sixteen online and print media advertisements were done through the Mountain View voice this year, we'll also be expanding, that into additional media in different languages.

I

We mailed out seven workshop postcards and we do see a significant increase in the number of enquiries that we have from those mailings, both at the workshops and just in our offices in general, and we did complete 12 monthly status reports which are posted online.

I

This is a little example of everything of some of the things that we've done this year, including you'll, see our workshop flyer, the one of the postcards that went out for workshops, it's actually in Spanish on the back, so we're targeting as many people as we can and then to screenshots from our website. The first one that you see there is all of our workshops are posted. The powerpoints are posted online in the coming fiscal year.

I

Those will also be posted in Spanish so that people can access them in more languages and then the last screenshot that you see there is our newsletters. So if you go to the website, you can always find these materials and they are available to be downloaded another one that we would like to highlight is. This is a screenshots of our Property Owner petition. They have been reformatted for property owners to use the process a little bit.

I

Each section now has an overview of all of the documents that you need to gather to be able to complete the worksheets and in fiscal year. 1920 staff is working on making these all fillable forms. As you can see here, there's zeroes in these spreadsheets and that's because they're starting to auto calculate as the year goes on, we'll have more in-depth, Excel workbooks as well to support this process and make it easier. We.

I

Also hosted as I mentioned, 15 workshops, 24, petition clinics and 5 outreach events were attended. That is a 131 percent increase in this activity over year over year and between the participants at workshops and clinics. There were 249 people that attended and to highlight workshops a little bit more. We had 191 people come to our workshops and the highest attended. One was maintaining habitability, which was at the tenant focused workshop in April with 40 participants. We did send out a postcard and we think that that's one of the reasons why that was well attended.

I

We also provided bilingual support for whoever needed it at five workshops and we started to deploy a survey after the workshops for all attendees. We had 97% that that agreed that the workshop was useful, 97 percent that agreed that the content was high-quality. 97 percent agreed that the content was understand. 81% agreed that their questions were answered.

I

There was also 14% in there that did not respond to that question I'm guessing because they didn't have questions that they asked and then a hundred percent of our respondents agreed that they would recommend the workshop to someone. So we're pretty happy with that.

I

The next thing we'd like to highlight is the Mountain View ramp portal and right now we have the two phases done, so um property owners can register their properties and their units online and submit require noticing, in fiscal year 1920 we're working on having the tenant and landlord petition process, be something that can be done through this portal. We're getting somewhat close with the tenant petitions right now.

I

It's quite a lot of backend work, so we're going through that process with tenant petitions and once that's done, then the property owner petitions will follow and for the coming fiscal year we are going to continue with this outreach and education goal and with the objectives as outlined earlier. But our activities are changing.

I

Well stood still do the the ones that we did last year: updating and maintaining all of the materials as necessary, mailing out and creating those biannual newsletters, but for objective one developing consistent materials to clearly communicate the CSF array. We will be working on redesigning the website to help communicate important information more clearly and we will be creating and distributing an annual report and then for objective 2. We will be fostering public engagement more through interactive outreach opportunities and partnering with additional community organizations in different languages and developing interactive workshops.

I

So we actually have an increased number of workshops that we're planning for fiscal year 1920 and those will include workshops where property owners can come and learn how to fill out their AGA increases. We had some requests for that and we think that would be really helpful and also for tenants if they need help filling out petitions. Obviously we already have repetition clinics, but we're formalizing it into our workshops, a little bit more and then the last one objective.

I

Three, we will be deploying more customer service satisfaction, surveys to help us get tangible outcomes for everything that we do. So all of the petition processes that people go through with with our office will have a customer service survey. For that one thing that staff would like to mention is that was a important.

I

Objective one success is that we have rebranded the program's name from the CSF, our a program which, when we're on the community, turns out people had a really hard time understanding what that was to the City of Mountain View, rent stabilization program. So we already started deploying that name on other materials and you'll, see that as we go forward from here on out- and that concludes staff presentation and ready for questions. If you have any all.

A

Right committee questions Emily do.

B

You have a calendar for workshops next year, yet we.

I

Have a tentative calendar, but it's not yet public do.

B

You know what that will be public.

I

Before before the calendar year starts so I'm shooting for an end of November, beginning of December.

B

Are you looking at having the workshops based on what provided more higher attendance or what you've been asked more questions about we're.

I

Gonna continue with a lot of the topics that we have this past year, but then also expand the number of workshops, so we'll have more topics.

I

We want to make sure that we're reaching as many people as possible and some of the you know, as with anything starting a new program and having a lot of outreach and a lot of workshops, which the number that we're producing with our tiny team is quite a lot. um We want to make sure that people can really access them.

I

We had some really valuable ones, including two that are coming up, essentially learning how to speak with and work with your property owner or learning how to speak with and work with your tenants in a helpful way. Those are coming up at the end of the year and we want to foster that kind of community conversation more. So we will have those continuing.

I

We have a few other ones that we're excited about we're, also going to be hosting some of the Senior Center, specifically during the daytime, so that seniors can attend and the locations are going to change. So this past year we held them at the Plaza because it's accessible and the community center was not yet open. But now the community center is open and so you'll be hosting some there and we're also going to continue to do more outreach through the school districts.

I

So we had a few opportunities where we were able to present through the school district last year and we'll be continuing that, with with more outreach through the school districts and hopefully even attending PTA meetings and doing quick informational. This this exists here. This is what's going on, and this is why and we've had that request from the school districts. So it's not just us seeking just school district style but they're coming to us requesting that information.

D

Very impressive yeah, so what um I know we have project Sentinel, that's available to answer phones and do some things to what when I know, we pay them quite a bit of money and we so we've got four staff members now correct full time: staff members in our office good great and then what's the interaction with project Sentinel, cuz I haven't heard their name brought up lately. Oh.

I

Project Sentinel runs the Mountain View rental housing helpline as they have since they started with us with the program, so all of their roles and duties have remained the same. They also oversee the hearing administration, just as they they have for the past few years. So all of that is continuing, so.

D

Are do the calls come in to project Sentinel first before they come in to staff, or how does that work? Typically,.

I

They go to the Mountain View rental housing hub line. Yes, thank.

D

A

Quit its are any other questions, a question for me on the distribution of the cards and the mailers. What's what is our distribution right now, so.

I

For the newsletters they go out to all tenants and all property owners in our database, which is pretty extensive. At this point, it's relatively accurate. We believe which is good. We don't get a lot of returned mail which is a good indicator of that and then postcards we send out if, if it's a landlord based workshop, we'll target them postcard mailings to property owners if it's a tenant based workshop, we'll target it to tenants and then, if it's one, that's open to everyone, we'll mail them to all tenants and property owners in our database.

A

Do we have any reason to believe that the coverage their gaps in coverage of the buildings that I mean I know you mentioned the forty-three buildings that haven't paid, but do we have any other signals that we may be missing? Other buildings or I.

I

Think the indicator would be more the the language barriers that lien missed opportunities for outreach, which is why we're really starting to focus on making sure that we are providing the materials in as many languages as possible. As for perhaps missed buildings, we we, we believe, we're pretty spot-on with it. At this point, all right.

A

Thank you. What.

D

What languages do we offer on the helpline if somebody were to call oh, do.

I

D

Have Mandarin and Spanish they.

I

Have fluent Spanish speakers at all times, any language that's necessary can be utilized through translation services and I believe that they do have relatively regular access for Mandarin speakers, but at for instance, if someone called the need to speak in Russian, we can get that service for them.

A

Any public comment on this item all right, seeing none any final, closing comments from the committee before we move on, or was there any any specific feedback that thought you were looking for? Okay,.

B

I had the opportunity to go to a couple of the workshops this year. Those were always fun and like how I mentioned before it's, it's actually kind of studying how people actually don't know this law, and it feels stunning to me because we work with it day in and day out, but like you're, just like Oh normal person, normal person doesn't know the law, but that's that's good to know. I, so I suggest people checking out.

B

My fellow committee members checking out these workshops when when they get the time, there's a lot of them, so you have a lot of options. I do believe that we need to let unki know where you are going that way. We don't violate the Brown Act or anything like that. But I do recommend. We all go! Oh, and when are we gonna have an open house for the new office.

I

Probably in the spring.

I

One thing just to mention is that we are continuing to work on paring down language from the more legal language that we had at the beginning of the program to be now more accessible as we move forward just to make it more relatable document so that the outreaches as effective as possible. So that is continuing. That was one of the main focuses of this past year and we will continue that effort, I think probably in perpetuity.

I

So just just just note that things change in our program and we're working hard to make sure that people are as informed as possible.

A

All right thank.

D

A

We appreciate all the work that you're doing on this front, so we'll move on to 8.3 tenant, buyout agreement process overview I.

G

A

We have a presentation from Adria all right.

J

All right, the purpose is to receive an overview of 10th by out notices received to date and background. The CSF array provides that a landlord can only terminate a tenancy for one of nine specific just causes. These just causes include necessary and substantial repairs, owner move in withdrawing the unit permanently from the rental market and demolition which are all highly regulated and subject to tenant relocation assistance.

J

These restrictions may create an incentive for landlords to offer monetary compensation or other consideration to tenants who agreed to voluntarily vacate a unit instead of a formal termination process. These agreements effectively circumvent the requirements of the CSF array, the Ellis, Act and tenant relocation assistance on February 11 2019. The rental housing committee approved a resolution adopting chapter 8 and in biodag Riemann's, which regulates aspects of tenant, buyer agreements by informing tenants of their rights and allowing fair and mutually beneficial arm's length. Agreements between tenants and landlords.

J

Chapter 8 requires that landlords must provide each tenant in the rental unit in disclosure form explaining the tenants rights before entering into an agreement and that each tenant buy out and be a written and signed document.

J

Here the rental housing committee has published a disclosure form online on our website and it's available in English, Spanish and Mandarin.

J

Tenant buyout agreement regulations require landlords to provide the rental Housing Committee, with a copy of the disclosure form that is signed and dated by the Landlord and Tenant, as well as to provide certain information about the tenant buyout agreement itself.

J

This notice of the tenant buyout agreement, request names of the landlord tenants location of the rental unit and the total amount of consideration that was paid to the tenant landlords must provide a copy of the disclosure form which is signed and a notice of the tenant biown agreement within 15 calendar days after execution of the agreement.

J

The online database allows landlords to comply with their obligation to submit the notice of the disclosure form and the tenant buyout agreement, information to the rental housing committee once the landlord registers, their property online and uploads, the notice, through the module, CSMA staff, will review the information provided and will send an acceptance email to the landlord in the event that the landlord desires to make a correction to the notice or has rescinded the notice. There is a option built in to the online database that allows for the withdrawal or editing of the notice.

J

So to date, the rental housing committee has received copies of five disclosure forms and notices of tenant buyer agreement information. In the five cases they involve three properties, each consisting of between three and eight units and the tenant. Bio and agreements include compensation packages varying from ten thousand to forty thousand dollars.

J

That concludes the update of tenant, buyout submissions.

A

All right any questions of the committee.

B

For the in terms of information submitted, do we know why they were being taught? Is that not a requirement? We don't have to know like we don't know if they're, redeveloping, cuz or.

J

I I do know in these cases they're not redeveloping at the moment, but we don't ask for that information. So it's not required.

B

In terms of sorry I'm still going questions, do you have a general sense of how old these apartments are that they're doing the buyout of, or do you have a sense of how big the units are? Are these families that are doing the buyout? Are these single individuals are doing the the buyout.

J

That specific information, but just in these general cases, I believe most of them were single and not families. From the information that I received from the landlord, with the tenants, names and.

B

Then the unit size, so the consideration paid, is that per unit. Yes,.

J

B

And then for the property property unit size with.

J

The building size so property a has, eight units total and B has 3.

J

B

In terms of property, a one person was bought out, probably be one person was brought up, bought and improperly C. Three people were bought out at those levels, correct.

B

In property, a and B were there other residents in the other units, I'm.

J

B

A

F

So, on the second page of the staff memo and in the second paragraph, there's a reference to it in regarding the notice of the tenant buyout agreement that once approved, the landlord will receive a letter of acceptance via email and so I'm. Just trying to determine where that comes from that that we get to approve.

J

An email saying that we have received their submission yeah, but it's not an approval or denial of the agreement that they made with the tenant. Okay,.

F

So I guess my question then to counsel would be that makes sense to me so appreciate that. But my question for counsel then would be: is there any requirement that per our regs that you know we approve the notice, because my understanding was that the landlord has to provide us that notice, but we don't then have an option to in theory, reject the notice. Is that right, yeah.

L

I think that's correct, I think what staff is saying. The landlord gets a courtesy, email that it's been received, so they know they've complied okay.

F

I, never ever another question on the bottom of the attachment to the tenant. Buyout agreement form that goes online. The very bottom there's a certification from the landlord that the properties in compliance with all provisions of the C, sfra and I'm wondering where that is coming from that the landlord is, you know, required to make that certification are.

B

You asking if we are asked, are you concerned that we're asking people to comply with the law I'm.

F

Asking well when I look at our eggs I, don't see that that's that that certification is something that is required in order for a tenant, buyout agreement to be submitted or processed, and so my question is where specifically and and it could be in a lot of places, so I don't know, I'm just wondering where see the bottom, that there's a certification that the property's in compliance with all provisions of the C, sfra and I'm, just wondering if there's a place that we're getting that directive from to put that in there or was it.

F

Maybe just the best practices idea or what have you because I think, potentially that can become an issue where everything's all ready to go with one of these forms with one of these agreements and then you have to pause and say well, wait! A second! Is there any any potential problem somewhere under the CSF RA, where I'm not in compliance and now can I submit this?

F

So my question is just: is there a like a regulation or something that we're pulling that from or is it the thought process that it's just a good kind of practice that to request that certification of where we getting that from.

F

Okay, thank you and then my last and final question. It's on the second page of the tenant, buyout disclosure form.

F

It's a declaration of the landlord that's under penalty of perjury, but then the tenant just verifies the information not under penalty of perjury, and it's kind of a similar question I'm just wondering because it's just you know it's a significant thing to say: you're, seeing something on a penalty of perjury and I'm wondering why only a landlord does that and not the tenant. If there's reason for that.

L

Well, I think the notice is given by the landlord. So all the information in it is the landlord's information the tenant is just indicating they've received it. So it's a check and balance for the landlord that they've got the tenants verification it's received because you have to have given the notice for the buyout to be enforceable.

L

So the tenants not regretting any information in this notice. Okay,.

F

And I okay, I mean I, think.

F

Okay, I think I think um there might be a little ambiguity in terms of how the you know, I've, given a copy, whether you personally provided it or how you served it for the landlords that I'd want to maybe clean up a little bit, but um that's helpful. Thank you.

A

K

Any other committee.

A

Questions we can move to public comment any one for the public like to comment on this item.

A

I'm, seeing a nodding head, no shaking it, okay, all right so seeing none. We will we'll move on any any final comments or any other questions. I'll keep you from your side.

H

It's the rental housing committee interested in periodically getting updates on these types of program, parts, okay, good sure,.

A

So I guess my last question would just be what what's is this the volume that generally we expected our other jurisdiction, seeing higher volume.

H

Into that I don't have the numbers from the out of yours dictions right now and we're still relying on what is being sent to us. Okay, yeah.

A

Exactly I think I remember from our discussion for this item when we passed the the regs that we were hoping anybody have mechanism to bring bring this to light, so things aren't happening that are outside of that aren't square, so I'd be interested. If, if you have any insight into whether we think there may be other activities happening out there, that's not being captured within this, but you know otherwise. Thank you for the thank you for the data all right.

A

Moving on to item 8.4, quarterly review of consumer price indices for fair return, calculations of petitions for upward adjustment I think we have a staff report. Patricia I see you already.

I

Item 8.4 is our quarterly review of consumer price indices, and the recommendation is for the Irish seen to receive an informational review of the consumer price indices for a fair return. Calculation of petitions for upward adjustment of rent we're gonna go over this pretty quickly because we've done it before sections 17, 10 and 17. 11 of the CSF are a charged. The Rental Housing Committee, with permitting regulations to clarify the petition process and ensure rents are set to allow for a landlord's valid return.

I

Petitions are heard and decided by hearing officers and may be appealed to the RH scene during the July 24th, the 2017 meeting the RHC adopted a fair returns standard based on the rent of primary residence, which was defined as a certain set geographical area and then was refined by the federal government about a year ago, year and a half ago in March 26th, that was when the fair return standard geographical area was updated based on the federal government and then back in November 26th of 2018.

I

Then chair Ortiz requested monthly updates of the CPI and quarterly comparisons between two indices. We also added the third one in there, which is the housing index and staff would like to remind the RHD that is within your purview to review and revise regulations as necessary, which is why we go through this exercise. The three CPI indices that we look at are the all items: all urban consumers, the CPI housing and the CPI rent of primary residence, which is the current one for the M Noi fair return standard for petitions right now.

I

The three indices look like this, so this is going back to when the orange C and the C sfra started back in December 2017 through the most currently published index, which is August of 2019, and we have 23% for the CPI rent of primary residence, 19% for CPI housing and 14% for CPI of all items.

I

So you can kind of look at this as a compounding of percentages month to month year to year, and this is how it's used in the petition process for the maintenance of net operating income calculation, and it determines helps to determine whether the AJ maintains that property's net operating income and if calculation results are in a negative number. The property may be subject to an increased greater than the aga. Now you've seen all of these tables before, because we have not had any new landlord petitions for a little while, not since May of 2018.

I

However, so we're just going to skip over these because we've talked about him, and this is the differences between the what the adjustments may have been based on the data that was provided by the property owner between the two indices.

I

But staff would like to note that we are going to receive at least two property owner petitions within the next month, or so perhaps three four one, two relatively large properties and one smaller property. So I do want to bring up that this. It will become more irrelevant and then coming months as we start to process those petitions, and perhaps staff would like to make a suggestion in when we review these. Perhaps we review them there actually could consider reviewing them when we have those property owner petitions to update these tables.

I

So that concludes staffs presentation on the CPI and ready for questions. If you have any.

A

Thank You Patricia, so we'll start with committee questions. Anyone have questions on this item.

A

All right, I will move to public comments. Any public comment on this item.

A

Seeing none we'll go back any.

D

A

Comments from the committee, particularly regarding the proposal from from staff.

A

Sorry, it sounds like the proposal was the weather to review this.

A

When we have another batch of petitions that come in just to run the calculations I assume to run the calculations on all those okay.

A

Any comment on that sure.

A

B

One question based on the ask when we're bringing this back for us to review it again. When is this to me at a time when we're doing that right now,.

I

It's on a quarterly.

B

I

B

Will you have information about the three large properties.

K

I

They're filed so yeah that it could be the next few weeks it could be the next few months I. Thank you. I.

D

I would like to recommend quarterly contingent continue. It.

A

Were you proposing a an agenda item before that, or is this something that we could kind of pass on to the members of the rental housing committee I.

I

A

I

Been conversations in the past about having this be an annual update or a biannual update and thinking of those options, I was considering that that maybe might be more amenable to our agency to have it be when it's relevantly tied to current petitions, I see.

A

I

We always have the see I update in the monthly status reports, so it's really these calculations that are what we're reviewing during these quarterly updates.

A

Yeah I mean just might take I, think I think we had set this up with a concern that the difference could grow significantly. You know get out of control. Depending on the number of petitions. We had I liked the recommendation to provide that information and maybe back off on the number of you know dedicated to gender items that we have to review this issue.

A

If that's, if that's what you're proposing okay I'd, be supportive of that, but I want to get comment from everyone, so.

D

So, are you recommending that it be done annually by annually I think.

A

Having a dedicated gender item, maybe we move to annually and say we're at quarterly right now, but yeah again, if there's a way to I think this is already in a chronological order.

A

Right looks like you know: I'm, not sure what order these are in, but if you could just kind of tack on new properties that even that are not yet adjudicated, you know if it's, if you know just kind of monitoring as the petitions come in and I think as you've highlighted, that last column is the one that's most important, so I'd be interested in seeing that so.

I

What do you like staff to present it as it's relevant as we received the petitions or strict annual? Oh.

A

Sorry, if I'm unclear I, my preference would be to see the data via the channels that we already receive relevant information and then just have the agenda on the dedicated gen item on an annual basis.

I

So you would like this data in the monthly status report.

A

This data currently is only available via when you present it to us in an agenda item. That's okay. Is it possible to provide this in a running document.

I

You'd have to clarify for me away: I would.

A

Like that, this is all done, but you don't need to do any rework on any of the properties that have already passed petition right, so really you'd just be adding on new petitions as they come in and just filling out. I think really that last page is the one wouldn't.

D

Wouldn't we do it when the decision is made not when the petition is filed, no.

I

These are not based on the hearing officer numbers. These are based on the numbers, as provided by the property owner. No.

D

No I understand that, but I meant updating it when the petition is finalized. When when the decision is made versus when a petition is filed, we.

I

We could either do it when the petition is formally accepted by staff and its public or when the petition has been fully adjudicated. It's up to the rhc to determine I.

D

Would recommend fully adjudicated I.

A

Think I agree with that, just because I think when it's first, you need to receive a lot of information to get to this calculation right. No.

I

This is in the petitions, so.

A

But don't our petitions get rebid revised? That's.

I

All hearing officer, we don't revise any of the information, so once it's in staff staff's hands, the numbers as provided by the property owner, are what these calculations are based on. Okay, so the numbers that you see here are not the adjusted numbers that the hearing officer has used to determine an outcome. This is just going off of what a property owner has provided and how that would be effected by using the different index. I see.

A

Yeah, that's a that's! That's an interesting point actually that so this isn't actually the difference per unit that that.

I

Was this is the difference per unit, as provided by the information provided by the property owner? This is not the outcome of the petitions got.

A

It we received that information, though separately, when when we there is that in a similar table, that's easy to digest. We.

I

Have one that has been provided to you in the past, the data gets a little bit complex with the tenant hardship petition process. Now staff has provided you that data and based on provide a variety of different ways to access the information, whether that's the initial, what the initial outcome of the petition would be if the there was no tenant hardship, petitions for a property we've also provided it to you, um based on what the actual outcome was. But again it does get more complex with the tenant hardship, petitions included in it.

A

H

Usually, gift at overview once a year when we review it yudice the status of our petition process and processed petitions, I.

A

A

I'd be interested in seeing that affective difference kind of next to the the I.

A

Don't know we'll call this one. The the initial calculation yeah I think that's a good distinction to keep top of mind because yeah it'll that out to be different. As far as how often to to see this I.

A

Is the OL is the most effective.

G

A

To to have an agenda item separately is that what you prefer or yeah okay, we could.

D

We could do we.

A

Continue to do this another quarter, if we wanted to do that unless people are back off annual I guess I'll ask for committees, input on that I.

E

Would be okay with twice a year all.

A

Right split: the difference: okay, okay, it seems like a good compromise.

F

A

Right, let's so, let's go twice a year on this and then yeah. If there's a way to publish this, but then with the effect there for each of the properties, I think that'd be interesting.

I

Stuff is Brent planning to give the petitions update either the next agenda on the next agenda, or the one after so I can provide that information for that agenda item, or at least I, can try. Okay,.

A

A

Right. Thank you very much. We'll move on to item 9, I think dates.

H

Thank you. I would like to give an update on what has been discussed in the last city council meeting with regard to potential CSF amendments.

H

The main issues that were discussed were a relationship between around housing committee and city, a specific petition process for certain capital improvements, the annual general adjustments of rent and regulations for mobile homes.

H

The City Council discussed the relationship between the rental housing committee and the city and recommended to only provide oversight on legal action taken by the rental housing committee and possible budgetary implications for the city. If the CC for a budget would not suffice to provide funds for such legal action, they also were in favor of appointment and removal of rental housing committee members, and they also indicated they were open to appointment of non-resident property owners if there were not enough Mountainview candidates for the rental housing committee.

H

Thirdly, they also request to have attitude Aziza furry that they might be able to delegate certain tasks to the Rental Housing Committee that were not provided specifically through the CSF very such as implementation of a potential mobile home ordinance and indicated that in such case, when they delegate tasks that funds were to be provided by the city.

H

They also discussed a specific petition process for certain capital improvements, separate from the M&Y procedure that we currently have developed with our regulations.

H

The categories they would feel would benefit most for such petition process were those capital improvements that were necessary for compliance with health and safety codes, environmental sustainability, and that would extend the useful life of the property. Their guiding principles would be that these capital improvements should benefit tenants and especially for the environmental sustainability. It should reduce tenants costs and they would like to exclude any luxury improvements that do not comply with the necessary for their codes or for environmental sustainability and as a example, they gave granite, countertops or just improvement the quality of certain improvements.

H

They were also in favor of asking the rental housing committee to develop such a separate process, separate from the current fair return petition, a.

H

Third topic was the annual general adjustment of rent. The City Council could not come to one recommendation back to the subcommittee and the discussion is still open, whether to maintain the current AGA at 100 percent CPI, or whether to sext set a fixed AGA percentage or find a hybrid between the two of them. So this is again subject to a subcommittee discussion on October 14th 4th. As a four topic, the regulation for mobile homes was discussed. City Council recommended that it's being addressed via a city council ordinance and as a potential timeline.

H

This could be brought back to the City Council in the first quarter of 2020.

H

The City Council also indicated that sees a forum enos's a fair amendment that mobile homes are not covered by the sea Safari and, as mentioned before, they had would like to see if they could assign such implementation and administration responsibilities to the rental housing committee.

H

This is the timeline. As you can see. The next subcommittee meeting is on October the 14th, where they hopefully will look at draft language and discuss all the different amendments that are being considered finalized the language on November 6th and their 5th meeting, and then hopefully bring it forward to the City Council on November the 18th. If they want to submit it for a ballot measure in March of 2020, December 6 would be the deadline for them to submit such ballot.

H

That ends that presentation.

A

Thank you any I guess it comments from committee.

B

Is this the whole committee staff announcements reports section there's another one, and then we have another for committee, member report, outs and stuff like that, okay, and so that will be after the next item all right. Thank you.

I

Item nine point: two is the monthly status report for September of 2019. This is the one where we go a little bit more in depth than we do every month. So, as you can see, we've been pretty busy for the past few months with all of the information requests going through the mountain view: rental housing, helpline they've received 70 emails, a hundred and 50 phone calls and 28 walk-in clients in the past three months and those information requests are broken down in that newly updated and re categorized pie chart there.

I

So you can see that the other CSF ray category is much smaller, which means that we get more detailed data and most of the inquiries are having to do with Just Cause eviction, issues and clarification of the annual general adjustment. As you can see, roll back issues are still coming in at 7-7 inquiries and we had a 16 related to habitability.

I

We've Mountain, View rental housing helpline has provided two tenant landlord initiated conciliations and three tenant initiated conciliations in the past few months and a brief overview of petitions. We have closed out all of our petitions for fiscal year. 1819, which I'm very excited about, so we had three landlord positions that were filed, one of which was with John, one of which was not accepted and one of which settled we had 40 tenant petitions that were decided and one tenant petition that was withdrawn and seven settled petitions for fiscal year.

I

Twenty nineteen twenty we have so far received 710 in petitions, five of which, during the month of September, we're still in the hearing process, one of which had settled and one that was not accepted.

I

The vacancy rate is holding strong for quarter three at 3.5%, with an overall average from 2016 to current of forty four point: one percent, the average effective rent, which is what the market is currently charging on average for units built before nineteen. Ninety five is at two thousand six hundred and sixty seven dollars the average effective rent for units built from 1995 through 2016.

I

So those are our partially covered units is at four thousand four hundred and forty four dollars and the average effective rent for units about after 2016 is at four thousand two hundred and six dollars termination notices for the past few months. We in quarter three of 2019, so this is on the calendar year, not on oh no. This is on the fiscal year.

I

We have we received to breach of lease notifications and one nuisance notification, and in quarter three of 2019, we had nineteen units that were withdrawn from the market for tenant relocation assistance. This is on calendar year. We've received five properties that are in redevelopment for a total of two hundred and eighty four units effected and so far we've had forty-two households that have received this instance through the trio for multifamily property sales.

I

Four units built before 1995 we've seen seventeen properties be sold an average of 25 properties from 2009 to 2019 for a total of 173 units. This year, that's well below the average of 550 over.

D

I

Since 20 2008 and properties currently for sale, there's seven properties for sale for a total of 36 units and brief update on our outreach activities. For the past few months, we've had three workshops for 34 attendees and we've had 13 poverty owners come to our position, clinics and 14 tenants. We've pushed out two mailings: five Mountain View force advertisements we've had seven, my MV updates go out and.

F

I

Have right now 380 my MV email subscribers and that number just continues to slowly tick up, which is nice and, as previously mentioned, the most recently published M Noi Consumer Price Index was in August and you'll. See here, 14 percent is the CPI for all items. 19 percent is the CPI for housing and the CPI for rent primary residence is at 23 percent. That concludes staff presentation.

A

Thank you. That was a quick question actually of the 40 I think he's at 49 tenant petitions. How many buildings was that generally I mean? Is it one building that had 30 or no.

I

I'd have to go and I can check the data for you on that.

A

B

H

B

I

One building that had- and this was related to a property owner petition I- think they had I, want to say 11 or 12. It was for a large property, but that's that was the highest concentration. Most of them are either for smaller properties or almost like one offs for a tenant, harsha petitions. We did see a few unlawful rent petitions. A few rollback petitions and the few of those were all back. Petitions refer the same property.

I

So at this point, if a property owner is unaware of the rollback and they have a compliance issue there and they well quite a lot of money to tenants. So that is something to keep in mind. Yeah.

A

I

A

You very much any other questions: okay, Emily and I'm sure Oh, real, quick sure.

I

We just wanted to highlight that we have our upcoming community workshop on October 24th. It will be focused on security deposits and is open to property owners and tenants. So anyone can come. Oh and it'll be in the plaza at 6:30 on the 24th.

A

Thank You Emily.

B

um I'd like to look into if we could agendize mobile home parks.

A

Is that we haven't really had a Genda items on as part of the meeting process.

H

B

Out he's gonna decide.

H

B

Put that on a future, it goes on a future agenda. You.

G

B

Here, in order for that to actually move forward, okay,.

A

I will take that under advisement.

B

We have this thing right: yeah.

H

A

There's a decision, oh and then I actually give a decision to you right now, whether that would be an agenda item.

B

H

There's currently a an appeal.

L

Well, so your rules in Chapter three state that if a committee member requests for an item to be agendize, it should be put on the next agenda to determine whether it will be agendized wait. What the request will be agendized to ask the committee if the item will be placed on a future agenda. So this is not on our agenda tonight, so we cannot actually take action on it correct, but we can put an item on your next agenda asking the committee if they wanted on a future agenda.

L

Sorry, that's what your rules say, no problem, so you.

E

Never put something on the next agenda, except it's actually two again, it's two months from now it would come up for discussion.

L

Yes, I mean the chair also: has the ability to put items on our gems on the agenda.

A

All right, but otherwise it does go into the next meeting as a as.

B

A

The sovereign decision, whether we.

B

Agendize it fully okay, I will get that ball. Rolling I request that it okay. Thank.

A

You it's done all right. Thank you all. You.

L

Don't think you called for a public comment on item nine, which was the last three items that we asked for, so you can do it right now. Thank you very much.

A

Although item knowing me typically don't have public comments for the announcements, it's.

L

An item, and particularly this was a pretty substantive okay.

A

Fair enough, anyone like to make comment on item nine point, nine point, one point two or point three I think.

G

Yeah I just want to encourage you guys to take charge in the CSF for a amendment process and make it very clear to the subcommittee and the council as a whole that what you do and do not find acceptable in your role as administrators of this law.

G

Don't just sit back and and just send letters but actually engage more fully, because otherwise they can take away powers that you might find useful and just turn you into an advisory body. Yeah.

A

All right, thank you for your comment. Any additional comments on items, nine point, one two or three all right, seeing none! We will adjourn for the day, see you at our next meeting on November 6th 4th 4th all right, see. You then.