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RHC 11.30.1983 - 08.23.1984 RENTAL HOUSING COMMITTEE MIS 1 of 2 NOV.30, 1983-AUG.23, 1984 RENTAL MOUSING CO MMITTEE MINUTES NOV . 309 1983 AUG * 2 3 , 11% 84 CITY OF CUPERMO, ATE OF =ZFOMA i 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 ® MINUTES OF THE HOUSING COMMITTEE MEETING ® HELD NOVEMBER 30, 1983 IN THE CONFERENCE ROOM, CITY HALL CUPERTINO, CALIFORNIA CALL TO ORDER: wrz. The meeting was called to order at 7:30 p.m. ROLL CALL: Present: Members - Hendricsen, Avery, Lawrence, LaBrie, Brennan, Walker, Wright, Bosetti, Wagner, Granville, Sussman, Brown and Chappel Absent: Commissioner Rook and Levy Staff Present: Barbara K. Brown, Assistant to the City Manager Committee members introduced themselves and shared their expectations of the committee and the reasons they were interested in housing as an issue. Time, frequency and location of subsequent meetings were discussed. The next two meetings were scheduled for Thursday, December 8 and Tuesday,December 13th at 7:30 p.m. in the conference room of City Hall. Subsequent meetings will be scheduled after: the holidays. The meetings will be adjourned at 9:30 p.m. unless there is a majority vote to "stop the clock." At the next meeting of the committee staff will provide: 1) name plates, 2) the housing element to the genera]. plan, 3) the Goals Committee's recommendations for housing, 4) apartment rent survey, 5) total unbuilt land in Cupertino, G) the unbuilt: land appropriately zoned for apartments, 7) the second unit ordinance. Di Ann Walker and Ron Granville will present prototypes used in other communi- ties for landlord/tennant conflict resolution. Hopefully, a comprehensive report from the City of Milpitas reviewing conflict resolution procedures will be made available. The committee will focus towards a work program to be presented to the City Council in thrc� months. Landlord/tennant conflict resolution, housing availability and costs of housing will be generally addressed. The City Council will look for recommendations from the committee in six months. Meting adjourned at 9:00 p.m. Respectfully submittted: BARBARA K. BROtiN, Assistant to the City Manager CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: (408) 252-4505 MINUTES OF THE HOUSING COMMITTEE MEETING HELD DECEMBER 13, 1983 IN THE CONFERENCE ROOM, CITY HALL CUPERTINO, CALIFORNIA CALL TO ORDER: The meeting was called to order at 7:40 p.m. ROLL CALL: Present: Members Hendricsen, Avery, Lawrence, Walker, Wright, Bosetti, Granville, Sussman, Brown, Chappell, Rook, LaBrie, Brennan and Levy. Absent: ltember, Wagner. Staff Present: Barbara K. brown, Assistant to the City 'manager Committee members Rook and Levy introduced themselves. Minutes of the December 8, 1983 meeting did not reflect the attendance of Rook and Levy. The committee decided to meet every week in the month of January on alter- nating Tuesdays and Thursdays, beginning January 5, 1984. There was general discussion of the work plan, the role of a study committee and the use of a community survey. The committee developed the following outline to develop a work plan for landlord/tenant conflict resolution. I. Types of Conflicts A. Maintenance/Damage and Deficiencies B. Rental Rates for New and Continuing Tenants C. Refunds/Deposits D. Reduction of Services E. Changes in Rules, Leases, Agreements F. Discrimination Age Racial Sexual Marital Status Sexual Preference Economic G. Conflict Between Tenants II. Communication A. Summary of landlord/tenant law to be given to tenants at the time of occupancy. B. Notice of intention to change debt ser7ice/sales. C. Communication through intermediaries 1. Managers 2. Tenant Associations HIMUS OF TO 9DUSING COMMITTEE NWNG - Decker 13, J 1983 D. Ombudsman E. Written notifications F. Education and response to maintenance problems G. Manager training/tenant training III. Method of Conflict Resolutions A. Mediation B. Conciliation C. Arbitration D. Individuals face-to-face E. Legislation F. Litigation IV. Types of Agreements A. Month-to-month B. Lease reverting to month-to-month C. Renewable lease Committee member Chappell will request from the County "Warranty of habit- ability and Quiet Enjoyment";staff will distribute the material. The agenda for the next meeting will address the following major : pics: I. Alternative Ways of Increasing the Rental Supply A. Increase "lower" cost housing B. Project Match C. Second Units D. Room rentals in R-1 zone E. Land use F. Inf illing II. Role of Government A. Rental control stabilization: Is it appropriate to be regulated by government. B. Regulated by government but administrated by appointees. C. Is Here current legislation that needs modification. III. Currently Available Rentals A. How does Cupertino compare to neighboring community B. Availability of all types of renvAls C. Evaluation of rental types, amenities and rental rate The meeting was adjourned at 9:40 p.m. Respectfully submitted. c% / BARBARA K. BROWN, Assistant to the City Ianager 7 k h REN T A% (.f)i"t4 S T7=C* -%?J NUT=` ROOM! CUpcar1N0 C'+Ty ►4AU ► ® CA== TO ORDER: Chair- Janet Wright at 7:37 P.m. T Tq R<)'_1_ CAL_ ATTCNDING; Marge Be-.etfi! Terr r ?r-oton, sally Srennan► Al Cha.PPei l (arv. 5:45)9 T_ola Mendricsen, LoulSe L e V 9 Bill Po0k:9 rlax sussRlan! Janet Wright! staff member Barbara Brown. ASSENT! Ur•t Aver'r9 Ron Granvi 1 )e 9 Sett,,,- 1 a8r'1e9 Bever•i••r !awrence• Robert Wagner, DiAnn Walker 7 j_ . APPROVAL OF 1"INLITES o; _%C7, I N G corr•ect.ior!--P.2? ! lne 6; change to "survey" . Moved and Passed minutes he adopted (m/s Su_sman9 Hen-Ir i csen) . IV. OLD 3USINESS: A. The issue of "affordabillt••r•" a very -lifficult one to detine. Census figures for- 1980 (mailed to committee member_) showed nver. 1 v000 riousing units in CUPertinog with about 5% be- ng rental 'JnI*S. No ma.'eer new sines have been built in the Past tew Years et?e._aU�e on ';' two area_ remain zonec for nigh d4en_lt--r' housing, and }`i e'•r' are l =!:e` '•r `_re go inrn e_reno Ceminlums r•at"ter- than r'enta. units. K r31 Seel t`►e+ —je:stion of wnethrer a `iigher 0r lower Perce2nr woule_! wee :Je~tar9 and Sarzeara 3rown said it would De Part of our Job to 3r'_'ernpt to answer r"tat. ® it was c ee_' eiee3 -Y consensus that a statement recognizing t`iat t.�ere is a shiertage ritetr� In aYal%awe'l it'r 3ne. 3ffe?relaDil tt'r' eIf r-e ?lienlial rental Units in Cupertino be ins:: Ueiee_ in a PreamD'c_ r- introductory statement to the work Plan. Also o--e- consensu 9 cecided to add a statement regarding intent to evaluate effectiveness a•no cost Of Programs reviewed or Projected. It was decided tnat the PreeamCela should Je included in a Cover latter. 7 he letter s`•le?UiC Inc ue7e an invitation to the City Council to give the =ommItteees tur•ther direC':'on as to the scope of the study tLiee Council wishes the immi.tte� to Pursue. Wright appointed Srennan anti T. to craft a. rover letter by the next meeting. S. A REVIEW OP WORK PLAN lee to the following changes: All Parts should have the same numbering system. ='art One headings should he In the `o i lowing order: A. — 'r'Pes of Rental Agreements. C of Conflict L) — metho,is of Conflict Resolution. sub-leadingS under "Methoos _ef Confl ie_t Resol sit ion" she's iJl 'J IN ei =teems in t`,e? fo11oi1'in9 cr,•'er: TndiVidUalS face tei fact! :_ei rl eEll lat?,ien! meeciationi eroitrat].on, 1itigatipn! . e:gi_la•tiori. Tr '!}a.s et—idte j _`f conseenr'Js that trle Focus +it Part (Llo of t•:lee ST,ij1:,.'Y s-1,iu iric lice a z,c ntence stating, IPae_ts of =ucn increase <e�_' ane ?V8. ' uatael 3s to 17,71oe <irlYlronmern anc , r•* —iAJn� Re S to "=nc ura9eTvtent ief: -Ni1 ee ity UriltS" • 31e; "e1* "3l '-art Two-? "Role of Government' statement shoo, d begin with 'is there a "o,e for gAvernment. . " insteac of "ghat is the role of government. . " . Part Oourt "Housenol ds with Special Neems" st'1ou l d inc i u e under each .ategoryt as #3% utuP4 Trencs". Part WoUry "Special Needs" Prooaoly includes affordability. Sussman mentioneO that OemograPnics show tnat oliter People are i.ncreasingl'•r' moving to the "sun oelts" i we sshouId Ge Prepared for increaser] Percentages of olaer• People in Cupertino for th, s rap-son as well as for the general "aging" of the current PoP+Jsation. Brennan sai-i we should incluoe recomma?ndations that the City ln^t� into os inie sources of gov' t air" for housing assistance oefure trit? neec GeCoffles more a.r_cut_e. Tnere are different types available. At tht3 least we should try to enab ie the senior citizens already here to be able to stay in spite of inflation. V. NEW SUS=MESS A. A Motion was mane and Pa s eo (m/s CnaPPe l t y Sr�-nnan) that '_'•arnara Brown Place our Plan of Wo!rx as early as Possible on the ag<enaa for the City Council at its next me-?tinge Feb. 6.. A Mnrion was ma ano Pa_sseo (m/s CoapPel 1 y Soset`1 ) treat a meeting for our comlf+irtee the following nighty Tues. ., *'eb. 7y as our regular time Per our current scneouA, '?)ere wi 1 1 be a short meeting on Tliesl"3`('y Jan. 4y to appni:l /ea trie cover statement and final Plan of work: to submit to t1-1e Ci t'r' Council . At the next meetings Fero. 7y we wi11 deciC-z on f+Jture meeting schsdu)es. ® Each member was asked if he/she had anything else to say. General 1'•r' it was felt the committee was doing very welly and thanks were given t,, staff member Browse+ secretary Levyy anc chairwoman Wright for their help. Chappell commented that he had 'oeen in Sacramento and has the impression that some sort of legislative help for both renters an---, owners is on the wa'r't and Cal ifornians may be able to Iook to the state for financial Programs to encourage housing In the future. ?. TMPLEMI ENTATION °3r 3ra drown reminoed us that deciding how t�:� 1mPiemerl* our Plan will be the nexi- steoi and we sriould come to the ebruary 7 meet' n3 Prepare-I with suggestions on now to go at,,:.ut tree acre J11 _ tiJd•yt such as sUD—committeest committee of the wholly sPeakersy etc. V 1. ADJOURNMENT: 9:�® P.M. ;'•r s+J:omitte-3 W. Levy 16 ifft n,w t ,4 ; RENTAZ_ HO US r`NC COMMITTEE MINUTES j ANUARY 2 4, 1984 C[N =RENCI ROOM, CUP! RT I Nib CITY HALL 'RESTDING: Janet Wrigtot, ci+ai.r. CALL TO ORDER:7:4® P.m. ,qO LL CALL: Members Present; Start Averyv Marge Sal 1Y �r-ennan, Al Cha.PPoel 1 , 1_.awrence, Loui t3 i_ev-vi Ri 1 l Rookv Ro-lert_ Wagner, DiAnn Wal er, J>>.net Wright; staff Merri per Barbara Sr.,_,wn. Not present; Terry Srown, Mein Granville, Iola Hendr•icsen, Betty LaBrie, Max Sussman. MINUTES: Moveo/seconded ( Chappell , Brennan) and Passed that they be accepted as Presented. ANNOUNCEMENTS: Tt was announced that Bett••, 1-3Rr,.e (Goats Committee representative ) ha.s given Mayor Pl un9"r her resignation tr•om tree Committee. Iola Hendri=_en wa'_• injured and could not attend. SYMP3th'v' was expressed. COVER LETTER: A copy of a suggested cover' letter was Presented by Brennan and Brown. The following changes were made b! the cnrtrtnittee. The second sentence will read: have led us to some 0 Preliminary conclusions. " (Motion by Wagner ) Number I- will read " . .and evaluating issues any-► entAn Solutions— " Number will read: "There is a Perception of a shortage of -at fr1rrdab1e rental housing in Cupertino for People of modest means. " (M/S Chappell /Bosetti ) The current final Paragraph will read " In our work; Plan, which is atta.cl)edi i,te P^nP1:1 a t{, =t1id-i" four area s: Fart tine, Conflict Resolution; part Ttt:!, Ways of Increasing Rental SuPP IY7 Part Three, Current Rental Stock:, and Part Four, Households with Specia-1 Needs.. „ The final Par•agrapn will be the sentence starting "We request_ -r'our' eva t uation. . . " (Motion b i- Brennan/Wagner) . This committee `-Y consensus asked that members' names be .fisted 3t the bottom. A motion to accept the cover• setter as amended (M/S Wagner, Chappell ) was Passed. AMENDMENTS f() THE PLAIN: PART ONE: II B; change "/" to " , " and add "etc. " (M/S Chappell , Lawrence) III F; add an asterisk after- "age" and add the note helotlt, " including minor_% (M/S Chappell , Lawrence) III ; add "G" saying "Tenant-to-tenant" . (M/S Walk:er•, Chappell ) Part One was accepted as amended (M/S Chappell , Lawrence) • 1 PANT TWO: II Focus'. add " Impacts of such increase shall be L-- n`ified and evaluated as to th-e environment and infrastructures. " (as £taten in Jan. 39 Minutes) IT A. 3. remove the Nord "Active" (MIS Wagner, Chappell ) I D. ( t•rpo — "Streamline" ) °art Two was accepted as amended (MIS Wagerer, Chappell ) PART THREE: II! D. Should read "Senior: Handicapped/Disabled �r•r�gr•am��� ... Part.Thre< accepted as amended (MIS Walker/Wagner ) PART FOUR: Add (as recommended in Jan. 19 Minutes) ; under 1 . 10 TI. , and III. , Section "C. Future trends" . (MIS Chappell , Wagner. ) ITEMS TO GO TO CITY COUNCI!_ are the Cover Letter and Plan a: above amended; coPle_ of the minutes, and Barbara Brown' s staff report. They will have these in their- Packets on Friday before the next Council Meeting, or, t'ebrua-r- 6. We are re-iuest•ed to attend; if it Can be listed a "old business" it =hrorild come up early in the meeting. The BROWN ACT opened all government meetings to the Public. Ours arm Posted for time and Place _o visitors can attend at any time. CHAPPED gave the Chair a letter recommending that at our nM::<t meeting we decide on rules for debate as stated In "Robert' s Rules of iirder, Revisec' . %EX.T MEETING will -he on Tuesda••f, February 7. The Agenda will i.ncIude a review o f th0 Cit`i Council' comments and recommendations! setting dates for :eJbse-:que tt• meetingsi Setting rules of debate, and discussion of the implementation of the Plan. ADJOURNMENT at 9: 10 P.m. p rTr l =urprr,i,tre.1 Louie W. Le , 's C,.,r.. 2 CUPERTINO RENTAL HOUSING COMMITTEE FEBRUARY 7i 1984 CONFERENCE ROOM• CUPERTINO CITY HALL GCESIDING: Janet Weight; Chair CALL TO ORDER: 7:40 P.m. RoL.L. CALL: Members Present: Burt Aver`i Marge Bosetti, Al ChaPPel l i TQla H rdiricsen, 92verly L_awrence, Louise Levyv Max: Sussman, Robert Wagner., Janet Wright. Also Pr•esent9 Vicki Gifixg aPP' t by Tr•i-County Apt. Assoc. tri Serve as back—up for Ron Granville! and Barbara Browny staff. Not Present: Sall (• I?rernan, Terry Br-ownv Ron Granville (substitute Present) v Bill Rook i DiAnn Walker. MINUTES: APProve+i as mailed (Motion m/_ ChaPPelli Lawrence) SUBSTITUTES: a discussion led to the conclusion that as a general rule _substitutes would not be advisable as continuity of membership of the committee is imp"r!'an`. Vic,<:i Gil ix: is `erving under =•Pecia1 circumstances until the anticipated birth of the Granville child in -,_•t-r u a.r•'•r. RE-ORT OF WORK PLAN PRESENTATION: The Council accepted the Plan with no changes; the--(- assured the s. mmi' tez we have the fle`<:irllility to change it 1ll� we wishv and time Constraints are also fle:x:ible if we wish to m@et less fre-quently. Mayor rlt�rt9`r' mentione,,� specific interest in the conclus3.on= of out, "Conflict Resolution" (PART ONE) . McCTING SCHEDU'_E: A MOTION to continue to meet weekly at 7:30 until the end of May or until the goal is attained (m/s Chappell ., Lawrence) carried. The Committee agreed by consensus to meet on ThursdaYsv starting February ib. RULES i�F DEBATE: A MOTlON to address all remarks to the chair with Proper recognition and to use "Robert' s Rule' of Ordery Revised" for debate of formal motion_ (m/s Chappell , Sussman) carried. IMPLEMENTATION: A MOTION to start PART THREE immediately by incremental modules at i3Ch muting, concurrently working through Parts I and (m/s Avervs Chappell ) carried. Assignments for Feb. ib: Cr,llect data for the inventclir••;- (PART THREEg Current Rental Stock) . Hendr•icsen will obtain data regarding Sunn-(•vi.ew West. 8-1rba.ra Brwon will obtain data available from staff and city resources. Gilfix: will obtalfi data available from T`r•i—Counties Apt. Assoc. c. Programs in other. area communities PART ONE) : t_awr•ence will tiring informatir-n regarding P,--ogra6Tts in San Mateo, County. e.osetti will bring information regarding Programs in Santa Clara Ail ff,em:ners tltil l be Prepared to continliQ discussion of P(%E`'T ONE, Con fI j ct Resolution. Since all cities mush update- their hnt_!_irig elements by July they may mation we Want.,pave current statistics for some infQr The!-e was iiscussion ways --)ttain in4ormatton3 newspaper ads! Ch-mibeps of Comoter-ce, telep!-ooningv etc. ( 2-. e.r-own left 8:55*, :!)i I I not be at Feb. 16 meetin4gi but wO I send i r,f o r.ma t i c;n. ANW-)UN CEMENT: Hen&--icsen ar-A Avt�ry will appear on Channel 130 Cupertino Commun i t--(- Acces,. channe I i at 7'30 on "The Better Part of Life" (Senior. Citizens. Progarat) on lueSda--e-q Feb. '3. ,rhey will be interviewed in their positions as iring-tirrit, tenant an-! 1--andlordT Catle ) PAR.7 1 t fwa e7 that w-ithin our o rrim i.t t e e WC, nave sufficient c,'.-.:-Per-ti.s,e t,:, :I.wer marl'-,- of the sut-Ject area ijjithl--ut out).de he) P. the f r_"'I I C,w i.n 9 topics wer'� discussed (Types of rental agreement; Corritrilinicati on) . (L.awri�nce ) Palo Alto has a regulation that renters must have the option .-if frionth-to-rri,:--nth rentalsi v.'-r- le-aSes. The Problem is the tendence i:'f llandlo— s tip aSik hi.qher r,nnt for- ieasos than for• monthl-v rentals. it J J J.r u I t t r- errri,rr (Aver`:') rr!or-tn-t1---rrt-:-nt'h re n ta I s can 7j e a b ki ;-k I S 1:1. T h r e e a--f-s n 'r i.c c of e v i. -,n i rc ;a Ca u s c r �i c Oft, n the om a pli ci nin tenants u rn t i, h 6 Moe I n V,-.I V - ' . a.rl.1 will n o 1: a 1 w t�t e i r n a rTf e s to brm! u s e d for the legal Process? so 30 day noti.ces ar,2 generally used. Non-pa--i-ment is the most common ri:2ason for eviction. Tin-,7, tenants tinter litiga.'ion a9airsi- -a 30 cia-y- e v 3.c t i -.n if t h e bel ievi�! discrimination is involved-o or if they can Prove the Purpose is for higher- rent. Leases are 0-r-r-m- in terms or budgeting for tenants; not so good in cases of sudden transfers or either need to leave in mid-lease. Probab*(--(' 90% of tenants are on a mont'-f-l-r basis, but six an,-; twelve month leases are not rare. Conflicts arise through lack of communication; tenants may not know about changes being Riade ( Pool not, being heatedq facilities such as washers-driers bei"g discontinued) % sale of -buildings with resulting increase in rent that the*-(* cannot meet, and insufficient time to find a new Place (with under- vacanc-v rate) Fo r e k n o ii-f I e d 9 e of Potential sale of apartments might cause tenants to leave long before the sale was consf.frrimated' thus causing the landlord Problems (no` J u s t rentals but Problems i r, selling a building not '2sz. C 0 M p i I e n ted) . At the same time7 in some cases the ten-ants would be w i I I i ng t 'met together and Set lip a I imi ted c--:ifji t--(- or other ' type of s-#)rporation to bu--r the building themselves, not as an investment-I but to k--- the rents low. (There may be 'legal Problems in this. ) Many in Cupertino are having ---(jrren,?- rent ralses that will force them tit move i n tar near "uture' It i S u r 9,:.n t that we Present o u r as soon as Possible. AD,TOURP4MEN-T �;35 7 -1 R eS P e--f-f u I I su b m J-f-4- -1 Lou J-se W. Lev'7' SeC -Y. RENTAL HOUSING COMM I TTEE MINUTES rebruar',• a4i !984 Conference F,00mi Cupertino City H311 f'R SIDTNG: Janet Wright+ Chair CAL:_ 1-0, ORDER' 7:37 a. m. �'-= �'-• _. �(irt Aver" ", Ma_r�i.,e 2.rtsetti , S3' ? ''r' Lrenriar!s ;_r.r..+. BrOWril a.P P s-•1 i-C[, a '�e r!sj r-=.+__;'n -`V,•T 3:.: !___rlar!, ooert v:9rier± DiAnn Wa.1 �'<_?r•t Janet i.�.�• C1i}t, t-._s.eII : r-'e tiffs 9 't:�ta Sar.=sayr.a r•r,wrii Craft mam,~+er". W .7Tr-.�l .'ti r ,7 T(»)it,N, ft.`l__.r Vr-_'.. L� T!r+ r.. f fljrpt - lt' 'flt s ie=t. we U1i ate'. 3FIti!�t 1; S t-'a t tr ? i rri�t_•f3I if•t •' 97P 3 ."Zr a' Cs r•sf -s_. tS si 9—.1 i 61 R t 3 i ',e p l 1, t_i rn a,,.,riff= a r,d, C:_,!.)n c i i'•:i s. :_-.3 7 7 he! . ! as.t two i__+ be, copied for ,.r!j.I:�r.rt.1` iiri -:�rl=':'r'a. jc_r'Y3:�s.`=4 1r�•_. +pie n3.r!t- a n d I tir•,' �•r,++ ,.:s t _=a'r Are 3 Cfli(rii� i . °Rsyr(t3} ^ilis�,in,g iri a ! 7 }iJr'r!i a: C)ho:.t3+_ i e k r.ti-i1-:" i_1C: -•" �A=Yr•i i 1983) rr. —Cnun `f' Apartmi-z.n+ A ss fsI_i atioi on1:r•t_t i pa Simi ; r•.,..;t —Ci1Perti nr' Ci t'Y' Staff" i n fis rina t:io n "C h 3 r'a t e r i s t i c s +if Mai or. A pa r. me rit ComP1 e:%;es Cat-'f i!t Cu Pertino f1976) 4 3 letter- °Re ; . _ Coninraminium CI_Inversi n" and "Apartment f"+iusin9 in the C1iPer-tiri4s Ma.r•;;e4- Area" 19e2' .7i=++=r _ are advi ,; ttI e;j the material bet; Jr•e the next T;ee"`'.f! . r was r_.Rimerite+; t !at the mat,-r-i -aI is out iI" date in varioii5 degrees± fr+im one to eight ''fear'. = here was « r•e•auest for IZip_'•.,'s to fired out the Percentage of renters Who are retired People. N,_ndri+_sen ilei11 en-quire at the Senior C-tizens (.enter, and Tither-- '=our+_e=. BAR • ONE 1I s[i(_si on cnvereo the f o1 } oitiir!9 i rie t_[imffi+_+n P '3,_ti ce =n rent3 ( s_+rmPiexes is ts_i have m r(tLl—t s—mor(th agreements, sometime Fr-es_,1_1sied b-.(- 3 six--month lease} ��a i11 iwi t-+ fir and 1a,st rfi r,n tIn, = rent plus a securi t-r' it Legal a ter!ant Ieaving befor-e the teem of rental expire_ re. pon iL11e for an-r- vacancy 1is__ to the landl +_+rdi P1u_ marketing ;<ace—tQ—t3s_e friend'! ,(- contact i= the t'Ie_t _.oI ut i i_s r, tC; Pr•il tsl C IT,S d.r`'!onq tenants a.:. wel + as bel-weer tenants an;_' managers or owner'_ . '_..•�111i n rt.Ps-:r.t�d tt•i3 ?Ie!J i3txs_"s r! [iis�.r'sa'- 3r'e ve r•-'f' _'.1,s_I-e':.y'�iI1 `Or of +ir _.t to na r!t h-._.P(itw= r!iIo _ri:,"i; l ViflQ r'e r!ta.1 inl-re35«w I f:;`!<�_._ ``Ier-e -. _ �_Iir!-.iry«,�r•a_+i _ • +-�_ _•+i+_+_<__ _ . 1.1- Waz Iis_s_i Ile I_: to not tTiak'e _ r•<=t_Iirr;men at-ion to +,`,a t.7.t'!' 3.bour _a_ _; vs. muritr!1''r' rental agreement-Si but to 1 i_t the advantages of _ac!`!. Lawrence Pi+1_nted oi.it t1(at a 1ar-ge number of People are amazed Ii ve r• that ti'!e'"t' i_3n he evi Cte'� (Lii ti!oiJt cause with 3 30 si a.''i• rs it t'i s,_,', 4'�e +=CI ITIiTlittee 39r's_e t d t`;3 i t is Ver'r' imPnr•t3nt that !whic-'hever• form o agreement is uselin it is itT1P4r'tant_ that it he I_ lear'I''i" wr•i ttenl ari tiers tiff od rI"•q' both1 =i9n< +.-j a.r,d I.13 ted. mOTsON (m/s ChapPei 19 T. Brown) that the following 5e present#d as aeJvanta.ges fcr MONTH-TO-MONTH rentals: eznant has the flexih_litY to move for any reason. tt rrja''t' er!Cej!jr'3ge good fRafia'3L'fflCnt since the tenant d0e nave t "iS rle:�:i�eilitr. 3 Unruly tenants are easier to remove. Two of 'advantages fur LEASES were suggested, neither, aPPr-oveo. 'Fur—her- discussle_en nek;t !1!e?ek. V e�;'•'Y' ';II'�gt� _ AsSurane_e t`at --f'o i iijoulo-, riot be evicted witr'{ei0r cause. r•ed t/ab', e rent f r,r t'h e term of 4-he lease. 3 �nf:llijr''3.7emer!t of a more stable rental c.orrimunit'Y'. 4_;"!'=S�Pe'i 1 Cligge s i_r �eC!jr'lt`( in r'e_• derli_e (avoIderiCe o f evictir,n witho!jZ. � °•1t=.Ve �:;n ejwl emQe ftf ;-f;ndi tions (to r-i tten into }ease � . `? ni_ 1i!_'.il<s_' ?.nfr,rlT!at7.on frf• bu-1ge �inq 3.rle."ii ^tanil1_'•_3tion of �ef!t P3'r'rT!ents. :{ w: ijt_t7.e_fi of '3 tr-arisier!t t`f'Pe of nee ribur-hooe'. 5. EEnhanCe Mena _t N'e19hborr ioo ani] an IMpr•oveMent o A statement was i'r!ae!e that we must insist that the Cite- Council not Permit rent raises more than annual 1•'r'. owners/managerson the committee agr•e a that the turnover' rate of tW! en 40-50 Percent annually is norgia.l and doesn' t affect the r,(T,ijr!it--r, spirit" of the residents. h.;C,)T1(_)IE: (Cr'!?.PPet .! i Passed) that the clock be stlePPl:d for 15 minutes t- a1 1 e:ew citizen ir!PUt. A sei`!ie;r =1tizen 9uest1 on r'e-uest by Hendrie_senl sP ke to the ._h.at Se_r!it_r• need tobetreated different' , i thi.'f i.!)�J.r!�- se c1ir-it'•;'1 and wor,—;' about meeting rent Pa.-,-•fientsv 0u have no c=e=_ b it•- i:ir 1r!ui_e1T!e Increases e:ether' t`',-!-an SJeiui.a� Secur•it.•. _.r c- e The e t1 ee it, 'to the_ cost of 1 ivi n 9 1 _.o he recommended t=!,at r-erit increases for thefn aiso tee no i'!igheyr tPian t''!e inured.''%' in .tie i?�u (r.;/' Granvi'I ie=1 ^ ,aPPe3 i ? that -it future meeting citizens E'er fi .i't?n m r,lj, !e5 at th "eegir!n?.n9 of the ffiec ln9 T iti the.' i r!P!j? . "as see . ADit")UHRINNE T: 9:40 (teai tirr!e ) _ P e-,.fit u I . '•r- ti i j b ai.i.t e e d - _ W. Lee_retar r h ` � _ c CUPERT I Nn RENTAL. HOUSING COMMITTEE ==et+r uai '23e 1984 Conference Rooms CUPePtino City Hall PR'--3TDINC: Janet 1+lrigl'lt7. Chair CA=__L T( ORDER.' 7:40 ROLL CALL: c.t+r•t Aver•'r? Marge BQS ttii Sall),' 8rcennert? Al C1-,aPPe1l ? R+_+r, Granvil , llo! a Hendric ert? L oui5e Lewf-i Bill *R,r_Ok, Max Susstmar+s DiA ?rt Walker {arv. 7:50} ? Janet Wright. Also attending Kevin r\r1udsert, for MidPer+irtsula Citizens for Fair Housing, an+!i Vi+=%:i Giifixi Tri-Count,( Apt. Assoc. NOT PRESENT: Barhapa _'•r•,qin (staff) , Terr• Brown, Mar-9 c- a.nd Robert- Wagner. -,lull)� -�� r 1t g � ;ft_ _S _! r r ._ were rrt a+_R e Page i n e. + PART ONF" t- i. a ' I' � , a ? f..:, r r t_ r !: I i to downs e- + iminate .1.=t Par'agra.rph { . . M P-1TH-T(=)-MC:),1�'TH. . } add r+ n - a.r , ' ;afl;e paragraph? #'= crllancme t i, +_i t-he _ef,a.rtt HAS -i-HP_ R�—y�Jf;M TC) M()VP. ,r ^'(�7T"fC)N1 {rTt C�t,e.pPe' = , 8r<erlrtifi } that the I`"7rtl.Jre_• f:,r Feb. '15 W R T T-r-, 1 i NFoRMAT'ON RECEIVED -CA 1 . Dt7fp' t of (;i,rrr.urrier Aff-airs, Div. c'f Consumer Ser•v. i -and�'1C+r.+ Tert3rit F3+�t Sheet', (�i��Q+Ii Partially r,7- siy+i —Ca1 . Dep t of Consurrter Affairs "La.n+:l ord Tenant- Answers to Ten—ant Ouestj ono" ( 1982) —Peninsula Times T rig'+, reprint; "Should d Peninsula Cities rent Control ?" O/2'2L/83 —Ur-ban Affairs ()uarterl`r? "Moderate Rent Control " ^UtBLIC ! NPL : none_ +r )'1 (;)N (•'.7t/s Cif3PP+_1 l ? Bosett i ) that on 1'f individuals named to the appointment list and Published shall be voting emt'e'. c�i" t!-li '_' r_++(f'lTlirteC. 't�'3=•sue+ . 't was agre'+ j that it is a good idea to have so m c-,o t,_, rl*.,Pre=+eht (fas?rr_ _rrs 1wife7t the'•r• Cannot attends Part i CC,Iar•) .r. rt he~r' repr•t eh i i+_ r93n _ � =Pe�cif�. _ izati+:+n, and i+_f+S-ir input �U..•.. a :[_'+ j fa rf+c?Tt ref•_. ::e'?P Copies of the worFk a9r,eerrlent in front of t}-te rr; Lf_.r•i;t9 d?.S Ct!•?S ion to h e 1 P s ta. on one t!iPiC, Wr.'•_9`It anit;r nc,�c 1-hat in r_ r' .1 M,r', r t _.• " _! `,e sere; CVer•••i',±rim wr1!i l i•,h e s to _ P++P.i•:' ha a +-ha r;+_e i s h e (Lt i 1 1 m a.k L; a. l ?..-i. ,_r f P e a.;.?e r.: a'. `i I�'.i: s p r??,:;e 'a no i r'a•-I i i e= !_ that they n i+t .`'.•a e a k =?.g ry. r) +j 4 1 1"j. a i S 'If rt r", id'.1 h r} s r_r :!a.v�? s P+:r k e r, o n that xM Wi PART ONE, 1 ; continued discussion. m0TT0N (m/s Avery/Granville) t,i adopt the tr{ree p,,if1t statement on advantages of Leases as Pre dented last week: by- Aver r: MOTION TO AMEND (mi/s Gf•anvi l l e, Brennan) : add to #19 " 1. e. , upon 30 day notice without t_aU_e" . Passed. MOTION O AMEND (m/s R,_,setti . Brennan) to add #4 "Positive k nowled(ge of condi ti or{s written into lease" 1 , _ ase was 1sitf tarawn ,after' discu J.+_,n, 'X'it rle u n'l e r flan lf In9 it wi l l be discussed lin+lieu anotFt+ter• tr,ipi+_. M;-, r 1 1-1.n Pas'e d. A+�\i a.`-{t.a-e s 7 o r' _..-t'Z `'? +i F++y •, s t�.+ t r{ t t{to =P+=r* 4-l-,e Cit--c C'ouni_i { i1l1Z ly{ r'eat=. Ass ur'a.rl+le that rer{ter ;you i ,_ n:_,F nfa F-vict--i LL,i f-!-t,i{Jt ,lause; _ . e. ? L,Pon 30 da nor; ,__ Iztit =-sey r'eflt Cfi he t er-fr } e3=+ rl,l i,I,ri 9 e r1l e _ i,'• a fFln r-e ...r+Y _ --{ta ,_f,711T1Un1r ? , T _ iT _ _r n._. '-t ,- - i;-l - `j_ rt ,j t a r a . ., l'•1i ( ,,1�` ,�� r+? :iY_ t?r- ;1'{,?,,?-",er• ,�zj i,f�sl rl R, 7 r1i rl 9 e a,�v3n`ag i? adr,! lC Ce n a 9 r't_a fit e-n i' {yl,_,i_ ,'S P r f,V 1 d t k no(lj I eo t j s?' t j'r' ,.iirld"s.ttl i,ns . „ P a a eri l_ . P"APT NE, i1 ? CCiMMUN1C?i { i N A "j!{mmar'''i' i,f aPP ! 1+lab1e law to be 91,v,Nn tL, new residents at time of Ll r• ls+=lj^=1i,n i,n di !•.tr•ir,llt},i,rt i,t materlals w71'f'e ,l,ind<�r7'=atll'+f{ o f a.PP ! j,_a3-,.l to i alas and :,r-dinances. Question on avallabi i it••r i,f the nam,i c,f owner or a r'e_Pr,-Si'!--+lw r-ePr•esentative was answered tt'r reading from i-he Cal . Civil Code ( 1961— ) that -such naffle Rlus'- be Posted. Dis, - on of a Cupertino_ agenc y or group specific fIlP t`{an ing 1an,-! Iced and tenant P r o b 1 ems. ,�()T1ON: (m/s Aver'•r'? Sussman ) We- recommend that the Cit'r encourage distribution Of ,_oples of a reference ort aPP' 1+=able laws and ordinan+l f,ir tenant: and landlords, to bedistri +uteri (+ a n d I o r-d=? W`_t`, a least Ole :+",P''r nj the ,ll:u ment(s ) as eventual l ••(- appr-r,ve,i b%, the committee rc-iuired to be Pemanentl `r- available ir{ the rental office. ( failed to pass ) . (�()_r l_)iti (mis Grarlvil le? E.If`1PpC '• l ) (a al=„_,ve �',llt W1tFt `Ire-quired" rlfrlitte,l arld +ir r'esill'E-rl` ma,na9er'' s apartment" all e+ at file end. Passed. 'i:)TI()N�t (m/s Aver•''r', ChaPPei , i Wte recommend that f` o City ma i annual l 'r, with the bus-i licenses related to rental 11+Dus•1ng, an aPPro'✓e+ ,litP'y' of a rt Y r+cultic ,?r! 3PPl i cat.1e law= a210 gr-,Ji.r{anCeS. passel. eL{-- ice '.,t int;2 nt,.on to ci;an�<_ +=e;,t =er'Vi1_e? c.ail=! t_•t,: T~{e fn-1 l +iwirig statements lylere 1n ti7{e d—u sion : With changes in ,_rlune^ship, there 1TIa.'•,r be _il t_riange= in lomm;jnI tY r-U ies, ?tjildirl9s iffefie, f,�r. sale art_ rl,_,r_ A Wa'r•s. sol di ® } .'ants „iitl , I",. _,s_a ,�} _.17 _,e, 4 P ;"•i�,-�',P= t_ lurrer+ rl ta_ 7 a.ve n _ jr 1 e verl =i Ve M1_,V,_,lj? {tr;nc-,-,�:•S ar'= , %,.* De-t.1t service char{Qe: rhJ. is _ ,nt 7. -en 1 �31 tinan+7Sa1 Tatter. it 1Tlight- ✓n,e ij,: e,i as Ar? e"'. use for r—r{t increase, a� qv but is not a true cause. AD..T C URNME NT: 9:30 Rr{ -.p,pC It f 1_11 I svGtfii}te,,4i: P C{JPERT T N0 RENTAL H US I NE-i COMMITTEE March 1e 1-984 Conference Rorjmi Cupertino Cit•'r Hal l PRI=SIDINC= Sall•'r Sr-ennan± vi.t_e-chair CAL I- TO ORT'iE R: 7-1-3-5 CALL.' Burt r+,.',;e•.' `± H3r�e �':i1 et�;,? i,�? � ''i Cr'enr!ani Ter'r.- :-�Lln±. A `laaPe= ± __I i a t'i L'ns r' 1�=;�rtR 'ever `i• ..._a!11rf'nt_e± LeV-'C•± - Riltjt;a Rri btrr Warin,-r± DiAnn Walker- {a.rv. S:-+z'J Barbara r;r.i,siin s a f;" (ar"v. 8:50") . Also attending; t _ {�1- if-' e, f- Dnt_•Y r;t_i z . tit �.. rv� ! <_g 1 r �:;::, ..J R,•_� ti : �.. ! •�r•a:t I lYa <: �ij�'=R13:1± TpR: C. c ,:,f `-e tt. 213i Ijnt':er' ROLL �.,•�t _.? Pe ! t ? rt4 v::` i_4e t_ = r!�.R!t� _. fit:{ ij ,,'� t:::,eYi r! \,r!t,d tso on 1'�`� rtlate appr`it'Jet_ •75 wagrier" ::;Osetti ) rf;y':._NT: I.None at tni time IMa-r±-1".1 J tS tt r'1iTl=D Ci'1=';' of Stjnn`rva. i_ Res Piir•t tit M•'j-f-o r. arty Council #823-377 and can S"7ateo Cc,sjnt`*' Stat5tics (CoFle_ of tti_et`t Presented original I'i' on Feb. 16) . PA{31 (}!11Sa Y ' _ "Not-, cc- v-tt intention tit change debt ±` j t_t_± sa 1 e j etc. ° (t_c.ntinued di s t-us s ion. � - •C.uurt Frat_erie'nt and other l egal ltie5 give ? and 1 orris the r• igh-t to I-harge _uffit-lent rent to cover change 1n debt service. -Setting 1imit1 time± 3.moun?- of Rione`=± etc. } often t::nt__ttjrages 1J11tner_ tit accept Stated 1iRt11-5! even though they :!tight otherwise have betri im.:Lr•e I iberal Some lard! .t rds wil I g3.'`ae m.:,re that+ the r e'?ulred 30 days notice _if rent change 1f the-'r iLave ?e-+ 1-4,ve .-nittuIed9c-, ear•1i••=r. S h o u 1 d tenants he told "wn ° of rent- increases? -Wilmer± Private 'iomes are t-eing soldi eve r'rone know--Signs 1 P? 1-t�, t_tis apartment It - =r- i .,i.0 1 i Why a. ar' men1- ft±ir!t_r do 1 t t?t at t 1 ^I1'jai- {Ljit1_11t,{ be a tt<_tfc_r notice Pt:rjrd? The 30 da-•i• notice Was _uPPLtse ' rt-1 avoid th;? -ud'deri t:3mand to move m7lrrlet7late 1 : . tenan s ist fine -oi(!Pi e.'•'•: l2)'�re •aer r gratti fif 1 i:eCai.l=e t11t j Ltl n c_.r ;.:L•;P} !'.= T riHnYK 3±hart_ it`- tj!a Sale pritre_:r R! t 'te: !c P!j i- !e t_i_R!P1e':•:: !.;P ?•'-t r• ra toy 5n wnen the a.RIit ijnt o'° r.wni- i nt:'rta:".e ca.ate nowrt epant= had had P1 +_'r!t'•i- itt tlmi= tit ._nVC—s Hate __'"native=. in P. it :_n 7-a?. -1 a n 1 n 1_t•e+a 5 :j e Pit t± an 11 (<_ lards ip for tttft_e 1 ; 0,Se h11!j_ n9 t-i1St5 are t_ it=e t-n �ht,1r, i Iriai -WhY shoo 1 d E n,-, o r1 it:a.c- i-it tell ither-r. .1-he1r financial 51,t'ia ti.:,n l f _r,' t the 1?I?t-tr tant 155ue tl"ie ma tier of ® s.Ijt'f i.cieni Pr-t?yetilj` r [.-+1: e? „. IN 1111111 mm mill MOTION (m/s Chappel 1 ± Lawrence) (Pr-el imi na:r r statement! It is respectful 1''i' re-nuested that f or the fi!1 1 owing motion the cl'lair' divide the house and re":iUest the secretary to record tryt? ,:,!Jtcome as majority-rriinorlit'y recommendations) . At any, time a person and/or Per_ori� who are the legal tof 8. Pr`Ope. }`r that is r or"ma11 `t' considered "rental Pr"i,Per't ? i!r'' rt.sidentiai use. by any reasonable standarai i r,r e n 0, to pTace, Sa.Iit property air. mult3P,es the^of either for• a} e antil:ir i_�'!a,n9e p"Y' inr_r'easirig or• t1ecr•eacirig ttl.a rlijMrje,-• iIf Pt_r"sfjrl Itiiir'-) art-'f. t'r'Pe :ir t:,y; ! ,it ? r!tt_r"e_t 3.r! SuC1'! r r-i re r -."i't 1e: ? Or, t-'-ia r,9eS ir{ an••i' -he -?nan frig and/or. !_!tiler changes it';” !i Liirlers-11P of IIch i�r'!,tPwf'*'i'( iet ) that tit3'. affect tr!e ti!Je r'arit "r•i m tt'riar,i—. %�''i' Rtitr'k`' trlan I. t�!Jr1rlg the -f-wc-ri t"y-fQI.,r r3 ; endar fr!i,r{'[hs fr,•1 1i,w irig the cite i1f =afeI r '_;F!a. .n r?iJm�•er• =tf 0uj n'�r..-7 etC, 9 trte n:_!j rri t':tz ri t Pr oPly tT is s a. nr,ti f.• a [ i teriaF; S Cert_t'ieU Ria.t. I n,rrr i _r i.f!f11 .�. Ie cnr!t"empl a'reed _ iar!9es Once no l-1f t = r �^ s"�rl t�i, i�G }�-!e test a.i{i_`= ,iT !'•o-=,=i: t_ t I t G ix t t.ia"�` P-'.t_TI' 1.ti f•e,�t�'i.c�. i,?' r{tit..t-l: �!~ irtte r!tg flitti f._i. !_ 11)ri C-r. S. 't i rl 11i r•1 1 7 rRr T 3 ri f P U r!_Fi as C 31!r prirPt�•-•t•; at re3s,:)f!3Ft' e V3? IJ<' ' rtnartt- `ta_T ) D affn,rd d t e fir"5z t r 41 9 ht to a!jr.!.r!ars 31 !^! Pr"opPr- ~ •. T. he a¢ y a. ! IJ!� !_t t t�!L' G('•,i P t=r t-- -� -.�{3 i f r{ft t t_ r_e e!J: t'n,7 r'easunaJ1t:-, iiriar ;et va1ije ,ir the e_i,ntiquiilj_. r±rt: DiscU=_ -;n leQa1 PInonIter-, in `-! _ ! `iP<_ C!t _3le5 t31ricl eitiment it! ? ? 71rig t,=t miJ t'.P t= Ps_oP1C Vs, single Persor{ or ® cirPor'atio,n iIli tti '-wo Vs= a `<_iyt R,ir{`h> Vtr, er.__ ) . 4-ijr*`,er restrir_t ..ins !_!n 1antl'; =tr,�_i a call) in Washingti: D, C. s i t' pr•i, 1 r 1.,i '- i r tf, t" itT g with t1riC_ W_. ri _V-- _fl=� �_RI_ ia.' _ to rti_ itif! I imit for tenanT_. to come IJP witri 'brie m!_tney. VOTS* Ma_fur,il_'i' 0P±n_Jnn (n ) 67 11 i n,_,r•ii"i opin1kin ('Y'es Abs- ter!ti ,iris 3 for• •a. t,ita C.f f 1 votin9 member•: Sri Cha i- -a+ ' 1 I W i,R!Rit_rt!l that the Ci ''_'� iir• _ to no}i t'''i tenant`- as s-ar- '•f 3 ?ri ra:t[r f e :if arr-r- intended t:wnei—Snip i:Er 71 ria.fi!=in9 t r.uc= Ur'e, tila.t rriiq�it rlave, an - impact Ijporl t'_ric�- rent or ot`ier I"I C:it inr!'. !. to rlan CY i).f�NIT: (RI%r A'�t'�`';' 9 fl riaPPe � ) Ciimm!,nl ,_at itn t4 rl,_t.t 1!r':.,g c?m C'rl t ri it Ij 7 ,� it L --in Nt,_ ii r•R{ i r` .a Li i e•i t t--n ;t,_i t'i r,t: t.'o 3rir-1 ir,'^_. tiril+ `! ILi+r{j i ,-I acc-CI pan'T th 3rinU3 re i to PP i ,=ati rin `r,r a, r,tj�.i!'!e1__ ? i��t=+',=e. �1' I-e i a )_ C Lit m RI U rt 3.t_%-!..r -on !ice erli= 7 ,=)f! t!'ie i!+.t.!1 rig *•a,teR!ent=, or sligge tiitns were IT,._y_e -•.4 r•a i r!1 r}g f C.r• IT!a ri a,rl t_r _ .i'i !_i t;i,R{? !! ® en rlot �r i} _aije_t'_ '-sy ter!an`s t_! managet 'iti( •i"•�n t r t_"'r{ `ii e t,r•a S g „ n Pa _ri4 tt ) , Ci•tei , `,Y car-b jr{--P3t_k'g {1)i}"! Ji_ri ir_�_ 'r t'i r• 'e:<'t!='. 'I t'4 m?.ii? ers _t l,_{,;!"!t_- t1?r'e= C.?' r'�_'a{Ie Ct and r_nrriPIeti,-jn, i.nc i ude a7 l aspects of the complex affecting the tenantsi not Just individual a3partment5y Ttariw 9 er t+:, r:eep records of ma?ntenence re'Atlestss and ,_o tnpletir,n for• a year, -Th4S Would benefit Managers4ts,�t�ld Piave re�i?est� in wr i t_ingx and ti3,-,ijl dn' i_ have to fry to reirieTriber•• "who want;d what" ) ; tenants ( it would not be /forgot-ten) and owners (3.`',•le to lip ,:,n repairs needed and done and manager' s e f f i•_i c-n,_y) . ^ 1r± agenc,r' sr±,,U I d be avaiiabIce t_i, suppE'r' infor'Riatior, —Wt: fnigr±t develop a pro•Eo,—t'tpe forat wbi,_F, could be -adapted =,••i• tho± ze cunc reed to fit the individual ituation. F',--, ``e next meeting ,_omirizttee members are asked to bring r± a 'r' material that might be of Use 1n deve? of-in9 such a r„r•;i; U!9,L r C Ct);"j^1F N'r T?'iG I.-1 eao f the i=o ir±!Tli ttee putt in9 ut a m a,t i,,;n t' enants and f eyn I r,rdS a.nd! 4r, i--h4 rig 1irie S TI Cf 11 ri C a t l ,irfs =.f,la nLIS the r• o o d aU_7 IURNMENT: 9:30 I �• , . CUPERTZNO RENTAL HOUSING COMMZTTES February 23, 1984 Staff room, Cupertino City Hall PRESIDING: Janet Wright, Chair CALL TO ORDER: 7:37 p.m. ROLL CALL: Burt Avery, Sally Brennan, Terry Brown, Al Chappell, Iola Hendricsen, Beverly Lawrence, Louise Levy, Bill Rook, Max Sussman, Robert Wagner, Janet Wright; staff, Barbara Brown. Also present: Vicki Gilfix. . Not present: Marge Bosetti, Ron Henderson, DiAnn Walker. MIFUTES: Corrections: under Roll Call, read "Barbara Brown". She arrived 7:50, not 8:50. MOTION to accept as corrected; (m/s, Chappell, Brennan). Passed. MATERIALS DISTRIBUTED: -Maintenance order form used in one apartment complex (Avery) -Note to be left in apartments to notify tenants that a workman had been there, and what had been done (Gilfix) PUBLIC COMMENT: Problems in communicaticn between renters and managers/owner can be severe and rustrating. A gentleman from the audience was explaining his problem (sudden, requent, high rent increases), and made the following requests: 1. Landlords should accept cost-of-living increases in Social Security as maximum for rent increases for Senior Citizens. 2. Evictions should not be allowed without cause. 3. Annual leases should be available for tenants. The gentleman was asked to return when we reached the portions on special needs since his proposals were for senior citizens. Discussion among committee members brought out the facts that the longer ago one's retirement, the smaller the Social Security benefits; that there is a review of Social Security before the federal government with a suggestion of tax refunds to S.S. recipients. Lawrence passed around a copy of the Tenant-Landlord booklet put out by the Palo Alto Human Relations Commission. She will bring more next meeting. The possibility of the committee making upa booklet for landlords/tenants was discussed, along with the idea of the previorisly recommended items; the consensus seemed to be that we should continue to make recommendations, and after we complete the study decide in what form(s) these should be and how distributed. (booklets, single sheets, packets, etc.) The problems of policing any ordinances passed as a result of the type of recommendations e make was brought up. We do not feel we are even suggesting these be put into ordinances, but are offering them as suggested ways tenants and landlords can avoid problems, or settle them easily when they arise. A discussion on maintenance requests resulted in the foltoWin4* MO-) `TON: ;Rtt1 Averyi Chappell ) . We recommend to the City Council that a _..Y;39 sted maintenance re-quest form be Provided to la:ndloeds which int-lu .' " east the fo l Cswing information: m .NTENANC-F, REQUEST . TAPE V u at if3_•s JL jr! 011PI "l..3 t e i fv t '! or!E. t_!. be (3jver tC. t!}�::. l i='S- °milvl3 jr;, tE!fi Vr_ ili,�t � !_iir!ij j't_?ll rl reports f'i'li Pr"'rl F�3c?fii - .c q terta r!~ j.nd4 an Iilrlj tllgetner- when +ale apar"tmer!t is eR•tPt.., f��(• ,...._lift- r•a_Pi_!r•!:q wit2er'e rii ntj.ur!t? �. M("TI )N: Ori v Lawr•en!_ei Avery) We will mrnl-1 r, th '!it,J e Y!i i`•l —,"._rs+ rTI!j V_ -,_!_;r !_ond-i 'tion r"eP!ir't in the maI-eF.ia i 1,ejrig sent t + tenar!}- :r . J9"l .rt � 3 rt _ ;� P F f V r'm � l rr i !1{_ iltr sP1=e rt! r S 19 r!3.t t"i r. iandiler•!a and ter!3r!t. P3fz_ed. YrE'-'Tl�_„" ADJOUR�sED: ?=30 CUPERTINO RENTAL HIOUSING COMMITTEE March 15, 1984 Conference Room, Cupertino City Hall PRESIDING: Janet Wright, Chair CALL TO ORDER: 7:37 p.m. ROLL CALL: Burt Avery, Marge Bosetti, Sally Brennan, Terry Brown, Al Chappell, Louise Levy, Bill Rook, Max Sussman, DiAnn Walker, Janet Wright. Not attending: Ron Granville, Iola Hendrickson, Beverly Lawrence, Robert Wagner. MINUTES: Corrections: date should have read MARCH 8, not Feb. 23; Ron call should have Ron GRANVILLE. Accepted as corrected. PUBLIC INPUT: A speaker explained that she sold her home a few years after being widowed, planning to have that money available for her retirement while living on her earnings. Rent has doubled in the past five years and apparently will continue to climb, so she may have to spend that money before she retires. Other renters haven't that money to fall back on at all — what will they do with the high rents? In some cases one of two bedrooms must be rented to help meet the costs. Another speaker confirmed this, and added that taxes and personal income are not rising as fast as rentals; why should renters have to pay the additional costs when houses are sold? One speaker commented on our Maintenance Form suggested last week, that the form should also have a place for renter and workman to sign when the work was done. r..IOTION (m/s Avery, Chappell) that the Participation from the audience be limited to five minutes per speaker. (AMENDMENT m/s Bosetti, Chappell) The public may bring written information to share if it is lengthy. Amendment and motion passed. DISCUSSION: 11-C "Communication through intermediaries" 2. Resident's Association. Chappell suggested that residents' evsociations be registered. This led to discussion of prevalence of such associations, what information should be included in such registration, where would be the best place to keep such information, what the effects of such registration would be. Walker particularly felt that knowing they could go to a neighbor/friend within a given complex when there were problems would enable more tenants to solve them, since many people are afraid to "rock the boat" by going directly to the managQr, or to an official group (such as a mediation board). Avery felt it might be setting up an adversary relationship with the managers where there is now no need for it. Chappell felt it would be easier for landlords to disseminate information or handle problems when there was a specific group to work with. The city could not "police" the organizations to be sure they were truly representative of the group as claimed. Barbara Brown said that the city does have a list, more of a roster, of home-owner organizations, but has no way of checking on their sccuricy. TI A10TION: (m/s Chappell, Walker) That the residents associations from rental properties in Cupertino be invited to register at City Hall, including a list of officers, statement of purpose, and bylaws if appropriate. If city officers deem it necessary they may assess a filing fee. Passed (5 yes, 3 no, 1 abstention.) MOTION: (m/s Levy, Brennan) At the point < ' a tenants organization becomes registered with the city, the same information should be sent to this organization as we are recommending be sent to landlords. (Passed.) Barbara Brown asked what responsibilities we felt these associations should have. The topic was tabled until next meeting by consensus. II-D Ombudsman. A discussion of exactly what position ombudsmen should hold and who should serve in that capacity led to the NOTION (m/s T. Brown, etc.) to move this item to IV "Methods of Conflict Resolution"as item G. II-E Written notifications. Most of our recommendations have involved these, and the "Palo Alto recommended Code of Conduct"also has information. Barbara Brown will compile all the motions we have passed during our deliberations, and distribute copies to the committee. Rook raised the question of why the city should have jurisdiction over rental rates when it does not over other costs (food, clothes). B. Brown explained that that would come under its power over land use. Additional Public input: People can choose which food and clothes to buy, but in the present situation they have no control over housing costs. They feel there is a need for more housing so people will have more choice. B. Brown explained to the citizens attending that the reason this committee is meeting is because the City Council has heard their call for help and is trying to find ways to ameliorate their problems. ADJOURNMENT: 9:30 p.m. Respectively submitted, Louise W. Levy, Secretary * . K_ IF CUPERT INO RENTAL HOUSING Cc;MM I-TEE 3.rS c-y 7740 - t.l F'} f^.'v'w r`;'7 i'y' ;F'a r' :2``v f-\ 1_�Y a P P t� i Y r C.l a ti„f,.r�j('• t� w�S•1 ;3+wt r-+,'r!i_+-9 ..._i,!_i'..r 3_�' i 7 yct.. _i! lTI7.rr• Z.!l F,t�i•% v G>-i<;±!' t D1.Aiii1 in!"a W�.r l ca' W r T c{'-,Y, ti = i._ ,,,+�-e.t� f-I y _i!�� �;;+1 ,�,:i C_._ � t- *3,rl+` = t�'f'_t' ;r�{-.F',j,r.s r ijI r! i f-, I ri C� ��!'� < i_i_ ..._,T S 9 �� +-+l;1 F!7 .� •'t_' �_ ._�P t. I '! '.,"I=' ,_(,i , ,�,�t'� .i I;_ � �"+�ri+1 r'_r� f�r! 't,:+c f��`+_t f In W 1-,tom { _"3- •''!'{': ,�!i'•. ,.__Fig`rr•��_r �1 1 1_t'} ._Y :T Q �,J_ � _!_!)!* ':�,Li�i_ i,��I c 1�—A i -.t 4'T!i i ..;,r i 1 it r - ^.-s i-I I-, %in r 1 :;a.�in r T r j i^'t +_r! ,�i,if'11T:;,^t'I S�'n?C? !-'[.-t flit~ r!'-ed more r,rinta` Lrn iY ,'f,tln9 ij t .-s 7'•e? of 1_1 n 9 F e in !li`f,_, ,_a.ri r!o ,i m es `i C''''+_ .>>_+m"L. 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'.�1.�.!�1_ f(e U, '.i i1!F!t_r _ )D'_�1� u 1l{..;i,?,i:.? �j.�'_ =1Y!'.r; :'t ,_ !"!,' `? i•9 v i :,lJ i"!,�'}'_t t.r' .a General ti1s!_i,issjon: We nee',j to set standards before we can make r,;tlr!frirrik'ndatI onj. There are riany different "+t.arl!..!ar'I.I K t!1�iPt'a !a •IC ne'+ 7 Iri`✓e st!41e•nt in it should not compare with i nve xri9 r, Ft cu1a. :•✓es rion-essential l it6e s ,.?s-.tat:"•`*,jG f•.7 uS?n9 as oe!__i rnw a Cpei•_u !atIVe InVev"Merv, Oa",•.is 0r! a L r+"1a1 ric011e4 not Pr-e°_=en'` rates. eople W11,;_! 1rivest ffOnt:ti, !.jant riO + rt InCVrr!e ror' -leir, inn,r!e,i.. t!rCS TI r''e W`3 r ,e=t 1 L! i!e: 4 iJ+_ t!_! r rt e r a F i ej 1 ''f :t rs c r'e a a,I r! c!?s t 'jf r.G-�,,}'�1 }-ii}).:i ;.ri�. enF1 fii,riit ,! �i?V'% .t_o _•F4%t_iI'' ate Wit ! '��helr' '�r";t _ !'.r�i !';:a`✓e +-Ci a �i a V i_ e. i=' •3.!_L -';-! 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'!!i`✓.�r.4s!__? !_i rig x :!t a F,a r t rri i7 n ?._ _ .. ; _ � ?n -,:MY,_,•h i'ij;,. -. _ �if,1i 1 :?%�,_i %ii ti_-!;%- pr rp�. ,iG Kia' te at. !.t)e net-`!! t!: !e-a r' thi' r-ea s!in s nd ti'h i? !!r•r" r'y - _'_i1a 1.'1�irS �l!:_ _r4 r'?tf•'.<.=r' 4-�!+1_rl !",P?.ri a.,i r!= . ;jaf3r art: not 'a*' iL`7-t;'! i i,'•� =,n C :=i t t-=4 !-�''=--n 9 ri F�r'•!�,1r�1<%rfh t'i i' E i,_I`.t_'f . {:�,1"! f7: Pr _:f3_1.` t% •�i n;,�:ds_ i iir- trt t�- rL L '_!i *rie !_ii Sintr' ? Wr;,'i• must G_!e he-vp ;4- i�!? ';-z ri c%''= •�_.'i! ! ,_!==%t-:: t t!ha Ii?n ( We r!e,%!� �!! frl,ir•w •IL!4Tiery S::rG:. 4 3ni-�. ® yi LA.Vt. Ps .iF -t.rii,4 �.=, ii _ Y"! 1 L:. Ili `fi iv_ nVt_ •LiJ r' 7 i'.'n!1er 7 ',Ia !Ke,rS :! !i f r ' i r.is r!s ' - �. tt?r!a;! - `'-i ri i_ r!_!t .i 1;• t ii!i!'• it Sy ri R!N ff!'.!e r'�•. r- ri ._ . a,� .:-;_�: L r,? 4?.r<% n e S_!j t!,! �.:n i,iij !x I�"i�.!_ 7.f1'-r!Q'_ ].t?"e i_t a.r t: _!-, %.}a.i. !n C!!'.a e r'n Fri;_nt ri�-a 9 raT,'_ r!.Va.J, i a e we need V 0,_2.!_.,i. �.ct t!:! ri!_r'c_�.''t% file ";ft i�_ ' ng =upF l '•, i..h t�ntt r-e Si Ut'�h L+ !t_ i Q= S�I S rl`E V? 1 e 4 Z._ _'D 9 r',c:e - i 'V i` . "e, Q'',n t_ a;i-,_r Frio r'"` ii!iii%r'1 ri Lrltt?rt {. r. t_ 4 ;�=1 rig 4:,,r!!j Fr'i!f71 afft^7 n,yV7.?iQ 3. y,_' ry `, t_ _Qr• f f!`• �_-!,_Ir_!tl tri r'Li!�gii tei<_ Pt%rffll i' !=('•C,t�e _.7 _. ...o Over- i ncl !_I no -S u='P i U`_`i rig have a! ty= - C!i.e ri tlr'7 g F,:,; n <?,1 ;i_It `:? J. U f.t; v3ri !J= i1I 'f= t,; re_.c! i ve c!nf? i tr n anil}-:er o ,!_ r' MD._jQr• Pr!''D eMs7 tr'at~= = �=•t-!iF s19n=7 tra.il1 _ ._+ h' _. ! u•!.e F<%r't 9.no -- nrit Iv .1 tl.ng f"i!r 85 tID oc! , e:x:terided tii 3. 'i:.,_ ,_iir,'~•' 1Ct= . E;}e s.!iil,j j rl t!, aL!'� t. i-- _ii I '!+% rental �!i_!I� Ir:R `r! _C = . =' r!l:'�! i frie,_hanI_:MS t,.! i :i ' Q. tI­iat we rice o tli !_:iris ntr'a.te :in 1—he uun ir- areas r!� _rt.!__"I!:7 ar!! [Ti-a .'Ule' W'j,- t n=_'i_<_= _ar '. . rj - : -=: -• - - - -i �:; '. (!ri ii7_r" FF•-'!.jai s! .L T I T ! '•('Fe i,'i' �: !1"!t�. i�t`=•4 at•i! LAY jI !_i;I!-!r!. w t"1 '_ - c 1,t?!f a.I,;i a:r•�r, s%n { ':i{:("''Y• t„ "!,y,t 1 i r , ; i�I! 4-i l fe '.t"t=i f S'. _ri :. 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Would 8; -,ick Grants be available to help in this? A, y — Sec4nd ?_)flits in R—I t)ous11'ig. to " -r•artri-e Units" . Ar'r' 1�4ie re qt ir-, FT#w_r?ts too str-incl nt? ON. t:m/'= wa9f#eI'''l Wa.l ':;_r) that; wie aske �?m Sisk ( first chog:��l Cowan aT#o-A Burt; V].slo vich toJcome to out. riG .'t meeting and j e s "iou'7' t!+• Provided with ,Lir- it?#t1 incf ar#L Plari tir st.a.,j. f.;iu i _ne me.-tir#g Loft anSwCr• [j =t],,_i rt on tt_aPit_s StiC : 3s val.cant . 7 t_t?ri'•t t;'•j' f:'_. rig! t_on t71.Q#.i I+i.l`_= L of ca i t _ i t e w S s. ,`e Ve�` oho Pme'? '3 %�rl -.. ;L, "i_t r• ?"r tlil_ ;. i4} r"t=Veri�'� ;_o ti rl t.' s ? its �fi[r i•Tga.gt. _ _ `=o !'rls_ '1=7_ Lo .�_ _r'�. '�'Qr' i'`#P �y?I;_iiiilt� aV�3.= abVM. I'#3tC !1i1.'i_ i`.t' ..•#o�r' '3s>.E �-'#tai..trtj:';? i"tit"1t� s'er''"i' 5 �.. h Fw CUPERTINO RCNTAL HOUSING COMMITTEE April 26, 1984 Conference Room, Cupertino City Hall PRESIDING: Sally Brennan, Vice-Chair CALL TO ORDER: 7:30 p.m. ROLL CALL: Burt Avery, Marge Bosetti, Sally Brennan, Terry Brown, Al Chappell, Ron Granville, Iola Hendricsen, Beverly Lawrence, Louise Levy, Bill Rook, Marx Sussman, Robert Wagner. Also attending: Vicki Gilfix and Jack Paulson of Tri-County Apt. Assoc. , and Barbara Brown, staff. Not present: DiAnn Walker, Janet Wright. GUESTS: Jim Sisk, Burt Viskovich (City Staff) MATERIAL DISTRIBUTED: Minutes April 5 and 121 'Project Match'; Palo Alto Rental Housing Mediation Annual Report (fiscal '82-83) Append. V; PAAIRS Mountain View Rental Housing Mediation Annual Report dune '83 - July '83; Cupertino GP Housing Element, pp 66-749 and Land Use Options Table 1-1. MINUTES: April 5; p.2, para. beginning *They have a, contract--" add at the end, "six were unsuccessful". P.3, para. beginning "They had 2312 calls--", after 022 were considered successful" add "5 were considered unsuccessful". MOTION (m/s Chappell , Hendricsen) to accept as corrected. Passed. April 12; p.2, under FURTHER COMMENTS, "Lawrence --",change "is causing" to "one of the causes". MOTION (m/s Sussman, Chappell) to accept as corrected. Passed. PUBLIC COMMENT: none at this time. DISCUSSION, AUESTIONS FOR CITY STAFF; Part Two I - A "Shared Housing" 1. Project Match: The city is familiar with this program and supports it. 2. Second units, R-1 Zones. The city has an ordinance permitting these; however, one of the units must be occupied by the owner. Other regulations include need for an extra parking space on the property beyond the required two, an exit from one must not go through the other's living quarters (there may be a common vestibule) , and it must be visually consistent with the current structure. There are also het-back and size restrictions. Enforcement of the owner living in one unit could be a problem; no meci,anism is established for monitoring. Also, Lenders may find this a serious barrier. The purpose is to avoid speculation in re-sales. The original purpose of this ordinance was to permit additional family members to have a home there with privacy. This ordinance was passed in October, and so far only two have applied, none completed. Covenants and restrictions put on sub-divisions by builders are not enforced by the city except where they also are in city ordinances. „.; a Questions were raised as to the necessity for the owner-occupation requirement. 3. Room Rental (R-1 zones) . This is illegal in Cupertino, in contrast to shared housing in which a group rents a unit together. At present 5 unrelated people may share a dwelling unit legally. The specific number restrictions in this are currently being fought in court in other areas. Perhaps ordinances regarding amount of space and facilities needed per person would be better. Renting out a room would make the house a "boarding” or "rooming' house under t`:e ordinance, and these are not allowed in most residential areas. B - Conversion of other existing buildings to housing: Cupertino is permitted to buy up to 30% of closed school sites at below market rate under the Naylor Bill , to be used for open space only. If the city were to buy the rest of the school property, it would be at the market rate (around $275,000 per acre in Cupertino now) and use would have to be consistent with the area around it. Most schools are in R-1 areas, so could only be used as such. Zoning changes to permit apartments or housing denser than that of the area brings out the entire neighborhood in protest. If any change in zoning for conversion of schools for multiple rental units were to be suggested, housing for seniors would have a slightly better chance of being accepted than any other kind. A recent attempt to place apartment units for low to moderate income renters and handicapped, off Stevens Creek near the Post Office, met with stormy protest. -There are processes available for communities allowing non-pro4it organizations to buy up land at below market rates for special purposes such as the above. -Currently about 307E of housing units in Cupertino are rental units. -only 4% to 5% of all Senior Citizens now live in rest homes. -A suggested law in Sacramento allowing tax benefits to landlords who provide low-cost housing has met with no success among legislators. Cupertino has some low cost housing provided under Section 8,* but there is a 2 - 3 year waiting time, a long list, and many applicants do not qualify. -The city is trying to encourage builders to include living units in their plans, even in office complex areas, etc. II Encouragement of New Units) A Land Use Plan; 1. Zoning. The only areas left in the city for dense zoning �. •e Mariani and Town Center. Marianni had originally planned over 500 living unit(:, but now wants to build only office space; offices are apparently easier and/or more profitable to rent, and/or there is a fear of rent control among lenders. Valco was originally suggested for housing, but the idea was not liked. It is hard to determine how many of the potential housing sites in Cupertino will actually be so used. Hillside zoning is such that there can never be dense housing in that part of Cupertino. BMR** (Below Market Rate) housing offers extra density and "fast tracking" on the permit process for any complex of ten or more housing units that includes 10% at below market rate. This is RENT COMM. MIN. P.2 being used much; larger complexes are needed for this. A Committee has been appointed to try to find a way to make it more suCCessful. Perhaps BMR units are not well publicized but there are many applicants. Many of these, however, are found not to qualify. Areas zoned for duplexes may not have anything larger without re-zoning. City ordinance forbids changing apartments to condominiums unless there is at least 5% vacancy rate in the city. Lot splitting is highly frowned on by neighbors who want to keep their area "as is•. NEXT MEETING we will have Larry Sheenan of Consumer Affairs and Mike Lowy, a San Jose area arbitor/mediator to speak to us. We will ask Mr. Sisk and Mr. Viskovich to return at another meeting. PROJECT MATCH: Brennan reports that the people who run this program would be delighted to have volunteers to do pre-screening for them at the Senior Citizens Center, and will train them at their offices. Training takes about two weeks. They do have a computer, though the Senior Citizens Center does not. Hendricsen commented that the problem of a computer at the Center would be more the problem of having someone there to program and use it to best advantage. Brennan believes a local company would be willing to donate one; Apple and Hewlett Packard were mentioned. Brennan mentioned the Housing Assessment being done by the Council on Aging (Carolyn Urban doing the study) . We will receive a Housing Rental report next week. Paulson commented that Cupertino has let small groups of residents "zone" their own areas through protests, and says that this is not the usual practice. PUBLIC COMMENT: Olt all sounds very pessimistic•. ADJOURNMENT: 9:25 p.m. Respectfully submitted; Louise W. Levy, Secrerary. *Section 8 is a HUD program for subsidized housing in the County. A few units are in Cupertino. **Cupertino BMR ordinance so far has provided around 15 units to relatively insignificant in number, ) because of the lack of new residential housing in the past few years. RENT COMM. MIN. P.3 CUPERTINO RENTAL HOUSING COMMITTEE May 3, 1984 Conference Room, Cupertino City Hall PRESIDING: Sally Brennan, Cc-chair CALL TO ORDER: 7:40 ROLL CALL: Marge Bosetti , Sally Brennan, Al Chappell , Iola Hendricsen, Beverly Lawrence, Louise Levy, Jack Paulson, Bill Rook, Max Sussman; also Barbara Brown, staff. GUESTS: Mike Lowy, hearing officer for rental mediation and arbitration services, formerly in Palo Alto, currently in San Jose and Hayward, has also worked with rental task forces. Larry Sheenan, Coordinator of Consumer Affairs, Santa Clara County, which provides information for consumers with problems, including housing rentals, in areas not otherwise covered. MATERIALS DISTRIBUTED: -Minutes, 4/26; -"Consumer Affairs• pamphlet of S.C.C. Dep't of Consumer Affairs; -City of San Jose, analysis by administration of uRental Housing Coalition Report on Rental Dispute. . . . .Ordinanceu; -letter to Janet Wright, Chair, and Rental Housing Committee from Tri-County Apartment Association. MINUTES: Add the word "not® between the bottom of p. 2 and p. 3. Minutes approved as corrected. ANNOUNCEMENTS: Brennan announced that the City Council has scheduled a statue report from us at their next meeting on May 7. -Lawrence announced a Conference an Second Units at SRI in Menlo Park May 31, 9 a.m. (half day) ; -Hendricsen reported that the Human Relations Commission is having a public hearing on such matters as rent control, 2nd units, and shared housing, in the Old Supervisors Chambers at 70 West Hedding, on May 17 from 3:30-6:00 and 7:30-9:30. Anyone Interested can call 299-2206 for information or to be put on the agenda. PUBLIC COMMENT: None at this time. MIKE LOWY said that he has been a hearing officer for San Jose for the three years since the Rental Ordinance has been in effect; before that he was a hearing officer (unpaid) for the Palo Alto mediation board, and recently has also started with the Hayward mediation services. Palo Alto mediation services (PAAIRS) is not covered by a city ordinance. Complaints are screened as they come into PAAIRS and when mediation is required, one hearing officer is called, who makes arrangements with two others, and then works to have the parties concerned agree to time and place to sit down with them and talk. Thera is no legal coercion, only social pressure and general willingness to compromise, so it is a "pure° type of mediation, and it is inexpensive to run. The major difficulty is in the initial stages - getting the parties to sit down together. Statistics are not available, because the City Council would not allow even "aggregate" types of records to be kept as to the types of problems and how many were resolved in what ways, for fear this would prove "divisive" to the community. San Jose's mediation/arbitration process is set up by city ordinance, and has an advisory commission which makes up regulations. Attorneys are involved, so it has become an "adversary" situation, and is becoming quite complicated. Sometimes the reports on the results are 40-50 pages long. Hearing Officers do get paid; costs covered by licensing fees to the landlords. Since arbitration is available, it is "coercive", not "pure" mediation. The ordinance states that when raising rentals, landlords must notify tenants of their right to petition for mediation; this is often not done. There are also several exceptions to this ordinance. The first step is mediation, hoping for a signed agreement between the parties. If not successful , it goes to arbitration. Hearing officers again try for mediation; if still no agreement, arbitration starts "from scratch" and the award made at the end is legally enforceable, but can be appealed through the courts. ® Complaints include the time involved, and the landlords complain of the time and cost of preparing the documents required. The Ordinance states that rents may be increased by a) not more than 8% yearly; b) by "cost plus 5% yearly; or c) which involves debt service and other economic factors. This is now the major reason for rent increases, but as buildings remain longer in the owner's hands, not resold, "cost plus" may become more important. Time frame can be 6-8 months, sometimes more. Maximum time between filing of petition and date o4 hearing is 30 days; there can be continuances (for illness or other reasons) , and a second hearing can be set if needed. The hearing officer has ten days to make his report, and another week or ten days are allowed for an appeal to be filed. If filed, arbitration is scheduled, and can last for several weeks if there is more than one hearing. The report is allowed 17 days more. There can be extra time involved in pre-mediation conferences, delays allowed for one thing or another, etc. Attorneys used often request these continuances and delays. Rental rates may not be raised during these procedures. Among exceptions to controls are units voluntarily vacated by the tenants, which can be re-let at higher rates (and no longer controlled) if the landlord puts $200 or more (documented) in improvements into that unit. Variable rate loans to owners are making rate ® determinations more complicated, and very substantial increases, up to 50%, have been allowed. Tapes are made of every hearing, which the parties involved may buy, and the parties are free to discuss the cases with anyone. The hearing officer may, however, exclude people RENT MIN 5/3/84 Page 2 u from private hearings and sometimes from regular hearing*. Lowy feels that rental housing has improved over the past three years because results often involve upgrading of units or complexes in return for increased rentals rates. Heyward has only had its current rent control ordinance for a few months, replacing a chaotic system previously used. Currently if rents are illegally raised (tenants not notified 04 right to petition) the landlords must repay any illegally collected. Many landlords haven't realized that the new ordinance is "serious". There is a two tier system, and no advisory commission yet to establish regulations, so it appears a "common law" will develop from precedences set by arbitrators at hearings. So far attorney's are not much involved. Otherwise it is similar to San Jose's system. Other problems that come to the mediation services involve decreases in services (which are essentially increases in rent, unless rent is decreased also! ) and cases where housing code violations could bring rental decreases -- or lower increases. It is very complicated, and now tenants, too, are required to document their complaints. The hearing officers are allow--d to send City Housing Code inspectors out to the units. Subpoena power is available but seidome used. "Dummy books" are rarely produced; landlords more often will simply not bring any ® documentation, but this can lead to a decision of "not justified" increase. Otherwise, cost verification can be made through computer print-out, through appraisal of the buildings (landlord required to do this if demanded) , or such papers as cancelled checks, recent deed of trust, or lender's statement, etc. Lowy's statement that he felt sales and new construction have not be affected by rent control was met by Paulson's statement that most 0f the building sales were due to 015 year depreciation". LARRY SHEENAN has been hearing rental landlord complaints in his present situation for 10 years. 40-50% of all calls to Consumer Affairs involve tenant-landlord problems. On the basis of the average of 2 written complaints per 20 phone calls, the 2 letters from Cupertino indicate 20 calls on the subject in April . Based an the written complaints, probably no "control" is needed, but a mediation service would be very helpful. He mentioned a "ripple effect" coming from Mountain View and Palo Alto on the rental situation. The main purpose of his office is to inform people of their legal rights and recourses, and make recommendations as to proper procedures. Any complaints that cannot be solved by letter are referred to other agencies. They can, for instance, refer people to housing inspectors, or suggest small claims court. When there are rental rate complaints they can only tell them whether or not their area is covered by any rent control laws. He feels there is injustice in the "no just cause" law permitting eviction with 30 day notice, and that it causes a serious social problem in this county. It often happens that RENT MIN 5e3/84 Page 3 InP�' managers will evict tenants for personal reasons, and 14 owners and tenants can sit down together in mediation there is usually a satisfactory conclusion for both. Managers have been known to give different reports to owners and to tenants and/or mediators. REPORT TO ciry COUNCIL: Brennan submitted a draft of a report to City Council; it was suggested that the work plan also be re-submitted. Following discussion and a few minor additions and changes A MOTION (m/s Paulson, Chappell ) wds passed that it be presented to the City Council . Sally will present it (at request of B. Brown, even if Chair Wright has returned) and committee members are requested to attend if possible. Brennan requested that we think in terms of setting an agenda with a time +rD-e for completion of our charge. B. Brown said that our basic question is really whether to recommend a mediation system for Cupertino, and if so, what, and how. Bosetti requested that we spend one meeting 'brainstorming", without discussion of pros and cons of ideas that come out, trying to come up with something quite di++erent in terms a+ problem resolution. If properly set up and controlled, consensus seemed to be that it could be very valuable; further discussion of the idea next week. Jack Paulson has been appointed to this committee by Mayor Plungy to represent Tri-County. As a director of that organization they feel he can represent them well; since Granville has had problems attending, they feel a new person is needed. There will be a month a+ transition in which both may attend, but there will be only one vote. It was requested that he give us a brief personal resume next week. We are to read the letter from Tri-County and consider their statements next week, also. Thanks for the excellent speakers this week. ADJOURNMENT: 9:45 p.m. Respectfully submitted, Louise W. Levy, Secretary. RENT MIN 5/3/84 Page 4 I�, M CUPERTINO RENTAL HOUSING COMMITTEE May 10, 1984 Staff Room, Cupertino City Hall PRESIDING: Sally Brennan, Vice Chair CALL TO ORDER: 7:40 ROLL CALL: Burt Avery (arv. 7:45) , Sally Brennan, Terry Brown, Al Chappell, Ron Granville, Beverly Lawrence (arv.7:45) , Louis* Levy, Bill Rack, Max Sussman, Robert Wagner, DiAnn Walker; and Barbara Brown, staff. Not attending: Janet Wright, Marge Bosetti , Iola Hendricsen. MINUTES: Corrections: P. 1, -ANNOUNCEMENTS-, 2nd line should read, "scheduled a status report'. p,2, 3rd paragraph from the end beginning "Among exceptions® refers to Hayward regulations. p.3, 4th paragraph, beginning "Lowy's statement" 2nd line should read. "have no, been affected" MOTION (m/s Sussman, Wagner) that the minutes be accepted as corrected. Due to the possibility that neither Wright nor Brennan would be present next week, Al Chappel accepted responsibility for chairing the meeting if needed. He was accepted by consensus. THE CITY COUNCIL heard our report, and asked for a completion I dated p", forrably by September. Brennan said she felt we could be ddlaw-by then. TIME 'FRAXE-914! We would like to complete this as soon as possible without slighting any part of the study. Discussion included: -Recommended booklet of tenant/landlord information: B. Brown thinks they do not expect a completed "sample", that statements of what it should include will be adequate. They might set up a committee including some of this group to develop one. -Since we probably have all the available printed information we can use, and have had the speakers we requested, are we not ready to go into the uBrainstr. .al session, and then complete the study by the end of June? MOTION (m/s Chappell, Wagner) that we suspend regular business at the next meeting and spend the first portion In a "brainstorm" session, covering each part separately in limited time frames; the second portion of the meeting evaluating the results. PART TWO, II A, 3. Participation of government in projects. Block Grants for housing were discussed; very little would be available for Cupertino in the way of subsidized housing. The Costa and Papan bills now in legislature were discussed, but cannot be part of our planning at present. C9 Fcstsring of attractive financing. Bond issues for private developers were mentioned, in which the city issues tax exempt bonds which can have lower interest rates, the money to be used for the type of housing the city needs. Loan agreements usually specify the percentage of units r k a to be at low cost Othis case and for how mars ears r YY they to remain at that rate (i.e. , 20% of the units for LO years). -Lack of space remains a major problem. -very little county land is available, and what there is is pre-zoned. -Redevelopment is becoming more and more complicated; all taxes in a designated redevelopment area go back to the area, thus depriving other agencies (public safety, school , etc) of badly needed tax dollars. -New buildings can "generate more money and repay more than the taxes lost. -Palo has a dichotomy in its planning; it is pledged to preserve neighborhoods and to increase available housing at the same time. -80% of current homeowners in Cupertino could not buy homes here now. Discussing denser housing, ask "Where can your children live?° -A member of the previous committee commented that a bond program for low cost housing had been suggested to the city manager, but went no farther. -Seniors don't usually have more than one car per family, so impact is less. -How about top floor of commercial buildings for Seniors? -Anything offered for Seniors should be for current residents, not newcomers, in an effort to help them stay in the area. -Profits from one project should generate funds to be recycled into another ; private organizations could be started and supported by citizens for this purpose. -use funds to subsidize current landlords who offer some of their units at lower costs. -How about thinking in terms of small apartment complexes, only a few units on some of t; smaller parcels of land still avai able for building? (As well as the larger school sites) . -New zoning area - rental units (see above) . -in a related subject, there is additional money being sought through taxes for highways; many corporations in the area who wish to expand may move elsewhere if the tax is not passed, and we won't need the extra housing! We might become another depressed area. -Political expediency is not something we should be fighting here; we can make :recommendations and let the political battles occur in public. -Seniors do not want to be off by themselves; it is much healthier emotionally and physically to mix age groups. SUMMARY: The City Council should zone for rental units; school sites are one possibility, smaller areas scattered through the city are another. Present housing could have subsidized units for current residents, seniors or others who need special housing. A special group needs to be set up to meet our goals. A •point system` could be used to determine who should be allowed the special units. It was suggested that we look at our map of Cupertino showing various undeveloped areas within the city and their zoning status, and then go out and actually look at these parcels. RENT.COMM.MIN. P. 2 3.7% of Cupertino residents are fisted in the t9go owasus: as below the poverty l eve l in terms of annual income. Leve l sz are ® determined by the % of the median income of the area - 50% ® below is poverty level. Next week we will Meet in the conference room. B. Brown Hill mail information on the proposed rules for that meeting. PUBLIC COAMNT: a member of the previous rental committee made comments adding to our information during the meeting. ADJOURNMENT: 7:25 Reppeactfuliy ubmittead, e.;0'otC.rt-P����ff11 �-esuise? W. Levy Secretary RENT.COMM.MIN. P. 3 CUPERTINO RENTAL HOUSING COMMITTEE May 17, 1984 Conference Room, Cupertino City Mal) PRESIDING: Sally Brennan, Vice Chair CALL TO ORDER: 7:35 p.m. ROLL CALL: Sally Brennan, Jack Paulson, Terry Brown, Max Sussman, Al Chappell , Bill Rook, DiAnn Walker, Burt Avery, Robert Wagner, Marge Bosetti , Kowaski present for Lawrence, and Adams present for Hendricsen, Barbarbara Brown, staff. Not attending: Janet Wright, Ron Granville, Louise Levy Brainstorming rules were explained by Vice-Chair Brennan. The results of the session were the following three lists. I . Conflict Resolution Landlord of the year award. Verbal/written agreement. Mediation arbitration reconciliation ombudsman. Rent control. Information booklet. Knowledge of rights. Determine/know/research the problem. Cable T.V. promotion of programs. Newspaper Scene Liaison for community education. Workshop with State and Feds about housing. Advise of increasing rent 90 days. 30 day eviction increased to 90 days. Permanent citizens task force for conflict resolution and evaluation. Peer group resolution of conflict. Just cause eviction ordinance. Make opportunities for all . Planned use of security deposit. Encourage Regional involvement. 11 . Increasing Rental Supply Leave it alone - status quo. Expand project match Cooperative living. Sub-leasing bedrooms in apartments. Non-profit community housing developers. Encourage 2nd and 3rd units. Grandfather illegal units. Subterranean housing. Relax height restrictions. Encourage local bank to have attractive loans fixed low interest. Fast-track planning. Build over Highway "85"• Maximizing zoning/planning for rental units/residential . Smaller lot splits. Support housing subsidies. Amend Naylor Bill for housing and open space. Special zoning for apartments. City bonds for residential development. Establish reasonable occupancy limits in rental housing. Annex land for housing. Moratorium on building except residential . Density bonus for senior housing including for separate lots. Encourage profitable investment in housing. Mixed use of !lousing and commerical . Foothills into housing. Rehab. zone. Redevelopment zone. Tax commercial for fund for housing subsidies. Tax everyone for fund for housing subsidies. Don't adjust property taxes for improvements. Zoning by bedrooms rather than living space. Creation of special fund interest to pay rental subsidies. City built housing. Lotteries. Request all possible federal money. Coordinate with care. 111 . Households With Special Needs Demolition vs. rebuilding and relocation. Special zoning for seniors. School sit:�s for seniors. Expand project match. ® Cooperative housing. Replace BMR with senior housing. Sub'!easing bedrooms in apartment. Expa.id senior housing to include other groups. More single parent housing. How to cope with rent increase. 30 day evictions increased to 90 days. Increase seniors' rent equal to social security adjustments. Once a year rent increase. Reverse annuity. 90 day advance notice of rent increase. Density bonus for seniors including separate lots. Non-profit corporation for housing just in Cupertino. Ability to pay only consideration for rent assistance. Adopt-a-senior and a landlord. Terry Brown brought to the attention of the Rental Committee that a General Plan amendment to merge some lot lines in Monta V;sta would result in a lower density for possible development. He suggested that the committee send a letter to the City Council and make an appearance under oral communications requesting a delay on the deliberations of this matter. It was noved and seconded and passed unanimously that such a letter would be submitted to the'.City Council . The meeting was adjourned at 9:30 p.m. Respectfully submitted, Barbara K. /13�rown Acting Secretary .. f CUPERTINO RENTAL HOUSING COMMITTEE May 24, 1984 Conference Room, Cupertino City Hall PRESIDING: SaIl.y Brennan, Vice Chair (at request of Chair Wright) . CALL TO ORDER: 7:40 p.m. ROLL CALL: Burt Avery, Sally Brennan, Terry Brown, Al Chappell, Iola Hendricsen, Beverly Lawrence, Louise Levy, Jack Paulson, Max Sussman, DiAnne Walker, Janet Wright; and Barbara Brown, star .'. Not Attending; Marge Bosetti , Ron Granville, Bill Rook. MaTERIALS DISTRIBUTED: Minutes for May i7; News articles (Los Gatos rent control, and Sunnyvale Housing programs receiving federal funds) ; and a proposal (Al Chappell ) for Permanently Affordable Housing (4 pp. ) . MINUTES: Correction in Roll Call for May 17; "Knudtson" present for Lawrence, not Kowaski . Approved as corrected. *REQUEST TO CITY COUNCIL: A request is before the City Council and Planning Commission to combine some small lots in Monta Vista into standard sized lots. MOTION (m/s Chappell, Paulson) that Wright, as chair of this committee (or another member if she cannot) , attend the next Planning Commission meeting to bring our request that, since larger lots will lead to lost housing opportunities, any hearings and action on the Monta Vista lot size increase request be postponed until our report is presented. Passed. FEDERAL FUNDS FOR HOUSING: the news clipping in hand refers to Community Developmnent Block Grants to cities, which can be used for such needs as housing, following public hearings. Lawrence reported on statements in the Tni-Counties Apartment Association claiming landlords rights had been "tossed around" in area cities, including Cupertino. It was felt by some on the committee that since Cupertino has taken no action that would affect landlords adversely; to the contrary, that this committee was set up to try to avoid problems; and since Tri-Counties is represented on this committee; this statement should be censured. Others on the committee felt that the very fact of the committee, with the possibility of rent control in some form being recommended, is a threat to the landlords. A motion to contact the editor and request that Cupertino be removed from the list was made. It was withdrawn on the grounds that the letter was in an in-house publication, not likely to be read by the general public, and we might be escalating problems in this situation. At least one committee member has been contacted by a newspaper and asked for his feelings about the committee; he refused to answer and it was recommended that any others approached do the same to avoid and possibility of needless controversy. < M., The question of government control of business was raiseed# with the statement that most big businesses operate under government restraints. There should be no objection to this committee discussing possible restraints on landlords, since real estate and rentals are big business. Al Chappell presented his "Permanently Af;ordable Housing" Proposal for our consideration. The chair asked that it be considered at a more appropriate time. STATEMENT (based on the ideas listed in last week's Minutes) We as a committee believe there should be a strong committment toward increasing housing opportunites in Cupertino. tin/s Paulson, Chappell. Passed) We suggest the Council look favorably upon the following3 1. Encourage, promote, and fund an expansion of "Project Match*. (m/s Paulson, Chappell, Passed. ) 2. Relieve restrictions on shared cooperative living of non-related persons, including room rentals in single-family dwellings. (m/s Brown, Levy. Passed. ) 3. Encourage 2nd and 3rd units, including elimination of the requirement for owner-occupancy. (m/s Chappell, Paulson. Passed. ) 4. Encourage higher density residential development for surplus school sites. (m/s Chappell, Paulson. passed. ) 5. Require development of remaining vacant land at the highest allowable density compatible with existing zoning. (m/s Chappell , Paulson. Passed. ) 6. Establish an "apartment only" zoning. (m/s Brown, Chappell . Passed. ) T. Brown suggested a statement from the Cupertino City Council to the effect that they would look with favor on increasing housing opportunites. NEXT WEEK: We will complete Part Two, Increasing Rental Supply, and go on to Part Four, Special Needs. The idea of "Fast Track" for permits was raisedl B.Brown explained that it really requires support of both the community and the staff. She can bring in a list of the steps required. for building in Cupertino. Stan Adams will be invited to attend next week to present his request. ADJOURNED: 9:33 Respectfully submitted, .d Louise W. Levy, Sego etary RENT MIN 5/24/84 Page 2 CUPERTINO RENTAL HOUSING COMMITTEE May 31, 1994 Conference Room, Cupertino City Hall PRESIDING: Janet Wright, chair. CALL TO ORDER: 7:37 p.m. ROLL CALL: Burt Avery, Marge Bosetti, Terry Brown, Al Chappell, Iola Hendricsen, Beverly Lawrence, Louise Levy, Jack Paulson, Max Sussman, Robert Wagner, DiAnn Walker, Janet Wright; Barbara Brown, staff. Not Attendingi Sally Brennan, Bill Rack. MINUTES: Robert Wagner not listed; was absent last week. Accepted as amended. REPORT ON PLANNING COMMISSION MEETING: The meeting was cancelled for lack of a quorum. The Chair of Rental Housing will plan to attend thin next meeting. The Housing Policy change being consid,,red is 'Pcilicy 2-400 LONGER SESSIONS: Bosetti suggested that an all day session might be better for completing our study than continuing our shorter meetings for another month or two. The idea was amended in a MOTION (m/s Paulson, R,%ok) that we meet on June 7th and 14th from 6 to 10 P.M. to try *a complete our deliberations. Passed. COMMITTEE FUTURE: discussions involved: "Polish upm session following completion of deliberations. Some of our recommendations might require a format for carrying them out (i.e. , Mediation) . Should we plan such formats before presenting them to the City Council , wait until the concept has been accepted by the Council, or is this not part of our duties at all? Should we as a committee offer to continue on for a time period following presentation of our recommendations to monitor the results? (not all members willing. ) Sunnyvale had a separate committee to work out the details of operation after the recommendations of their rental committee were presented; should we or a portion of our committee offer to do this? Should we invite the Council to sit in on all or a portion of our final deliberations so they will understand our thinking better when the recommendations are presented? (B.Brown felt that it would be better for them to be asked to attend a separate workshop when we have the recommendations ready to present. She also suggested a personal invitation from our Chair to the Mayor. ) Hendricsen reported that some Senior Citizons 9rcups want to know when and where is the best time for them to present their viewpoints on housing; Chair Wright saki they could come an speak to the Committee ne-:t wee!,, if they wished, and B. Brown suggested they astr Ithe C-* t,,, Clerk . to notify them when the Counril and.1cr Plarring Commission schedule public hearings on the sLibl;ect . s, x WORK PLAN DISCUSFYON: '.following the *brainstorm" session outline) "Fast Track" - delays are primarily caused by cit'aen opposition. MOTION (m/s Paulson, Bosetti ) All multi-family residential applications should be expedited/fast tracked through the planning process from application to issuance of Rermits. passed. MOTION (m/s Paulson,Chappelll "We ask the City to amend the General Plan to reflect the committee recommendations as appropriate. ` passed. (This should preface the recommendations.) MOTION (m/s Chappell, Paulson) Lot splits that result in no less than 6,000 sq. feet should be approved. Passed. MOTION (m/s Avery/Chappell) The City should foster financing programs for multi-family rental units through: 1. Tax exempt bonds 2. loans from lending institutions 3. Block grants. Passed. NEXT MEETING: We are to look over the remaining) items and formulates motions that include those we wish to recommend, and bring two copies, one for the secretary, one for self. Bring something to eat if you are unable to fit in supper before you come! We will begin at 6. Mr. Adams will come also, since we did not take time to hear him this week. PUBLIC COMMENT: Ms. Hertert showed a copy of a publication that contains much of what we discussed this evening. B.Brown will try to get a couple of copies for us. ADJOURNED: 9:30 p.m. Respectfully submitted, �i Louise W. Levy, Se etary. RENT MIN 5/31/84 Page 2 RENTAL HOUSING OOWI'ITEE MINUTES 2 of 2 PTOV. 30, 1983-AUG. 23, 1984 CUPERTINO RENTAL HOUSYNC C0Mkq. TrEE June 7, 1984 Conference Room, Cupertino City Hall PRESID24G: Janet Wright, Chair CALL TO ORDER: 6:20 p.m. ROLL CALL: Burt Avery, Sally Brennan (arv. 6:55), Al Chappell, Beverly Lawrence, (arv. 6,.,25), Louise Levy, Jack Paulson, Bill Rook (arv. 6:30), Max Sussman, DiAnn Walker, Robert Wagner, Janet Wright,Barbara Brown, staff. Not Present: Terry Brown, Marge Bosetti, Iola Hendricsen. MINUTES: Accepted as presented. MOTION: (m/s Paulson, Chappell) to amend last week's motion, p.2 (Avery, Chappell) to read as follows: "The City should foster financing programs for multi- family rental units which would include some low and moderate income units through: 1. Tax exempt bonds 2. Loans from lending institutions 3. Block grants Motion passed. MOTION: m/s Chappell, Sussman) We ask the City Council to support state legisla- tion that would allow the City to purchase surplus government lands at below market rate for low and moderate rental housing. Motion passed. MOTION: (m/s Levy, Paulson) Upon completion of our plan of work we shall individ- ually study all recommendations and motions, and any member may then.bring before the committee for a re-vote any item which he/she feels was not adequately considered. Items may also be offered in combined form for a re-vote. Motion passed. MOTION: finls Brennan, Lawrence) The occupancy of rentals shall not be limited to less than two persons per bedroom. Motion passed 5 to 4, with 1 abstention. MOTIOr.: (Wagner, Sussman) Unincorporated land to be annexed should be considered for suitability as a rental-only zone. Passed. PUBLIC INPUT: Mr. Adams presented a three point proposal (copies given to each member). The first point involved use of Social Security increases as a basis for rent increases for senior citizens; the second proposed a 60 day time period for eviction without notice; the third a one-year rental roll- back for seniors. In view of the number of times he has come to the meetings, and invited back but not always given a chance to speak, a MOTION was passed to dis- cuss some aspects while Mr. Adams was here to answer questions. The following clarifications were made; the senior citizens involved should be on fixed moderate or low incomes; increases should be on the basis of the basis of the percent of Social Security increases, not the total amount going to rentals. Mr. Adams feels that there must be some way for senior citizens and owners to compromise in a humane way without -2- CUPERTINO RENTAL HOUSING COHNIT7EE - June 7, 1984 the government having to be involved. Some committee members expressed their objection to private industry being forced to provide this charity, and another loss of freedom of ownership is threatened. How can a private owner give a "means" test to prospective tenants as is done by government housing authorities? MOTION: (m/s Brennan, Chappell) We as a committee accept the following goals: 1. We want to retain our senior citizens in Cupertino. 2. We want to try to find some way to provide relief for those whose rental increases are creating severe hardships. 3. A mechanism for this should be discussed under Part Four "Households with Special Needs." (III of the "Brainstorming" list). Passed. MOTION: (m/s Chappell/Walker) p.2, "line 21" of motions distributed by Chappell) This motion involves ratios and timing of construction for permanently affordable housing rental units, residential rental units, single-family residences for sale, and commercial buildings. Discussion: -we need more housing, not office space. -the current "philosophy" of housing/job match provides no incentive for builders; this should. -to the contrary, this would discourage builders from any new construction in Cupertino. -Cupertino is now requiring that a certain number of living units be built along wit'i other types o£ construction. -Density bonuses can be offerer, in exchange for rental construction for low and moderate income units for seniors and disabled. Motion to table was made by Chappeil following discussion, and was passed. MOTION: (m/s Brennan, Walker) The City shall continue to encourage zoning for mixed-use zoning for housing and commercial buildings. Passed. "Creation of special fund" and "rental subsidies" should be discussed under III. MOTION: (m/s Brennan, Lawrence) The City Council should be aware of federal funds available for the purpose of building housing for people with special needs, such as seniors, handicapped, low and moderate income, etc. For next week: Read the proposal offered by Chappell on "Permanently Affordable Housing"; Read the suggestions under III and come prepared with motions ready to submit. MEETING ADJOURNED: 10:00 p.m. Xouise tfully u mitted, W. L cret ry CUPERTINO RENTAL HOUSING COMITTEE JUKE 14, 1984 Conference Room, Cupertino City Hall PRESIDING: Janet Wright, Chair. CALL TO ORDER: 6: 15 ROLL CALL: Burt Avery, Sally Brennan, Terry Brown (arv.6:32) , Al Chappell, Iola Hendricsen, Beverly Lawrence, Louise Levy, Jack Paulson, Bill RooK (arv. 6:34) , Max Sussman, Bob Wagner, DiAnn Walker, Janet Wright. Not attending: Marge Bosetti; Barbara Brown (staff) . ;y MINUTES: P. 1, 4th motion; change "less° to •fewer°. Under "Public Input° 3rd paragraph, eliminate 2nd "the basis of". Minutes accepted as corrected. PUBLIC COMMENT: Brennan spoke for one woman who was unable to come, to illustrate the problems of finding housing. This woman, earns $1300 per month to support herself and 4 children. Her rent has gone up to $1,000 per month, and she has been unable to find anyplace in this area that will accept her and her children at her salary. Landlords require that she earn at least 3 times the rent, and for the 3 bedrooms she needs nothing is available at that rate. PLANNING COMMISSION MEETING: Wright and T. Brown attended. Wright expressed our concern that enlarging the required acreage per homesite is decreasing the available housing. The commission said they were aware of this, and proceeded to pass the request, which now goes to the environmental review committee. MOTION: (m/s Chappell , Wagner) that the city staff inform committee members in advance when an issue of lot size change is agendized by the City Council . Passed. RESPONSIBILITY OF THIS COMMITTEE: The question was raised as to whether we are an advisory committee only, or whether we are an advocacy group also. One member, while admitting a evested inte!^est" feels that our time would not be well spent unless we work for our goals. INCREASED HOUSING: An opinion was expressed that while increased housing density is needed, it will not solve the problem of housing pressure because of the constant inflow of people to the area. Another opinion is that the area can build enough housing to permit reduction of rental costs, if allowed, but that this building will not occur, as it has not in the past 6 years, as long as there is a threat of rent control. SCHOOL SITES: At the Planning Commission meeting the possibility of Cupertino High School closure was mentioned. This site might be ideal for a rental-only, high density housing. After discussion it was agreed by consensus to touch on this again when we compile our final recommendations. MOTIOM: (mta Brennan, Chappell) (In conjunction "ith al discussion of the Chappell Propoosal) i This committee •uppOrts the concept of permanently affordable housing. Discussion: --housing is a commodity like food, cars, etc. People want to be able to sell or rent for the best posssible price. This is the Free market system, and government should not interfere. -Government interference is generally not desirable, but government help is never-the-less often sought when there are troubles (i.e., following slaughter of poultry infected by wild birds, the farmers applied to the gov't for relief. ) We should take a stand for people who can no longer afford to stay here. -Discussion of the centralized depository of security depositsi some committee members believe the amount of interest would not be enough to cover the expense of administering this fund in the manner described. -The question of protection from legal action should the fund run into problems was raised; landlords would not be liable, but they are the ones who have the buildings as surety against the claims. -extreme doubt was again expressed by some members as to the total amount of the fund, including all suggested sources, as being adequate to provide seed money for development of Permanently Affordable Housing. 10 MINUTE BREAK Vote on motion that was on the floor; passed. MOTION: (m/s Brown, Walker) that we recommend to the City Council that the>; instruct the staff to study the feasibility of utilizing security deposits in the City of Cupertino for the purpose of establishing a seed money fund which would be used to assist in financing a cooperative apartment complex for ownership by low and moderate income persons. Motion withdrawn following discussion. MOTION: (m/s Brown, Walker) That the committee recommend Lhat the City Council adopt a program for Permanently A44crdable Housing in conformance with the four page document submi .,ted by Chappell. Discussion: Chappell said that the ideas used in this document were not new with him, but he put it together based on ideas that have been presented by others in wido-spread areas. He does not know whether they have ever been put into use, and if so, whether successful . He is w- Iling to find out. Motion de;eated. MOTION: im/s Brown, Walker) We recommend to City Council that they instruct the staff to study the feasibility of developing Permanantly Affordable Housing including but not limited by the points in Mr. Chappell 's document. Discussion: We are supposed to be making a study, not asking ® the City Staff to do it. -Changes will take place; more and more people are coming to Council Meetings to protest sharp rent increases, and Council Members are going to listen to them. RENT MIN 6114/84 Page 2 -Apartment fees charged by landlords are wrongs the entire city should support this, if done, through bonds or some other means. -This plan is too unwieldy. -rent control in the last page is unacceptable to some. Motion passed, by Chair's vote to break the 3 - S tie (two abstaining) . Chair stated this matter will need more study before it comes up for a final vote at the end of the study. II ("Brainstorming" ideas) #34 Lotteries MOTION: (m/s Brennan, Wagner) If lotteries become feasible in this state, we recommend that City Council look favorably toward using this means of providing rent subsidies or Permanently Affordable blousing. Discussion:-we should not encourage gambling; the people who do it are often those who can least afford to, often in desperation. -people will gamble anyway, and why not present a way they can benefit themselves or others in the process? -we should not subsidize housing. Motion passed, 7-4, one abstention. PLAN OF WORK, PART FOUR ("Brainstorm° list, I1I) MOTION: (m/s Chappell/Lawrence) that any homes demolished for commercial buildings will be re-built elsewhere. Discussion: job/housing balance is the issue, and we are already addressing this issue. -This doesn't imply the builders must build the houses, but the city must plan for them. Motion withdrawn; suggestion that anyone feeling this matter is not adequately covevai elsewhere in our recommendations bring a new motion next week. NEXT MEETING will be from 6:30 to 9:30. We will begin as soon as we have a quorum. ADJOURNMENT: 9:50 Res ectfuilX.s ub fled, Z�P..P Louise W. Levy, Sec etary. RENT MIN 6/14/84 Page 3 CUPERTINO RENTAL HOUSING COMMITTEE June 21, 1984 Conference Room, Cupertino City Hall PRESIDING: Janet Wright, Chair CALL TO ORDER: 6:40 p.m. ROLL CALL: Burt Avery, Marge Bosetti (arv. 6:39) , Sally Brennan, Terry Brown (arv.7: 12) , Al Chappell, Beverly Lawrence, Louise Levy, Jack Paulson, Bill Rock, Max Sussman, Robert Wagner, DiAnn Walker, Janet Wright; and Barbara Brown, staff (IV. 9:00) MATERIAL DISTRIBUTED: Cupertino apartment, survey May 179 Summary (Avery) ; Mountain View Rental Housing Mediation Program 9/93 (PAAIRS) . PUBLIC INPUT: The woman described by Brennan last week came with her four young children and described the problems she had had with the landlord's agent (had come in without the legal 24 hours notice, leaving only a note on more than one occassion; had verbally agreed to accept a split payment of rent, at the beginning and middle of each month, and then gave her a 3 day non-payment eviction notice one month, refusing to accept the check when she borrowed money to complete the payment ahead of the accepted 2nd date) . She also mentioned the problems of trying to find a place with three bedrooms in a decent area for her children who would accept her and the children. $750 rent is half of her total salary. She has gone to every agency she can, and the net result is that if she were Non drugs, was unemployed, and/or had only one or two children, " they could help her. A Monta Vista resident spoke against the idea of permitting any lots smaller than 5,000 square feet to be developed in Monta Vista. The first general plan in 1978 listed a minimum of 7,500 sq. 4t. for a single family home, which is better. She suggests the proposed hotel at Valco should be hurried so that industries now leasing houses for their temporary personnel would be able to use it and release the houses for regular residents. III (Brainstorm list) Households with Special Needs. #1 demolition vs rebuilding. -Replacement of demolished housing is city (zoning) responsibility. -Should this be just another housing unit, or specifically units at the same approximate rental cost? -currently the city gives moderate housing mostly ulip service" and low cost housing is not liked at all. -No moderate income people can move into Cupertino now at current housing costs. "Shared Housing" is a group similar to "Project Share" but with no age requirement. MOTION: (m/s Brennan, Paulson) The City should encourage a field office in Cupertino of "Shared Housing" for citizens of t• 3NIz m r ht all ages. Passed. (The proposed civic center to be built might have a room that could be used for this. ) -Widows and widowers over 65 need special housing, as they become less able to cope with a home of their own, and to drive themselves, etc. They need to be Near facilities such as transportation and shopping, and sometimes even to have prepared meals. MOTION: (m/s Paulson, Wagner) the city should actively and determinedly work to have residential centers built for seniors which would provide shared services similar to Lytton Gardens in Palo Alto. Passed. MOTION: (m/s Brown, Chappell ) We recommend that the city donate the land for the purpose of the senior residential center in the previous motion. Passed. d11 30 day evictions increased to 90 days. Discussion: -People need more than 30 days, especially in this area, and especially older people, to find a new place to live and arrange for the move. -A "due cause" eviction, nominally 3 days, often takes up to 90 days as it is, the landlord often not getting any rent for that time and facing court expenses, damage to the property, complaints from other tenants. The 30 day notice is often the only way to get tenants out promptly. -There are cases in which tenants are afraid to complain about other tenants, and though they request relief of the landlord, will not appear in court nor even sign depositions for fear of retaliation. -Unjust evictions can be fought; there are many agencies to help the people who feel they are being evicted for such reasons. -Even a person sharing an apartment can be difficult to get rid of by the original tenant. -There are two sides to every story of evictions; often the agencies trying to help only hear one side of it. MOTION: (m/s Avery, Rook) The committee agrees that 30 day notice is acceptable for eviction; i.e. , the status quo. This motion was considered moot and no vote taken. MOTION: (Avery, Rook) The Landlord is encouraged to cooperate with a tenant who requests a time extention for a 30 day eviction where necessa?y and appropriate. Passed, 7 pro, 4 can, i abstention. MOTION: (m/s Chappell , Lawrence) The City of Cupertino should pass an ordinance that tenants must be given a reason for eviction. -This would actually protect a small number of troublemakers (there may be as many "trouble-making° landlords as tenants - a very low percent' ) -"Acceptable reasons" are different from different viewpoints. -This is going to a lot of trouble to make more complex the problems of renting; it will make it more dif'.•icult to get rid of bad tenants. -Mediation could solve most of these problems. -Tenants who don't know why they were evicted have no way of RENT iIN 6/21/84 Page 2 changing So they wonot be eviotod need tiara -At present landlords or their agents can evict on any Whifts Oa' even an false charges of complaints by neighbors which the tenants are not given a chance to refute. MOTION: (m/s Levy, Chappell) to tabu this motion until we complete the other items in *Brainstorms 111, and place this motion or, the agenda first when we go back to •Conflict Resolution". Passed. Lawrence offered copies of booklets given out by Mountain View Housing Council to those who would like to read them. Next meeting will be again from 6:30 - 9:30. If we do not complete our deliberations at that time we will have cur following meeting on July 12, at 6:30. ADJOURMENT: 9:35 Rf u'°l/y"l�"y s m i t t ed S Louise W. Levy. RENT MIN 6/2b/E4 Page 3 ... ....... 'K7 CUPERTINO RENTAL HOUSING COMMITTEE June 28, 1984 Conference Room, Cupertino City Hall PRESIDING: Janet Wright, Chair CALL TO ORDER: 6:40 p.m. ROLL CALL: Burt Avery, (arv, 6:50) , Marge Bosetti, Sally Brennan (arv. 6:45) , Terry Brown tare. 7:25) , Al Chappell , Iola Hendricsen, Beverly Lawrence, Louise Levy, Jack Paulson, Bill Rook, Max Sussman, Robert Wagner, DiAnn Walkei,, Janet Wright; Barbara Brown, staff. MINUTES: Additions to 6/21: Iola Hendricsen was absent 6/21. She sent a letter which was read explaining the needs of widows over 65, as discussed on page 2, leading to the 1st motion on P. 2. MOVED/2nd (Paulson, Bosetti ) to approve minutes as amended. PUBLIC INPUT: Stan Hexom, manager and part owner of several rental houses, spoke at the request of Paulson. He explained the situation described by last week's speaker. The house is large, rene•­ited and expanded, with central air-conditioning. He told of the problems the property manager had had getting permission for workmen to enter. He also stated that no special arrangements for hbi-monthlyO payments could have been made without his signature, and he had heard nothing about it. Payment is in arrears, and due to the "frequent, small" payments he and tenant had *agreed* that she should move. She owes late payment charges larger than her deposit, and he refused to accept payment from her until she stated when she would more out. She owes for last month and this. He has been told by others that she has rented and ended up overdue at other places. Rental agreement based an POSSL61's good credit rating. Committee members asked If this matter could have been settled by a mediation board if available, and if taken there earlier in the situation; he does not believe this is subject to mediation, nor most problems he knows about. He would not have requested it, He is a businessman and his only concern is getting his rent on time. B.Pi­own, at request of committee, put on the board one formula for determining "affordable* housing", ( as used by the Below Market Rate committee) . The question of what happens 'i4 a BMR unit reverts to the builder for lack of qualified buyers, this was not answered. The fact that there is a long list of applicants may be countered by lack of qualifying people on that list. MOTION: (m/s Sussman, Walker) : All 'Seniors" should have rental increases tied to the CPI or Social Security increases when the Senior can provide evidence of hardship. Discussion points: -Rent control measures should be under #1. -Are we going to recommend rent control or mediation? -Who checks and decides, the income qualification? -What about the Senior Housing we are recommending? -Thies could be a stop-gap measure until that is built. -Can the City afford this? -this would create problems; landlords would avoid renting to Seniors. -State court has thrown out the San Jose special rent control laws for Seniors -This alight be an incentive to the city to start some -for Housing. Motion defeated. MOTION (mis Paulson, Wagner) We recommend that the City subsidize rent increases in excess of the annual Social Security increases for seniors who are currently in a rental unit in this community, and for whom increases can be demonstrated to be a hardship, until Senior housing can be provided. Passed (2 opposing) . MOTION: (m/s Sussman, Chappell ) After the first rent increase to a tenant, subsquent increases cannot take place more often than once every 12 months. 90 day notice shall be given prior to any increase. Discussion: -This will give landlords who normally raise rent less frequently the idea they should raise rent annually. -There is already so much in newspapers about frequency of rent increases that they aren't likely to get anything new here. -90 days is really too long; landlords frequently don't know about utility, etc. increases that far ahead, and are likely to just raise rents based on "highest possible" expenses rather than actual amount needed. MOTION TO AMEND: (m/s Avery, Brown) : change "90 days" to 060 days". Passed, 9 in favor, 2 opposed, 2 abstaining. MOTION Passed as amended, !O in favor, 2 oppossed, i abstention. MOTION: (m/s Paulson, Sussman) The City should encourage the use of the Reverse Annuity programs when appropriate. Passed. CONFLICT RESOLUTION: Motion returned to the floor from last week; "The City of Cupertino should pass an ordinance that tenants must be given a reason for eviction". Discussion: -"Due process of laws" is not evident when people are evicted for no stated cause (30 day) . Tenants are assumed "guilty" without even knowing of what. -These evictions are rarely done capriciously- (see last week's discussions) . -Mountain View Mediation Board only had 12 cases of eviction last year, and 8 were sattled "satisfactorily". -Landlords would not bring 30 day evictions to a mediation board, nor would tenants if they felt the law gave them no leverage. Passed, 8 in favor, 5 oppossed. B. Brown suggested we next take up the general question of how we will recommend conflicts be resolved. RENT MIN 6/28/84 Page 2 wMpr S MOTION: We recomm nd to City Counc i l that a Hed°l at i bh foard of 'trained volunteers be set up by the city, and an ad hoc eotmittee establish its structure to fit Cupwrtino's specific needs. Discussion: -Why a special one for Cupertino? We could work with other mediation services instead. -Our needs may be different than those of other cities. -Volunteers are getting harder to find, and the training is expensive, as well as subscriptions, etc. needed to keep up-to-date. -This is too important to depend on volunteers -Volunteers can be more dedicated to the job! our City Council is composed of volunteers (their stipend probably doesn't cover the basic .oxpenses the position entails) . -Setting up a professional Board tends to establish a new self-expanding bureaucracy. -Cupertino chooses wel'A in using volunteers (a la such committees as ours) and has a good base to choose from. -Trained people would be needed to set up the program, and at least one staff person to coordinate. -This does not state whether attendance by landords and tenants would be mandatory. The Question was Called: motion passed, 8 in favor, 4 against, 1 abstention. ADJOURNMENT: 9!30 i u s omitted, Louise W. Levy, cretary. RENT MIN 6/28/64 Page 3 7 CUPERTINO RENTAL HOUSING COMMITTEE Ju'.y 12, 1984 Staff Room, Cupertino City Hall PRESIDING: Janet Wright, Chair ROLL CALL: Burt Avery, Marge Bosetti, Sally Brennan, Terry Brogan, Al Chappell, Iola Hendricaen, Beverly Lawrence (arv. 7:00) , Louise Levy, Bill Rook, Max Sussman, DiAnn Walker, Janet Wright; Barbara Brown, staff. Absent: Jack P&ulson, Robert Wagner. CALL TO ORDER: 6:48 MINUTES: It was requested that the time of following meetings be added to the end of the minutes each week. Under °Public Input' should be added the fact that the woman being evicted had submitted $1,000 payment, but that it had been returned to her. Minutes were approved with this addition. . It was emphasized that when members of the public speak they must be kept to the time limit of 15 minutes (or less, when more than one speaker) . Anyone planning to speak should come prepared for this. PUBLIC COMMENT: A 9 year resident in the one apartment, a woman with an 18 year old son in a local college, living close enough to work to walk when, necessary, is being evicted by higher rental. She cannot afford to commute from any distance, and with her son needs two bedrooms. She cannot find any vacancies she can afford, and is not sure she can get a job elsewhere, especially where her son can get to college while living at home. She hopes we can help. CONFLICT RESOLUTION (°I° on the *brainstorm* and flan of Work lists. ) MOTION (m/s Brennan, Burt) that we recommend to the City Council that a Cupertino rental housing owners peer group,such as the Mountain View Housing Council, be established to supplement the mediation process. Discussion: -The Council is apparently more successful in rental cost problems than is Tri-Counties. -It should be composed of Cupertino owners. -In Mountain View, PAAIRS sends individual problems to mediation, and group complaints or large complexes to the Housing Council . -The Housing Council has dues and a board of directors; these directors are the more active members, and find someone (a "peer" ) to talk to those involved. Much of it is done by phone. -61% of Mountain View inquiries involving rental housing are about evictions. Motion passed. MOTION: (m/s Walker, Chappell ) An ad hoc committee be appointed to develop the structure of an arbitration board for Cupertino, to assist in conflict resolution between landlord* and tenartvjs Discussion: Landlord peer group would not be formed if compulsory arbitrabon were to be involved. -Ordinances would need to be enacted to supply a basis for binding arbitration. -This committee should be doing that job if we really think arbitration is needed. -Information we have on mediation agrees that rarely can rental disputes involving price be solved by mediation. -Mediation should be tried first, alone. If renters know that arbitration is available, they won't seriously try to mediate. -Rent control is the basic issue. -We don't like to tell owners how much they can charge, but even less like to see people who have been living here for some time be forced out by rent increases. -We need to limit increases as long as rental units are at a premium; they will always be rented for the highest amount they can bring, pushing out people whose income does not increase that fast. -A book used by the legislature in studying rent controls, by a Berkeley Sch. of Bus. professor, states that stringent rent controls wi ! l prevent new apartment units from being built. -The difference between labor arbitration and rental arbitration is partly in the body of law available in labor disputes, and that labor arbitration involves interpretation of contracts already signed. -If we exclude rental costs from the arbitration, would it still be needed? -None of the rest of our recommendations are going to lead to immediate help for renters, and help is needed now. MOTION passed: 7 in favor, 3 opposed, I abstained. MOTION (m/s Brown, Chappell) This committee will not consider its work completed until we have conside-ed and taken a position of the issue of rent control. Discussion: -Definition of rent control needed. -(a) The limitation of rent by city ordinance. -(b) Anything, including arbitrators' decisions, which controls the level to which any rent may go. AMENDMENT TO THE MOTION: (m/s) All members will be notified of the date and time at which this will be discussed. Amendment passed; three opposed. Motion passed, one oppossed. MOTION: (m/s Chappell , Levy) The discussion on rent control will begin an Thursday, July 19, at 7:00 p.m, Motion passed. MOTION: (m/s Hendricsen, Chappell) At the beginning of the discussion the chair will recognize each person in turn for a maximum of three minutes each, to give each an opportunity to speak. This will be followed by a general discussion. This will work best if each person comes prepared, preferably with notes, to speak directly to the issue. -The success of this might depend on who sits where, etc. -It will be important in the discussion following this that RENT MIN 7/14/84 Page 2 .W S Mllr each person speak directly to the chair, not argues acr( a the table, and that discussion be kept to the specific issu& at hand. Motion passed. We need to discuss arbitration which is empowered to address rentals vs. arbitration which is not so empowered. Brown brought up the matter referred to at earlier meetings: the proposal before City Council to eliminate any 25 foot wide lots in Monta Vista. This will be coming up for a vote on July 16, since the Planning Commission rejected our request for postponement. MOTION (m/s Chappell., Sussman) The Committee asks that B.Brown put a memo in the Council Meeting packets requesting that the Council delay decision on this facet of the general plan until our recommendations have been presented. Motion passed. MOTION (m/s Lawrence, Bosetti ) We recommend that the City pass an ordinance requiring developers of lar." commercial or industrial developments to contribute (according to their impact on the job/housing balance) to a city fund which will be used to construct housing for low or moderate income households. Or developers could, instead, provide actual housing units to be sold to the city at cost of construction and finances, excluding land costs and profit: These units would be sold or rented to low or moderate income households in accordance with the City's Below Market Rat.- Program. Discussion: -This might discourage commercial construction in the city. -No, this would be another relatively minor tax added to the current construction "impact tax". -This would add to the cost of city administration. Motion passed: 5 for, 4 against, 2 abstentions. Our next meeting will begin promptly at 6:45, July 19th, to be ready for the rent control discussion at 7:00. MEETING ADJOURNED 9: 15 P.M Respectfuil submitted, /1 _ Louise W. Levy, 7ecetary. RENT MIN 7/14/e4 Page 3 , CUPERTINO §JZTAi63HOUSING C09414ITTEE Conference Room, Cupertino City Hall PRESIDING: Janet Wright, Chair ROLL CALL: Burt Avery, Marge Bosetti, Sally Brennan, Terry Brown, A' Chappell, Iola Hendricsen, Beverly Lawrence, Louise Lovy, Jack Paulson, Bill Rook, Max Sussman, Robert Wagner, DiAnn Walker, Janet Wright; Barbara Brown, Staff. CALL TO ORDER: 6:50 p.m. MINUTES: Add to last week's public comment: the woman who spoke was asked to move because the owner needed to move an ill family member- into the unit, as well as saying the price would be going up. P. 1 , "CONFLICT RESOLUTION" , 1st Motion, seconded by Avery. Minutes accepted as amended. GUEST: Levy introduced Marge Harame, President of the League of Women Voters of Cupertino-Sunnyvale, who offered to serve as timer for the first portion of the meeting if the CoMR.itt&e so voted. MOTION: (m/s Chappell , Lawrencel to ask- Harame to so do. Passed. RENT CONTROL DISCUSSION* ',three minutes for each committee membar to speak for the first go-around. ) Dees rent control actually keep rental units from being built? Buying and selling have been a major cause of rising rentals, plus inflatiu . More and more people are having to spend 35% or more of their~ income for housing, higher in urban areas; single mothers &= a group are the hardest hit. Cupertino businesses are having more and more problems trying to find anyone in the city or nearby areas who can take lower-paying jobs. Bo=_etti : Letter, (filed with Minutes) , distributed to Committee members. It covered the following: Cupertino has a serious lack of available land zoned for multiple dwellings. There are some mediators in Cupertino, who have not been able to keep rents down. "Peer group* of landlords have not controled °abus.ive" landlords, large corportations have not responded to "peer pressure' in other communities. She wants arbitration with rent control for rental complexes, excepting owner-occupied 4-plexes and smaller. T. Brown: Philosophically opposed to economic controls in a vacuum, which includes rent controls. Not a renter nor an owner, but doesn't like controls on incomes, bank interest, etc. Mary controls are now being lifted. Controls in '71 skewed our entire production system. Rent controls do affect construction �14 in the long run, probably also in intermediate and short time period%. More housing is our only hope of solving the probl4m of high rentals. Rook: It has all been said before. There are many government welfare programs for the hardship cases; it should not be forced onto the private sector in the free enterprise system. If we believe hn free enterprise, we must follow it and allow supply and demand to have their natural effects. They will work themselves out! If we control rent raises, will we also control selling prices? Controls are coming 04+ many things now - should we be putting them on? Paulson: Referring to those who have come in to tell about evictions, there have been shown to be two valid sides to the problems. For the past 4 years there has been a general housing construction boom in the U.S. , but not it California, and won't be until we get rid of rent controls. Builders and lenders are just not interested. He approves subsidies. etc. for the elderly and others who need help, but objects to telling anyone what they can charge. Wagner: He called five major lending institutions in Cupertino area to ask how they would feel about binding arbitration in the City, whether it would affect their decision on loans for apartment construction. (He is trying to get approval for appartments here, now. ) He included such institutions as B of A, Finance Corp. of Am. , etc. They felt tiiere would be a problem in granting loans; at best they would require a higher down payment, at worst would refuse the loan. Adjustable rate financing is becoming more prevalent, and owners whose rents could not reflect the variations this causes would have real problems. All our committee's previous recommendations to increase rental housing, without the help 04 lending Institutions, will get nowhere. We should, at the very least, give Cupertino a year a+ mediaticn without arbitration. He believes it would work here. Walker: She polled 460 residents of the rental complex in which she lives, and 400 of them favored rent control, about 40 were against it. Most of the residents said that rents were going up faster than their salaries, and they keep falling farther behind. While she can see "going rate" rents for new tenants, the frequent drastic increases a4terward is like moving in new every six months or a year; and there is nowhere else available to go. Chappell : The City almost had rent control a few years ago; it would at that time have split the city! He doesn' t want this. Competition for renters is needed to counter the 'market rate" 04 the owners; he believes his recommendation, adapted from ideas he has read about, would provide this. RENT MIN 7/19/84 Page 2 r r Sussman: He believes in rent control. While it is reasonable for new tenants to pay 'market' when they move in, it is &too reasonable for them to assume they will not face exorbitant increases far higher than the 5% - 10% income increases they can expect. New tenants also invest a certain amount in their apartments, (moving costs, furnishings, etc. ) and do not want this wasted by being forced to move out again by unreasonable increases. There should be protection for them once they are in. Avery: Most Cupertino landlords have been reasonable about increases, which have been about average for the Bay Area. Lake Biitmore was a HUD proj.*ct, with very low rents, and when it went into the private sector sharp increases were therefore necessary. With arbitration we would have a serious adversary situation between renters and owners. There are people with prc:5lems, but relatively few of then, and we should set up a means of helping them, but not be penalizing the landlords. The renters in Walker's complex are among the highest paid in the City. Hendricsen: Some landlords need force! Most are good. Permanent residence is mandated by law; we are not allowed to pitch a tent in the city parks, to sleep in vans at the curbs, etc. This makes rentals different from other commodities which are not mandatory. Office buildings are being built instead of housing because of the high rentals they can charge. Affordable housing is a flexit,le term, depending on one's financial resources. So far the.• Planning Commission has shown no interest in making it possible for senior citizens to remain in Cupertino. Lawrence: Agreed, shortage causes high prices. For a shortage in certain foods, however, people have the choice of other, less expensive, items. This isn't true here as far as housing is concerned. It can take all of one's food, clothing, medical, etc. money just to pay rent. For free enterprise to work, you need a free market, which housing doesn't have here at present. A public survey in the Bay Area found that 629E of the public queried felt there should be some kind of ceiling on rent increases. This included 509E of home owners as well as over 2/3 of renters asked. She would like to propose a new idea she recently found, for public arbitration. Wright: (Complete written statement filed with minutes. ) At an early meeting Ron Granville said he wished we would agree not to discuss rent control . She agrees, because the words have become a "damning" label. A solution should be considered for what it would accomplish, not for what it is called. There are two types of conflict resolution: processes, such as mediation and arbitration, to promote resolution; and standards, set by RENT MIN 7119/84 Page 3 IT* ordinance, stating what may or not be done. We have not "weed among ourselves whether arbitration is rent control (standard) or a process. Our Opeer pressure resolution" would enable landlords to get together and decide what are reasonable rates for rental increases, and thereby they will be price-fixing. To evaluate a recommendation she asks: how well will it resolve conflict, and is it a move in the direction of our "permanently affordable housing' goal? Levy: Abstained from speaking, saying any points she might raise have already been discussed. GENERAL DISCUSSION: Wright posted possible Goal statements: 1. to faster policies and programs that expeditiously resolve conflicts between landlords and tenants in a fair and equitable manner. 2. To increase housing opportunities in Cupertino through policy, action, and funding including opportunities for low and moderate income people. 3. To foster policies and programs that will increase permanently affordable housing opportunities. (Included, a statement of PAH goal ) . (filed with minutes) Discussion pointed out that #2 is already in the General Plan, and that while we agree with these, voting on them will not change anything. Wright also posted Rent Control definitions, and possible statements for *Role of Government in Rent Control" (filed with minutes) Avery quoted from Milton Friedman's book on rent control, saying that many believe rent control inevitable, but it will really aggravate the housing problem. Quoting Kenneth Rosen, in the text he referred to before, he pointed out that below market rate housing creates excess demand, leads to less money being put into maintanence, and to lower tax revenues for the city, partly because of the lower income rates for people who will move in. The more stable tenants tend to be in the higher-income brackets; low income people move more frequently. Arbitration tends to become more expensive as it becomes more intrenchedl it costs $50 per unit in Santa Monica now. While six communities have voted For rent controls, it has been voted down forty times. Walker's poll of fellow tenants included less than half the tenants; people will often sign petitions just to get rid of you. Basetti said that though she doesn't really believe in rent control, she feels the City Council needs some pressure for force them to use more sites for rental housing, such as school sites and others. If Paulson is correct, a few of the residents in any given area are forcing or preventing zoning changes, rather than the Council following a reasonable over-all plan. Perhaps the Planning Commission is not as aware as we of the need for more housing. B. Brown recommended that we focus our recommendations by being specific; this will get more attention than generalizations. RENT MIN 7/19/84 Page 4 r , ITT T, Hendricsen says that seniors are doing what they caa to of their needs (Project Share) but at best it is a stop-gap measure. T.Brown atated that rent control does not bring more housing$ and if we recommend it we' ll lose the other things we want. The city has not even tried to do anything for Seniors to meet their housing problem. Rook stated that the 70% of the citizens who are home owners here do not want changes in their neighborhoods. They might accapt senior housing, however. As far as the role of government in housing, he feels there are already so many regulations that landlords must follow that every right relinquished to the government, including rent control, would be another step toward socialism, and many countries in which the government owns the housing (the ultimate step) there is still a severe housing shortage. Lawrence stated that in many countries with a mix of socialist and private housing there seems to be sufficient housing. She has very recently found a suggested program in Palo Alto that she feels would be very effective. The Henderson Plan would have mediation for most conflicts, but rental increases would go to a separate mediation board for a public hearing. It would not be binding, but would have supoena power. Paulson: The city needs more pressure to stop letting one or two neighbors force or prevent zoning changes that would be of general benefit to the city. Brennan: We need a solution for tenant landlord problems; the Palo Alto concept sounds like a good compromise; the public ® hearing could itself put pressure on landlords to be reasonable. Chappell : We don't want animosity in this committee, and we do want a positive effect on the city. We should take a straw vote or poll for and against rent control, and then if we need minority/majority reports separately, we can get started with them. Sussman: He would be willing to forgo rent con'srol if the City Council will really work at trying our recommendations, but if the results are not effective, then arbitration should be accepted. Unaminity in this committee's reports would be much more effective in influencing the Council . MOTION: (m/s Chappell, Rook) We support mediation for all landlord-tenant disputes. Disputes over rent increases not resolved by the first mediation process should go to public mediation with subpoena power. We would further propose that the process be reviewed for effectiveness at 12 months. Discussion: some concern was expressed about public airing of personal finances. MOTION WAS PASSED UNAKINOUSLY Chappell suggested credit be expressed to Sussman and Lawrence for bringing about this compromise motion. Bosetti expressed the need to strengthen previous motions to put pressure on the Planning Commission to permit construction of multiple housing rental units. It was suggested that we all go to the Council meeting when our recommendations are presented, and speak to the issues. B.Brown also suggested we watch Planning Commission agendas for housing issues, and speak RENT MIN 7/19/84 Page 5 IT, .� at these meetings. MOTION (m/s Avery, Sussman) The City Council should extend 'thio committee for 1 year, with 2 semi-annual meetings, to monitor the effect of City Council actions is relationship to Oar proposals. The City Council will provide this committee with semi-annual progress reports. Thereafter a five member permanent housing committee will monitor progress toward meeting type goals of our recommendations. Discussion: -provided the wording as given above; -success of housing supply increase and conflict resolution can be monitored. Some other aspects cannot. -The staff would be the ones to submit the report, not the Council . -What we really want a report on what steps are being taken. -We as citizens, especially as citizens who have been very faithful in studying the problems, and putting in many hours at meetings discussing solutions, have a right to ask for a report. Motion carried unanimously. Next week: meeting at 7:00 to go over previous motions for re-vote requests as agreed, and to set up a sub-committee to write the final report. We will probably not meet after that until the end of August, and present our report in September. ADJOURNMENT: 9:50 Respectfu l ll yy/submitted, Louise Levy, S retary RENT MIN 7/19/84 Page 6 W, CUPERTINO RENTAL HOUSING COMMITTEE Ju-&y 26, 1984 Conference Room, Cupertino City Hall PRESIDING: Janet Wright, Chair CALL TO ORDER: 7:00 ROLL CALL: Burt Avery, Marge Bosetti ( left 8:00) , Sally Brennan, Terry Brown (arv. 7:47) , Al Chappell, Iola Handricsen, Beverly Lawrence, Louise Levy, lack Paulson, Bill Rook, Max Sussman, Bob Wagner, DiAnn Walker, Janet Wright; Barbara Brown, staff . MATERIALS DISTRIBUTED: Minutes; up-dated copy of committee resolutions; recommendations to be re-evaluated (Avery) ; and a newspaper clipping copy. (Pook) MINUTES: correction, top of p. 5 - should read "Project Match". not "Project Share" . Minutes approved as corrected. SUB-COMMITTEE: Wright appointed the following members to meet Aug. 9 at 7:00, and subsequently if necessary, to prepare the final report to be given City Council : Marge Bosetti , Terry Brown, Beverly Lawrence, Louise Levy, Janet Wright. Any committee member may attend. The Rental Committee will meet August 23 to consider this final document, which will be presented to the City Council on September 24. The time separation between meetings and presentation should give time for any committee members who wish to submit minority reports, after the majority have approved the committee report. The sub-committee is asked to see that copies are mailed to all committee members as soon as it is prepared. Any members unable to attend Aug. 23 may submit written comments and requests. DISCUSSION: -Some recommendation wordings would have to be changed unless ordinances are passed regarding them; i.e. , "must" or "have to" or "required". -The only enforcement in our mediation recommendations will be the supoena power, plus the pressure of public hearings for rental disputes not solved privately (newspapers, for instance, would be notified of the hearigs) . -We have nowhere specified "information and referral " services as part of the mediation process; nor have "signed agreements" or mediators' reports been mentioned. MOTION: (m/s Brennan, Lawrence) "Mediation would include an information and referral service, and an option of signed agreements. " Passed. -discussion o4 mediation "service" vs. "board'. Term "board" should be used. The question of professional (paid) VS. volunteer mediators was raised; if a high percentage of trained professionals drop out of the process, wouldn't volunteers be even more apt to do so? And wouldn't volunteers be much less dependable (based on many other volunteer activities)? Don' t use volunteers just to save money for the city'. -Shouldn't volunteer mediators be neutrals, not renter nor landlords? ® -Brennan said that a properly organized volunteer group will be 1� very dependable; Avery felt tSat both tenants and landlords are quite anxious to have cases settled and would be as unbiased as anyone; a mediation service of any sort will cost the city money, to set up, to train, and to provide stuff support, mtc. Palo Alto and Mountain View both have successful modiaation, with well trained mediators, including tenants, landlords, and home owners. MOTION: (m/s Paulson/Chappell) to retain the recommendation for a Board of trained volunteers. Passed, 2 abstained, 1 opposed. Avery presented his list of questioned items: A MOTION to submit a few 04 the recommendations to the city attorney for evaluation was withdrawn after- discussion, in which it was pointed out that all our recommendations will be studied; that the city attorney might not be the best at •nrn4 -.., give advice on any given problem if it did not happen to fall in his area of special expertise; and that sending certain items for special scrutiny before submission might delay the whole process, as well as singling them out unfairly. -Question about the intent of "tenant must be given a reason for eviction*; does this mean all evictions must be with cause"? Or is it primarily a "beginning of communication" between tenants and landlords, with hopes of settling the problem between themselves? MOTION: to change this recommendation to "Tenant must be given a written reason for eviction, but it would not be intended as a necessary legal justification. Passed, nine in favor, three opposed, one abstained. -Re-vote requested on occupancy limit (landlords may not limit occupancy to less than 2 persons per bedroom. ) MOTION: "Occupancy can not be limited to less than one more than the number of bedrooms* (i.e. , two people in a one-bedroom apartment, three people in two bedrooms, etc. ) -many units were designed for adults, and having many children ,^eally makes life difficult for everyone; -Car space is at a premium, and in many areas where several adults would take advantage of this such as around the college, would cause an impossible parking problem with six people in a three bedroom apartment. -Security problems would be increased, because of not knowing who were entitled to use the amenities provided. -Palo Alto has this requirement, and the parking problems envisioned have not occurred. -Oakland has a requirement with similar results; occupancy is determined by square footage rather than by bedrooms. Again results seem to be satisfactory. Motion called: defeated, 8 against, 3 for, 2 abstained. Recommended zoning: "rental only" and "apartment only" are used in different items; should they both use the same wording? - "apartments only" should be retained, as this would keep condominiums from a high-density area. "Rental only" could be PENT MIN 7/26/84 Page 2 av any rentals. Consensus to retain the ditastinction. MOTION: to change the recommendation that the owner-accupan y requirement for 2nd/3rd units be changed to °one unit must be owner-occupied at the time of application, but it should not be a deed restriction. " -Owner occupancy requirement is a good restrai!it on high rental rates due to re-sale. -Lending institutions are not willing to lend money for the extra units with a deed restriction. Motion defeated, eight opposed, four in favor. MOTION: im/a Chappell, Walker) that the item under POther Recommendations", 02 ion B.Srown's condensed list) should drop the last phrase "by city staff". Upon reassurance by sub-committee members that this wording will not be considered, but only the original motion as found in the minutes, the motion was withdrawn. ADJOURNED: 9:43 Re pectfully sub itted, Louise W. Levy, S retary. Subcommittee meeting: August 9, 7:00, in Conference Room. Committee meeting: August 23, 7:00, in Conference Room. RENT MIN 7/26/84 Page 3 CUPERTINO RENTAL HOUSING COMMITTEE August 23, 1984 Con4erence Room, Cupertino City Hall CALL TO ORDER: 7: 15 p.m. , Janet Wright presiding. ROLL CALL: Marge Bosetti , Sally Brennan (arv. 8:251 Terry Brown, Al Chappell (arv. 7:40) , Iola Mendricsen, Beverly Lawrence, Louise Levy, Jack Paulson, Bill Rock, Max Sussman, DiAnn Walker, Janet Wright; Barbana Brown, staff. NOT PRESENT: Burt Avery, Robert Wagner. MINUTES: mls (Lawrence, Hendricsen) that the minutes of July 26, with the correction mailed to members separately, be approved. Passed. It was pointed out that the second Council meeting in September will be on Sept. 17, not 24th as, we stated at the last meeting. We hope our report will be put on the agenda at the heginning of "Old Business" . Though not a public hearing, they might have questions to ask us, and might permit public comments. The importance of the fact that through compromises we were able to come up with a unanimous vote an the mediation issue should be stressed. B.Brown expressed her amazement and pleasure at the dedication, time, and final results of this committee. REPORT of the Subcommittee: Committee consensus was to leave . the introductory paragraphs for discussion after the specific Items are approved. P. 3, PART FOUR, (IV)* #3; change abandoned* school sites to "surplus" school sites. Approved. COMMUNICATIONS: A - Approved. B - suggested addition regarding passage of legislation; MOTION (m/s Paulson, Sussman) that this be added to p.4, A "We ask the city to amend the Generdf Plan AND ADOPT ENABLING LEGISLATION. . . " passed. MOTION (m/s Paulson, Lawrence) to adopt sect. B. Approved. C - MOTION to appr-r-1ve (m/s Sussman, Paulson) . Discussion of warding. MOTION (m/s Chappell, Bosetti) to strike out "and bylaws if appropriate", and move the phrase "with a list 04 officers and statement of purpose" to follow "to register" . Passed. C Approved. D - MOTION to approve (m/s Chappell , Bosetti ) passed, one opposed. MEDIATION: A - MOTION (m/s Chappell , Rook) : to change the wording in #1 to "referral and information" in order to avoid the suggestion that we are referring "a a specific organization. Discussion: *I and R" is a common phrase in this field and should not prove confusing. Motion defeated. 0*4, question as to whether it has been superceded by subsequent decisions on mediation. Discussion: the Mountain View group is not always successful! it is conceivable that the net result of their recommendations in a specific case might lead to general increases in other cases; this might be considered price-fixing. it is often effective; the landlords working on this type of group feel they are working for thp benefit 04 the tenants; we are asking for a one year review of the processes and it could be evaluated then. We should include 04 in our recommendations as an indication that we have tried every reasonable method of coping with rent increases other than arbitration. If we leave any paths open, and a year's trial shows the ones used are not successful , it might take another two years to explore the unused methods, and people need help now. MOTION (mfs Chappell , Bosetti ) that this item should be placed in section C under COMMUNICATION, as #2, with residents associations as "I.. The word "supplement" should be changed to "support" . The remaining recommendations under MEDIATION to be renumbered. Passed. Consensus to add to the final statement of this section, starting "This entire process. . . " the phrase "as per 'B' under 'General Comments' " . PART TWO (TT) A - MOTION to approve (m/s Chappell , Lawrence) ; passed. B - #9 MOTION (m/s Chappell , Bosetti ) that the words"Initiate and. . " be inserted at the beginning of the sentence. Passed. MOTION (m/s Chappell , Brennan) to approve Section B. Passed. C - Approved by Committee. Mendricsen summarized a letter she has written on the varying needs of older citizens depending on their abilities at dtf+erent ages. MOTION (m/s Walker, Chappell ) to append this letter to our report. Passed. It was suggested she read the letter to the Council at the time of presentation. PART FIVE (TV) - MOTION to approve (m/s Chappell , Bosetti ) . Discussion about inference likely to be made about the inclusion of Chappell 's proposal; will the Council think we are endorsing it as it is? Changes proposed: #1 should have a period following "housing. " Replace the deleted section by the following: "#2. Though not endorsed in its entirety by this committee, we are appending Mr. Chappell 's documents for a feasibility study. " The item "lotteries" will become #3. MOTION (Paulson, Brown) to approve changes; passed. PART FIVE approved. Final statements: - MOTION to approve (m/s Chappell , Walker) , Discussion; These should be called "PART SIX (V) General " . The insertion in 'A" following "general plan" was approved earlier. The second and third paragraphs should become "B". Following "proposals* change the period to a comma, and delete "The City Council Will"; substitute "and" . Passed as amended. INTRODUCTION: MOTION (m/s Lawrence, Levy) to change the first sentence to read "For our city to remain a balanced one which includes. a variety of economic levels and ages, we must take special steps. " Passed. MOTION (m/s Lawrence, Chappell ) to change the second sentence to '1-f our children must move away when they leave our homes because they cannot afford housing of their own here, and we or RENT MIN e/23/84 Page 2 ri. our parents must also leave upon retirement because of the cost of rental housing, our community has a severe problem". Approved. MOTION! (m/s Chappell , Walker? that we request the City Council to meet with us in order to discuss our recommendations, and so we may answer any questions which may arise. Passed. MEETING ADJOURNED 10 p.m. R ctfull s mitted guise W. Le , 9rk--tary *Roman, Numerals in parentheses are the final numbering system decided upon by Levy and Wright. Al Chappell is going to make arrangements for the entire committee to meet for dinner in the near future. RENT MINI 8/23/84 Page 3