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Rental Housing Committee

Regular Meeting

Mountain View, CA · June 20, 2022

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, June 20, 2022 6:30 PM Video Conference with No Physical Meeting Location 1. ANNOUNCEMENT (OPEN SESSION) The meeting was called to order at 6:30 p.m. 2. CLOSED SESSION The closed session was called to order at 6:39 P.M. SPEAKING FROM THE FLOOR WITH COMMENTS: Adrian Ferrari CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Name of Case: Redwood Villa, Inc. v. City of Mountain View and Mountain View Rental Housing Committee, Santa Clara County Superior Court Case Number 18CV322991. 3. CALL TO ORDER The meeting was called to order at 7:32 p.m. 4. ROLL CALL Present 6- Committee Member Susyn Almond, Committee Member Julian Pardo de Zela, Committee Member Guadalupe Rosas, Vice Chair Emily Ramos, Chair Nicole Haines-Livesay, and Alternate Matthew Grunewald 5. CONSENT CALENDAR SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION: M/S - Ramos/Almond - To approve the Consent Calendar. Yes: 4- Committee Member Almond, Committee Member Rosas, Vice Chair Ramos, and Chair Haines-Livesay No: 1- Committee Member Pardo de Zela 5.1 Approve the Minutes for May 23, 2022 RHC Meeting City of Mountain View Page 1 Rental Housing Committee Minutes June 20, 2022 Approve the Rental Housing Committee meeting minutes for May 23, 2022. Copies of the minutes for the above noted meeting have been delivered to Committee Members and are available online. 5.2 Resolution Making Findings Authorizing Continued Remote Teleconference Meetings of the Rental Housing Committee Pursuant to Brown Act Provisions, as amended by Assembly Bill No. 361 6. ORAL COMMUNICATIONS FROM THE PUBLIC Steven Goldstein noted that the decrease in property value of his apartment complex could be considered a reduction in services eligible for a petition for a decrease in rent. Scott A. commented that the RHC should not consider the last 2 years when vacancy rates were above 5% when determining base rent and concessions. Ann Marie Morales urged the RHC to have a hybrid meeting option as to not violate the rights of people with disabilities. 7. APPEAL HEARINGS - None 8. PUBLIC HEARINGS - None 9. UNFINISHED BUSINESS 9.1 Amendment to Chapter 2: Definitions of the CSFRA Regulations Amendment to Chapter 4: Petition Process of the CSFRA Regulations Amendment to Chapter 2: Definitions of the MHRSO Regulations Amendment to Chapter 5: Petition Process of the MHRSO Regulations City of Mountain View Page 2 Rental Housing Committee Minutes June 20, 2022 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Salim Damerdji Tim Mackenzie Skye Morland Shanna Edie Keating Lauren Zack Anil Babbar Joshua Howard Matthew Chisam Mobile Home Resident Jeff Zell Kevin Ma Alex Nunez Theresa McFarland Eric Anna Marie Morales Violet Bright Scott A. Steven Goldstein Alex Brown Tim Larson MOTION: M/S - Almond/Ramos - To review and adopt regulations to amend CSFRA Regulations Chapter 2 and 4 and MHRSO Regulations Chapter 2 and 5 to clarify the calculation of Base Rent where a rent concession was provided during the initial term of the tenancy, and to establish a statute of limitations on the recovery of back rent due where a petition was filed on the basis of unlawful rent related to concessions. Yes: 3- Committee Member Almond, Committee Member Rosas, and Vice Chair Ramos No: 2- Committee Member Pardo de Zela, and Chair Haines-Livesay Committee Member Grunewald left the meeting at 9:40 p.m. 10. NEW BUSINESS 10.1 Monthly Status Reports April and May 2022 Senior Management Analyst Black presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Skye Morland Edie Keating The RHC reviewed the Monthly Status Reports for the Rent Stabilization and the Eviction Prevention Programs. City of Mountain View Page 3 Rental Housing Committee Minutes June 20, 2022 10.2 CSFRA Fiscal Year 2022-23 Budget and Annual Rental Housing Fee Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Theresa McFarland Alexander Brown Jeff Zell Edie Keating MOTION: M/S - Almond/Ramos - To adopt a Resolution of the Rental Housing Committee of Mountain View Adopting the Fiscal Year 2022-23 Budget and Establishing a Rental Housing Fee Sufficient to Support the Fiscal Year 2022-23 Budget. Yes: 4- Committee Member Almond, Committee Member Rosas, Vice Chair Ramos, and Chair Haines-Livesay Abstain: 1- Committee Member Pardo de Zela 10.3 Contract with Project Sentinel for Fiscal Year 2022-23 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received. MOTION: M/S - Ramos/Rosas - To authorize the Program Manager or other designee to execute an agreement with Project Sentinel to provide administrative and hearing process services for Fiscal Year 2022-23 for a total amount not to exceed $115,000 as follows: 1. Administrative support services in an amount not to exceed $10,000; 2. Deploy and reimburse Facilitators for the Prehearing Settlement Conference Process in an amount not to exceed $5,000; and 3. Deploy and reimburse Hearing Officers for the Petition Hearing Process in an amount not to exceed $100,000. Yes: 5- Committee Member Almond, Committee Member Pardo de Zela, Committee Member Rosas, Vice Chair Ramos, and Chair Haines-Livesay 10.4 Contract with Goldfarb & Lipman LLP for Fiscal Year 2022-23 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received. MOTION: M/S - Almond/Ramos - To authorize the Program Manager, or other designee, to execute an agreement with Goldfarb & Lipman LLP for legal services related to the Community Stabilization and Fair Rent Act for Fiscal Year 2022-23 in an amount not to exceed $175,000 and to represent the Rental Housing Committee and the City of City of Mountain View Page 4 Rental Housing Committee Minutes June 20, 2022 Mountain View in pending litigation related to the Community Stabilization and Fair Rent Act for Fiscal Year 2022-23 in an amount not to exceed $100,000. Yes: 4- Committee Member Almond, Committee Member Rosas, Vice Chair Ramos, and Chair Haines-Livesay Abstain: 1- Committee Member Pardo de Zela 11. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE 11.1 Upcoming Monthly Workshops, Clinics and Office Hours Analyst Kennedy presented on the monthly workshops, clinics and office hours. Vice-Chair Ramos ask the RHC to revisit the decision on concessions and base rent to consider an option to allow for 1 month concessions. Committee Member Pardo De Zella made a motion to stay the implementation of the Regulations adopted under item 9.1 for 90 days. the Motion failed for a lack of a second. 12. CLOSED SESSION REPORT Karen Tiedemann, Special Counsel, reported out from closed session that the RHC received a report on pending litigation and no action was taken. 13. ADJOURNMENT At 10:42 p.m., Chair Haines-Livesay adjourned the meeting to the next RHC meeting to be held on Monday, July 17, 2022 at 7:00 p.m. via video conference. Submitted for approval by Andrea Kennedy City of Mountain View Page 5

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, June 20, 2022 6:30 PM Video Conference with No Physical Meeting Location During this declared state of emergency, the meeting will be conducted in accordance with California Government Code § 54953(e) as authorized by resolution of the Rental Housing Committee. Please contact mvrent@mountainview.gov to obtain a copy of the applicable resolution. All members of the Rental Housing Committee will participate in the meeting by video conference, with no physical meeting location. Members of the public wishing to observe the meeting may do so at https://mountainview.legistar.com, on YouTube at www.MountainView.gov/YouTube and on Comcast Channel 26. Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1. Email comments to RHC@mountainview.gov by 5:00 p.m. on the meeting date. Emails will be forwarded to the RHC. Please identify the Agenda Item number in the subject line of your email. All emails received will be entered into the record for the meeting. 2. Provide oral public comments during the meeting: Online: You may join the Zoom Webinar using this link: https://mountainview.gov/meeting and entering Webinar ID: 937 7306 8363 You may be asked to enter an email address and a name. Your email address will not be disclosed to the public. When the Chair announces the item on which you wish to speak, click the “raise hand” feature in Zoom. Speakers will be notified of their turn shortly before they are called on to speak. By phone: Dial: (669) 900-9128 and enter Webinar ID: 937 7306 8363 When the Chair announces the item on which you wish to speak, dial *9. Phone participants will be called on by the last two digits of their phone number. When the Chair calls your name to provide public comment, if you are participating via phone, please press *6 to unmute yourself. City of Mountain View Page 1 Printed on 6/24/2022 Rental Housing Committee Agenda June 20, 2022 For instructions on using the "raise hand" feature in Zoom, visit https://mountainview.gov/raise_hand. When called to speak, please limit your comments to the time allotted (up to 3 minutes, at the discretion of the Chair). 1. ANNOUNCEMENT (OPEN SESSION) 2. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Name of Case: Redwood Villa, Inc. v. City of Mountain View and Mountain View Rental Housing Committee, Santa Clara County Superior Court Case Number 18CV322991. 3. CALL TO ORDER 4. ROLL CALL Chair Nicole Haines-Livesay, Vice-Chair Emily Ramos, Committee Members Julian Pardo de Zela, Susyn Almond, Guadalupe Rosas and Matthew Grunewald (alternate). 5. CONSENT CALENDAR These items will be approved by one motion unless any member of the Rental Housing Committee or audience wishes to remove an item for discussion. The reading of the full text of ordinances and resolutions will be waived unless a Committee member requests otherwise. 5.1 Approve the Minutes for May 23, 2022 RHC Meeting Recommendation: Approve the Rental Housing Committee meeting minutes for May 23, 2022. Copies of the minutes for the above noted meeting have been delivered to Committee Members and are available online. Attachments: Minutes RHC Meeting, May 23, 2022 City of Mountain View Page 2 Printed on 6/24/2022 Rental Housing Committee Agenda June 20, 2022 5.2 Resolution Making Findings Authorizing Continued Remote Teleconference Meetings of the Rental Housing Committee Pursuant to Brown Act Provisions, as amended by Assembly Bill No. 361 Recommendation: To adopt a Resolution of the Rental Housing Committee of the City of Mountain View Making Findings Authorizing Continued Remote Teleconference meetings of the Rental Housing Committee Pursuant to Brown Act Provisions as Amended by Assembly Bill No. 361, to be read in title only, further reading waived (Attachment 1 to this memorandum). Attachments: Staff Report ATT 1 - Resolution Regarding Virtual Meetings 6. ORAL COMMUNICATIONS FROM THE PUBLIC This portion of the meeting is reserved for persons wishing to address the Committee on any matter not on the agenda. Speakers are allowed to speak on any topic for one three-minute period during this section. State law prohibits the Committee from acting on non-agenda items. 7. APPEAL HEARINGS - None 8. PUBLIC HEARINGS - None 9. UNFINISHED BUSINESS City of Mountain View Page 3 Printed on 6/24/2022 Rental Housing Committee Agenda June 20, 2022 9.1 Amendment to Chapter 2: Definitions of the CSFRA Regulations Amendment to Chapter 4: Petition Process of the CSFRA Regulations Amendment to Chapter 2: Definitions of the MHRSO Regulations Amendment to Chapter 5: Petition Process of the MHRSO Regulations Recommendation: To review and adopt amendments to the Community Stabilization and Fair Rent Act ("CSFRA" or "the Act") Regulations and to the Mobile Home Rent Stabilization Ordinance ("MHRSO" or "the Ordinance") to clarify the calculation of Base Rent where a rent concession was provided by Landlord (or Park Owner or Mobile Home Landlord) to Tenant (or Mobile Home Owner or Mobile Home Tenant) during the initial term of the tenancy and to establish a statute of limitations on the recovery of back rent due where a Tenant (or Mobile Home Owner or Mobile Home Tenant) files a Petition on the basis of unlawful rent related to concessions. Attachments: Staff Report ATT 1 - Resolution to Amend Chapter 2 and 4 of the CSFRA Regulations ATT 2 - Resolution to Amend Chapter 2 and 5 of the MHRSO Regulations ATT 3 - March 28, 2022 RHC Memo Clarifying Base Rent and Concessions ATT 4 - April 28, 2022 Summary of Stakeholder Meetings ATT 5 - May 23, 2022 RHC Memo Clarifying Case Rent and Concessions 10. NEW BUSINESS 10.1 Monthly Status Reports April and May 2022 Recommendation: To review the Monthly Status Reports for the Rent Stabilization and the Eviction Prevention Programs. Attachments: ATT 1 - Rent Stabilization Monthly Status Report April 2022 ATT 2 - Eviction Prevention Program Monthly Status Report April 2022 ATT 3 - Rent Stabilization Monthly Status Report May 2022 ATT 4 - Eviction Prevention Program Monthly Status Report May 2022 10.2 CSFRA Fiscal Year 2022-23 Budget and Annual Rental Housing Fee Recommendation: To adopt a Resolution of the Rental Housing Committee of Mountain View Adopting the Fiscal Year 2022-23 Budget and Establishing a Rental Housing Fee Sufficient to Support the Fiscal Year 2022-23 Budget, to be read in title only, further reading waived (Attachment 1 to the memorandum). Attachments: Staff Report ATT 1 - Resolution Adopting CSFRA Budget and Rental Housing Fee for FY 2022-23 ATT 2 - May 23, 2022 RHC Staff Report - Fiscal Year 2022-23 Recommended Budget City of Mountain View Page 4 Printed on 6/24/2022 Rental Housing Committee Agenda June 20, 2022 10.3 Contract with Project Sentinel for Fiscal Year 2022-23 Recommendation: To authorize the Program Manager or other designee to execute an agreement with Project Sentinel to provide administrative and hearing process services for Fiscal Year 2022-23 for a total amount not to exceed $115,000 as follows: 1. Administrative support services in an amount not to exceed $10,000; 2. Deploy and reimburse Facilitators for the Prehearing Settlement Conference Process in an amount not to exceed $5,000; and 3. Deploy and reimburse Hearing Officers for the Petition Hearing Process in an amount not to exceed $100,000. Attachments: Staff Report 10.4 Contract with Goldfarb & Lipman LLP for Fiscal Year 2022-23 Recommendation: To authorize the Program Manager, or other designee, to execute an agreement with Goldfarb & Lipman LLP for legal services related to the Community Stabilization and Fair Rent Act for Fiscal Year 2022-23 in an amount not to exceed $175,000 and to represent the Rental Housing Committee and the City of Mountain View in pending litigation related to the Community Stabilization and Fair Rent Act for Fiscal Year 2022-23 in an amount not to exceed $100,000. Attachments: Staff Report 11. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE No action will be taken on any questions raised by the Committee at this time. 11.1 Upcoming Monthly Workshops, Clinics and Office Hours 12. CLOSED SESSION REPORT 13. ADJOURNMENT City of Mountain View Page 5 Printed on 6/24/2022 Rental Housing Committee Agenda June 20, 2022 NOTICE TO THE PUBLIC The agenda and staff reports are available online at https://mountainview.legistar.com. Questions and comments regarding the agenda may be directed to the Rental Housing Committee at (650) 903-6125 or RHC@mountainview.gov. The Committee may consider and act on items listed on the agenda in any order. Consideration of the matters noticed herein is not limited by the recommendations indicated herein. Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the Community Services Department at (650) 903-6400. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)) City of Mountain View Page 6 Printed on 6/24/2022

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