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Rental Housing Committee

Regular Meeting

Mountain View, CA · June 12, 2023

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, June 12, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro St., Mountain View, CA 94041 1. CALL TO ORDER The meeting was called to order at 7:04 p.m. 2. ROLL CALL Present 6 - Chair Edie Keating, Vice Chair Guadalupe Rosas, Member Robert Cox, Member Kevin Ma, Member Kirin Madison, and Alternate Alex Brown 3. CLOSED SESSION The closed session was called to order at 7:05 p.m. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. Conference with Legal Counsel – Existing Litigation Name of Case: Enlightened Investments, Inc. v. City of Mountain View Rental Housing Committee, City of Mountain View, Santa Clara Superior Court Case 21CV390118. The public meeting was reconvened at 7:30 p.m. 4. CONSENT CALENDAR SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION 1: M/S - Cox/Madison - To amend the May 22, 2023 minutes to read, "ADJOURNMENT - At 8:50 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, June 12, 2023 at 7:00 p.m. in the Council Chambers and Video Conference." Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Member Madison MOTION 2: M/S - Ma/Madison - To approve the May 22, 2023 RHC meeting minutes including the approved amendment to correct that the meeting was adjourned by Chair Keating. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Member Madison 4.1 Approve the Minutes for the May 22, 2023, RHC Meeting 5. ORAL COMMUNICATIONS FROM THE PUBLIC City of Mountain View Page 1 Rental Housing Committee Minutes June 12, 2023 Steven Goldstein told the RHC that his apartment building continues to have structural damage under the new ownership. 6. APPEAL HEARINGS - None 7. PUBLIC HEARINGS - None 8. NEW BUSINESS 8.1 CSFRA and MHRSO Fiscal Year 2023-24 Budget and Annual Fees To adopt a resolution of the Rental Housing Committee of Mountain View adopting the Fiscal Year 2023-24 budgets for the Community Stabilization and Fair Rent Act and the Mobile Home Rent Stabilization Ordinance and establishing a Rental Housing Fee and Rental Space Fee sufficient to support the Fiscal Year 2023-24 budgets, to be read in title only, further reading waived. Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION: M/S - Ma/Rosas - To adopt a resolution of the Rental Housing Committee of Mountain View adopting the Fiscal Year 2023-24 budgets for the Community Stabilization and Fair Rent Act and the Mobile Home Rent Stabilization Ordinance and establishing a Rental Housing Fee and Rental Space Fee sufficient to support the Fiscal Year 2023-24 budgets, to be read in title only, further reading waived. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Member Madison 8.2 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations Chapter 6 Hearing Procedure: Subpoenas Nazanin Salehi, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Steven Goldstein Theresa McFarland MOTION: M/S - Cox/Madison - To amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing Procedure to clarify that a Hearing Officer may issue a subpoena to compel relevant evidence or witness testimony in a petition hearing. Parties to a petition have the right to request a Hearing Officer issue a subpoena on their behalf. The Hearing Officer has the discretion to revise a subpoena request as necessary and may approve or decline a request for a subpoena in whole or in part. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Member Madison 8.3 Appeal Hearings by the Rental Housing Committee To receive a presentation on the role and responsibilities of the Rental Housing Committee conducting Petition Appeal Hearings. City of Mountain View Page 2 Rental Housing Committee Minutes June 12, 2023 Karen Tiedemann, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. The RHC received a presentation on the roles and responsibilities of the Rental Housing Committee when conducting Petition Appeal Hearings. 8.4 Contract Renewal with Goldfarb & Lipman LLP for Fiscal Year 2023-24 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION: M/S - Madison/Ma - 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 2023-24 in an amount not to exceed $175,000 and to represent the Rental Housing Committee and the City of Mountain View in litigation related to the Community Stabilization and Fair Rent Act for Fiscal Year 2023-24 in an amount up to $50,000 for a total amount not to exceed $225,000. To authorize the Program Manager or other designee to execute an agreement Goldfarb & Lipman LLP for legal services related to the Mobile Home Rent Stabilization Ordinance for Fiscal Year 2023-24 in an amount not to exceed $30,000 and to represent the Rental Housing Committee and the City of Mountain View in litigation related to the Mobile Home Rent Stabilization Ordinance for Fiscal Year 2023-24 in an amount up to $50,000 for a total amount not to exceed $80,000. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Member Madison 8.5 Contract renewal with Project Sentinel for Fiscal Year 2023-24 City of Mountain View Page 3 Rental Housing Committee Minutes June 12, 2023 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION: M/S - Cox/Rosas - To authorize the Program Manager or other designee to execute an agreement with Project Sentinel to provide administrative and hearing process services for the CSFRA for Fiscal Year 2023-24 for a total amount not to exceed $120,000 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 $10,000; and 3. Deploy and reimburse Hearing Officers for the Petition Hearing Process in an amount not to exceed $100,000. To authorize the Program Manager or other designee to execute an agreement with Project Sentinel to provide administrative and hearing process services for the MHRSO for Fiscal Year 2023-24 for a total amount not to exceed $30,000 as follows: 1. Administrative support services in an amount not to exceed $1,000; 2. Deploy and reimburse Facilitators for the Prehearing Settlement Conference Process in an amount not to exceed $4,000; and 3. Deploy and reimburse Hearing Officers for the Petition Hearing Process in an amount not to exceed $25,000. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Member Madison 8.6 Updated Rental Housing Committee Work Plan for Calendar Year 2023 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. The RHC reviewed the updated Work Plan for the Rental Housing Committee for calendar year 2023 as initially established on October 17, 2022, and provided feedback to staff, both in terms of content and timeline. The RHC choose October 21, 2023 for a training and team building meeting for the Rental Housing Committee. 9. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE 9.1 Litigation Report on final decision in Redwood Villa Inc. v. City of Mountain View, Mountain View Rental Housing Committee Karen Tiedemann, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. City of Mountain View Page 4 Rental Housing Committee Minutes June 12, 2023 9.2 Upcoming Workshops and Housing & Eviction Help Center Analyst Kennedy presented a report and responded to questions. 9.3 Expected future agenda items for RHC meetings: o Appeal hearing (scheduled for RHC August 21, 2023) o The treatment of Utilities (Ratio Utility Billing Systems) in the CSFRA (scheduled for RHC August 21, 2023, and subsequent meetings) Chair Keating reviewed the agenda items for upcoming Rental Housing Committee meetings. Program Manager van Deursen reported back on the June 10, 2023 Summer Kick-Off event. Committee Member Madison noted that Caltrain is currently testing new electric locomotives which are very quiet. Vice-Chair Rosas and Committee Member Cox appreciated the news on the electric locomotives. 10. 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. 11. ADJOURNMENT - At 9:25 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, August 21, 2023 at 7:00 p.m. in the Council Chambers and Video Conference. Submitted for approval by Andrea Kennedy RHC Approval on 8/21/2023 City of Mountain View Page 5

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, June 12, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro St., Mountain View, CA 94041 This meeting is being conducted with a virtual component. Anyone wishing to address the Committee virtually may join the meeting online at: https://mountainview.zoom.us/j/93773068363 or by dialing (669) 900-9128 and entering Webinar ID: 937 7306 8363. When the Chair announces the item on which you wish to speak, click the “raise hand” feature in Zoom or dial *9 on your phone. When the Chair calls your name to provide public comment, if you are participating via phone, please press *6 to unmute yourself. 1. CALL TO ORDER 2. ROLL CALL Chair Edie Keating, Vice-Chair Guadalupe Rosas, Committee Members Robert Cox, Kevin Ma, Kirin Madison and Alexander Brown (alternate). 3. CLOSED SESSION Conference with Legal Counsel – Existing Litigation Name of Case: Enlightened Investments, Inc. v. City of Mountain View Rental Housing Committee, City of Mountain View, Santa Clara Superior Court Case 21CV390118. 4. 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. 4.1 Approve the Minutes for the May 22, 2023, RHC Meeting Recommendation: Approve the Rental Housing Committee meeting minutes. Copies of the minutes for the above noted meeting have been delivered to Committee Members and copies are available online or by request. Attachments: Minutes RHC Meeting, May 22, 2023 5. ORAL COMMUNICATIONS FROM THE PUBLIC City of Mountain View Page 1 Printed on 6/17/2024 Rental Housing Committee Agenda June 12, 2023 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. 6. APPEAL HEARINGS - None 7. PUBLIC HEARINGS - None 8. NEW BUSINESS 8.1 CSFRA and MHRSO Fiscal Year 2023-24 Budget and Annual Fees To adopt a resolution of the Rental Housing Committee of Mountain View adopting the Fiscal Year 2023-24 budgets for the Community Stabilization and Fair Rent Act and the Mobile Home Rent Stabilization Ordinance and establishing a Rental Housing Fee and Rental Space Fee sufficient to support the Fiscal Year 2023-24 budgets, to be read in title only, further reading waived. Attachments: Staff Report ATT 1 - Resolution Adopting the CSFRA and MHRSO Budgets ATT 2 - May 22, 2023, RHC Staff Report 8.2 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations Chapter 6 Hearing Procedure: Subpoenas Recommendation: Amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing Procedure to clarify that a Hearing Officer may issue a subpoena to compel relevant evidence or witness testimony in a petition hearing. Attachments: Staff Report ATT 1 - Draft Resolution to Adopt Amendment to Chapter 5 of the CSFRA Regulations ATT 2 - Draft Resolution to Adopt Amendment to Chapter 6 of the MHRSO Regulations 8.3 Appeal Hearings by the Rental Housing Committee Recommendation: To receive a presentation on the role and responsibilities of the Rental Housing Committee conducting Petition Appeal Hearings. 8.4 Contract Renewal with Goldfarb & Lipman LLP for Fiscal Year 2023-24 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 2023-24 in an amount not to exceed $175,000 and to represent the Rental Housing Committee and the City of Mountain View in litigation related to the Community Stabilization and Fair Rent Act for Fiscal Year 2023-24 in an amount up to $50,000 for a total amount not to exceed $225,000. City of Mountain View Page 2 Printed on 6/17/2024 Rental Housing Committee Agenda June 12, 2023 To authorize the Program Manager or other designee to execute an agreement Goldfarb & Lipman LLP for legal services related to the Mobile Home Rent Stabilization Ordinance for Fiscal Year 2023-24 in an amount not to exceed $30,000 and to represent the Rental Housing Committee and the City of Mountain View in litigation related to the Mobile Home Rent Stabilization Ordinance for Fiscal Year 2023-24 in an amount up to $50,000 for a total amount not to exceed $80,000. Attachments: Staff Report 8.5 Contract renewal with Project Sentinel for Fiscal Year 2023-24 Recommendation: To authorize the Program Manager or other designee to execute an agreement with Project Sentinel to provide administrative and hearing process services for the CSFRA for Fiscal Year 2023-24 for a total amount not to exceed $120,000 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 $10,000; and 3. Deploy and reimburse Hearing Officers for the Petition Hearing Process in an amount not to exceed $100,000. To authorize the Program Manager or other designee to execute an agreement with Project Sentinel to provide administrative and hearing process services for the MHRSO for Fiscal Year 2023-24 for a total amount not to exceed $30,000 as follows: 1. Administrative support services in an amount not to exceed $1,000; 2. Deploy and reimburse Facilitators for the Prehearing Settlement Conference Process in an amount not to exceed $4,000; and 3. Deploy and reimburse Hearing Officers for the Petition Hearing Process in an amount not to exceed $25,000. Attachments: Staff Report 8.6 Updated Rental Housing Committee Work Plan for Calendar Year 2023 Recommendation: To review the updated Work Plan for the Rental Housing Committee for calendar year 2023 as initially established on October 17, 2022, and provide feedback to staff, both in terms of content and timeline. City of Mountain View Page 3 Printed on 6/17/2024 Rental Housing Committee Agenda June 12, 2023 Attachments: Staff Report ATT 1 - 2022.10.17 RHC Work Plan for Calendar Year 2023 ATT 2 - 2023.06.12 Updated RHC Work Plan for Calendar Year 2023 9. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE No action will be taken on any questions raised by the Committee at this time. 9.1 Litigation Report on final decision in Redwood Villa Inc. v. City of Mountain View, Mountain View Rental Housing Committee 9.2 Upcoming Workshops and Housing & Eviction Help Center 9.3 Expected future agenda items for RHC meetings: o Appeal hearing (scheduled for RHC August 21, 2023) o The treatment of Utilities (Ratio Utility Billing Systems) in the CSFRA (scheduled for RHC August 21, 2023, and subsequent meetings) 10. CLOSED SESSION REPORT 11. ADJOURNMENT - At 9:25 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, August 21, 2023 at 7:00 p.m. in the Council Chambers and Video Conference. NOTICE TO THE PUBLIC The agenda, reports, and any writings or documents provided to a majority of the Rental Housing Committee regarding any item on this agenda are posted at https://mountainview.legistar.com under the meeting details for the date of this meeting. The agenda may also be viewed at City Hall, 500 Castro Street, the City Clerk's Office, 500 Castro Street, Third Floor and at the Mountain View Library, 585 Franklin Street, beginning Thursday, prior to Monday Rental Housing Committee meetings. Printed copies of the agenda, reports, and any writings or documents already provided to a majority of the Committee regarding any item on this agenda may be requested at the Rent Stabilization Program during normal business hours. The Committee may consider and act on items listed on the agenda in any order and thus those interested in an item listed on the agenda are advised to be present throughout the meeting. In the event it appears that the entire agenda cannot be completed by the time of adjournment, the Committee may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Committee directs otherwise. Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the Rent Stabilization Program at (650) 903-6136 or by email at mvrent@mountainview.gov 48 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)). If you have a hearing or speech disability, please use the California Relay System at 711, TDD 650-967-0158 or 800-735-2929. The City of Mountain View does not discriminate on the basis of race, color, religion, national origin, sex, disability, age, source of income, gender, gender expression or identity, or any other State or Federal protected class in any of its policies, procedures or practices. This nondiscrimination policy covers admission and access to, or treatment or employment in, the City of Mountain View programs and activities. For inquiries regarding the nondiscrimination policy, please contact the City's Section 504 Coordinator at laurel.james@mountainview.gov or 650-903-6397. Computer-generated captioning of the Rental Housing Committee meeting is unedited and should neither be relied upon for complete accuracy nor used as a verbatim transcript. City of Mountain View Page 4 Printed on 6/17/2024

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