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Rental Housing Committee

Regular Meeting

Mountain View, CA · August 21, 2023

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, August 21, 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 7:00 p.m. 2. ROLL CALL Present 5 - Chair Edie Keating, Member Robert Cox, Member Kevin Ma, Member Kirin Madison, and Alternate Alex Brown Absent 1 - Vice Chair Guadalupe Rosas 3. CLOSED SESSION - None 4. CONSENT CALENDAR SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION: M/S - Cox/Brown - To approve the Consent Calendar. Yes: 5 - Chair Keating, Member Cox, Member Ma, Member Madison, and Alternate Brown 4.1 Minutes for the June 12, 2023, RHC Meeting 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. 5. ORAL COMMUNICATIONS FROM THE PUBLIC No public comments received. 6. APPEAL HEARINGS 6.1 Appeal of Hearing Officer's Decision Regarding Petition M2223001 Consider the Tentative Appeal Decision and either accept the Tentative Appeal Decision or modify the Tentative Appeal Decision with instructions to staff citing appropriate evidence in the record. City of Mountain View Page 1 Rental Housing Committee Minutes August 21, 2023 Nazanin Salehi, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. PRESENTATION AND ARGUMENTS BY APPELLANT-TENANT - Elie Sfeir PRESENTATION AND ARGUMENTS BY RESPONDENT-LANDLORD - Anthony Rodriguez PRESENTATION AND ARGUMENTS BY APPELLANT-TENANT - Elie Sfeir PRESENTATION AND ARGUMENTS BY RESPONDENT-LANDLORD - Anthony Rodriguez MOTION: M/S - Ma/Brown - To accept the Tentative Appeal Decision regarding Petition M2223001 in its entirety. Yes: 5 - Chair Keating, Member Cox, Member Ma, Member Madison, and Alternate Brown 6.2 Untimely Appeal request of Decision Regarding Petition No. 22230012 Nazanin Salehi, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. PRESENTATION AND ARGUMENTS BY APPEAL REQUESTOR - LANDLORD - Maria Roque PRESENTATION AND ARGUMENTS BY RESPONDENT - TENANT - Juana Castillo with interpretation services by City employee Ana Jimenez. MOTION: M/S - Cox/Brown - To deny the untimely appeal request by Respondent-Landlord of Hearing Officer’s Decision issued on February 22, 2023, in Petition 22230012. Yes: 5 - Chair Keating, Member Cox, Member Ma, Member Madison, and Alternate Brown 7. PUBLIC HEARINGS - None 8. NEW BUSINESS 8.1 Presentation from Housing Department Director, Wayne Chen Housing Department Director Chen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Steve Welter The RHC received an informational presentation from the Housing Department Director about the newly formed Housing Department. 8.2 Study Session: Rent and the Treatment of Utilities in the CSFRA and Ratio Utility Billing Systems City of Mountain View Page 2 Rental Housing Committee Minutes August 21, 2023 Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Anil Babbar Oceanna Vallancourt Sandra Esparza Steve Welter Dave Offen Jackie Todesco Andrew B. Ahanna Dion Jesse Cupp Reyna Dominguez The RHC received a presentation and provided initial input on and parameters for developing regulations for the use of RUBS to provide consistent application of the CSFRA requirements regarding lawful rents and rent increases. MOTION: M/S - Brown/Cox - To continue agenda item 8.3, Quarterly Financial Expenditures FY 2022-23 through June 30, 2023, and item 8.4, Rent Stabilization Program Quarterly Report, to a future RHC meeting. SUBSTITUTE MOTION: M/S - Ma/Keating - To accept the staff reports and waive staff presentations for agenda item 8.3, Quarterly Financial Expenditures FY 2022-23 through June 30, 2023, and item 8.4, Rent Stabilization Program Quarterly Report. Yes: 3 - Chair Keating, Member Ma, and Member Madison No: 2 - Member Cox, and Alternate Brown 8.3 Quarterly Financial Expenditures FY 2022-23 through June 30, 2023 RHC accepted the staff report and waived staff presentation for this agenda item. 8.4 Rent Stabilization Program Quarterly Report RHC accepted the staff report and waived staff presentation for this agenda item. 9. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS 9.1 Upcoming Workshops and Housing & Eviction Help Center Dates Analyst Kennedy presented a report and responded to questions. City of Mountain View Page 3 Rental Housing Committee Minutes August 21, 2023 9.2 Expected Future Agenda Items for RHC Meetings: o The RHC meeting for September has been moved from September 18 to September 25, 2023. o Appeal hearings (scheduled for RHC September 25, 2023) o The treatment of Utilities (Ratio Utility Billing Systems) in the CSFRA (scheduled for RHC September 25 2023, and subsequent meeting). Chair Keating reviewed the agenda items for upcoming Rental Housing Committee meetings. 10. ADJOURNMENT- At 11:40 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, September 25, 2023 at 7:00 p.m. in the Council Chambers and Video Conference. Submitted for approval by Andrea Kennedy RHC Approval on 9/25/2023 City of Mountain View Page 4

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, August 21, 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 - None 4. CONSENT CALENDAR These items will be approved by one motion unless any member of the Rental Housing Committee 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 Minutes for the June 12, 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. Attachments: Minutes RHC Meeting, June 12, 2023 5. 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. City of Mountain View Page 1 Printed on 5/15/2024 Rental Housing Committee Agenda August 21, 2023 6. APPEAL HEARINGS 6.1 Appeal of Hearing Officer's Decision Regarding Petition M2223001 Recommendation: Consider the Tentative Appeal Decision and either accept the Tentative Appeal Decision or modify the Tentative Appeal Decision with instructions to staff citing appropriate evidence in the record. Attachments: Staff Report ATT 1 - Tentative Appeal Decision for Petition No. M2223001 ATT 2 - Decision of Hearing Officer (May 22, 2023) ATT 3 - Appelant-Tenant Appeal of Decision (June 1, 2023) ATT 4 - Respondent’s Response to Tentative Appeal Decision (August 16, 2023) ATT 5 - Supplemental RHC Memo Appeal Hearing (August 18, 2023) 6.2 Untimely Appeal request of Decision Regarding Petition No. 22230012 Recommendation: To receive information and evidence from Petitioner and Respondent about the untimely appeal request by Respondent-Landlord of Hearing Officer’s Decision issued February 22, 2023, in Petition No. 22230012 and deny the untimely appeal request of the Hearing Officer’s decision. Attachments: Staff Report ATT 1 - Landlord’s Request for Appeal of Petition Hearing Decision issued February 22, 2023 7. PUBLIC HEARINGS - None 8. NEW BUSINESS 8.1 Presentation from Housing Department Director, Wayne Chen Recommendation: To receive an informational presentation from the about the newly formed Housing Department. 8.2 Study Session: Rent and the Treatment of Utilities in the CSFRA and Ratio Utility Billing Systems Recommendation: That the Rental Housing Committee (RHC): ·Receive a presentation on the definition of “rent” and the treatment/inclusion of utilities as part of the rent as stipulated in the Community Stabilization and Fair Rent Act (CSFRA). ·Receive information about the use of Ratio Utility Billing Systems (RUBS) by landlords to separately bill utilities for CSFRA tenants, causing monthly fluctuations in rent. City of Mountain View Page 2 Printed on 5/15/2024 Rental Housing Committee Agenda August 21, 2023 ·Receive a summary of the results of the stakeholder meetings held February 28, 2023 (Landlord meeting), March 2, 2023 (Tenant meeting) and March 21 (General Session) as well as the feedback received during individual meetings. ·Provide initial input on and parameters for developing regulations for consideration by the RHC on the use of RUBS to provide consistent application of the CSFRA requirements regarding lawful rents and rent increases. Attachments: Staff Report ATT 1 - RHC Memo (January 31, 2023) ATT 2 - Overview of Rent Stabilized Jurisdictions in CA and Treatment of Utilities ATT 3 - Summary of Stakeholder Feedback ATT 4 - 2022 Santa Clara County Housing Authority Utility Allowances 8.3 Quarterly Financial Expenditures FY 2022-23 through June 30, 2023 Recommendation: Review the Quarterly Financial Expenditures Report for Fiscal Year 2022-23 through June 30, 2023, for both the Community Stabilization and Fair Rent Act (Attachment 1) and the Mobile Home Rent Stabilization Ordinance (Attachment 2). Attachments: Staff Report ATT 1 - CSFRA Quarterly Financial Report (Fiscal Year 2022-23 through June 30, 2023) ATT 2 - MHRSO Quarterly Financial Report (Fiscal Year 2022-23 through June 30, 2023) 8.4 Rent Stabilization Program Quarterly Report Recommendation: To receive an overview of the Rent Stabilization Program’s Quarterly Report and provide feedback. Attachments: Quarterly Report, Q4, Fiscal Year 2022-23 9. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS No action will be taken on any questions raised by the Committee at this time. 9.1 Upcoming Workshops and Housing & Eviction Help Center Dates 9.2 Expected Future Agenda Items for RHC Meetings: o The RHC meeting for September has been moved from September 18 to September 25, 2023. o Appeal hearings (scheduled for RHC September 25, 2023) o The treatment of Utilities (Ratio Utility Billing Systems) in the CSFRA (scheduled for RHC September 25 2023, and subsequent meeting). 10. ADJOURNMENT- At 11:40 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, September 25, 2023 at 7:00 p.m. in the Council Chambers and Video Conference. City of Mountain View Page 3 Printed on 5/15/2024 Rental Housing Committee Agenda August 21, 2023 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 5/15/2024

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