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Rental Housing Committee

Regular Meeting

Mountain View, CA · September 25, 2023

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, September 25, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro St., Mountain View, CA 94041 Adjourned Regular Meeting 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 2. ROLL CALL Present 5 - Chair Edie Keating, Vice Chair Guadalupe Rosas, Member Robert Cox, Member Kevin Ma, and Alternate Alex Brown 3. 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, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown 3.1 Minutes for the August 21, 2023, RHC Meeting 3.2 CSFRA and MHRSO Funds Results for the Fiscal Year Ended June 30, 2023 3.3 Rental Housing Committee Meeting Schedule for Calendar Year 2024 4. ORAL COMMUNICATIONS FROM THE PUBLIC Steve Welter asked the RHC if it is necessary to create RUBS regulations because he has not seen large fluctuations in utility costs at the properties he owns. John Doe (speaking on behalf of 5 residents) explained to the RHC that the MHRSO is not working as intended and asks the RHC to write a letter to the City Council about suggested improvements to the Ordinance. 5. APPEAL HEARINGS 5.1 Appeal of Hearing Officer's Decision Regarding Petition No. C22230037 City of Mountain View Page 1 Rental Housing Committee Minutes September 25, 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. MOTION: M/S - Ma/Brown - To accept the Tentative Appeal Decision regarding Petition C22230037 in its entirety. 6. PUBLIC HEARINGS-None 7. NEW BUSINESS 7.1 Hearing Officer Remuneration Scale Update and Ongoing Methodology Senior Management Analyst Black presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION 1: M/S - Cox/Brown - To adopt an updated remuneration scale for settlement conference facilitators and hearing officers for FY 2023-24 that incorporates prior cost-of-living adjustments (COLA) for FY 2019-20 through FY 2023-24 and sets an annual COLA increase every year thereafter at the start of the Fiscal Year unless otherwise adjusted by the Rental Housing Committee Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown MOTION: M/S - Brown/Rosas - To authorize the Program Manager or other designee to execute an amendment to the agreement with Project Sentinel to provide administrative and hearing process services for Fiscal Year 2023-24 to increase the line item amount for Hearing Officer services to an amount not to exceed $180,000, resulting in the total amount of the contract not to exceed $200,000, in order to adequately address the increase in petitions filed with the Division and the associated hearing officer increases. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown 7.2 Amendments to Chapters 12 of the CSFRA Regulations and MHRSO Regulations Senior Management Analyst Black presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments received. MOTION: M/S - Ma/Brown - To amend CSFRA and MHROS Regulations Chapter 12: Compliance and General Remedies as follows: - CSFRA Regulations Chapter 12: Compliance and General Remedies to place a ten-month cap on the assessment of late charges for failure to timely pay annual rental housing fees and on the assessment of late fees for failure to timely register covered units. - MHRSO Regulations Chapter 12: Compliance and General Remedies to place a ten-month cap on the assessment of late charges for failure to timely pay annual space rental fees and on the assessment of late fees for failure to timely register covered mobile home spaces and mobile homes. City of Mountain View Page 2 Rental Housing Committee Minutes September 25, 2023 Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown 8. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS 8.1 Upcoming Workshops and Housing & Eviction Help Center Dates Analyst Kennedy presented a report and responded to questions. 8.2 Expected Future Agenda Items for RHC Meetings: · Appeal Hearing A(scheduled for RHC October 16, 2023 meeting) · The treatment of Utilities (Ratio Utility Billing Systems) in the CSFRA (scheduled for RHC October 16, 2023, and subsequent meeting). Chair Keating reviewed the agenda items for upcoming Rental Housing Committee meetings. 9. ADJOURNMENT - At 8:59 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, October 16, 2023 at 7:00 p.m. in the Council Chambers and Video Conference. Submitted for approval by Andrea Kennedy RHC Approval on 10/16/2023 City of Mountain View Page 3

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, September 25, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro St., Mountain View, CA 94041 Adjourned Regular Meeting 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, and Alexander Brown (alternate). 3. 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. 3.1 Minutes for the August 21, 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, August 21, 2023 3.2 CSFRA and MHRSO Funds Results for the Fiscal Year Ended June 30, 2023 Recommendation: To review and accept the year-end results for the Community Stabilization and Fair Rent Act (CSFRA) Fund and the Mobile Home Rent Stabilization Ordinance (MHRSO) Fund for the fiscal year ended June 30, 2023. City of Mountain View Page 1 Printed on 5/1/2024 Rental Housing Committee Agenda September 25, 2023 Attachments: Staff Report ATT 1 - CSFRA Fund: Statement of Revenues, Expenditures, and Balances ATT 2 - MHRSO Fund: Statement of Revenues, Expenditures, and Balances 3.3 Rental Housing Committee Meeting Schedule for Calendar Year 2024 Recommendation: To adopt a Resolution establishing a Meeting Schedule for the Rental Housing Committee for Calendar Year 2024 as attached to this memorandum. Attachments: Staff Report ATT 1 - Resolution to Adopt Meeting Schedule for Calendar Year 2024 4. 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. 5. APPEAL HEARINGS 5.1 Appeal of Hearing Officer's Decision Regarding Petition No. C22230037 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. C22230037 ATT 2 - Decision of Hearing Officer (June 9, 2023) ATT 3 - Appellant-Landlord Appeal of Decision (June 22, 2023) 6. PUBLIC HEARINGS-None 7. NEW BUSINESS 7.1 Hearing Officer Remuneration Scale Update and Ongoing Methodology Recommendation: 1. Adopt an updated remuneration scale for settlement conference facilitators and hearing officers for FY 2023-24 that incorporates prior cost-of-living adjustments (COLA) for FY 2019-20 through FY 2023-24 and sets an annual COLA increase every year thereafter at the start of the Fiscal Year unless otherwise adjusted by the Rental Housing Committee. 2. Authorize the Program Manager or other designee to execute an amendment to the agreement with Project Sentinel to provide administrative and hearing process City of Mountain View Page 2 Printed on 5/1/2024 Rental Housing Committee Agenda September 25, 2023 services for Fiscal Year 2023-24 to increase the line item amount for Hearing Officer services to an amount not to exceed $180,000, resulting in the total amount of the contract not to exceed $200,000, in order to adequately address the increase in petitions filed with the Division and the associated hearing officer increases. Attachments: Staff Report ATT 1 - RHC Memo - Hearing Officer Recruitment, Evaluation and Remuneration Schedule ATT 2 - Bay Area Rent Stabilization Jurisdictions Adjudicators Rates (March 25, 2019) 7.2 Amendments to Chapters 12 of the CSFRA Regulations and MHRSO Regulations Recommendation: 1. Amend CSFRA Regulations Chapter 12: Compliance and General Remedies to place a ten-month cap on the assessment of late charges for failure to timely pay annual rental housing fees and on the assessment of late fees for failure to timely register covered units. 2. Amend MHRSO Regulations Chapter 12: Compliance and General Remedies to place a ten-month cap on the assessment of late charges for failure to timely pay annual space rental fees and on the assessment of late fees for failure to timely register covered mobile home spaces and mobile homes. Attachments: Staff Report ATT 1 - Draft Resolution to Adopt Amendment to Chapter 12 of the CSFRA Regulations ATT 2 - Draft Resolution to Adopt Amendment to Chapter 12 of the MHRSO Regulations 8. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS No action will be taken on any questions raised by the Committee at this time. 8.1 Upcoming Workshops and Housing & Eviction Help Center Dates 8.2 Expected Future Agenda Items for RHC Meetings: Recommendation: · Appeal Hearing A(scheduled for RHC October 16, 2023 meeting) · The treatment of Utilities (Ratio Utility Billing Systems) in the CSFRA (scheduled for RHC October 16, 2023, and subsequent meeting). 9. ADJOURNMENT - At 8:59 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Monday, October 16, 2023 at 7:00 p.m. in the Council Chambers and Video Conference. City of Mountain View Page 3 Printed on 5/1/2024 Rental Housing Committee Agenda September 25, 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. ADDRESSING THE COMMITTEE: Email comments to RHC@mountainview.gov by 5:00 p.m. on the meeting date. Emails will be received directly by the Rental Housing Committee. Please identify the Agenda item number in the subject line of your email. Requests to show an audio or video presentation during a Committee meeting should be directed to mvrent@mountainview.gov by 5:00 p.m. on the meeting date. Anyone wishing to address the Committee in person must complete a speaker card indicating the name you would like to be called by when it is your turn to speak and the item number on which you wish to speak. Please complete one speaker card for each item on which you wish to speak. Virtual and in-person speakers will be called in order as determined by the Chair. Pursuant to Regulation Chapter 3, an individual speaker shall have up to 3 minutes to address the Committee. For any agenda item or for Oral Communications on nonagenda items, if there appears to be a large number of speakers, the Chair may reduce speaking time to no less than 2 minutes per speaker unless there is an objection from the Committee by majority vote. If requested in advance of the public input portion of the agenda item to the Committee, a speaker who represents five or more members of the public in attendance may have up to 10 minutes to address the Committee, if the Chair determines that such extension will reduce the total number of speakers who planned to speak. The presiding officer may remove or cause the removal of any individual(s) for disrupting a meeting in accordance with California Government Code section 54957.95, as may be amended from time to time. In accordance with California Government Code section 54957.9, as may be amended from time to time, the Committee may order a meeting room cleared and continue in session in the event a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting impossible, and order cannot be restored by the removal of individuals who are disrupting the meeting. Pursuant to Government Code Section 54954.3(b)(1), at least twice the allotted speaking time will be provided to a member of the public who utilizes a translator. City of Mountain View Page 4 Printed on 5/1/2024

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