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Rental Housing Committee

Regular Meeting

Mountain View, CA · October 16, 2023

AgendaMinutes

Minutes

City of Mountain View Minutes Rental Housing Committee Monday, October 16, 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 7:02 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 September 25, 2023, RHC Meeting 4. ORAL COMMUNICATIONS FROM THE PUBLIC No public comments received. 5. APPEAL HEARINGS 5.1 Appeal of Hearing Officer's Decision Regarding Petition No. 22230030 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-LANDLORD - Elaine Tai PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANT - Siamak Yaghoubzadeh PRESENTATION AND ARGUMENTS BY APPELLANT-LANDLORD - Elaine Tai PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANT - Siamak Yaghoubzadeh MOTION: M/S - Cox/Brown - To accept the Tentative Appeal Decision regarding Petition No. 22230030 in its entirety. Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown City of Mountain View Page 1 Rental Housing Committee Minutes October 16, 2023 6. STUDY SESSION 6.1 Study Session: Rent and the Treatment of Utilities in the CSFRA and Ratio Utility Billing Systems Program Manager van Deursen presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Regan Avery Anil Babbar, speaking on behalf of 5 attendees Oceana Vallancourt Emily Tessa McFarland Jesse Cupp Pam Delores Monik Rosas Berumen Philip Cosby Sandra Esparza Maricela Choque, translations provided by Sandra Esparza Jeff Zell Andrew Bonin Steve Welter City of Mountain View Page 2 Rental Housing Committee Minutes October 16, 2023 In order to provide guidance to staff to draft regulations to clarify rent and the treatment of utilities in the CSFRA and Ratio Utility Billing Systems, the RHC conducted a straw poll on the following recommendations: 1. Carries 5-0 in favor of draft regulations clarifying prohibition of using RUBS or similar systems to bill utility charges associated with the use and occupancy of CSFRA-covered units. 2. Carried 5-0 in favor of option B: the lesser of a) a calculation of average utility costs per room; and b) the sum of all applicable Santa Clara County Housing Authority Utility Allowances. The RHC is also interested in staff coming back with additional options that considers common areas. 3. Carries 4-0-1 in favor of adopting an administrative process to review the One-Time Utility Adjustment Petitions forms. 4. Carries 5-0 in favor of having staff examine a sample of the rent adjustment petitions for each property to ensure that the rent adjustments are properly calculated and send landlord and all affected tenant(s) a confirmation letter. 5. Carried 5-0 in favor of having staff review One-Time Utility Adjustment Petitions. 6. Carried 5-0 in favor of adopting proposed deadlines for submission of One-Time Utility Adjustment Petitions: a. >20 units: Within 6 months of launch of Offset Petition process b. 6-20 units: Within 9 months of launch of Offset Petition process c. 1-5 units: Within 12 months of launch of Offset Petition process 7. Carries 5-0 in favor of including a provision in the draft regulations pausing the filing and processing of any tenant petitions based solely on RUBS until after the deadline for submission of the One-Time Utility Adjustment Petition has expired. 8. 4-1 in opposition of Including a provision in the draft regulations to require landlords to refund excess rent to any tenants who have overpaid due to the use of RUBS for a period of 4 (four) years. The Rental Housing Committee took a recess at 9:57 P.M. The Rental housing Committee reconvened at 10:03 P.M. 7. NEW BUSINESS 7.1 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations Chapter 6 Hearing Procedure: Hearing Timeline Amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing Procedure, to revise existing timelines in the petition process. Senior Management Analyst Black presented a report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comment received. MOTION: M/S - Rosas/ Brown - To amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing Procedure, to revise existing timelines in the petition process. City of Mountain View Page 3 Rental Housing Committee Minutes October 16, 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 and Eviction Help Center Dates Analyst Kennedy presented a report and responded to questions. 8.2 Expected Future Agenda Items for RHC Meetings: Saturday October 21, 11am-2pm RHC Workshop, at Michaels Restaurant, Shoreline, MV Vice Chair Rosas thanked staff for their help and hard work. 9. ADJOURNMENT - At 10:30 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Saturday, October 21, 2023 at 11:00 a.m. at Michaels Restaurant, 2940 North Shoreline Blvd. Submitted for approval by Andrea Kennedy RHC Approval on 11/13/2023 City of Mountain View Page 4

Agenda

City of Mountain View Agenda Rental Housing Committee Monday, October 16, 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 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 September 25, 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, September 25, 2023 4. ORAL COMMUNICATIONS FROM THE PUBLIC No public comments received. 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. 22230030 City of Mountain View Page 1 Printed on 4/19/2024 Rental Housing Committee Agenda October 16, 2023 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. C22230030 ATT 2 - Decision of Hearing Officer (June 30, 2023) ATT 3 - Appellant-Landlord Appeal of Decision (July 7, 2023) 6. STUDY SESSION 6.1 Study Session: Rent and the Treatment of Utilities in the CSFRA and Ratio Utility Billing Systems Recommendation: That the Rental Housing Committee (RHC) provide input on and parameters for regulations, including: • Clarification that all rental charges, including charges for shared or master-metered utilities including, but not limited to water, sewer or trash, are part of the definition of rent as stipulated in the Community Stabilization and Fair Rent Act (CSFRA), and the cost of such services must be established as part of the initial rental rate and specified in the rental agreement at the commencement of the tenancy. • A transitional One-Time Utility Adjustment Petition process o allowing housing providers, currently using RUBS or similarly calculated and billed utility charges, a transition from separately charged utilities to including utility costs in the rental amount with a One-Time Utility Adjustment Petition, to bring non-compliant rental properties into compliance with the CSFRA. o Explaining the administration of submitting and processing of One-Time Utility Adjustment Petitions. Attachments: Staff Report ATT 1 - Rental Housing Committee Memo, January 31, 2023 ATT 2 - Rental Housing Committee Memo, August 21, 2023 ATT 3 - 2022 Santa Clara County Housing Authority Utility Allowances ATT 4 - Examples calculations Options under One-Time Utility Adjustment Petition 7. NEW BUSINESS 7.1 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations Chapter 6 Hearing Procedure: Hearing Timeline City of Mountain View Page 2 Printed on 4/19/2024 Rental Housing Committee Agenda October 16, 2023 Recommendation: Amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing Procedure, to revise existing timelines in the petition process. Attachments: Staff Report ATT 1 - Resolution to Adopt Amendments to Chapter 5 of the CSFRA Regulations ATT 2 - Resolution to Adopt Amendment to Chapter 6 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 and Eviction Help Center Dates 8.2 Expected Future Agenda Items for RHC Meetings: Recommendation: Saturday October 21, 11am-2pm RHC Workshop, at Michaels Restaurant, Shoreline, MV 9. ADJOURNMENT - At 10:30 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on Saturday, October 21, 2023 at 11:00 a.m. at Michaels Restaurant, 2940 North Shoreline Blvd. 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 3 Printed on 4/19/2024 Rental Housing Committee Agenda October 16, 2023 ADDRESSING THE COMMITTEE: Email comments to RHC@mountainview.gov by 4:30 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 4:30 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 4/19/2024

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