Rental Housing Committee
Regular MeetingMountain View, CA · December 18, 2023
Minutes
CITY OF MOUNTAIN VIEW MONDAY, DECEMBER 18, 2023 - 7:00 PM
RENTAL HOUSING COMMITTEE ACTION SUMMARY COUNCIL CHAMBERS AND VIDEO CONFERENCE, 500 CASTRO
ST., MOUNTAIN VIEW, CA 94041
RHC
December 18, 2023 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 6- Member Alex Brown, Member Robert Cox, Member Kevin Ma, Vice Chair Guadalupe
Rosas, Chair Edie Keating, and Alternate Mark Balch
3. CONSENT CALENDAR
SPEAKING FROM THE FLOOR WITH COMMENTS:
No public comments received.
MOTION: M/S - Rosas/Cox - To approve the Consent Calendar
Yes: 5- Member Brown, Member Cox, Member Ma, Vice Chair Rosas, and Chair Keating
3.1 Minutes for the November 13, 2023, RHC Meeting
4. ORAL COMMUNICATIONS FROM THE PUBLIC
No public comments received.
5. APPEAL HEARINGS
5.1 Appeal of Hearing Officer's Decision Re: Petition No. C22230052
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 - Eva Sharp
PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANT - Judith Hernandez
REBUTTAL BY APPELLANT-LANDLORD - Eva Sharp
REBUTTAL BY RESPONDENT-TENANT - Judith Hernandez
MOTION: M/S - Brown/Cox - To accept the Tentative Appeal Decision regarding Petition No. 22230052 in its
entirety.
City of Mountain View Page 1
Rental Housing Committee ACTION SUMMARY 12/18/2023
Yes: 5- Member Brown, Member Cox, Member Ma, Vice Chair Rosas, and Chair Keating
6. NEW BUSINESS
6.1 Draft Regulations Chapter 13, Utility Charges Regulations, Clarifying Rent and the Treatment of Utilities in the
CSFRA and Ratio Utilities Billing Systems
Nazanin Salehi, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Anil Babbar
Philip Cosby
Reyna Dominguez
Sandrita Esparza
Steve Welter
Amber
Jeff Zell
Malia
The RHC conducted a straw poll on the following items:
1. Carries 6 - 0 in favor of using the Common Area Deduction percentage as recommended with the option
for the landlord to submit evidence for a lesser Common Area Deduction percentage.
2. Carries 5 - 1 in favor of using a Common Area Deduction of 20% flat rate with the option for the landlord
to rebut.
3. Carried 6 - 0 in favor of having a rebuttable presumption of 20% for the Common Area Deduction.
Landlords can rebut the 20% presumption by providing evidence that they should receive up to a 5%
reduction in each of the following categories: pool, landscaping, and laundry facilities.
City of Mountain View Page 2
Rental Housing Committee ACTION SUMMARY 12/18/2023
MOTION: M/S - Ma/Brown - To adopt CSFRA Regulations Chapter 13 Utility Charges, as provided, with the
following modifications:
- Section A(2) should be modified to read, "Upon adoption of these Regulations by the Committee, and in
accordance with the schedule below, Landlords of Covered Rental Units are prohibited from using a Ratio
Utility Billing System (RUBS) (or any similar system or methodology that is not based on a Tenant’s actual
usage) to allocate Utility Charges to their Tenants."
- Section A(2)(b) should be modified to read, "At the commencement of such Tenancy, the Landlord, in the
Rental Housing Agreement, shall indicate the fixed dollar amount of the initial Rent and specify which Utility
Charges and any Housing Services that have a discernible fee associated with them, are included in the
initial Rent (such as water, garbage, sewer, parking or pet rent)."
- The straw poll outcome shall be incorporated in Section B(2)(ii) and B(2)(iii), as follows:
ii. Common Area Utility Charge Deductions The common area deduction for all properties shall be
presumed to be twenty percent (20%). However, a Landlord may rebut the presumption of a twenty percent
(20%) common area deduction by demonstrating that the common area deduction should be reduced for
good cause (e.g., there is no pool or laundry facilities on the property) or special circumstances.
iii. The Landlord shall claim any reduction to the common area deduction on their Utility Adjustment
Petition form and provide documentation to support the reduction with their Petition packet. Staff shall
determine whether the Landlord is entitled to a reduction of the common area deduction.. However, in no
case may Staff approve a total reduction greater than fifteen percent (15%) and in no case may Staff award
a reduction greater in any category that exceeds the following percentages:
• Pool facilities: 5%
• Landscaping: 5%
• Laundry facilities: 5%
Yes: 5- Member Brown, Member Cox, Member Ma, Vice Chair Rosas, and Chair Keating
7. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS
7.1 Upcoming Workshops and Housing and Eviction Help Center Dates
Analyst Kennedy presented a report and responded to questions.
8. ADJOURNMENT - At 11:00 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held
on Thursday, January 25, 2024 at 7:00 p.m. in the Council Chambers and Video Conference.
City of Mountain View Page 3
Agenda
City of Mountain View
Agenda
Rental Housing Committee
Monday, December 18, 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, and
Alexander Brown.
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 November 13, 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, November 13,2023
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
City of Mountain View Page 1 Printed on 3/28/2024
Rental Housing Committee Agenda December 18, 2023
5.1 Appeal of Hearing Officer's Decision Re: Petition No. C22230052
Recommendation:
To 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 to support the changes.
Attachments: Staff Report
ATT 1 - Tentative Appeal Decision for Petition No.C22230052 (December 10, 2023)
ATT 2 - Decision of Hearing Officer (October 10, 2023)
ATT 3 - Appellant-Landlord Appeal of Decision (October 25, 2023)
6. NEW BUSINESS
6.1 Draft Regulations Chapter 13, Utility Charges Regulations, Clarifying Rent and the
Treatment of Utilities in the CSFRA and Ratio Utilities Billing Systems
Recommendation:
To adopt CSFRA Regulations Chapter 13, Utility Charges, as provided in Attachment 1,
to:
1. Clarify that all rental charges, directly or indirectly charged by landlords, 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.
2. Provide a one-time Utility Adjustment Petition process that:
a. Allows landlords, currently using RUBS or similarly calculated and billed utility
charges, to transition from separately charged utilities to including utility costs in the
rental amount, thereby bringing rental properties into compliance with the CSFRA.
b. Establishes the process for submissions and review of Utility Adjustment Petitions.
Attachments: Staff Report
ATT 1 - Resolution to Adopt Chapter 13 of CSFRA Regulations Utility Charges Regulations
ATT 2 - Rental Housing Committee Memo, January 31, 2023
ATT 3 - Rental Housing Committee Memo, August 21, 2023
ATT 4 - Rental Housing Committee Memo, October 16, 2023
ATT 5 - 2024 Santa Clara County Housing Authority Utility Allowances
7. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS
No action will be taken on any questions raised by the Committee at this time.
7.1 Upcoming Workshops and Housing and Eviction Help Center Dates
City of Mountain View Page 2 Printed on 3/28/2024
Rental Housing Committee Agenda December 18, 2023
8. ADJOURNMENT - At 11:00 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held on
Thursday, January 25, 2024 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.
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 3 Printed on 3/28/2024
Get email alerts for Mountain View
A daily email when new agendas and minutes are posted.