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Rental Housing Committee

Regular Meeting

Mountain View, CA · December 18, 2023

AgendaMinutes

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

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