RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, June 16, 2008
7 PM

APPROVED

Video Archive

1. Roll Call – Chair Arreguin called the Closed session meeting to order at 6:10PM.  Pam Wyche called roll.

Commissioners present:  Blake, Calfee, Chong, Overman, Stephens, Webster, Walden, Arreguin
Commissioners absent:  Harrison

Chair Arreguin called the regular meeting to order at 7:11 PM. Pam Wyche called roll.

Commissioners present:  Blake, Calfee, Chong, Overman, Stephens, Walden, Webster, Arreguin
Commissioners absent:  Harrison

2.  Closed Session pursuant to Government Code section 54957  - 6 PM

a.  PUBLIC EMPLOYEE PERFORMANCE EVALUATION.
      Title:  Executive Director

No action was taken. 

Closed Session pursuant to Government Code section 54957.6

a. EMPLOYMENT CONTRACT NEGOTIATIONS
    Title:  Executive Director

The Board voted unanimously to appoint Commissioner Lisa Stephens as its negotiator and Jack Harrison as a participant with Corie Calfee as an alternate. Passed:  8-0-0-1 Absent: Harrison.

b. CONFERENCE WITH LABOR NEGOTIATOR
      Board Negotiator:  Jay Kelekian  
  
  No action was taken.

3.  Approval of Agenda  M/S/C (Stephens/Webster) APPROVED AFTER REMOVING APPEAL NO. T-4848, IN RESPONSE TO RESPONDENT’S REQUEST TO A CONTINUANCE TO THE NEXT REGULAR MEETING.  Voice vote.  Passed: 8-0-0-1 Absent:  Harrison.

4.  Public Forum  There were three speakers:  (1)  Paul Barker, a Berkeley tenant, concerned about high rent increases, (2) Marcia Levenson, Berkeley resident, on condominium conversion costs, and (3)  Michael St. John, landlord and landlord representative, waited to speak on the condominium conversion issue during the time the item was discussed by the Board.

5.  Approval of May 12, 2008 regular meeting minutes .  M/S/C (Stephens/Webster)  APPROVED WITH THE FOLLOWING CORRECTIONS:  PAGE 4 WAIVERS, SECOND MOTION INCLUDE ARREGUIN AS A NO VOTE; PAGE 2 ITEM ON SECURITY DEPOSITS MOTION WAS TO DIRECT STAFF TO PLACE THE FIRST READING OF THE CHANGES TO THOSE REGULATIONS ON THE NEXT BOARD AGENDA.  Roll call vote.  Yes:  Blake, Calfee, Chong, Stephens, Walden, Webster, Arreguin; No: None; Abstain: Overman; Absent: Harrison.  Passed: 7-0-1-1. 

6. Appeal Time Certain – 7:15 p.m.

a.  Appeal T-4848 – 2533 Milvia Street.  (Continued to July 21st meeting.) 

b.  Appeal RWN-1456.  M/S/C (Chong/Stephens) TO AFFIRM HEARING EXAMINER’S DECISION.  Roll call vote.  Yes: Blake, Calfee, Chong, Stephens, Arreguin; No: Overman, Webster; Abstain: Walden; Absent: Harrison.  Passed: 5-2-1-1.

Chair moved Item 7.a. & 7.b. to the end of the action items.

8.    Action Items

a. From Board Members, Executive Director and Committees

(1) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with Inkworks Printing. [PDF file requires Adobe Acrobat Reader.] (Executive Director)

(2) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with KPFA. [PDF file requires Adobe Acrobat Reader.] (Executive Director)

(3) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with Teri Darrenougue to continue to provide closed captioning services[PDF file requires Adobe Acrobat Reader.] (Executive Director)

(4) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with Berkeley Unified School District for rental of the Council Chambers for monthly Rent Board meetings. [PDF file requires Adobe Acrobat Reader.] 

Items 8.a.(1) through 8.a.(4) combined motion:  M/S/C (Chong/Overman) TO ADOPT ALL RESOLUTIONS AS WRITTEN.  Voice vote.  Passed: 8-0-0-1
Absent: Harrison.

(5) Recommendation to adopt at first reading proposed amendments to Regulations 701 [Security Deposits] and 702 [Payment of Interest on Security Deposits], which will allow landlords who verify that a tenant’s security deposit has been held in an account at a bank located in Berkeley to return interest at the rate equal to the average of the interest rates offered by Berkeley banks for six-month CDs.  [PDF file requires Adobe Acrobat Reader.] 

M/S/C (Stephens/Overman) REFER BACK TO IRA/AGA/HABITABILITY COMMITTEE TO REVIEW LANGUAGE IN REGULATION 702 SECTION (C).  Commissioner Blake suggested that language is missing under which circumstances verification would be required and suggested reversing the order of the last two sentences in the section to better clarify the two interest rates discussed.Voice vote.  Passed: 8-0-0-1.  Absent:  Harrison.

(6) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)

Discretionary Waivers

Waiver No.     Property Address
3579                2625 – 2627 Regent (Continued from May 12th meeting)
3586                1165 Sutter Street

Both waivers were pulled for discussion.

M/S (Overman/Blake) TO WAIVE 75% OF THE PENALTY ON WAIVER 3579.  Substitute motion (Chong/Stephens) TO AFFIRM STAFF RECOMMENDATION TO WAIVE 90% ON WAIVER 3579.  Roll call vote. Yes: Calfee, Chong, Stephens, Walden, Webster; No: Blake, Overman, Arreguin; Abstain: None; Absent: Harrison.  Passed:  5-3-0-1.

M/S/C (Chong/Overman) AFFIRM STAFF RECOMMENDATION ON WAIVER 3586.  Roll call vote.  Yes: Blake, Calfee, Chong, Overman, Stephens, Walden, Webster; No: Arreguin; Abstain: None; Absent: Harrison.   Passed: 7-1-0-1

7. Discussion and adoption of the Fiscal Year 2008/2009 Budget. [PDF file requires Adobe Acrobat Reader.] 

a. Public testimony on the 2008/2009 Fiscal Year budget.  None.

b. Discussion and adoption of the Fiscal year 2008/2009 budget and staffing model.

M/S/C (Blake/Overman) TO ADOPT THE RESOLUTION AS WRITTEN, SETTING THE BUDGET EXPENDITURE LEVEL TO $3,517,000 AND A STAFFING LEVEL OF 19.3 FULL-TIME EQUIVALENTS, AND TO PLACE DISCUSSION OF BUDGET ON THE OCTOBER REGULAR MEETING AGENDA IN ORDER TO REVISIT POSSIBLE CHANGES TO STAFFING, AFTER THE UNION NEGOTIATIONS HAVE BEEN FINALIZED.  Voice vote.  Passed: 8-0-0-1  Absent: Harrison.

 9.    Information and Announcements

a. Reports from Board Members/Staff.

(1) Update on Condominium Conversion Ordinance revisions and implementation[PDF file requires Adobe Acrobat Reader.] Presentations were given by:  Tim Stroshane, Senior Planner in the Housing Department and Steve Barton, Principal Planner at the Rent Stabilization Program.  Written reports were attached to the agenda and are available for viewing on the Rent Board website as attachments to the June 16th meeting agenda. 

(2) June election results.   Boardmembers thanked the public for taking the time to understand the adverse affect Proposition 98 would have had on affordable housing by overwhelmingly defeating 98 and voting in Proposition 99.  They also thanked the many organized grass-roots level groups across the state and active local groups of tenants and campaign leaders such as Sharon Maldonado, a former Rent Board Commissioner, who helped pull volunteers together to get the message out.   

(3)Annual registration mailing to property owners. Attached to the agenda and self-explanatory.

(4) Rent/mortgage payment assistance flier.  Attached to the agenda and self-explanatory. 

b. Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel  - No meeting scheduled.

a.  Meeting of June 9th canceled – no quorum.

(2) Outreach -  To be scheduled off line.

(3) IRA/AGA and Habitability  - Next meeting Monday, June 30th at 4 p.m.

(4) Eviction/Section 8 – To be scheduled off line.

(5) 4x4 City Council/RSB Housing Committee – No meeting scheduled.

(6) Ad Hoc Committee on Soft Story Ordinance – No meeting scheduled.

(7) Ad Hoc Committee on Condominium Conversion Ordinance – To schedule off line.

(8) Future Special Meetings – None at this time.

 c. Discussion of items for possible placement on future agenda.

10.    Adjournment   10:41 P.M.    M/S/C (Stephens/Walden) Commissioner Stephens moved to adjourn in memory of Louise Marquis, a long time Berkeley activist.