RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, October 20, 2008
7 PM

APPROVED

Video Archive

1. Roll Call  - Chair Arreguin called the meeting to order at 7:04 PM.  Pam Wyche called roll.

Commissioners present:  Blake (arrived 7:29), Calfee, Chong, Harrison, Overman, Stephens, Webster and Arreguin.

Commissioners absent:  Walden

2. Approval of Agenda M/S/C (Overman/Harrison) APPROVE AGENDA AS WRITTEN.   Voice vote.  Passed: 7-0-0-2  Absent: Blake, Walden.

3. Public Forum  There were two speakers, Paul Barker and Barbara C. Grant Tengeri.

4.  Approval of September 15, 2008 regular meeting minutes.   M/S/C (Stephens/Harrison) APPROVED WITH CORRECTION TO ITEM #4, SHOULD READ “Approval of August 18, 2008 regular meeting minutes.”  Voice vote. 7-0-0-2. Absent:  Blake, Walden.
    
6.a.  Action Items  (Items taken out of order to allow for appeal time certain at 7:15.)

(1)  Adoption of the 2009 Annual General Adjustment (AGA) Order, Regulation 1130. M/S/C (Stephens/Calfee) TO ADOPT THE RESOLUTION CONFIRMING THAT THE 2009 ANNUAL GENERAL ADJUSTMENT RENT CEILING IS INCREASED BY 2.7% AND ORDERING THAT THE 2009 AGA BE PUBLISHED AS REGULATION 1131.  Voice vote.  Yes: Calfee, Chong, Harrison, Overman, Stephens, Webster, Arreguin, No: None; Abstain: None; Absent: Blake, Walden.  Passed: 7-0-0-2. 

(2)   Proposal that the Board pass a resolution ratifying a new four year Memorandum Agreement with Service Employees International Union Local 1021 Community Services Chapter with the term of June 29, 2008 through June 23, 2012, as negotiated by the City. (Executive Director)

(3)  Proposal that the Board pass a resolution ratifying a new four year Memorandum Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters for the term June 29, 2008 through June 23, 2012, as negotiated by the City. (Executive Director)

(4) Proposal that the Board pass a resolution ratifying the City’s cost of living adjustments for unrepresented employees in Units Z-2, Z-3, Z-4, Z-6 and X-1 for the period September 7, 2008 through June 23, 2012, which includes modification of the unrepresented employee retiree medical plan, a longevity pay differential of 3% at 25 years of service effective June 28, 2009, and the elimination of employee vacation buy back.  (Executive Director)

M/S/C (Calfee/Stephens) TO ADOPT THE PROPOSALS THAT THE BOARD PASS RESOLUTIONS RATIFYING NEW FOUR-YEAR MEMORANDUM AGREEMENTS WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 COMMUNITY SERVICES CHAPTER AND MAINTENANCE AND CLERICAL CHAPTERS FOR THE TERM OF JUNE 29, 2008 THROUGH JUNE 23, 2012; AND ADOPT A RESOLUTION TO RATIFY THE Z-4, Z-6 AND X-1 UNREPRESENTED EMPLOYEES COST OF LIVING AND BENEFIT CHANGES   FOR THE PERIOD JUNE 7, 2008 THROUGH JUNE 23, 2012.  Voice vote.  Passed: 7-0-0-2  Absent: Blake, Walden.

5.a.  Appeal Time Certain – 7:15 p.m.

Chair Arreguin turned the meeting over to Vice-Chair Harrison.

Appeal T-4915 – 1233 Channing Way.    M/S/C (Stephens/Overman) TO AFFIRM THE HEARING EXAMINER’S DECISION.  Roll call vote.  Yes: Blake, Chong, Harrison, Overman, Stephens, Webster; No: None; Abstain: Calfee; Absent: Walden, Arreguin.  Passed: 6-0-1-2.

Returned to last Action Item

6.a.(5)  Proposed amendments to the Condominium Conversion Ordinance. (Ad Hoc Committee on Condominium Conversion Ordinance and Executive Director)  M/S/C (Chong/Blake)  TO AUTHORIZE THE EXECUTIVE DIRECTOR TO RECOMMEND TO THE MAYOR AND COUNCIL THE PROPOSED AMENDMENTS TO THE CONDOMINIUM CONVERSION ORDINANCE WITH THE REVISED LANGUAGE.  Roll call vote.  Yes: Blake, Calfee, Chong, Harrison, Overman, Stephens, Webster; No: None; Abstain: None; Absent: Arreguin, Walden.  Passed: 7-0-0-2.

7.a.  Information and Announcements

(1) Final report providing a peer review and evaluation of the City of East Palo Alto Rent Stabilization Program by Berkeley Rent Stabilization Program staff. The Executive Director said that the report has been presented to the East Palo Alto Rent Board and the City Council and that he and his staff would still be available to answer additional questions or go before the body at their request.

(2) Notice of new method for calculating interest on tenant security deposits. The Executive Director informed the Board that the information provided in the Board packet will be placed on the Rent Board website to explain the new method for calculating interest on tenant security deposits, as an outreach to property owners. He also informed the Board that the lawful rent ceiling mailing to owners and tenants is in the process of being mailed. 

(3) Update on proposed changes to the Condominium Conversion Ordinance.  Executive Director covered this in Item 6.a.(5) above.

(4) AB1333 Veto and work with EBMUD to mitigate impact on tenants in foreclosed buildings.  The Executive Director explained that since AB1333 passed legislature, but was vetoed by the governor, he and his staff have been working with EBMUD to minimize the negative impact on tenants. They are working together on notices to tenants informing them of the foreclosure and listing ways in which to avoid non-termination of services. 

(5) Update on letters to tenants in buildings with pending foreclosure action.  Executive Director covered this in discussion of Item 7.a.(4) above.

(6) Information report on City’s compensation package for employees in Representation Unit Z-1, “At-will” unrepresented employees, for the period June 29, 2009 through June 23, 2012.  Executive Director distributed the information report on the City’s compensation package for Z-1 employees, which includes department heads, and explained that there is no need for action, as with the other compensation packages, because the Board already approved cost of living increases and terms by a recently signed extended contract with the Executive Director, which includes a package similar to what the City negotiated with other Z-1 employees. 

(7) September 30, 2008, Daily Cal Housing News Article by Carol Yur titled After State Bill Veto, Tenants Face Possible Water Shut-Off.  (Executive Director) Self-explanatory.

(8) October 3, 2008, Daily Cal Opinion Editorial by Senior Editorial Board titled Hung Out to Dry—Utility Policy Should Prevent Water shut-Off for East Bay Tenants Regardless Their Landlords’ Actions.  (Executive Director)  Self-explanatory.

 

(9) October 6, 2008, Daily Cal Housing News Article by Carol Yur titled Foreclosure Crisis Hits Many Local Residents.  (Executive Director) Self-explanatory.

(10) October 10, 2008, Daily Cal Housing News Article by Carol Yur titled Governor Cuts Program for Disadvantaged Renters.  (Executive Director) Self-explanatory.

(11) October 14, 2008, Daily Cal Opinion Editorial by Senior Editorial Board titled Unaffordable Cut.  (Executive Director) Self-explanatory.
 
7. b.  Announcements of upcoming Committee/Board Meetings.  Budget and Personnel to be scheduled off line.  No other meetings scheduled.

(1) Budget and Personnel – To be scheduled off line.

(2) Outreach

(3) IRA/AGA and Habitability

(4) Eviction/Section 8

(5) 4x4 City Council/RSB Housing Committee

(6) Ad Hoc Committee on Soft Story Ordinance

(7) Ad Hoc Committee on Condominium Conversion Ordinance

(8) Future Special Meetings

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

8.    Adjournment   M/S/C (Stephens/Calfee) Vice-Chair Harrison adjourned at 8:40 p.m.