RENT STABILIZATION BOARD
Special Meeting Minutes

Monday, May 4, 2009, 7 PM

UNAPPROVED

Video Archive
(1 hr, 50 mins)

1. Roll call.  – Chair Stephens called roll at 7:11 p.m.  Pam Wyche called roll.

Commissioners present:  Blake, Drake, Harrison, Shelton, Townley, Tregub, Stephens
Commissioners absent:   Chong, Webster
Staff present:  Kelekian, Tine, Tran, Wyche

2. Approval of agenda .  M/S/C (Harrison/Tregub) APPROVED.  Voice vote.  Passed: 7-0-0-2 Absent: Chong, Webster.

3. Public forum.   There were three speakers:  Marcy Ciddio, property owner in opposition of a fee increase; Taylor Smith regarding his request for waiver reconsideration on Waiver No. 3748 property at 2421 Prospect; and Jesse Townley in his capacity as a member of the Disaster Fire and Safety Commission announced the next meeting on Phase 2 of the Soft Story Program Thursday, May 14th at 5:30 p.m. at the City’s Permit Center on Milvia Street.

4. Approval of April 20, 2009 regular meeting minutes.    M/S/C (Blake/Harrison) APPROVED.  Voice vote.  Passed: 7-0-0-2  Absent: Chong, Webster.

M/S/C (Harrison/Tregub)  TO MOVE ITEMS 6.b. THE WAIVER FOR RECONSIDERATION REQUEST AND ITEM 6.a. BEFORE ITEM NUMBER 5. Voice vote.  Passed:  7-0-0-2  Absent: Chong, Webster.

6.b. Proposal to approve staff recommendation on the following requests for waiver of late registration penalties

Discretionary Waiver Reconsideration Request

Request for reconsideration of Waiver No. 3748 – 2421 Prospect (From April 20th meeting.)

M/S/C (Blake/Drake) MOVE TO RECONSIDER WAIVER NO. 3748.  Voice vote.  Passed: 7-0-0-2 Absent: Chong, Webster.

M/S/C (Tregub/Harrison) WAIVE 75% OF WAIVER NUMBER 3748.  Roll call vote.  Yes: Blake, Drake, Harrison, Shelton, Townley, Tregub; No: Stephens; Abstain: None; Absent: Chong, Webster.  Passed: 6-1-0-2.

6.  Action Item

a.  Proposed resolution authorizing the Executive Director to advise the Planning Department and the Zoning Adjustments Board that the dwelling units at 3240 Sacramento Street are not “controlled rental units” provided that the Executive Director finds that all of the present tenants have reached an agreement to be satisfactorily relocated.  M/S/C (Drake/Harrison) APPROVE RESOLUTION AS WRITTEN.  Roll call vote.  Yes: Drake, Harrison, Shelton, Tregub, Stephens; No: Townley; Abstain: None; Absent: Blake (left 7:58 prior to the vote), Chong, Webster.  Passed: 5-1-0-3.

b. Returned to Waivers

Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.     

Discretionary Waiver Reconsideration Request

Request for reconsideration of Waiver No. 3748 – 2421 Prospect (From April 20th meeting.)

Discretionary Waivers

Waiver No.    Property Address
3732               1802 Cedar Street
3739               2012-16 Parker Street

Commissioner Tregub pulled Waiver 3732 - 1802 Cedar Street.

M/S/C (Townley/Stephens)  TO WAIVE 89% OF WAIVER 3732.  Roll call vote.  Yes:  Drake, Townley, Tregub, Stephens; No: Shelton; Abstain: Harrison; Absent: Blake, Chong, Webster.  Motion failed:  4-1-1-3.

M/S/C (Tregub/Harrison) TO ACCEPT STAFF RECOMMENDATION ON WAIVER 3732.  Voice vote.  Passed: 6-0-0-3 Absent: Blake, Chong, Webster.

M/S/C (Drake/Harrison) TO ACCEPT STAFF RECOMMENDATION ON WAIVER 3739 – 2012-16 PARKER STREET.  Voice vote.  Passed: 6-0-0-3 Absent: Blake, Chong, Webster.

5.  Discussion and possible action regarding the adoption of the Fiscal Year 2009/2010 maximum budget expenditure level, the 2010 annual registration fee and pass through to certain tenants a portion of the fee. (Executive Director and Budget and Personnel Committee Members.)

There were no additional comments from the public. Board members asked questions, commented and discussed the budget, registration fee and proposed pass-through and adopted the following two motions.

M/S/C (Harrison/Drake)  TO ADOPT RESOLUTION 09-03 TO INCREASE THE REGISTRATION FEE BY $24 AND ESTABLISH A 2009/2010 FISCAL YEAR MAXIMUM EXPENDITURE LEVEL OF $3,916,000.  Roll call vote.  Yes:  Drake, Harrison, Shelton, Townley, Tregub, Stephens; No: None; Abstain: None; Absent: Blake, Chong, Webster.  Passed: 6-0-0-3.
  
M/S/C (Harrison/Drake) MOVE TO ADOPT RESOLUTION 09-04 TO PASS THROUGH TO CERTAIN TENANTS A PORTION OF THE 2009 REGISTRATION FEE AS A TEMPORARY GENERAL ADJUSTMENT OF RENT CEILINGS AND HAVE STAFF DEVELOP A MECHANISM THAT ALLOWS LOW-INCOME TENANTS (AT 40% OF AMI) TO BE REIMBURSED FOR ANY PASS-THROUGH.  Roll call vote.  Yes: Drake, Harrison, Shelton, Townley, Tregub, Stephens; No: None; Abstain: None; Absent: Blake, Chong, Webster.  Passed:  6-0-0-3.

  6.   Action items.     From Board Members, Executive Director and Committees

a.  Proposed resolution authorizing the Executive Director to advise the Planning Department and the Zoning Adjustments Board that the dwelling units at 3240 Sacramento Street are not “controlled rental units” provided that the Executive Director finds that all of the present tenants have reached an agreement to be satisfactorily relocated. (Moved before Item No. 5)

b.  Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Moved before Item No. 5.)

c.  Discussion and possible action to reschedule the May 21st regular Board meeting.  M/S/C (Tregub/Townley) TO RESCHEDULE THE REGULAR MAY MEETING FROM THURSDAY, MAY 21ST TO THURSDAY, MAY 28TH AT 7 P.M. LOCATION TO BE DETERMINED.  Voice Vote.  Passed: 6-0-0-3 Absent: Blake, Chong, Webster.

7.  Information and Announcements

a.  Reports from Board Members/Staff.

(1) Update on Webmethods RTS review.  The Executive Director said that he is very excited about the discussions so far and suggested that Boardmembers come in and see the existing system before he brings the final proposal to the full board or the appropriate committee. 

(2) Update on Berkeley Tenants Survey.  The Executive Director said the survey is going great and that 559 responses have been received from the first mailing. 

(3) Spring 2009 newly designed Berkeley Rental News.   Executive Director pointed out the new format.

b.  Announcements of upcoming Committee/Board Meetings.

(1)  Budget and Personnel  - To be scheduled before May 28th Board meeting.

(2)  Outreach – To be scheduled before May 28th Board meeting.

(3)  IRA/AGA and Habitability – Next meeting June 1st.

(4)  Eviction/Section 8/Foreclosure – To be scheduled before May 28th Board meeting.

(5)  4x4 City Council/RSB Housing Committee – Chair Stephens said they met and had discussions regarding the Rent Housing Safety Program, general habitability issues related to that and by extension, energy audits, and looked at ways to actually go in and work with the landlord and incoming tenants after a vacancy to potentially bring everything up to standards and to make it energy efficient.

(6)  Safe & Sustainable Housing  - To be scheduled off line.

(7)  Future Special Meetings – None scheduled.

c. Discussion of items for possible placement on future agenda.  Commissioner Drake, Harrison, Shelton and Tregub requested to be on the Ad Hoc Committee to discuss issues on waivers.

8. Adjournment  (Townley/Drake)  Chair Stephens adjourned at 9:14 p.m.