RENT STABILIZATION BOARD
Special Meeting Minutes

Thursday, May 28, 2009, 7 PM

APPROVED

1. Roll call.  – Chair Stephens called roll at 7:14 p.m.  Pam Wyche called roll.

Commissioners present:  Blake (7:24 pm), Drake, Harrison, Shelton, Townley, Tregub, Webster, Stephens
Commissioners absent: Harrison
Staff present:  Kelekian, Morgan, Tine, Wyche

2. Approval of agenda .  M/S/C (Chong/Townley) APPROVED MOVING INFORMATION ITEM 6.a.(2) WEBMETHODS REVIEW TO ACTION ITEM.  Voice vote. 7-0-0-2 Absent: Blake, Harrison.

3. Public forum.   There were two speakers:  Barbara Tengeri regarding 1600 Woolsey, and Marcia Levenson in support of approving the contract extensions with EBCLC and EDC.

4. Approval of May 4, 2009 special meeting minutes .   M/S/C (Drake/Tregub) APPROVED.  Voice vote.  Passed: 7-0-1-1  Abstain: Chong; Absent: Harrison.

5.  Action Items

  a.  From Board Members, Executive Director and Committees.

  (1)   Recommendation to adopt a resolution to extend the contract with Berkeley Community Media for FY 2009/2010 and to increase the contract in an amount not to exceed $19,000 in the 2009/2010 fiscal year.

 (2)  Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with KPFA for FY 2009/2010 and to increase the contract in an amount not to exceed $2,100 during the 2009/2010 fiscal year for live radio broadcasts of Board meetings.  


 (3)  Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Teri Darrenougue for Fiscal Year 2009/2010 in the amount not to exceed $10,000 to provide closed captioning services of televised Board meetings

 (4)  Recommendation to adopt a resolution to extend the contract with Quartet Systems for the 2009/2010 Fiscal Year

 (5)  Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Berkeley Unified School District for Fiscal Year 2009/2010 in the amount not to exceed $2,000, as rent for space to conduct Rent Board meetings. M/S/C (Townley/Tregub) THAT STAFF CONTACT BUSD TO NEGOTIATE A MORE FAILSAFE WIRELESS SYSTEM TO BE UP AND RUNNING IN THE COUNCIL CHAMBERS DURING ALL FUTURE BOARD MEETINGS. 
Voice vote. Passed:  8-0-0-1  Absent: Harrison.

  (6)  Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Inkworks Press for FY 2009/2010 in an amount not to exceed $40,000 for publication of newsletters and other printed educational material

  (7)  Recommendation to adopt resolutions authorizing the Executive Director to extend the contracts with the East Bay Community Law Center (EBCLC) and Eviction Defense Center (EDC) for FY 2009/2010 and to increase each contract in the amount not to exceed $112,000 in the 2009/2010 fiscal year. 
    
  (8)  Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Legislative Advocate Christine Minnehan & Associates for FY2009/2010 and to increase the contract in an amount not to exceed $45,000 in the 2009/2010 fiscal year.

M/S/C (Drake/Tregub) TO APPROVE ALL CONTRACT AND PURCHASE ORDER RESOLUTIONS AS RECOMMENDED IN ITEMS 5.a.(1) THROUGH 5.a.(8).  Roll call vote. Yes:  Blake, Chong, Drake, Shelton, Townley, Tregub, Webster, Stephens; No: None; Abstain: None; Absent: Harrison.  Passed: 8-0-0-1.

  (9)  Proposed revision to Regulation 883 concerning administrative penalty waivers. M/S/C (Townley/Tregub) TO APPROVE STAFF RECOMMENDATION AS WRITTEN.  Roll call vote.  Yes: Blake, Shelton, Townley, Tregub, Stephens; No: Chong, Webster; Abstain: Drake; Absent: Harrison.  Passed: 5-2-1-1.

  (10) Recommendation to establish non-compliance with the Rental Housing Safety Program as a condition for denial of Annual General Adjustments.  Commissioner Chong distributed to the Board a report on his recommendation to establish non-compliance with the Rental Housing Safety Program as a condition for denial of Annual General Adjustments.  M/S/F (Chong/Townley) TO TABLE THE ITEM.  Roll call vote.  Yes: Chong, Townley, Webster; No: Shelton, Stephens; Abstain: Blake Drake, Tregub; Absent: Harrison.  Failed: 3-2-3-1.

  M/S/C (Blake/Townley) TO SEND TO IRA/AGA COMMITTEE FIRST FOR REVIEW.  Roll call vote.  Yes: Blake, Drake, Shelton, Townley, Tregub, Webster, Stephens; No: None; Abstain: Chong; Absent: Harrison.  Passed: 7-0-1-1.

   (11)  Recommendation to establish on a pilot basis for six months a survey account for commissioner use in gathering public input.  Commissioner Chong distributed to the Board a report on his recommendation on this subject.   M/S/C (Blake/Drake) TO REFER TO THE OUTREACH COMMITTEE.  Voice vote.  Passed: 8-0-0-1 Absent: Harrison
  
 (12)  Questions/information related to extracting information from RTS relevant to greening of multi-unit housing policy proposals. Discussion lead by Commissioner Chong.  No action taken.

  (13)  Proposal to have the Rent Board host a workshop for owners on how to prevent or mitigate the impacts of defaults and foreclosures.   Commissioner Tregub distributed a report his proposed resolution to authorize the Berkeley Rent Stabilization Board to sponsor and host a Berkeley foreclosure workshop no later than September 15, 2009. 
 
 M/S/C (Tregub/Townley) TO ADOPT THE RESOLUTION AS AMENDED, CHANGING THE REFERENCE TO THE RENT BOARD BEING A HOST TO CO SPONSOR AND ELIMINATING THE SEPTEMBER 15, 2009 DEADLINE.   Friendly amendment by Chong and accepted, TO REPLACE THE FINAL WHEREAS IN THE RESOLUTION TO READ AS FOLLOWS: 
 NOW, THEREFORE BE IT RESOLVED THAT THE CITY OF BERKELEY RENT STABILIZATION BOARD SHALL AUTHORIZE THE OUTREACH COMMITTEE TO COMMIT THE RENT STABILIZATION BOARD TO CO SPONSOR A WORKSHOP ON FORECLOSURES IN BERKELEY CONTINGENT ON THE FOLLOWING:  (1) FINDING ONE OTHER CO SPONSOR, (2) THAT NO RENT BOARD EXPENDITURES BE PROVIDED, AND (3) THAT A PRIMARY HOST BE FOUND.   Roll call vote.  Yes: Blake, Chong, Drake, Shelton, Townley, Tregub, Webster, Stephens; No: None; Abstain: None; Absent: Harrison.  Passed: 8-0-0-1

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

       Ministerial Waivers

Waiver No.    Property Address
3752               454 Vassar Avenue
3755               1331 Bonita Avenue        

       Discretionary Waivers

Waiver No.    Property Address
3751               2722 Durant Avenue
3753               2922 Dohr Street
3754               1217 Haskell Street
3756               1329 – 66th Street

M/S/C (Drake/Tregub) TO APPROVE THE TWO MINISTERIAL WAIVERS AND CONTINUE THE DISCRETIONARY WAIVERS UNTIL THE NEXT BOARD MEETING IN JUNE.  Voice vote.  7-1-0-1  No: Blake; Absent: Harrison

6.    Information and Announcements
   
a. Reports from Board Members/Staff.

 (1) Update on Tenant’s Survey.  Executive Director informed the Board that the second final reminder went out to the pool of people in the tenant survey and 740 responses have been received out of 1900 and more are expected.

(2) Update on WebMethods RTS review.  Moved to Action Item.  M/S/C (Townley/Drake) Refer to Budget and Personnel Committee for further review.  Voice vote.  Passed: 8-0-0-1 Absent: Harrison.

(3) May 5, 2009 communication from Commissioner Chong concerning WebMethods review of RTS database.  Moved to Action Item. M/S/C (Drake/Tregub) TO AUTHORIZE COMMISSIONER CHONG TO COMMUNICATE HIS QUESTIONS AND CONCERNS REGARDING THE WEBMETHODS REVIEW TO THE BUDGET AND PERSONNEL COMMITTEE FOR RESPONSE.  Voice vote.  Passed: 8-0-0-1 Absent: Harrison.

(4) Annual Registration Mailing.  Sample copies of documents mailed to landlords included in agenda packet and self-explanatory.

(5) May 12th memorandum to Mayor Bates and the City Council with Rent Board recommendations regarding proposed increase in Rental Housing Safety Program fees.  Attached to agenda packet and self-explanatory.

(6) Announcement of May 27, 2009 Berkeley Housing Element Workshop.  Executive Director said he and RSB staff are meeting with the City Planning Division early next week.  

(7) May 21, 2009 article from Tenants Together by Dean Preston titled Obama Signs New Federal Law Protecting Renters after Foreclosure.  Submitted by Commissioner Tregub and self-explanatory.

b.     Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel – To be scheduled.

(2) Outreach – Met May 28th before the Board meeting.

(3)  IRA/AGA and Habitability –  Monday, June 1st at 4 p.m.

(3) Eviction/Section 8/Foreclosures – To be scheduled.

(4) 4x4 City Council/RSB Housing Committee –  Wednesday, June 10th at 1:30 p.m.

(5) Safe and Sustainable Housing – Monday, June 1st at 6:30 p.m. (tentative)

(6) Future Special Meetings

c. Discussion of items for possible placement on future agenda.  Request for a comparable study of waiver procedures by other rent control cities for review by Ad Hoc Committee on Waivers.

7.  Adjournment    (Webster/Shelton)  Chair adjourned at 10:15 p.m.