RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, July 19, 2010

7 PM

APPROVED

Video Archive 
(1 hr, 40 mins)


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1. Roll Call – Chair Stephens called the meeting to order at 7:09 p.m.  Jacquelyn Morgan called roll.

Commissioners present:  Blake (7:15), Drake, Harr, Shelton, Townley, Tregub, Webster (7:12), Stephens
Commissioners absent:  Chong
Staff present:  Barton, Brown, Kelekian, Morgan, Mueller 

2. Approval of Agenda  M/S/C (Tregub/Townley) APPROVED WITH ONE CHANGE:  MOVE ITEM 7.a.(1) TO COME AFTER APPROVAL OF THE MINUTES AND BEFORE THE APPEAL.
Voice vote.  Passed:  6-0-0-3.  Absent:  Blake, Chong, Webster.

3. Public Forum – There were three speakers:  Laurie Nakaso regarding Waiver No. 3830; Marcia Levenson read from a San Francisco Chronicle article on landlords; and Paul Barker regarding his good landlord. 

4. Approval of June 21, 2010 Regular Meeting minutes M/S/C  (Drake/Webster)  APPROVED WITH ONE CORRECTION:  IN THE SECOND MOTION FOR WAIVER NO. 3853, CHANGE THE INCORRECT WAIVER NUMBER FROM 3852 TO 3853.  Voice vote.  Passed:  8-0-0-1.  Absent:  Chong.   

7.a.(1)  Memorandum regarding staffing changes  Chair Stephens welcomed Dr. Stephen Barton as the new Deputy Director for the Rent Stabilization Program.  Dr. Barton expressed his regard for the Board’s work and said he is very happy to be a part of the team.  The Executive Director then spoke briefly about recent staffing changes, including the extensive selection process for the Deputy Director position and some of the issues and projects that Dr. Barton will undertake in his new role, as well as Pam Wyche’s new schedule and the status of the Administrative Staff Assistant position. 

5. Appeal Time Certain – 7:15 p.m.

Appeal T-5093 (1915 ½ Addison Street, Unit #103)  M/S/C  (Webster/Drake) UPHOLD THE HEARING EXAMINER’S DECISION.  Roll call vote.  YES:  Blake, Drake, Harr, Shelton, Townley, Tregub, Webster, Stephens.  NO:  None.  ABSTAIN:  None.  ABSENT:  Chong. 
Passed:  8-0-0-1.
         
After discussion, the Board agreed in principle that the Appeal Request Form should be revised to include more clearly instructive language regarding what type of information a potential appellant should provide to substantiate their claim on appeal.  Chair Stephens referred this to legal staff to propose new language and report back to the Board.  

6.  Action Items

a.  From Board Members, Executive Director and Committees 

(1) Proposal to authorize the deferral of implementation of the Executive Director’s 2.5% Cost of Living Adjustment (COLA) scheduled to take effect on June 27, 2010, until December 26, 2010, as a cost-savings measure After several Commissioners thanked the Executive Director for offering this proposal and setting a great example, the Board took the following action:  

M/S/C  (Drake/Tregub)  ADOPT RESOLUTION AUTHORIZING THE DEFERRAL OF IMPLEMENTATION OF THE EXECUTIVE DIRECTOR’S 2.5% COST OF LIVING ADJUSTMENT (COLA) SCHEDULED TO TAKE EFFECT JUNE 27, 2010, UNTIL DECEMBER 26, 2010, AS A COST-SAVINGS MEASURE.
Voice vote.  Passed:  8-0-0-1.  Absent:  Chong.

Commissioner Tregub suggested moving on to Item 6.a.(3), in consideration of a speaker waiting for this item, and giving his presentation for Item 6.a.(2) following the Waiver discussion.  Chair Stephens agreed with no objections.

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

Ministerial Waivers

Waiver No.    Property Address
3856               3217 Adeline Street
3857               2609 McGee Avenue

Discretionary Waivers

Waiver No.    Property Address
3830*             1501 Virginia Street/1685 Sacramento Street 
3835              1817 Fairview Street
  
*Continued and revised from June 6, 2010 meeting.

Commissioner Townley pulled Waiver No. 3830 for discussion.

M/S/C  (Drake/Shelton)  ACCEPT STAFF RECOMMENDATION FOR WAIVER NUMBER 3835.  Voice vote.  Passed:  8-0-0-1.  Absent:  Chong.

Substitute motion:  M/S/F  (Blake/Drake)  UPHOLD THE STAFF RECOMMENDATION FOR WAIVER NUMBER 3830.  Roll call vote.  YES:  Blake, Drake, Harr.  NO:  Shelton, Townley, Webster.  ABSTAIN:  Tregub, Stephens.  ABSENT:  Chong.  Failed:  3-3-2-1.

Main motion:  M/S/F  (Townley/Shelton)  MODIFY STAFF’S RECOMMENDATION AND  IMPOSE A PENALTY OF $388 FOR WAIVER NUMBER 3830.  Roll call vote.  YES:  Shelton, Townley, Webster, Stephens.  NO:  Blake, Drake, Harr, Tregub.  ABSTAIN:  None.  ABSENT:  Chong.  Failed:  4-4-0-1.

M/S/C  (Stephens/Tregub)  REFER WAIVER NUMBER 3830 BACK TO STAFF TO CONSIDER FURTHER DOCUMENTATION TO BE SUBMITTED BY PROPERTY OWNER.  Roll call vote.  YES:  Blake, Shelton, Townley, Tregub, Webster, Stephens.
NO:  None.  ABSTAIN:  Drake, Harr.  ABSENT:  Chong.  Passed:  6-0-2-1.       

 
(2) Discussion and possible action on proposed amendments to the 2010 Outreach Committee Work Plan  Commissioner Tregub presented his recommendations for possible additions to the Outreach Committee’s Work Plan.  Committee Chair Webster updated the Board on the Committee’s activities and addressed some of Commissioner Tregub’s comments.  After further discussion and input from several Commissioners, Chair Stephens suggested that all comments be forwarded to the Outreach Committee for consideration.

7.  Information and Announcements
   
 a.     Reports from Board Members/Staff.
 
(1) Memorandum regarding staffing changes  This item was moved up on the Agenda and discussed prior to the Appeal.

(2) Memorandum to City Council regarding Board recommended revisions to the Rental Housing Safety Program The Executive Director informed the Board that this item went before the City Council and was passed.

(3) Updated Committee Assignments List  Included in packet and self-explanatory. 

(4) August 7th, 2010 presentation to the Berkeley Property Owners Association  The Executive Director noted that this presentation will be held at St. John’s Church.

(5) Improvements to the lobby, reception area and downstairs hearing room Outreach Committee Chair Webster updated the Board on the photographer whose work will be placed in the lobby and reception area announced that the unveiling of his photos will take place just prior to the Outreach Committee meeting at 3:30p.m. on July 23rd.

(6) Copies of letters in support of AB 1800 (Ma), AB 2706 (Lowenthal, Bonnie), and AB 2743 (Nava)  Included in packet and self-explanatory.

b.   Announcements of upcoming Committee/Board Meetings  To be scheduled offline.

(1) Budget and Personnel 

(2) Outreach

a. Approved May 7th meeting minutes

(3) IRA/AGA and Habitability

(4) Eviction/Section 8 – The Executive Director suggested that the Committee meet soon but this will be scheduled offline.

(5)  Safe & Sustainable 

a. Approved April 19th meeting minutes 

b. July 19th meeting agenda.

(6)  4 x 4 City Council/RSB Housing Committee

(7)   Ad Hoc Committee on Waiver Process

a.  Approved June 9th meeting minutes

b.  June 30th meeting agenda

c.  July 21st meeting agenda 

(8)  Future Special Meetings

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

8.    Adjournment  (Tregub/Townley) Meeting was adjourned at 8:48p.m.