RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, February 24, 2011

7 PM

APPROVED

Video Archive
(2 hrs, 32 mins)


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1. Roll call – Chair Stephens called the meeting to order at 7:10 p.m.  Aimee Mueller called the roll.

Commissioners present:  Dodsworth, Drake (left 8:31), Harr (left 9:10), Townley, Tregub, Webster (arrived 7:49), Stephens 
Commissioners absent:  Blake, Shelton
Staff present:  Barton, Brown, Kelekian, Law, Mueller

2.  Approval of Agenda   M/S/C  (Tregub/Harr)  APPROVE AGENDA WITH ONE CHANGE:  HOLD ITEM 7.a.(1) OVER TO THE NEXT MEETING.  Voice vote.  Passed:  6-0-0-3.  Absent:  Blake, Shelton, Webster. 

3.   Public Forum – No speakers.

4. Approval of January 24, 2011 regular meeting minutes  M/S/C  (Harr/Tregub)  APPROVE MINUTES AS WRITTEN.  Voice vote.  Passed:  6-0-0-3.  Absent:  Blake, Shelton, Webster. 

Item 6.a.(1) was then taken out of order to adhere to the Appeal Time Certain of 7:30 p.m.


6.   Action Items

a.   From Board Members, Executive Director and Committees

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

            Ministerial Waivers
Waiver No.         Property Address

3894                    1815 Addison Street

   Discretionary Waivers
Waiver No.          Property Address

  3867                   1192 Carrison Street
  3871                   2520-2522 – 10th Street
  3891                   1211 Parker Street
  3892                   2011 – 8th Street
  3893                   1600 Kains Avenue
  3898                   1616 Allston Way
  3905                   3025 Shattuck Avenue

Commissioners Harr and Townley pulled Waiver Nos. 3867, 3898 and 3905 for discussion.

M/S/C  (Townley/Harr)  APPROVE STAFF RECOMMENDATION FOR WAIVER NUMBERS 3871, 3891, 3892 AND 3893.  Voice vote.  Passed:  6-0-0-3.  Absent:  Blake, Shelton, Webster.

Substitute motion:  M/S/F  (Drake/Tregub)  UPHOLD STAFF RECOMMENDATION FOR WAIVER NUMBERS 3867, 3898 AND 3905 AND ASK THE AD HOC COMMITTEE ON WAIVERS TO REPORT BACK TO THE FULL BOARD ON OPTIONS FOR RECOVERING FEES AND PENALTIES FROM THE FORMER OWNERS OF FORECLOSED PROPERTIES.   Roll call vote.  YES: Drake, Tregub;  NO: Harr, Townley, Stephens;  ABSTAIN:  Dodsworth;  ABSENT: Blake, Shelton, Webster.  Failed:  2-3-1-3. 

Main motion:  M/S/F  (Harr/Stephens)  APPROVE STAFF’S RECOMMENDATION TO IMPOSE A 20% (TWENTY PERCENT) PENALTY AGAINST THE CURRENT OWNERS FOR WAIVER NUMBERS 3867, 3898 AND 3905 AND ASK STAFF TO ATTEMPT TO COLLECT THE REMAINING 80% (EIGHTY PERCENT) PENALTY FROM THE FORMER OWNERS.  Roll call vote.  YES: Dodsworth, Harr, Stephens;  NO: Drake, Townley;  ABSTAIN: Tregub, Webster;  ABSENT:  Blake, Shelton.  Failed:  3-2-2-2.      


M/S/C  (Tregub/Harr)  REFER WAIVER NUMBERS 3867, 3898 AND 3905 TO THE AD HOC COMMITTEE ON WAIVERS TO REVIEW AND MAKE A RECOMMENDATION
TO THE FULL BOARD.  Roll call vote.  YES:  Dodsworth, Drake, Harr, Townley, Tregub, Webster, Stephens.  NO: None;  ABSTAIN: None;  ABSENT:  Blake, Shelton.  Passed: 7-0-0-2.   


5.   Appeal Time Certain – 7:30 p.m.

a.   Appeal T-5025 and L-3969 – 3030 College Avenue   
 Parties present:  Michael Campesino (Appellant), William Blagborne (Respondent) and S. Robert Diener, Esq. (Attorney for
 Respondent)

M/S/C  (Tregub/Drake)  AFFIRM THE HEARING EXAMINER’S DECISION.
Roll call vote.  YES: Dodsworth, Drake, Harr, Tregub, Webster, Stephens;  NO: Townley;  ABSTAIN: None;  ABSENT: Blake, Shelton.  Passed:  6-1-0-2.   

b.     Appeal T-5129 and T-5130 – 2412 Atherton Street, #4-1 and #2
Parties present:  Edward Blair and Mark Okada (Appellants) and John Hanley (Respondent) 

M/S/C  (Townley/Webster)  AFFIRM THE HEARING EXAMINER’S DECISION.
Roll call vote.  YES: Dodsworth, Townley, Tregub, Webster, Stephens;  NO: Harr;  ABSTAIN: None;  ABSENT: Blake, Drake, Shelton.  Passed:  5-1-0-3.


7.   Information and Announcements
   
              Please Note:  The Board may move Information Items to the Action Calendar.

a. Reports from Board Members/Staff
            
(1) Report and possible action on completing the RTS upgrade project (Executive Director)   Held over to the next meeting by an earlier vote. 

(2) 2011 Committee Assignments (Chair)  Chair Stephens informed Commissioners that there can be up to four members on any given committee.  She asked that each of the committees try to meet prior to the next regular Board meeting.

(3) Update on recent staffing changes and pending recruitments (Executive Director) 
The Executive Director informed the Board that interviews for the Staff Attorney and Administrative Staff Assistant positions will be conducted over the next 7-10 days with the first Staff Attorney interview occurring tomorrow, February 25th.  He said he hopes to begin the Staff Attorney III interviews in mid-March.

(4) Update on City Council action regarding Maximizing the Affordable Housing Impact fee  (Executive Director)  Deputy Director Steve Barton informed the Board that City Council discussed this and asked City staff to work on drafting an ordinance that is expected to be submitted to Council in May.      

(5) Report regarding Rent Stabilization and Seismic Improvements for Soft Story Properties  (Executive Director)  Deputy Director Steve Barton spoke about the findings of this report and answered questions from Commissioners. 

(6) Discussion and possible action concerning the option of holding additional meetings to address the emerging backlog in appeals  (Chair and Executive Director)  Staff Attorney Matt Brown informed the Board that an unusually high number of appeals submitted in December and January resulted in the current backlog of four appeals.  After discussion it was agreed that, going forward, staff will send appeal packets to the Board at the same time they are distributed to the parties to allow Commissioners as much time as possible to review the record before the appeal is heard. 
 
(7) Discussion regarding an alternative voting procedure for election of a Chairperson and Vice-Chairperson  (Board)  Chair Stephens asked that this item be held over until the next meeting or until a proposal was submitted with recommended alternatives to the current procedure.

(8) Announcement of March 25, 2011 meeting on Preserving Affordable Housing and Preventing Displacement in the Current Budget Crisis  (Tregub)  Chair Stephens announced that this meeting will take place at Frank Ogawa Plaza in downtown Oakland from 9:30 a.m. to noon on March 25th.  Commissioner Tregub added that members of the public could RSVP to frank@urbanhabitat.org.

b.   Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel  Chair Stephens said that the Committee met yesterday, February 23rd, and hopes to have a report on RTS and the staffing model ready for the next Board meeting.

(2) Outreach  Committee Chair Webster said the Committee met at the end of January and that staff is doing a lot of good work on outreach/workshops.  She thanked staff for their multiple outreach efforts and, in particular, Nick Traylor.  

(3)   IRA/AGA and Habitability   Committee will meet in the coming week.

(4)  Eviction/Section 8/Foreclosure  Committee plans to meet before the next Board  meeting.

(5)  Safe & Sustainable Housing  Committee Chair Townley said the Committee will meet on March 1st at 5:00 p.m.       

(6)  4 x 4 City Council/RSB Housing Committee  Chair Stephens said she be in contact with the Mayor to discuss scheduling a meeting as soon as possible.  She said the Committee members include Mayor Bates and Councilmembers Arreguin, Wozniak and Anderson and that, hopefully, the soft story issue will be among the first issues that the Committee will discuss. 

(7)  Ad Hoc Committee on Waiver Process  Next meeting has not been scheduled.

(8)  Ad Hoc Committee on State Legislation  Deputy Director Barton informed the Board that this Committee met once and their recommendation was transmitted to Rent Board Legislative Advocate, Christine Minnehan.  Ms. Minnehan, in conjunction with several associated organizations, then presented a proposal to the State legislature that was very similar to the Ad Hoc Committee’s recommendation.

(9)  Future Special Meetings

  c.      Discussion of items for possible placement on future agenda

8.   Adjournment  M/S/C  (Dodsworth/Tregub)  Meeting was adjourned at 9:41 p.m.  Voice vote.  Passed: 5-0-0-4.  ABSENT:  Blake, Drake, Harr, Shelton.