RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, December 19, 2011

7:00 PM

APPROVED


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1. Roll call – Chair Stephens called the meeting to order at 7:11 p.m.  Aimee Mueller called roll.

Commissioners present:  Blake, Dodsworth (arrived 7:41), Drake, Harr, Shelton, Townley, Tregub, Webster (arrived 7:26), Stephens  
Commissioners absent:  None
Staff present:  Brown, Franklin-Minor, Kelekian, Law, Mueller

2. Approval of Agenda  M/S/C  (Townley/Harr)  APPROVE AGENDA WITH ONE CHANGE: HEAR ITEM 5.a.(4) BEFORE ITEM 5.a.(2).  Voice vote.  Carried:  7-0-0-2.  ABSENT: Dodsworth, Webster. 

3.   Public Forum  There were two speakers:  Paul Barker spoke about his landlord; and Mr. Chuan Lee spoke about 1431 Dwight Way.  Board members encouraged Mr. Lee to follow up with staff and asked the IRA Committee to look into the issues raised.

4. Approval of the November 21, 2011 Regular Meeting Minutes  M/S/C  (Townley/Tregub) APPROVE MINUTES WITH THE FOLLOWING AMENDMENT:  FOR THE EMERGENCY AGENDA ITEM, NOTE THAT STAFF WERE DIRECTED TO REPORT BACK TO THE BOARD AS TO WHETHER THE PROPERTY AT 2441 HASTE STREET WAS ON THE CITY’S RETROFIT LIST.  Voice vote.  Carried:  7-0-0-2.  ABSENT: Dodsworth, Webster.  

5.   Action Items

a. From Board Members, Executive Director and Committees

(1)  First reading of proposed Regulation 1313 [Prohibition against evictions for tenants’ failure to comply with unilateral changes in terms of tenancy]    M/S/C (Harr/Drake) TO ADOPT THE FIRST READING OF REGULATION 1313 AS PROPOSED. Roll call vote. YES: Blake, Dodsworth, Drake, Harr, Townley, Tregub, Webster, Stephens;  NO: Shelton; ABSTAIN/ABSENT: None.  Carried:  8-1-0-0.

(4)  Discussion and possible action regarding the Rent Board’s proposed Social Media Policy 

Staff Attorney Chanee Franklin-Minor provided the Board with an overview of the staff report describing the proposed Social Media Policy. After discussion, the Board adopted the following motion:  M/S/C (Tregub/Townley) TO APPROVE THE STAFF RECOMMENDATION WITH THE FOLLOWING THREE AMENDMENTS AND REFER THE ISSUE OF IF COMMISSIONERS SHOULD BE ALLOWED TO POST ON THE RENT BOARD FACEBOOK PAGE TO THE OUTREACH COMMITTEE FOR A REPORT BACK AT THE NEXT MEETING.

a. AMEND THE PROPOSED RESOLUTION CHANGING THE FIRST RESOLVED CLAUSE TO:  “DIRECT THE STAFF TO IMPLEMENT AND DEVELOP A RENT BOARD SOCIAL MEDIA SITE USING THE ATTACHED SOCIAL MEDIA POLICY”

b. AMEND THE PROPOSED SOCIAL MEDIA POLICY TO: ADD A NEW SECTION  I, TITLED PUPOSE TO READ AS FOLLOWS: “PURPOSE: THE PURPOSE OF THIS SOCIAL MEDIA POLICY IS TO FULFILL THE MISSION OF THE RENT STABILIZATION BOARD AS ARTICULATERD IN SECTION 13.76.030 OF THE BMC, WHICH STATES “The purposes of this chapter are to regulate residential rent increases in the city of Berkeley and to protect tenants from unwarranted rent increases and arbitrary, discriminatory, or retaliatory evictions, in order to help maintain the diversity of the Berkeley community and to ensure compliance with legal obligations relating to the rental of housing. This legislation is designed to address the City of Berkeley's housing crisis, preserve the public peace, health and safety, and advance the housing policies of the city with regard to low and fixed income persons, minorities, students, handicapped, and the aged.”

c. AMEND THE PROPOSED SOCIAL MEDIA POLICY TO: RENUMBER THE ORIGINAL SECTIONS TO REFLECT THE NEW SECTION I AND CHANGE THE TITLE THE ORIGINAL SECTION I TO “BACKGROUND”

Roll call vote. YES: Blake, Dodsworth, Drake, Harr, Shelton, Townley, Tregub, Webster, Stephens;  NO: None; ABSTAIN/ABSENT: None.  Carried:  9-0-0-0.

(2)  Discussion and possible action regarding Proposed Resolution Revising Rules on Deductions from Commissioners’ Stipend; Enacting Rules on Posting Meeting Attendance Records; and Repealing and Reenacting Rules and Policies on Meeting Schedules and Commissioners’ Stipend and Other Compensation  (Executive Director and Ad Hoc Committee on Board Compensation)  Continued from November 21st meeting: 

Note: The Board has discussed this item at the October, November and December meetings. No compensation policy has been adopted (the final motion listed below did not receive the required five votes).  All of the votes below are proposed amendments to the Resolution submitted by the Chair at the beginning of the meeting.

Main motion:  M/S  (Townley/Drake)  ON PAGE THREE OF THE PROPOSED RESOLUTION, IN THE FIRST  PARAGRAPH THAT BEGINS, “BE IT FURTHER RESOLVED…”, DELETE THE WORDS “next Thursday” AND REPLACE WITH “fourth Monday of the month,…”.  **NO VOTE ON THIS MOTION.** 

Substitute motion:  M/S/C  (Blake/Tregub)  ON PAGE THREE OF THE PROPOSED RESOLUTION, IN THE FIRST  PARAGRAPH THAT BEGINS, “BE IT FURTHER RESOLVED…”, DELETE THE WORDS “next Thursday” AND REPLACE WITH “second Monday of the month,…” AND ADD THE WORDS, “or religious holiday” AFTER THE WORDS, “City of Berkeley holiday”.  Roll call vote.  YES: Blake, Dodsworth, Harr, Shelton, Tregub, Webster, Stephens;  NO: Drake, Townley;  ABSTAIN/ABSENT: None.  Carried:  7-2-0-0.

M/S/C  (Townley/Shelton)  ON PAGE THREE OF THE PROPOSED RESOLUTION, TO CHANGE THE SIXTH RESOLVED CLAUSE TO ADD  “IN ACCORDANCE WITH CITY POLICY” BEFORE “FOR ELIGIBLE COMMISSIONERS” IN 2(a)  AND ENUMERATE THE CURRENT BENEFITS. Voice vote.  Carried:  9-0-0-0. 

M/S/C (Townley/Tregub) IN THE FINAL RESOLVED CLAUSE, CHANGE THE EFFECTIVE DATE OF THE RESOLUTION TO JANUARY 1, 2012.  Voice vote.  Carried:  9-0-0-0. 

M/S/C (Tregub/Blake) TO AMEND THE RESOLUTION TO TREAT STANDING AND AD HOC COMMITTEES EQUALLY AND ELIMINATE THE LIST OF COMMITTEES.  Voice vote.  Carried:  9-0-0-0. 

M/S/C (Blake/Stephens) WHEREVER IT APPEARS IN THE RESOLUTION, TO REPLACE “IN THE MANNER DESCRIBED ABOVE” WITH “BY THE APPROPRIATE TIME” Approved by consent.

Main motion:  M/S (Townley/Webster) TO AMEND THE RESOLUTION TO REFLECT THAT ALL EXCUSED ABSENCES WILL BE COMPENSATED THEREBY ELIMINATING THE NEED TO MAKE THE DISTINCTION OF TYPE OF EXCUSED ABSENCE.

Substitute motion:  M/S (Dodsworth/Blake) REQUEST THAT STAFF CONDUCT A FACT FINDING MISSION TO DETERMINE HOW OTHER ELECTED BODIES ADDRESS ABSENCES, INCLUDING THE CITY COUNCIL, THE SCHOOL BOARD AND OTHER ELECTED RENT BOARDS, AND TO TABLE THE DISCUSSION.  Roll call vote. YES: Blake, Dodsworth, Stephens;  NO: Drake, Shelton, Townley, Webster;  ABSTAIN: Harr, Tregub; ABSENT: None.  Failed:  3-4-2-0.

Main Motion vote - Roll call vote. YES: Drake, Shelton, Townley, Webster;   NO: Blake, Dodsworth, Harr, Tregub, Stephens;  ABSTAIN: None; ABSENT: None.  Failed:4-5-0-0.

Main motion:  M/S (Townley/Stephens)  ADOPT THE RESOLUTION AS AMENDED. No vote taken as the substitute motion below passed.

Substitute motion:  M/S/C  (Blake/Harr)  ELIMINATE EXCUSED ABSENCES ENTIRELY, AND INCREASE THE NUMBER OF ABSENCES THAT RECEIVE FULL COMPENSATION TO TWO, AND CHANGE THE CATEGORY OF “EXCUSED ABSENCES” TO “ABSENT WITH COMPENSATION”.  Roll call vote. YES: Blake, Dodsworth, Harr, Tregub, Stephens;  NO: Drake, Townley, Webster;  ABSTAIN: None; ABSENT: Shelton.  Passed:  5-3-0-1.

M/S  (Blake/Drake)   ELIMINATE THE THIRTEENTH WHEREAS CLAUSE REFERING TO CONSTITUENT WORK.  Roll call vote.  YES: Blake, Drake, Tregub, Stephens;  NO: Dodsworth, Townley;  ABSTAIN: Webster; ABSENT: Shelton, Harr.  Failed:  4-2-1-2.

M/S/C (Townley/Blake) IN THE FOURTH RESOLVED CLAUSE, ON PAGE FIVE OF THE RESOLUTION, CHANGE “IN THE EVENT THAT” TO ADD “WHEN” AND DELETE “AND THE ABSENCE WAS NOT EXCUSED.”  Roll call vote. YES: Blake, Dodsworth, Townley, Tregub, Webster, Stephens;  NO: None;  ABSTAIN: Drake; ABSENT: Harr, Shelton.  Passed:  6-0-1-2.
 
M/S/C (Dodsworth/Blake) THAT COMMISSIONERS MAY ADD AN EXPLANATION FOR PUBLICATION IN THE OFFICIAL ATTENDANCE RECORDS REGARDING THEIR ABSENCES. Voice vote. YES: Blake, Dodsworth, Townley, Tregub, Stephens;  NO: Drake;  ABSTAIN: Webster; ABSENT: Harr, Shelton.  Passed:  5-1-1-2.

M/S/C (Tregub/Blake) THAT THE BOARD ADOPT THE PROPOSED RESOLUTION ON COMPENSATION, INCORPORATING ALL OF THE CHANGES APPROVED THIS EVENING. THE RESOLUTION TO BE REVIEWED AT THE NEXT MEETING FOR ACCURACY. Roll call vote. YES: Blake, Townley, Tregub, Stephens;  NO: Drake, Webster;  ABSTAIN: Dodsworth; ABSENT: Harr, Shelton.  Failed: 4-2-1-2.

Note - Commissioner Shelton left at 10:17 pm. Commissioner Harr left at 10:41.

(3)  Discussion and approval of the 2012 Rent Board Meeting Schedule. After discussion, the Board adopted the following motion: M/S/C (Drake/Townley) THAT THE NEXT BOARD MEETING BE SCHEDULED FOR MONDAY, JANUARY 23, 2012.  Roll call vote. YES: Blake, Drake, Townley, Webster, Stephens;  NO: Dodsworth, Tregub;  ABSTAIN: None; ABSENT: Harr, Shelton.  Passed: 5-2-0-2.

The remainder of the agenda, listed below, was carried over to the January meeting.:

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

Ministerial Waivers

Waiver No.    Property Address
4045               1711 Bancroft Way
4047               1423 Walnut Street, #5
4089               2127 McGee Avenue
4090               1927 Stuart Street
4091               1808 Bancroft Way
4092               1601 Derby Street
4095               2710 Benvenue Avenue

Discretionary Waivers

Waiver No.    Property Address
4065               1700 Addison Street
4071               2930 Martin Luther King Jr. Way
4073               2609 McGee Avenue
4080               2310 Piedmont Avenue
4093               2836 Regent Street

6.   Information and Announcements
   
a. Reports from Board Members/Staff
            
 **Indicates items carried over from the October 17, 2011 and/or November 21, 2011 meeting.

(1) Update on the Relocation Ordinance  (Executive Director)** – Verbal

(2) Rent Board Commissioners’ Attendance records for Committee meetings for the period December 2010 through November 17, 2011  (Executive Director)

(3) Update on the Affordable Housing Mitigation Fee Ordinance  (Executive Director)** – Verbal

(4) Update on the October 4, 2011 Small Property Owners’ Workshop  (Executive Director)** – Verbal

(5) Update on the October 7, 2011 meeting with the Berkeley Association of Realtors  (Executive Director)** – Verbal

(6) December 1, 2011 letter to Attorney Anna de Léon in response to her complaint regarding Commissioner Nicole Drake  (Executive Director)   

(7) Update on November 5, 2011 presentation to the Berkeley Property Owners Association  (Executive Director)** – Verbal

(8) December 14, 2011 Berkeleyside.com article titled, “Telegraph named a disaster zone to help the fire-affected”  (Executive Director)

(9) Update on the RTS project  (Executive Director) – Verbal

(10)  U.S. Census Bureau report titled, “Profile of General Population and Housing Characteristics: 2010” for Berkeley, California  (Executive Director) 

(11)  December 4, 2011 e-mail communication from Albert Sukoff regarding Capital  Improvements Offset and Costa-Hawkins Increases  (Executive Director)

b.   Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel

(2) Outreach 

a.  August 12th minutes

b.  September 23rd minutes

c.  December 9th agenda

(3) IRA/AGA and Habitability

(4) Eviction/Section 8/Foreclosure

a.  October 24th minutes

b.  November 30th agenda

(5) Safe & Sustainable Housing

(6) Ad Hoc Committee on Waiver Process

(7) Ad Hoc Committee on Board Compensation

(8) 4 x 4 City Council/RSB Housing Committee

(9) Future Special Meetings

c.      Discussion of items for possible placement on future agenda

7.   Adjournment  - The meeting adjourned at 11:01pm.