RENT STABILIZATION BOARD
Regular Meeting

Monday, June 17, 2013
7:00 p.m.

Maudelle Shirek Building
2134 Martin Luther King Jr. Way
Council Chambers, Second Floor
Broadcast Live – KPFB – 89.3
(N. Berkeley) and BTV Cable Channel 33

Video Archive
(3 hrs, 43 mins)

AGENDA


  Many of the links below lead to PDF files that require Adobe Acrobat Reader to be installed on your computer.  You can download Acrobat Reader for free. 


1. Roll call – 7:00 p.m.

2. Approval of Agenda

3. Public Forum

4. Approval of May 13th Regular Meeting Minutes

5. Appeal Time Certain – 8:00 p.m.

Appeal D-59  (2517 Regent Street, Unit #5) Tenant Respondent appeals a hearing examiner decision that found that the tenant did not occupy 2517 Regent Street, #5, as his primary residence.  The hearing examiner found that this rental unit is no longer subject to the rent ceiling restrictions of the Rent Ordinance until a tenant occupies it as his/her primary residence.  On appeal, the tenant argues that the decision should be overturned on procedural grounds and that the decision is not supported by the facts of the case.  A review of the record, however, establishes that the case should not be dismissed on procedural grounds and that the decision is supported by substantial evidence.  For this reason, legal staff recommends that the decision of the hearing examiner be affirmed.

6. Action Items

a.   From Board Members, Executive Director and Committees

(1) Recommendation to adopt the proposed Fiscal Year (FY) 2013-2014 Line-item Budget and Staffing Model (Executive Director and Budget & Personnel Committee)

(2) Recommendation to adopt amendment to Rent Board Regulation 503 [Definition of Principal Residence] – Second Reading ( IRA/AGA/Habitability Committee)

(3) Recommendation to adopt proposed Rent Board Regulation 807 [Exemption from Registration for units with tenants receiving monthly assistance through the Section 8 Program or the Shelter Plus Care Program or equivalent rent subsidy program] – First Reading (IRA/AGA/Habitability Committee)

(4) Recommendation to adopt Resolution 13-05 authorizing the Executive Director to modify the contract with Christine Minnehan & Associates by extending the term through June 30, 2014 and increasing the contract by an amount not to exceed $46,000 (Executive Director)

(5) Recommendation to adopt Resolution 13-06 authorizing the Executive Director to modify the contract with the Eviction Defense Center (EDC) by extending the term through June 30, 2014 and increasing the contract by an amount not to exceed $112,000 (Executive Director)

(6) Recommendation to adopt Resolution 13-07 authorizing the Executive Director to modify the contract with the East Bay Community Law Center (EBCLC) by extending the term through June 30, 2014 and increasing the contract by an amount not to exceed $123,320 (Executive Director)

(7) Recommendation to adopt Resolution 13-08 authorizing the Executive Director to modify the contract with Theresa B. Darrenougue by extending the term through June 30, 2014 and increasing the contract by an amount not to exceed $12,000 (Executive Director)

(8) Recommendation to adopt Resolution 13-09 authorizing the Executive Director to modify the contract with Berkeley Community Media (BCM) by extending the term through June 30, 2014 and increasing the contract by an amount not to exceed $20,000 (Executive Director)

(9) Recommendation to adopt Resolution 13-10 authorizing the Executive Director to establish a Purchase Order with Volt Workforce Solutions for FY 2013-2014 and the balance of FY 2012-2013 by an amount not to exceed $15,000 (Executive Director)

(10) Recommendation to request that the City Council amend the Berkeley Municipal Code (BMC) to define and address mold growth in Berkeley residences (Commissioner Soto-Vigil)

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

Ministerial Waivers

Waiver No.     Property Address
4193                 2018 Virginia Street
4267                 1035 Allston Way
4269                 2521 San Pablo Avenue
4271                 2501 Hilgard Avenue
4272                 900 Spruce Street
4274                 2904 Regent Street
4275                 1316 Shattuck Avenue
4276                 1569 Arch Street

Discretionary Waivers 

Waiver No.      Property Address 
4263                 2243 Ashby Ave (heldover from May 13th meeting)
4265                 2630 Mathews Street
4266                 1670 Shattuck Avenue
4268                 2917 Shattuck Avenue
4270                 1109 Parker Street 
4273                 1517 Alcatraz Avenue
4277                 1730 Parker Street

7.   Information and Announcements

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

a. Reports from Board Members/Staff

(1) Update on Proposed Revisions to the Demolition Ordinance, BMC 23C.08  (Executive Director)

(2) Update on the Acheson Commons Development Appeal – 2133 University Avenue (Executive Director)

(3) Update on the Proposed Ordinance on Smoke-Free Housing  (Executive Director)

(4) Update on Regulation 1282  (Executive Director)

(5) April 26, 2013 letter from Badawi & Associates regarding final results of outside audit of the Rent Board for the year ended June 30, 2012  (Executive Director)

(6) Copy of Neighborhood Preservation Ordinance  (Chair Stephens)

(7) REVISED May 3, 2013 Distressed Properties/Foreclosure Report to the Eviction/Section 8/Foreclosure Committee  (Executive Director)

(8) May 7, 2013 Council item on “Contract: Wells Fargo Bank for Banking Services”  (Executive Director)

(9) Update on the May 29, 2013 presentation to the Berkeley Association of Realtors (Executive Director)

(10) Update on annual Registration for fees due July 1, 2013  (Executive Director) 

(11) May 23, 2013 SFGate.com article by Carolyn Said titled, “Security deposits stir up disputes between landlords, tenants”  (Executive Director)

(12) May 2013 Rental Housing magazine article by John Caronna titled, “It’s a Great Time to Buy & Sell”  (Executive Director)

(13) June 10, 2013 San Francisco Chronicle editorial by Enrico Moretti titled, “How to make housing more affordable”  (Commissioner Hunt) 

(14) June 2013 communications from Andrew Marowitz and Rent Board staff responses (Executive Director)

b.   Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel 

a.  June 14th agenda

(2) Outreach 

a.  April 19th minutes

b.  June 14th agenda

(3) IRA/AGA and Habitability

(4) Eviction/Section 8/Foreclosure

a.  May 3rd minutes

b.  June 7th agenda

(5) Safe & Sustainable Housing

(6) Waivers Committee

(7) Ad Hoc Committee on Smoke-Free Housing

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

a. March 25th minutes

b.  May 16th agenda

(9) Future Special Meetings

c. Discussion of items for possible placement on future agenda

8. Adjournment 


COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair-accessible location.

To request disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact Aimee Mueller at 981-4932 or 981-6903 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.