Rent Stabilization Board
Rent Stabilization Board

 

RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, August 16, 2010

7 PM

APPROVED

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1. Roll Call – Vice Chair Blake called the meeting to order at 7:11 p.m. Pam Wyche called roll.

             Commissioners present:  Blake, Chong, Drake, Harr, Shelton, Townley, Tregub (7:14), Webster
             Commissioners absent:  Stephens
             Staff present:  Barton, Brown Mueller, Wyche

2. Approval of Agenda  M/C (Drake/no seconder)  APPROVE AGENDA.  Acting Chair Blake approved the agenda “by acclamation” with no objections. 

3. Public Forum – There were no speakers.

4. Approval of July 19, 2010 Regular Board Meeting minutes  M/S/C  (Townley/Shelton)  Approve MINUTES AS WRITTEN.  Voice vote.  Passed:  7-0-0-2.  Absent:  Tregub, Stephens.

5. Presentation by Berkeley Housing Authority on Proposed Repositioning Project Involving 75 Units of Public Housing – Tia Ingram, Executive Director of the Berkeley Housing Authority, spoke about current issues in the Section 8 and Public Housing programs; she gave an update on the Proposed Repositioning Project and took questions from Board members.  Also present were Jennifer Bell, Berkeley Housing Authority General Counsel, and Kathleen W. Sims, Project Manager for the Repositioning Project.  

Item 7.a.(2) was then taken out of order to adhere to the Appeal Time Certain of 7:45 p.m.
 

7.a.(2)  First Reading of proposed amendments to Regulation 1234 [Rights of Parties] 

M/S/C (Tregub/Drake)  ADOPT ON FIRST READING THE PROPOSED AMENDMENT WITH THE FOLLOWING CHANGE:  ADD THE WORD SIGNED SO THAT AMENDED SECTION (A) READS “BEFORE A REPRESENTATIVE IS ALLOWED TO ADVOCATE FOR, OR IN ANY WAY REPRESENT, A PARTY, THE PARTY MUST SPECIFICALLY DESIGNATE THE REPRESENTATIVE TO REPRESENT HIM/HER SIGNED IN WRITING TO THE BOARD.”  Voice vote.  Passed:  8-0-0-1. Absent:  Stephens.

6. Appeal Time Certain – 7:45 p.m.

Appeal T-5061/T-5063/T-5066/T-5067  (2311 Le Conte Ave.)  Parties present for this appeal were Sierra Weir (Appellant), Carol Miles (representing Westminster House), and Peggy Chang (representing Westminster House).

M/S/C  (Harr/Webster)  REMAND TO HEARING EXAMINER TO RULE ON THE ISSUE OF  WHETHER THERE WAS A DECREASE IN HOUSING SERVICES.  Roll call vote.  YES: Blake, Harr, Shelton, Townley, Webster; NO: Drake;  ABSTAIN: None;  ABSENT: Chong, Stephens;  RECUSED: Tregub.  Passed:  5-1-0-3.

M/S/C  (Webster/Shelton)  UPHOLD THE STAFF RECOMMENDATION WITH THE  EXCEPTION OF THE HOUSING SERVICES ISSUE.  Roll call vote.  YES: Drake, Harr, Shelton, Townley, Webster;  NO: Blake;  ABSTAIN: None;  ABSENT: Chong, Stephens;  RECUSED: Tregub.  Passed:  5-1-0-3.

It should be noted that the Decision on Appeal notice sent to all parties subsequent to this meeting contained an error in the notation of how two Commissioners voted, but the total count was correct. 
The record above reflects the correct vote for each Commissioner. 


7.  Action Items

a.  From Board Members, Executive Director and Committees

(1) Proposed Resolution authorizing the Executive Director to increase the purchase order with Volt Temporary Services by an amount not to exceed $35,000 for FY 2010/2011 
M/S/C  (Drake/Tregub)  ADOPT RESOLUTION AS WRITTEN.  Voice vote.  Passed:  7-0-0-2.  Absent:  Chong, Stephens.

Vice Chair Blake suggested hearing Information Item 8.b.(1) through (8) before the Waiver item.  There were no objections.

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

 b.   Announcements of upcoming Committee/Board Meetings.

(1)   Budget and Personnel – Did not meet.

(2)   Outreach – Committee Chair Webster gave an overview of the Committee’s recent activities.

(3)   IRA/AGA/ Habitability – Commissioner Blake gave an update on the Committee’s work. 

(4)   Eviction/Section 8/Foreclosure – Commissioner Tregub discussed the Committee’s last meeting. 

(5)   Safe & Sustainable Housing – Committee Chair Townley said the Committee was unable to meet at their usual time (i.e., third Monday of the month, just prior to the Board meeting) but that he hopes to schedule their next meeting for the end of August/beginning of September.  He gave an update on several issues on which the Committee has been working.

(6)    4 x 4 City Council/RSB Housing Committee – Not discussed

(7)   Ad Hoc Committee on Waiver Process – Committee Chair Harr said that the Committee has been meeting every three weeks and she’s very optimistic that they will finish their work by the end of the calendar year.

(8)   Future Special Meetings – Not discussed.


c.      Discussion of items for possible placement on future agenda  – Not discussed.


a.    Reports from Board Members/Staff.
 
(1)   Updated Committee Assignments List  Item briefly mentioned and included in packet. 

(2)   Text of Measure on November ballot titled Berkeley Public Schools Facilities Safety and Maintenance Act of 2010. (Executive Director) In packet and self-explanatory. 

(3)    Text of proposed Bond Measure on November ballot to improve school safety and facilities for learning and teaching. (Executive Director) In packet and self-explanatory. 

(4)   July 30, 2010 USA Today article by Haya El Nasser, titled Census: Moves Because of Evictions Increase (Executive Director) In packet and self-explanatory. 

Board then returned to Action Item 7.a.(3)  

7. Action Items

a.    From Board Members, Executive Director and Committees

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

Discretionary Waivers
 

Waiver No.        Property Address

3830*                 1501 Virginia Street/1685 Sacramento Street 
  
*Continued and revised from the July 19th meeting.

Main motion:  M/S  (Tregub/Shelton)  TO WAIVE TWENTY-ONE PERCENT (21%) AND IMPOSE THE REMAINING BALANCE OF $1,374 FOR WAIVER #3830.  **Substitute motion was then made and voted on.**

Substitute motion:  M/S/C  (Harr/Drake)  TO WAIVE NOTHING AND IMPOSE THE FULL PENALTY BALANCE FOR WAIVER #3830.  Roll call vote.  YES:  Blake, Drake, Harr, Shelton, Tregub, Webster; NO:  None; ABSTAIN:  Townley; ABSENT:  Chong, Stephens.  Passed:  6-0-1-2.


 9.   Adjournment   Vice Chair Blake adjourned the meeting at 9:51 p.m.

 

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