Regular Meeting

Monday, October 21, 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 (3:21 - no "jump" points) 


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1. Roll call – 7:00 p.m.
2. Approval of Agenda

3. Public Forum

4. Approval of the September 16th Regular Meeting minutes 

5. Special Presentation by representatives from Christine Minnehan and Associates, Rent Board Legislative Advocate, on housing-related legislation

a.  Final 2013 State Legislative Report 
b.  2013 Year-End State Housing Bills Report 

6. Appeal Time Certain – 8:00 p.m. - Appeal T-5264  (2922 Otis Street, Unit B)

This is a tenant appeal of a hearing examiner decision that awarded the tenant rent ceiling reductions for various decreases in housing services and housing code violations at the rental unit.  The tenant argues that, for various reasons, she is entitled to an increased award for the malfunctioning stove fan, the decrease in cabinet space, and the alleged damage to the kitchen cabinets from cockroach fumigation.  A review of the record establishes that the hearing examiner correctly ruled on the issues before the Rent Board.  Therefore, the decision should be affirmed.

7. Action Items

a.   From Board Members, Executive Director and Committees

(1) Recommendation to adopt Regulation 1136 – the proposed Annual General Adjustment (AGA) for 2014 (Executive Director and IRA/AGA/Habitability Committee)

(2) Recommendation to amend Regulation 702 [Payment of Interest on Security Deposits] due to lack of data published by the Federal Reserve Board – Second Reading (IRA/AGA/Habitability Committee)

(3) Recommendation to amend Regulation 1269 [Changes in Space or Services]  – First Reading  (Eviction/Section 8/Foreclosure Committee)

(4) Recommendation to amend the contract with Software A.G. for additional training, technical support and enhancements to the Rent Board’s database (RTS) by an additional amount not to exceed $11,000 (Executive Director)

(5) Recommendations concerning the proposed Smoke-Free Housing Ordinance (Chair Stephens) 

(6) Discussion and possible action to support the Housing Advisory Commission’s recommendation on mold (Commissioner Soto-Vigil)

(7) Discussion and possible action regarding Public E-mail Communication Enhancement memorandum (Vice-Chair Harr and Commissioner Dodsworth)

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

Ministerial Waivers

Waiver No.      Property Address
4309  1456 – 6th Street
4310  2925 Mabel Street
4312  1429 Le Roy Avenue
4313  37 Canyon Road
4314  1903 Sacramento Street
4316  1409 Bonita Avenue
4320  1518 Harmon Street

Discretionary Waivers

Waiver No.      Property Address
4299  2510 Bancroft Way
4302  1798 Walnut Street
4308  1329 Henry Street
4311  2604 Fulton Street
4317  893 Neilson Street
4318  2009 McGee Avenue
4319  941 Jones Street
4321  1625 Fairview Street

8.   Information and Announcements

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

a. Reports from Board Members/Staff

(1) Rent Board communication to City Council regarding the Proposed Ordinance on Tobacco-Free Multi-Unit Housing (Executive Director)

(2) Update on City Council action on Proposed Ordinance on Tobacco-Free Multi-Unit Housing (Executive Director)

(3) September 30, 2013 letter from Rent Board Chair Lisa Stephens to Planning Department Staff concerning the Rent Board’s comments on Proposed Soft Story Phase II Ordinance (Executive Director)

(4) Housing Advisory Commission’s recommendations concerning the Rent Board’s comments on Proposed Soft Story Phase II Ordinance (Executive Director)

(5) Update on Proposed Revisions to the Demolition Ordinance   (Executive Director)

(6) Corrected copy of the Measure Y Tracking Report given to the Eviction/Section 8/Foreclosure Committee (Eviction/Section8/Foreclosure Committee)

(7) Rent Board Commissioner Attendance records through Q3 of 2013 (Executive Director)

(8) August 27, 2013 summary report of the NAACP-sponsored “Town Hall Meeting” in July 2013 (Chair Stephens)

(9) Updated Committee Assignments List (Chair Stephens)

(10) East Bay Express article by Jean Tepperman titled, “Who’s Jacking up Housing Prices in West Oakland?” (Vice-Chair Harr)

(11) September 17, 2013 article by Carolyn Jones titled, “Berkeley cracks down on turning houses into mini-dorms” (Executive Director)

(12) Communication from Stephen Stine regarding seniors of Stuart Pratt Senior Home regarding the proposed development at 2024 Durant Avenue (Executive Director)

(13) September 2013 MacArthur Foundation How Housing Matters Policy Research Brief by Rebekah Levine Coley, Tama Leventhal, Alicia Doyle Lynch and Melissa Kull titled, “Poor Quality Housing is Tied to Children’s Emotional and Behavioral Problems”   (Executive Director)

(14) Report from the annual Non-Profit Housing Association of Northern California (NPH)(Executive Director)

b.   Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel

a.  October 21st agenda

(2) Outreach 

a.  August 23rd minutes

b.  September 20th agenda

c.  October 18th agenda

(3) IRA/AGA and Habitability

a.  IRA/AGA and Habitability - October 18th agenda

(4) Eviction/Section 8/Foreclosure

a.  October 11th agenda 

(5) Safe & Sustainable Housing

a.  September 11th minutes

b.  October 9th agenda 

(6) Waivers Committee

(7) Ad Hoc Committee on Smoke-Free Housing

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

a.  May 16th minutes

b.  October 10th agenda

(9) Future Special Meetings

c.  Discussion of items for possible placement on future agenda

9.   CLOSED SESSION  -- The Board will convene in Closed Session pursuant to California Government Code § 54957(b):

Title:  Executive Director

10.  Adjournment


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.