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Rent Stabilization Board
Rent Stabilization Board

Regular Meeting

 Monday, September 15, 2014
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 (2:50) 

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CLOSED SESSION – The Board will convene in Closed Session pursuant to California Government Code Section 54957(b):

Negotiator: Jay Kelekian, Executive Director
Employee Organizations: Public Employees Union, Local One
And pursuant to California Government Code Section 54956.9:

Case No. RG 13702962 – Mak v. City of Berkeley Rent Stabilization Board 


1. Roll call – 7:00 p.m.

2. Approval of Agenda  

3. Public Forum

4. Approval of the July 21st Regular Meeting minutes  

5. Special presentation by Billi Romain, Sustainability Coordinator for the City of Berkeley Planning Department on the proposed Building Energy Saving Ordinance (BESO)  

a. Draft Recommendation to Replace the Residential and Commercial Energy Conservation Ordinances (RECO and CECO) with an updated Building Energy Saving Ordinance (City staff)

b. Proposed Comments on Draft Building Energy Savings Ordinance (Safe & Sustainable Housing Committee)

6. Appeal – 8:00 p.m.  – Appeal T-5328 (1112 Allston Way, Unit A) – This appeal will not be heard before 8:00 p.m., but may be heard at any time thereafter.

7. Action Items

a. From Board Members, Executive Director and Committees  

(1) Recommendation to adopt Resolution 14-11 approving a three-year Memorandum of Understanding (“MOU”) with the Public Employees Union, Local One with a term of June 24, 2012 through June 20, 2015 and authorizing the Executive Director to execute and implement the terms and conditions of employment set forth in the new MOU (Executive Director)

(2) Recommendation that the Board authorize the Executive Director, in consultation with the Chair (or his/her designee), to appeal any decision of the Zoning Adjustments Board or any Zoning Officer that allows for the elimination of rent-controlled units without making the findings required under the Demolition Ordinance (B.M.C. 23C.08) to adequately mitigate their loss, or when the Planning staff decides that the subject units are not “controlled units” after receiving a contradictory determination from the Rent Board (Budget & Personnel Committee)

(3) Recommendation that the Board agree to calculate and post the Tenant Screening Fee amount on the Rent Board’s website, if the City Council requests (Chair Stephens)

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

Administrative Waiver

Waiver No.         Property Address
4389                    2112 Eunice Street

Ministerial Waivers

Waiver No.         Property Address
4384                    2703 McGee Avenue
4385                    1509 Spruce Street
4388                    2417 Browning Street
4394                    1124 Dwight Way
4396                    2808 Derby Street
4398                    1623 Francisco Street
4399                    1223 Bonita Avenue
4400                    120 Fairlawn Drive
4406                    2320 9th Street

8. Information and Announcements

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

a. Reports from Board Members/Staff  

(1) Future Agenda Items – Soft Story Update (Vice-Chair Harr)

(2) Follow-up items for Future Agendas (Vice-Chair Harr)

a. Attempts by some large property owners to violate the eviction protections enumerated in the Rent Stabilization and Eviction for Good Cause Ordinance

b. The impact of the new law pertaining to Accessory Dwelling Units (ADU’s)

c. Status of “illegal” units that are rent-controlled but not permitting by the Planning Department

d. Vacation Rentals

e. New State Law on “Vector Control” and its ramifications for Berkeley rental units

(3) Legislative update (Executive Director)

(4) Market Medians report updated through the 1st Quarter of 2014 (Executive Director)

(5) July 24, 2014 memo from the Executive Director to the Zoning Adjustments Board regarding 2401 Warring Street – Use Permit #2013-0057 (Executive Director)

(6) August 18, 2014 Appeal of Zoning Adjustments Board Decision: 2401 Warring Street – Use Permit #2013-0057 (Chair Stephens and Vice-Chair Harr)

(7) Communication from Lisa Stephens to the Zoning Adjustments Board regarding 1629 Harmon Street (Chair Stephens)

(8) Decision-making policy regarding Rent Board litigation (Commissioners Hunt & Soto-Vigil)

(9) September 12, 2014 Measure Y Tracking Report (July 2011 – June 2014) (Executive Director and Eviction/Section 8/Foreclosure Committee)

(10) Update on charts and tables reflecting annual budgets and staffing levels for Berkeley and other cities (Commissioner Hunt)

(11) September 9, 2014 Council Consent Calendar item from the Housing Advisory Commission titled, “Investigate the Creation of a PACE Program to Finance Seismic Retrofits for Multi-Family Buildings” (Executive Director)

(12) September 9, 2014 Council Consent Calendar item from the Housing Advisory Commission titled, “Creating Additional Administrative Powers of Zoning Officer to Grant or Recommend New Permits as Related to Code Enforcement” (Executive Director)

(13) Renting in Berkeley 101 – A Guide for Cal Students (Executive Director)

(14) December 12, 2012 SF Weekly article by Joe Eskenazi titled, “Bringing Down the Housing: How Builders Game the System” (Vice-Chair Harr)

(15) July 12, 2014 Oakland Tribune article by Pete Carey titled, “Housing Crunch – Bidding wars aren’t limited to those who want to buy homes; developers caught up in fights for land” (Commissioner Hunt)

(16) July 12, 2014 Oakland Tribune article by Michael R. Sisak and Rachelle Blidner titled, “Clutter seen as fire hazard” (Commissioner Hunt)

(17) July 30, 2014 article by Carolyn Said titled, “S.F. Tenants Rally, Sue Over Evictions for Vacation Rentals” (Executive Director)

(18) August 7, 2014 Mother Jones article by Erika Eichelberger and A.J. Vicens titled, “These 7 Charts Show Why the Rent Is Too Damn High”...and what can be done about it” (Chair Stephens)

(19) August 27, 2014 East Bay Express article by Sam Levin titled, “How Oakland Landlords Fight Rent Control” (Vice-Chair Harr)

(20) August 28, 2014 NY Times article by Shaila Dewan titled, “Evictions Soar in Hot Market; Renters Suffer” (Executive Director)

b. Updates and Announcements regarding Committee/Board Meetings

(1) Budget and Personnel

a. September 4th agenda  

b. September 15th agenda  

(2) Outreach

a. June 20th agenda – No quorum

b. August 15th agenda  

(3) IRA/AGA and Habitability

a. September 12th agenda  

(4) Eviction/Section 8/Foreclosure

a. September 12th agenda  

(5) Safe & Sustainable Housing

a. June 26th minutes  

b. August 14th agenda  

c. August 14th minutes  

d. September 11th agenda  

(6) Waivers Committee

(7) 4 x 4 City Council/RSB Housing Committee

(8) Future Special Meetings

 c. Discussion of items for possible placement on future agenda

9. 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.


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