Everyone is required to stay home, except for essential needs. When out, protect yourself and those around you by wearing a face covering, staying 6 feet away from others, and washing your hands often. Learn more at cityofberkeley.info/covid19. City offices are closed to the public. Some services are available remotely.

The City of Berkeley Health Officer has ordered all residents to shelter at home, leaving only to receive or provide essential services, starting 12:01 am on Tuesday, March 17. See details of the Order, frequently asked questions, and recommendations from Berkeley Public Health at https://www.cityofberkeley.info/coronavirus.

City Council Live Stream: Please visit https://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

ZAB Live Stream: Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx.

The City of Berkeley web site is undergoing scheduled maintenance starting on Friday night, September 13 and ending on Saturday afternoon, September 14. During this time, most web pages should be available, but some resources may become unavailable for short periods of time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 5/9/19, at 7:00pm? Please visit https://www.youtube.com/channel/UC1UAnZ8kU8EWllREyOY7rwQ/. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 2/28/19, from 6:00 to 11:00 PM? Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same date and time.

PG&E is reporting a widespread outage affecting thousands of customers in Berkeley and many City buildings, including the Finance Customer Service Center and the Permit Service Center. Call respective City services for further details, or check the PG&E outage page. Power is expected to return by 12:45pm. Traffic lights that are not working should be treated as a four-way stop sign.

Translation Disclaimer

Rent Stabilization Board
Rent Stabilization Board
 
RENT STABILIZATION BOARD

Regular Meeting
Thursday, August 20, 2020
7:00 p.m. 

 
 

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City of Berkeley Rent Stabilization Board (Rent Board) will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location available.

To access this meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device by clicking on this URL: https://zoom.us/j/92593902976?pwd=QXlKWUNjTDVnYlVjUk83Vk1lVVNMdz09. If you do not wish for your name to appear on the screen, then use the drop-down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “Raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-408-638-0968 and enter Meeting ID: 925 9390 2976 and Passcode: 179327. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit an e-mail comment to be read aloud during public comment, email amueller@cityofberkeley.info with the Subject Line in this format: “PUBLIC COMMENT ITEM #3.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record. Email comments must be submitted to the email address above by 5:00 p.m. on the day of the meeting in order to be included.

Please be mindful that this meeting will be recorded, and all other rules of procedure and decorum will apply for Rent Board meetings conducted by teleconference or videoconference.

This meeting will be conducted in accordance with Government Code Section 54953, 54956, and all current state and local requirements allowing public participation in meetings of legislative bodies. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Matt Brown, Acting Executive Director, at (510) 981-7368. The Rent Board may take action related to any subject listed on the Agenda.


Full Agenda Packet (PDF Copy)

  

RENT STABILIZATION BOARD
Regular Meeting
Thursday, August 20, 2020  
7:00 p.m.
 

Zoom Video Archive (3:24)


 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

*Times allotted for each item are approximate and may be changed at the Board’s discretion during the course of this meeting.

1. Roll call – 1 min.*

2. Approval of Agenda – 1 min.*

3. Public Comment – 3 min. allotted per speaker*

4. CONSENT ITEMS – 1 min.*

a. Approval of the July 16th regular meeting minutes

b. Recommendation that the Board endorse the November 2020 Rent Stabilization Ordinance Ballot Measure “MM” (Commissioner Tregub, Chair Laverde & Vice-Chair Simon-Weisberg) 

5. SPECIAL PRESENTATION by Hank Levy, Alameda County Treasurer-Tax Collector: "Property Tax Penalty Waivers for the Coming year" – 30 min.*

6. APPEAL – 7:30 p.m.** Case No. RWN-1649 (1905 Essex Street) 
** This appeal will not be heard before 7:30 p.m. but may be heard any time thereafter.

Landlord appeals a hearing examiner decision that found that the owner is required to register three residential rental units on the second floor of the subject property with the address of 1915 Essex Street. The landlord appeals on both procedural and substantive grounds. Procedurally, the landlord argues that the petition is illegitimate because the petitioner “filed against an unknown name + entity” when petitioner misspelled Appellant’s name “Aethan Magellon” instead of “Athan Magganas.” Mr. Magganas also claims the hearing examiner abused his discretion by proceeding with the hearing when the tenant petitioner did not appear at the hearing and by considering issues that were not raised in the petition. Substantively, the landlord argues that the units are exempt from registration as commercial use or new construction (B.M.C. § 13.76.050I) and that the hearing examiner’s interpretation of various case law, regulations, and resolutions, and use of the certificate of occupancy requirement was improper, against public policy, legislative intent, and common sense. Mr. Magganas also claims that the hearing examiner relied on “inaccurate assumptions” and “inaccurate facts.”  

A review of the record establishes that there is no evidence of procedural error and even if there was, there is no indication that Landlord suffered any harm from any alleged procedural flaws. Mr. Magganas did not explain which of the hearing examiner’s assumptions or facts were inaccurate, so this assertion cannot be probed further. There is also substantial evidence to support the hearing examiner’s decision that the three units at 1915 Essex Street are not exempt; they are not being used for commercial purposes and they do not qualify as newly constructed units.   

A review of the record establishes that the decision did not suffer from prejudicial procedural errors and is supported by substantial evidence. For these reasons, legal staff recommend that the decision of the hearing examiner be affirmed.


7. ACTION ITEMS

a. From Board Members, Committees, and Executive Director

(1) Discussion and possible action regarding recommendation to adopt Resolution 20-15 authorizing the Acting Executive Director to negotiate a contract with 3Di, Inc. to replace the Rent Board’s existing Rent Tracking System (RTS) with an integrated software solution (Budget & Personnel Committee and Acting Executive Director) – 20 min.*

(2) Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Acting Executive Director) – 15 min.*

Ministerial Waivers
Waiver No.     Property Address 
4914               1447 Oxford Street
4915               1628 Tyler Street
4917               3224 Boise Street
4919               1108 Chaucer Street
4925               1511 Hearst Avenue



Discretionary Waivers
Waiver No.     Property Address
4911               1602 Ashby Avenue
4918               1405 California Street
4922               2915 Shattuck Avenue
4923               2014 Virginia Street


8. INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES

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

a. Reports from Board Members/Staff

(1) Update on the annual registration process and amnesty program to forgive penalties for COVID-related non-payment of registration fees – Verbal (Acting Executive Director) – 5 min.*

(2) Commissioner attendance at Board and Committee meetings through the second quarter of 2020 (Acting Executive Director) – 3 min.*

(3) Update from Public Information Unit on community inquiries regarding lease breaking – Verbal (Acting Executive Director) – 10 min.*

(4) Update on Expanding Rent Board Access: Virtual Phone Services (Acting Executive Director)  – 5 min.*

(5) Update on Small Claims Court collections process for delinquent registration fees from past fiscal year (Acting Executive Director) – 5 min.* 

(6) Update on recent Rent Board outreach events (Acting Executive Director) – 5 min.*

a. July 15th Rental Housing and COVID-19 Webinar: 65 participants. This webinar was presented by Lynn Wu and Matthew Siegel and facilitated by Michele Byrnes.

b. August 12th College of Natural Resources (CNR) Webinar: 10-20 participants anticipated. Michele Byrnes and Moni Law will present to first year CNR students.

c. August 14th Golden Bear Orientation: Moni Law will present on Tenant Rights to first year Cal students.

(7) July 8, 2020 Vox.com article by Jen Kirby titled, “America’s looming housing catastrophe, explained” (Commissioner Chang) – 1 min.*
https://www.vox.com/21301823/rent-coronavirus-covid-19-housing-eviction-crisis

(8) July 27, 2020 BusinessWire.com press release titled, “Proposition 21 Endorsed by State Democratic Party” (Commissioner Tregub) – 1 min.* https://www.businesswire.com/news/home/20200727005724/en/Proposition-21-Endorsed-State-Democratic-Party

(9) July 29, 2020 Berkeleyside article by Frances Dinkelspiel titled, “Update: Berkeley residents won’t vote in November on repealing 40-year-old law exempting some duplexes from rent control” (Commissioner Tregub) – 1 min.*
https://www.berkeleyside.com/2020/07/29/berkeley-ca-city-council-meeting-rent-control-duplexes-election

(10) July 31, 2020 East Bay Citizen article by Steven Tavares titled, “Alameda County: Eviction moratorium extended again; supervisor floats rent relief idea” (Commissioner Tregub) – 1 min.*
https://ebcitizen.com/2020/07/31/alameda-county-eviction-moratorium-extended-again-supervisor-floats-rent-relief-idea/

(11) August 3, 2020 The Daily Californian article by Eric Rogers and Veronica Roseborough titled, “Berkeley City Council adds rent control exemptions to November ballot” (Commissioner Tregub) – 1 min.*
https://www.dailycal.org/2020/08/02/berkeley-city-council-adds-rent-control-exemptions-to-november-ballot/

(12) August 3, 2020 The Daily Californian article by Claire Daly titled, “’We’re not going to stop’: 1921 Walnut St. tenants protest UC acquisition” (Commissioner Tregub) – 1 min.*
https://www.dailycal.org/2020/08/03/were-not-going-to-stop-1921-walnut-st-tenants-protest-uc-acquisition/

(13) August 5, 2020 Berkeleyside article by Frances Dinkelspiel titled, “What’s on the Berkeley ballot? Pay raises for mayor and council, Uber surcharge, new police oversight, more” (Commissioner Tregub) – 1 min.*
https://www.berkeleyside.com/2020/08/05/whats-on-the-berkeley-ballot-pay-raises-for-mayor-and-council-uber-surcharge-new-police-oversight

(14) August 6, 2020 The Daily Californian editorial titled, “UC must cease its role in Berkeley’s gentrification” (Commissioner Tregub) – 1 min.*
https://www.dailycal.org/2020/08/06/uc-must-cease-its-role-in-berkeleys-gentrification-2/

(15) August 9, 2020 Politico article by Katy O’Donnell titled, “Trump’s eviction ban would leave most tenants in peril” (Commissioner Tregub) – 1 min.* https://www.politico.com/news/2020/08/09/trump-ban-evictions-tenantsperil-392674


9. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS

a. Budget and Personnel – 5 min.*

(1) August 20th agenda

b. Eviction/Section 8/Foreclosure – 3 min.*

c. Habitable & Sustainable Housing (HASH) – 5 min.*

(1) August 6th agenda

d. IRA, AGA and Registration – 3 min.*

e. Outreach – 5 min.*

(1) August 12th agenda

f. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 5 min.*

g. Ad Hoc Committee on Technology Issues – 3 min.*

h. Updates and Announcements regarding future Special Meetings – 3 min.*

i. Discussion of items for possible placement on future agenda – 3 min.*


10. CLOSED SESSION – Pursuant to California Government Code Sections 54957(b) and 54956.9(d), the Board will convene in closed session to consider confidential personnel matters and potential litigation.

Pursuant to California Government Code Section 54956.9(d)(1), the Board also will convene in closed session for an update on litigation:


Berkeley Rent Housing Coalition v. City of Berkeley Rent Stabilization Board (California Court of Appeal 1st Appellate District Case #A160652/Alameda County Superior Court Case #RG19018001)

Pariset v. Superior Court of California, County of Sacramento [Respondent]; City of Sacramento et al. [Real Party in Interest] (California Court of Appeal, 3rd Appellate District Case #C092381/ Superior Court Case #24-2020-00280755-CU-MC-GDS) – Amicus brief


11. 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.

COMMUNICATIONS DISCLAIMER: 

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.    

Home | Web Policy | Text-Only Site Map | Contact Us
Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###