RENT STABILIZATION BOARD Regular Meeting Approved Minutes

Transcription

1 Rent Stabilization Board RENT STABILIZATION BOARD Regular Meeting Approved Minutes Maudelle Shirek Building 2134 Martin Luther King Jr. Way 7:00 p.m. Council Chambers, Second Floor Broadcast Live on KPFB 89.3 and BTV Cable Channel 33 Live Webcasting at 1. Roll call Chair Townley called the meeting to order at 7:07 p.m. Aimee Mueller called roll. Commissioners present: Chang (arrived 7:41), Dodsworth (left 9:30), Harr, Hunt, Laverde, Selawsky, Shelton (arrived 7:08), Soto-Vigil, Townley Commissioners absent: None Staff present: Brown, Kelekian, Mueller 2. Approval of Agenda M/S/C (Soto-Vigil/Selawsky) APPROVE AGENDA WITH THE FOLLOWING CHANGES: MOVE ACTION ITEMS 5.a.(4) AND 5.a.(7) TO CONSENT; MOVE CONSENT ITEMS 4.a AND 4.b TO ACTION. Voice vote. Carried: ABSENT: Chang, Dodsworth. 3. Public Forum There were eight speakers: Carroll Huff spoke in support of the Eviction Defense Center; Marc Janowitz spoke in support of the East Bay Community Law Center; Paul Parrish spoke in support of Item 5.a.(7); Jasper Hendrix expressed concern regarding Item 5.a.(2); Jeff Brooks spoke about both positive and negative interactions with Rent Board staff; the new Cal in Local Government interns at the Rent Board, Anaya Sreekanth, Dulce Molina and Jonathan Hsu introduced themselves to the Board and spoke about why they chose internships with the Rent Stabilization Program. 4. CONSENT ITEMS a. Approval of the July 18 th Regular Meeting minutes Moved to Action by an earlier vote on approval of Agenda. b. Adding Consent Calendar Rules to the Board Meeting Procedures Moved to Action by an earlier vote on approval of Agenda Milvia Street, Berkeley, California TEL: (510) (981-RENT) TDD: (510) FAX: (510)

2 Page 2 c. Request to reimburse Chair Townley and Commissioner Soto-Vigil for stipend deductions Action Items 5.a.(4) and 5.a.(7) were moved to Consent by an earlier vote on approval of the Agenda. M/S/C (Townley/Laverde) MOVE CONSENT ITEMS 4.c. AND 5.a.(4) AS WRITTEN. Voice vote. Carried: ABSENT: Chang. M/S/C (Townley/Laverde) MOVE CONSENT ITEM 5.a.(7) AS WRITTEN. Voice vote. Carried: NO: Hunt; ABSENT: Chang; RECUSED: Selawsky. The following votes are for Items 4.a. and 4.b. which were moved from Consent to Action by an earlier vote on approval of the Agenda. Item 4.a. M/S/C (Selawsky/Laverde) APPROVE JULY 18, 2016 REGULAR MEETING MINUTES WITH THE FOLLOWING CHANGES: THE REPORT IN ITEM 6.b.(5) ATTRIBUTED TO THE RESILIENCE AND SUSTAINABILITY COMMITTEE SHOULD BE ATTRIBUTED TO THE HABITABILITY COMMITTEE UNDER ITEM 6.b.(6), AND VICE VERSA; THE REPORT UNDER ITEM 6.b.(3). SHOULD BE CORRECTED TO READ they have referred this issue to the Outreach Committee. Voice Vote. Carried: ABSENT: Chang. Item 4.b. M/S/C (Laverde/Harr) MOVE WITH THE FOLLOWING AMENDEMNTS: (1) ANY ITEM PULLED FROM CONSENT WILL BE ADDED TO ACTON IN NUMERICAL ORDER; (2) IF FOUR OR MORE MEMBERS OF THE PUBLIC OPPOSE A CONSENT ITEM, IT GETS AUTOMATICALLY MOVED TO ACTION. Voice vote. Carried: ACTION ITEMS a. From Board Members, Executive Director and Committees (1) Proposed Rent Board Endorsement of Measure AA Changes to the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. Chapter 13.76) (Chair Townley, Vice-Chair Harr and Commissioner Laverde) M/S/C (Selawksy/Laverde) MOVE RENT BOARD ENDORSEMENT OF MEASURE AA. Voice vote. Carried: NO: Hunt.

3 Page 3 (2) Recommendation that Rent Board endorse a Yes vote on Measure U1 and a No vote on Measure DD (Chair Townley, Vice-Chair Harr and Commissioner Laverde) M/S/C (Harr/Chang) MOVE RECOMMENDATION AS WRITTEN. Roll call vote. YES: Chang, Dodsworth, Harr, Laverde, Selawsky, Shelton, Soto-Vigil, Townley; NO: Hunt; ABSTAIN: None; ABSENT: None. Carried: (3) Recommendation for Eviction/Section 8/Foreclosure Committee s proposed work with staff regarding Tenant Buyout Agreements (Vice-Chair Harr and Commissioner Laverde) M/S/C (Harr/Laverde) MOVE ITEMIZED RECOMMENDATION IN STAFF REPORT AS WRITTEN. Voice vote. Carried: NO: Hunt. (4) Recommendation that the Board endorse Measure E1 Berkeley Unified School District s Berkeley Schools Excellence Program (BSEP) ballot measure (Commissioners Selawsky and Soto-Vigil) THIS ITEM WAS MOVED TO CONSENT BY AN EARLIER VOTE ON APPROVAL OF THE AGENDA. (5) Recommendation that the Board request that City Council amend the Berkeley Municipal Code (BMC) Section (c) to revise outdated cost of providing alternative housing (Commissioners Laverde and Selawsky) M/S/C (Selawsky/Laverde) MOVE RECOMMENDATION AS WRITTEN. Voice vote. Carried: (6) Recommendation that the Outreach Committee forward its Problem Properties Project to the Habitability Committee for review (Habitability Committee) M/S/C (Chang/Dodsworth) MOVE RECOMMENDATION AS WRITTEN. Voice vote. Carried: (7) Recommendation to amend Board Resolutions and to increase funding for the Eviction Defense Center and the East Bay Community Law Center (Budget & Personnel Committee) THIS ITEM WAS MOVED TO CONSENT BY AN EARLIER VOTE ON APPROVAL OF THE AGENDA. (8) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties (Executive Director) Administrative Waivers Waiver No. Property Address Hillegass Avenue

4 Page 4 Ministerial Waivers Waiver No. Property Address Carleton Street Fairview Street Boise Street Bancroft Way Discretionary Waivers Waiver No. Property Address Canyon Road Carleton Street Virginia Street Virginia Street Virginia Street th Street Commissioner Hunt pulled Waiver Nos. 4554, 4581, 4582, and 4583 for discussion. M/S/C (Selawsky/Laverde) APPROVE THE STAFF RECOMMENDATION FOR ALL ADMINISTRATIVE AND MINISTERIAL WAIVERS AS WRITTEN, AND THE STAFF RECOMMENDATIONS FOR DISCRETIONARY WAIVERS 4568 AND Voice vote. Carried: MSC (Selawsky/Harr) APPROVE STAFF RECOMMENDATION FOR WAIVER NO Voice vote. Carried: ABSTAIN: Hunt* *Commissioner Hunt stated that she abstained because she was ambivalent about the proposal. M/S/C (Selawsky/Chang) APPROVE STAFF RECOMMENDATIONS FOR DISCRETIONARY WAIVER NOS. 4581, 4582 AND Voice vote. Carried: INFORMATION AND ANNOUNCEMENTS All items below were mentioned and/or briefly discussed. Underlined items have additional comments and/or information. a. Reports from Board Members/Staff (1) Copy of September 27, 2016 Rent Board report to the City Council recommending that the Ellis Act relocation assistance be adjusted (Executive Director) (2) Copy of job announcement for the Rent Board Deputy Director position (Executive Director) The Executive Director informed the Board that the final application

5 Page 5 deadline is still undetermined. The Budget and Personnel Committee would like to extend the deadline, but this may not be possible. (3) Update on Assembly Bill 2819 (Chiu) protecting the privacy, credit and reputation of tenants Verbal (Executive Director) Staff Attorney Brendan Darrow informed the Board about the substance and passage of AB 2819, and noted that the effort to create and pass this bill originated in Berkeley. (4) Measure Y Tracking Report (July 2013 June 2016) to Eviction/Section 8/Foreclosure Committee (Eviction/Section 8/Foreclosure Committee) The Executive Director said an amended report with address data and a color-coded map will be provided at the next Board meeting. (5) September 20, 2016 Council item from the City Manager titled, Reserving Very Low-Income In Lieu Units for Households Holding Section 8 Vouchers and Shelter Plus Care Certificates: Amending BMC Section (Executive Director) (6) September 20, 2016 Council item from Councilmember Worthington titled, City Manager Referral: Disability Exemption or Amendment to Demolition Ordinance (Executive Director) (7) Rent Board s August 10, 2016 Landlord in Berkeley 101 seminar flyer (Executive Director) (8) Rent Board s September 6, 2016 Owning Rental Property in Berkeley workshop flyer (Executive Director) (9) Rent Board staff at events in the community Verbal (Executive Director) (10) September 14, 2016 Tenant Rights/Responsibilities on Habitability/Lease Breaking/Petition Process seminar flyer (Executive Director) (11) September 8, communication to Commissioner Chang from Brian Chesky, CEO and Co-Founder of Airbnb, Inc. (Commissioner Chang) (12) July 15, 2015 Bay Area News Group article by Greg McConnell titled, Bay Area needs balanced approach to affordable housing (Commissioner Hunt (13) July 15, 2015 Oakland Tribune article by Mike Blasky titled, Mystery donor gives $34 million to Oakland (Commissioner Hunt) (14) July 20, 2016 East Bay Times article by David DeBolt titled, Oakland: Council approves measures to curb rent hikes (Commissioner Laverde) (15) July 25, 2016 CBC News (British Colombia) article titled, Province to tax foreign buyers of Metro Vancouver homes (Commissioner Laverde) (16) July 27, 2016 Los Angeles Daily News article by Dakota Smith titled, Developer scraps controversial hotel plan for Hollywood s Villa Carlotta (Commissioner Laverde)

6 Page 6 (17) July 29, 2016 Silicon Valley Business Journal article by Bryce Druzin titled, San Jose Chamber shifts position on county housing bond (Commissioner Laverde) (18) July 31, 2016 East Bay Times article by Richard Scheinin titled, Bay Area affordability crisis causing small businesses to lose valued employees (Commissioner Laverde) (19) August 7, 2016 The Washington Post article by Emily Badger titled, The next big fight over housing could happen, literally, in your back yard (Commissioner Laverde) (20) August 8, 2016 San Francisco Business Times article by Riley McDermid titled, Airbnb rakes in $850 million in funding, raises value to $30 billion (Commissioner Laverde) (21) August 10, 2016 East Bay Times article by Richard Scheinin titled, Palo Alto planning commissioner quits over high housing cost (Commissioner Laverde) (22) August 10, 2016 The San Diego Union-Tribune article by Phillip Molnar titled, San Diego rent increases fastest at the bottom (Commissioner Laverde) (23) August 11, 2016 San Francisco Business Times article by Richard Procter titled, San Francisco rental growth slows, landlords offer incentives (Commissioner Laverde) (24) August 12, 2016 The Post News Group article by Tulio Ospina titled, Senate Candidate Swanson Looks at Negative Impact of Costa-Hawkins Act (Commissioner Hunt) (25) August 14, 2016 IndyBay.org article by Lynda Carson titled, Rent increases in least expensive apartments show need for rent control (Commissioner Laverde) (26) August 17, 2016 Los Angeles Daily News article by Dakota Smith titled, LA City Council panel backs plan to protect renters from unscrupulous landlords (Commissioner Laverde) (27) August 23, 2016 The Daily Journal article by Samantha Weigel titled, Who s weighing in on San Mateo rent control debate? (Commissioner Laverde) (28) August 23, 2016 San Francisco Chronicle article by Rachel Swan titled, Ruling expected to favor low-income residents of Oakland hotel (Commissioner Laverde) (29) August 24, 2016 Bay Area News Group article by Dan Walters titled, California fidgets while housing shortage grows (Commissioner Hunt) (30) August 24, 2016 Bay Area News Group article by Tammerlin Drummond titled, Relief in sight for tenants? Building owner accused of creating hardship to force our low-income elderly (Commissioner Hunt)

7 Page 7 (31) August 24, 2016 The Guardian article by Sam Levin titled, It s a catastrophe : Low-income workers get priced out of California beach city (Commissioner Laverde) (32) August 29, 2016 The Post News Group article by Tulio Ospina titled, Two SF Families Being Evicted After Landlord Skips Town (Commissioner Hunt) (33) August 30, 2016 Mountain View Voice article by Andrea Gemmet titled, Resident suing to take rent control measure off ballot (Commissioner Laverde) (34) August 30, 2016 The Press Democrat article by Kevin McCallum titled, Santa Rosa enacts rent control, capping increases on 11,000 units (Commissioner Laverde) (35) August 30, 2016 Yes! Magazine article by Brooke AndersonDavin Cardenas titled, Meet the Farmworker Who Helped Win Rent Control in California s Wine Country (Commissioner Laverde) (36) September 1, 2016 SFGate.com article by Rachel Swan titled, Public health problems in Oakland linked to housing crisis (Executive Director) (37) September 1, 2016 The Post News Group article by Tulio Ospina titled, Yes on Measure JJ Campaign Kicks Off to Protect Oakland Renters (Commissioner Hunt) (38) September 2, 2016 The Post News Group article by Sydney Johnson titled, Report: Rise in Housing Costs Leads to Poorer Health in Bay Area (Commissioner Hunt) (39) September 9, 2016 The Press Democrat article by Kevin McCallum titled, Signers of anti-rent control petition in Santa Rosa can strip names (Commissioner Laverde) (40) September 10, 2016 San Francisco Chronicle article by Kathleen Pender titled, Rent control spreading to Bay Area suburbs, to economists dismay (Commissioner Laverde) (41) September 12, 2016 Los Angeles Times article by Liam Dillon titled, An aggressive proposal that touched a lot of nerves : Why Gov. Brown s plan to stem the housing crisis failed (Commissioner Laverde) (42) September 12, 2016 The Richmond Standard article titled, Are Rent Control Advocates Similar to Climate Change Deniers? (Commissioner Laverde) (43) September 13, 2016 BeyondChron.org article by Randy Shaw titled, Landlords Recycle Rent Control Falsehoods (Vice-Chair Harr) b. Updates and Announcements regarding Committee/Board Meetings (1) Budget and Personnel Committee Chair Selawsky said the Committee and staff are investigating alternate venues for Board meetings, including the UC campus, and noted that the Executive Director has already updated the Board on recruitment for the Deputy Director position. Selawsky said the City of Berkeley point person

8 Page 8 on hoarding and collecting is going to talk to the Committee in the next few months. a. September 13 th agenda (2) Outreach Nothing to report. a. September 9 th agenda (3) IRA, AGA and Registration Committee Chair Townley stated that the Committee had discussed the Consent Calendar rules that were voted on earlier this evening. Their next meeting will be Friday September 23, a. August 19 th agenda (4) Eviction/Section 8/Foreclosure Committee Chair Hunt said the Committee discussed getting additional information from the Eviction Defense Center and the East Bay Community Law Center. a. August 3 rd agenda b. August 3 rd minutes c. September 7 th agenda (5) Resilience and Sustainability Committee Chair Townley said the Committee met last Thursday and had a very productive meeting. They re working with the City s Resiliency Officer on the Green Lease. In addition, there are still 108 out of 327 soft story buildings that need to be retrofitted. The Committee also discussed adding a less is more policy to their Work Plan that involves measures to save paper and digitize documents to ensure information is protected in the event of a disaster. Finally, Commissioner Selawsky is reviewing information related to a potential external disaster recovery plan for rental housing. a. August 11 th meeting cancelled No quorum b. September 8 th meeting cancellation notice c. September 15 th agenda (6) Habitability Committee Chair Laverde said the last meeting was cancelled due to the lack of quorum. The next meeting is October 4, a. August 23 rd meeting cancelled No quorum (7) 4 x 4 City Council/RSB Housing Committee Chair Townley said the last meeting was very informational. The Committee talked about short-term rentals and the Nexus Study on demolition fees. The Committee also discussed the Rental Housing Safety Program and the possibility of increasing the fee, which has not

9 Page 9 changed in years, to fund the hiring of a manager and inspectors. Vice-Chair Harr announced she plans to put something forward in the October Board packet regarding suggestions for City Council around the Short-Term Rental Ordinance. a. September 2 nd agenda (8) Ad Hoc Committee on the Effects of Costa-Hawkins Committee Chair Laverde said they have a format for the public hearing but have decided to delay it until spring as public participation will likely be better after the freneticism of election season has passed; the Committee is still considering venues for the public hearing. The new interns will be invited to the next Committee meeting so they can get involved. a. July 27 th agenda b. August 3 rd agenda (9) Ad Hoc Committee on Paperless Agendas Chair Townley reported that he had not organized this committee yet, but will do so in the near future. Commissioner Chang announced his intention to participate. (10) Ad Hoc Committee on Short-Term Rentals Chair Townley announced that this Committee is suspended since the short-term rental issue was taken up by the 4 x 4 City Council/RSB Housing Committee. a. August 2 nd agenda (11) Future Special Meetings None. c. Discussion of items for possible placement on future agenda Add Measure Y report with color map to the top of the Information Items section on the next agenda. At this point, Chair Townley announced that the Board would adjourn to reconvene in Closed Session to discuss the items listed below. CLOSED SESSION The Board will convene in closed session for an update on litigation pursuant to California Government Code Section (d)(1): John Sheehe et al. v. Anne Kihagi, 1263 N. Crescent, LLC, AQUAT 009, LLC, and NIVO-1, LLC (Case No. B259455) Winslett v th Avenue LLC, Yuval Sagi, et al, (California Court of Appeal First Appellate District, Division Four Case No. A146932) Kessinger v. City of Berkeley Rent Stabilization Board (Case No. RG ) Huang v. City of Berkeley Rent Stabilization Board, (Case No. RG ) Torres, et. al. v. City of Berkeley Rent Stabilization Board (Case No. RG )

10 Page 10 Board-Initiated hearings: Rent Stabilization Board v. Perez (Petition Nos. RWN 1583/1584 Consolidated Petitions) Rent Stabilization Board v. Cheng (Petition No. RWN 1582) FOLLOWING THE BOARD S RETURN FROM CLOSED SESSION, CHAIR TOWNLEY ANNOUNCED THAT NO ACTION HAD BEEN TAKEN. 7. ADJOURNMENT The meeting was adjourned at 10:18 p.m.