Berkeley Rent Stabilization Board Meeting Agenda: 04/20/2023

RENT STABILIZATION BOARD
Regular Meeting
Thursday, April 20, 2023 - 6:30 p.m.
School District Board Room – 1231 Addison Street, Berkeley, CA 94702

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION.

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

To access this meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device by clicking on this URL: https://us06web.zoom.us/j/86985625124?pwd=UXJZMjRwM3FXQkJOSWMrTzhJYjhnQT09.  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 1-669-444-9171 and enter Webinar ID: 869 8562 5124 and Passcode: 917780. 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 a written communication for the Board’s consideration and inclusion in the public record, please email amueller@cityofberkeley.info with the Subject line in this format: “RENT BOARD MEETING PUBLIC COMMENT ITEM.” Please observe a 150-word limit. Email comments must be submitted to the email address above by 4:30 p.m. on the day of the meeting in order to be included.

Please be mindful that this will be a public meeting and all rules of procedure and decorum apply for both in-person attendees and those participating 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 DéSeana Williams, Executive Director, at (510) 981-7368 (981-RENT). The Rent Board may take action related to any subject listed on the Agenda.

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 the Disability Services Specialist at (510) 981-6418 (voice) or (510) 981-6347 (TDD) at least three (3) business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

RENT STABILIZATION BOARD
Regular Meeting
Thursday, April 20, 2023
6:30 p.m.
School District Board Room – 1231 Addison Street, Berkeley, CA 94702

Video Archive (pending)

AGENDA

*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. CLOSED SESSION – Pursuant to California Government Code Section 54956.9(a), the Board will convene in closed session for an update on litigation:
   
   Athan Magganas and Maxaco, LLC v. City of Berkeley Rent Stabilization Board (Alameda County Superior Court Case #22CV011758)
   
   Potential litigation: Alan Wofsy & Associates, a California corporation (dba Hearst Commons), on behalf of itself and all others similarly situated v. City of Berkeley Rent Stabilization Board (unfiled)
   
   Williams, et al. v. Alameda County, Alameda County Board of Supervisors, City of Oakland, Oakland City Council (United States District Court for the Northern District of California Case # 3:22-cv-01274-LB) – amicus brief
    
3. Land Acknowledgment Statement:  The Berkeley Rent Stabilization Board recognizes that the rental housing units we regulate are built on the territory of xučyun (Huchiun-(Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s landlords and tenants have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878 and since the Rent Stabilization Board’s creation in 1980. As stewards of the laws regulating rental housing, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. – 2 min.*
    
4. Approval of Agenda – 1 min.*
    
5. Introduction of Rent Board staff:  Shamika Cole and Kaleia Bethany – 5 min.*
    
6. Public Comment – 2 min. per speaker for non-agendized items*
    
7. Public Comment – 2 min. per speaker for items on the agenda*
    
8. CONSENT ITEMS – 1 min.*
   1. Approval of the March 16th regular meeting and public hearing minutes
       
   2. Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Executive Director/Registration Unit Manager)
      
      Ministerial Waivers
      Property Address
      
      893 NEILSON
      1230 BURNETT
      1305 KAINS
      455 ARLINGTON
      1136-1138 KEELER
      1737 PARKER
      2303-2309 CALIFORNIA
      1505-1507 DERBY
      1767 EUCLID #1
      2217 8TH ST
      1560 SCENIC
      
      Discretionary Waivers
      Waiver No.     Property Address
      
      W5079            2225 8TH
      W5080            2601 COLLEGE AVE #203
      W5081            2304 DERBY
       
9. ACTION ITEMS
   from Board Members, Committees, Executive Director or Staff
   
   Public comment will also be heard prior to the Board’s vote on each action item listed below – 1 min. per speaker.
   1. Chair Update (Chair Simon-Weisberg) – 5 min.*
       
   2. Special presentation on housing legislation by Brian Augusta, Rent Board Legislative Advocate – 30 min.*
      
      (1) State Legislative Report with discussion and possible Board action regarding several state legislative bills – 20 min.*
       
   3. Recommendation to adopt Resolution 23-10 authorizing the pass-through of a portion of the Fiscal Year 2023-2024 registration fee for fully-controlled rental units to certain tenants (Executive Director) – 5 min.*
       
   4. Recommendation to adopt Resolution 23-11 authorizing the Executive Director to increase the purchase order with ACRO Service Corporation by an additional amount not to exceed $40,000 for full-time temporary support for administrative tasks related to changes to the Eviction Moratorium (Executive Director) – 5 min.*
       
   5. Recommendation to adopt proposed amendments to Regulations 883 and 884 to streamline the waiver process – First reading (LIRA Committee) – 15 min.*
       
   6. Update and possible action on the waiver recommendation for Discretionary Waiver Number W5078 for 1951 Chestnut Street (Registration Unit Manager) – 10 min.*
       
10. INFORMATION, ANNOUNCEMENTS AND ARTICLES/MEDIA
    from Board Members, Committees, Executive Director or Staff
    
    NOTE:  The Board may vote to move Information Items to the Action calendar.
    1. Eviction Moratorium Communication Plan update (Website, Tenant/Landlord mailing/Workshop) – Verbal (Executive Director) – 5 min.*
        
    2. Updated Commissioner attendance at Board and Committee meetings, including unanticipated remote participation, through the 1st quarter of 2023 (Board Secretary) – 1 min.*
        
    3. Date to submit agenda topics/items for May’s regular Rent Board meeting is Monday, May 8th by 5:00 p.m. (Board Secretary) – 1 min.*
        
11. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
    1. Budget and Personnel Committee (Commissioner Walker, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Thursday, May 4th at 5:30 p.m.
        
    2. Eviction/Section 8/Foreclosure Committee (Commissioner Elgstrand, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Tuesday, June 13th at 6:00 p.m. 
       
       April 11th agenda
        
    3. Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Tuesday, May 2nd at 5:30 p.m.
       
       April 3rd agenda
        
    4. Outreach Committee (Vice-Chair Alpert, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Monday, May 8th at 5:30 p.m.
       
       April 10th agenda
        
    5. 4 x 4 Joint Task Force Committee on Housing: City Council/Rent Board – 5 min.*
       (Mayor Arreguín and Chair Simon-Weisberg, Co-Chairs)
       Next regularly-scheduled meeting:  Tuesday, May 2nd at 3:00 p.m.
        
    6. Ad Hoc Committee on Environmental Sustainability (Chair TBA) – 3 min.*
       Next meeting date:  Wednesday, May 3rd at 5:30 p.m.
        
    7. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District
       (Chair TBA) – 1 min.*
       Regularly-scheduled meeting date:  TBA
        
    8. Updates and Announcements – 5 min.*
        
    9. Discussion of items for possible placement on future agenda – 5 min.*
        
12. ADJOURNMENT