Berkeley Rent Stabilization Board Meeting Agenda: 10/20/2022

*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.*
   
   CLOSED SESSION: Pursuant to California Government Code Section 54956.9(a), the Board will convene in closed session for an update on litigation:
   
   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
   
   Andrew Marowitz v. Berkeley Rent Stabilization Board (Alameda County Superior Court Case # RG19042977)
   
   Athan Magganas and Maxaco, LLC v. City of Berkeley Rent Stabilization Board (Alameda County Superior Court Case # 22CV011758)
   
   NCR Properties, LLC v. City of Berkeley (California Court of Appeal, First District, Division Three Case # A163003)
    
2. 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.
    
3. Approval of Agenda – 1 min.*
    
4. Public Comment – 2 min. per speaker for non-agendized items*
    
5. Public Comment – 2 min. per speaker for items on the agenda*
    
6. CONSENT ITEMS – 1 min.*
   1. Approval of the September 15, 2022 regular meeting minutes
       
   2. Recommendation to adopt Resolution 22-23 modifying the Staffing Model to add a 1.0 FTE in the Administrative and Fiscal Services Manager classification (Budget & Personnel Committee and Executive Director)
       
   3. Recommendation to adopt Resolution 22-24 authorizing the Executive Director to increase the purchase order with ACRO Service Corp. by an amount not to exceed $115,500 to hire three temporary staff to assist the Registration Unit with the 3Di data cleanup project (Budget & Personnel Committee and Executive Director)
       
   4. Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Executive Director/Registration Unit Manager)
      
      Ministerial Waivers
      Property Address
      
      1219 DWIGHT
      1625 HARMON
      2924 FLORENCE
      2935 MLK JR WAY
      2645 SHASTA
      2251 HILGARD
      2647 STUART
      770 HILLDALE
      2601 ETNA
      1801 DERBY
      
      Discretionary Waivers
      Waiver No.                 Property Address
      
      W5051                        1210 PERALTA
      W5052                        1418 HOLLY
      W5053                        2226 9TH ST
      W5054                        2817 8TH STREET
      W5055                        1708 EOLA ST
      W5056                        515 COLUSA
      W5057                        3216 BOISE ST
      W5058                        1134 KEELER
      W5059                        2760 MABEL ST
      W5060                        1350 SCENIC
      W5061                        2551 HILGARD
      W5062                        2337 BROWNING
      W5063                        2325 ROOSEVELT
       
7. APPEAL – 8:00 p.m.**
   **This appeal will not be heard before 8:00 p.m. but may be heard any time thereafter.
   
   Case No. T-5929 (2208 MLK Jr. Way, #6)
   
   Landlords Yun Mao and Ruihua Xi (“Landlords”), filed an appeal of a hearing decision granting in part and denying in part, Tenant Michael Cohn’s (“Tenant”) Petition for Individual Rent Adjustment (“petition”), seeking a rent ceiling reduction due to certain claimed substantial conditions of the rental unit located at 2208 Martin Luther King Jr. Way, Unit 6, Berkeley, California 94704 (“premises”).
   
   On appeal, Landlords dispute the rent ceiling reductions granted by the hearing examiner for the: (1) mouse infestation, (2) insufficient exterior lighting, (3) low hot water flow, and (4) code violations regarding the exterior deck and staircase. A review of the record shows that the hearing examiner’s decision is supported by substantial evidence. Landlords’ appeal repeats arguments and testimony previously submitted, makes confusing arguments, and calls for resolutions outside the scope of an appeal. The decision of the hearing examiner should be affirmed.
    
8. 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. Recommendation to adopt Resolution 22-25 authorizing the Executive Director to modify the scope of the contract with Kinnectics, LLC, and add $30,000 for the current fiscal year (Budget & Personnel Committee and Executive Director) - 10 min.*
       
   3. Recommendation to adopt Resolution 22-26 confirming the 2023 Annual General Adjustment (AGA) of 4.4 percent and order that the 2023 AGA be published as Regulation 1145 (General Counsel) – 5 min.*
       
   4. Recommendation to adopt Resolution 22-27 confirming that the 2023 relocation assistance payments for Owner Move-in and Ellis Act evictions shall increase by 6.8 percent effective January 1, 2023, and publishing the 2023 relocation payment amounts (General Counsel) – 5 min.*
       
9. 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. Update on Rent Board providing mediation services and technical assistance to the Town of Fairfax – Verbal (Executive Director) – 2 min.*
       
   2. Summary of Ellis Act Evictions through June 1, 2022 (Eviction/Section 8/Foreclosure Committee) – 2 min.*
       
   3. Owner Move-in Eviction Tracking Report (July 2019 - June 2022) (Eviction/Section 8/Foreclosure Committee) – 2 min.*
       
   4. Commissioner attendance at Board and Committee meetings updated through the 3rd quarter of 2022 (Board Secretary) – 1 min.*
       
   5. Rent Board staff to participate in the City of Berkeley’s Harvest Festival/Community Day on Saturday, October 15, 2022 from 11:00 a.m. - 4:00 p.m. in Cedar Rose Park (1300 Rose Street) – Verbal (Executive Director) – 1 min.*
       
   6. September 30, 2022 Berkeleyside article by Supriya Yelimeli titled, “Residents return to North Berkeley apartments after local land trust buys back building” (Chair Simon-Weisberg) – 1 min.*
      https://www.berkeleyside.org/2022/09/30/solano-avenue-ellis-act-eviction-north-berkeley
       
   7. Date to submit agenda topics/items for November’s regular Rent Board meeting: Friday, November 4th at 5:00 p.m.  NOTE: This is a hard deadline and will be enforced.
       
10. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
     
    1. Budget and Personnel Committee (Commissioner Chang, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Monday, Nov. 7th at 5:30 p.m.
       
       October 11th agenda
        
    2. Eviction/Section 8/Foreclosure Committee (Commissioner Mendonca, Chair) – 5 min.*
       Next regularly-scheduled meeting: Thursday, Oct. 27th at 5:30 p.m.
       
       September 22nd agenda
        
    3. Legislation, IRA/AGA & Registration Committee (LIRA Committee) (Commissioner Kelley, Chair) – 5 min.*
       Next regularly-scheduled meeting:  TBA
       
       September 21st agenda
        
    4. Outreach Committee (Commissioner Laverde, Chair) – 5 min.*
       Next regularly-scheduled meeting:  Wednesday, Oct. 19th at 5:30 p.m.
       
       September 21st agenda
       
       October 19th agenda
        
    5. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District (Chair TBA) – 3 min.*
       Regularly-scheduled meeting date:  TBA
        
    6. 4 x 4 Joint Task Force Committee on Housing: City Council/Rent Board – 5 min.*
       (Mayor Arreguín and Chair Simon-Weisberg, Committee Co-Chairs)
       Next regularly-scheduled meeting:  Wednesday, Oct. 26th at 3:00 p.m.
       
       September 28th agenda packet (Revised)
        
    7. Ad Hoc Committee on Rent Board Technology Issues (Commissioner Selawsky, Chair) – 3 min.*
       Next meeting date:  TBA
        
    8. Updates and Announcements – 3 min.*
        
    9. Discussion of items for possible placement on future agenda – 5 min.*
       
       CLOSED SESSION: Pursuant to California Government Code Section 54957(b)(1), the Board will also convene in closed session for a Public Employee Evaluation of Performance:
       
       Title: General Counsel
11. ADJOURNMENT