Berkeley Rent Stabilization Board Meeting Agenda: 11/18/2021
For links to individual agenda items for this meeting, please see below.
RENT STABILIZATION BOARD
Regular Meeting
Thursday, November 18, 2021
7:00 p.m.
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and City Council Resolution 70,030-N.S., 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 Resolution and the findings contained therein that the spread of COVID-19 continues to be a threat to the public health and that holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies. Therefore, 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://us06web.zoom.us/j/84792370759?pwd=bnF6Vm5iZ2RlUllLNVhLTENQcVdsUT09. 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 1-669-900-6833 and enter Meeting ID: 847 9237 0759 and Passcode: 326193. 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, email amueller@cityofberkeley.info with the Subject Line in this format: “RENT BOARD MEETING PUBLIC COMMENT ITEM.” Please observe a 150-word limit. 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 DéSeana Williams, Executive Director, at (510) 981-7368. The Rent Board may take action related to any subject listed on the Agenda.
RENT STABILIZATION BOARD
Regular Meeting
Thursday, November 18, 2021
7:00 p.m.
Zoom Video Archive (4:30)
*Times allotted for each item are approximate and may be changed at the Board’s discretion during the course of this meeting.
- Roll call – 1 min.*
- Approval of Agenda – 1 min.*
- Introduction of DéSeana Williams, Executive Director – 5 min.*
- Public Comment – 2 min. per speaker for items on the agenda*
- Public Comment – 2 min. per speaker for non-agendized items*
- SPECIAL PRESENTATION by the Anti-Eviction Mapping Project about the Berkeley Up-zoning Report (multiple presenters)
- SPECIAL PRESENTATION: “Housing Element Update” by Grace Wu, AICP, Senior Planner, City of Berkeley Land Use Planning Division
- 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. RWN-1649 (1905 Essex St.)
The Board originally ruled on this matter last year. A review of the record established that the decision did not suffer from prejudicial procedural errors and was supported by substantial evidence. For these reasons, the Board affirmed the decision of the hearing examiner on August 20, 2020.
The landlord thereafter filed a writ of administrative mandamus challenging the Board’s decision on several grounds. The Board set aside its Decision on Appeal at its April 15, 2021 meeting to grant Appellant further due process opportunity to be represented by counsel. According to the briefing schedule set forth by the Board’s legal unit, Appellant’s attorney timely submitted a new appeal brief on May 24, 2021. The attorney listed the following as the reasons the hearing examiner’s decision should be reversed:
1. The Board exceeded its authority by ruling that units not a part of the Petition are subject to registration requirements;
2. Commercial units are not subject to the Board’s registration requirements;
3. An “unknown and unpermitted” squatter’s use of a different address does not affect these proceedings; and
4. New construction is exempt from registration requirements.
Further review of the record establishes that the hearing examiner did not exceed his authority to rule on the issues before the Board and that the decision is based on sound legal reasoning and Board precedent. For these reasons, legal staff recommend that the decision of the hearing examiner be affirmed. - CONSENT ITEMS – 1 min.*
- ACTION ITEMS
- From Board Members, Committees, and Executive Director
(1) Discussion and possible action regarding adjusting policy that mandates that Board emails also be delivered to certain staff (Chair Simon-Weisberg & Executive Director) – 10 min.*
(2) Discussion and possible action regarding current and future Demolition Projects and Permits (Lief Bursell, Senior Planner) – 15 min.*
- From Board Members, Committees, and Executive Director
- INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES
Please Note: The Board may move Information Items to the Action Calendar.- Reports from Board Members/Staff
(1) Report regarding amnesty period forgiving registration penalties and administrative waivers for fully-controlled and Measure MM rental units (Registration Unit Supervisor Allison Pretto & Executive Director) – 15 min.*
(2) Market Medians report updated through June of 2021 (Executive Director) – 3 min.*
(3) Rent Board’s 2022 Annual General Adjustment (AGA) & Security Deposit Interest Information postcard (Executive Director) – 2 min.*
(4) Update on recent Rent Board outreach events (Executive Director) – 3 min.*
a. Wednesday, November 10th at 10:00 a.m. – Security Deposits: Rights & Responsibilities webinar
b. Monday, November 15th at 5:30 p.m. – Eviction Moratorium webinar
(5) September 27, 2021 The Daily Californian article by Matt Brown titled, “Last tenants of 1921 Walnut St. agree to vacate” (Executive Director) – 1 min.*
https://www.dailycal.org/2021/09/27/last-tenants-of-1921-walnut-st-agree-to-vacate-affordable-units/
(6) Date to submit agenda topics/items for the December 16th Rent Board meeting: Monday, December 6th
- Reports from Board Members/Staff
- COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
- Budget and Personnel Committee (Commissioner Selawsky, Chair) – 5 min.*
Next regularly-scheduled meeting: TBA - Eviction/Section 8/Foreclosure Committee (Commissioner Mendonca, Chair) – 5 min.*
Next regularly-scheduled meeting: Thursday, December 9th at 5:30 p.m. - IRA/AGA/Registration Committee (Commissioner Kelley, Chair) – 5 min.*
Next regularly-scheduled meeting: Wednesday, December 8th - Time TBA - Outreach Committee (Commissioner Laverde, Chair) – 5 min.*
Next regularly-scheduled meeting: Wednesday, November 17th at 5:00 p.m.
(1) November 17th agenda - 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District (Chair TBA) – 3 min.*
Regularly-scheduled meeting date: TBA - 4 x 4 Joint Committee on Housing: City Council/Rent Board – 5 min.*
Committee Co-Chairs: Mayor Arreguín and Chair Simon-Weisberg
Next regularly-scheduled meeting: Wednesday, December 8th at 3:00 p.m.
(1) October 27th agenda packet - Ad Hoc Committee on RSB Technology Issues (Chair TBA) – 1 min.*
Next meeting date: TBA - Updates and Announcements – 3 min.*
- Discussion of items for possible placement on future agenda – 3 min.*
- Budget and Personnel Committee (Commissioner Selawsky, Chair) – 5 min.*
- ADJOURNMENT
