Rent Stabilization Board
Rent Stabilization Board

RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, May 6, 2002
7:00 p.m.

APPROVED

Members Present: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti

Absent: None

Staff Present: Gelb, Kelly, Tine, Wyche

Item 1. Roll Call - 7:12PM

Item 2. Approval of the Agenda . APPROVED AS WRITTEN. M/S/C ( Siegel/Harris) Voice vote. Passed: 9-0-0-0.

Item 3. Public Forum. There were no speakers.

Item 5.a. Appeal T-3972-3975 - 2826 Telegraph Avenue, #5-8. M/S/C (Hogarth/Maldonado) REMAND SECTION II ON PAGE 2 OF THE DECISION TO HEARING EXAMINER TO SET A NEW HEARING TO HEAR MS. REYNA'S TESTIMONY PREVIOUSLY GIVEN AT THE SETTLEMENT CONFERENCE REGARDING HER HEALTH CONCERNS IN ORDER TO DETERMINE IF A GREATER RENT REDUCTION IS WARRANTED ON UNIT 6. Roll call vote. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Hogarth, Alberti; No: None; Abstain: Janowitz; Recused: Siegel. Passed: 7-0-1-0-1

M/S/C (Bernay/Alberti) TO AFFIRM HEARING EXAMINER'S DECISION ON DENYING THE REQUEST FOR WAIVER OF THE APPEAL FILING FEE. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Alberti; No: Hogarth; Abstain: None; Absent: None; Recused: Siegel. Passed: 7-1-0-0-1

M/S/C (Hogarth/Spector) TO REMAND TO HEARING EXAMINER THE ISSUE OF NOISE VIOLATIONS TO DETERMINE AN APPROPRIATE RENT REDUCTION TO BE GRANTED TO APARTMENTS 6, 7 AND 8, WITH THE UNDERSTANDING THAT APARTMENT 8 WAS MOST AFFECTED BY THE NOISE, THEREFORE SHOULD RECEIVE A LARGER REDUCTION IN RENT. BOARD REQUESTS THAT THIS MATTER BE CONSIDERED A PRIORITY AND PROCESSED EXPEDITIOUSLY. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Alberti, Hogarth; No: None; Abstain: None; Absent: None; Recused: Siegel. Passed: 8-0-0-0-1

M/S/C (Spector/Maldonado) TO INCREASE HEARING EXAMINER'S DECISION OF 20% RENT REDUCTION TO 35% FOR THE SEVEN-MONTH PERIOD THAT USE OF APARTMENTS #5 - 8 WERE IMPAIRED BY RENOVATION WORK. TO ACCEPT THE HEARING EXAMINER'S DECISIONS ON ALL OTHER ISSUES NOT ALREADY ADDRESSED BY THE BOARD. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Alberti; No: Hogarth; Abstain: None; Absent: None; Recused: Siegel. Passed: 7-1-0-0-1

Item 5.b. Appeal T - 4069 - 2826 Telegraph Avenue, #2. - Substitute motion. M/S/F (Maldonado/Spector) TO INCREASE HEARING EXAMINER'S DECISION OF $10. TO $30. PER MONTH FOR A REDUCTION IN PARKING. Roll call vote. Yes: Maldonado, Spector; No: Janowitz, Anderson, Bernay, Harris, Hogarth, Alberti; Abstain: None; Absent: None; Recused: Siegel. Failed: 2-6-0-0-1

M/S/C (Hogarth/Harris) TO ACCEPT THE HEARING EXAMINER'S DECISION. Roll call vote. Yes: Anderson, Bernay, Harris, Hogarth, Alberti; No: Maldonado, Janowitz, Spector; Abstain: None; Absent: None; Recused: Siegel. Passed: 5-3-0-0-1

6.a. (1) RECOMMENDATION THAT THE BOARD REVIEW THE ATTACHED MEMORANDUM FROM LEGAL STAFF WHICH CONCLUDES THAT THE BOARD DID NOT COMPLY WITH THE REQUIREMENTS OF THE BROWN ACT IN THE SELECTION OF PANELS AND MEMBERS OF PANELS TO ASSIST THE RENT BOARD IN SELECTING A NEW EXECUTIVE DIRECTOR, AND THAT THE BOARD RECONSIDER THE ESTABLISHMENT OF PANELS FOR HIRING A NEW EXECUTIVE DIRECTOR, INCLUDING WHETHER IT WANTS PANELS, AND IF SO WHAT KIND, AND HOW THEY SHOULD BE CONSTITUTED AT THIS MEETING. M/S/C (Bernay/Spector) TO ACCEPT RECOMMENDATION AS WRITTEN. Roll call vote. Passed unanimously: 9-0-0-0

6.a.(2) RECOMMENDATION THAT THE BOARD ESTABLISH THREE INTERVIEW PANELS WITH THREE TO FIVE PEOPLE EACH TO ASSIST THE BOARD IN SELECTING A NEW EXECUTIVE DIRECTOR: A PROFESSIONAL PANEL, A COMMUNITY PANEL AND AN EMPLOYEE PANEL. M/S/C (Anderson/Alberti) TO ACCEPT RECOMMENDATION AS WRITTEN. Roll call vote. Passed unanimously: 9-0-0-0

6.a.(3) RECOMMENDATION THAT THE PROFESSIONAL PANEL CONSIST OF TWO CURRENT OR FORMER EXECUTIVE DIRECTORS FROM OUTSIDE RENT BOARDS, TWO TOP MANAGEMENT FROM OTHER BERKELEY CITY DEPARTMENTS AND/OR AGENCIES AND ONE OF THE FOLLOWING SENIOR RENT BOARD SUPERVISORS: DONALD TINE, BRIAN KELLY OR THOMAS BROUGHAM. M/S/C (Siegel/Bernay) TO ACCEPT RECOMMENDATION WITH THE FOLLOWING SELECTION PROCESS. THE TWO TOP MANAGERS FROM OTHER BERKELEY CITY DEPARTMENTS AND/OR AGENCIES WILL BE CONTACTED IN WRITING BY EXECUTIVE RECRUITER BILL HAWKINS IN THE FOLLOWING DESCENDING ORDER: (1) WELDON RUCKER, CITY MANAGER, (2) STEVEN BARTON, HOUSING DIRECTOR, (3) PHIL KAMLARZ, DEPUTY CITY MANAGER, (4) RICK MATTESSICH, ACTING DIRECTOR HOUSING AUTHORITY, (5) A MEMBER OF HOUSING ADVISORY COMMISSION (HAC), (6) MANUELA ALBUQUERQUE, CITY ATTORNEY OR ZACH COWAN, ASSISTANT CITY ATTORNEY. Roll call vote. Passed unanimously: 9-0-0-0

6.a.(4) RECOMMENDATION THAT THE COMMUNITY PANEL CONSIST OF PERSONS FROM ORGANIZATIONS THAT PROVIDE EVICTION DEFENSE SERVICES TO THE BOARD, OTHER COMMUNITY ACTIVISTS AND OTHER COMMUNITY REPRESENTATIVES. M/S/C (Siegel/Bernay) TO ACCEPT RECOMMENDATION TO INCLUDE THE SELECTION PROCESS AS FOLLOWS. A REPRESENTATIVE FROM ONE OF THE FOLLOWING PROVIDERS: EAST BAY COMMUNITY LAW CENTER, EVICTION DEFENSE CENTER, HOUSING RIGHTS, INC.; THREE INDIVIDUALS SHALL BE CHOSEN FROM THE FOLLOWING COMMUNITY GROUPS IN THIS ORDER: (1) GREY PANTHERS OR COALITION ON AGING, PARTICIPANT TO BE DETERMINED AMONG THE TWO AGENCIES; (2) BERKELEY PROPERTY OWNERS ASSOCIATION, A MEMBER OF THEIR CHOICE; (3) ASUC/LRA, MEMBER OF THEIR CHOICE; (4) HAC, IF THEY ARE NOT INCLUDED IN THE PROFESSIONAL PANEL, A MEMBER OF THEIR CHOICE, (5) CENTER FOR INDEPENDENT LIVING, A MEMBER OF THEIR CHOICE. ALL GROUPS TO BE CONTACTED IN WRITING OR TELEPHONE BY EXECUTIVE RECRUITER BILL HAWKINS. Roll call. Passed unanimously: 9-0-0-0

6.a.(5) RECOMMENDATION THAT THE EMPLOYEE PANEL SHALL BE SELECTED AS FOLLOWS: EACH OF THE FIVE ADMINISTRATIVE UNITS OF THE AGENCY-ADMINISTRATION, PIU, REGISTRATION, HEARINGS AND LEGAL-SHALL CHOOSE REPRESENTATIVES TO BE ON THE PANEL; PROVIDED THAT AMONG THE FIVE REPRESENTATIVES THERE SHALL BE AT LEAST ONE PERSON FROM EACH OF THE THREE UNIONS. Substitute motion. M/S/F (Harris/Alberti) TO ACCEPT THE RECOMMENDATION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Harris, Alberti; No: Maldonado, Bernay, Spector, Siegel, Hogarth; Abstain: None; Absent: None. Failed: 4-5-0-0

M/S/C (Siegel/Bernay) TO ESTABLISH AN EMPLOYEE PANEL TO CONSIST OF ONE RENT BOARD EMPLOYEE TO REPRESENT EACH OF THE FOLLOWING GROUPS: LOCAL 790, LOCAL 535, LOCAL 1 AND UNREPRESENTED. THE UNION EMPLOYEES WILL BE SELECTED BY A PROCESS TO BE DETERMINED BY THE UNION SHOP STEWARDS REPRESENTING THE RENT BOARD AND THEIR LOCAL CHAPTER PRESIDENTS. CHAPTER PRESIDENTS TO BE CONTACTED IN WRITING OR TELEPHONE BY EXECUTIVE RECRUITER BILL HAWKINS. Roll call vote. Yes: Maldonado, Bernay, Spector, Siegel, Hogarth, Alberti; No: Janowitz, Anderson, Harris; Abstain: None; Absent: None. Roll call vote. Yes: Maldonado, Bernay, Spector, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None. Passed: 6-3-0-0

6.a.(7) RECOMMENDATION TO ADOPT A RESOLUTION TO AUTHORIZE THE EXECUTIVE DIRECTOR TO EXTEND THE AGREEMENT WITH THE CITY OF BERKELEY HOUSING DEPARTMENT FOR FISCAL YEAR 2002/2003, WHEREBY THE BOARD WILL PAY THE HOUSING DEPARTMENT NO MORE THAN $10,000 TO CONTINUE TO MONITOR CONTRACT COMPLIANCE OF THE BOARD'S COMMUNITY AGENCY SERVICE PROVIDERS. M/S/C (Hogarth/Bernay) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call. Passed unanimously: 9-0-0-0

6.a.(8) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXTEND THE CONTRACT WITH THE EVICTION DEFENSE CENTER (EDC) FOR FISCAL YEAR 2002/2003 FOR AN AMOUNT NOT TO EXCEED $61,954 FOR THE PROVISION OF SERVICES TO TENANTS IN BERKELEY. M/S/C (Bernay/Alberti) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None; Recused: Janowitz. Passed: 8-0-0-0-1

6.a.(9) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXTEND THE CONTRACT WITH EAST BAY COMMUNITY LAW CENTER (EBCLC) FOR FISCAL YEAR 2002/2003 TO CONTINUE TO PROVIDE SERVICES TO TENANTS IN BERKELEY. CONTRACT AMOUNT IS NOT TO EXCEED $83,500. M/S/C (Bernay/Alberti) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None; Recused: Janowitz. Passed: 8-0-0-0-1

6.a.(10) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXTEND THE CONTRACT WITH HOUSING RIGHTS, INC. (HRI) FOR FISCAL YEAR 2002/2003 TO CONTINUE TO PROVIDE SERVICES TO TENANTS IN BERKELEY. CONTRACT AMOUNT IS NOT TO EXCEED $48,400. M/S/C (Alberti/Hogarth) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Yes: Maldonado, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None; Recused: Janowitz. Passed: 8-0-0-0-1

6.a.(11) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO MODIFY THE CONTRACT WITH SEIFEL ASSOCIATES FOR FISCAL YEAR 2002/2003 TO PROVIDE THE YEAR 2003 ANNUAL GENERAL ADJUSTMENT (AGA) SURVEY REPORT, IN AN AMOUNT NOT TO EXCEED $12,000. M/S/C (Janowitz/Harris) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Passed unanimously: 9-0-0-0

6.a.(12) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXTEND THE CONTRACT WITH QUARTET FOR THE 2002/2003 FISCAL YEAR TO PROVIDE SERVICES FOR THE RENT TRACKING SYSTEM IN AMOUNT NOT TO EXCEED $10,000. M/S/C (Harris/Hogarth) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Yes: Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1

6.a.(13) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO MODIFY THE CONTRACT WITH BERKELEY COMMUNITY MEDIA FOR THE 2002/2003 FISCAL YEAR TO PROVIDE VIDEO BROADCASTING SERVICES IN AN AMOUNT NOT TO EXCEED $21,800, PLUS $1200 FOR ADDITIONAL SUPPLIES AND SERVICES PROVIDED ON A FEE BASIS. M/S/C (Janowitz/Alberti) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Yes: Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1

6.a.(14) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO MODIFY THE CONTRACT WITH CHRISTINE MINNEHAN AND ASSOCIATES FOR THE 2002/2003 FISCAL YEAR TO PROVIDE LEGISLATIVE SERVICES FOR THE NEXT FISCAL YEAR IN AN AMOUNT NOT TO EXCEED $33,400. M/S/C (Harris/Siegel) TO ADOPT RESOLUTION AS RECOMMENDED. Roll call vote. Yes: Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1

6.b.(1) RECOMMENDATION TO ADOPT A RESOLUTION ADOPTING A FISCAL YEAR 2002/2003 FINAL BUDGET AND ESTABLISHING THE ANNUAL REGISTRATION FEE. M/S/C (Harris/Spector) TO ADOPT RESOLUTION ADOPTING FISCAL YEAR 2002/2003 FINAL BUDGET AMOUNT OF $2,769,176 AND ESTABLISHING THE ANNUAL REGISTRATION FEE OF $124 PER UNIT. Roll call vote. Yes: Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1

Item 7. Announcements

(1) Budget/Personnel - No meeting scheduled.
(2) Community Education and Outreach - TBA
(3) Eviction - Monday, May 13 at 6PM at 2001 Center Street, 2nd Floor.
(4) IRA/AGA - Tuesday, June 4, 5:30PM at 2001 Center Street, 2nd Floor.
(5) Student Outreach and Internship - To be scheduled sometime in August.
(6) 3x3 City Council/RSB Housing Committee - No meeting scheduled.

Item 8. Adjournment was at 10:47PM.

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