RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, January 18, 2007
7 PM

Webcast Video Archive

APPROVED 

Item 1. Call to Order - Chair Arreguin called the meeting to order at 7:07 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin, Blake, Chong, Harrison, Kavanagh, Overman, Stephens, Webster, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda. M/S/C (Harrison/Walden) APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 3. Public Forum. There were two speakers. (1) Mei-oy Gee, concerning the annual rate for interest paid to tenants on security deposit held by owner; (2) Frances McIntosh concerning Section 8 housing crisis.

Item 4. Minutes of December 18, 2006 regular meeting minutes. M/S/C (Overman/Webster) APPROVE REVISED COPY DISTRIBUTED AT THE MEETING, WHICH HAD THE FOLLOWING CHANGES: Item 4.a. The Executive Director, Jay, Kelekian, introduced the newly elected Boardmembers Lisa Stephens, Dave Blake, Pam Webster, Howard Chong and Chris Kavanagh and Item 4.d. last sentence…Chair Arreguin closed the nominations and called for a voice vote. Voice vote. Passed: 9-0-0-0.

Item 5. a. Appeal T-4733/RWN-1438 - 1929 Ashby Avenue. (Continued from December 18, 2006 meeting). (Stephens/Overman) TO HOLD OVER UNTIL NEXT MEETING TO ALLOW BOARD TO REVIEW THE ENTIRE TRANSCRIPT. Roll call vote. Passed 9-0-0-0.

Item 5.b. Appeal T-4755/C-254 - 1455 Spruce Street, #1. M/S (Overman/Webster) TO MOVE STAFF RECOMMENDATION ON BOTH ISSUES, THE RENT CEILING AMOUNT AND THE COMMON GROUND AREA. Commissioner Blake requested the two issues be bifurcated and Commissioner Overman agreed.

M/S/C (Overman/Webster) TO MOVE STAFF RECOMMENDATION ON THE RENT CEILING ISSUE, THAT $1700 IS THE BASE RENT AS ORIGINALLY AGREED BY THE PARTIES. Roll call. Yes: Arreguin, Blake, Chong, Harrison, Overman, Stephens, Webster; No: Kavanagh, Walden. Passed: 7-2-0-0.

M/S (Overman/Webster) TO MOVE THE STAFF RECOMMENDATION ON THE ISSUE OF THE COMMON GROUND. (This motion was eventually withdrawn by the maker and seconder.)

Substitute motion (Blake/Stephens) TO REMAND THE COMMON GROUND ISSUE TO THE HEARING EXAMINER TO DETERMINE IF CLOSING THE ACCESS TO THE SEPARATE PROPERTY, CURRENTLY BEING USED BY THE TENANT, WOULD AFFECT THE VALUE OF THE EXISTING LEASEHOLD.

M/S/C (Chong/Webster) TO TABLE THE ISSUE CONCERNING THE COMMON GROUND AREA UNTIL THE FEBRUARY MEETING TO GIVE THE PARTIES A CHANCE TO DISCUSS A SETTLEMENT. Roll call vote. Yes: Arreguin, Chong, Kavanagh, Overman, Webster; No: Blake, Harrison, Stephens, Walden. Passed: 5-4-0-0.

Item 6.a.(1) Approval of the proposed revised Board meeting schedule for 2007. M/S/C (Chong/Harrison) MOVE TO ADOPT THE REVISED 2007 MEETING SCHEDULE AS PROPOSED. Voice vote. Passed: 8-0-0-1. Absent: Arreguin.

Item 6.a.(2) Discussion and possible action in selecting committees and adhoc committees for 2007. M/S/C (Chong/Overman) TO ACCEPT CHAIR ARREGUIN'S WRITTEN RECOMMENDATION TO CONTINUE WITH THE CURRENT STANDING COMMITTEES, WHICH ARE BUDGET/PERSONNEL, OUTREACH, EVICTION, IRA/AGA, AND 4 X 4, AND REENACT THE AD HOC COMMITTEE ON THE SOFT STORY ORDINANCE AND NOT THE CONDO CONVERSION ORDINANCE AD HOC COMMITTEE. A friendly amendment was made by Commissioner Overman and accepted, TO CHANGE THE WORD "SUBCOMMITTEE" IN THE WRITTEN RECOMMENDATION TO "COMMITTEE." Another friendly amendment was made by Commissioner Stephens and accepted, TO RENAME THE IRA/AGA COMMITTEE TO THE IRA/AGA AND HABITABILITY COMMITTEE. Commissioner Chong amended his motion further with Commissioner Overman's acceptance, TO CHANGE THE NAME OF THE EVICTION COMMITTEE TO THE EVICTION/SECTION 8 COMMITTEE. Roll call vote. Yes: Blake, Chong, Harrison, Kavanagh, Overman, Stephens, Walden, Webster; No: Arreguin; Abstain: None; Absent: None. Passed: 8-1-0-0.

Item 7.a. Information and Announcements

(1) Press Release: National Organization on Disability (NOD) Announcing Top Cities in Disability Friendliness, Outreach. The Executive Director was pleased to read the announcement by the NOD that the City of Berkeley and Chicago will share $35,000 Accessible American Awards for 2006.

(2) Email announcing the 2007 Housing California Annual Conference, Building Homes, Building Hope, on April 23 - 25 at the Sacramento Convention Center. Executive Director reminded Boardmembers of the upcoming conference.

Item 7.b. Announcements of upcoming Committee/Board Meetings. Boardmembers agreed to wait to schedule committee meetings until Boardmembers have submitted their preferences to the Chair and he has had a chance to review and appoint Commissioners to selected committees.

(1) Budget and Personnel 

(2) Outreach 

(3) IRA/AGA and Habitability 

(4) Eviction/Section 8 

(5) 4x4 City Council/RSB Housing Committee 

(6) Ad Hoc Committee on Soft Story Ordinance 

(7) Future Special Meetings

Item 7.c. Discussion of items for possible placement on future agenda. 

(1) Determine if areas outside a property should be considered part of the leasehold; 

(2) Determine if Chair's order of voting should come last; 

(3) staff report on Section 8 status, including a response to the concerns expressed at public forum by Frances McIntosh; 

(4) staff report on fixed security deposit rate in response to the concerns expressed by public forum speaker Mei-oy Gee; 

(5) staff report on mold issues and the process by which they are addressed during hearing proceedings and Board discussion on ways to improve that process.

Item 8. Adjournment M/S/C (Stephens/Chong) Chair Arreguin adjourned at 9:56 p.m.