City of Berkeley
Rent Stabilization Board

Regular Meeting Minutes

Thursday, January 19, 2006
7 PM

APPROVED

Item 1. Call to Order - Chairperson Chong called the meeting to order at 7:05 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector (arrived at 7:10 p.m.)

Commissioners Absent: Walden 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda. M/S/C (Kavanagh/Arreguin) TO APPROVE AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Spector, Walden.

Item 3. Public Forum. There were no speakers.

Item 4. Legislative update by Christine Minnehan, Lobbyist. Christine Minnehan gave a report on the upcoming legislation.

Item 5. Approval of the December 5, 2005 regular meeting minutes. M/S/C (Arreguin/Kavanagh) APPROVE AS WRITTEN. Voice vote. Passed: 6-0-1-2 Abstain: Payne; Absent: Spector, Walden.

Item 6. Appeal T-4644; 1911 Martin Luther King, Jr. Way, #5. Chair Chong recused himself. M/S/C (Evans/Harrison) TO REMAND TO HEARING EXAMINER FOR FURTHER HEARING UNDER REDUCTION OF HOUSING SERVICES, REGULATION 1269, WITH PARTICULAR, ALTHOUGH NOT EXCLUSIVE FOCUS ON, THE FOLLOWING ISSUES: (1) WHETHER AND WHEN THE LEAK WAS REPAIRED; AND (2) THE EXTENT TO WHICH THE TENANT SUFFERED DAMAGE BECAUSE OF THE FAILURE TO MAKE THE REPAIRS, IF THE REPAIRS WERE NOT MADE BEFORE THE SUBTENANT MOVED OUT, AND INCLUDED AMONG THOSE DAMAGES THAT ARE COMPENSABLE IN THE DIMINUTION OF HOUSING SERVICES IS HER INABILITY TO HAVE SOMEBODY SHARE THE RENT. A Friendly Amendment was made by Commissioner Kavanagh and accepted. HEARING EXAMINER TO FURTHER CONSIDER WHETHER THE CONDUCT CAUSES REGULATION 1270(C) TO APPLY. Roll call vote. Yes: Arreguin, Evans, Harrison, Kavanagh, Overman, Payne, Spector; No: None; Abstain: None; Absent: Walden; Recused: Chong. Passed: 7-0-0-2

Item 7.a.(1) Proposal to consider amending the City Charter to revise the process for filling a vacancy on the Board. M/S/C (Chong/Overman) TO DIRECT THE EXECUTIVE DIRECTOR AND THE 4 X 4 COMMITTEE RENT BOARD PARTICIPANTS TO TAKE RESPONSIBILITY FOR PLACING A PROPOSAL BEFORE THE CITY COUNCIL FOR THE NOVEMBER ELECTION. Voice vote. Passed: 7-0-0-2 Absent: Payne, Walden.

Item 7.a.(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

90-Day Administrative Waivers (Informational Only)

The Board will be presented with two properties totaling $8,814, which has been administratively waived in accordance with Regulation 883(H).

Ministerial Waivers

Waiver No.      Property Address 
3312                 1520 Francisco Street 
3317                 2441 & 2443 McKinley Avenue 
3322                 2722 Russell Street

Discretionary Waivers

Waiver No.      Property Address 
3304                 2923 Florence Street 
3305                 1313 Curtis Street 
3306                 2325-10th Street 
3307                 2100 - 6th Street 
3310                 2037 Vine Street 
3315                 2630 Dana Street 
3316                 1211 Ashby Avenue 
3323                 2244 Russell Street

Commissioners pulled for further discussion all discretionary waivers with the exception of numbers 3305 and 3306.

M/S/C (Payne/Arreguin) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBERS 3305 AND 3305. Voice vote. Passed: 8-0-0-1 Absent: Walden

M/S/C (Evans/Harrison) BOARD WILL ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3304 IF THE BILLING ADDRESS IS CHANGED TO THE OWNER'S ADDRESS AND THE OWNER IS INFORMED THAT FUTURE WAIVERS MIGHT NOT BE GRANTED IF SHE DOES NOT TAKE RESPONSIBILITY FOR RECEIVING BILLING STATEMENTS. Voice vote. Passed: 8-0-0-1 Absent: Walden.

M/S/C (Chong/Evans) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3307. Voice vote. Passed: 8-0-0-1

M/S/C (Payne/Kavanagh) TO WAIVE 100% PENALTIES. Friendly Amendment by Commissioner Chong was accepted, TO IMPOSE A MINIMAL PENALTY OF $3.00 A UNIT FOR A TOTAL OF $24. Voice vote. Passed 7-0-1-1 Abstain: Spector; Absent: Walden.

M/S/C (Evans/Payne) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3315. Voice vote. Passed: 8-0-0-1

M/S/F (Evans/Harrison) TO POSTPONE WAIVER NUMBER 3316 UNTIL NEXT REGULAR MEETING FOR STAFF TO DETERMINE THE MEANING OF "NOT AVAILABLE FOR RENT." Roll call vote. Yes: Evans, Harrison, Spector; No: Arreguin, Chong, Overman, Payne; Abstain: Kavanagh; Absent: Walden. Motion failed: 3-4-1-1. Note: No further motions were made on Waiver Number 3316. Waiver will be carried over to the next regular Board meeting agenda.

M/S/F (Evans/Harrison) TO POSTPONE WAIVER NUMBER 3323 UNTIL NEXT REGULAR MEETING FOR STAFF TO DETERMINE THE MEANING OF "NOT AVAILABLE FOR RENT." Roll call. Yes: Evans, Harrison, Spector; No: Arreguin, Chong, Payne; Abstain: Kavanagh, Overman; Absent: Walden. Failed: 3-3-2-1.

M/S/C (Arreguin/Spector) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3323. Voice vote. Yes: Arreguin, Chong, Kavanagh, Overman, Payne; No: Evans, Harrison; Abstain: None; Absent: Walden. Passed: 5-3-0-1

Item 8. Announcement of Upcoming Committee Meetings:

Commissioner Arreguin announced that on February 21 the City Council is having a workshop on the Condominium Conversion Ordinance at 5:00 p.m. in the City Council Chambers and since the Rent Board will review the recommendation, he encouraged fellow Commissioners to attend.

Committee meetings will be scheduled after the 2006 Committee list is established. Once new committees are established and meeting dates are determined, the information will be available on www.ci.berkeley.ca.us/rent/.

(1) Budget and Personnel: TBA 

(2) Outreach: TBA 

(3) IRA/AGA: TBA 

(4) Eviction: TBA 

(5) 4 x 4 City Council/RSB Housing Committee: TBA

Item 9. Adjournment: M/S/C (Harrison/Arreguin) Moved to adjourn. Chair Chong adjourned at 9:46 p.m.