RENT STABILIZATION BOARD

Regular Meeting Minutes

Monday, April 17, 2006
7 PM

APPROVED

Item 1. Call to Order - Chairperson Chong called the meeting to order at 7:04 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin (arrived 7:06), Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden 

Staff Present: Kelekian, Kelly, Tine, Wyche

Item 2. Approval of the Agenda . M/S/C (Walden/Harrison) TO HEAR ITEMS 6.a.(2) and 6.a.(1) FIRST. Voice vote. Passed: 8-0-0-1. Absent: Arreguin.

Item 6.a.(2) First reading of proposal to adopt Regulation 1017 as a Permanent Regulation to Enable Landlords to Offer Housing to Disaster Victims at Below-Market Rental Rates Without Suffering Long-Term Financial Disadvantage. After a brief discussion, Commissioner Overman moved to table until after the time certain appeal hearings. Chair Chong accepted and tabled until after the appeal hearings. [PDF file, requires Adobe Acrobat Reader.]

Item 3. Public Forum. There was one speaker, Jesse Townley, speaking on behalf of the Berkeley Progressive Alliance, on the advantages of Instant Runoff Voting (IRV) and requested the support of the Rent Stabilization Board.

Item 5.a. Appeal T-4670; 3030 Regent Street, #16. (Continued from 2/23/06 meeting.) M/S/C (Overman/Kavanagh) TO REMAND THE PETITION TO THE HEARING EXAMINER TO CONSIDER THE FILE FOLDER OF DOCUMENTS THAT APPELLANT ATTEMPTED TO PRESENT AT THE INITIAL HEARING. Friendly amendment made by Commissioner Arreguin and accepted. TO REQUIRE ADEQUATE PROOF OF SERVICE AND THE ABILITY FOR BOTH PARTIES TO REBUT THE EVIDENCE AND TO AMEND THE HEARING EXAMINER'S DECISION BY INCREASING THE RENT REDUCTION FOR LACK OF HEAT FROM 20% TO 30% FROM MARCH 2004 TO WHATEVER END DATE THE HEARING EXAMINER BELIEVES TO BE APPROPRIATE GIVEN THE NEW EVIDENCE. Roll call vote. Yes: Arreguin, Chong, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: Evans; Absent: None. Passed: 8-0-1-0.

Item 5.b. Appeal D-15 - 2437 Piedmont Avenue, #109. Commissioner Evans recused himself. M/S/C (Arreguin/Harrison) TO AFFIRM STAFF RECOMMENDATION. Roll call vote. Yes: Arreguin, Chong, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: Evans (Recused). Passed: 8-0-0-1.

Item 5.c. Appeal D-16; 1911 Martin Luther King Jr. Way. Chair Chong recused himself and turned the meeting over to Vice Chair Payne. M/S/C (Overman/Arreguin) TO AFFIRM STAFF RECOMMENDATION. Roll call vote. Yes: Arreguin, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: Chong (Recused). Passed: 8-0-0-1.

Item 4. Approval of the March 20, 2006 regular meeting minutes. M/S/C (Arreguin/Evans) APPROVE WITH THE FOLLOWING CHANGES:  

ITEM 4. APPROVAL OF FEBRUARY 23, 2006 MEETING MINUTES SHOULD READ: APPROVE WITH THE FOLLOWING CHANGES: ITEM 2. APPROVAL OF AGENDA WAS MADE BY PAYNE NOT KAVANAGH; ITEM 5.b. MOTION WAS MADE BY EVANS AND SECONDED BY SPECTOR.

ITEM 5.c. APPEAL T-4678. MOTION BY ARREGUIN TO DENY THE APPEAL. Voice vote. Passed: 8-0-1-0. Abstain: Payne.

Item 6.a.(2) Consideration of language for November 2006 ballot measure to amend the City Charter to revise the process for filling a vacancy on the Rent Stabilization Board if a Commissioner is unable to complete his or her term.  M/S/C (Overman/Arreguin) TO MOVE THE CURRENT RECOMMENDATION FROM THE 4X4 COMMITTEE WITH A REVISION THAT IF THE BOARD CANNOT MAKE A DECISION TO FILL A VACANCY WITHIN 90 DAYS THE BOARD EMPOWERS THE RENT BOARD CHAIR TO MAKE AN APPOINTMENT OUT OF THE BOARD NOMINATED SELECTIONS. IN ADDITION, CLARIFICATION IS REQUESTED OF SUBSECTION 3 THAT THEY SERVE IN OFFICE UNTIL NOVEMBER 30 FOLLOWING THE NEXT GENERAL MUNICIPAL ELECTION. Friendly amendment by Arreguin and accepted: REVISE SECTION 12.2 OF SUBSECTION 2 TO READ AFTER THE 90 DAYS PORTION, "THE CHAIRPERSON OF THE BOARD MAY APPOINT A SUCCESSOR," INSTEAD OF "CITY COUNCIL" AND STRIKE ALL LANGUAGE THEREAFTER RELATIVE TO ORDERING A SPECIAL MUNICIPAL ELECTION.  [PDF file, requires Adobe Acrobat Reader.] 

Substitute motion was made by Evans, seconded by Spector: TO MOVE THE CURRENT RECOMMENDATION WITH THE FOLLOWING CHANGES: SECTION 12.2 OF SUBSECTION 2 FIRST PARAGRAPH LAST SENTENCE TO READ…"SHOULD THE RENT STABILIZATION BOARD FAIL TO FILL ANY VACANCY WITHIN 90 DAYS AFTER ITS OCCURRENCE, THE RENT STABILIZATION BOARD CHAIRPERSON MAY APPOINT A SUCCESSOR." IN ADDITION, SECTION 12.2 SUBSECTION 3 SHOULD CLARIFY THAT THE SUCCESSOR SHALL SERVE IN THE OFFICE UNTIL NOVEMBER 30 FOLLOWING THE NEXT GENERAL MUNICIPAL ELECTION. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Payne, Spector, Walden; No: Overman; Abstain: None; Absent: None. Passed 8-1-0-0.

Item 6.a.(1) Proposed adoption of Regulation 1017 as a Permanent Regulation to Enable Landlords to Offer Housing to Disaster Victims at Below-Market Rental Rates Without Suffering Long-Term Financial Disadvantage. M/S/C (Harrison/Evans) TO ADOPT REGULATION AS WRITTEN. Voice vote. Passed: 9-0-0-0.  [PDF file, requires Adobe Acrobat Reader.] 

Item 6.a.(3) Discussion of FY 2007 registration fee and determination if a public hearing in early May 2006 is necessary. Substitute motion by Evans seconded by Harrison. TO SCHEDULE A PUBLIC HEARING FOR THE PURPOSE OF RAISING THE REGISTRATION FEE NO MORE THAN $165.00 PER UNIT PER YEAR. Roll call vote. Yes: Evans, Harrison; No: Arreguin, Chong, Overman, Payne, Spector, Walden; Abstain: Kavanagh; Absent: None. Motion failed: 2-6-1-0.  [PDF file, requires Adobe Acrobat Reader.] 

M/S/C (Overman/Kavanagh) MAINTAIN REGISTRATION FEE AT $154 PER UNIT PER YEAR. Roll call vote. Yes: Arreguin, Chong, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: Evans; Abstain: None; Absent: None. Passed: 8-1-0-0.

Item 6.a.(4) Proposed letter to Alameda County Board of Supervisors to reinforce Mayor Bates' and the City Council's request concerning Instant Runoff Voting (IRV) or "ranked choice voting." M/S/C (Kavanagh/Overman) THAT THE BOARD DIRECT THE EXECUTIVE DIRECTOR TO CRAFT AND SEND A LETTER TO THE ALAMEDA COUNTY BOARD OF SUPERVISORS IN SUPPORT OF INSTANT RUNOFF VOTING IN THIS NOVEMBER 2006 ELECTION. Voice vote. Passed: 9-0-0-0.

Item 6.a.(5) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. 

Ministerial Waivers

Waiver No.      Property Address 
3333                 1437 MLK Jr. Way 
3334                 1444 Alcatraz Avenue/3306 Sacramento Street 
3335                 1600 Fairview Street 
3337                 2321-2323 10th Street 
3339                 2919 Otis Street 
3341                 1509 Curtis Street

Board made no objections to staff recommendations.

Item 6.a.(6) Proposal that the Board approve a resolution authorizing the Executive Director to increase the Fiscal Year 2005/2006 purchase order with Volt Temporary Services to an amount not to exceed $34,000. M/S/C (Overman/Spector) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Chong, Evans, Harrison, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: Arreguin, Kavanagh. Passed: 7-0-0-2.  [PDF file, requires Adobe Acrobat Reader.]

7.a. Reports from Boardmembers/Staff

(1) Update on Council Condo Conversion Workshop. Item postponed once again to May 16.

(2) 2/3-year budget update and initial year-end projections presented by the Executive Director.  [PDF file, requires Adobe Acrobat Reader.] 

(3) Market median report presented by Executive Director.  [PDF file, requires Adobe Acrobat Reader.] 

(4) Newsletter in Spanish attached to agenda.  [PDF file, requires Adobe Acrobat Reader.] 

(5) Webcasting numbers update presented by Executive Director. Over 60 people watched the Board's last meeting on the web live.

Staff apologized for technical difficulties at tonight's meeting and the Board requested that the Executive Director convert the video into a webcast that could be watched later.

(6) Tenants' Rights Week. Rent Board staff participated in the event.

(7) Housing 2006 California Conference reminder by Executive Director.

b. Announcements of upcoming Committee/Board Meetings. 

(1) Budget and Personnel - Next meeting: April 26 at 10 a.m. 

(2) Outreach - Next meeting: May 1 at 5:30 p.m. 

(3) IRA/AGA - Next meeting: May 10 at 6:30 p.m. 

(4) Eviction - TBA 

(5) 4x4 City Council/RSB Housing Committee - Next meeting: April 24 at 6:00 p.m. at the Council Chambers. 

(6) Future Special Meetings

c. Discussion of items for possible placement on future agenda. Commissioner Arreguin: Condominium conversion issue. Commissioners Arreguin and Overman: that the Rent Board support allocating million dollars from the City's General Fund to the Housing Trust Fund.

Item 8. Adjournment: M/S/C (Payne/Kavanagh) MOVED TO ADJOURN. Chair Chong adjourned at 10:35 p.m.