RENT STABILIZATION BOARD

Regular Meeting Minutes

Monday, May 15, 2006
7 PM

Webcast (video archive) 

APPROVED

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

Commissioners Present: Arreguin, Chong, Evans, Kavanagh, Overman (arrived 7:08), Payne, Spector, Walden 

Commissioners Absent: Harrison 

Staff Present: Kelekian, Morgan, Tine

Item 2. Approval of the Agenda. M/S/C (Walden/Payne) TO HEAR ITEM 7.a.(1) AFTER THE OTHER ACTION ITEMS. Voice vote. Passed: 8-0-0-1. Absent: Harrison.

Item 3. Public Forum. There were seven speakers: Lorraine Taggart; Patrick Kehoe; Albert Durrette; Nancy Reynolds; Edith Monk Hallberg; Marcia Levenson; and Ed Joseph. All spoke on the effect of condominium conversions on Section 8 tenants.

Item 4. Approval of the April 17, 2006 regular meeting minutes. M/S/C (Arreguin/Overman) APPROVED. Voice vote. Passed: 8-0-0-1. Absent: Harrison.

Item 5.d. Discussion and adoption of a Resolution setting Fiscal Year 2006/2007 budget guidelines and establishing the annual registration fee. [PDF file, requires Adobe Acrobat.]M/S/C (Overman/Payne) TO ADOPT THE RESOLUTION AS WRITTEN. Voice vote. Passed: 7-1-0-1. No: Evans. Absent: Harrison.

Item 5.e. Discussion and adoption of a Resolution giving authorization to pass through to tenants a portion of year 2006's registration fee as a temporary general adjustment of rent ceilings.  [PDF file, requires Adobe Acrobat. ] M/S/C (Arreguin/Payne) TO ADOPT THE RESOLUTION AS WRITTEN. Roll call vote. Passed: 5-3-0-1. No: Evans, Overman, Walden. Absent: Harrison.

Item 6. Consent Calendar. M/S/C (Overman/Arreguin) TO PASS ITEMS ON CONSENT CALENDAR WITHOUT FURTHER DISCUSSION. Voice vote. Passed: 8-0-0-1. Absent: Harrison.

Item 7. Action Items M/S/C (Arreguin/Overman) TO CONSIDER ACTION ITEMS IN THE FOLLOWING ORDER: 7.a.(3), 7.a.(4), 7.a.(2) and 7.a.(1). No Objection.

Item 7.a.(3) Recommendation to City Council concerning the Condominium Conversion Ordinance. M/S/C (Overman/Arreguin) TO ADOPT THE RECOMMENDATION FROM THE AD HOC SUBCOMMITTEE ON THE CONDOMINIUM CONVERSION ORDINANCE, AND ADD THE LINE TO ALTERNATE B2 ON PAGE 2 "ON SEPTEMBER 8, 2005, THE BOARD RECOMMENDED THAT THE FEE BE SET AT 15% OF THE SALES PRICE." Voice vote. Passed: 8-0-0-1. Absent: Harrison.

Item 7.a.(4) Recommendation to City Council concerning funding for the Housing Trust Fund. M/S/C (Overman/Walden) TO ADOPT A RESOLUTION STRONGLY URGING THE BERKELEY CITY COUNCIL TO APPROVE ITEM 41 OF THEIR AGENDA FOR THE MAY 16, 2006 CITY COUNCIL MEETING, A BUDGET REFERRAL OF $1,000,000 TO THE HOUSING TRUST FUND FROM THE CITY GENERAL FUND. A friendly amendment was made by Commissioner Arreguin and accepted: TO CHANGE THE LANGUAGE IN THE TITLE OF THE RESOLUTION AND IN THE "NOW, THEREFORE BE IT RESOLVED" PARAGRAPH TO "STRONGLY URGING THE BERKELEY CITY COUNCIL TO ALLOCATE $1,000,000 TO THE HOUSING TRUST FUND FROM THE CITY GENERAL FUND." Voice vote. Passed: 8-0-0-1. Absent: Harrison.

Item 7.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 (Arreguin/Evans) TO RECOMMEND TO THE CITY COUNCIL THE PROPOSED CHARTER AMENDMENT WITHOUT SPECIFYING HOW THE BOARD WOULD APPOINT A SUCCESSOR IN THE EVENT OF A TIE. Voice vote. Passed: 8-0-0-1. Absent: Harrison.

Item 7.a.(1) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. 

Ministerial Waivers

Waiver No.      Property Address 
3331                 2910 King Street 
3342                 3342 California Street 
3345                 2241-9th Street

Discretionary Waivers

Waiver No.      Property Address 
3332                 2525 Regent Street 
3336                 2122 Sacramento Street 
3338                 2320 Webster Street 
3340                 1910 Oregon Street 
3343                 3005 Harper Street 
3346                 1615 Parker Street 
3347                 1918 ½ Blake Street 
3349                 2434-36 California Street 
3350                 2620 Dana Street 
3353                 2914-16 Stanton Street

Commissioner Evans pulled Waivers 3332, 3340 and 3347, and Commissioner Spector pulled Waivers 3336 and 3338.

M/S/C (Overman/Payne) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBERS 3331, 3342, 3343, 3345, 3346, 3349, 3350 and 3353. Voice vote. Passed: 8-0-0-1 Absent: Harrison.

Waiver 3332: M/S (Evans/Walden) TO IMPOSE 45% AND WAIVE 55% OF THE PENALTY. Substitute motion by Overman seconded by Payne: M/S/C (Overman/Arreguin) TO ACCEPT STAFF RECOMMENDATION. Voice vote. Passed: 6-2-0-1. No: Evans, Walden. Absent: Harrison.

Waiver 3336: M/S/C (Evans/Overman) TO ACCEPT STAFF RECOMMENDATION. Voice vote. Passed: 8-0-0-1 Absent: Harrison.

Waiver 3338: M/S/C (Spector/Payne) TO ACCEPT STAFF RECOMMENDATION. Voice vote. Passed: 8-0-0-1 Absent: Harrison.

Waiver 3340: Substitute motion by Overman seconded by Chong. TO IMPOSE 25% AND WAIVE 75% OF THE PENALTY IN WAIVER NUMBER 3340. Voice vote. Failed: 3-4-1-1. Yes: Chong, Kavanagh, Overman. No: Arreguin, Evans, Spector, Walden. Abstain: Payne. Absent: Harrison.

M/S/C (Evans/Payne) TO IMPOSE $130 AND WAIVE $178 OF THE PENALTY. Voice vote on main motion. Passed: 5-3-0-1 Absent: Harrison.

Waiver 3347: M/S/C (Overman/Evans) TO IMPOSE 33% AND WAIVE 67% OF THE PENALTY. Voice vote. Failed: 2-6-0-1. Yes: Evans, Overman. Absent: Harrison.

M/S/C (Walden/Payne) TO ACCEPT STAFF RECOMMENDATION. Voice vote. Passed: 7-1-0-1. No: Evans. Absent: Harrison.

Item 8.a. Information and Announcements

(1) Update on Exemption Verification Project. The Executive Director reported that of 996 properties noticed by mail, a 38% response rate was achieved and that 82 units were registered. To date, over $18,000 has been collected.

Item 8.b. Announcements of upcoming Committee/Board Meetings. 

(1) Budget and Personnel - May 31st at 11:00 a.m. (tentative) 

(2) Outreach - May 30th at 7:30 p.m. 

(3) IRA/AGA - June 1 at 4:00 p.m. 

(4) Eviction - no meeting scheduled 

(5) 4x4 City Council/RSB Housing Committee - no meeting scheduled 

(6) Ad Hoc Committee on Condominium Conversion Ordinance - no meeting scheduled 

(7) Future Special Meetings - nothing scheduled

Item 9. Adjournment: M/S/C (Payne/Walden) MOVED TO ADJOURN. Chair Chong adjourned at 9:47 p.m.