RENT STABILIZATION BOARD

Regular Meeting Minutes

Monday, June 19, 2006
7 PM

APPROVED

Webcast Video Archive 

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, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Tine, Wyche

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

Item 3. Public Forum. There was one speaker, Marcia Levenson, concerning landlord constructive eviction via opting out of Section 8.

Item 4. Approval of the May 15, 2006 regular meeting minutes. M/S/C (Arreguin/Payne) APPROVED WITH THE FOLLOWING REVISIONS: ITEM 6 - CORRECT SPELLING OF "…CALANDAR…" TO CALENDAR; ITEM 7.a.(3) - CHANGE "…2 B…." TO "…ALTERNATIVE B 2…"; AND ITEM 7.a.(2) UNDER WAIVER 3332 - MOVE "M/S/C/ (EVANS/WALDEN)" IN FRONT OF THE SUBSTITUTE MOTION INSTEAD OF THE MAIN MOTION. Voice vote. Passed: 9-0-0-0.

Chair Chong moved Item 6.a.(6) ahead to allow the property owner of 1615 Parker Street, Hazel McGrew, to speak regarding her Request for Reconsideration of Waiver Number 3346.

Item No. 6.a.(6) Request by owner for Reconsideration of Waiver Number 3346, 1615 Parker Street. M/S/C (Overman/Payne) BOARD TO RECONSIDER WAIVER NUMBER 3346. Voice vote. Passed: 9-0-0-0.

M/S/C (Chong/Overman) TO AUTHORIZE THE EXECUTIVE DIRECTOR TO WAIVE UP TO 75% OF THE PENALTIES AND TO ASK THAT HE CONTACT THE PROPERTY OWNER, MRS. MCGREW, TO OBTAIN A NAME, ADDRESS AND TELEPHONE NUMBER OF A RELATIVE WHO WILL STIPULATE IN WRITING THAT HE OR SHE WILL MAINTAIN MS. MCGREW'S RENT BOARD BILLS IN THE FUTURE. THIS CONTACT PERSON WILL BE PLACED IN THE RENT TRACKING SYSTEM DATABASE AND WILL RECEIVE COPIES OF ALL MS. MCGREW'S FUTURE RENT BOARD BILLS. THE OWNER SHOULD BE ADVISED THAT IF SHE DOES NOT COMPLY WITH THIS REQUEST OR DOES NOT PAY THE 25% PENALTY AND FUTURE REGISTRATION FEES ON TIME, THE BOARD IS VERY UNLIKELY TO APPROVE FUTURE WAIVERS, SHORT OF AN EMERGENCY, AND WAIVER 3346 WILL RETURN TO THE BOARD. Roll call vote. Yes: Arreguin, Chong, Harrison, Kavanagh, Overman; No: Payne, Spector, Walden; Abstain: Evans; Absent: None. Passed: 5-3-1-0.

Item 5. Appeal T-4700; 2117 Rose Street, Unit #3. (Continued to the July 17, 2006 meeting.)

Item No. 6.a.(1) Proposal to adopt on first reading Regulation 1018 to provide a process for a landlord or tenant to petition for a determination of the landlord's eligibility to establish an initial rental rate. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Spector/Harrison) TO ADOPT ON FIRST READING REGULATION 1018. Voice vote. Passed: 9-0-0-0.

Item No. 6.a.(2) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Berkeley Community Media, Inc. ("BCM") for the 2006/2007 Fiscal Year in an amount not to exceed $18,000. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Walden/Spector) TO ADOPT RESOLUTION AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item No. 6.a.(3) Proposal that the Board adopt a resolution adopting the Fiscal Year 2006-2007 Budget Expenditure Level and Position Detail. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Payne/Overman) TO ADOPT RESOLUTION AUTHORIZING A 2007 BUDGET EXPENDITURE LEVEL OF $3,290,000 AND A STAFFING LEVEL OF 19.3 FULL TIME EQUIVALENTS. Voice vote. Passed: 9-0-0-0.

Item No. 6.a.(4) Discussion and possible action establishing a period for Board's summer break. M/S/C (Harrison/Spector) THE BOARD REQUESTS THAT IF THERE IS NO PRESSING BUSINESS THE EXECUTIVE DIRECTOR CONSULT WITH EACH MEMBER OF THE BOARD ONE WEEK PRIOR TO THE AUGUST MEETING TO DISCUSS CANCELLATION OF THE AUGUST 21, 2006 MEETING. Voice vote. Passed 9-0-0-0.

Item No. 6.a.(5) Requesting that the Chair write the Mayor and each member of the City Council suggesting specific actions staff should take to assure that Instant Runoff Voting (IRV) is implemented in time for the November election. M/S/C (Overman/Harrison) TO MOVE THE RECOMMENDATION AS WRITTEN WITH MINOR GRAMMATICAL AND FORMATTING CHANGES. Voice vote. Passed: 9-0-0-0.

Item No. 6.a.(7) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address
3357                 2319 Ward Street 
3360                 1018 Hearst Avenue/1900-1904 - 10th St. 
3361                 1446 MLK Jr. Way 
3364                 2240 Rose Street

Discretionary Waivers

Waiver No.      Property Address 
3296                 2612 Dana Street 
3351                 1325-1327 Ashby Avenue 
3352                 1100, 1102 and 1104 Ward Street 
3354                 1901-1905 Parker Street/2543 MLK 
3356                 2135 Oregon Street 
3358                 2339 Oregon Street 
3359                 2122 Dwight Way 
3362                 1638 - 62nd Street

Commissioner Evans pulled Waivers 3296, 3351, 3352 and 3359.

M/S/C (Payne/Walden) TO APPROVE ALL WAIVERS LISTED EXCEPT WAIVERS 3296, 3351, 3352 AND 3359. Voice vote. Passed: 8-0-0-1. Absent: Overman (stepped away briefly).

M/S/C (Evans/Payne) TO ACCEPT STAFF RECOMMENDATION ON WAIVER 3296. Voice vote. Passed: 9-0-0-0.

M/S/C (Evans/Harrison) TO CHANGE WAIVER 3351 TO WAIVE 30% OF THE PENALTY AND ACCEPT STAFF RECOMMENDATION TO WAIVE 75% ON WAIVER 3352. Voice vote. Passed: 6-1-2-0 No: Walden; Abstain: Kavanagh, Payne.

M/S/C (Evans/Overman) TO WAIVE 80% OF THE PENALTY ON WAVIER 3359. Friendly amendment made by Chair Chong and accepted. TO OBTAIN PROOF OF TRAVEL AND IF NONE, BRING WAIVER 3359 BACK TO THE BOARD. Voice vote. Passed: 9-0-0-0.

Item 7.b. Announcements of upcoming Committee/Board Meetings 

(1) Budget and Personnel - No meeting scheduled. 

(2) Outreach - Monday, June 26 at 3 p.m. (tentative) 

(3) IRA/AGA - TBA 

(4) Eviction - No meeting scheduled. 

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

(6) Ad Hoc Committee on Condominium Conversion Ordinance - TBA 

(7) Future Special Meeting - No meeting scheduled.

Item 8. Adjournment M/S/C (Payne/Harrison) Chair Chong adjourned at 9:22 p.m.