RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, July 17, 2006

7 PM

Webcast Video Archive 

APPROVED

Item 1. Call to Order - Vice Chair Payne called the meeting to order at 7:12 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden 

Commissioners Absent: Chong 

Staff Present: Kelekian, Tine, Wyche

Item 2. Approval of the Agenda . M/S/C (Harrison/Overman) APPROVE AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item 3. Public Forum. There was one speaker, Michael Duffy, concerning advice given to his landlord by a Hearing Examiner that has possibly been used against him as the tenant.

Item 4. Approval of the June 19, 2006 regular meeting minutes . M/S/C (Arreguin/Overman) APPROVED AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item 5. Appeal T-4700; 2117 Rose Street, Unit #3. (Continued from June 19, 2006 meeting.)

Main motion: M/S (Harrison/Walden) TO REJECT THE STAFF RECOMMENDATION AND REMAND IT TO THE COMPLIANCE OFFICER.

Substitute motion: M/S (Overman/Spector) TO SUPPORT THE GENERAL POLICY AS LAID OUT IN THE FIRST PARAGRAPH ON PAGE 5 OF THE RECORD, WHICH STATES, "THAT THE RENT REDUCTION SHOULD TERMINATE AT A REASONABLE TIME FOLLOWING THE LANDLORD'S WITHDRAWAL OF HER OBJECTION TO PETITIONER'S HAVING A ROOMMATE…;" AND TO REMAND TO HEARING EXAMINER TO DETERMINE WHAT IS A REASONABLE PERIOD GIVEN THE TOTALITY OF THE FACTS IN THIS CASE, INCLUDING THE COMPLIANCE HEARING FINDINGS.Commissioner Overman withdrew his substitute motion.

M/S/F (Overman/Arreguin) MOVED TO TABLE. Roll call vote. Yes: Arreguin, Overman; No: Evans, Harrison, Kavanagh, Spector, Walden; Abstain: Payne; Absent: Chong. Failed: 2-5-1-1.

Substitute Motion reinstated by Commissioner Overman: M/S/F (Overman/Spector) TO SUPPORT THE GENERAL POLICY AS LAID OUT IN THE FIRST PARAGRAPH ON PAGE 5 OF THE RECORD, WHICH STATES, "THAT THE RENT REDUCTION SHOULD TERMINATE AT A REASONABLE TIME FOLLOWING THE LANDLORD'S WITHDRAWAL OF HER OBJECTION TO PETITIONER'S HAVING A ROOMMATE…;" AND TO REMAND TO HEARING EXAMINER TO DETERMINE WHAT IS A REASONABLE PERIOD GIVEN THE TOTALITY OF THE FACTS IN THIS CASE, INCLUDING THE COMPLIANCE HEARING FINDINGS. Roll call vote. Yes: Arreguin, Overman; No: Evans, Harrison, Kavanagh, Spector, Walden; Abstain: Payne; Absent: Chong. Failed: 2-5-1-1.

At Commissioner Evans suggestion, Commissioner Harrison reworded the main motion. M/S/C (Harrison/Walden) TO AFFIRM THE HEARING EXAMINER'S DECISION. Roll call vote. Yes: Evans, Harrison, Kavanagh, Spector, Walden; No: Arreguin, Overman; Abstain: Payne; Absent: Chong. Passed: 5-2-1-1.

Item No. 6.a.(1) Proposal to adopt on second 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. M/S/C (Overman/Harrison) TO ADOPT ON SECOND READING REGULATION 1018. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item No. 6.a.(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Discretionary Waivers

Waiver No.      Property Address 
3355                 2463 Hilgard Avenue

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

Item 7.a.(1) Council item on establishing a policy governing reimbursement of expenses by City boards and commissions as required under AB1234. Item was attached and briefly explained by the Executive Director, Jay Kelekian.

Item 7.a.(2) Council item from Councilmembers Anderson and Worthington prohibiting the conversion of rental units to condominiums for five years for specific terminations of tenancy and requiring notice to tenants regarding their rights before a request for allocation is filed with the City. The Executive Director distributed the staff analysis on the initiative. Commissioner Arreguin spoke in more detail on the subject at the request of Commissioner Harrison.

Item 7.a.(3) Council item from Councilmember Dona Spring to consider placing a Council approved Ordinance to allow conversion of rental units to condominiums with payment of an affordable housing mitigation fee and protection of sitting tenants on the November ballot. Commissioner Overman informed the Board that it was his understanding that the item will be withdrawn at the next Council meeting.

Item 7.a.(4) Copy of Council item placing a Charter amendment related to filling a vacancy on the Rent Stabilization Board on the November 7, 2006 ballot. Executive Director added that the item has been adopted by Council.

Item 7.a.(5) Registration update. Executive Director gave a positive update.

Item 7.a.(6) Instant Runoff Voting (IRV) memorandum from Chair Chong to Mayor and City Council Members on behalf of Rent Board Commissioners. Commissioner Kavanagh gave an update as the Boardmember working closely with Chair Chong, the Executive Director and Council on this issue.

Item 7.a.(7) Copy of letter from owner in protest of registration fees. Self-explanatory.

Item 7.a.(8) Analysis Under Elections Code Section 9212 of the Proposed Condominium Conversion Initiative. Distributed by Executive Director.

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

(1) Budget and Personnel - No meeting scheduled. 

(2) Outreach - TBA (To be announced.) 

(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 - No meeting scheduled.

(7) Future Special Meeting - No meeting scheduled.

Item 7.c. Discussion of items for possible placement on future agenda. Commissioner Harrison suggested that the IRA Committee talk about possible changes in Berkeley Municipal Code 1270(c) and bring back to the Board.

Item 8. Adjournment M/S/C (Walden/Arreguin) Vice Chair Payne adjourned at 9:42 p.m.