RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, October 16, 2006

7 PM

Webcast Video Archive 

APPROVED

Item 1. Call to Order - Chair Chong called the meeting to order at 7:02 p.m. Pam Wyche called roll.

Commissioners Present: Arreguin, Chong, Evans, Harrison, Overman (arrived 7:21), Payne, Spector (arrived 7:06), Walden. 

Commissioners Absent: Kavanagh 

Staff Present: Kelekian, Tine, Wyche

Item 2.Approval of the Agenda . M/S/C (Arreguin/Harrison) APPROVE AS WRITTEN. Voice vote. Passed: 6-0-0-3. Absent: Kavanagh, Overman, Spector.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the September 18, 2006 regular meeting minutes. M/S/C (Arreguin/Payne) APPROVE WITH THE FOLLOWING CHANGES: ITEM 3, PUBLIC FORUM, MARC JANOWITZ SPOKE ON THE NEED FOR EVICTION SERVICES - CHANGE THE WORD "ASSOCIATIONS" TO "SERVICES" AND ITEM 7.a.(7) CHANGE THE WORDING AS FOLLOWS: Commissioner Arreguin said that the Housing Advisory Commission (HAC) voted to recommend that Council support the staff proposal, which was supported by the Rent Board to establish the sliding scale. Voice vote. Passed: 6-0-0-3. Absent: Kavanagh, Overman, Spector.

Item 6.a.(1) Adoption of the 2007 Annual General Adjustment (AGA) Order, Regulation 1129. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Harrison/Spector) TO APPROVE THE 2007 AGA ORDER AND ADOPT THE RESOLUTION TO PUBLISH AND PUBLICIZE THAT, PURSUANT TO BERKELEY MUNICIPAL CODE SECTION 13.76.110, THE ANNUAL GENERAL ADJUSTMENT (AGA) OF RENT CEILINGS FOR 2007 IS AN UPWARD ADJUSTMENT OF 2.6%. A friendly amendment made by Commissioner Arreguin was accepted to change the word "calculated" to "determined" in the last NOW, THEREFORE BE IT RESOLVED paragraph in the resolution. Voice vote. Passed: 7-0-0-2 Absent: Kavanagh, Overman.

Commissioner Arreguin made a suggestion to staff to change the word "announced" to "approved" in the first sentence of the AGA press release, so that it would read "…At its regular meeting on October 16, 2006, the Berkeley Rent Stabilization Board approved the Annual General Adjustment Order for Year 2007…"

Item 6.a.(2) Recommendation to adopt a Resolution endorsing Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006. After some discussion, Chair Chong, with Boardmembers approval, tabled the item until after the appeal hearing.

Item 5. Appeal T-4660, 2461 Warring Street, #115. Commissioners Arreguin and Overman asked the Chair to be recused. M/S/C (Evans/Walden) TO MOVE LEGAL STAFF'S RECOMMENDATION. Roll call vote. Yes: Chong, Evans, Harrison, Payne, Walden; No: None; Abstain: Spector; Absent: Arreguin, Kavanagh, Overman. Passed: 5-0-1-3.

Returned to Item 6.a.(2) Recommendation to adopt a Resolution endorsing Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Chong) TO ADOPT THE RESOLUTION WITH ONE CHANGE. TO ADD ANOTHER WHEREAS CLAUSE BEFORE THE "NOW, THEREFORE BE IT RESOLVED" CLAUSE, THAT WOULD COPY THE LANGUAGE IN THE LAST TWO SENTENCES FROM THE STAFF REPORT, AND WOULD READ AS FOLLOWS, "WHEREAS, THE BOARD'S MISSION IS TO MAINTAIN AFFORDABLE HOUSING IN THE CITY, AND THEREBY MAINTAIN THE CITY'S DIVERSE COMMUNITY. ACCORDINGLY, IT IS APPROPRIATE FOR THE BOARD TO ENDORSE THE PROPOSITION." Voice vote. Passed: 7-0-1-1. Abstain: Evans; Absent: Kavanagh.

Item 6.a.(3) Review of the following request for waiver of late registration penalties carried over from the September 18, 2006 meeting.

Discretionary Waivers

Waiver No.      Property Address 
3373                 2740 College Ave

M/S/C (Arreguin/Evans) TO MOVE STAFF RECOMMENDATION. Voice vote. Passed: 8-0-0-1 Absent: Kavanagh.

Item 7.a. Information and Announcements

(1) Update on Apparent Lawful Rent notices. Executive Director referred to copies attached to agenda.

(2) Sample copy of Rent Board bus stall advertisements. Executive Director informed the Board that bus ads are up in four locations in Berkeley, two in Spanish and two in English.

(3) Fall 2006 Rent Board Newsletter. Executive Director said the newsletter, attached to the agenda, has been mailed out to all landlords and tenants.

(4) Legislative Update - Press release and statement by the Governor upon signing legislation to extend tenant eviction notice to 60 days. The Executive Director gave a brief update and distributed a more detailed summary of the rest of the landlord tenant housing development bills.

(5) Copy of article on Rent Board mediation services in the September 2006 issue of Rental Housing. Attached to agenda and self-explanatory.

(6) Copy of September 19, 2006 Council report titled - Condominium Conversion Update: Status of Selections. In response to Commissioner Arreguin's questions, the Executive Director explained that the selection process has been deferred for approximately two months in order to comply with Council action taken before its recess and that meetings are currently taking place to discuss the review process as well as the requirements.

(7) Article by Stephen Ohlemacher titled More Americans Find Themselves 'House Poor.' Attached to agenda and self-explanatory.

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

(1) Budget and Personnel - Meeting on this date prior to Board meeting. No future meeting scheduled. 

(2) Outreach - TBA 

(3) IRA/AGA - No meeting scheduled. 

(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 - No meeting scheduled.

Item 7.c. Discussion of items for possible placement on future agenda. Mold issue concerns and having someone speak to the Board on the subject in the near future.

Item 8. Adjournment M/S/C (Arreguin/Chong) Chair Chong adjourned at 8:10 p.m.