RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, June 6, 2005
7 PM

APPROVED 


Item 1. Roll Call of Closed Session: 6:50 p.m 

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

Commissioners Absent: Kavanagh 

Staff Present: Kelekian, Kelly, Tine, Wyche

Roll call of regular meeting. 7:12 p.m. 

Chair Chong announced for the record that all Commissioners were present.

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Closed Session - 6:50 p.m.

(a) The Rent Board met in closed session pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding a request that the Board appear as Amicus Curiae in the pending case of Nemarian v. Nicoletti, Alameda County Superior Court Case No. BG 05204709, on behalf of defendant Sara Nicolette.

The case is an Unlawful Detainer action in which the landlords seek recovery of a rental unit for use as their principal residence and the tenant alleges that the landlord has failed to offer to the tenant an available dwelling unit owned by the landlord as required by Measure Y.

M/S/C (Overman/Spector) TO GIVE APPROVAL TO LEGAL COUNSEL TO APPEAR AS AMICUS CURIAE ON BEHALF OF THE DEFENDANT. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: Kavanagh. Passed: 8-0-0-1.

(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the Government Code)

Property: Rent Stabilization Program office space at 2001 Center Street. Negotiating parties: Rent Stabilization Board and 2001 Center Group. Rent Board Negotiators: Jay Kelekian, Brian Kelly Under negotiation: Renegotiation of Existing Lease - NO ACTION TAKEN.

Item 3. Approval of the Agenda M/S/C (Overman/Spector) APPROVE WITH ONE CHANGE TO MOVE ITEM 8.a.(1) BEFORE ITEM NUMBER 5. Voice vote. Passed: 9-0-0-0. Item 4. Public Forum There were no speakers.

Item 8.a.(1) Proposal that the Board adopt on first reading amendments to Regulation 1301 to clarify when a non-comparable dwelling unit is available as a replacement unit for purposes of eviction for occupancy by owner or by owner's relative. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Overman) TO ADOPT ON FIRST READING AMENDMENTS TO REGULATION 1301 AS PROPOSED. Roll call vote. Passed: 9-0-0-0.

Item 5. Presentation in recognition of the 25-year anniversary of the Rent Ordinance. Marty Schiffenbauer and Gene Turitz discussed the history of the years leading up to the adoption of Measure D on June 3, 1980.

Item 6. Approval of the May 16, 2005 regular Board meeting minutes.  M/S/C (Overman/Harrison) TO APPROVE MINUTES AS WRITTEN. Voice vote. Yes: Arreguin, Chong, Harrison, Kavanagh, Overman, Spector, Walden; No: Evans; Abstain: Payne. Passed: 7-1-1-0.

Item 7. Appeal T-4583; 3028 Deakin Street #3. M/S/C (Overman/Spector) TO ACCEPT HEARING EXAMINER'S DECISION WITH THE FOLLOWING CHANGES: AN ADDITIONAL REDUCTION OF RENT FOR THE KITCHEN SINK FROM 6% TO 9.9% AND GRANTING AN ADDITIONAL 1% REDUCTION FOR THE BROKEN INTERCOM. A friendly amendment was made by Commissioner Evans and accepted: THAT THE 1% ADJUSTMENT FOR THE INTERCOM BE FOR THE PERIOD JANUARY 13, 2004 THROUGH DECEMBER 14, 2004, AND THEREAFTER, UNTIL SUCH TIME AS THE INTERCOM IS FIXED. Roll call vote. Yes: Arreguin, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: Chong, Payne; Abstain: None; Absent: None. Passed: 7-2-0-0.

Item 8.a.(2) Proposal that the Board adopt on second reading an amendment to Regulation 705 to provide that a security deposit may be increased during a tenancy in consideration of a landlord's waiver of a prohibition on pets.  [PDF file, requires Adobe Acrobat Reader.] M/S/C (Overman/Arreguin) TO ADOPT ON SECOND READING THE PROPOSED AMENDMENT TO REGULATION 705. Roll call vote. Passed: 9-0-0-0.

Item 8.a.(3) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with the Eviction Defense Center (EDC) for the 2005/2006 Fiscal Year.  [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Payne) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Passed: 9-0-0-0.

Item 8.a.(4) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with East Bay Community Law Center (EBCLC) for the 2005/2006 Fiscal Year.  [PDF file, requires Adobe Acrobat Reader.] M/S/C (Payne/Spector) TO ADOPT RESOLUTION AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 8.a.(5) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Housing Rights, Inc. (HRI) for the 2005/2006 Fiscal Year. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Harrison) TO ADOPT RESOLUTION AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 8.a.(6) Recommendation to adopt a resolution authorizing the Executive Director to extend the Rent Board's contract with Christine Minnehan & Associates for the 2005/2006 Fiscal Year.  [PDF file, requires Adobe Acrobat Reader.] M/S/C (Harrison/Payne) TO ADOPT RESOLUTION AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 8.a.(7) Proposal to reschedule the July 7, 2005 regular Board meeting to the North Berkeley Senior Center. M/S/C (Arreguin/Overman) TO AGREE TO CHANGE THE VENUE AND THE TIME OF THE JULY 7th REGULAR BOARD MEETING TO THE NORTH BERKELEY SENIOR CENTER LOCATED AT 1901 HEARST STREET AT 6:30 P.M. Roll call vote. Passed: 9-0-0-0.

Item 8.a.(8) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Discretionary Waivers 

Waiver No.      Property Address 
3260                 2407 & 09 Hillside Avenue (Continued from 5/16/05 meeting.) 
3264                 2336 Piedmont Avenue 
3265                 2663 & 2665 Shasta Road 
3267                 3007 & 3009 Acton Street

Commissioner Evans pulled Waiver 3260 and Commissioner Arreguin pulled Waiver 3264.

M/S/C (Payne/Overman) TO ACCEPT STAFF RECOMMENDATIONS ON THE REMAINING WAIVER NUMBERS 3265 AND 3267. Voice vote. Passed: 9-0-0-0.

M/S/F (Evans/Harrison) TO WAIVE NONE OF THE PENALTIES ON WAIVER 3260 AND INSTRUCT THE EXECUTIVE DIRECTOR TO NOT ATTEMPT TO COLLECT ANY OF THE PENALTIES FROM THE OLD OWNER, THE PERSON WHO FILED THE WAIVER REQUEST, BUT INSTEAD, IN KEEPING WITH OUR POLICY THAT REGISTRATION FEES AND RELATED DEBTS RUN WITH THE PROPERTY, ATTEMPT TO COLLECT THE PENALTIES FROM THE NEW OWNERS. Roll call vote. Yes: Arreguin, Evans, Harrison, Overman; No: Kavanagh, Spector; Abstain: Chong, Payne, Walden. Motion Failed: 4-2-3-0.

M/S/C (Overman/Kavanagh) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3260. Roll call vote. Yes: Arreguin, Chong, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: Evans, Harrison; Absent: None. Passed: 7-0-2-0.

M/S/C (Harrison/Overman) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3264. Voice vote. Passed: 7-0-2-0 Abstain: Arreguin, Payne.

Item 9.a. Reports from Board Members/Staff.

(1) Soft story update. Commissioner Arreguin informed the Board that the Housing Advisory Commission (HAC) continued the first public hearing in June to a meeting in July (exact date forthcoming) and encouraged Boardmembers attendance to support the Board's recent recommendation to the City Council.

(2) TIC/Condo Conversion update. Commissioner Arreguin gave a brief report on the HAC Public Hearing. He said that the main issue discussed was exempting long-term tenants from affordable housing mitigation fees if converting from TIC to condo. Arreguin also suggested that the Eviction Committee take this up at their June or July meeting and begin discussions to craft a Board recommendation to Council. Commissioner Kavanagh and Chair Chong strongly supported Board involvement.

(3) Registration update. Executive Director, Jay Kelekian, reported that registration bills were mailed and to date close to 1400 units have registered.

(4) Follow-up on FY 2005/2006 adopted budget. Executive Director, Jay Kelekian, suggested that if Boardmembers have any final comments or suggestions concerning the 05/06 adopted budget to contact him within the next few days before he begins the final draft of the budget book.

(5) Updated Calendar Year 2005 Rent Board Meeting schedule. Attached to agenda.

Item 9.b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel - No meeting scheduled. 

(2) Outreach - Next meeting: TBA 

(3) IRA/AGA -Next meeting: Monday, June 13, 2005. 

(4) Eviction - Next meeting: TBA 

(5) 4x4 City Council/RSB Housing Committee

Item 9.c. Discussion of items for possible placement on future agenda material.

(1) Update on Case Management progress in Public Information Unit.

(2) Web casting.

(3) Report from Legislative Advocate in July.

Item 10. Adjournment M/S/C (Walden/Arreguin). Chair Chong adjourned at 9:36 p.m.