RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, June 20, 2005
7 PM

APPROVED 

Item 1. Roll Call: Chair Chong called the meeting to order at 7:06 p.m Pam Wyche called roll. 

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

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda M/S/C (Arreguin/Kavanagh) MOVE ITEM 7.a.(2) TO ACTION CALENDAR AND APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 3. Public Forum There were no speakers.

Item 4. Approval of the June 6, 2005 regular Board meeting minutes. M/S/C (Overman/Arreguin) TO APPROVE MINUTES AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 5. Appeal L-3842; 2215 Bonar Street, #F. M/S/C (Arreguin/Overman) TO REMAND TO THE HEARING EXAMINER FOR CLARIFICATION ON THE THIRD PARTY TESTIMONY OFFERED BY THE ONSITE HOUSING MANAGER, REGARDING HER ASSERTION THAT THE LANDLORD STATED TO THE TENANTS HE WOULD INCREASE THE RENT IN UNIT E AND HEARING EXAMINER SHOULD ACCEPT ANY ADDITIONAL EVIDENCE PRESENTED ON THIS ISSUE. Friendly amendment by Evans and accepted. HEARING EXAMINER TO DETERMINE THE CREDIBILITY OF THE WITNESSES. Friendly amendment by Harrison and accepted. HEARING EXAMINER SHOULD REFER TO THE HOUSING MANAGER BY NAME, MS. GONZALES, IN HER DECISION. Voice vote. Passed: 9-0-0-0.

Item 6.a.(1) Proposal that the Board adopt on second 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 owner's relative.  [PDF file, requires Adobe Acrobat Reader] M/S/C (Arreguin/Payne) TO ADOPT ON SECOND READING AMENDMENTS TO REGULATION 1301 AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0. Item 6.a.(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address
3227                 1606 Tyler Street

Discretionary Waivers

Waiver No.      Property Address
3217                 1109 Parker Street 
3269                 1815 Oregon Street 
3271                 1300 Delaware Street

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

Item 7.a.(2) Drayage building update. M/S/C (Arreguin/Overman) TO ADOPT THE RESOLUTION [PDF file, requires Adobe Acrobat Reader] DISTRIBUTED AT THE MEETING BY COMMISSIONER ARREGUIN, URGING CITY COUNCIL TO CLARIFY THE PROCESS FOR THE DEMOLITION OF DWELLING UNITS AND ESTABLISH THAT DEMOLITION OF A SIGNIFICANT NUMBER OF UNITS REQUIRES APPROVAL BY THE ZONING ADJUSTMENTS BOARD OR COUNCIL. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden. Passed: 9-0-0-0.

Item 7.a. Reports from Board Members/Staff.

(1) Soft story update. Commissioner Arreguin informed the Board that HAC would continue the public hearing on Phase I on July 7th and encouraged Boardmembers to try to attend.

(2) Drayage building update. (Moved to action calendar.)

(3) TIC/Condo Conversion update. Commissioner Arreguin reported on Council action at their June 14th meeting.

(4) Registration update. Executive Director, Jay Kelekian, reported that registration fees are coming in on course and that he will have a complete tally for the Board at the next regular meeting.

(5) Supreme Court Decision in Wasatch Property Management v. Syriah Degrate case. The Board last year authorized legal staff to file an amicus brief in this case. Staff Attorney, Brian Kelly, summarized the court decision, which held that when a landlord terminates a tenancy agreement they are in fact terminating the Section 8 contract and therefore are required to give the 90-day notice as provided in Costa Hawkins.

Item 7. b. Announcements of upcoming Committee Meetings: 

(1) Budget and Personnel - TBA 

(2) Outreach - Next meeting: TBA 

(3) IRA/AGA -Next meeting: Monday, July 11th at 6 p.m. 

(4) Eviction - TBA 

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

Item 7.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 on July 7th.

(4) Commissioner Walden suggested a meeting or workshop on where Rent Control is going in Berkeley and how the Board can better assist all Berkeley residents.

Item 8. Adjournment (Payne/Harrison) Chair Chong adjourned at 8:09 p.m.