RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, August 29, 2005
6:30 PM

APPROVED

Item 1. Call to Order - Closed Session - Chairperson Chong called the Closed Session to order at 6:17 p.m. Jacquelyn Morgan called roll. 

Commissioners Present: Arreguin, Chong, Evans, Harrison, Kavanagh (arrived at 6:44), Overman, Payne, Spector, Walden

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Morgan, Tine

Call to Order - Regular Meeting - Chairperson Chong called the regular meeting to order at 7:22 p.m.

Item 2. Closed Session

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code)

Berkowitz v. City of Berkeley Rent Stabilization Board (Rice-Evans) - Board voted to accept counsel's proposal to settle on the terms of the writ.

Item 3. Approval of the Agenda. M/S/C (Payne/Arreguin) APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 4. Public Forum. There were no speakers.

Item 5. Approval of the Minutes. M/S/C (Harrison/Payne) TO APPROVE THE JULY 7, 2005 REGULAR MEETING MINUTES. Voice vote. Passed: 9-0-0-0.

Item 6.a.(1) Recommendation to the Board to adopt a resolution authorizing the Executive Director to extend the agreement with the City of Berkeley Housing Department to continue to monitor the contract compliance of the Board's community agency service providers [PDF file, requires Adobe Acrobat Reader.] M/S/C (Payne/Arreguin) TO APPROVE THE RECOMMENDATION. 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) Recommendation to the Board to adopt a resolution authorizing the Executive Director to request that the City Council amend the Ellis Act Implementation Ordinance to provide relocation assistance to all displaced tenants [PDF file, requires Adobe Acrobat Reader.] M/S/C (Overman/Arreguin) TO APPROVE THE RECOMMENDATION 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.(3) First reading of proposed amendments to Regulation 1380 to conform length of good faith owner-occupancy requirement with Berkeley Municipal Code Section 13.76.130.A.9 and to clarify that a landlord's failure to offer an available non-comparable unit to a tenant being evicted for owner or relative occupancy constitutes a defense to the eviction [PDF file, requires Adobe Acrobat Reader.] M/S/C (Evans/Harrison) TO ADOPT AMENDED REGULATION 1380 WITH RECOMMENDATION BY COMMISSIONER EVANS TO ADD A PROVISION TO THE PROPOSED NEW SUBDIVISION D STATING THAT THE LANGUAGE IN SUBDIVISION D IS DECLARATORY OF EXISTING LAW. Voice vote. Passed: 9-0-0-0.

Item 6.a.(4) Discussion and possible action on changes to TIC/Condo Conversion Ordinance. M/S/C (Arreguin/Overman) TO EXTEND AN INVITATION TO HOUSING DEPARTMENT DIRECTOR STEVE BARTON TO MAKE A PRESENTATION TO THE BOARD AT ITS SEPTEMBER 8, 2005 MEETING ON AMENDMENTS TO THE TIC/CONDO CONVERSION ORDINANCE. Voice vote. Passed: 9-0-0-0.

Item 7. Information and Announcements

a.(1) At Commissioner Arreguin's suggestion, the Board agreed to review the latest version of the soft-story ordinance at their next meeting and take additional action if they believe an additional recommendation to the City Council is warranted.

a.(3) The Executive Director reported that, as of two weeks ago, about 1,000 units had not been registered. He added that the list would be reduced significantly when he reports back to the Board in October, after eliminating the units belonging to owners who were granted 90-day waivers.

Item 7.b. Committee meeting announcements and reports.

(1) Budget/Personnel - No meeting scheduled. 

(2) Outreach - Wednesday, September 7, 2005 at 6:00 p.m. 

(3) IRA/AGA - Tuesday, September 6, 2005 at 6:30 p.m. Commissioner Spector announced her resignation from the Ira/AGA committee. 

(4) Eviction - TBA (5) 4 x 4 - No meeting scheduled.

Item 7.c. Discussion of Items for possible placement on future agendas.

(1) Webcasting: The Executive Director announced that he hopes to have someone from the City' Information Technology Department speak with the Board at either the September 8th or September 19th meeting, with the hope of having a proposal and a timeline to begin webcasting by the end of September.

Commissioner Kavanagh requested a report or update on the current legal situation at the Drayage warehouse. He would like to consider an action item offering the Board's Legal Staff's expertise to the Drayage residents.

Item 8. Adjournment. M/S/C (Payne/Walden) Chairperson Chong adjourned at 8:23 p.m.