RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, October 17, 2005
7 PM

APPROVED 

Item 1. Call to Order - - Chairperson Chong called the meeting to order at 7:05 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin, Chong, Evans (arrived 7:10), Harrison (arrived 7:25), Kavanagh, Overman, Payne, Spector, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Tine, Wyche

Item 2. Approval of the Agenda . M/S/C (Arreguin/Payne) APPROVE AS AMENDED TO MOVE INFORMATION ITEM NUMBER 7.a.(3) TO THE ACTION CALENDAR. Voice vote. Passed: 6-0-1-2. Abstain: Overman; Absent: Evans, Harrison.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the Minutes. M/S/C (Arreguin/Kavanagh TO APPROVE THE SEPTEMBER 8, 2005 MINUTES AS AMENDED TO CHANGE THE WORDING IN ITEM NUMBER 6.a.(3) TO READ AS FOLLOWS: THAT THE RENT BOARD RECOMMEND THAT THE CITY COUNCIL ADOPT THE REVISED SOFT STORY ORDINANCE AS ADOPTED BY THE HOUSING ADVISORY COMMISSION (HAC) AND CONTINUE TO OFFER THE FIVE COMMENTS/RECOMMENDATIONS ADOPTED AT OUR JUNE MEETING. Voice vote. Passed: 8-0-1-0. Abstain: Overman.

Item 5. Appeal T-4641 - 2199 Grant Street #3. (Continued to November 21st meeting.)

Item 6.a.(1) Adoption of the 2006 Annual General Adjustment (AGA) Order, Regulation 1128. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Payne/Walden) THAT THE BOARD ADOPT A RESOLUTION TO PUBLISH AND PUBLICIZE, PURSUANT TO BERKELEY MUNICIPAL CODE SECTION 13.76.110, THAT THE ANNUAL GENERAL ADJUSTMENT (AGA) OF RENT CEILINGS FOR 2006 IS AN UPWARD ADJUSTMENT OF 0.7%. Passed 8-0-0-1 Absent: Harrison.

Item 6.a.(2) Recommendation that the Board immediately adopt Regulation 1017 as an emergency regulation in accordance with Regulation 608. Regulation 1017 is intended to enable landlords to provide emergency housing to disaster victims without risk of suffering long-term financial disadvantage and to assist disaster victims in finding temporary housing while coping with the effects of the disaster. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Evans/Walden) THE BOARD FINDS IT NECESSARY TO ADOPT AN EMERGENCY RESOLUTION TO PRESERVE THE HEALTH, SAFETY AND WELFARE AND THEREFORE ADOPTS REGULATION 1017 WITH ONE CHANGE UNDER SUBSECTION (B) LAST SENTENCE WILL READ "…regulation, which; said resolution will remain in effect for six months unless either rescinded earlier or extended by the Board. Voice vote. Passed: 8-0-0-1 Absent: Harrison. Minutes of October 17, 2005 meeting Page 2

M/S/C (Evans/Arreguin) TO ADOPT THE RESOLUTION INVOKING THE PROVISIONS OF REGULATION 1017 TO ASSIST PROPERTY OWNERS IN OFFERING RENTAL UNITS AT BELOW MARKET RENTAL RATES AS TEMPORARY HOUSING FOR VICTIMS OF HURRICANES KATRINA AND RITA WITH ONE CHANGE. IN THE LAST NOW, THEREFORE BE IT RESOLVED PARAGRAPH ….on or after August 29, 2005, for a period of six months unless this resolution is rescinded or extended pursuant to Regulation 1017. and for so long as Regulation 1017 remains in effect. Voice vote. Passed: 9-0-0-0.

Item 6.a.(3) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

The Board was presented a list of 90-Day Administrative Waivers totaling 290 properties totaling $191,969 in penalties, which the Director indicated, would be waived administratively in accordance with Regulation 883(H).

Ministerial Waivers

Waiver No.      Property Address
3266                 2336 Curtis Street 
3270                 2732 Derby Street 
3290                 2526 Piedmont Avenue 
3300                 2129 Rose Street

Discretionary Waivers

Waiver No.      Property Address
3273                 2920 Stanton Avenue 
3287                 1345 Ward Street 
3292                 2533 Hillegass Avenue 
3293                 2559 Le Conte Avenue

Commissioner Arreguin pulled Waiver Numbers 3292 and 3293.

M/S/C (Evans/Payne) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBERS 3273 AND 3287. Voice vote. Passed : 9-0-0-0.

M/S/C (Arreguin/Walden) TO WAIVE 80% OF THE PENALTIES ASSESSED FOR WAIVER NUMBERS 3292 AND 3293. Roll call vote. Yes: Arreguin, Evans, Harrison, Overman, Payne, Walden; No: Chong, Spector; Abstain: Kavanagh; Absent: None. Passed: 6-2-1-0.

Item 6.a.(4) Recommendation to cancel November 7, 2005 meeting due to the election. [PDF file, requires Adobe Acrobat Reader.]

M/S (Overman/Kavanagh) RATHER THAN CANCEL THE MEETING ON NOVEMBER 7TH, THAT THE BOARD, SUBJECT TO THE AVAILABILITY OF A VENUE, RESCHEDULE IT TO THE THURSDAY IN THAT WEEK, NOVEMBER 10TH. Roll call vote. Yes: Kavanagh, Overman; No: Arreguin, Chong, Evans, Harrison, Payne, Spector, Walden. Motion Failed: 2-7-0-0.

M/S/C (Payne/Spector) TO CANCEL THE NOVEMBER 7TH RENT STABILIZATION BOARD REGULAR MEETING DUE TO THE ELECTION. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Payne, Spector, Walden; No: Overman; Abstain: None; Absent: None. Passed: 8-1-0-0.

Item 7.a.(3) Update and possible action on changes to the TIC/Condo Conversion Ordinance. Letter to Mayor and City Council re proposed amendments. (Moved from Information Calendar to Action Calendar.) [Links to City Council Report.] M/S/C (Arreguin/Overman) BOARD TO RECOMMEND TO THE CITY COUNCIL TO SUPPORT TENANT PROTECTION ALTERNATIVE 2, IN SECTION 21.28.120 OF THE PROPOSED ORDINANCE, TO RETAIN EXISTING LAW TO PROTECT TENANTS FROM CONVERSION; AND THAT THE BOARD SUPPORTS DUPLEX ALTERNATIVE 2 TO ESTABLISH A 5% MITIGATION FEE FOR DUPLEXES. Voice vote. 9-0-0-0.

Item 7.a.(1) Update on Apparent Lawful Rent notices. The Executive Director briefly discussed the letters and handouts, which were included in the agenda packet.

Item 7.a.(2) Update on Soft Story Ordinance. [Links to City Council Report.] Executive Director and Board members discussed the Planning Department's report to Council and the recommendations made by the Board. The Executive Director said he would be present at the Council meeting to answer any possible questions concerning the Rent Ordinance or how it applies.

Item 7.a.(4) Update of Drayage Building situation. Executive Director and Boardmembers discussed the Daily Planet article regarding the final resolution of the situation. Commissioner Kavanagh suggested that the IRA/AGA Committee revisit the issue.

Item 7.b. Announcement of Upcoming Committee Meetings: 

(1) Budget and Personnel: Friday, November 10th at 1 p.m. 

(2) Outreach: Wednesday, November 2nd at 6 p.m. 

(3) IRA/AGA: No meeting scheduled. 

(4) Eviction: No meeting scheduled. 

(5) 4 x 4 City Council/RSB Housing Committee: No meeting scheduled.

Item 7.c. Discussion of items for possible placement on future agenda.

(1) Report on web casting. (Overman) 

(2) Resolution of principle regarding the Federal Government spending priorities pertaining to housing and other issues. (Kavanagh)

Item 8. Adjournment: M/S/C (Payne/Walden) Commissioner Payne moved to adjourn in memory of those who have lost their lives, to their families and to all the evacuees who have suffered as a result of Hurricanes Katrina and Rita. Chair Chong adjourned at 8:51 p.m. in their memory honor.