RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, November 21, 2005
7 PM

APPROVED 

Item 1. Call to Order - - Chairperson Chong called the meeting to order at 7:03 p.m. Pam Wyche called roll. 

Commissioners Present: Arreguin (arrived 7:33), Chong, Evans, Harrison, Kavanagh, Overman (arrived 7:06), Payne, Spector, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, LaSala, Wyche

Item 2. Approval of the Agenda. M/S/C (Evans/Walden) TO APPROVE AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Arreguin, Overman.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the October 17, 2005 regular meeting minutes. M/S/C (Walden/Payne) TO APPROVE AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Arreguin.

Item 5. Presentation on Web Casting of Rent Stabilization Board Meetings, by City of Berkeley, Information Technology Department Deputy Director, Donna LaSala. After the presentation by Donna LaSala, the Board asked questions and discussed the possibility of web casting the Rent Board meetings in the near future. M/S/C (Overman/Walden) TO DIRECT STAFF TO BRING BACK A WEB CASTING RECOMMENDATION TO THE NEXT REGULAR BOARD MEETING. Voice vote. Passed: 8-0-0-1 Absent: Arreguin.

Item 6. Appeal T-4641 - 2199 Grant Street #3. (Continued from October 17th meeting.) M/S/C (Evans/Spector) TO ADOPT LEGAL STAFF RECOMMENDATION TO GRANT A 5% RENT REDUCTION FOR THE BATHROOM LEAK; CHANGE THE BEGINNING DATE FOR THE LOOSE RAILING TO NO LATER THAN FEBRUARY 16, 2005; AND REMAND TO THE HEARING EXAMINER TO DETERMINE THE FOLLOWING: (1) WHETHER AN EARLIER DATE FOR THE RENT REDUCTION FOR THE LOOSE RAILING IS APPROPRIATE AND TO DETERMINE AN APPROPRIATE ENDING DATE; (2) TO ALLOW AMENDMENT OF SCHEDULE C AND THE CONSIDERATION OF THE CLAUDIO BLUER INSPECTION REPORT; (3) WHETHER THE BLUER REPORT AND OTHER EVIDENCE CALLS FOR A RENT REDUCTION UNDER PROVISIONS OF REGULATION 1269 (B), AS WELL AS THE WARRANTY OF HABITABILITY; AND (4) WHETHER THE LANDLORD, OR THE LANDLORD'S PREDECESSOR IN INTEREST, RETAINED RENT IN EXCESS OF THAT ALLOWED BY THE ORDINANCE AND IF SO, FIND THE LANDLORD INELIGIBLE FOR SUBSEQUENT AGA'S, UNLESS THE PETRIS BILL WOULD PROHIBIT A DENIAL OF THOSE AGA'S. A friendly amendment was made by Commissioner Arreguin and accepted. THAT THE HEARING EXAMINER ALSO EXPLORE THE APPLICABILITY OF REGULATION 1269 (B) 4., WHICH STATES THAT THE PERIOD FOR RENT REDUCTIONS ENDS ON THE DATE OF THE FIRST RENT PAYMENT AFTER ADEQUATE PROOF HAS BEEN SUBMITTED TO THE BOARD. Roll call vote. Yes: Arreguin, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: Chong: Abstain: Payne; Absent: None. Passed 7-1-1-0.

Commissioner Arreguin left at 8:33 p.m.

Item 7.a.(1) Recommendation that the Board authorize the Executive Director to increase the Volt Temporary Services purchase order. M/S/C (Payne/Harrison) TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO INCREASE THE VOLT TEMPORARY SERVICES PURCHASE ORDER TO AN AMOUNT NOT TO EXCEED $25,000. Voice vote. Passed: 8-0-0-1. Absent: Arreguin. [PDF file, requires Adobe Acrobat Reader ]

Item 7.a.(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address 
3268                 2311 Piedmont 
3289                 1920/1922 Bonita Avenue

Discretionary Waivers

Waiver No.      Property Address
3276                 2531 Ridge Road 
3277                 2205/2207 5th Street 
3278                 804/806 Allston Way 
3279                 2824 10th Street 
3280                 2331 9th Street 
3281                 3207/3209/3211/3213 Ellis Street 
3282                 1530 Henry Street 
3284                 1607 Walnut Street 
3288                 1612 Hopkins Street 
3298                 2315 Durant Avenue 
3301                 1347 Hearst Avenue

The Executive Director pulled Waiver Number 3284 to suggest a revised recommendation. Commissioner Evans pulled Waiver Numbers 3276.

M/S/C (Spector/Overman) TO ACCEPT STAFF RECOMMENDATION ON ALL WAIVERS LISTED WITH THE EXCEPTION OF NUMBERS 3276 AND 3284. Voice vote. Passed: 8-0-0-1. Absent: Arreguin.

Request made by Commissioner Evans to put Waiver Number 3276 over to the next meeting to determine if the landlord received notice of the Small Claims action after July 5, was accepted by the full Board.

M/S/C (Overman/Walden) TO ACCEPT EXECUTIVE DIRECTOR'S REVISED RECOMMENDATION ON WAIVER NUMBER 3284, TO CONSIDER THIS THE SECOND LATE VIOLATION RATHER THAN THE THIRD, SINCE THE FIRST TWO WERE THE EXACT SAME FACT SITUATIONS AND WITHIN A MONTH OF EACH OTHER, AND THEREFORE CHANGING THE WAIVED AMOUNT TO 90% OPPOSED TO 75%. Voice vote. Passed: 8-0-0-1 Absent: Arreguin.

Item 8.a.(1) Update by Executive Director on proposed changes to the Ellis Implementation Ordinance. First reading, which included recommendations from the Board, was approved at the November 15th City Council meeting [Links to City Council Agenda Item 8.a.(1), November 15, 2005; PDF file, requires Adobe Acrobat Reader ]

Item 8.a.(2) Update by Executive Director on Soft Story Ordinance. All Board recommendations accepted by Council.

Item 8.a.(3) Update by Executive Director on changes to the TIC/Condo Conversion Ordinance. All Board recommendations from the October 17, 2005 regular Board meeting were accepted by Council.

Item 8.a.(4) Market Median Rent for the period January 1999 through September 2005. Executive Director pointed out a typo on page, 3 second to the last column, for the annual citywide medians and average for 9/30/2005 should read $1,060  (Links to a PDF file requiring Adobe Acrobat Reader.) 

Item 8.b. Announcement of Upcoming Committee Meetings:

(1) Budget and Personnel: No meeting scheduled. 

(2) Outreach: Tentatively scheduled for Wednesday, November 30th at 6:30 p.m. upon staff availability. 

(3) IRA/AGA: Monday, December 12th at 6 p.m. 

(4) Eviction: TBA 

(5) 4 x 4 City Council/RSB Housing Committee: TBA

Item 8.c. Discussion of items for possible placement on future agenda.

(1) Selection of Chair and Vice Chair. (Chong) 

(2) Staff recommendation on web casting. (Overman) 

(3) Discussion of Regulation 1269 (B) 4. (Arreguin)

Item 9. Adjournment: M/S/C (Walden/Overman) Commissioner Walden moved to adjourn in the name and honor of the late Rosa Parks, a civil rights pioneer who was paramount in the grass roots movement that changed the profile of our Country for the better. Chair Chong adjourned at 9:10 p.m. in the name and honor of Rosa Parks.