RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, April 19, 2004
7 PM

APPROVED 


Item 1. Call to Order - Chair Anderson called the meeting to order at 7:09 p.m. Secretary Pam Wyche called roll. 

Commissioners Present: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Tine, Wyche 

Call to Order - Chair Anderson called the Closed Session meeting to order at 9:40 p.m. 

Commissioners Present: Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Spector 

Commissioners Absent: Alberti, Walden

Item 2. Approval of the Agenda. M/S/C (Hogarth/Alberti) TO APPROVE AS WRITTEN NOTING APPEAL HAS BEEN CONTINUED. Voice vote. Passed: 9-0.

Item 3. Public Forum.  Wanda Remmers, representing Housing Rights, Inc., spoke of her concerns relative to the proposed initiative on Section 8 specifically the wording on retroactivity and tenants already paying more than 30%.

Item 4.a. Approval of the March 29, 2004 special meeting minutes. M/S/C (Payne/Chong) APPROVED AS WRITTEN. Voice vote. Passed: 8-0-1-0. Abstain: Hogarth.

Item 4.b. Approval of the April 8, 2004 regular meeting minutes.  M/S/C (Hogarth/Payne) APPROVED AS WRITTEN. Voice vote. Passed: 7-0-2-0. Abstain: Anderson, Kavanagh.

Item 6.a.1. Referral by the 4 x 4 Committee to place a measure on the November 2004 ballot amending various sections of the Ordinance. Board agreed to discuss and act on each item separately.

I. Amending Section 13.76.090 of the Ordinance to delete the prohibition on the City using information supplied to the Rent Stabilization Program.

M/S/C (Hogarth/Spector) APPROVE AS WRITTEN WITH A RECOMMENDATION TO THE 4 X 4 COMMITTEE TO ADD THE WORDING "….and where otherwise permitted by State law." TO THE LAST SENTENCE OF THE MEASURE, AS SUGGESTED BY THE CITY ATTORNEY. Voice vote. Passed: 9-0.

M/S/C (Alberti/Walden) TO REFER THIS RECOMMENDATION ON THE ABOVE ITEM I. TO THE 4 X 4 COMMITTEE FOR FINAL LANGUAGE. Voice vote. Passed: 9-0.

II. Amending Section 13.76.190 of the Ordinance to eliminate criminal penalties for willful violations of the Ordinance. 

M/S/C (Alberti/Hogarth) TO RECOMMEND THAT THE WORD "pattern" BE REMOVED AND TO CHANGE THE WORD "violations" TO "violation" AND TO REFER TO THE 4 X 4 COMMITTEE FOR FINAL LANGUAGE. Roll call vote. Passed: 9-0.

III. Amending the Ordinance to provide additional protections for Section 8 tenants.

M/S/C (Hogarth/Alberti) TO REFER BACK TO 4 X 4 COMMITTEE FOR REVIEW OF CONCERNS ABOUT HOW RETROACTIVITY WOULD APPLY AND FINAL LANGUAGE. Voice vote. Passed: 9-0.

IV. Amending the Ordinance to provide at least partial exemption for designated non-profit housing providers. (Held over until next meeting pending 4 x 4 Committee recommendation.

V. Amending Section 13.76.070 of the Ordinance to alter the process by which the interest on security deposits refunded to tenants is calculated.

M/S/C (Hogarth/Alberti) APPROVE AS WRITTEN AND REFER TO CITY COUNCIL. Roll call vote. Yes: Alberti, Anderson, Chong, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: Evans; Absent: None. Passed: 8-0-1-0.

VI. Amending the Ordinance to prohibit owners from unreasonably withholding consent to allow replacement of a roommate. (Held over until next meeting pending 4 x 4 Committee recommendation.)

VII. Amending the Ordinance to revise the method of establishing a base rent for a unit without a rent history.

M/S/C (Hogarth/Payne) TO APPROVE AS WRITTEN AND REFER TO CITY COUNCIL Voice vote. Passed: 9-0.

VIII. Amending Section 13.76.040 A of the Ordinance, which refers to the appointed Board.

M/S/C (Spector/Alberti) APPROVE AS WRITTEN AND REFER TO CITY COUNCIL. Voice vote. Passed: 9-0.

Item 6.a.2. First reading of proposal to amend Regulation 1004 [PDF file, requires Adobe Acrobat Reader] , Provision of Certificate of Permissible Rent Level. M/S/C (Spector/Chong) TO ADOPT PROPOSAL TO AMEND REGULATION 1004 AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden. Passed: 9-0.

Item 6.a.3. First reading to propose amending Regulation 1009[PDF file, requires Adobe Acrobat Reader], Basis for Redetermination of Permissible Rent Level. M/S/C (Chong/Walden) TO ADOPT PROPOSAL TO AMEND REGULATION 1009 AS WRITTEN. Roll call vote. Passed: 9-0.

Item 6.a.4. Adopt a resolution modifying the Position Detail to add a Community Service Specialist I position. M/S/C (Walden/Payne) TO ADOPT A RESOLUTION TO ADD A COMMUNITY SERVICE SPECIALIST I POSITION. Roll call vote. Passed: 9-0

Item 6.a.5. Adopt a resolution authorizing the Executive Director to fill a temporary benefited Staff Attorney I position for a period not to exceed six months. M/S/C (Hogarth/Chong) TO ADOPT A RESOLUTION TO ADD A TEMPORARY, BENEFITED STAFF ATTORNEY I POSITION. Roll call vote. Yes: Anderson, Chong, Hogarth, Kavanagh, Payne, Spector, Walden; No: Alberti; Abstain: Evans; Absent: None. Passed: 7-1-1-0.

Item 6.a.6. Proposal to approve Executive Director's recommendations on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address
3114                 3027 Fulton Street 
3132                 3240 Adeline Street 

Discretionary Waivers

Waiver No.      Property Address
3133                 1629 Stuart Street 
3138                 2032 & 2034 Hearst Street 
3144                 1929 Fairview Street 
3145                 1810 Euclid Avenue 
3146                 1218 Haskell Street 
3147                 1917 Delaware Street

Commissioner Evans pulled Waiver Number 3144.

M/S/C (Alberti/Chong) TO ACCEPT THE EXECUTIVE DIRECTOR'S RECOMMENDATION ON ALL WAIVERS LISTED EXCEPT NUMBER 3144. Voice vote. Passed: 9-0.

M/S/C (Chong/Alberti) TO ACCEPT THE EXECUTIVE DIRECTOR'S RECOMMENDATION ON WAIVER NUMBER 3144, STIPULATED ON PAYMENT WITHIN THIRTY (30) DAYS OR 100% PENALTY WILL APPLY. Roll call vote. Yes: Alberti, Anderson, Chong, Hogarth, Kavanagh, Payne, Spector, Walden; No: Evans; Abstain: None; Absent: None. Passed: 8-1-0-0.

Item 7b. Committee meeting announcements and reports.

(1) Budget/Personnel - Tuesday, April 26th at 11:00 a.m. 

(2) Outreach - No meeting scheduled. 

(3) Eviction - Thursday, May 13th at 6 p.m. 

(4) IRA/AGA - Tuesday, April 20th at 6 p.m. 

(5) 4x4 Council/RSB - Monday, April 26th at North Berkeley Senior Center, 1901 Hearst Avenue at MLK, Multipurpose Room.

Item 8. Closed Session pursuant to Government Code section 54957. 9:40 p.m.

Public Employee Performance Evaluation. 
Title: Executive Director.

No reportable action taken.

Item 9. Adjournment M/S/C (Payne/Hogarth) Chair Anderson adjourned at 9:55 p.m