RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, October 4, 2004
7 PM

APPROVED 

Item 1. Call to Order - Chair Anderson called the meeting to order at 7:05 p.m.

Commissioners Present: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh (arrived 7:08), Payne, Walden (arrived 7:08) 

Commissioners Absent: Spector 

Staff Present: Baar, Kelekian, Tine, Wyche

Item 2. Approval of the Agenda . M/S/C (Payne/Alberti) TO APPROVE AS WRITTEN. CHAIR ANDERSON NOTED THAT APPEAL T-4253, 2323 HEARST AVENUE, WAS CONTINUED TO THE NOVEMBER 15TH BOARD MEETING. Voice vote. Passed: 6-0-0-3. Absent: Kavanagh, Spector, Walden.

Item 5. Approval of the September 20, 2004 regular meeting minutes. M/S/C (Evans/Hogarth) TO APPROVE AS WRITTEN. Voice vote. Passed: 6-0-0-3 Absent: Kavanagh, Spector, Walden.

Item 4. Public Forum. There were no speakers.

Item 3. Public Hearing on the Year 2005 Annual General Adjustment (AGA) and the draft AGA Report.

a. Update on operating costs for AGA. Dr. Kenneth Baar presented his first report.

M/S/C (Alberti/Payne) TO OPEN PUBLIC HEARING. Voice vote. Passed: 8-0-0-1 Absent: Spector. Chair Anderson opened the Public Hearing at 7:20 p.m.

b. Testimony from member of the public. There were no speakers.

M/S/C (Hogarth/Payne) TO CLOSE PUBLIC HEARING. Voice vote. Passed: 8-0-0-1. Absent: Spector.

c. Discussion between Board members and questions to staff and consultant. No Action Taken.

Chair Anderson invited those interested in the AGA process to attend the second and final AGA Public Hearing scheduled at 7:05 p.m. during the next regular Board meeting on October 18, 2004, as previously noticed in the Daily Cal Newspaper. The Executive Director also invited the public to attend the next IRA/AGA Committee meeting on Tuesday, October 12th at 6 p.m. to be held at the Rent Board Offices at 2001 Center, 2nd Floor, Law Library.

Item 6. Appeal T-4253; 2323 Hearst Avenue. (Continued to November 15, 2004 meeting.)

Item 7.a.(1) Recommendation to adopt a Resolution authorizing the Executive Director to extend the agreement with the City of Berkeley Housing Department whereby the Board will pay the Housing Department no more than $10,000 in the 2004/2005 Fiscal Year to continue to monitor the contract compliance of the Board's community agency service providers. M/S/C (Hogarth/Payne) TO ADOPT RESOLUTION AND EXTEND THE AGREEMENT WITH THE CITY OF BERKELEY HOUSING DEPARTMENT AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Walden; No: None; Abstain: None; Absent: Spector. Passed: 8-0-0-1.

Item 7.a.(2) Authorizing the Executive Director to enter into an agreement with the City of Berkeley Housing Department whereby the Board will reimburse the Housing Department no more than $50,000 in the FY 2004/2005 for use of a Senior Planner to collect and analyze data and provide requested reports on rental housing trends in the City of Berkeley, as well as assist in the preparation of the 2005 AGA report. M/S/C (Chong/Hogarth) TO ADOPT RESOLUTION AND ENTER INTO AN AGREEMENT WITH THE CITY OF BERKELEY HOUSING DEPARTMENT AS WRITTEN. Roll call vote. Yes: Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Walden; No: None; Abstain: Alberti; Absent: Spector. Passed: 7-0-1-1.

Item 7.a.(3) Proposal to approve staff recommendation on the following request for waiver of late registration penalties. (Executive Director)

Ministerial Waivers

Waiver No.      Property Address
3150                 2433 San Pablo Avenue

Discretionary Waivers

Waiver No.      Property Address
3156                 2204 Channing Way 
3157                 2201 Channing Way 
3159                 2919 Hillegass Avenue 
3182                 2201/2205 Blake Street; 2517 Fulton 
3191                 1211 Parker Street 
3193                 2115 Spaulding Avenue 
3196                 2430 Fulton Street 
3197                 2709 Dana Street 
3199                 1917 Curtis Street 
3200                 1615 Parker Street

Commissioner Evans pulled waiver numbers 3196, 3197 and 3199; Commissioner Alberti pulled waiver numbers 3156 and 3157.

M/S/C (Hogarth/Alberti) TO AFFIRM EXECUTIVE DIRECTOR'S RECOMMENDATION ON REMAINING WAIVER NUMBERS 3150, 3159, 3182, 3191, 3193, AND 3200. Voice vote. 6-0-2-1. Abstentions: Evans, Walden; Absent: Spector.

M/S/C (Evans/Walden) TO MODIFY THE EXECUTIVE DIRECTOR'S RECOMMENDATION ON WAIVER NUMBER 3196, BY IMPOSING THE $272 PENALTY INCURRED IN JULY 2003 AND WAIVING 75% OF THE REMAINING $544 IN PENALTIES INCURRED FOLLOWING TRANSFER OF THE PROPERTY TO THE CURRENT OWNER. A friendly amendment was made by Commissioner Chong and accepted TO WAIVE 90% OF THE REMAINING $544 PENALTIES (rather than 75% as recommended) AND IMPOSING THE REMAINING BALANCE OF $54, BRINGING THE TOTAL PENALTIES NOT WAIVED TO $326. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Payne, Walden; No: None; Abstentions: Anderson, Kavanagh; Absent: Spector. Passed: 6-0-2-1.

M/S/C (Chong/Evans) TO MODIFY THE EXECUTIVE DIRECTOR'S RECOMMENDATION ON WAIVER NUMBERS 3197 AND 3199, BY NOT WAIVING TWO $272 PENALTIES INCURRED BY THE PREVIOUS OWNER, OR $544, AND WAIVING 80% OF THE REMAINING BALANCE OF $544,OR $108, THEREFORE IMPOSING A TOTAL OF $652 IN PENALTIES.

M/S/C (Hogarth/Evans) TO MODIFY THE EXECUTIVE DIRECTOR'S RECOMMENDATION ON WAIVERS 3156 (2204 CHANNING) AND 3157 (2201 CHANNING), BY WAIVING 75% OF THE $816 PENALTY ON 2201 CHANNING, OR $612, AND IMPOSING THE REMAINING $204; AND WAIVING 90% OF THE $816 PENALTY ON 2204 CHANNING, OR $734, AND IMPOSING THE REMAINING $82. Roll call vote. Yes: Alberti, Anderson, Evans, Hogarth, Walden; No: None; Abstentions: Chong, Kavanagh, Payne; Absent: Spector. Passed: 5-0-3-1.

Item 8.b. Committee meeting announcements and reports.

(1) Budget/Personnel - No meeting scheduled. 

(2) Outreach - No meeting scheduled 

(3) Eviction - No meeting scheduled. 

(4) IRA/AGA - Next meeting: Tuesday, October 12th at 6:00 p.m. 

(5) 4 x 4 - No meeting scheduled.

Item 9. Adjournment. M/S/C (Hogarth/Evans) Chair Anderson adjourned at 8:43 p.m.