RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, November 15, 2004
7 PM

APPROVED

Item 1. Call to Order - Chair Anderson called the Closed Session to order at 6:00 p.m. and the regular meeting to order at 7:00 p.m. 

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

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Tine, Wyche

Item 2. Closed Session - 6:00 p.m.

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

City of Berkeley Rent Stabilization Board v. Alpha Epsilon Phi, Alameda Superior Court Case No. 782442-3.

The Board voted to accept the offer to settle Alpha Epsilon Phi's outstanding obligation to the Board under a previously executed settlement and authorized staff to execute all papers necessary to complete the transaction. M/S/C (Hogarth/Spector) Roll call vote: Passed: 9-0-0-0.

CONFERENCE WITH LABOR NEGOTIATORS: Commissioners Chong, Hogarth, Payne and Walden, pursuant to Government Code section 54957.6 Unrepresented Employee: Executive Director

The Board ratified a proposed modification of its contract with the Board's Executive Director. The modification extends the length of the contract, increases the Director's salary, increases the Director's severance benefits and establishes a schedule for evaluating the Director's job performance. M/S/C (Chong/Payne) Roll call vote: Yes: Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Hogarth, Spector, Walden; No: None; Abstain: Alberti; Absent: None. Passed: 8-0-1-0.

Item 3. Approval of the Agenda. M/S/C (Hogarth/Spector) TO REVERSE ORDER OF APPEALS AND APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 4. Public Forum. There was one speaker, Kriss Worthington, City Councilmember, who personally thanked the outgoing Commissioners Alberti, Anderson and Hogarth for their diligence and outstanding service to the Board and many other contributions to the overall Berkeley Community. He specifically thanked Commissioner Hogarth for his dedication and passion in working with the student community.

Item 5. Approval of the Minutes. M/S/C (Evans/Alberti) TO APPROVE THE OCTOBER 18, 2004 REGULAR MEETING MINUTES. Voice vote. Passed: 8-0-1-0. Abstain: Spector.

Item 6. Special Order of Business

a. Former Rent Board Commissioner, Marc Janowitz, presented to Chair Anderson, on behalf of the Berkeley Rent Stabilization Board and staff, a resolution in appreciation of his 8 years of outstanding service as a Rent Board Commissioner and four years as the Board's Chair. Unanimously adopted.

b. Commissioner Spector presented to Commissioner and former Vice-Chair Alberti, on behalf of the Berkeley Rent Stabilization Board and staff, a Resolution in appreciation of her 4 years of outstanding service as a Rent Board Commissioner. Unanimously adopted.

c. Commissioner Chong presented toVice-Chair Hogarth, on behalf of the Berkeley Rent Stabilization Board and staff, a resolution in appreciation of his 4 years of outstanding service as a Rent Board Commissioner. Unanimously adopted.

The Executive Director, Jay Kelekian, presented Chair Anderson with an engraved gavel and Commissioners Alberti and Hogarth with engraved rosewood desk clocks from the Board members and staff. Each outgoing Commissioner gave an expressive departing speech.

Item 7.b. Appeal T-4291; 2413 Milvia Street, #5. M/S/C (Evans/Spector) TO AFFIRM HEARING EXAMINER'S DECISION THAT THERE HAS BEEN COMPLIANCE WITH THE OCTOBER 7, 2002 DECISION, WITH THE MODIFICATION THAT A NOTICE OF RENT INCREASE IS NECESSARY TO BRING THE RENT TO THE CURRENT LAWFUL RENT CEILING AND THAT THERE HAS BEEN NO FINDING AS TO WHEN EXACTLY THE COMPLIANCE WAS ACHIEVED. Roll call vote. Passed: 9-0-0-0.

Item 7.a. Appeal T-4253; 2323 Hearst Avenue. M/S/C (Hogarth/Evans) TO ACCEPT THE LEGAL DEPARTMENT RECOMMENDATION WITH THE EXCEPTION OF SECTION IV. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Spector; No: None; Abstain: Walden; Absent: None. Passed: 8-0-1-0.

Item 8.a.(1) That the Board adopt on first reading proposed Amendment to Regulations 701 [Security Deposits] and 702 [Payment of Interest on Security Deposits] and Proposed Repeal of Regulation 703 [Payment of Interest Where Funds are not Deposited] to Conform to Measure P. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Hogarth/Alberti) TO ADOPT ON FIRST READING PROPOSED AMENDMENT TO REGULATIONS 701, 702 AND 703. Roll call vote. Passed: 9-0-0-0.

Item 8.a.(2) That the Board adopt on first reading proposed Amendment to Regulation 1100 [Conditions for Taking Annual General Adjustments] to conform to Measure O by deleting Subdivision (A). [PDF file, requires Adobe Acrobat Reader.] M/S/C (Spector/Payne) TO ADOPT ON FIRST READING PROPOSED AMENDMENT TO REGULATION 1100. Roll call vote. Yes: Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: Alberti; Absent: None. Passed: 8-0-1-0.

Item 8.a.(3) That the Board adopt on first reading proposed Regulation 1241.5, Effect of Landlord's Offer to Comply with Rent Overcharge Refund Order, to provide that where a landlord offers to pay the full amount of a hearing examiner's rent refund order, (1) the tenant's acceptance of the payment constitutes a waiver of the tenant's appeal rights provided the tenant received written notification of the consequences of acceptance and (2) if the offer is not accepted, the landlord will nonetheless be deemed in compliance with the order provided the landlord deposits the payment into a Board maintained escrow account. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Chong/Alberti) TO ADOPT ON FIRST READING PROPOSED REGULATION 1241.5. Roll call vote. Passed: 9-0-0-0.

Item 8.a.(4) That the Board adopt on first reading a proposal to amend Regulation 1310 [All Evictions: Specificity of Good Cause in Notice and Complaint] to conform to Measure P. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Payne/Alberti) TO ADOPT ON FIRST READING PROPOSAL TO AMEND REGULATION 1310. Roll call vote. Passed: 9-0-0-0.

Item 8.a.(5) Proposal to approve staff recommendation on the following request for waiver of late registration penalties.

Discretionary Waivers

Waiver No.      Property Address
3129 & 3179   2110 Spaulding and 2204 California Street 
3180                 2308-A Haste Street 
3184                 1964 San Pablo Avenue 
3189                 2315 Durant Avenue 
3192                 1203 Haskell Street 
3194                 1930 Delaware Street 
3198                 2134 Bonar Street 
3201                 1615 Prince Street 
3213                 2029 Essex Street

M/S/C (Kavanagh/Payne) TO ACCEPT EXECUTIVE DIRECTOR'S RECOMMENDATIONS ON ALL WAIVERS WITH THE EXCEPTION OF NUMBER 3180, 2308-A Haste Street. Roll call vote. Yes: Alberti, Anderson, Chong, Hogarth, Kavanagh, Payne, Spector, Walden; No: None; Abstain: Evans; Absent: None. Passed: 8-0-1-0.

M/S/C (Alberti/Hogarth) TO WAIVE ENTIRE PENALTY FOR WAIVER NUMBER 3180. (Board instructed staff to send a letter to the owners informing them that the Board will not waive future penalties, and they will be held liable for penalties, if they cannot agree on a responsible party to receive bills and other communications and consequently are late again.) Roll call vote. Yes: Alberti, Anderson, Chong, Hogarth, Kavanagh, Payne, Walden; No: Spector; Abstain: Evans; Absent: None. Passed: 7-1-1-0.

Item 9.b. Committee meeting announcements and reports. The Board decided to wait to schedule committee meetings until after the new Commissioners are sworn in and new committee assignments are made.

(1) Budget/Personnel 

(2) Outreach 

(3) Eviction 

(4) IRA/AGA 

(5) 4 x 4

Item 10. Adjournment. M/S/C (Payne/Chong) Chair Anderson adjourned at 9:10 p.m., at the request of Commissioner Chong, in honor of the outgoing Commissioners Alberti, Anderson and Hogarth.