RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, December 6, 2004
7 PM

APPROVED

Item 1. Call to Order - Commissioner Spector chaired and called the meeting to order at 7:05 p.m. 

Commissioners Present: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Approval of the Agenda . M/S/C (Payne/Walden) APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 3. Special Order of Business

a. Commissioner Spector introduced the Boardmembers-elect, Jesse Arreguin, Jack Harrison, Jason Overman, and Eleanor Walden.

b. Acting City Clerk Sara Cox administered the Oath of Office to Board members-elect, Jesse Arreguin, Jack Harrison, Jason Overman, and Eleanor Walden.

c. The Executive Director opened the nominations for a Board Chairperson.

Commissioner Spector nominated Howard Chong to serve as Chairperson and he accepted.

Commissioner Walden nominated Pinkie Payne to serve as Chairperson. Commissioner Payne withdrew her name.

With no further nominations, Executive Director Jay Kelekian closed the nominations and requested a voice vote on the following nomination and motion.

M/S/C (Spector/Payne) TO ELECT COMMISSIONER HOWARD CHONG TO CHAIR OF THE RENT STABILIZATION BOARD. Voice vote. Passed: 9-0-0-0.

d. Newly elected Chairperson Chong opened the nominations for a Board Vice-Chairperson.

Commissioner Walden nominated Pinkie Payne and she accepted. M/S/C (Walden/Spector) TO ELECT COMMISSIONER PINKIE PAYNE TO VICE-CHAIR OF THE RENT STABILIZATION BOARD.

Substitute Motion: M/S/C (Kavanagh/Harrison) TO ROTATE THE VICE-CHAIR POSITION TO GIVE ALL BOARD MEMBERS A CHANCE TO CHAIR. After Board discussion and Commissioner Arreguin's suggestion to revisit the subject of rotation at a future meeting, the substitute motion was amended and accepted by Kavanagh as follows: TO ELECT A VICE-CHAIR FOR A PERIOD OF SIX MONTHS AT WHICH TIME THE BOARD WILL REVISIT A POSSIBLE VICE-CHAIR ROTATION PROCESS FOR THE REMAINDER OF THE YEAR. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

With no further nominations, Chair Chong closed the nominations and called for a voice vote on the first motion: TO ELECT PINKIE PAYNE TO VICE-CHAIR OF THE RENT STABILIZATION BOARD. Passed: 9-0-0-0.

e. Comments and acceptance speeches were made by the newly elected Chair, Howard Chong and Vice Chair, Pinkie Payne and Board members elect. Board members elect, Jesse Arreguin, Jason Overman and Eleanor Walden acceptance speeches included gratitude to the Berkeley voters and anticipated future Rent Board and housing challenges and goals.

Item 4. Public Forum. The following speakers enthusiastically welcomed the newly elected Commissioners: Max Anderson, newly elected Councilmember and former Rent Board Commissioner, Councilmember Dona Spring, Councilmember Kris Worthington, Paul Hogarth, former Rent Board Commissioner, Norma Harrison, Berkeley resident, and Nicholas Smith, Berkeley resident and student.

Item 5. Approval of the Minutes. M/S/C (Payne/Walden) TO APPROVE THE MINUTES OF THE NOVEMBER 15, 2004 REGULAR MEETING MINUTES. Voice vote. Passed: 6-0-3-0 Abstain: Arreguin, Harrison, Overman.

Item 6. Special Order of Business. Christine Minnehan, Rent Board Legislative Advocate, welcomed the newly elected Commissioners and gave an update on State Legislation.

Item 7. Appeal E-51; 1716 10th Street. M/S/C (Evans/Payne) TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 8.a.(1) That the Board adopt on second reading proposed Amendments 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 (Harrison/Overman) TO ADOPT ON SECOND READING PROPOSED AMENDMENTS TO REGULATIONS 701, 702 AND 703. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 8.a.(2) That the Board adopt on second 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 (Arreguin/Walden) TO ADOPT ON SECOND READING PROPOSED AMENDMENT TO REGULATION 1100. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None. Passed: 9-0-0-0.

Item 8.a.(3) That the Board adopt on second 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 (Walden/Payne) TO ADOPT ON SECOND READING PROPOSED REGULATION 1241.5. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 8.a.(4) That the Board adopt on second reading a proposed amendment to 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 (Evans/Harrison) TO ADOPT ON SECOND READING PROPOSED AMENDMENT TO REGULATION 1310. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 8.a.(5) Proposal to cancel December 20, 2004 meeting and to approve 2005 Calendar Year Rent Stabilization Board meeting schedule. [PDF file, requires Adobe Acrobat Reader.] Commissioner Overman requested the motion be split into two parts, the cancellation of the December 20th meeting and the approval of a 2005 meeting schedule. Chair Chong agreed to bifurcate the motion.

M/S/C (Arreguin/Harrison) TO APPROVE THE CANCELLATION OF THE NEXT BOARD MEETING ON DECEMBER 20, 2004. Voice vote. Passed: 9-0-0-0.

M/S/F (Overman/Evans) TO ADOPT THE SCHEDULE WITHOUT THE PROPOSED CANCELLATIONS OF THE THURSDAY, FEBRUARY 24, 2005 AND THURSDAY, OCTOBER 6, 2005 MEETINGS AND TO HOLD THOSE TWO THURSDAY MEETINGS IN FEBRUARY AND OCTOBER AT THE NORTH BERKELEY SENIOR CENTER TO ACCOMMODATE THE ZONING BOARD. Roll call vote. Yes: Arreguin, Evans, Overman, Walden; No: Chong, Harrison, Payne, Spector; Abstain: Kavanagh; Absent: None. Failed: 4-4-1-0.

M/S/C (Spector/Payne) TO ADOPT THE MEETING SCHEDULE AS PROPOSED BY THE EXECUTIVE DIRECTOR. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 8.a.(6) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address 
3205                 1512 Harmon Street 
3207                 1446 MLK Jr. Way

Discretionary Waivers

Waiver No.      Property Address 
3060                 1939 Francisco Street 
3155                 1608 62nd Street 
3188                 2633-2635 Regent Street 
3206                 1337 Henry Street 
3211                 2215 Bonar Street

Commissioner Evans pulled Waiver Number 3211.

M/S/C (Kavanagh/Payne) TO ACCEPT EXECUTIVE DIRECTOR'S RECOMMENDATIONS ON ALL WAIVERS WITH THE EXCEPTION OF NUMBER 3211; 2215 Bonar Street. Voice vote. Passed: 9-0-0-0.

M/S/C (Evans/Harrison) TO ACCEPT THE RECOMMENDATION BY EXECUTIVE DIRECTOR ON UNIT B OF WAIVER NUMBER 3211 AND MODIFY THE RECOMMENDATION ON UNIT E FROM 80% TO 50%, IMPOSING A PENALTY OF $582. Roll call vote. Yes: Arreguin, Evans, Harrison, Spector, Walden; No: Chong; Abstain: Kavanagh, Overman, Payne; Absent: None. Passed: 5-1-3-0.

Item 9.b. Committee meeting announcements and reports. Chair Chong asked that the Boardmembers, in particular the newly elected Boardmembers, submit to him their committee choices in order of preference. He will review and announce committee assignments at the next regular Board meeting at which time scheduling of committee meetings will resume.

(1) Budget/Personnel 

(2) Outreach 

(3) Eviction 

(4) IRA/AGA 

(5) 4 x 4

Item 10. Adjournment. M/S/C (Payne/Evans) Chairperson Chong adjourned at 9:35 p.m., in honor of the newly elected Board Commissioners Arreguin, Harrison, Overman and Walden.