RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, January 6, 2003
7 PM

APPROVED 

Item 1. Call to Order - Vice Chair Alberti sat in as Chairperson in Commissioner Anderson's absence and called the meeting to order at 6:08 p.m. in order to go into closed session. Secretary Pam Wyche called the roll.

Commissioners Present: Alberti, Chong, Evans, Hogarth, Payne, Siegel, Spector.

Commissioners Absent: Anderson, Kavanagh

Staff present: Gelb, Kelekian, Tine, Wyche

Call to Order of Regular Meeting - Vice Chair Alberti called the regular meeting to order at 7:00 p.m. Secretary Pam Wyche called the roll.

Commissioners Present: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector.

Commissioners Absent: Anderson

Staff Present: Gelb, Kelekian, Kelly, Wyche

Item 2. Closed Session

Item 1. The Board met in closed session pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding pending litigation. In the case of Dezerega v. City of Berkeley Rent Stabilization Board (Meggs) Alameda County Superior Court Number 2001-032280, the Board voted to accept the terms of settlement offered by the petitioners. The vote was 7-0-0-2 Commissioners Anderson and Kavanagh were absent. [The terms of the settlement are available from the Rent Board's Legal Division upon written request.]

Item 2. The Board met in closed session pursuant to Government Code Section 54957 to discuss the appointment of Chief Counsel. The Board voted to appoint Brian Kelly as Interim Chief Counsel. The vote was 7-0-0-2 Commissioners Anderson and Kavanagh were absent.

Item 3. Approval of the Agenda - M/S/C (Spector/Payne) APPROVED AS WRITTEN WITH THE UNDERSTANDING THAT ITEMS WILL BE MOVED TO ACCOMMODATE APPEAL TIME CERTAIN. Voice vote. Passed: 8-0-0-1. Absent: Anderson.

Vice Chair Alberti moved Ceremonial Item 8.b. to follow approval of agenda. Voice vote. Passed: 8-0-0-1 Absent: Anderson.

Item 8.b. Ceremonial from Board and Staff - Proposal that the Board adopt a resolution commending Marjorie Gelb for her outstanding performance as Chief Counsel and Executive Director of the Rent Stabilization Board. M/S/C (Siegel/Hogarth) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

Ms. Gelb was presented with a resolution and a gold engraved pen by Vice Chair Alberti and Executive Director, Jay Kelekian. Vice Chair Alberti, Jay Kelekian and other Board members spoke in appreciation of Ms. Gelb's years of dedication to affordable housing and outstanding performance as Chief Counsel and Executive Director of the Rent Stabilization Board.

Item 4. Public Forum - There was one speaker, Ed Joseph who spoke on eliminating the exempt status of Section 8 housing.

Item 5. Year- end report presented by Tom Brougham, Senior Management Analyst, on past performance and future plans of the Public Information and Registration Units of the Rent Stabilization Program.

Item 7.a. Appeal T-4180 - 1931 Berryman Street, #302. Commissioner Siegel recused himself. M/S/C (Chong/Hogarth) TO REMAND TO HEARING EXAMINER FOR A SECOND HEARING FOR FURTHER PRESENTATION OF EVIDENCE FROM BOTH PARTIES CONCERNING THE TWO ISSUES IN THE RECORD. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Spector; No: None; Abstain: None; Absent: Anderson; Recused: Siegel. Passed: 7-0-0-2

Item 7.b. Appeal T-4252 - 1717 Parker Street, A. M/S/C (Chong/Hogarth) TO CONTINUE APPEAL TO NEXT REGULAR BOARD MEETING. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

Item 6. Approval of Minutes - Approval of December 16, 2002 regular Board meeting minutes. M/S/C (Evans/Chong) TO APPROVE AS AMENDED. ITEM 4 SHOULD READ APPROVAL OF DECEMBER 2, 2002 REGULAR BOARD MEETING MINUTES. AS WRITTEN. Voice vote. Passed: 7-0-1-1. Abstain: Siegel; Absent: Anderson.

Item 8.a.(2) Proposal that the Board adopt a resolution authorizing the Executive Director to execute an amendment to the contract with Housing Rights, Inc., changing the scope of services to implement a Habitability Project and increasing the contract in an amount not to exceed $20,000. Commissioner Evans recused himself. M/S/C (Chong/Hogarth) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Alberti, Chong, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: Payne; Absent: Anderson; Recused: Evans. Passed: 6-0-1-2.

Item 8.a.(1) Proposal to approve staff recommendation on the following request for waiver of late registration penalties.

Waiver No.    Location
2883               1426-28 Stannage Ave./1151 Page Street
2904               3123 King Street
2905               2030 Essex Street
2906               1180 University Avenue
2908               3051 Dohr Street
2913               1656 Russell Street
2914               1909 Berkeley Way
2915               1616 Berkeley Way
2916               2911 Martin Luther King Way
2917               2323 Hearst Avenue
2919               2430 Bancroft Way
2920               1636 - 8th Street
2921               2523 Ridge Road
2922               1540 Prince Street
2929               1804 - 62nd Street
2935               1820 Hearst Avenue
2936                853 Cedar Street

Commissioner Siegel requested waiver numbers 2904, 2913 and 2916 pulled.

M/S/C (Payne/Hogarth) TO AFFIRM HEARING EXAMINER RECOMMENDATIONS ON ALL WAIVERS LISTED WITH THE EXCEPTION OF 2904, 2913 AND 2916. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

M/S/C (Siegel/Hogarth) TO SPLIT PENALTIES 50/50 ON WAIVERS 2904 AND 2913. A friendly amendment was made by Commissioner Evans and accepted by Commissioner Siegel, to add TO BE PAID WITHIN 30 DAYS. Roll call vote. Yes: Evans, Hogarth, Siegel; No: Alberti, Chong, Kavanagh, Payne, Spector; Abstain: None; Absent: Anderson. Failed: 3-5-0-1.

M/S/C (Spector/Alberti) TO AFFIRM HEARING EXAMINER RECOMMENDATIONS TO WAIVE PENALTIES IN FULL ON WAIVERS 2904 AND 2913. Roll call vote. Yes: Alberti, Hogarth, Kavanagh, Payne, Spector; No: Chong, Evans, Siegel; Abstain: None; Absent: Anderson. Passed: 5-3-0-1.

M/S/C (Siegel/Spector) TO WAIVE 50% PENALTIES INSTEAD OF 80% ON WAIVER 2916. Roll call vote. Yes: Alberti, Chong, Evans, Kavanagh, Payne, Siegel, Spector; No: Hogarth; Abstain: None; Absent: Anderson. Passed: 7-1-0-1.

Item 9. Information and Announcements

a. Reports and information from Board Members/staff.

(1) Commissioner Spector expressed the Board member's regrets in the recent passing of Hilda Judelson, a long time housing rights activist and active member of the Gray Panthers, and requested that the meeting be adjourned in her honor.

(2) Commissioner Chong announced the February 26 Poetry Slam with cash prizes to be held at Starry Plough, 3130 Shattuck Avenue, Berkeley.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - TBA.

(2) Community Education and Outreach - Thursday, January 9 at 6:25 p.m. at 2001 Center, 2nd Floor Law Library.

(3) Eviction - Monday, January 13, at 6 p.m. at 2001 Center, 2nd Floor Law Library. (4) IRA/AGA - Thursday, January 16 at 5:30 p.m. at 2001 Center, 2nd Floor Law Library.

(5) Student Outreach and Internship - Wednesday, January 15 at 6 p.m., 2001 Center, 2nd Floor Law Library.

(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Item 8. Adjournment M/S/C (Siegel/Hogarth) MOTION TO ADJOURN AT 9:43 P.M. IN HONOR OF HILDA JUDELSON. Voice vote. Passed: 8-0-0-1. Absent: Anderson.