RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, February 20, 2003
7 PM

APPROVED

Item 1. Call to Order - Chair Anderson called the meeting to order at 6:06 p.m. in order to go into closed session. Secretary Pam Wyche called the roll. 

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

Commissioners Absent: Chong, Kavanagh 

Staff present: Kelekian, Kelly, Tine, Wyche

Call to Order of Regular Meeting - Chair Anderson called the regular meeting to order at 7:21 p.m. Secretary Pam Wyche called the roll. 

Commissioners Present: Alberti, Anderson, Evans, Hogarth, Kavanagh, Payne (left at 7:30 p.m.), Siegel, Spector. 

Commissioners Absent: Chong 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Closed Session.

Item 1. The Rent Board met in closed session pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the pending case of Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board, Alameda County Superior Court Case No. 831986-1. The Board voted to accept the terms of a Conditional Settlement, under which the Rent Board will request the City Council to place on the ballot of the next general election, a proposition to amend the Rent Ordinance to provide that each year the Annual General Adjustment will be set at 65% of the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose area, with a cap of 7% and a floor of 0% per year. Upon passage of the proposition, the plaintiffs will dismiss the pending lawsuit with prejudice. The Board will also promulgate regulations affirming that the rent ceiling provisions of the Rent Ordinance do not apply to rental units that are not occupied by a tenant as his or her primary residence. The vote was: Yes: Alberti, Anderson, Hogarth, Payne, Siegel, Spector; No: Evans; Abstain: None; Absent: Chong, Kavanagh. Passed: 6-1-0-2.

Item 2. The Rent Board met in closed session pursuant to Government Code section 54957 to discuss public employee appointment. Title: Chief Counsel. No reportable action.

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

Item 4. Public Forum - There were no speakers.

Item 5. Approval of Minutes - M/S/C (Siegel/Payne) APPROVED MINUTES OF THE FEBRUARY 3, 2003 REGULAR MEETING. Voice vote. Passed: 7-0-1-1. Abstain: Kavanagh; Absent: Chong.

Item 7.a. Second reading of proposal to amend subdivision (A)(2) of Regulation 1013 to clarify that the "initial rent" for a rental unit is the market rent established by the parties at the commencement of the tenancy and that where the rental agreement includes periods for which the tenant pays reduced, discounted or "free" rent, the monthly market rent is calculated as the average of the monthly payments made during the initial term of the agreement or during the first twelve months of a month-to-month tenancy. M/S/C (Siegel/Alberti) TO ADOPT PROPOSAL TO AMEND SUBDIVISION (A)(2) OF REGULATION 1013 AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Chong. Passed: 8-0-0-1.

Item 7.b.(1) Proposal to approve staff recommendation on the following request for waiver of late registration penalties.

Waiver No.     Location
2909                2430 Hilgard Avenue 
2925                1912 Woolsey Street 
2932                2233 McGee Avenue 
2933                3008 Dana Street 
2940                2804 Martin Luther King Jr. Way

M/S/C (Siegel/Alberti) TO AFFIRM HEARING EXAMINERS' RECOMMENDATION ON ALL WAIVERS LISTED. Roll call vote. Yes: Alberti, Anderson, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Chong. Passed: 8-0-0-1.

Item 6.a. Appeal T-4293 - 2821 Hillegass Avenue, #3. M/S/C (Evans/Siegel) TO AFFIRM HEARING EXAMINER'S DECISION WITH THE EXCEPTION OF THE PORTION OF THE DECISION STARTING ON PAGE 3 OF THE DECISION BEGINNING WITH THE SENTENCE IN THE LAST PARAGRAPH, "Moreover, even if,……..," AND ENDING AT THE SECOND PARAGRAPH OF PAGE 5 OF THE DECISION, UP TO "As we have found the ……". Roll call vote. Yes: Alberti, Anderson, Evans, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: None; Absent: Chong, Payne. Passed: 7-0-0-2.

Item 6.b. Appeal T-4297/RWN-1382 - 910 Grayson Street. Substitute Motion. M/S/C (Alberti/Spector) REMAND TO HEARING EXAMINER ISSUE OF AGA'S FROM 1990 TO 1996. MODIFY THE REDUCTIONS OF RENT FOR HABITABILITY ISSUES AS FOLLOWS: (1) REFRIGERATOR - 10% REDUCTION FROM JUNE 1, 1999; (2) HEAT - 20% REDUCTION FROM JUNE 1, 1999; (3) HOT WATER - 6% REDUCTION FROM JUNE 1, 1999; (4) EXTERIOR STAIRS - 2% REDUCTION FROM JUNE 1, 1999; (5) KITCHEN FLOOR - 1% REDUCTION FROM JUNE 1, 1999; (6) FRONT DOOR LOCK - 5% REDUCTION FROM JUNE 1, 1999; WEATHER STRIPPING - 1% REDUCTION FROM JUNE 1, 1999, AND OTHERWISE ADOPT STAFF RECOMMENDATION. Roll call vote. Yes: Alberti, Anderson, Hogarth, Kavanagh, Spector; No: Evans, Siegel; Abstain: None; Absent: Chong, Payne. Passed: 5-2-0-2.

Item 7.b. Information and Announcements

a. Reports and information from Board Members/staff.

(1) Notice that Apparent Lawful Rent ceiling letters were mailed. (Executive Director) 

(2) Update on the status of Conference on Rent Stabilization. (Executive Director) 

(3) Update on status of challenge to the City of Oakland's Measure EE. (Executive Director) 

(4) Commissioner Alberti announced a BCA Conference on Homelessness on Sunday, March 9 from 3 p.m. to 5 p.m. at the North Berkeley Senior Center. 

(5) Commissioner Chong announced the February 26 Poetry Slam with cash prizes to be held at Starry Plough, 3130 Shattuck Avenue, Berkeley sign ups at 7:30 p.m., program to start at 8:30.

b. Announcements of upcoming Committee Meetings: (All committee meetings held at Rent Board Offices, 2001 Center Street, 2nd Floor Law Library unless otherwise noted.) 

(1) Budget and Personnel: Thursday, March 20 at 5:30 p.m. 

(2) Combined Outreach Committee: Tuesday, March 18 at 7 p.m. 

(3) Eviction (two meetings scheduled): Wednesday, March 12 at 6 p.m. and Wednesday, March 26 at 6 p.m. 

(4) IRA/AGA: Wednesday, March 19 at 5:30 p.m. 

(5) 3x3 City Council/RSB Housing Committee - No meeting set.

c. Discussion of items for placement on future agenda material.

Commissioner Alberti requested that discussions concerning the issue of rent reductions taken from the rent ceiling vs. base rent begin at the IRA committee level as soon as possible.

Item 8. Adjournment M/S/C (Siegel/Alberti) MOTION TO ADJOURN. Voice vote. Passed: 7-0-0-2. Absent: Chong, Payne (left 7:30 p.m.). Chair Anderson adjourned the meeting at 9:27 p.m.