RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, March 3, 2003
7 PM

APPROVED 

Item 1. Call to Order - Chair Anderson called the meeting to order at 6:38 p.m. in order to go into closed session. Secretary Pam Wyche called the roll. 

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

Commissioners Absent: None 

Staff present: Kelekian, Tine, Wyche

Call to Order of Regular Meeting - Chair Anderson called the regular meeting to order at 7:18 p.m. Secretary Pam Wyche called the roll. 

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

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Wyche

Item 2. Closed Session.

The Rent Board met in closed session pursuant to (Subdivision (a) of Section 54956.9 of the Government Code) to discuss existing litigation James v. City of Berkeley Rent Stabilization Board, Alameda County Superior Court Case No. 2002-048040. No reportable action.

Item 3. Approval of the Agenda - M/S/C (Siegel/Payne) APPROVED AS WRITTEN WITH THE UNDERSTANDING THAT ITEMS WILL BE MOVED TO ACCOMMODATE APPEAL TIME CERTAIN. Voice vote. Passed: 9-0-0-0.

Item 4. Public Forum - There were two speakers: Arthur Stopes, III regarding the way he wishes his mail to be addressed; and Marc Janowitz regarding Board funding for eviction defense.

Item 5. Approval of February 20, 2003 Minutes - M/S/C (Siegel/Alberti) APPROVED WITH THE FOLLOWING TWO REVISIONS: (1) APPEAL T-4293 - 2821 HILLEGASS AVENUE, #3, VOTE IS CORRECTED TO READ. YES: ALBERTI, ANDERSON, EVANS, HOGARTH, KAVANAGH, SIEGEL, SPECTOR; NO: NONE; ABSTAIN: NONE; ABSENT: CHONG, PAYNE. PASSED: 7-0-0-2. (2) APPEAL T-4297/RWN-1382 - 910 GRAYSON STREET - ELIMINATE FIRST 8 WORDS OF MOTION "TO DENY AGA'S FROM 1987 TO 1990 AND," BEGINNING MOTION WITH "REMAND TO HEARING EXAMINER…." Voice vote. Passed: 8-0-1-0. Abstain: Chong.

Item 6. Appeal T-3765, et al. - 2223 and 2227 Bonar Street. M/S/C (Siegel/Evans) TO ADJUST THE HEARING EXAMINER'S DECISION ON REDUCTION OF RENT ISSUES, STARTING ON PAGE 5 OF THE COMPLIANCE DECISION, AS FOLLOWS:

2227 BONAR UNIT A: AFFIRM HEARING EXAMINER'S DECISION.

2227 BONAR UNIT B: RETAIN BOARD'S ORIGINAL ORDER OF 10% FOR WINDOWS AND 8% FOR MOLD; ELIMINATE 2% FOR BATHROOM LINOLEUM AND AFFIRM REMAINDER OF HEARING EXAMINER'S DECISION.

2227 BONAR UNIT D - RESTORE BOARD'S ORIGINAL ORDER OF 20% REDUCTION UNTIL WINDOWS AND WINDOWSILLS ARE REPAIRED OR REPLACED AND PAINTED.

2227 BONAR UNIT E - AFFIRM HEARING EXAMINER'S DECISION OF 4% REDUCTION UNTIL CRACKED FRONT WINDOW IS REPAIRED.

2227 BONAR UNIT F - RETAIN BOARD'S ORIGINAL ORDER OF 16% FOR WINDOWS AND WINDOWSILLS, 2% FOR BATHROOM LINOLEUM AND ANOTHER 2% FOR BROKEN KITCHEN TILES.

2223 BONAR - RETAIN BOARD'S ORDER OF 4% REDUCTION UNTIL DRUG ACTIVITY AND PROSTITUTION IS ABATED. AFFIRM THE REMAINDER OF HEARING EXAMINER'S DECISION.

2223 BONAR UNIT C - RESTORE BOARD'S ORDER OF 15% REDUCTION UNTIL MOLD IS ELIMINATED.

2223 BONAR UNIT F - RESTORE BOARD'S ORDER OF 17% FOR WINDOWS.

2223 BONAR UNIT G - RESTORE BOARD'S ORDER OF 10% FOR WINDOWS.

Roll call vote. Passed unanimously. 9-0-0-0.

Commissioner Chong left at 9:10 p.m.

Item 7.a. Recommendation that the Board not fill the vacant Chief Counsel position at this time and discontinue the use of Acting Chief Counsel position effective March 9, 2003; that the Board retain the two current Staff Attorney III positions who shall serve under the direction of the Executive Director; and that $50,000 be set aside in next fiscal year budget to cover any outside legal counsel needs. TO ADOPT RECOMMENDATION AND RESOLUTION 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
2934                 1548 Tyler Street 
2938                 2703 Stuart Street 
2939                 3024 Dana Street 
2945                 2766 Sacramento Street 
2956                 2037 Vine Street 
2958                 1648 Julia Street 
2959                 2304 10th Street 
2976                 1820 Virginia Gardens

Commissioner Hogarth pulled Waivers 2945 and 2956.

M/S/C (Payne/Siegel) TO AFFIRM HEARING EXAMINERS' RECOMMENDATION ON ALL WAIVERS EXCLUDING WAIVERS 2945 AND 2956. Voice vote. Passed: 8-0-0-1. Absent: Chong.

M/S/C (Hogarth/Siegel) TO WAIVE PENALTIES IN FULL ON NUMBER 2945, 2766 SACRAMENTO STREET. Voice vote. Passed: 8-0-0-1 Absent: Chong.

M/S/C (Hogarth/Alberti) TO WAIVE 50% PENALTIES ON WAIVER NUMBER 2956, 2037 VINE STREET. Voice vote. Passed: 8-0-0-1 Absent: Chong.

Item 7.b. Information and Announcements

a. Reports and information from Board Members/staff.

(1) Commissioner Spector expressed her delight in the success of the February 26 Poetry Slam held at the Starry Plough. She said that there were 15 entries relating to a variety of housing, homeless and living issues. Chair Anderson expressed his appreciation to the people who participated and attended. Commissioner Siegel thanked past Commissioners Maldonado and Bernay for coming up with the idea. Commissioner Siegel also had this to say: "The vibes were thrilling and people were chilling The people were glowing and the poems were flowing There were so many housing rhymes We even got a write up in the New York Times."

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.

Chair Anderson requested that the Board consider drafting a resolution in opposition to the war.

Item 9. Adjournment M/S/C (Hogarth/Alberti) MOTION TO ADJOURN. Voice vote. Passed: 8-0-0-1. Absent: Chong. Chair Anderson adjourned the meeting at 9:31 p.m.