RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, May 22, 2003
7 PM

North Berkeley Senior Center
1901 Hearst, Classrooms A & B
2nd Floor

Note:  Change in location, meeting was not televised or aired

APPROVED
(as corrected)

Item 1. Call to Order - Vice-Chair Spector Chaired the meeting in Commissioner Anderson's absence and called the meeting to order at 6:15 p.m. in order to go into closed session. Secretary Pam Wyche called the roll. 

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

Commissioners Absent: Anderson 

Staff Present: Kelekian, Tine, Wyche

Call to Order of Regular Meeting - Chair Spector 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: Kelekian, 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) 

James v. City of Berkeley Rent Stabilization Board (Estrada)
Alameda County Superior Court Case No. 2002-043234

No reportable action taken.

Item 3. Approval of the Agenda - M/S/C (Evans/Payne) APPROVED AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Anderson, Kavanagh.

Item 4. Public Forum - There was one speaker. Peter J. Mutnick spoke on his views concerning a legal challenge to the Ellis Act.

Item 5. Approval of May 5, 2003 Minutes - M/S/C (Siegel/Evans) APPROVED AS WRITTEN. Voice vote: 8-0-0-1 Absent: Anderson.

Item 7.b.(1) Proposal that the Board adopt at second reading Regulations 524 and 525 [PDF file, requires Adobe Acrobat Reader]:

(a) Regulation 524 to clarify that the rent ceiling limitations of Rent Stabilization Ordinance are intended to apply to units rented for residential use by a "tenant in occupancy" and do not apply to rental units that are kept primarily for secondary occupancy, such as a pied-a-terre or a vacation home, or for non-residential use, such as commercial or storage; and

(b) Regulation 525 to provide a procedure by which a landlord may seek a determination from the Rent Board that a unit is not being occupied by a "tenant in occupancy."

M/S/C (Chong/Alberti) TO APPROVE SECOND READING AND ADOPT REGULATIONS 524 AND 525 AS WRITTEN. Roll call vote. Yes: Alberti, Chong, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: Evans; Absent: Anderson. Passed: 7-0-1-1.

Item 7.b.(2) Proposal that the Board adopt a resolution to authorize the Executive Director to submit a request to the City Council to amend section 13.77.040 of the Ellis Implementation Ordinance (Berkeley Municipal Code (BMC) Chapter 13.77) to include the five-year rent restriction authorized in Section 7060.2 of the Ellis Act (Gov't Code section 70600 et seq.). M/S/C (Hogarth/Payne) 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.

Item 6. Appeal T-4367/RWN-1393 - 2609 McGee Avenue, #A. M/S/C (Siegel/Hogarth) TO ACCEPT STAFF'S RECOMMENDATION TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

Item 7.b.(3) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.     Location
2999                1524 Milvia St. (continued from 5/5) 
3028                2601 Milvia Street 
3029                1501 Harmon Street 
3034                565/567 Spruce Street 
3038                1738 Stuart Street 
3041                2426 McGee Avenue 
3044                1132-40 Page Street 
3045                2916-18 Hillegass Avenue 
3048                2538 McGee Avenue 
3050                2324 9th Street 
3051                2229 8th Street 
3053                2430 8th Street 
3054                2434 8th Street

Commissioner Hogarth pulled Waivers 2999, 3041, and 3045. Commissioner Evans pulled Waivers 3050, 3053 and 3054.

M/S/C (Payne/Alberti) TO AFFIRM HEARING EXAMINER DECISIONS ON ALL WAIVERS EXCEPT 2999, 3041, 3045, 3050, 3053 AND 3054. Voice vote. 8-0-0-1. Absent: Anderson.

M/S/C (Siegel/Kavanagh) TO AFFIRM HEARING EXAMINER'S DECISION ON WAIVER NUMBER 2999. Roll call vote. Yes: Alberti, Chong, Evans, Kavanagh, Payne, Siegel, Spector; No: Hogarth; Abstain: None; Absent: Anderson. Passed: 7-1-0-1.

M/S (Hogarth/Evans) TO WAIVE 80% PENALTIES ON WAIVER 3041. Substitute Motion: M/S/F (Siegel/Alberti) TO AFFIRM HEARING EXAMINER'S DECISION TO WAIVE IN FULL. Roll call. Yes: Alberti, Kavanagh, Payne, Siegel; No: Chong, Evans, Spector; Abstain: Hogarth; Absent: Anderson. Failed: 4-3-1-1. Second substitute motion: M/S/C (Chong/Spector) TO WAIVE 95% PENALTIES ON WAIVER 3041. Roll call vote. Yes: Chong, Hogarth, Payne, Siegel, Spector; No: None; Abstain: Alberti, Evans, Kavanagh; Absent: Anderson. Passed: 5-0-3-1.

M/S (Hogarth/Chong) TO AFFIRM HEARING EXAMINER'S DECISION ON WAIVER 3045. Substitute motion: M/S/C (Evans/Siegel) TO WAIVE 50% PENALTIES ON WAIVER 3045. Friendly amendment made by Commissioner Siegel and accepted. A SIX-MONTH PAYMENT PLAN MAY BE ESTABLISHED BY STAFF IF OWNER IS UNABLE TO PAY WITHIN THE USUAL REQUIRED TIME PERIOD. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Siegel, Spector; No: None; Abstain: Kavanagh, Payne; Absent: Anderson. Passed: 6-0-2-1.

M/S (Evans/Siegel) TO WAIVE 50% PENALTIES ON WAIVER 3050. Substitute Motion: M/S/C (Payne/Hogarth) TO AFFIRM HEARING EXAMINER'S DECISION ON WAIVER 3050. Roll call vote. Yes: Alberti, Chong, Hogarth, Kavanagh, Payne; No: Siegel, Evans; Abstain: Spector; Absent: Anderson. Passed: 5-2-1-1.

M/S/C (Evans/Siegel) TO WAIVE 75% PENALTIES ON WAIVER 3053 AND TO ACCEPT HEARING EXAMINER'S DECISION ON WAIVER 3054. Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Siegel, Spector; No: Payne; Abstain: Kavanagh; Absent: Anderson. Passed: 6-1-1-1.

Item 7.a. Recommendation from Commissioner Anderson that the Board form an ad hoc subcommittee on Section 8 issues and to explore possible legislative remedies to the voucher situation. M/S/C (Evans/Payne) ESTABLISH AN AD HOC COMMITTEE OF FOUR COMMISSIONERS TO INVESTIGATE AND MEET WITH PERSONS IN THE COMMUNITY TO CONSIDER POSSIBLE CHANGES IN BOARD POLICIES AND PRACTICES, CHANGES IN REGULATIONS AND/OR RECOMMEND CHANGES IN THE ORDINANCE TO BETTER DEAL WITH PROBLEMS OF TENANTS IN SECTION 8 HOUSING. INITIAL MEMBERS ARE COMMISSIONERS CHONG (CONVENER), EVANS, PAYNE AND SPECTOR WITH ANY VACANCIES TO BE FILLED BY THE BOARD CHAIR. Voice vote. Passed: 8-1 Absent: Anderson.

Items 7.b.(4) (5) (6) (7) (8)

(4) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Inkworks Progressive Printing ("Inkworks") for Fiscal Year 2003/2004 in an amount no to exceed $40,000.

(5) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Volt Temporary Agency Services for Fiscal Year 2003/2004 in an amount not to exceed $40,000.

(6) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Quartet for the 2003/2004 Fiscal Year to provide services for the Rent Tracking System in amount not to exceed $10,000.

(7) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Berkeley Community Media for the 2003/2004 Fiscal Year to provide video broadcasting services in an amount not to exceed $21,500, plus $1200 for additional supplies and services provided on a fee basis.

(8) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Christine Minnehan and Associates for the 2003/2004 Fiscal Year to provide legislative services for the next fiscal year in an amount not to exceed $36,000.

M/S/C (Siegel/Payne) TO ADOPT ALL RESOLUTIONS AS WRITTEN IN ITEMS 7.b.(4-8). Roll call vote. Yes: Alberti, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Anderson. Passed: 8-0-0-1.

Item 7.b.(9). Recommendation that the Board consider setting its summer vacation schedule. The Board agreed unanimously to break from July 20, 2003 to August 5, 2003.

Item 8. Information and Announcements

b. Committee meeting announcements and reports. (Committee meetings held at Rent Board Offices, 2001 Center Street, 2nd Floor Law Library unless otherwise noted.) 

(1) Budget and Personnel - To be announced. 

(2) Outreach Committee: Wednesday, May 28 at 6 p.m. meeting cancelled. To be rescheduled at June 2 regular Board meeting.

(3) Eviction: To be announced. 

(4) IRA/AGA: Wednesday, June 11 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.

Item 9. Adjournment M/S/C (Siegel/Alberti) MOTION TO ADJOURN. A friendly amendment was made by Commissioner Hogarth and accepted: TO ADJOURN IN HONOR OF FORMER COMMISSIONER STEFANIE BERNAY WHO IS GRADUATING FROM BOALT LAW SCHOOL ON MAY 24, 2003. Voice vote. Passed unanimously.