RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, October 2, 2003
7 PM

APPROVED

Item 1. Call to Order of Closed Session - Chair Max Anderson called the meeting to order at 6:18 p.m. Closed session reconvened at 8:25 p.m. 

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

Commissioners Absent: Chong 

Staff Present: Kelekian, Tine, Wyche

Call to Order of Regular Meeting - Chair Anderson called the regular meeting to order at 7:10 p.m. 

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

Commissioners Absent: Chong 

Staff Present: Kelekian, Tine, Wyche

Item 2. Closed Session

1. The Board met in closed session to confer with legal counsel pursuant to subdivision A of Government Code section 54956.9 regarding pending litigation in the case of Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board, Alameda County Case Number 831986-1. No action taken.

2. Closed session to reconvene at the close of the regular meeting to take action on this item.

Item 3. Approval of the Agenda - M/S/C (Siegel/Payne) TO APPROVE AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item 4. Public Hearing on the Year 2004 Annual General Adjustment (AGA) and the draft AGA Report. 7:37 p.m. M/S/C (Alberti/Hogarth) MOTION TO BEGIN PUBLIC HEARING. Voice vote. Passed: 8-0-0-1 Absent: Chong.

After a staff report, discussion was held with Dr. Kenneth Baar, AGA consultant, and Steve Barton, Director of City of Berkeley Housing Department. There were two speakers during the Public Hearing, Marsha Feinland, former Rent Stabilization Board Commissioner and Primo Facchini of C&S Enterprises, Inc. No action was taken.

M/S/C (Spector/Alberti) MOTION TO CLOSE PUBLIC HEARING AT 7:43 P.M. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item 5. Public Forum - There were no speakers.

Item 6. Approval of the September 15, 2003 Minutes - M/S/C (Payne/Alberti) APPROVED AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item 7.a. Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address
3064                 2148 Curtis Street 
3065                 2112 Grant Street 
3067                 3005 Harper Street 
3075                 2919 Hillegass Avenue

Discretionary Waivers

Waiver No.      Property Address
3062                 2533 Chilton Way 
3066                 1730 Parker Street 
3068                 1523-25 Fairview Street 
3072                 1737 Virginia Street 
3076                 1337 Ashby Avenue

Commissioner Evans pulled Waivers 3068 and 3076. Commissioner Siegel recused himself from Waiver 3062.

M/S/C (Hogarth/Payne) TO AFFIRM HEARING EXAMINER RECOMMENDATIONS ON ALL MINISTERIAL WAIVERS AND NUMBERS 3066 AND 3072 OF DISCRETIONARY WAIVERS. Roll call vote. Yes: Alberti, Anderson, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: Chong. Passed: 8-0-0-1.

M/S/C (Evans/Alberti) Commissioner Siegel recused himself. TO AFFIRM HEARING EXAMINER RECOMMENDATION ON WAIVER NUMBER 3062. Voice vote. Passed: 7-0-0-2 Absent: Chong, Siegel.

M/S/C (Hogarth/Evans) TO AFFIRM HEARING EXAMINER RECOMMENDATION ON WAIVER NUMBER 3068. Voice vote. Passed: 8-0-0-1 Absent: Chong.

M/S/C (Alberti/Hogarth) TO AFFIRM HEARING EXAMINER RECOMMENDATION ON WAIVER NUMBER 3076. Voice vote. Passed: 8-0-0-1. Absent: Chong.

Item 8. Information and Announcements

a. Reports and information from Board Members/staff.

Commissioner Hogarth expressed his appreciation to the Boardmembers who rode on the Rent Stabilization Board float in the How Berkeley Can You Be parade and to the public who attended and showed their support. Commissioner Evans expressed his gratitude to the public whose positive reaction showed their appreciation for the Rent Board and the Rent Stabilization Program staff. Commissioners Spector and Chair Anderson echoed their comments and said that it was well attended and an enjoyable event.

b. Committee meeting announcements and reports.

(1) Budget and Personnel - No meeting scheduled. 

(2) Outreach - To be announced. 

(3) Eviction - Monday, October 27 at 6:00 p.m. 

(4) IRA/AGA - Tuesday, October 7, 5:30 p.m. 

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

Item 9. Adjournment - 8:25 p.m. M/S/C (Hogarth/Payne) MOTION TO ADJOURN REGULAR MEETING. Voice vote: Passed 8-0-0-1 Absent: Chong.

Chair Anderson adjourned the meeting in honor of Fred Lupke, at the request of Jay Kelekian. Mr. Lupke, a local advocate who was very much involved with the quality of life of many of our citizens, tragically passed away last Thursday evening after being hit by a car on Ashby Avenue. The Executive Director, Rent Board Commissioners and Rent Stabilization Program Staff extend their sympathies to the family and friends of Mr. Lupke.

Item 2. Closed Session reconvened at 8:25 p.m.

2. The Rent Board reconvened in closed session to confer with its negotiator pursuant to Government Code Section 54956.8 regarding an extension of the lease for the Rent Stabilization Program's office space at 2001 Center Street.

The Board voted to pass a resolution to authorize the Executive Director to enter into and execute a 5-year lease extension with the 2001 Center Group for 7000 square feet of space at 2001 Center Street in Berkeley for $2.25 per square foot. M/S/C (Siegel/Alberti) TO APPROVE RESOLUTION AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Chong.

A copy of the lease is available upon request from the Rent Board's Executive Director.

Adjournment: Chair Anderson adjourned the closed session meeting at 8:45 p.m.