RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, October 20, 2003
7 PM

APPROVED 

Item 1. Call to Order - Chair Anderson called the meeting to order at 7:00 p.m.

Commissioners Present: Alberti, Anderson, Chong (arrived at 7:14 p.m.), Evans, Hogarth, Kavanagh, Payne, Siegel 

Commissioners Absent: Spector 

Staff Present: Kelekian, Kelly, Tine, Wyche

Item 2. Approval of the Agenda - M/S/C (Alberti/Evans) TO APPROVE AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Chong, Spector.

Item 3. Ceremonial Matters. Chair Anderson presented a proclamation to Carlos Rios for his 18 years of outstanding counseling service to tenants and landlords for the Rent Stabilization Board and in celebration of his retirement. Tom Brougham, Jay Kelekian and several Commissioners expressed their gratitude for Carlos' years of dedication, creativity and his over the top counseling skills.

Item 5. Public Forum - There were no speakers.

Item 4. Public Hearing on the Year 2004 Annual General Adjustment (AGA) and final AGA Report. 7:24 p.m. M/S/C (Hogarth/Payne) MOTION TO BEGIN PUBLIC HEARING. Voice vote. Passed: 8-0-0-1 Absent: Spector.

After a staff report, discussion was held with Dr. Kenneth Baar, AGA consultant. There were two speakers during the Public Hearing, Michael Wilson, President of the Berkeley Property Owners Association and Mary Ciddio, a Berkeley property owner.

M/S/C (Chong/Alberti) MOTION TO CLOSE PUBLIC HEARING AT 8:05 P.M. Voice vote. Passed: 8-0-0-1. Absent: Spector.

M/S/C (Chong/Siegel) TO TABLE AGA DISCUSSIONS UNTIL AFTER APPEAL TIME CERTAIN. Voice vote. Passed: 8-0-0-1 Absent: Spector.

Item 7. a. Appeal T-4437 - 2834 Sacramento Street, Apt. A. (Withdrawn by Appellant)

b. Appeal T-4484 - 2804 Kelsey Street. M/S/C (Siegel/Hogarth) TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Alberti, Anderson, Evans, Hogarth, Siegel; No: None; Abstain: Chong, Kavanagh, Payne; Absent: Spector. Passed: 5-0-3-1.

Return to Item 4.d. and e. Further discussion and comments from Board members and the adoption of 2004 AGA Order, Regulation 1126. 

M/S (Hogarth/Payne) TO BIFURCATE 2004 AGA AS FOLLOWS: 1% + $3. FOR UNITS THAT HAVE HAD A COSTA-HAWKINS (VACANCY) INCREASE SINCE 1999 AND 2% + $3. FOR THOSE UNITS THAT HAVE NOT HAD A COSTA-HAWKINS (VACANCY) INCREASE SINCE 1999.

Substitute Motion M/S/F (Siegel/Kavanagh) TO BIFURCATE 2004 AGA AS FOLLOWS: 1% + $3. FOR UNITS THAT HAVE HAD A COSTA-HAWKINS INCREASE SINCE 1999 AND 1.8% + $3. FOR THOSE UNITS THAT HAVEN'T HAD A COSTA-HAWKINS INCREASE SINCE 1999. Roll call vote. Yes: Anderson, Hogarth, Kavanagh, Payne, Siegel; No: Chong, Evans; Abstain: Alberti; Absent: Spector. Failed: 5-2-1-1.

Substitute M/S/F (Evans/Chong) BIFURCATE 2004 AGA AS FOLLOWS: 1% + $2. FOR UNITS THAT HAVE HAD A COSTA-HAWKINS INCREASE SINCE 1999 AND 2% + $2. FOR THOSE UNITS THAT HAVE NOT. Roll call vote. Yes: Alberti, Evans; No: Anderson, Chong, Hogarth, Payne, Siegel; Abstain: Kavanagh; Absent: Spector. Failed: 2-5-1-1.

Substitute M/S/F (Chong/Evans) BIFURCATE 2004 AGA AS FOLLOWS: 1% + $3. FOR UNITS THAT HAVE HAD A COSTA-HAWKINS INCREASE SINCE 1999 AND 1.5% + $4. FOR THOSE UNITS THAT HAVE NOT. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Payne; No: Hogarth, Siegel; Abstain: Kavanagh; Absent: Spector. Failed: 5-2-1-1.

Substitute M/S/C (Siegel/Evans) TO BIFURCATE 2004 AGA AS FOLLOWS: 1% + $3. FOR UNITS THAT HAVE HAD A COSTA-HAWKINS (VACANCY) INCREASE SINCE 1999 AND 1.5% + $3. FOR THOSE UNITS THAT HAVE NOT HAD A VACANCY DECONTROL INCREASE SINCE 1999. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavangh, Payne, Siegel; No: None; Abstain: None; Absent: Spector. Passed: 8-0-0-1.

M/S/C (Siegel/Hogarth) TO ADOPT THE NOI FORMULA CURRENTLY SET FORTH IN REGULATION 1264 AND ADOPT THE PURPOSED AGA ORDER WITH 1% + $3 FOR UNITS THAT HAVE HAD A COSTA-HAWKINS (VACANCY) INCREASE SINCE 1999 AND 1.5% + $3 FOR THOSE UNITS THAT HAVE NOT HAD A VACANCY DECONTROL INCREASE SINCE 1999. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel. Passed: 8-0-0-1. Absent: Spector.

Item 6. Approval of the October 2, 2003 Minutes - M/S/C (Hogarth/Alberti) APPROVED AS WRITTEN. Voice vote. Passed: 7-0-1-1. Abstain: Chong; Absent: Spector.

Item 8.a.(1) Proposal to cancel the November 3, 2003 meeting of the Board. (Siegel/Payne) TO CANCEL NOVEMBER 3, 2003 REGULAR BOARD MEETING. Voice vote. Passed: 8-0-0-1 Absent: Spector.

Item 8.a. (2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Discretionary Waivers 

Waiver No.     Street Address 
3058                 2147 Russell Street 
3059                 2238 Russell Street 
3061                      67 Canyon Road 
3063                 1733-35 Allston Way 
3082                 1512 Harmon Street 
3084                 1233 Evelyn Street 
3099                 2305 Bonar Street

Commissioner Evans pulled Waiver numbers 3082 and 3099.

M/S/C (Siegel/Payne) TO AFFIRM HEARING EXAMINER RECOMMENDATIONS ON ALL DISCRETIONARY WAIVERS EXCLUDING 3082 and 3099. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel; No: None; Abstain: None; Absent: Spector. Passed: 8-0-0-1.

M/S/C (Evans/Siegel) TO IMPOSE 50% PENALTY, OR $374, ON WAIVER NUMBER 3082. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Siegel; No: None; Abstain: Hogarth, Kavanagh, Payne; Absent: Spector. Passed: 5-0-3-1.

M/S/C (Chong/Alberti) TO AFFIRM HEARING EXAMINER'S RECOMMENDATION ON WAIVER NUMBER 3099. Roll call vote: Alberti, Anderson, Chong, Hogarth, Kavanagh, Payne, Siegel; No: Evans; Abstain: None; Absent: Spector. Passed: 7-1-0-1.

Item 9.a. Information and Announcements

(1) Commissioner Chong announced that Tenants Rights Week is the week of October 27 through October 31 on UC Campus and asked that the public come by and visit the Rent Board's information booth.

Item 9.b. Committee meeting announcements.

(1) Budget and Personnel - Thursday, November 6 at 6 p.m. cancelled. 

(2) Outreach - TBA 

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

(4) IRA/AGA - TBA 

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

Item 10. Adjournment - 10:03 p.m. M/S/C (Anderson/Hogarth) Chair Anderson adjourned in recognition and support of the Berkeley Bowl employee union efforts. Voice vote: Passed 8-0-0-1 Absent: Spector.