RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, December 15, 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 roll. 

Commissioners Present: Alberti, Anderson, Chong (arrived at 6:50 p.m.), Evans, Hogarth, Kavanagh (arrived 7:00 p.m.), Payne, Siegel, Spector (arrived at 6:45 p.m.) 

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Tine, Wyche

Call to Order - Chair Anderson called the regular meeting to order at 7:12 p.m.

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

Commissioners Absent: None 

Staff Present: Kelekian, Kelly, Tine, Wyche

Item 2. Approval of the Agenda - M/S/C (Hogarth/Alberti) TO APPROVE AS WRITTEN. Voice vote. Passed: 6-0-0-3. Absent: Chong, Kavanagh, Spector.

Item 3. Closed Session - 6:38 p.m.

CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Subdivision (a) of Section 54956.9 of the Government Code)

King v. City of Berkeley Rent Stabilization Board (Dai)
Alameda County Superior Court No. 2001-035396

The Board voted to instruct legal counsel not to appeal the judgment of the Superior Court and to direct the Executive Director to take all steps necessary to comply with the writ of mandate issued by the Court on December 8, 2003. The vote was: 8-0-1-0 Abstain: Kavanagh

Item 4. Public Forum - There was one speaker, Andrew Marowitz, a Berkeley landlord.

Item 5. Approval of the December 1, 2003 minutes. M/S/C (Siegel/Evans) APPROVED AS WRITTEN. Voice vote. 6-0-0-3 Abstain: Anderson, Hogarth, Payne.

Item 6.a. & b. Election of Chairperson and Vice Chairperson(s)

M/S/C (Alberti/Payne) TO TABLE ELECTION OF CHAIR AND VICE CHAIR UNTIL NEW COMMISSIONER'S FIRST MEETING. Friendly amendment made by Chong and accepted: TABLE ELECTION UNTIL NEW COMMISSIONER'S SECOND MEETING TO ALLOW OBSERVATION TIME. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector. Passed: 9-0.

Item 6.c. Proposal that the Board adopt a resolution in appreciation of Matthew Jay Siegel's outstanding service as a Rent Board Commissioner. M/S/C (Alberti/Hogarth) TO ADOPT RESOLUTION AS WRITTEN. Voice vote: Unanimous.

Item 7. Appeal T-4321; 1615 Fairview Street, #2. M/S/C (Chong/Siegel) TO AFFIRM THE HEARING EXAMINER DECISION. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 8.a.(1) Proposal to approve 2004 Calendar Year Rent Stabilization Board meeting schedule. M/S/C (Alberti/Evans) TO AMEND PROPOSED SCHEDULE BY CHANGING THE "CANCELLED" MEETINGS TO "REGULARLY SCHEDULED" UNTIL SUCH TIME AS THE BOARD DEEMS IT NECESSARY TO CANCEL. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh; No: None; Abstain: Siegel; None; Absent: Payne (left 8:00 p.m.).

Item 8.a.(2) Recommendation to adopt a resolution modifying the Position Detail to delete the Assistant Management Analyst position in the Public Information Unit that was recently vacated through retirement. M/S/C (Siegel/Alberti) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Siegel, Spector; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 8.a.(3) Establishing a process for selecting a replacement to fill the seat being vacated by Commissioner Siegel. M/S/C (Siegel/Spector) TO ACCEPT THE PROPOSED SELECTION PROCESS RECOMMENDED BY THE AD HOC SUBCOMMITTEE WITH THE FOLLOWING REVISIONS: 1. Between December 15th and January 5, 2004, each Board member may offer the name of one person to be considered by the full Board. All names will be submitted to the Executive Director by 5 p.m. on January 5, 2004. 2. Director will provide the full Board with a list of names submitted for consideration at the meeting of January 5th. 3. On January 6, 2004, the Executive Director will both send a letter and attempt to personally contact each individual offered for consideration. The Director will inform the individual that they have been suggested as a potential candidate to fill out the remaining time of Commissioner Siegel's term. If the individual is interested in continued consideration, s/he must submit, to the Executive Director, a biographical statement of no more than two pages outlining their background, qualifications and why they are interested. The required statement must be received by the Executive Director no later than noon on January 12, 2004. 4. The Executive Director will compile a list of names of those individuals still under consideration and copy each statement submitted for inclusion in the Board's January 15, 2004 agenda package, which will be delivered to the Board members on January 12th. 5. Board members may discuss the qualifications of the remaining individuals at the meeting of January 15th. Unless only one individual remains under consideration, it is not anticipated that the Board will make a selection at the January 15, 2004 meeting. 6. If, as of January 15th, more than four individuals wish to be considered for the seat, the entire list will be submitted to the Ad Hoc Committee, which will meet subsequent to January 15, 2004 but prior to the February 2nd Board meeting. The Ad Hoc Subcommittee will review the qualifications of all individuals and present the top four candidates for the Board's consideration at the February 2 Board meeting. Friendly amendment was made by Hogarth and accepted. To make every effort to select a new Commissioner by February 2, 2004. Roll call vote. Yes: Alberti, Anderson, Evans, Kavanagh, Siegel, Spector; No: Chong; Abstain: Hogarth; Absent: Payne. Passed: 6-1-1-1.

Item 8.a.(5) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Administrative Waiver

Wavier No.     Property Address
3081                1238 Haskell

Ministerial Waivers

Waiver No.     Property Address
3070                2311 McGee Avenue 
3080                1744 Addison Street

Discretionary Waivers

Waiver No.     Property Address
3012                1423 Martin Luther King Jr. Way 
3090                1520 Woolsey Street 
3094                1828 - 62nd Street 
3096                2138 Kittredge Street 
3077                2030 Essex Street (continued from December 1, 2003 meeting)

Commissioner Evans pulled Discretionary Waiver 3077.

M/S/C (Evans/Hogarth) TO AFFIRM EXECUTIVE DIRECTOR'S RECOMMENDATIONS ON ALL ADMINISTRATIVE, MINISTERIAL AND DISCRETIONARY WAIVERS, WITH THE EXCEPTION OF WAIVER NUMBER 3077. Roll call vote. Passed unanimously: 8-0-0-1 Absent: Payne.

M/S/C (Siegel/Evans) TO DENY WAIVER NUMBER 3077 IN FULL. Roll call vote. Passed unanimously: 8-0-0-1 Absent: Payne.

Item 9. Committee meeting announcements.

(1) Budget and Personnel - TBA 

(2) Outreach - Monday, January 12, 2004 at 6 p.m. 

(3) Eviction - Tuesday, January 13, 2004 at 6 p.m. (4) IRA/AGA - TBA. 

(5) 4x4 City Council/RSB Housing Committee - TBA after first of year. Board agreed to add one more member to the committee, as did the City Council and changed the name to 4x4 City Council/RSB Housing Committee.

Item 10. Adjournment - M/S/C (Evans/Hogarth) COMMISSIONER EVANS REQUESTED THAT THE MEETING BE ADJOURNED IN HONOR AND IN MEMORY OF FATHER BILL O'DONNELL WHO PASSED AWAY ON DECEMBER 8, 2003. Voice vote: Passed 8-0-0-1 Absent: Payne. Chair Anderson adjourned in honor and memory of Father Bill O'Donnell at 9:50 p.m.