RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, August 5, 2002
7 PM

APPROVED

Members Present: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong

Absent: Alberti

Staff Present: Kelly, Morgan, Tine, Wyche

Item 1. Roll Call - 6:05 PM Closed session.      7:08 PM Regular Meeting.

Item 2. Closed Session - 6:00 PM CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code)

Dezerega v. City of Berkeley Rent Stabilization Board [Meggs] Alameda County Superior Court Number 2001-032280
Berkeley Property Owners Association v. Berkeley Rent Stabilization Board Alameda County Superior Court Number 8319881
Hanerfeld v. City of Berkeley Rent Stabilization Board [Gillin] Alameda County Superior Court Number C824551
Hanerfeld v. City of Berkeley Rent Stabilization Board Alameda County Superior Court Number 2001-1029283

No action taken.

Item 3. Announcement of action taken in Closed Session at Special Meeting of July 31, 2002.

          The Rent Board met in closed session on July 31, 2002, pursuant to Government Code section 54957 [Public Employment Appointment - Executive Director] and took the following action: Directed staff to formally request that the City Manager ask the City Council to amend the Personnel Ordinance (Berkeley Municipal Code section 4.04.120) so as to provide that any employee in the career service promoted or transferred to the position of Executive Director of the Rent Stabilization Program shall be reinstated to his or her career appointment from which he or she was promoted or transferred if within six months of appointment to the position, action is taken to dismiss him or her, unless charges are filed and the employee is discharged in accordance with the Personnel Ordinance and rules.

Item 4. Approval of the Agenda APPROVED WITH CORRECTION TO ITEM 8.b. APPEAL T-4126 ADDRESS STREET NUMBER TO 2304 GRANT STREET. M/S/C (Janowitz/Harris) Voice vote. Passed: 8-0-0-1. Absent: Alberti.

Item 5. Ceremonial

Dedication of the August 5, 2002 Rent Stabilization Board meeting to the memory of Hank Henson, a long time Berkeley resident, tenants' rights activist and former staff member of Tenant Action Project (TAP), a Berkeley based non-profit which provided services for low-income tenants in Berkeley.

Item 6. Public Forum There were no speakers.

Item 7. Approval of Minutes - Approval of June 17, 2002 regular Board meeting minutes. M/S/C (Maldonado/Siegel) TO APPROVE AS WRITTEN. Voice vote. Passed: 7-0-1-1. Abstain: Janowitz; Absent: Alberti.

Item 8.a. Appeal T-4027 - 2412 Piedmont Avenue. M/S/C (Siegel/Janowitz) TO AFFIRM HEARING EXAMINER'S DECISION. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Chong; No: None; Abstain: None; Absent: Alberti; Recused: Hogarth. Passed: 7-0-0-2.

M/S/C (Maldonado/Spector) TO ASK THE LANDLORD TO EXPLAIN WHY HE APPEARED LATE TO HIS APPEAL HEARING, NOTICED TIME CERTAIN 7:30PM, TO ASSIST BOARD IN DETERMINING WHETHER TO REOPEN HIS APPEAL HEARING AND ALLOW HIS FIVE MINUTE ARGUMENT. Roll call vote. Yes: Maldonado, Janowitz, Spector, Harris, Chong; No: Anderson, Siegel; Abstain: None; Absent: Alberti; Recused: Hogarth. Passed: 5-2-0-2.

M/S/C (Harris/Spector) TO ACCEPT REASON GIVEN BY LANDLORD FOR BEING LATE TO THE APPEAL HEARING AND ALLOW LANDLORD AND TENANT TO PROCEED WITH THEIR FIVE MINUTE ARGUMENTS AND TO REVOTE THE PREVIOUS MOTION AFFIRMING HEARING EXAMINER'S DECISION UNTIL AFTER ARGUMENTS ARE HEARD. Roll call vote. Yes: Maldonado, Janowitz, Spector, Harris, Chong; No: Siegel; Abstain: Anderson; Absent: Alberti; Recused: Hogarth. Passed: 5-1-1-2.

M/S/C (Maldonado/Janowitz) TO AFFIRM THE DECISION OF THE HEARING EXAMINER. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Chong; No: None; Abstain: None; Absent: Alberti; Recused: Hogarth. Passed: 7-0-0-2.

Item 8.b. Appeal T-4126 - 2304 Grant Street, Unit G. M/S/C (Janowitz/Harris) TO CONTINUE MATTER TO NEXT REGULAR BOARD MEETING TO ALLOW TIME FOR STAFF TO PREPARE A WRITTEN RECORD, FROM THE HEARING TAPES, AS IT PERTAINS TO THE LANDLORD'S EFFORTS TO INTRODUCE EVIDENCE AT THE HEARING REGARDING HIS ACTUAL EXPENDITURES FOR REPAIRS MADE SUBSEQUENT TO THE TENANT VACATING THE UNIT. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Hogarth, Chong; No: None; Abstain: None; Absent: Alberti; Recused: Siegel. Passed: 7-0-0-2.

Item 8.c. Appeal T-4197 - 2414 Parker Street, #1. M/S/C (Maldonado/Hogarth) TO AFFIRM DECISION OF HEARING EXAMINER. Friendly amendment by Commissioner Chong and accepted by Maldonado, TO RECALCULATE RENT DECREASE FROM DECEMBER 1, 2001 INSTEAD OF NOVEMBER 22, 2001. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Hogarth, Chong; No: None; Abstain: Siegel; Absent: Alberti. Passed: 7-0-1-1.

Item 9.a.(1) Second reading of amendments to Regulation 1242 to clarify and modify aspects of the appeals process including the requirements for filing an appeal, the effect of filing an appeal, the procedure for official notice and the length, timing and content of the parties' oral presentations. M/S/C (Siegel/Hogarth) TO ADOPT PROPOSAL TO AMEND REGULATION 1242. Friendly amendment by Commissioner Chong accepted by Commissioner Siegel. TO REWORD SECOND SENTENCE OF (H) ON PAGE 2 OF REGULATION 1242 TO READ AS FOLLOWS: Parties shall be instructed not to discuss or comment upon factual matters or evidence that were not presented to the hearing examiner or officially noticed. Parties may discuss or comment upon the legal matters in question and any other pertinent issues raised by the appeal. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong; No: None; Abstain: None; Absent: Alberti. Passed: 8-0-0-1.

Item 9.a.(2) Second reading of proposed amendment to Subsection (B)(3) of Regulation 1269 to provide that the minimum rent decrease for a rental unit that substantially lacks the affirmative characteristics of subdivisions (b) [plumbing/gas facilities], (c) [hot/cold running water] and (d) [adequate heating facilities] of Civil Code section 1941.1 shall be 20%. M/S/C (Siegel/Janowitz) TO ADOPT PROPOSAL TO AMEND REGULATION 1269. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong; No: None; Abstain: None; Absent: Alberti. Passed: 8-0-0-1.

Item 9.a.(3) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Housing Rights, Inc. (HRI) for Fiscal Year 2002/2003, to increase the amount payable by $4,500 to cover the cost of preparing an instructional Repair and Deduct manual to be distributed to Berkeley tenants. M/S/C (Harris/Spector) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Maldonado, Anderson, Spector, Harris, Siegel, Hogarth, Chong; No: None; Abstain: None; Absent: Alberti; Recused: Janowitz. Passed: 7-0-0-2

Item 9.b.(1) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.      Location
2852                1213 Curtis Street
2853                2411 Blake Street
2855                2412 Atherton Street
2857                2001 Channing Way
2865                1940 Francisco Street
2866                1644 Prince Street
2867                2711 Forest Avenue
2869                1526 Arch Street
2872                1139 Oxford Street
2875                1728-30 Derby Street
2876                2600 Virginia Street
2880                1108-10 Francisco Street
2884                1939 Stuart Street

M/S/C (Siegel/Chong) TO ACCEPT RECOMMENDATIONS OF HEARING EXAMINERS ON ALL WAIVERS LISTED. Voice vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong; No: None; Abstain: None; Absent: Alberti. Passed: 8-0-0-1.

Item 9.b.(2) Recommendation to adopt a resolution authorizing the Executive Director to modify the executive search contract with William Hawkins Company to pay an addition $905.63 over the $24,000 contracted amount as reimbursement for advertisements in The Recorder and Western City Magazine which were added by the Board after the contract had been negotiated and signed. M/S/C (Maldonado/Siegel) TO ADOPT RESOLUTION AS WRITTEN. Voice vote. 7-0-0-2. Absent: Hogarth, Alberti.

Item 10. Announcements

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - No meeting set.
(2) Community Education and Outreach - Monday, August 19 at 4PM at 2001 Center Street, 2nd Floor, Law Library.
(3) Eviction - No meeting set.
(4) IRA/AGA - No meeting set.
(5) Student Outreach and Internship - Thursday, August 15 at 6:30PM at 2001 Center Street, 2nd Floor, Law Library.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

c. Housing Update program televised live: Monday, September 9, 2002 at 5:30pm Hosted by Commissioner Janowitz.

Item 11. Adjournment 9:05PM. In memory of Hank Henson, a long time Berkeley resident and tenants' rights activist.