RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, September 5, 2002
7 PM


APPROVED


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

Absent: None

Staff Present: Gelb, Kelly, Tine, Wyche

Item 1. Roll Call - 6:00 PM Closed session. 7:00 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)

Hanerfeld v. City of Berkeley Rent Stabilization Board [Gillin]
Alameda County Superior Court Number 824551

No reportable action taken.

Item 3. Final Action to Approve the Appointment of and Compensation for James Kelekian as Executive Director, Effective October 7, 2002. M/S/C (Janowitz/Chong) Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong; No: None; Abstain: Alberti; Absent: None. Passed: 8-0-1-0.

Item 4. Approval of the Agenda - APPROVED AS WRITTEN. M/S/C (Alberti/Harris) Voice vote. Passed: 9-0-0-0.

Item 8.b.(1) Proposal that Board pass a resolution supporting SB 1736 (Burton) which strengthens the power of the ALRB by allowing binding arbitration between the growers and the workers. M/S/C (Spector/Harris) Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Siegel. Passed. 8-0-0-1.

Item 8.b.(2) Proposal to change the second regular meeting in September from Monday, September 16, 2002 to Monday, September 23, 2002 due to a religious holiday. M/S/C (Maldonado/Hogarth) Voice vote. 8-0-0-1 Absent: Siegel.

Item 5. Public Forum There were no speakers.

Item 6. Approval of Minutes - Approval of August 19, 2002 regular Board meeting minutes. M/S/C (Hogarth/Harris) TO APPROVE AS WRITTEN. Voice vote. Passed: 7-0-0-2. Absent: Maldonado, Siegel.

Item 8.a.(1) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.     Location
2877               2816 MLK Jr. Way
2885               3260 California Street/
                        1551-57 Alcatraz
2886               3242-50 California Street

M/S/C (Spector/Harris) TO ACCEPT RECOMMENDATIONS OF HEARING EXAMINERS ON WAIVERS LISTED. Voice vote. Passed: 7-0-0-2. Absent: Maldonado, Siegel.

Item 7.a. Appeal T-3688/T-4104 - 2398 Hilgard Avenue Commissioner Siegel recused himself. M/S/F Substitute motion (Hogarth/Chong) TO VACATE THE HEARING EXAMINER'S DECISION AND DECLARE THE APPEAL MOOT. Roll call vote. Yes: Janowitz, Spector, Hogarth, Chong; No: Anderson, Harris, Alberti; Abstain: None; Absent: Maldonado. Failed: 4-3-0-2.

M/S/F Original motion (Janowitz/Harris) TO DECLARE THE APPEAL MOOT BECAUSE THE TENANT NO LONGER OCCUPIES THE SUBJECT UNIT. Roll call vote. Yes: Janowitz, Anderson, Harris, Alberti; No: Spector, Hogarth, Chong; Abstain: None, Absent: Maldonado. Failed: 4-3-0-2.

Since both motions failed, the appeal will be heard again at the next regular Board meeting.

Item 7.b. Appeal T-4116 - 927 Allston Way Commissioner Janowitz recused himself. M/S/C (Spector/Harris) TO AFFIRM THE DECISION OF THE HEARING EXAMINER WITH THE FOLLOWING CHANGES IN RENT REDUCTIONS: 3% FOR SINK TRAP, 3% FOR PEELING PAINT; 10% FOR DEFECTIVE SMOKE DETECTOR. A friendly amendment made by Commissioner Hogarth was accepted by Commissioner Spector. TO INCREASE THE RENT REDUCTION TO 5% FOR FAULTY FOUNDATION. Roll call vote. Yes: Anderson, Spector, Harris, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado, Siegel. Passed: 6-0-0-3.

Item 9. Announcements

a. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - Thursday, September 12 at 6:30 PM at 2001 Center Street, 2nd Floor, Law Library.
(2) Community Education and Outreach - Wednesday, September 25 at 6:00 PM at 2001 Center Street, 2nd Floor, Law Library.
(3) Eviction - Thursday, September 26 at 6:00 PM at 2001 Center Street, 2nd Floor, Law Library.
(4) IRA/AGA - Tuesday, September 10 at 7:00 PM at 2001 Center Street, 2nd Floor, Law Library.
(5) Student Outreach and Internship - Tuesday, September 24 at 7:00 PM on UC Campus, Eshleman Hall.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

b. Housing Update program scheduled for Monday, September 9, 2002 at 5:30 PM on the subject of mold will be rescheduled.  A previous Housing Update program will be repeated.

Item 10. Adjournment 9:32 PM