RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, November 18, 2002
7 PM

APPROVED 

Item 1. Call to Order - Chairperson Anderson called the meeting to order at 7:06 p.m. Secretary Pam Wyche called the roll:

Commissioners Present: Maldonado (left 9:30p.m.), Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong, Alberti
Commissioners Absent: None
Staff Present: Gelb, Kelekian, Kelly, and Wyche

Item 2. Approval of the Agenda - APPROVED AS WRITTEN WITH AGREEMENT TO MOVE TRIBUTE TO COMMISSIONERS LEAVING OFFICE (ITEM 6.b.(1)) TO BEGINNING OF AGENDA FOLLOWING APPROVAL OF THE MINUTES. M/S/C (Janowitz/Siegel) Voice vote. Passed: 9-0-0-0.

Item 3. Public Forum - There was one speaker, Wanda Remmers from Housing Rights, Inc., to urge the Board to address the proposal that the Board fund Housing Rights to work with tenants on habitability problems.

Item 4. Approval of Minutes - Approval of October 21, 2002 regular Board meeting minutes. M/S/C (Alberti/Siegel) TO APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 6.b.(1) Staff and Commissioners tribute to Commissioners leaving office.

(a) Proposal that the Board adopt a resolution in appreciation of Sharon Maldonado's eight years of outstanding service as a Rent Board Commissioner. M/S/C (Janowitz/Alberti) ADOPT RESOLUTION AS WRITTEN. Passed unanimously.

(b) Proposal that the Board adopt a resolution in appreciation of Marc Janowitz eight years of outstanding service as a Rent Board Commissioner. M/S/C (Alberti/Hogarth) ADOPT RESOLUTION AS WRITTEN. Passed unanimously.

(c) Proposal that the Board adopt a resolution in appreciation of Larry Harris' four years of outstanding service as a Rent Board Commissioner. M/S/C (Hogarth/Janowitz) ADOPT RESOLUTION AS WRITTEN. Passed unanimously.

Item 5.a. Appeal T-4180; 1931 Berryman St., #302 (a continuance was granted. Appeal will be rescheduled to a regular meeting in January 2003.)

Item 5.b. Appeal T-4236/T-4237; 2029 McGee Ave., #4 & #6. M/S/C (Siegel/Maldonado) TO REMAND BACK TO THE HEARING EXAMINER FOR THE LIMITED PURPOSE OF TAKING TESTIMONY ON THE ISSUES OF MOLD IN BOTH UNITS, THE REFRIGERATOR IN UNIT #6, AND UNIT #4 ON THE ISSUE OF THE HOLE AND DETERIORATION IN THE BATHROOM FLOOR AS NOTED IN THE HAZARD INSPECTION REPORT. TESTIMONY HEARD AT THE NEW HEARING TO BE LIMITED TO THESE ISSUES BY ALL PARTIES AND TO INCLUDE START DATES, END DATES OR IF ONGOING. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 6.a.(1) Proposal that the Board adopt a resolution ratifying the agreement with Service Employees International Union Local 535 for the term July 7, 2002 through June 28, 2008, as negotiated by the City. M/S/C (Janowitz/Alberti) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 6.a.(2) Proposal that the Board adopt a resolution ratifying the agreement with Service Employees International Union Local 790 for the term July 7, 2002 through June 28, 2008, as negotiated by the City. M/S/C (Janowitz/Siegel) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 6.a.(3) Proposal that the Board adopt a resolution ratifying the agreement with Public Employees Union Local One for the term July 7, 2002 through June 28, 2008, as negotiated by the City. M/S/C (Janowitz/Harris) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 6.a.(4) Proposal that the Board adopt a resolution ratifying the City's salary structure for unrepresented employees in Units Z-1, Z-2, Z-3, Z-4 and X-1 to provide cost of living adjustments for the period July 7, 2002 through June 28, 2008 and to approve modification of the unrepresented employee retiree medical plan. M/S/C (Janowitz/Harris) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 6.a.(5) Proposal that the Board adopt a resolution authorizing an equity increase for the Staff Attorney III classification in an amount exactly equivalent to the equity increases approved by the City Council for the Deputy City Attorney III classification, and authorize the Executive Director to request that the City of Berkeley Personnel Board and City Council approve the aforementioned equity increase. M/S/C (Janowitz/Harris) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Hogarth, Alberti, Chong; No: None; Abstain: Siegel; Absent: Maldonado. Passed: 7-0-1-1.

Item 6.b.(2) Proposal that the Board adopt a resolution authorizing the Executive Director or his or her delegate to seek injunctive relief on behalf of the City of Berkeley Rent Stabilization Board. M/S/C (Janowitz/Siegel) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado. Passed: 8-0-0-1.

Item 6.b.(3) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.     Location
2887                2034 Ashby Avenue
2892                2018 Virginia Street
2893                2436-38 10th Street
2894                1917 Fairview Street
2895                1831-35 Harmon Street
2896                1245 Francisco Street
2897                1141 Hearst Avenue
2898                2846 McGee Avenue
2899                1818 Prince Street
2900                1780 Le Roy Avenue
2902                2835 Buena Vista Way

Commissioner Janowitz recused himself from Waiver Number 2894. M/S/C (Harris/Siegel) TO AFFIRM HEARING EXAMINER'S DECISION ON WAIVER NUMBER 2894. Voice vote: 7-0-0-2. Absent: Maldonado; Recused: Janowitz.

M/S/C (Harris/Hogarth) TO AFFIRM HEARING EXAMINER DECISIONS ON ALL REMAINDER WAIVERS LISTED. Voice vote: 8-0-0-1 Absent: Maldonado.

Item 7. Information and Announcements

a. Reports and information from Board Members/staff.

Commissioner Hogarth requested that the meeting be dedicated to his personal friend Senator Paul D. Wellstone of Minnesota who died tragically in a plane crash on October 25, 2002.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - No meeting set.
(2) Community Education and Outreach - Wednesday, December 11, at 6:30 p.m., 2125 Milvia Street, First Floor Hearings Room.
(3) Eviction - TBA.
(4) IRA/AGA - No meeting set.
(5) Student Outreach and Internship - No meeting set.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Item 8. Adjournment.  Chairperson Anderson dedicated the meeting to the late Senator Paul D. Wellstone and adjourned at 9:54 p.m.