RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, December 2, 2002
7 PM

APPROVED

Item 1. Call to Order - Chairperson Anderson called the meeting to order at 7:04 p.m. Secretary Pam Wyche called the roll: 7:04 p.m.

Commissioners Present: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector
Commissioners Absent: None
Staff Present: Gelb, Kelekian, Wyche

Item 2. Approval of the Agenda - APPROVED AS WRITTEN. M/S/C (Siegel/Alberti) Voice vote. Passed: 9-0-0-0.

Item 3. Public Forum - There were no speakers.

Item 4. Approval of Minutes - Approval of November 18, 2002 regular Board meeting minutes. M/S/C (Siegel/Spector) TO APPROVE AS WRITTEN. Voice vote. Passed: 6-0-3-0. Abstain: Evans, Kavanagh, Payne.

Item 5.a. Jay Kelekian, Executive Director, introduced Boardmembers-elect: Howard G. Chong, Robert J. Evans, Chris Kavanagh, Pinkie Payne and Boardmember-re-elect, Selma Spector.

Item 5.b. Sherry Kelly, City Clerk, administered the Oath of Office to Boardmembers-elect, Howard G. Chong, Robert J. Evans, Chris Kavanagh, Pinkie Payne and Boardmember re-elect, Selma Spector.

Item 5.c. Election of Chairperson. Jay Kelekian, Executive Director, opened the election of the Rent Stabilization Board Chairperson. M/S/C (Hogarth/Alberti) TO NOMINATE COMMISSIONER MAX ANDERSON TO CHAIR. No other nominations were put forward and the nominations were closed. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector. Passed: 9-0-0-0.

Item 5.d. Election of Vice Chairperson. Max Anderson, newly elected Chairperson, opened the election of the Vice Chairperson of the Rent Stabilization Board. M/S (Siegel/Spector) TO NOMINATE COMMISSIONER JUDY ANN ALBERTI TO VICE CHAIR. M/S (Alberti/Payne) TO NOMINATE COMMISSIONER SELMA SPECTOR TO VICE CHAIR. Substitute motion: M/S/C (Kavanagh/Payne) TO ELECT COMMISSIONERS ALBERTI AND SPECTOR TO CO-VICE CHAIR THE RENT STABILIZATION BOARD. No other nominations were put forward and the nominations were closed. Roll call vote on substitute motion. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 5.e. Comments by new Chair, Vice Chair, Boardmembers and Boardmembers elect and re-elect. WELCOMING COMMENTS WERE MADE BY CHAIRPERSON, COMMISSIONER ANDERSON, AND COMMISSIONERS HOGARTH AND ALBERTI. ACCEPTANCE SPEECHES WERE MADE BY BOARDMEMBERS-ELECT, CHONG, EVANS, KAVANAGH, PAYNE AND RE-ELECT SPECTOR.

Item 6.a.(1) Proposal to amend Resolution 99-1, to authorize the Executive Director, or his or her delegate, to intervene in an unlawful detainer action on behalf of the City of Berkeley Rent Stabilization Board, changing the authority from Chief Counsel to Executive Director, or his or her delegate. M/S/C (Chong/Siegel) TO ADOPT RESOLUTION 02-37 AMENDING RESOLUTION 99-1 AS WRITTEN. 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 6.a.(2) Proposal to amend Resolution 96-3, to authorize the Executive Director, or his or her delegate, to authorize the filing of amicus curiae briefs with State and Federal courts on behalf of the City of Berkeley Rent Stabilization Board, changing the authority from Chief Counsel to Executive Director, or his or her delegate. M/S/C (Chong/Alberti) TO ADOPT RESOLUTION 02-36 AMENDING RESOLUTION 96-3 AS WRITTEN. 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 6.b.(1) Measure Y Tracking Report for the months of September 2000 through September 2002. M/S/C (Alberti/Siegel) TO ACCEPT WRITTEN REPORT AS WRITTEN. A friendly amendment was made by Commissioner Chong and accepted by Commissioner Alberti. TO CHANGE THE WORDING IN PARAGRAPH TWO ON PAGE TWO OF THE REPORT AS FOLLOWS: IN 8 CASES (6%) THE UNITS WHICH HAD TENANCIES STARTING AFTER 1996 AND WERE SERVED WITH EVICTION NOTICES WERE EXEMPT AS SINGLE FAMILY HOMES UNDER COSTA-HAWKINS AND NO RENT RESTRICTIONS WERE APPLICABLE. Voice vote. Passed: 9-0-0-0.

Item 6.b.(2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.    Location
2782               2417 6th Street
2836               1533 Prince Street
2890               2212 San Pablo Avenue
2901               1523 Walnut Street
2903               2501-05 Stuart Street
2910               2112 9th Street

Commissioner Evans pulled Waiver Number 2890. M/S/C (Siegel/Hogarth) TO AFFIRM DECISION OF HEARING EXAMINERS ON ALL WAIVERS WITH THE EXCLUSION OF NUMBER 2890, 2212 San Pablo Avenue. Roll call vote. Yes: Alberti, Anderson, Chong, Evans, Hogarth, Kavanagh, Payne, Siegel, Spector; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

M/S/C (Chong/Evans) TO CONTINUE WAIVER 2890 TO THE NEXT REGULAR MEETING IN ORDER FOR STAFF TO MAKE CLEAR THE CONFUSION IN THE WORDING AS TO WHETHER PENALTIES WERE WAIVED FOR THE CURRENT OR PRIOR OWNER. Voice vote. Passed: 9-0-0-0.

Item 7. Information and Announcements

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 - No meeting set.
(4) IRA/AGA - TBA.
(5) Student Outreach and Internship - No meeting set.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Item 8. Adjournment Chairperson Anderson adjourned at 8:22 p.m.