RENT STABILIZATION BOARD

Regular Meeting Minutes

Monday, March 19, 2001
7:00 p.m.

APPROVED

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

Staff Present: Gelb, Kelly, Tine, Wyche

Roll Call 6:35PM Closed Session; 7:03PM Regular Meeting

Item 2. Closed Session: The Board met in closed session pursuant to Subdivision (a) of Section 54956.9 of the Government code to confer with legal counsel regarding the pending litigation titled Berkeley Property Owners Association, et al. v. City of Berkeley Rent Stabilization Board, Alameda County Superior Court Number 831986-1, a complaint for declaratory relief brought by the Berkeley Property Owners Association, Woodrow and Marcia Mertens, Robert Englund and Albert Sukhoff challenging the validity of the 1996 through 2000 Annual General Adjustments.  M/S/C (Janowitz/Harris) TO AUTHORIZE THE RENT BOARD LEGAL COUNSEL TO SEEK IMMEDIATE APPELLATE REVIEW OF THE SUPERIOR COURT'S MARCH 7, 2001 ORDER OVERRULING THE RENT BOARD'S DEMURRER TO THE COMPLAINT. Passed. 7-0-0-2 Absent: Anderson, Bernay.

Item 3. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Siegel/Alberti) Passed 6-0-0-3. Absent: Maldonado, Anderson, Bernay.

Item 4. Public Forum. There were no speakers.

Item 5. Approval of the Minutes. M/S/C (Harris/Siegel) APPROVED AS WRITTEN. Passed 6-0-0-3. Absent: Maldonado, Anderson, Bernay.

Item 6. Appeals in T-3798 - 2620 Stuart Street, #4. M/S/F (Janowitz/Harris) TO VACATE THE HEARING EXAMINER'S DECISION AND ACCEPT LEGAL STAFF'S RECOMMENDATION TO REINSTATE THE DECISION BASED ON THE SETTLEMENT AGREEMENT. A roll call vote was taken. Yes: Janowitz, Harris, Siegel; No: Maldonado, Spector, Hogarth; Abstain: Alberti; Absent: Anderson, Bernay. Failed: 3-3-1-2. M/S/C (Harris/Hogarth) TO CONTINUE APPEAL T-3798 TO THE NEXT REGULAR MEETING OF APRIL 2, 2001. A roll vote was taken. Yes: Maldonado, Janowitz, Spector, Harris, Siegel, Alberti; No: None; Abstain: None; Absent: Anderson, Bernay. Passed 7-0-0-2.

Item 7.a.(2) Proposal to adopt resolution authorizing an increase in the total amount of the contract with Christine Minnehan and Associates for Fiscal Year 2000/2001 from $27,500 up to an amount not to exceed $29,500. M/S/C (Hogarth/Harris) TO ADOPT THE RESOLUTION. A roll call vote was taken. Yes: Janowitz, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: Maldonado; Absent: Anderson, Bernay. Passed. 6-0-1-2.

Item 7.b.(1). Proposal to approve staff recommendations on the following requests for waiver of late registration penalties: Waivers: #2578 -2229 Ward; #2579 - 2210 Haste; #2580 - 1521 Woolsey; #2582 - 3052 Wheeler/2139 Prince; #2583 - 1100 Ward; #2585 - 2326 10th Street. M/S/C (Harris/Alberti) TO ACCEPT HEARING EXAMINERS RECOMMENDATIONS ON ALL WAIVERS. A roll call vote was taken. Yes: Maldonado, Janowitz, Spector, Harris, Siegel, Alberti; No: None; Abstain: Hogarth; Absent: Anderson, Bernay.

Item 8 Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - No meeting set. 
(2) Community Education & Outreach - Tuesday, March 27 at 5PM, Law Library. 
(3) Eviction - Thursday, April 19 at 6:15PM. 
(4) IRA/Annual General Adjustment - Thursday, March 22 at 6:15PM, Law Library. 
(5) Student Outreach & Internship - Spring Break - No meeting set. 
(6) 3x3 City Council/RSB Housing Committee - Thursday, March 22 at 5:30PM on UC Campus.

Adjournment was at 10:02 P.M.