RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, September 20, 2001

7:00 p.m.

APPROVED

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

Absent: Hogarth

Staff Present: Gelb, Kelly, Wyche

Item 1. Roll Call - 7:05PM

Item 2. Approval of the Agenda. APPROVED AS WRITTEN. M/S/C (Janowitz/Alberti) Voice vote. Passed: 7-0-0-2. Absent: Maldonado, Hogarth.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the September 6, 2001 Regular Board Meeting Minutes. M/S/C (Siegel/Alberti) APPROVED AS WRITTEN. Voice vote. Passed: 8-0-0-1. Absent: Hogarth.

Item 6.a.(1) Second reading of proposal to adopt regulation 1015 that permits an Ellis Act Notice of Intent to Withdraw Accommodations from Rent or Lease to be rescinded and the constraints placed on the property pursuant to Berkeley Municipal Code Chapter 13.77 to be removed upon a showing that no vacancies occurred, or will occur, as a consequence of the Ellis filing or that there are exceptional circumstances that warrant removing the constraints. M/S/C (Harris/Janowitz) TO ADOPT PROPOSED REGULATION 1015. A roll call vote was taken. Commissioner Siegel recused himself. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Alberti; No: None; Abstain: None; Absent: Hogarth. Passed: 7-0-0-1 1 recused.

Item 6.a.(2) Recommendation that the Board: Contract with an agency to conduct a search for a new executive director of the Rent Board; authorize staff to request proposals from at least three agencies to conduct the search; delegate the Budget and Personnel Committee to review the proposals and choose and an agency to conduct the search; and authorize the executive director to enter into the contract with the agency chosen by the Committee to conduct the search in an amount not to exceed $25,000. M/S/C (Janowitz/Alberti) A roll call vote was taken. Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Alberti; No: None; Abstain: None; Absent: Hogarth. Passed: 8-0-0-1

Item 5.a. Appeal T-3878 - 2628 Regent Street, Apt. A. (Continued from April 2 regular meeting.) M/S/F (Harris/Janowitz) TO ADOPT LEGAL STAFF RECOMMENDATION ON THE BASIS OF COLLATERAL ESTOPPEL AS DESCRIBED IN OPTION ONE. A roll call vote was taken. Yes: Janowitz, Anderson, Bernay, Harris; No: Maldonado, Spector; Abstain: Siegel, Alberti; Absent: Hogarth. Failed: 4-2-2-1. M/S/F (Spector/Maldonado) TO AFFIRM THE DECISION ON REMAND. A roll call vote was taken. Yes: Maldonado, Spector; No: Bernay, Harris, Siegel, Alberti; Abstain: Janowitz, Anderson; Absent: Hogarth. Failed: 2-4-2-1. M/S (Siegel/Maldonado) TO REMAND BACK TO HEARING EXAMINER TO MAKE A DETERMINATION AS TO WHO PAID WATER IN BASE YEAR 1979 AND 1980. Substitute Motion to reconsider was made: M/S/C (Alberti/Anderson) MOVE TO RECONSIDER ORIGINAL MOTION MADE BY COMMISSIONER HARRIS TO ADOPT OPTION ONE. A roll call vote was taken on the substitute motion to reconsider. Yes: Janowitz, Anderson, Bernay, Harris, Alberti; No: Maldonado, Spector, Siegel; Abstain: None; Absent: Hogarth. Passed: 5-3-0-1. M/S/C (Alberti/Anderson) TO ADOPT COMMISSIONER HARRIS' ORIGINAL MOTION TO ACCEPT LEGAL STAFF RECOMMENDATION ON THE BASIS OF COLLATERAL ESTOPPEL AS DESCRIBED IN OPTION ONE. A roll call vote was taken. Yes: Janowitz, Anderson, Bernay, Harris, Alberti; No: Maldonado, Spector, Siegel; Abstain: None; Absent: Hogarth. Passed: 5-3-0-1.

Item 5.b. Appeal T-3898 - 3024-A Dana Street. M/S (Janowitz/Alberti) TO ADOPT THE DECISION OF THE HEARING EXAMINER. Substitute Motion: M/S/C (Spector/Harris) TO ACCEPT THE DECISION OF THE HEARING EXAMINER THAT STORAGE WAS A BASE YEAR SERVICE AND TO REDUCE THE REDUCTION OF RENT ONE HALF OR FROM $75. TO $37.50 PER MONTH FOR LOSS OF STORAGE. A roll call vote was taken. Yes: Maldonado, Anderson, Spector, Harris, Siegel, Alberti; No: Janowitz, Bernay; Abstain: None; Absent: Hogarth. Passed: 6-2-0-1.

Item 7. Announcements of upcoming Committee Meetings.

(1) Budget/Personnel - To be announced (TBA).
(2) Community Education & Outreach - TBA
(3) Eviction - No meeting set.
(4) IRA/Annual General Adjustment - Friday, September 21 at 4:30pm, 2125 Milvia, 2nd Floor.
(5) Student Outreach & Internship - Wednesday, October 10, time and location TBA.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Commissioner Bernay announced the week of October 22 designated as 2001Tenants Rights Week.

Adjournment was at 9:36PM