Special Meeting Minutes

Thursday, December 7, 2000

2134 Martin Luther King, Jr. Way
Council Chambers, Second Floor


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

Absent:                      None

Staff Present:           Kelly, Tine, Wyche

Item 1.             Roll Call was at 7:05

Item 2.b.          Oath of Office of Boardmembers-elect.  City Clerk Sherry Kelly administered the Oath of Office to Maxwell Anderson, Judy Ann Alberti, Paul Hogarth and Matthew Siegel and presented them with a Certificate of Election.

Item 2. (c)        Election of Chairperson.  MOTION  (Janowitz) TO NOMINATE COMMISSIONER ANDERSON; MOTION (Harris) TO NOMINATE COMMISSIONER JANOWITZ. Commissioner Janowitz respectfully withdrew his name.  A hand vote was taken and Commissioner Anderson was elected by a unanimous vote.

Item 2(d)          Election of Vice Chairperson.   MOTION (Harris) TO NOMINATE COMMISSIONER JANOWITZ; MOTION (Hogarth) TO NOMINATE COMMISSIONER BERNAY.  A roll call vote was taken and each Commissioner voiced their choice.    Commissioner Bernay was elected new Vice Chair by a majority vote of 6.

Item 2(f)           Resolution In Appreciation of William E. Bolden, Jr.’s Fifteen Years of Outstanding Service as an Assistant Management Analyst for the Berkeley Rent Stabilization Board.   Passed:  9-0-0-0

Item 3.             Approval of the Agenda.   APPROVED AS WRITTEN.  M/S/C (/Harris/Maldonado) Passed. 9-0-0-0

 Item 5.            Approval of the Minutes.  APPROVED AS WRITTEN.  M/S/F  (Harris/Bernay)  Failed.  3-0-6-0  The Acting Executive Director suggested that the minutes be approved and passed by necessity, since two of the five commissioners in attendance at the meeting are no longer on the Board and, therefore,  it is impossible to get the necessary 5 votes to approve the minutes.

Item 6.a.(1)      Second reading of proposal to adopt Regulation 1382 clarifying that the 50% ownership interest requirement of the Rent Ordinance may be satisfied by married couples or registered domestic partners whose combined recorded interest in a property equals or exceeds 50%.

SUBSTITUTE MOTION:  M/S/F (Hogarth/Maldonado) TO REFER BACK TO THE EVICTION COMMITTEE FOR FURTHER REVIEW:  A roll call vote was taken.  Yes: Maldonado, Hogarth; No: Janowitz, Spector, Harris, Alberti; Abstain: Anderson, Bernay, Siegel; Absent: None.  Failed: 2-4-3-0


PARAGRAPH “A.” TO READ AS FOLLOW:  “A married couple who together hold at least a recorded 50% ownership interest in a property, as community property or otherwise, satisfies the ownership requirement of Sections 13.76.050.H and 13.76.130A9 of the Rent Ordinance.”

PARAGRAPH “B.” TO READ AS FOLLOWS: “An unmarried couple in a registered domestic partnership, who together hold at least a 50% recorded interest in a property, satisfies the ownership requirement of Sections 13.76.050.H and 13.76.130.A9 of the Rent Ordinance.”

A roll call vote was taken.  Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Alberti; No: None; Abstain: Hogarth; Absent: None.  Passed. 8-0-1-0

Item 6.b.(1)      Adoption of 2000/2001 Rent Stabilization Board Regular Meeting Schedule, from December 2000 through December 2001, in accordance with the City of Berkeley’s recently adopted 2001 Holiday Schedule.  M/S/C (Janowitz/Alberti) TO ADOPT THE 2000/2001 REGULAR RENT BOARD MEETING SCHEDULE AS WRITTEN.  A roll call vote was taken.  Yes: Maldonado, Janowitz, Anderson, Bernay, Spector, Harris, Siegel, Hogarth, Alberti; No: None; Abstain: None; Absent: None.  Passed: 9-0-0-0

Item 7.             Announcements:  No meetings were scheduled.

Adjournment was at 8:25 P.M.