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Rent Stabilization Board
Rent Stabilization Board

Regular Meeting Minutes

Monday, October 21, 2002
7 PM


Item 1. Call to Order - Chairperson Anderson called the meeting to order at 7:00 p.m. Secretary Pam Wyche called the roll:

Commissioners Present: Maldonado (arrived 7:15), Janowitz, Anderson, Spector, Harris, Siegel, Hogarth, Chong, Alberti
Commissioners Absent: None
Staff Present: Gelb, Kelekian, Tine, and Wyche

Item 2. Approval of the Agenda - APPROVED AS WRITTEN WITH AGREEMENT TO TAKE ITEMS OUT OF ORDER TO ACCOMMODATE APPEAL HEARING SCHEDULED FOR 8:00PM TIME CERTAIN. M/S/C (Siegel/Chong) Voice vote. Passed: 8-0-0-1. Absent: Maldonado.

Item 3. Public Hearing on the Year 2003 Annual General Adjustment (AGA) and draft AGA Report.

a. Presentation by Jay Kelekian, Executive Director, explaining the revised Seifel AGA report, the consistency and fairness of the formula used in determining past and current annual AGA's and recommending that the Board consider adopting a zero ($.0) 2003 AGA, as proposed by the IRA/AGA Committee.

7:05 p.m. M/S/C (Janowitz/Spector) MOTION TO OPEN PUBLIC HEARING. Voice vote. Passed: 9-0-0-0.

b. Testimony from members of public. There were two speakers: Dean Royer, tenant, in support of a zero 2003 AGA; Peggy Schioler, landlord, opposing the Board's methodology in determining annual AGA's.

7:15 p.m. M/S/C (Chong/Hogarth) MOTION TO CLOSE PUBLIC HEARING. Voice vote: Passed: 9-0-0-0.

c. Recommendation from IRA/AGA Committee, presented by Commissioner Siegel, Committee Chair, to adopt a zero ($.0) 2003 AGA.

M/S/C (Harris/Hogarth) TO ADOPT A ZERO ($.0) 2003 AGA. Roll call vote. Passed unanimously 9-0-0-0.

d. Comments from Board Members, questions to staff.

e. Adoption of the Year 2003 AGA Order, Regulation 1125 and formula.

M/S/C (Spector/Maldonado) MOTION TO CONFIRM AGA FORMULA AND METHODOLOGY AS SET FORTH IN REGULATION 1124, 65% OF CPI PLUS SHELTER, FOR YEAR 2004. Roll call vote. Yes: Maldonado, Janowitz, Anderson, Spector, Harris, Siegel, Alberti, Chong; No: None; Abstain: Hogarth; Absent: None. Passed: 8-0-1-0.

M/S/C (Hogarth/Maldonado) TO ADOPT THE YEAR 2003 AGA ORDER AS ENUMERATED IN REGULATION 1125. Roll call vote. Passed unanimously 9-0-0-0.

Item 5. Approval of Minutes - Approval of October 7, 2002 regular Board meeting minutes. M/S/C (Janowitz/Siegel) TO APPROVE AS WRITTEN. Voice vote. Passed: 9-0-0-0.

Item 7.a.(1) First reading of proposed Regulation 1509 to provide a procedure for requesting the Rent Board to seek injunctive relief to enjoin violation of the Rent Ordinance. There was no action taken. The Board discussed in detail concerns regarding the wording of the regulation. The Board made a request to the Executive Director to meet with Legal Staff to reword the regulation to reflect all concerns discussed and place a revised first reading on the next regular Board meeting agenda.

Item 6.(a) Appeal T-4257; 12243 Dwight Way, Unit B. M/S/C (Janowitz/Chong) TO AFFIRM DECISION OF HEARING EXAMINER. Roll call vote. Passed unanimously 9-0-0-0.

Item 6.(b) Appeal T-3417; 1760 Walnut Street. Commissioner Siegel recused himself. M/S/C (Janowitz/Harris) TO ACCEPT STAFF RECOMMENDATION TO AFFIRM IN PART THE HEARING EXAMINER'S DECISION TO RESTORE 94-96 AGA's AND TO MODIFY THE SECOND PART OF THE DECISION TO REFLECT THAT NO BINDING DETERMINATION HAS BEEN MADE REGARDING THE LANDLORD'S ELIGIBILITY FOR THE 99-02 AGA's. Roll call vote. Yes: Janowitz, Anderson, Harris, Hogarth, Alberti, Chong; No: Spector; Abstain: Maldonado; Absent: None; Recused: Siegel. Passed: 6-1-1-1.

M/S/F (Maldonado/Hogarth) TO REFUND APPELLANT'S $50.00 APPEAL FILING FEE. Roll call vote. Yes: Maldonado, Spector, Hogarth; No: Janowitz, Anderson, Alberti, Chong; Abstain: None; Absent: Harris; Recused: Siegel. Failed: 3-4-0-2.

Item 7.a.(2) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Eviction Defense Center (EDC) for the remaining 2002/2003 fiscal year, to increase the total contract amount by $970 to cover the Rent Board's percentage of EDC's rent increase associated with the cost to expand their office space. Commissioner Janowitz recused himself. M/S/C (Hogarth/Alberti) TO APPROVE RESOLUTION AS WRITTEN. Roll call vote. Yes: Anderson, Spector, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado, Harris; Recused: Janowitz. Passed: 6-0-0-3.

Item 7.a.(3) Proposal that the Board adopt a resolution approving a proposal to expand Rent Stabilization Board outreach activities to include sponsoring a Poetry Slam Challenge, focusing on housing issues, at the Starry Plough in January or February 2003 and authorizing the Executive Director to expend up to $225 for cash prizes. M/S/C (Hogarth/Spector) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Janowitz, Anderson, Spector, Siegel, Hogarth, Alberti, Chong; No: None; Abstain: None; Absent: Maldonado, Harris. Passed: 7-0-0-2.

Item 7.b. Proposal by Executive Director to cancel November 4, 2002 regular Board meeting. M/S/C (Hogarth/Alberti) TO CANCEL NOVEMBER 4, 2002 REGULAR BOARD MEETING. Voice vote. Passed: 7-0-0-2 Absent: Maldonado, Harris.

Item 8. Information and Announcements

a. Reports and information from Board Members/staff.

(1) Executive Director gave update of Tenants Rights Week scheduled for the week of October 28 through November 1, 2002.

(2) Executive Director gave update of the Third Annual Conference on Rent Stabilization to be sponsored by the Berkeley Rent Stabilization Board in spring of 2003.

(3) Executive Director announced a City of Berkeley event on preventing hate crimes, Thursday, October 24, 2002, at the North Berkeley Senior Center, 1901 Hearst Street 6:30 p.m. to 9:30 p.m.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel - No meeting set.
(2) Community Education and Outreach - Wednesday, November 6, at 6 p.m., 2001 Center Street, 2nd Floor, Law Library.
(3) Eviction - No meeting set.
(5) Student Outreach and Internship - TBA.
(6) 3x3 City Council/RSB Housing Committee - No meeting set.

Item 9. Adjournment 9:54 p.m.

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