RENT STABILIZATION BOARD
Regular Meeting

Monday, June 6, 2005
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33

AGENDA

1. Roll Call - Closed Session: 6:45 pm    Regular Meeting: 7:00 pm

2. Closed Session - 6:45 p.m.

a. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation
(Subdivision (c) of Section 54956.9 of the Government Code)

Discussion of Authorization for the Board's Legal Department to file a brief in the Superior Court as Amicus Curiae in support of Defendant Sara Nicoletti in Nemarian v. Nicoletti, Alameda County Superior Court Case No. BG05204709.

b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Section 54956.8 of the Government Code)

Property: Rent Stabilization Program office space at 2001 Center Street. 
Negotiating parties: Rent Stabilization Board and 2001 Center Group. 
Rent Board Negotiators: Jay Kelekian, Brian Kelly 
Under negotiation: Renegotiation of Existing Lease

3. Approval of the Agenda

4. Public Forum

5. Presentation in recognition of the 25-year anniversary of the Rent Ordinance.

Marty Schiffenbauer and Gene Turitz will discuss the history of the years leading up to the adoption of Measure D on June 3, 1980.

6. Approval of the Minutes - Minutes of May 16, 2005 regular meeting.

7. Appeal - Time Certain - 7:45 p.m.

a. Appeal T-4583; 3028 Deakin Street #3 - This is a tenant appeal of a hearing examiner's decision that awarded rent overcharges for various habitability problems in the tenant's unit. On appeal, the tenant claims the adjustments are too small. Upon review of the record, staff finds that there is substantial evidence to support the findings of the hearing examiner. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

8. Action Items

a. From Executive Director and Committee

(1) Proposal that the Board adopt on first reading amendments to Regulation 1301 to clarify when a non-comparable dwelling unit is available as a replacement unit for purposes of eviction for occupancy by owner or owner's relative. [PDF file, requires Adobe Acrobat Reader.] (Eviction Committee)

(2) Proposal that the Board adopt on second reading an amendment to Regulation 705 to provide that a security deposit may be increased during a tenancy in consideration of a landlord's waiver of a prohibition on pets. [PDF file, requires Adobe Acrobat Reader.] (IRA/AGA Committee)

(3) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with the Eviction Defense Center (EDC) for the 2005/2006 Fiscal Year. [PDF file, requires Adobe Acrobat Reader.] (Eviction Committee)

(4) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with East Bay Community Law Center (EBCLC) for the 2005/2006 Fiscal Year. [PDF file, requires Adobe Acrobat Reader.] (Eviction Committee)

(5) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Housing Rights, Inc. (HRI) for the 2005/2006 Fiscal Year. [PDF file, requires Adobe Acrobat Reader.] (Eviction Committee)

(6) Recommendation to adopt a resolution authorizing the Executive Director to extend the Rent Board's contract with Christine Minnehan & Associates for the 2005/2006 Fiscal Year. [PDF file, requires Adobe Acrobat Reader.] (Executive Director)

(7) Proposal to reschedule the July 7, 2005 regular Board meeting to the North Berkeley Senior Center. (Executive Director) Verbal report.

(8) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director) 

Discretionary Waivers

Waiver No.      Property Address
3260                 2407 & 09 Hillside Avenue (Continued from 5/16/05 meeting.) 
3264                 2336 Piedmont Avenue 
3265                 2663 & 2665 Shasta Road 
3267                 3007 & 3009 Acton Street

9. Information and Announcements

Please Note: The Board may move Information Items to the Action Calendar.

a. Reports from Board Members/Staff.

(1) Soft story update.

(2) TIC/Condo Conversion update.

(3) Registration update. (Executive Director)

(4) Follow-up on FY 2005/2006 adopted budget.

(5) Updated Calendar Year 2005 Rent Board Meeting schedule.

b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel 

(2) Outreach - Next meeting: 

a. Unapproved minutes of May 31st meeting. 

(3) IRA/AGA -Next meeting: Monday, June 13, 2005. 

(4) Eviction - Next meeting: 

a. Unapproved minutes of May 23rd meeting. 

(5) 4x4 City Council/RSB Housing Committee

c. Discussion of items for possible placement on future agenda material.

(1) Update on Case Management progress in Public Information Unit.

(2) Web casting.

(3) Report from Legislative Advocate.

10. Adjournment