RENT STABILIZATION BOARD
Regular Meeting
and Public Hearing

Thursday, May 20, 2004
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 - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the Minutes of the May 3 2004 regular meeting. 

5.  Public Hearing on and Adoption of the Fiscal Year 2004/2005 Budget:  7:00 p.m. 

a.  Public testimony on the budget. 

b.  Discussion and adoption of the Fiscal Year 2004/2005 Budget and staffing model.  (Recommendation from the Budget & Personnel Committee to be distributed.)  

6. Appeals - Time Certain - 7:15  p.m.

Appeal T-4537 - 2208 McGee Avenue, #2. This is a tenant appeal of a hearing examiner decision that found that the landlord had not collected illegally high rent. On appeal, tenants claim they were prejudiced by the failure of Berkeley Housing Authority (BHA) staff to comply with a subpoena directing the production of specified documents. The subpoena in question, however, was issued by the Alameda County Superior Court, which did not have the authority to issue a subpoena compelling a witness to appear and produce documents at an administrative hearing at the Rent Board. Thus, the subpoena was invalid. In addition, evidence in the record establishes that the landlord had not previously terminated or "opted-out" of a Section 8 contract and, therefore, was not restricted in raising the rent on the subject unit. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

7. Action Items

a. From Committees and the Executive Director

(1) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with the Eviction Defense Center (EDC) for the 2004/2005 Fiscal Year. (Eviction Committee)

(2) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with East Bay Community Law Center (EBCLC) for the 2004/2005 Fiscal Year. (Eviction Committee)

(3) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Housing Rights, Inc. (HRI) for the 2004/2005 Fiscal Year. (Eviction Committee)

(4) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Inkworks Progressive Printing ("Inkworks") for Fiscal Year 2004/2005 in an amount not to exceed $40,000. (Executive Director)

(5) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Volt Temporary Agency Services for Fiscal Year 2004/2005 in an amount not to exceed $10,000. (Executive Director)

(6) Recommendation to adopt a resolution authorizing the Executive Director to modify contract number 2453 with Quartet Systems, Inc. extending the term through June 30, 2005. (Executive Director)

(7) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Berkeley Community Media, Inc. ("BCM") for the 2004/2005 Fiscal Year. (Executive Director)

(8) Recommendation to adopt a resolution authorizing the Executive Director to extend the Rent Board's contract with Christine Minnehan & Associates for the 2004/2005 Fiscal Year. (Executive Director)

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

Ministerial Waivers

Waiver No.      Property Address
3057                 3217 Adeline Street 
3116                 2001/2003 Vine Street 
3141                 1320 MLK Jr. Way

Discretionary Waivers

Waiver No.      Property Address
3115                 1829 Ashby Avenue 
3134                 2136 Dwight Way

(10) Recommendation that the Board consider setting its summer vacation schedule. (Chair and Executive Director)

8. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Update on proposed changes to Ordinance. (Executive Director) (Council reports for the May 25th meeting to be delivered.)

(2) Registration update. (Executive Director)

(3) Measure Y Tracking Report for the months of December 2000 through December 2003. (Executive Director) (To be delivered.)

(4) May 26th Poetry Slam. (Executive Director)

(5) Updated Guide to Berkeley's Rent Stabilization Program (Executive Director)

(6) Selection of Temporary Staff Attorney I (Executive Director)

b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel 

(a) Revised minutes of April 26th meeting. 

(b) Agenda and Minutes of May 10th meeting. 

(c) Agenda of May 14th meeting.

(2) Outreach 

(3) IRA/AGA -Next meeting: Tuesday, June 1st at 6 p.m. 

(4) Eviction 

(a) Agenda and Unapproved minutes of May 13th meeting. 

(5) 4x4 City Council/RSB Housing Committee

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

9. Adjournment