RENT STABILIZATION BOARD
Regular Meeting

Thursday, May 22, 2003
7 p.m.

North Berkeley Senior Center
1901 Hearst, Classrooms A & B 
Second Floor 
Note: Change in location
Meeting will not be broadcast

AGENDA

1. Roll Call - Closed Session: 6:00 p.m. Regular Meeting: 7:00 p.m.

2. Closed Session - 6:00 p.m.

Item 1. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Subdivision (a) of Section 54956.9 of the Government Code)

James v. City of Berkeley Rent Stabilization Board (Estrada)
Alameda County Superior Court Case No. 2002-043234

James v. City of Berkeley Rent Stabilization Board (Segoviano)
Alameda County Superior Court Case No. 2002-048040

3. Approval of the Agenda

4. Public Forum

5. Approval of the Minutes - Minutes of May 5, 2003 regular meeting.

6. Appeals - Time Certain - 7:30 PM

a. Appeal T-4367/RWN-1393 - 2609 McGee Avenue, #A. This petition involves a two-unit property that is exempt from the Rent Ordinance when one unit is occupied by an owner of record holding at least a 50% ownership interest in the property. Here, the owner lived on the premises but, for the period in question, had not recorded his title to the property. Therefore, the property was not exempt from the Rent Ordinance and needed to be registered with the Rent Board. The tenants petitioned for rent overcharges and were awarded $350 because the owner had raised the rent when the property was not registered with the Board. On appeal, the owner presents no legal or factual basis for modifying the hearing examiner decision. Accordingly, staff recommends that the decision of the hearing examiner be affirmed.

7. Action Items

a. From Board Members

Recommendation that the Board form an ad hoc subcommittee on Section 8 issues to explore possible legislative remedies to the voucher situation. (Commissioner Anderson)

b. From Executive Director

(1) Proposal that the Board adopt at second reading to amend Regulations 524 and 525:  (May 22, 2003, Staff Report) [PDF file, requires Adobe Acrobat Reader ]

(a) Regulation 524 to clarify that the rent ceiling limitations of Rent Stabilization Ordinance are intended to apply to units rented for residential use by a "tenant in occupancy" and do not apply to rental units that are kept primarily for secondary occupancy, such as a pied-a-terre or a vacation home, or for non-residential use, such as commercial or storage; and

(b) Regulation 525 to provide a procedure by which a landlord may seek a determination from the Rent Board that a unit is not being occupied by a "tenant in occupancy."

(2) Proposal that the Board adopt a resolution to authorize the Executive Director to submit a request to the City Council to amend section 13.77.040 of the Ellis Implementation Ordinance (Berkeley Municipal Code (BMC) Chapter 13.77) to include the five-year rent restriction authorized in Section 7060.2 of the Ellis Act (Gov't Code section 70600 et seq.). [PDF files, require Adobe Acrobat Reader] 

(3) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.   Location
2999              1524 Milvia St. (continued from 5/5) 
3028              2601 Milvia Street 
3029              1501 Harmon Street 
3034              565/567 Spruce Street
3038              1738 Stuart Street 
3041              2426 McGee Avenue 
3044              1132-40 Page Street 
3045              2916-18 Hillegass Avenue
3048              2538 McGee Avenue 
3050              2324 9th Street 
3051              2229 8th Street 
3053              2430 8th Street 
3054              2434 8th Street

(4) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Inkworks Progressive Printing ("Inkworks") for Fiscal Year 2003/2004 in an amount no to exceed $40,000.

(5) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Volt Temporary Agency Services for Fiscal Year 2003/2004 in an amount not to exceed $40,000.

(6) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Quartet for the 2003/2004 Fiscal Year to provide services for the Rent Tracking System in amount not to exceed $10,000.

(7) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Berkeley Community Media for the 2003/2004 Fiscal Year to provide video broadcasting services in an amount not to exceed $21,500, plus $1200 for additional supplies and services provided on a fee basis.

(8) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Christine Minnehan and Associates for the 2003/2004 Fiscal Year to provide legislative services for the next fiscal year in an amount not to exceed $36,000.

(9) Recommendation that the Board consider setting its summer vacation schedule.

(10) Proposal that the Board revise regulations 883, 884 & 885, which guide the penalty waiver process. (To be distributed.)

8. Information and Announcements

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

a. Reports from Board Members/Staff.

Distribution of final adopted 2003/2004 Budget documents. (Executive Director) (To be distributed.)

b. Announcements of upcoming Committee Meetings: 

(1) Budget and Personnel 

(2) Outreach - Next meeting: Wednesday, May 28 at 6 p.m. 

(3) Eviction 

(4) IRA/AGA - Next meeting: Wednesday, June 11 at 5:30 p.m. 

(a) Minutes of April 22, 2003 meeting. 

(5) 3x3 City Council/RSB Housing Committee

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

9. Adjournment