RENT STABILIZATION BOARD
Regular Meeting

Monday, May 6, 2002
7:00p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3
BTV Cable Channel 25 and
CTV Cable Channel 78

AGENDA

1. Roll Call - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Approval of the MinutesMinutes of April 15, 2002 regular meeting.

5. Appeals - Time Certain - 7:30 PM

a. Appeal T-3972-3975 - 2826 Telegraph Avenue #5-8. Tenants appeal a hearing examiner decision that awarded a 20% rent reduction for the seven-month period that use of their units was impaired by renovation work and the installation of a new roof. The tenants seek to have: (1) an alleged settlement agreement enforced that is not on the record; (2) a rent reduction granted on testimony not in the record; (3) a rent reduction granted for a cardiac condition claimed to have been triggered by the renovation work; (4) a rent reduction granted for noise that does not violate a noise abatement ordinance; and (5) an appeal filing fee refunded. None of these claims provides grounds for modifying the hearing examiner decision or the decision to deny the request for waiver of the appeal filing fee. Therefore, it is recommended that the decisions be affirmed.

b. Appeal T - 4069 - 2826 Telegraph Avenue #2. The hearing examiner found that a reduction in parking warranted a $10 per month rent reduction, the same reduction negotiated by two other similarly situated tenants on the property. On appeal, the tenant contends he is entitled to a 10% reduction ($57.40) in the rent ceiling. The tenant, however, has misread Regulation 1269. The 10% reduction provision in the regulation applies to violations of the warranty of habitability, not to decreases in housing services. Accordingly, it is recommended that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committees

(1) Recommendation that the Board review the attached memorandum from legal staff which concludes that the Board did not comply with the requirements of the Brown Act in the selection of panels and members of panels to assist the Rent Board in selecting a new executive director, and that the Board reconsider the establishment of panels for hiring a new executive director, including whether it wants panels, and if so what kind, and how they should be constituted at this meeting. (Budget and Personnel)

(2) Recommendation that the Board establish three interview panels with three to five people each: a professional panel, a community panel and an employee panel. (Budget and Personnel)

(3) Recommendation that the that the professional panel consist of two executive directors from outside rent boards, two top management from other Berkeley City departments and/or agencies and one of the following senior Rent Board supervisors: Donald Tine, Brian Kelly or Thomas Brougham. (Budget and Personnel)

(4) Recommendation that the community panel consist of persons from organizations that provide eviction defense services to the Board, other community activists and other community representatives. (Budget and Personnel)

(5) Recommendation that the employee panel shall be selected as follows: Each of the five administrative units of the agency--administration, PIU, registration, hearings and legal--shall choose representatives to be on the panel; provided that among the five representatives there shall be at least one person from each of the three unions. (Budget and Personnel)

(6) Recommendation that Board members make recommendations for membership on the professional and community panels and give them to executive recruiter Bill Hawkins by May 7, 2002. (Budget and Personnel)

(7) Recommendation to adopt a resolution to authorize the Executive Director to extend the agreement with the City of Berkeley Housing Department for Fiscal Year 2002/2003, whereby the Board will pay the Housing Department no more than $10,000 to continue to monitor contract compliance of the Board's community agency service providers. (Eviction Committee)

(8) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with the Eviction Defense Center (EDC) for Fiscal Year 2002/2003 for an amount not to exceed $61,954 for the provision of services to tenants in Berkeley. (Eviction Committee)

(9) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with East Bay Community Law Center (EBCLC) for Fiscal Year 2002/2003 to continue to provide services to tenants in Berkeley. Contract amount is not to exceed $83,500. (Eviction Committee)

(10) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Housing Rights, Inc. (HRI) for Fiscal Year 2002/2003 to continue to provide services to tenants in Berkeley. Contract amount is not to exceed $48,400. (Eviction Committee)

(11) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Seifel Associates for Fiscal Year 2002/2003 to provide the Year 2003 Annual General Adjustment (AGA) survey report, in an amount not to exceed $12,000. (Budget and Personnel)

(12) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Quartet for the 2002/2003 Fiscal Year to provide services for the Rent Tracking System in amount not to exceed $10,000. (Budget and Personnel)

(13) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Berkeley Community Media for the 2002/2003 Fiscal Year to provide video broadcasting services in an amount not to exceed $21,800, plus $1200 for additional supplies and services provided on a fee basis. (Budget and Personnel)

(14) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Christine Minnehan and Associates for the 2002/2003 Fiscal Year to provide legislative services for the next fiscal year in an amount not to exceed $33,400. (Budget and Personnel)

b. From Executive Director

(1) Recommendation to adopt a resolution adopting a Fiscal Year 2002/2003 Final Budget and Establishing the Annual Registration Fee.

7. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel
(2) Community Education and Outreach
(3) Eviction - IRA/AGA
(4) Student Outreach and Internship -in Senate Lounge, 2nd Floor, Eshleman Hall, UC Campus
(5) 3x3 City Council/RSB Housing Committee

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

8. Adjournment