RENT STABILIZATION BOARD
Regular Meeting

Monday, June 16, 2008
7 p.m.
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Berkeley, CA
Broadcast Live - KPFB - 89.3 (N. Berkeley)
and
BTV Cable Channel 33

Video Archive 

Agenda

1. Roll Call  -  Closed session:  6:00 PM   Regular meeting:  7 PM

2. Closed Session pursuant to Government Code section 54957  - 6 PM

 a.  PUBLIC EMPLOYEE PERFORMANCE EVALUATION.
      Title:  Executive Director

Closed Session pursuant to Government Code section 54957.6

a. EMPLOYMENT CONTRACT NEGOTIATIONS
Title:  Executive Director

b.   CONFERENCE WITH LABOR NEGOTIATOR
Board Negotiator:  Jay Kelekian  

3.  Approval of Agenda

4.  Public Forum

5.  Approval of May 12, 2008 regular meeting minutes .

6. Appeal Time Certain – 7:15 p.m.

a.  Appeal T-4848 – 2533 Milvia Street.  (Continued to July 21st meeting.)  This is a subtenant’s appeal of a hearing examiner’s decision that found that the subtenant had been overcharged rent by the master tenant.  The master tenant is a Rent Board commissioner.   On appeal, the subtenant asks the Rent Board to withhold the stipend the master tenant receives for serving on the Board and pay the money to him (the subtenant) to satisfy the master tenant’s debt.  Without a court order, the Rent Board lacks the authority to withhold the commissioner’s stipend.  For this reason, staff recommends that the appeal be denied. 

b.  Appeal RWN-1456.  This is a landlord appeal of a hearing examiner decision that found that sufficient evidence was submitted to establish that the landlord’s principal residence was not one of the two units on the subject property but remained the single family house directly across the street.  Accordingly, the landlord was ordered to register the rented unit on the subject property.  On appeal, the landlord contends that he did not receive a fair hearing and that the evidence established that he and his family lived in the subject duplex.  A review of the record shows that the decision of the hearing examiner is supported by substantial evidence.  Thus, there are no grounds for modifying the hearing examiner decision and staff recommends that the decision be affirmed.

7.   Discussion and adoption of the Fiscal Year 2008/2009 Budget. 

a. Public testimony on the 2008/2009 Fiscal Year budget.

b. Discussion and adoption of the Fiscal Year 2008/2009 budget and staffing model  [PDF file, requires Adobe Acrobat Reader.] (Executive Director and Budget and Personnel Committee Members.) (To be distributed)

8.    Action Items

a. From Board Members, Executive Director and Committees

(1) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with Inkworks Printing.  ([PDF file] Executive Director)

(2) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with KPFA [PDF file] (Executive Director)

(3) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with Teri Darrenougue to continue to provide closed captioning services.  ([PDF file] Executive Director)

(4) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order in the 2008/2009 Fiscal Year with Berkeley Unified School District for rental of the Council Chambers for monthly Rent Board meetings. [PDF file] (Executive Director)

(5) Recommendation to adopt at first reading proposed amendments to Regulations 701 [Security Deposits] and 702 [Payment of Interest on Security Deposits], which will allow landlords who verify that a tenant’s security deposit has been held in an account at a bank located in Berkeley to return interest at the rate equal to the average of the interest rates offered by Berkeley banks for six-month CDs. (IRA/AGA Committee)

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

            Discretionary Waivers

Waiver No.      Property Address
3579                 2625 – 2627 Regent (Continued from May 12th meeting)
3586                 1165 Sutter Street

9.    Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Update on Condominium Conversion Ordinance revisions and implementation. Presentations by:  Tim Stroshane, Senior Planner in the Housing Department and Steve Barton, Principal Planner at the Rent Stabilization Program.  [PDF file, requires Adobe Acrobat Reader.] 

(2) June election results.

(3) Annual registration mailing to property owners.

(4) Rent/mortgage payment assistance flier.

b.     Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel

a.  Meeting of June 9th canceled – no quorum.

(2) Outreach

(3) IRA/AGA and Habitability

(4) Eviction/Section 8

(5) 4x4 City Council/RSB Housing Committee

(6) Ad Hoc Committee on Soft Story Ordinance

(7) Ad Hoc Committee on Condominium Conversion Ordinance

(8) Future Special Meetings

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

10.    Adjournment