RENT STABILIZATION BOARD
Regular Meeting

Monday, October 20, 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  - 7 PM 

2.  Approval of Agenda

3.  Public Forum

4.  Approval of September 15, 2008 regular meeting minutes.

5. Appeal Time Certain – 7:15 p.m.

a.  Appeal T-4915 – 1233 Channing Way.  This is a landlord’s appeal of a hearing examiner’s decision that denied AGA’s because the property was not properly registered and awarded rent overcharges for rent ceiling violations and habitability problems.  On appeal, the landlord contends that his predecessor was responsible for the Rent Ordinance violations and, therefore, he should not be denied AGA’s or required to refund overcharges collected by his predecessor.  Case law, however, establishes that law and public policy support holding a successor landlord liable for violations committed by his or her predecessor.  For this reason, staff recommends that the decision of the hearing examiner be affirmed. 

6.    Action Items

a. From Board Members, Executive Director and Committees 

(1) Adoption of the 2009 Annual General Adjustment (AGA) Order, Regulation 1130.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(2) Proposal that the Board pass a resolution ratifying a new four year Memorandum Agreement with Service Employees International Union Local 1021 Community Services Chapter with the term of June 29, 2008 through June 23, 2012, as negotiated by the City.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(3) Proposal that the Board pass a resolution ratifying a new four year Memorandum Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters for the term June 29, 2008 through June 23, 2012, as negotiated by the City.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(4) Proposal that the Board pass a resolution ratifying the City’s cost of living adjustments for unrepresented employees in Units Z-2, Z-3, Z-4, Z-6 and X-1 for the period September 7, 2008 through June 23, 2012, which includes modification of the unrepresented employee retiree medical plan, a longevity pay differential of 3% at 25 years of service effective June 28, 2009, and the elimination of employee vacation buy back.    [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(5) Proposed amendments to the Condominium Conversion Ordinance.   [PDF file, requires Adobe Acrobat Reader] (Ad Hoc Committee on Condominium Conversion Ordinance)

7.    Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Final report providing a peer review and evaluation of the City of East Palo Alto Rent Stabilization Program by Berkeley Rent Stabilization Program staff.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(2) Notice of new method for calculating interest on tenant security deposits[PDF file, requires Adobe Acrobat Reader] (Executive Director)

(3) Update on proposed changes to the Condominium Conversion Ordinance.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(4) AB1333 Veto and work with EBMUD to mitigate impact on tenants in foreclosed buildings.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(5) Update on letters to tenants in buildings with pending foreclosure action.  (Executive Director)

(6) Information report on City’s compensation package for employees in Representation Unit Z-1, “At-will” unrepresented employees, for the period June 29, 2009 through June 23, 2012.  (Executive Director) (To be delivered)

(7) September 30, 2008, Daily Cal Housing News Article by Carol Yur titled After State Bill Veto, Tenants Face Possible Water Shut-Off.   [PDF file, requires Adobe Acrobat Reader] (Executive Director)

(8) October 3, 2008, Daily Cal Opinion Editorial by Senior Editorial Board titled Hung Out to Dry—Utility Policy Should Prevent Water shut-Off for East Bay Tenants Regardless Their Landlords’ Actions[PDF file, requires Adobe Acrobat Reader]  (Executive Director)

(9) October 6, 2008, Daily Cal Housing News Article by Carol Yur titled Foreclosure Crisis Hits Many Local Residents. [PDF file, requires Adobe Acrobat Reader]  (Executive Director)

(10) October 10, 2008, Daily Cal Housing News Article by Carol Yur titled Governor Cuts Program for Disadvantaged Renters[PDF file, requires Adobe Acrobat Reader]  (Executive Director)

(11) October 14, 2008, Daily Cal Opinion Editorial by Senior Editorial Board titled Unaffordable Cut. [PDF file, requires Adobe Acrobat Reader]  (Executive Director)

b.     Announcements of upcoming Committee/Board Meetings .

(1) Budget and Personnel

(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

a.  Agenda for October 13th meeting.

(8) Future Special Meetings

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

8.    Adjournment