RENT STABILIZATION BOARD
Regular Meeting

Monday, May 24, 2010
7:00 p.m.

Maudelle Shirek Building
2134 Martin Luther King Jr. Way
Council Chambers, Second Floor
Broadcast Live – KPFB – 89.3
(N. Berkeley) and BTV Cable Channel 33

Video Archive
(2 hrs, 16 mins)

AGENDA

Teleconference location:  3600 Paradise Road, Las Vegas, NV 89169

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Jay Kelekian, Executive Director and Secretary to the Board, (510) 981-7368.


Many of the links below lead to PDF files that require Adobe Acrobat Reader to be installed on your PC.  If you do not have Adobe Acrobat Reader installed on your PC download Acrobat Reader for free.   GetAdobeLogo 

If you are unable to access this information online, please participate by contacting us via e-mail at rent@ci.berkeley.ca.us, telephone (510) 981-7368 (981-RENT), or TDD (510) 981-6903. 


1. Roll Call  - 7 PM

2. Approval of Agenda

3. Public Forum

4. Approval of April 19, 2010 Board Meeting minutes .

5. Introduction of newly- appointed Commissioner Katherine Harr by Chair Stephens.

6. Appeal Time Certain – 7:15 p.m.

T- 5057  (2441 Haste Street, Unit 32). This is an appeal by a tenant of a hearing examiner decision that awarded the tenant a rent refund for a malfunctioning toilet but did not award any damages for the numerous other alleged violations the tenant identified in her petition (24 total alleged violations in the petition).  On appeal, the tenant claims that the hearing examiner allowed the hearing to occur in a hostile environment and that the hearing examiner did not grant enough of a rent reduction for the various alleged violations.  Tenant also includes a report with the appeal identifying mold in the unit that was not submitted as part of the original record reviewed by the hearing examiner.  Staff recommends that this piece of evidence not be considered when reviewing the case, since it was not a part of the record when the hearing examiner issued a decision.  Upon review of the record, it does not appear that the hearing was conducted in a hostile environment, but there is evidence that the hearing examiner erred in not granting more of a rent reduction for the substantial deterioration that the tenant proved existed.  For these reasons, staff recommends that the decision of the hearing examiner be revised to allow for an increase in the award granted the tenant.

7.  Action Items

a. From Board Members, Executive Director and Committees

(1) Recommendation to adopt a resolution authorizing the Executive Director to modify the contract with Berkeley Community Media by extending the term through June 30, 2011 and increasing the contract by an amount not to exceed $19,000 for Fiscal Year 2010/2011. (Executive Director and Budget and Personnel Committee)

(2) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with KPFA to continue live broadcasts of all regularly-scheduled and periodic special Rent Board meetings in the 2010/2011 Fiscal Year in an amount not to exceed $2,100.  (Executive Director and Budget and Personnel Committee)

(3) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Teri Darrenougue for captioning services of televised Board meetings for Fiscal Year 2010/2011 in an amount not to exceed $12,000.  (Executive Director and Budget and Personnel Committee)

(4) Recommendation to adopt a resolution to modify Contract Number 2453 with Quartet Systems, Inc. for database maintenance by extending the term through June 30, 2011.  (Executive Director and Budget and Personnel Committee)

(5) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Berkeley Unified School District for use of the Council Chambers in the Maudelle Shirek Building for all regularly-scheduled and periodic special Rent Board meetings in the 2010/2011 Fiscal Year in an amount not to exceed $2,000. (Executive Director and Budget and Personnel Committee)

(6) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Inkworks Progressive Printing for the 2010/2011 Fiscal Year in an amount not to exceed $25,000 for publication of notices, outreach and educational materials.  (Executive Director and Budget and Personnel Committee)

(7) Recommendation to adopt resolutions authorizing the Executive Director to execute contracts with the East Bay Community Law Center (EBCLC) and Eviction Defense Center (EDC) in the 2010/2011 Fiscal Year in an amount not to exceed $112,000 for each agency. (Executive Director and Budget and Personnel Committee)
    
(8) Recommendation to adopt a resolution authorizing the Executive Director to execute a contract with Christine Minnehan & Associates for legislative advocacy, in the 2010/2011 Fiscal Year in an amount not to exceed $45,000 plus $1,000 for reimbursement of out-of- pocket travel expenses when on Board business. (Executive Director and Budget and Personnel Committee)

(9) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with the Berkeley Food and Housing Program (BFHP) for the 2010/2011 Fiscal Year.

(10) Discussion and possible action concerning Measure “C” – Berkeley Pools Bond (Commissioners Drake and Blake)

(11) Possible communication to city Council regarding Soft Story Ordinance signage and enforcement.  (Safe & Sustainable Committee)

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

Ministerial Waivers

Waiver No.     Property Address
3826*               1515 Prince Street, Unit B
3827*               1522 Woolsey Street
3831*               1211 Ashby Avenue
3838*               2326 McKinley Avenue    
3839*               1039 Channing Way 
3840*               938 Camelia Street
3841*               1835 Prince Street 
3843*               1723-25 – 10th Street
3821                 2428 – 8th Street, Unit D

Discretionary Waivers

Waiver No.     Property Address
3809*               1300 Monterey Avenue
3822*               154 Avenida Drive
3832*               2822 San Pablo Avenue
3846*               2814 Martin Luther King Jr. Way
3805                2682 Sacramento Street
3808                2243 Ashby Avenue
3819                2075A Emerson Street
3851                1318 Carrison Street
3852                2320 – 9th Street

*Continued from the April 19th meeting.

8.  Information and Announcements

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

a.     Reports from Board Members/Staff.

(1) Market Median report for January 1999 through March 2010. (Executive Director)

(2) Board Committee assignment update. (Chair Stephens)

(3) Deputy Director search update.  (Executive Director)

(4) Ideas for improving the Rental Housing Safety Program. (Commissioner Chong)

(5) Research Reports now available on our Web site. (Executive Director)

(6) Spring Newsletter – Expanded Edition (Executive Director)

b.   Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel

a.Agenda for May 21st meeting.

(2) Outreach

a. Approved March 12, 2010 meeting minutes.

b. May 7, 2010 meeting agenda.

(3) IRA/AGA and Habitability

a. Approved April 15, 2010 meeting minutes.

b. Agenda for May 20th meeting.

(4) Eviction/Section 8

(5)  Safe & Sustainable 

a. Agenda for May 24th meeting.

(6)  4 x 4 City Council/RSB Housing Committee

(7)   Ad Hoc Committee on Waiver Process

(8)  Future Special Meetings

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

9.   Adjournment     

NOTE:   ATTENDEES AT PUBLIC MEETINGS ARE REMINDED THAT OTHER ATTENDEES MAY BE SENSITIVE TO VARIOUS ODORS, WHETHER NATURAL OR MANUFACTURED, IN PRODUCTS AND MATERIALS.  PLEASE HELP THE CITY RESPECT THESE NEEDS.