Regular Meeting

Monday, March 3, 2003
7 p.m.

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


1. Roll Call - 7:00 p.m.

2. Closed Session - 6:30 p.m.

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

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

3. Approval of Agenda 

Please Note: The Board may rearrange items to accommodate time certain items.

4. Public Forum

5. Approval of the Minutes

Minutes of the February 20, 2003 regular meeting.

6. Appeals - Time Certain - 7:30 p.m.

a. Appeal T-3765, et al. - 2223 and 2227 Bonar Street. The tenants appeal a hearing examiner decision which held that the landlord had come into compliance with the Board's decision on this matter. On appeal, the tenants claim the proper protocol was not followed in holding the compliance hearing and weighing the evidence. The tenants claim that the decision is not supported by the evidence and ask that the matter be remanded for an additional hearing. Upon review, staff recommends that the decision be affirmed.

7. Action Items

a. From Committees

(1) Recommendation to the Board not to fill the vacant Chief Counsel position at this time and to sunset the use of Acting Chief Counsel position effective March 9, 2003; that the Board retain the two current Staff Attorney III positions who shall serve under the direction of the Executive Director; and that $50,000 be set aside in next fiscal year budget to cover any outside legal counsel needs. (Budget/Personnel)

b. From Executive Director

(1) Proposal to approve staff recommendation on the following request for waiver of late registration penalties.

Waiver No.     Location
2934                1548 Tyler Street
2938                2703 Stuart Street
2939                3024 Dana Street
2945                2766 Sacramento Street 
2956                2037 Vine Street
2958                1648 Julia Street
2959                2304 10th Street
2976                1820 Virginia Gardens

8. Information and Announcements

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

a. Reports and information from Board Members/staff.

(1) Poetry Slam. (Executive Director and Commissioners)

(2) Status of Commissioners' work area with computer access at the Rent Board offices. (Executive Director)

(3) Berkeley Property Owners Association (BPOA) v. Berkeley Rent Stabilization Board settlement. (Executive Director)

b. Committee meeting announcements and reports. (Committee meetings will be held at the Rent Board Offices located at 2001 Center Street, 2nd Floor, Law Library unless otherwise noted.)

(1) Budget/Personnel 

a) Agenda and unapproved minutes of February 18 meeting. 

b) Next meeting: Thursday, March 20 at 5:30 p.m.

(2) Combined Student and Community Outreach 

a) Agenda and unapproved minutes of February 24 meeting. 

b) Next meeting: Tuesday, March 18 at 7 p.m.

(3) Eviction 

a) Agenda and unapproved minutes of February 19 meeting. 

b) Next two meetings: Wednesday, March 12 at 6 p.m. and Wednesday, March 26 at 6 p.m.

(4) IRA/AGA 

a) Agenda and unapproved minutes of February 13 meeting. 

b) Next meeting: Wednesday, March 19 at 5:30 p.m.

(5) 3x3

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

9. Adjournment