Regular Meeting

 Monday, November 5, 2001
7 p.m.

2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Berkeley, CA
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 25


1. Roll Call - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Special Order of Business

Report from Rent Board Lobbyist, Christine Minnehan.

5. Approval of the Minutes 

Minutes of the October 15, 2001 regular meeting.

6. Appeals - Time Certain - 8:00 PM 

Appeal L-3594/T-3843 - 2223 San Pablo Avenue. This is an appeal of a hearing examiner decision that found that the landlord was in compliance with the terms of the parties' settlement agreement except that he had yet to install a fence to separate the parking area from the property's front yard. The only issue in compliance hearing is whether a party has complied with the terms and conditions of a prior Board decision, in this case, the parties' settlement agreement. With one exception, the tenants do not challenge the hearing examiner's finding of compliance but, instead, raise issues outside the terms of the agreement. The exception involves the disposal of items left in a common yard. This issue is not remedied by an adjustment of the rent ceiling. Because the Board may not review issues that were not before the hearing examiner and the only issue properly raised is best resolved by a civil court, staff recommends that the decision of the hearing examiner be affirmed.

7. Action Items

a. From Committees

(1) Report on Executive Director search. (Budget and Personnel Committee)

(2) First reading of proposal to adopt Regulation 1016 that creates a presumption that a tenant who vacates within one year of receiving a notice terminating the tenancy so the owner may move-in, vacates because of the notice. In such cases, the owner is not entitled to set a market rate rent when the unit is next rented. (Eviction Committee)

b. From Executive Director

(1) Report on Measure Y monitoring procedures.

(2) Proposal to approve staff recommendations on the following requests for waiver of late registration penalties.

Waiver No.    Location
2697              2610 Martin Luther King
                             Jr. Way
2707               1514 Walnut Street
2708               1437-39 Hearst Avenue
2709               2241 9th Street
2710               1907 Haste Street
2711               1635 Josephine Street
2712               1633 Derby Street
2718               1722 Derby Street
2720               1212 Neilson Street
2721               1949 Martin Luther King
                           Jr. Way
2727               1635 63rd Street
2729               1505 Tyler Street
2733               2926 Stanton Street
2737               1508-10 Hopkins Street
2738               2336 Curtis Street
2745               1201 Dwight Way

*Continued from October 15, 2001 regular Board meeting.

8. Announcements

a. Reports from Board Members/Staff.

b. Announcements of upcoming Committee Meetings:

(1) Budget/Personnel
(2) Community Education and Outreach
(3) Eviction
(4) Individual Rent Adjustment/Annual General Adjustment
(5) Student Outreach and Internship
(6) 3x3 City Council/RSB Housing Committee

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

9. Adjournment