Regular Meeting

 Monday, September 20, 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. Approval of the Minutes

Minutes of the September 6, 2001 regular meeting.

5. Appeals - Time Certain - 7:30 PM

a. Appeal T-3878 - 2628 Regent Street, Apt. A. This is a landlord appeal of a hearing examiner decision on remand. The petition had been remanded to the hearing examiner to determine the overcharges that were incurred because the tenant had paid the water bill although water had been a housing service included in the base year rent and thus should have been paid by the landlord. On appeal, the landlord contends the petition is barred either by the doctrine of collateral estoppel or the doctrine of judicial estoppel. In the alternative, he claims that water was not a housing service included in the rent in 1980 or, if it was, that the water costs should be offset by a 15% Costa-Hawkins vacancy increase that was not taken when the unit was rented to petitioner in 1996. Staff recommends that the Board vacate the decision on remand and find that the petition is barred by either the doctrine of collateral estoppel or the doctrine of judicial estoppel.

b. Appeal T-3898 - 3024-A Dana Street. The landlord appeals the hearing examiner's award of rent overcharges for loss of storage space. Upon review, there is substantial evidence in the record to support the finding that storage was a base year housing service. Additionally, the landlord had the opportunity to present evidence at the hearing and cannot present new evidence on appeal to challenge the hearing examiner's calculation of the size of the storage space. For these reasons, staff recommends that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committees

(1) Second reading of proposal to adopt regulation 1015 that permits an Ellis Act Notice of Intent to Withdraw Accommodations from Rent or Lease to be rescinded and the constraints placed on the property pursuant to Berkeley Municipal Code Chapter 13.77 to be removed upon a showing that no vacancies occurred, or will occur, as a consequence of the Ellis filing or that there are exceptional circumstances that warrant removing the constraints. (Eviction.)

(2) Recommendation that the Board:

a. Contract with an agency to conduct a search for a new executive director of the Rent Board;

b. Authorize staff to request proposals from at least three agencies to conduct the search;

c. Delegate the Budget and Personnel Committee to review the proposals and choose and an agency to conduct the search;

d. Authorize the executive director to enter into the contract with the agency chosen by the Committee to conduct the search in an amount not to exceed $25,000. (Budget and Personnel.)

7. 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.

8. Adjournment