Regular Meeting

 Monday, April 16, 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 April 2, 2001 regular meeting.

5. Appeals - Time Certain - 7:30 PM 

Appeal L-3614 - 1683-1689 Oxford Street. This is an appeal of a hearing examiner decision that found that the costs of a capital improvement rent adjustment that would have been granted for the installation of a new roof was offset by a vacancy rent adjustment taken on the property. On appeal, the landlord contends that the decision violates the Costa-Hawkins Rental Housing Act (Costa-Hawkins). Upon review, it is determined that the decision neither violates Costa-Hawkins nor denies the landlord a fair return on his investment. Therefore, it is recommended that the decision be affirmed.

6. Public Hearing on the Fiscal Year 2001/2002 Budget: Establishing Budget and Registration Fee - 8:00PM

a. Summary of past budgets, current program, history of registration fees, and Status Quo Budget: Executive Director. 

b. Public testimony of the budget and registration fee. 

c. Discussion and adoption of Resolution setting Fiscal Year 2001/2002 Budget and establishing the annual Registration Fee.

7. Action Items

a. From Committees

(1) Proposal to upgrade Hearing Examiner position to Senior Hearing Examiner position. (Budget and Personnel)

(2) First reading of proposal to amend Regulation 1201 to clarify that verified petitions or sworn declarations may substitute for the documentation necessary to establish eligibility for rent adjustments where the documentation is unavailable and to declare that it is the Board's policy that each party to a petition submit all supporting evidence as early as possible prior to the hearing on the petition. (IRA/AGA Committee)

(3) First reading of proposal to amend Regulation 1207 to clarify the grounds for which a petition will be deemed unacceptable. (IRA/AGA Committee)

b. From Executive Director

(1) First reading of proposal to amend Regulation 1310 to provide that, it is not a substantial violation of a material term of a rental agreement containing a covenant prohibiting sublease of assignment, for a tenant to permit his or her rental unit to be occupied by a subtenant provided: 

(1) the landlord has unreasonably withheld consent to the subtenancy; 
(2) the tenant remains an actual occupant of the rental unit; and 
(3) the number of tenants and subtenants actually occupying the rental unit does not exceed the base occupancy level as provided in Regulation 1270(A).

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

Waiver No.         Location 
2557                    1540 Julia Street
2566                    1308 Monterey Avenue 
2589                    2021 Emerson Street 
2590                    1525 Solano Avenue
2591                    1736 Stuart Street 
2592                    1738 Stuart Street 
2597                    1219 Peralta Street 
2599                    1120 Hearst Avenue
2601                    2041 Lincoln Street 
2609                    3030 Dohr Street 
2613                    1113 Cowper Street

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. Communications - These items are not on the agenda for action.

a. The Association of Public Sector Web Professionals General Meeting Announcement.

b. Networks Disaster Preparedness News - A Journal of Emergency Management Practices in California.

10. Adjournment