Regular Meeting

 Monday, March 19, 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 - 6:30 PM Closed Session. 7:00 PM Regular Meeting 

2. Closed Session - 6:30 PM 

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government code.)

Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board, Alameda County Superior Court Number 831986-1

2. Approval of the Agenda

3. Public Forum

4. Approval of the Minutes

Minutes of the March 5, 2001 regular meeting.

5. Appeals - Time Certain - 7:30 PM 

Appeal in T-3798 -2620 Stuart Street, #4. Both the tenant and the landlord appealed the decision of the hearing examiner that held that the parties were bound by the rent ceilings previously determined for the subject unit in the decision on petition L-3532. On appeal, the landlord contends that the tenant did not file a timely rejection of a Tentative Decision that memorialized a settlement agreement of the parties. The landlord contends that the Tentative Decision became the Final Decision of the Rent Board and a subsequent decision should not have been issued. The tenant contends that the decision on petition L-3532 should never have been issued. Upon review, it is recommended that the hearing examiner decision be vacated and the decision based on the settlement agreement be reinstated. In the alternative, if the Board finds that there was a compelling reason to set aside the settlement agreement, a clerical error in the hearing examiner decision should be corrected and the decision otherwise affirmed.

6. Action Items 

a. From Committees

(1) Discussion and possible action with regard to the Board's budget for fiscal year 2001/2002. (Budget and Personnel)

(A) Discussion of reserves, number of units registered and fee implications. 
(B) Discussion of Status Quo Budget. (C) Discussion of New Work Items for fiscal year 2001/2002. 
(D) Upgrading the Telephone System: T-1 line versus fiber optic. Presentation by Nader Kury and Douglas Edwards from the City Department of Information Technology.

(2) Proposal that the Board adopt a resolution authorizing an increase in the total amount of the contract with Christine Minnehan and Associates for Fiscal Year 2000/2001 from $27,500 up to an amount not to exceed $29,500. (Budget and Personnel) (Resolution No. 01-05)

b. From Executive Director

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

Waiver No.         Location 
2578                     2229 Ward 
2579                     2210 Haste 
2580                     1521 Woolsey 
2582                     3052 Wheeler/2139 Prince 
2583                     1100 Ward 
2585                     2326 10th Street

(2) Semi-annual report on the monitoring of owner move-in (OMI) evictions as required under Section 13.76.130A.9(p) of the Rent Ordinance.

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