Regular Meeting

Monday, June 29, 2009
7 p.m.
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Berkeley, CA
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 33

Video Archive
(2hrs 23mins)

Teleconference location – 1550 E. Flamingo Road, Room No. 240, Las Vegas, NV.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Jay Kelekian, Executive Director and Secretary to the Board, 981-7368.


1. Roll Call.  - 7:00 PM

2. Approval of agenda.

3. Public Forum

4. Approval of June 29, special meeting minutes .

5. Appeal Time Certain – 7:15 p.m.

a.  Appeal T-5008 – 2007 Prince Street, #D   This is a landlord’s appeal of a hearing examiner decision ordering her to refund to her tenants the portion of their security deposit that she withheld when the tenants vacated the rental unit.  The landlord also appeals the finding that she was required to refund interest on the security deposit at the rate set forth in the Rent Ordinance rather than at the rate she alleges to have received from her bank.  Upon review, legal staff finds no basis for modifying the decision of the hearing examiner.

6.   Special presentation by Christine Minnehan, Board lobbyist, on legislation update.

7.   Action Items

a. From Board Members, Executive Director and Committees 

(1) Second reading of the revision to Regulation 883 concerning administrative penalty waivers.    (Executive Director)

(2) Recommendation to adopt a resolution authorizing the Executive Director to increase the Rent Board’s Fiscal Year 2009/2010 contract with Christine Minnehan & Associates by $2,000 to cover travel and associated expenses, changing the not to exceed annual amount to $47,000.  (Executive Director)

(3) Change in staffing model in reference to RTS upgrades.  (Budget and Personnel Committee)  (To be delivered)

(4) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)

Ministerial Waivers

Waiver No.    Property Address
3569                3336 King
3762                1428 MLK Jr. Way
3764                1312 Alcatraz Avenue
3765                1622 Parker Street
3768                2224 Ward Street 
3772                1530 University Avenue
3778                752 Contra Costa Avenue

Discretionary Waivers

Waiver No.     Property Address    
*3751               2722 Durant Avenue    
3766                1312 Carleton Street
3767                1344 Hearst Avenue
3769                2479   Virginia Street
3770                2351 Cedar Street
3771                2369 Hilgard Avenue
3774                2243 Ashby Avenue

* Continued from June 29, 2009 special meeting.

8.    Information and Announcements

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

a. Reports from Board Members/Staff.

(1) June 25, 2009 memo from the Executive Director to the Zoning Adjustment Board titled Whether Rental Units at 3240 Sacramento are “Controlled Rental Units.” (Executive Director)

(2) July 14, 2009 communication from Jane Fink titled “The Question of Rent Increases During These Times.” (Executive Director)

(3) June 27, 2009 Inside Bay Area article by Kristin Bender of the Oakland Tribune titled Berkeley woman marks 30 years as executive director of an agency where she was once a client. (Executive Director)

(4) June 29, 2009 Contra Costa Times article titled “Renter affordability worsens over decade.” (Executive Director)

(5) June 26, 2009 Washington Independent article by Martha C. White titled “Renters Hit by Foreclosure Crisis Too.” (Executive Director)

 b.   Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel

a.  June 18, 2009 approved minutes.  

b.  July 9, 2009 agenda/cancellation and notice of rescheduling.

c.  July 10, 2009 meeting agenda.

(2) Outreach

a.   June 12, 2009 approved minutes.

b.  June 26, 2009 meeting agenda.

(3) IRA/AGA and Habitability

a.  June 22, 2009 meeting agenda.  (No quorum)

(4) Eviction/Section 8/Foreclosures

(5) 4x4 City Council/RSB Housing Committee

(6) Safe and Sustainable Housing

(7) Ad Hoc Committee on Waiver Process

(8) Future Special Meeting

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

9.   Adjournment