Regular Meeting

Tuesday, January 22, 2008
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

Webcast Video Archive 


1. Roll Call - 7:00 p.m. 

2. Approval of Agenda

3. Special Order of Business

a. Election of Chairperson: Executive Director conducts election for Chair.

b. Election of Vice Chairperson: Newly elected Chair conducts election for Vice-Chair.

c. Comments by new Chair and Vice-Chair.

4. Public Forum

5. Approval of the November 19, 2007 Board Meeting minutes .

6. Appeal Time Certain - 7:15 p.m.

Appeal D-16; 1911 MLK, Jr. Way, #5. This is a landlord appeal of a hearing examiner decision that the landlord failed to prove that the subject rental unit was not the tenant's primary residence. Appellant Wahl originally filed the petition in October 2005. The petition was denied on the basis that the landlord failed to establish that the subject unit is not tenant's principal residence. Mr. Wahl filed an appeal, and the hearing examiner's decision was affirmed. Mr. Wahl then filed a Petition for Writ of Mandate in Superior Court, and the judge remanded the case to the Rent Board with instructions to determine whether the tenant met her burden of proving that the unit is her usual place of return and not a secondary residence. Hearing Examiner's Decision on Remand found that the tenant had met her burden of proving that the subject residence was her usual place of return. On appeal, the landlord argues that the hearing examiner misapplied the evidence presented by tenant in support of her case. A review of the evidence presented by both landlord and tenant in the instant case supports the hearing examiner's finding that the tenant presented sufficient evidence to meet her burden of proving that the subject unit is her primary residence. Accordingly, the hearing examiner's decision should be affirmed.

7. Action Items

a. From Board Members, Executive Director and Committees

(1) Recognition of Service Employees International Union Local 1021. (Executive Director)

(2) Approval of the Board meeting schedule for 2008. (Executive Director)

(3) Authorizing the Executive Director to spend up to $10,000 from the AEPhi Lawsuit settlement for the purpose of having a report prepared analyzing possible changes to the Condominium Conversion Ordinance for the purpose of providing incentives for low-income tenants to purchase their units. (Executive Director) (To be delivered.)

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

90-Day Administrative Waivers (Informational Only)

The Board will be presented the list of 120 properties totaling $117,486 in penalties that have been administratively waived in accordance with Regulation 883.

Ministerial Waivers

Waiver No.     Property Address
3525                1522-1528 University Avenue 
3533                2151 Ashby Avenue 
3535                2036 Vine Street

Discretionary Waivers

Waiver No.     Property Address
3510                2604 Fulton Street 
3528                3028 College Avenue 
3529                2607 Ellsworth Street 
3530                1821 Acton Street 
3531                2009 McGee Avenue 
3534                2805 Ellsworth Street

8. Information and Announcements

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

a. Reports and announcements from Board Members/Staff.

(1) Update on proposed changes to the Ellis Implementation Ordinance. (Executive Director)

(2) Update on proposed changes to the Condominium Conversion Ordinance. (Ad Hoc Committee on Condo Conversion Ordinance)

(3) Update on new phone system. (Executive Director)

(4) Update on Landlord/Tenant counseling in the library. (Executive Director).

(5) Report on Market Medians: January 1999 through December 2007 (Executive Director)

(6) City of Berkeley 2008 Holiday and Reduced Service Days Schedule. (Executive Director)

(7) Participation in Berkeley Smokefree Multi-Unit Housing Advisory Group. (Executive Director)

(8) January 18, 2008, Daily Planet commentary by Randy Shaw: Zoning Board Must Protect Rent-Controlled Housing. (Executive Director)

(9) January 18, 2008, SF Chronicle business article: Bay Area Rents jump by 9.4% in last year. (Executive Director)

(10) October 2007, California Budget Project publication on Making Ends Meet: How Much Does it Cost to Raise a Family in California? (Executive Director)

(11) January 2, 2008, East Bay Express article: The Forgotten Victims Tenants of foreclosed properties can face intimidation, bribes, and jacked-up rent to force relocation. (Executive Director)

(12) November 1, 2007, Beyond Chron article by Randy Shaw: Opposition Grows to June Initiative Banning Rent Control. (Executive Director)

(13) City of Berkeley new website launch. (Executive Director)

b. Announcements of upcoming Committee/Board Meetings

(1) Budget and Personnel 

(2) Outreach 

(3) IRA/AGA/Habitability - Next meeting Monday, January 28th at 4PM. 

a. Approved minutes of September 24th meeting. 

b. Approved minutes of December 3rd meeting. 

c. Approved minutes of December 10th meeting 

d. Unapproved minutes of January 14th meeting. 

(4) Eviction/Section 8 

(5) Ad Hoc Committee on Condominium Conversion Ordinance 

(6) 4x4 City Council/RSB Housing Committee 

(7) Ad Hoc Committee of Soft Story 

(8) Future Special Meetings

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

9. Adjournment