Regular Meeting

Monday, September 18, 2006
7 p.m.

2134 Martin Luther King Jr. Way
City Council Chambers
Berkeley, CA

Broadcast Live - KPFB - 89.3 (N. Berkeley) 
BTV Cable Channel 33

Webcast Video Archive


1. Roll Call - 7:00 PM 

2. Approval of Agenda 

3. Public Forum 

4. Approval of the July 17, 2006 regular meeting minutes

5. Appeal Hearings - 7:15 Time Certain

a. D-19 - 1810 Euclid Avenue, #19. This is a landlord's appeal of a finding that he failed to prove that the subject unit was not the tenant's principal residence. On appeal, the landlord claims that the hearing examiner abused her discretion in denying his petition, that the decision is not supported by substantial evidence, that documents were admitted into evidence after the record closed and that the tenant had ex parte communications with the hearing examiner. Upon review, staff recommends that the decision of the hearing examiner be affirmed.

b. T-4731 - 1816 Parker Street. This is a landlord appeal of a hearing examiner decision that found that a contemporaneously completed Initial Registration Statement was the best evidence of a unit's status on May 31, 1980. On appeal, the landlord claims that the unit was occupied rent-free from 1980 through 1996 and, therefore, she was entitled to set a market-rate rent when she rented the unit in 1996. Staff recommends that the Board defer to the hearing examiner and affirm the decision.

6. Action Items

a. From Board Members, Executive Director and Committees

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

Ministerial Waivers

Waiver No.      Property Address 
3365                 2206 MLK Jr. Way 
3372                 3217 Adeline Street 
3375                 1814 Sacramento Street

Discretionary Waivers

Waiver No.      Property Address
3368                 2220 Haste Street 
3370                 1640 Julia Street 
3373                 2740 College Avenue 
3374                 1520 Woolsey Street 
3376                 2009-2013 Vine Street 
3377                 2123 - 9th Street 
3378                 1940/1942 Francisco Street 
3379                 1901/1905 Parker St./2543 MLK Jr. Way 
3380                 2455 Prospect Street 
3381                 2412 Piedmont Avenue

7. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Council item on establishing a policy governing reimbursement of expenses by City boards and commissions as required under AB1234.  [Supplemental report in response to Council questions.] [Link to City Council 7/25/2006 Agenda Item, PDF file requires Adobe Acrobat Reader] (Executive Director)

(2) Council item from Councilmembers Anderson and Worthington prohibiting the conversion of rental units to condominiums for five years for specific terminations of tenancy and requiring notice to tenants regarding their rights before a request for allocation is filed with the City[Link to City Council 7/25/2006 Agenda Item, PDF file requires Adobe Acrobat Reader] (Executive Director)

(3) Report on resolution endorsing California Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006[Link to City Council 9/19/2006 Agenda Item, PDF file requires Adobe Acrobat Reader] (Executive Director)

(4) Market Median Report from January 1999 through 2006[PDF file requires Adobe Acrobat Reader] (Executive Director)

(5) Tenants Rights Week. (Outreach Committee and Executive Director)

(6) Update on statewide legislation. (Executive Director)

(7) Recommendation to the Housing Advisory Commission to modify the Affordable Housing Mitigation Fee of the Condominium Conversion Ordinance. (Executive Director)

(8) Analysis and ballot arguments for Measure E, Rent Stabilization Board Vacancy and Measure I, Condominium Conversion Ordinance Amendment. (Executive Director)

(9) Solano Stroll participation on September 10, and How Berkeley Can You Be this weekend. (Executive Director)

(10) Changes to PIU lobby counter. (Executive Director)

b. Announcements of upcoming Committee/Board Meetings. 

(1) Budget and Personnel 

(2) Outreach 

(3) IRA/AGA 

(4) Eviction 

(5) 4x4 City Council/RSB Housing Committee 

(6) Ad Hoc Committee on Condominium Conversion Ordinance 

(7) Future Special Meetings

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

8 Adjournment