Regular Meeting

Monday, February 2, 2004
7 p.m.

2134 Martin Luther King Jr. Way
Council Chambers, Berkeley, CA.
Broadcast Live - KPFB - 89.3 FM
BTV Cable Channel 33


1. Roll Call - 6:15 p.m. Closed Session; 7 p.m. Regular Meeting

2. Closed Session - 6:15 p.m.

Item 1. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation

Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: one (1) potential case.

3. Approval of Agenda 

Please Note: The Board may rearrange items to accommodate time certain items.

4. Public Forum

5. Approval of the Minutes

Minutes of the January 15, 2004 regular meeting.

6. Special Order of Business

a. Election of new Commissioner to serve the remainder of Commissioner Siegel's unexpired term of office.

b. Oath of new Commissioner by City Clerk.

c. Election of Chairperson 

The Executive Director will conduct the annual election for the Board's Chair.

d. Election of Vice Chairperson(s) 

The Chairperson will conduct the annual election for the Board's Vice-Chair.

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

Appeal T-4336; 1333 Hopkins #3. This is an appeal of a hearing examiner decision that found that the landlord collected rent overcharges as a consequence of an error in the calculation of the lawful rent ceiling for the subject unit. Overcharges also occurred because there was a decrease in housing services and because there were habitability problems on the property. On appeal, the landlord claims the hearing examiner was biased against him, that the Rent Board was responsible for miscalculating the rent ceiling and, therefore, should refund the overcharges he collected, and that petitioners exaggerated the problems for which rent reductions were granted. A review of the record, however, establishes that the decision of the hearing examiner is supported by substantial evidence. A calculation error was made in determining the amount of interest owed on petitioners' security deposit. For this reason, the award of rent overcharges should be reduced by $160. The decision of the hearing examiner should otherwise be affirmed.

8. Action Items

a. From Executive Director

Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.     Property Address
3119                2570 Mabel Street/1239 Parker Street

Discretionary Waivers

3092                 2224 Derby Street 
3120                1236 Haskell

9. Information and Announcements

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

a. Reports and information from Board Members/staff.

(1) Berkeley Rental News, January 2004 Edition.  [PDF file, requires Adobe Acrobat Reader.]

(2) Market Medians: January 1999 through December 2003 [PDF file, requires Adobe Acrobat Reader.]

(3) 4th Quarter 2003 Statistics on the most frequently viewed websites in the City.

b. Committee meeting announcements and reports. (Committee meetings will be held at the Rent Board Offices located at 2001 Center Street, 2nd Floor, Law Library unless otherwise noted.)

(1) Budget/Personnel - Next meeting: Wednesday, February 11 at 6 p.m. 

(2) Outreach - Next meeting: Monday, February 23 at 6 p.m. 

(a) January 28, 2004 meeting agenda. No action taken. 

(3) Eviction 

(4) IRA/AGA - Tuesday, February 3 meeting cancelled. 

(5) 4x4

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

10. Adjournment