Regular Meeting

Monday, April 19, 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 - Regular Meeting: 7:00 p.m. Closed Session: At conclusion of regular agenda.

2. Approval of Agenda 

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

3. Public Forum

4. Approval of the Minutes

a. Minutes of the March 29, 2004 Special Board Meeting.

b. Minutes of the April 8, 2004 regular meeting.

5. Appeal - Time Certain - 7:15 p.m.  (Continued, no date set.)

Appeal T-4351 - 1675 Euclid Avenue, #6.  (Continued, no date set.)  The landlord and tenant appeal the hearing examiner's decision which awarded the tenant $1,048.41 in rent overcharges and unreimbursed repair costs. The landlord's appeal was filed after the time for filing an appeal had passed. Therefore, the Board lacks jurisdiction to consider the appeal. In her appeal, the tenant raised numerous claims of error. After review of the record, it is recommended that the hearing examiner decision be modified to grant additional relief because of a temporary decrease in building security, a temporary lack of adequate heat and an odor in the unit. Also, it is recommended that the landlord be held ineligible for the 2000 AGA for the month of January 2000. In all other respects, it is recommended that the decision of the hearing examiner be affirmed.

6. Action Items

a. From Committees and Executive Director

1. Referral by the 4x4 Committee to place a measure on the November 2004 ballot amending various sections of the Ordinance (4x4)

2. Proposed amendment to Regulation 1004, Provision of Certificate of Permissible Rent Level [PDF file, requires Adobe Acrobat Reader]. (IRA/AGA)

3. Proposed amendment to Regulation 1009, Basis for Redetermination of Permissible Rent Level [PDF file, requires Adobe Acrobat Reader]. (IRA/AGA)

4. Adopt a resolution modifying the Position Detail to add a Community Service Specialist I position. (Executive Director/Budget & Personnel)

5. Adopt a resolution authorizing the Executive Director to fill a temporary Staff Attorney I position for a period not to exceed six months. (Executive Director/Budget & Personnel)

6. Proposal to approve staff recommendations on the following request for waiver of late registration penalties. (Executive Director)

Ministerial Waivers

Waiver No.    Property Address
3114               3027 Fulton Street 
3132               3240 Adeline Street 

Discretionary Waivers

Waiver No.    Property Address
3133               1629 Stuart Street 
3138               2032 & 2034 Hearst Street 
3144               1929 Fairview Street
3145               1810 Euclid Avenue 
3146               1218 Haskell Street 
3147               1917 Delaware Street

7. Information and Announcements

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

a. Reports and information from Board Members/staff.

(1) Copy of April 16, 2004 letter to the Mayor and City Council requesting the Zoning Adjustments Board to examine the City's policy of allowing owners to reduce the number of rental units in a property. (Executive Director)

(2) Measure Y Tracking Report for the months of December 2000 through December 2003. (Executive Director)  To be distributed.  

(3) April Newsletter [PDF file, requires Adobe Acrobat Reader] and security deposit informational insert. (Executive Director)

(4) FY 2004 2/3-Year Budget Update (Executive Director)

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: April 26th at 11 a.m. 

(a) Unapproved minutes of April 13th meeting.

(2) Outreach 

(a) Unapproved minutes of April 14th meeting.

(3) Eviction 

(a) Agenda of April 19th meeting.

(4) IRA/AGA - Next meeting: Tuesday, April 20th at 6 p.m. 

(a) Agenda of April 20th meeting.

(5) 4 x 4 Joint Committee on Housing - Next meeting: Monday, April 26th at 6 p.m. at North Berkeley Senior Center, 1901 Hearst Avenue at MLK, Multipurpose Room. 

(a) Agenda of April 12th meeting.

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

8. Closed Session pursuant to Government Code section 54957 

Title: Executive Director.

9. Adjournment