Regular Meeting

Monday, May 3, 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 - 7:00PM

2. Approval of the Agenda

3. Public Forum

4. Workshop and Action on the Fiscal Year 2004/2005 Budget:

a. Presentation of the Executive Director's proposed FY 2004/2005 Budget.

b. Public comments on the proposed budget.

c. Comments and questions from Board members.

d. Discussion and adoption of Resolution setting Fiscal Year 2005 budget guidelines and establishing the annual registration fee. (Executive Director and Budget & Personnel)

5. Approval of the MinutesMinutes of April 19, 2004 regular meeting.

6. Appeal - Time Certain - 8:00 p.m.

Appeal T-3997/T-4007; 2237 & 2239 Dwight Way. (Continued from April 8, 2004). This petition involves a master-tenant overcharging the rent to his subtenants. Following extensive hearings, the hearing examiner found that the master-tenant was solely responsible for the collection of rent in excess of the lawful rent ceiling. The master tenant and the property owner were found to be jointly liable for the overcharges collected because the property was allowed to deteriorate. The property owner, who sold the property during the proceedings, appealed the hearing examiner's decision claiming that, because the property had been sold, the Board lacked jurisdiction to order it to refund rent overcharges. Petitioners appealed the decision claiming that the master-tenant was the owner's agent and, therefore, the owner was jointly liable for all overcharges collected. Petitioners also claim that the rent refunds ordered by the hearing examiner did not fully compensate them for the impaired use of the premises caused by the lack of maintenance and repair. Following review of the record, staff recommends that the hearing examiner's decision be affirmed.

7. Action Items

a. From Committees and the Executive Director

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

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

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

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

Discretionary Waivers

Waiver No.       Property Address
3128                  2518 Etna Street 
3143                  2432 7th Street

8. Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Setting a Summer recess (Executive Director)

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

(3) Market Medians: January 1999 through March 2004 (Executive Director)

(4) FY 2004 ¾ -Year Budget Update (Executive Director)

(5) Poetry Slam on May 26, 2004. (Executive Director)

(6) Update on Council action on ZAB appeal allowing owner to reduce the number of units on a property (Executive Director)

(7) Earth Day 2004 (Executive Director)

(8) U.C. Berkeley Long Range Development Plan Public Hearings and Environmental Impact Report (Executive Director/City Manager)

b. Announcements of upcoming Committee Meetings

(1) Budget and Personnel: Next meeting: Monday, May 10th at 11 a.m. 

a. Unapproved minutes of April 26th meeting. 

(2) Outreach: Next meeting: TBA 

a. Unapproved minutes of April 14th meeting. 

(3) Eviction: Next meeting: Thursday, May 13th at 6 p.m. 

a. Unapproved minutes of April 19th meeting. 

(4) IRA/AGA: Next meeting: Monday, June 1st at 6 p.m. 

a. Unapproved minutes of April 20, 2004. 

(5) 4 x 4 Joint Committee on Housing 

a. Unapproved minutes of April 26th meeting.

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

9. Adjournment