Regular Meeting

Monday, October 18, 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 - 7:00 p.m.

2. Approval of the Agenda

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

3. Public Hearing on the Year 2005 Annual General Adjustment (AGA) and the Final AGA Report [PDF file requires Adobe Acrobat Reader]. - 7:05PM 

a. Staff presentation and update [PDF file requires Adobe Acrobat Reader]. (Executive Director) 

b. Testimony from members of public. 

c. Recommendation from IRA/AGA Committee. 

d. Comments from Board Members, questions to staff and consultant. 

e. Adoption of the Year 2005 AGA Order, Regulation 1126.

4. Public Forum

5. Approval of the Minutes

Minutes of the October 4, 2004 regular meeting.

6. Special Order of Business

Resolution in appreciation of Thomas Brougham's nearly sixteen years of outstanding service as an employee with the Rent Stabilization Board.

7. Appeal - Time Certain - 7:30 p.m.

a. Appeal T-4391; 3380 Adeline Street, #1. This is a tenant appeal of a hearing examiner decision that held that the landlord was entitled to retain a portion of the tenant's security deposit to cover unpaid rent. The tenant was hospitalized mid-month and his belongings were removed from the unit by the end of the month. The hearing examiner found that the tenant was required to give 30-days notice that he was vacating the unit and, therefore, owed rent for one-half of the following month. However, under Civil Code section 1934, the tenant's tenancy terminated at month's end because of his incapacity to contract. Thus, no additional rent was owed. For this reason, it is recommended that the hearing examiner decision be modified to order the refund of the tenant's entire security deposit.

b. Appeal T-4535; 1504 Bonita Avenue, A. (Dismissed at request of Appellant.)

8. Action Items

a. From Executive Director, Board Members and Committees

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

90-Day Administrative Waivers (Informational Only)

The Board will be presented the list of 282 properties totaling $145,096 in penalties that have been administratively waived in accordance with Regulation 883.

Ministerial Waivers

Waiver No.      Property Address
3158                 2225 8th Street

(2) Recommendation that the Board adopt a Resolution to modify Resolution 04-03 authorizing the Executive Director to extend the Temporary Benefited Staff Attorney I position for an additional six-month period or until a permanent full time career Staff Attorney I is selected off a valid civil service list.

(3) Recommendation that the Board adopt a Resolution to modify Resolution 04-12 authorizing the Executive Director to increase the 04/05 Purchase Order with Volt Temporary Agency Services in an amount not to exceed $25,000.

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) Ellis Implementation Ordinance update. (Executive Director)

(2) Fall newsletter. (Executive Director)

(3) Recent and upcoming Rent Board events. (Executive Director)

a. RLA training 

b. Upcoming workshops 

c. Spice of Life Festival

(4) Changes in Public Information and Registration Units.

(5) Lawful Rent Ceiling mailing to property owners.

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

(2) Outreach

(3) Eviction

(4) IRA/AGA 

(a) Unapproved minutes of October 12th meeting.

(5) 4 x 4

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

10. Session pursuant to Government Code section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS: Commissioners Chong, Hogarth, Payne and Walden.

Unrepresented Employee: Executive Director

11. Adjournment