Regular Meeting

Monday, December 15, 2003
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 Agenda 

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

3. Closed Session - 6:30 p.m.

CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Subdivision (a) of Section 54956.9 of the Government Code)

King v. City of Berkeley Rent Stabilization Board (Dai)
Alameda County Superior Court No. 2001-035396

4. Public Forum

5. Approval of the Minutes

Minutes of the December 1, 2003 regular meeting.

6. Special Order of Business

a. Election of Chairperson

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

b. Election of Vice Chairperson(s)

The newly elected Chair will conduct the annual election of the Board's Vice Chair.

c. Resolution to be presented to Commissioner Matthew Siegel on behalf of the Rent Stabilization Board in appreciation of his three years of service as a Berkeley Rent Board Commissioner.

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

Appeal T-4321; 1615 Fairview Street, #2. The landlord appeals the hearing examiner's decision that held that he was not entitled to withhold $600 from petitioner's security deposit as rent owed for an additional occupant in the unit. A review of the record reveals that, although the lease provided for a $100 rent increase if there was a second occupant in the unit, the landlord never petitioned the Board for a rent increase or served a notice of rent increase on the tenant. Therefore, the initial rent established by the parties at the commencement of the tenancy never increased. Since no additional rent was due, the landlord had not grounds for retaining the $600. For this reason, it is recommended that the hearing examiner decision be affirmed.

8. Action Items

a. From Board Members, Committees and Executive Director

(1) Proposal to approve 2004 Calendar Year Rent Stabilization Board meeting schedule. (Executive Director) (Continued from December 1, 2003 regular meeting.)

(2) Recommendation to adopt a resolution modifying the Position Detail to delete the Assistant Management Analyst position in the Public Information Unit that was recently vacated through retirement. (Executive Director)

(3) Establishing a process for selecting a replacement to fill the seat being vacated by Commissioner Siegel.

a. Recommendation from the Ad Hoc Subcommittee 

b. Supplemental recommendation from Commissioner Evans

(4) Recommendation that when the Board adjourns this meeting that it does so in honor and in memory of Father Bill O'Donnell who passed away on December 8, 2003. (Commissioner Evans)

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

Administrative Waiver

Wavier No.   Property Address
3081              1238 Haskell

Ministerial Waivers

Waiver No.   Property Address
3070              2311 McGee Avenue 
3080              1744 Addison Street

Discretionary Waivers

Waiver No.   Property Address
3012              1423 Martin Luther King Jr. Way 
3090              1520 Woolsey Street 
3094              1828 - 62nd Street 
3096              2138 Kittredge Street 
3077              2030 Essex Street (continued from December 1, 2003 meeting)

8. Information and Announcements

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

a. Reports and information from Board Members/staff.

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) Agenda of December 11, 2003 meeting.

(b) Minutes of December 11, 2003 meeting. 

(5) 3 x 3 

(6) Ad Hoc Commissioner Selection Process 

(a) Agenda of December 8, 2003 meeting. 

(b) Minutes of December 8, 2003 meeting.

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

9. Adjournment