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Rent Stabilization Board
Rent Stabilization Board

Regular Meeting

Monday, August 20, 2007
7 p.m.
Maudelle Shirek Building
2134 Martin Luther King Jr. Way
City Council Chambers, Second Floor
Berkeley, CA
Broadcast Live - KPFB - 89.3 (N. Berkeley)
BTV Cable Channel 33

Webcast Video Archive


1.     Roll Call -  Closed session: 6:30 p.m. Regular meeting: 7:00 p.m. 

2.     Closed Session - 6:30 p.m. 
                    CONFERENCE WITH  LEGAL COUNSEL - Existing Litigation 
                    (Subdivision (a) of Section 54956.9 of the Government Code)

                    Wahl v. City of Berkeley Rent Stabilization Board (Smoker) 
                    Superior Court No. RG 06 279232

3.     Approval of Agenda 

4.     Public Forum 

5.     Approval of the July 12, 2007 special meeting minutes .

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

Appeal T-4807, 2729 Dwight Way, Unit 402. Tenants appeal portions of a hearing examiner's decision that granted rent reductions for habitability violations. In their appeal, the tenants claim that the hearing examiner committed legal errors by: (1) not ruling that they are entitled to four parking spaces as part of their rent, (2) not holding the landlord responsible for rent ceiling violations committed by the prior master tenant, (3) miscalculating the rent decrease for defective heating, (4) not granting a rent decease for the lack of an on-site resident manager, (5) not reducing the rent for illegal internal walls created by the former master tenant, (6) miscalculating the rent reductions by not considering reductions in services and an alleged fraud committed by the landlord's former manager and the former master tenant, and (7) not taking into account the landlord's alleged statutory violations and unlawful eviction attempts. Staff recommends that the hearing examiner's decision be modified to make the rent decrease for lack of heat effective as of October 13, 2005, instead of December 1, 2005, but that in all other respects the decision be affirmed.

7.     Action Items

a.     From Executive Director and Board Chair.

(1) Reestablishment of Ad Hoc Committee on Condominium Conversion Ordinance. (Chair)

(2) Resolution authorizing the Executive Director to transfer an amount not to exceed $20,000 to the City of Berkeley, Information Technology Department for the purchase of a new telephone system.  (Executive Director) (To be distributed)

8.      Information and Announcements

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

a.     Reports from Board Members/Staff.

                    (1) Acknowledgement of Steve Barton's accomplishments. (Board Chair and Executive Director)

                    (2) Two amendments to Condo Conversion Ordinance adopted by City Council on July 17, 2007. (Executive Director)

                    (3) Staff participation at San Pablo Centennial Park 100 year celebration on August 25.  (Executive Director)

                    Invitation to Executive Director, Boardmembers, staff and community from the office of Councilmember Darryl Moore:

The City of Berkeley is celebrating the centennial of San Pablo Park!

Please join the San Pablo Park Community and the City of Berkeley for an incredible event celebrating the richness and diversity of the City's oldest park. On August 25th, the 100 year-old San Pablo Park will be honored and celebrated with live entertainment, food and activities for youth and adults. Highlights of the day include a knock-out performance by Pete Escovedo, an array of food vendors, and presentation of the much anticipated community mural and plaque reflecting an oral history of neighborhood leaders by renowned Berkeley artist/historian, Donna Graves. Please join us for this momentous event.

                                      What: The City of Berkeley's San Pablo Park Centennial Celebration
                                      Where: San Pablo Park, 2800 Park Street between Russell and Ward Streets
                                      When: 11AM-6PM Saturday, August 25th, 2007

(4)     Staff participation at Solano Stroll on September 9. (Executive Director)

                    (5)     Staff participation at How Berkeley Can You Be on September 30. (Executive Director)

                    (6)     Communication from property owner Lihua Sun praising Rent Board services and website.

          b. Announcements of upcoming Committee/Board Meetings

                     (1)      Budget and Personnel 
                                       a. Minutes of July 9 meeting. 
                    (2)        Outreach 
                    (3)        IRA/AGA/Habitability 

                                        a. Minutes of August 6 meeting. 
                                        b. Minutes of August 13 meeting. 

                    (4)         Eviction/Section 8 

                    (5)         4x4 City Council/RSB Housing Committee 

                    (6)         Ad Hoc Committee on Soft Story 

                    (7)         Future Special Meetings

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

9.     Adjournment

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