RENT STABILIZATION BOARD
Regular Meeting

Thursday, February 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

AGENDA

1. Roll Call - 6:00 p.m. Closed Session; 7 p.m. Regular Meeting

2. Closed Session - 6:00 p.m.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code)

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

(b) Other cases for discussion:

Ward v. City of Berkeley Rent Stabilization Board (Urge)
Superior Court No. 816835-5

Berkeley Property Owners Association v. City of Berkeley Rent Stabilization Board
Superior Court No. 831986-1

Zaidi v. City of Berkeley Rent Stabilization Board (McGuinness)
Superior Court No. 841319-8

Dezerega v. City of Berkeley Rent Stabilization Board (Meggs)
Superior Court No. 2001-032280; Court of Appeals Nos. A100583, A100054

Hanerfeld v. City of Berkeley Rent Stabilization Board
Superior Court No. 2001-029283

James v. City of Berkeley Rent Stabilization Board (Estrada)
Superior Court No. 2002-043234

James v. City of Berkeley Rent Stabilization Board  (Segoviano) 
Superior Court No. 2002-048040

Manazadani v. City of Berkeley Rent Stabilization Board
Superior Court No. 2002-2054558

Mutnick v. City of Berkeley Rent Stabilization Board
Superior Court No. 2002-063704

Valiyee v. City of Berkeley Rent Stabilization Board
Superior Court No. 2002-070999

Ong v. City of Berkeley Rent Stabilization Board (Darksmith)
Superior Court No. 2002-072014

Hanerfeld v. City of Berkeley Rent Stabilization Board (Ziaeian)
Superior Court No. RG03106423

Flynn v. City of Berkeley Rent Stabilization Board
Superior Court No. RG03115504

3. Approval of Agenda 

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

4. Public Forum

5. Approval of the Minutes

Minutes of the February 2, 2004 regular meeting.

6. Special Year-End Report by Tom Brougham, Senior Management Analyst, on past performance and future plans of the Public Information and Registration Units.

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

Appeal T-4500/RWN-1411; 2820 Derby Street. This is an appeal of a finding that the subject property was not the landlord's principal residence and, therefore, not exempt from the Rent Ordinance. Because the failure to register the property with the Board was found to be willful, the recovery of rent overcharges was not limited to those paid during the past three years, but instead included all those paid during petitioners' tenancy which began in November 1994. On appeal, the landlord contends that the hearing examiner ignored evidence that the subject property was his principal residence, failed to properly limit the refund of rent overcharges, was biased in favor of the tenants, and denied him due process. A review of the record, however, establishes that the landlord had a fair hearing and that the hearing examiner's findings are supported by evidence in the record. For this reason, it is recommended that the decision of the hearing examiner be affirmed.

8. Action Items

a. From Executive Director

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

Ministerial Waivers

Waiver No.   Property Address
3103              2803 Parker Street 
3127              640 Euclid Avenue 

Discretionary Waivers

3091               2336-2338 Channing Way
3092               2224 Derby Street (continued from February 2 meeting)
3110               2444 Carleton Street 
3111               2203-2205 Haste/2421 Fulton 
3112               1609, 11, 13, 15, 17 Walnut 
3117               2238 Curtis Street 
3118               2426 Fulton Street 
3125               2447 - 8th Street 
3126               1536 - 62nd Street

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) New Committee assignments. (Chair Anderson)

(2) Update on renovations to Rent Board office space. (Executive Director)

(3) Workshops for Landlords and Tenants. (Executive Director)

(4) Final report of the Mayor's Task Force on Permitting and Development. (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

(2) Outreach - Next meeting: Monday, February 23 at 6 p.m. 

(a) January 28 meeting minutes.

(3) Eviction

(4) IRA/AGA 

(a) Minutes of February 9, 2004 meeting.

(5) 4x4

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

10. Adjournment