RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, April 18, 2005
7 PM

APPROVED


Item 1. Call to Order - Chairperson Chong called the meeting to order at 7:06 p.m.

Commissioners Present: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Spector, Walden 

Commissioners Absent: Payne 

Staff Present: Kelekian, Wyche

Item 2. Approval of the Agenda. M/S/C (Spector/Arreguin) APPROVE AS WRITTEN. Chair Chong asked to move public forum speaker, Clarice Schwarck, to Item 6.a.(4) (Waivers) and have Waiver Number 3225 be the first waiver to be discussed. Voice vote. Passed: 8-0-0-1 Absent: Payne.

Item 3. Public Forum. There were twelve (12) speakers: Patrick Kehoe, Robin Brooke, Frances Hailman, Lori Kossowsky expressing their concerns in possible cuts and changes in Section 8 and low income and disability housing; Claudia Viera, Jeff Ruiz, Alan Hillesheim, Renee Whitworth, Landon Morgan, Kathleen Ventura, Maresa Danielson asking the Board for support in saving the Drayage Warehouse artisan community; Clarice Schwarck, property owner to speak to the Board on Waiver Number 3225, 1832 Delaware Street (moved her time to Action Item 6.a.(4), discussion of Waivers.)

Item 4. Approval of the Minutes. M/S/C (Arreguin/Walden) TO APPROVE THE REVISED MINUTES, DISTRIBUTED AT THE MEETING, WHICH INCLUDED THE ADOPTION OF A RESOLUTION FROM THE BOARD URGING THE CALIFORNIA STATE LEGISLATURE TO APPROVE ASSEMBLY BILL 781. Voice vote. Passed: 8-0-0-1 Absent: Payne.

Item 5. Special Order of Business

Lynda Carson, Housing Advocate, gave a report on the state of subsidized housing for low income and disabled in the Bay Area.

Item 6.a.(1) Recommendation from the Executive Director that the Board adopt a resolution changing the policy on the exemption status of a single-family house after a second unit is constructed on the property. M/S/F (Chong/Arreguin) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Kavanagh, Overman; No: Evans, Harrison, Spector, Walden; Abstain: None; Absent: Payne. Failed: 4-4-0-1. Commissioner Harrison asked that the resolution be resubmitted and placed on the May 2, 2005 regular meeting agenda.

Item 6.a.(2) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address
3210                 2628 Benvenue Avenue 
3254                 1528 University Avenue 
3256                 2139 Byron Street 
3258                 2907 Wheeler Street 
3261                 2201 Rose Street

Discretionary Waivers

Waiver No.      Property Address
3225                 1823 Delaware Street (continued from March 7th and April 4th meetings.) 
3235                 2416-5th Street 
3244                 2304 Fulton Street 
3245                 2303 Fulton Street

Property owner, Clarice Schwarck, addressed the Board concerning waiver number 3225.

M/S/F (Chong/Walden) TO WAIVE 90% OF THE PENALTIES ON WAIVER NUMBER 3225. Roll call vote. Yes: Chong, Kavanagh, Walden; No: Arreguin Evans, Harrison, Overman, Spector; Abstain: None; Absent: Payne. Failed: 3-5-0-1.

M/S/C (Overman/Harrison) TO ACCEPT STAFF RECOMMENDATION ON WAVIER NUMBER 3225, TO WAIVE $272 OF THE $408 IN PENALTIES CONDITIONED ON PAYMENT OF $136 WITHIN 30 DAYS OF THE DATE OF THE LETTER INFORMING THE OWNER OF THE BOARD'S DECISION. IF PAYMENT IS NOT TIMELY RECEIVED, THE $272 WAIVED WILL BE REINSTATED, AND THE ENTIRE $408 IN PENALTIES WILL BE DUE. Roll call vote. Yes: Arreguin, Evans, Harrison, Overman, Spector; No: Chong, Walden; Abstain: Kavanagh; Absent: Payne. Passed: 5-2-1-1.

M/S/C (Chong/Overman) TO ACCEPT STAFF RECOMMENDATION ON THE REMAINING DISCRETIONARY WAIVERS, NUMBERS 3235, 3244 and 3245. Voice vote. Passed: 8-0-0-1 Absent: Payne.

Item 7.a. Reports and information from Board Members/staff.

(1) Tenants Rights Week. The Executive Director and Commissioners Arreguin and Overman discussed the success of Tenants Rights Week and the ongoing U.C. student dorm presentations. Commissioners Arreguin and Overman also noted they wrote an article for the Daily Californian regarding tenants rights and encouraging students and tenants to contact the Board with rental issues.

(2) Budget Update. The Executive Director gave a Budget update, indicating the projected year-end balance for this fiscal year will be greater than anticipated when the Board adopted the budget.

(3) Soft story update. The Executive Director informed the Board that staff working on the soft story projects is interested in making a presentation to update the Board sometime in May.

(4) April 12, 2005 background memo of Federal Community Development Block Grant (CDBG) Program. Executive Director briefly discussed the CDBG Program. Commissioner Arreguin pointed out that City Council recently approved a resolution urging our legislative representative to preserve the CDBG Program as currently stated, not to consolidate in the Commerce Department and to advocate for increased allocation of funds.

(5) Update on TIC and Condo Conversion Ordinances. The Executive Director discussed the items presented to Council and noted that a change was made at the Council meeting in the fee for condo conversions from the $50,000, stated in the City Manager's report, to 10% of the sale price. Board members also committed on the proposal.

Item 7.b. Committee meeting announcements and reports.

(1) Budget/Personnel - TBA. 

(2) Outreach - Thursday, April 28th at 5:30 p.m. 

(3) Eviction - TBA. 

(4) IRA/AGA - Monday, May 9th at 6:00 p.m. 

(5) 4 x 4 - No meeting scheduled.

Item 7.c. Discussion of items for possible placement on future agenda material. Bring back resolution on exemption status of single-family house after second unit is constructed on the property. Discuss the need to improve policies and procedures currently used by inspectors when evicting tenants.

Item 8. Adjournment. M/S/C (Walden/Arreguin) Chair Chong adjourned at 9:40 p.m.