RENT STABILIZATION BOARD
Regular Meeting Minutes

Thursday, February 19, 2009
7 PM

APPROVED

Video Archive

1. Roll Call  - Chair Stephens called the meeting to order at 7:06 PM. Pam Wyche called roll.  

Commissioners present:  Blake, Chong, Drake, Harrison, Shelton, Stephens, Townley, Tregub, Webster

Commissioners absent: None

2. Approval of Agenda M/S/C (Stephens/Tregub) APPROVE WITH ONE CHANGE, MOVING ITEM 6.a. BEFORE THE APPEAL, ITEM 5.  Voice vote.  Passed: 9-0-0-0.

3. Public Forum  Three speakers: Paul Barker, Barbara Tengeri and Marcia Levenson.

4. Approval of January 22, 2009 regular meeting minutes.  M/S/C (Townley/Drake) APPROVE AS WRITTEN.   Voice vote.  Passed: 9-0-0-0.

6.a.  Update and possible action on Board’s RTS Computer System. Possible action may include authorizing the Executive Director to expend up to $25,000 to have Software AG perform a review and validation of the migration requirements to upgrade and replace the Board’s existing RTS computer database. 

Main Motion:  (Tregub/Blake) TO ADOPT THE RECOMMENDATION WITH CAVEAT THAT THE BOARD AND COMMITTEE SPEND TIME DISCUSSING IMPLEMENTATION AND OTHER CONCERNS BROUGHT UP BY COMMISSIONER CHONG, AND THAT STAFF PROVIDE INPUT AT EVERY POINT IN THE PROCESS.  Friendly amendment by Blake and accepted:  WITH CONTINUED UPDATES FROM STAFF ON RENT BOARD’S RELATIONSHIP TO CITY’S CRM SYSTEM. 

Substitute Motion: (Drake/Harrison)  TO ADOPT THE RECOMMENDATION THAT THE BOARD AUTHORIZE THE EXECUTIVE DIRECTOR TO TRANSFER UP TO $25,000, AS WORDED IN THE RESOLUTION, WITHOUT CAVEATS ADDED.

Commissioner Blake requested a vote on whether to make the substitute motion the main motion:  Roll call vote:  Yes: Drake, Harrison, Townley, Stephens; No: Blake, Chong, Shelton, Tregub, Webster; Abstain: None; Absent: None.  Motion failed: 4-5-0-0.

(Main Motion) M/S/C (Tregub/Blake)  TO ADOPT THE PROPOSED RESOLUTION WITH THE CAVEAT THAT THE BOARD AND COMMITTEE SPEND TIME DISCUSSING IMPLEMENTATION AND OTHER CONCERNS THAT WERE BROUGHT UP BY COMMISSIONER CHONG, AND THAT STAFF PROVIDE INPUT AT EVERY POINT IN THE PROCESS.  Friendly amendment by Blake and accepted:  WITH CONTINUED UPDATES FROM STAFF ON THE RENT BOARD RELATIONSHIP TO THE CITY’S CRM SYSTEM.  Roll call vote.  Yes: Blake, Shelton, Townley, Tregub, Webster, Stephens; No: Chong, Drake, Harrison; Abstain: None; Absent: None.  Passed: 6-3-0-0.

5.   Appeal Time Certain – 7:15 PM

 Appeal T-4902; 2915 Fulton St. #C.   M/S/C (Chong/Harrison) TO MAINTAIN THE HEARING EXAMINER’S DECISION ON THE TOILET AND LIGHTS AND ESTABLISH 0.8% REDUCTION FOR THE DETERIORATION OF THE PAINT, TO BEGIN ON JUNE 12, 2007, THE DATE OF NOTIFICATION GIVEN BY THE PETITIONER.  Chair Stephens bifurcated the motion into three parts at the request of Commissioner Townley.

(1) UPHOLD THE HEARING EXAMINER’S DECISION AWARDING A REDUCTION OF 1.4% FOR THE SPRAYING TOILET.  Roll call vote.  Yes: Blake, Chong, Drake, Harrison, Tregub, Stephens; No: Shelton, Townley, Webster; Abstain: None; Absent: None.  Passed:  6-3-0-0.
(2) TO UPHOLD THE HEARING EXAMINER’S DECISION ON THE LIGHTS AND THE REMAINING ISSUES EXCLUDING THE PAINT.  Roll call vote.  Yes: Blake, Chong, Harrison, Shelton, Townley, Tregub, Webster, Stephens; No: Drake; Abstain: None; Absent: None.  Passed: 8-1-0-0.
(3) TO AWARD .08% REDUCTION FOR THE DETERIORATION OF THE PAINT BEGINNING ON JUNE 12, 2007, THE DATE OF NOTIFICATION GIVEN BY THE PETITIONER.  Roll call vote.  Yes: Blake, Chong, Drake, Harrison, Shelton; No: Townley, Tregub, Webster; Abstain: Stephens; Absent: None.  Passed: 5-3-1-0.
      
Commissioner Blake left the meeting at 9:35 pm.

6. Action Items     From Board Members, Executive Director and Committees

a.  Item was moved before the Appeal, Item 5.  (See above)

b.  Proposal to approve staff recommendation on the following requests for waiver of late registration penalties. (Executive Director)
    
Ministerial Waivers

Waiver No.    Property Address
3662               1513 6th Street
3677               1390 Curtis Street
3678               1824 Blake Street
3679               2436 California Street
3680               2111 Byron Street
3681               1431 Dwight Way
3682               2113 San Pablo Avenue
3684               1509 Spruce Street
3691               2931 Stanton Street
3694               1921 Dwight Way
3696               1380 Curtis Street
3699               1305  66th Street
3701               3006/3008 King Street
3702               2933 Stanton Street

Discretionary Waivers
  
Waiver No.    Property Address
3653               1507 Josephine Street
3654               1610-1612  62nd Street
3667               1535 Prince Street  
3697               2317 Parker Street
3700               1111 Blake Street
3705               2238 Russell Street
3709               1539 Prince Street
3710               1433  9th Street
3711               1118 Dwight Way
3713               1635-39 Josephine Street
3715               1700-06 Addison Street/2101 McGee Avenue
3716               2409 Edwards Street

Commissioner Townley pulled Waiver numbers 3705, 3709 and 3713.

M/S/C (Harrison/Tregub) TO ACCEPT STAFF RECOMMENDATIONS ON ALL WAIVERS EXCLUDING NUMBERS 3705, 3709 AND 3713.  Voice vote.  Passed: 8-0-0-1 Absent: Blake.

M/S/C (Tregub/Townley) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3705.  Voice vote.  Passed: 8-0-0-1.

M/S/C (Tregub/Drake) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3709.  Voice vote.  Passed: 8-0-0-1.  Absent: Blake.

M/S/F (Drake/Harrison) TO DENY WAIVER NUMBER 3713.  Roll call vote.  Yes: Drake, Harrison, Shelton, Stephens; No: Chong, Townley, Tregub, Webster; Abstain: None; Absent: Blake.  Failed: 4-4-0-1.

M/S/C (Chong/Tregub) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3713.   Roll call vote.  Yes: Chong, Townley, Tregub, Webster, Stephens; No: Drake, Harrison, Shelton; Abstain: None; Absent: Blake.  Passed: 5-3-0-1.

7.    Information and Announcements

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

a. Reports from Board Members/Staff.

(1) Update on proposed revisions to the Condominium Conversion Ordinance.  Executive Director informed the Board that a very similar item as attached to the agenda went to Council on February 20th and was adopted at first reading. There was one change on page 3 of the staff report, the first bullet, Renter- Occupancy Credit.  For properties of three or more units, reduce the mitigation fee by 50% only for units that are occupied by an owner occupant prior to …, based on the Board’s recommendation, the original language was. June 30, 2009, that was changed to… prior to 2010.  It comes back to Council next week.   Final language will be in the next agenda packet.

(2) Measure Y Report for the period 2006 through 2008.  Chair asked that this be put on the next Eviction Committee agenda as a placeholder for questions.

(3) Mid-Year Budget Update.  Executive Director said that the report would be discussed first at the Budget & Personnel Committee meeting, and then brought to the full Board for discussion next month.

(4)Market Median Report October through December 2008. Executive Director said self-explanatory.

(5) Nuts and Bolts of Cooperative Housing.  Commissioner Townley included a flier announcing the date of a full day seminar on February 27th at the Women’s Building, 3543 18th Street, San Francisco on cooperative housing.

 b.     Announcements of upcoming Committee/Board Meetings.

(1) Budget and Personnel – Next meeting February 20th.

(2) Outreach – Next meeting February 20th

(3) IRA/AGA and Habitability – Next meeting February 23rd.

(4) Eviction/Section 8 – Next meeting February 26th.

(5) 4x4 City Council/RSB Housing Committee – Nothing scheduled.

(6) Safe & Sustainable Housing – Next meeting March 16th 4 pm. Committee also met today prior to the regular Board meeting.  Committee Chair Townley reported that the committee discussed the tenant survey.  They also plan to invite Dan Lambert to a committee meeting to discuss seismic retrofitting issues and staff from Health and Human Resources to discuss their proposed language for a smoke-free housing policy for large apartment buildings.

(7) Condominium Conversion – Nothing scheduled.

(8) Future Special Meetings – None scheduled.
Commissioner Tregub said he would coordinate with staff to set up an Ad Hoc Committee on the waiver process.

c.      Discussion of items for possible placement on future agenda.  Commissioner Chong requested that the next agenda have the number of letters sent out by staff to tenants on foreclosures.  Commissioner Webster asked about the harassment issue, which was brought up by Marcia Levenson at open mike.  Chair Stephens asked that the Anti-Harassment Ordinance item be placed on both the Eviction and IRA Committee agendas. 

8.    Adjournment  Chair Stephens adjourned at 10:26 pm.