RENT STABILIZATION BOARD
Regular Meeting Minutes
Monday, March 19, 2007
Webcast Video Archive
Item 1. Call to Order - Chair Arreguin called the meeting to order at 7:09 pm. Pam Wyche called roll.
Commissioners Present: Blake, Chong, Harrison, Kavanagh, Overman, Stephens, Webster, Walden (arrived 7:30), Arreguin
Commissioners Absent: None
Staff Present: Kelekian, Kelly, Wyche
Item 2. Approval of the Agenda. M/S/C (Blake/Stephens) APPROVED AS WRITTEN. Voice vote. Passed: 9-0-0-1. Absent: Walden.
Item 4. Public Forum. There were no speakers.
Item 5. Minutes of February 15, 2007 regular meeting minutes. M/S/C (Webster/Stephens) APPROVED AS WRITTEN. Voice vote. Passed: 9-0-0-1. Absent: Walden.
Item 7.a.(1) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.
Waiver No. Property Address
3445 3217 College Avenue
3447 1507 Prince Street
3451 1721 San Pablo Avenue
3452 1920 Bonita Avenue
3454 2540 Chilton Way
3455 2323 10th Street
Waiver No. Property Address
3435 2201 Bonar Street
3437 1649 MLK Jr. Way
3440 2398 Sacramento Street
3441 2016 Blake Street
3446 2850 McGee Avenue
3448 2311 Stuart Street
3449 1827 Oxford Street
3453 2618 Etna Street
3456 1238 Hearst Street
3458 2230 Byron Street
Commissioner Webster pulled Waivers 3435 thru 3441.
M/S/C (Overman/Harrison) MOTION TO ACCEPT STAFF RECOMMENDATIONS ON REMAINING WAIVERS 3446 THROUGH 3458. Voice vote. Passed: 7-0-1-1 Abstain: Stephens; Absent: Walden.
Commissioner Webster asked for clarification on Waivers 3435 through 3441:
Waiver 3435 the last sentence in last paragraph of recommendation to be reworded to mean: If the $432 partial payment is not paid within the 30 day time period, the entire penalties of $1,232 will be reinstated and due.
Waivers 3437 through 3441: Same property owner, same explanation, and three different properties. The last sentence of the recommendation will be reworded to mean that if the 90% waived amount of $431 is not paid within the 30 day time period, the entire penalties of $4,312 will be reinstated and due.
M/S/C (Overman/Webster) MOTION TO ACCEPT STAFF RECOMMENDATIONS ON WAIVERS 3435 THROUGH 3441 WITH CLARIFICATION AND REWORDING. Voice vote. 8-0-0-1 Absent: Walden.
Item 6.a. Appeal T-4755/C-254 - 1455 Spruce Street, #1. (Continued from January and February meetings.) Commissioner Blake withdrew his previous motion on the table at the January regular meeting. Chair Arreguin ruled that Commissioner Blake's January motion is no longer on the table and that the following motion is now the main motion.
M/S/C (Blake/Kavanagh) MOVE THAT THE ISSUE CONCERNING ACCESS TO THE OPEN SPACE IS NOT RIPE AND THAT THE PARTIES CAN FILE ANOTHER PETITION WHEN IT IS. Friendly amendment by Overman and accepted: TO VACATE ALL PARTS OF THE HEARING EXAMINER'S DECISION RELATING TO ACCESS TO THE OPEN SPACE ON THE ADJOINING TAX PARCEL WITHOUT PREJUDICE TO EITHER PARTY. Roll call. Yes: Blake, Chong, Harrison, Kavanagh, Overman, Webster, Arreguin; No: Stephens; Abstain: Walden; Absent: None. Passed: 7-1-1-0.
Item 6.b. Appeal T-4782 - 2639 College Avenue, #3. M/S/C (Overman/Stephens) MOVE STAFF RECOMMENDATION. Roll call. Passed: 9-0-0-0.
Item 8.a.(6) (Item moved from Information Calendar to Action Calendar.) March 13th Council Item on Limits on Terms, Membership Designated Commissions [PDF file, requires Adobe Acrobat Reader.] (final version of Ordinance to be presented to Council at March 20th meeting attached.) M/S/C (Blake/Stephens) TO PRESENT A RESOLUTION TO COUNCIL RESOLVING: THAT THE COUNCIL REMOVED THE FIRST SENTENCE OF REVISED SECTION 3.02.040B FROM ORDINANCE 6973; AND THE RENT STABILIZATION BOARD, NOR THE OTHER BOARDS NAMED, DO NOT PRESENTLY FACE THE POSSIBILITY OF LOSING OUR RIGHTS AS CITIZENS TO SERVE OUR CITY AS VOLUNTEER COMMISSIONERS AND ARE NOT IMMEDIATELY SO THREATENED; AND THAT SHOULD COUNCIL TOMORROW NIGHT CHOOSE TO CONSIDER REINSTATING THIS PROVISION AT THE SECOND READING OF THIS ORDINANCE, WE INSIST ON A PROPER DELAY TO ALLOW US TIME, BOTH AS INDIVIDUALS AND AS A BOARD, TO DEFEND OUR RIGHTS IN PERSON BEFORE THE COUNCIL. WE FURTHER RESOLVE THAT THE RENT BOARD IS OPPOSED TO EVERY PROVISION CONTAINED THEREIN WHICH WOULD AFFECT THE RIGHTS OF COUNCILMEMBERS TO CHOOSE THE BEST CITIZENS THEY CAN TO REPRESENT THE INTERESTS OF THEIR CONSTITUENTS AND THE CITY AS A WHOLE. NEITHER OF THE ARGUMENTS PUT FORTH BY THE CITY ATTORNEY, THAT THE ORDINANCE PROMOTES DIVERSITY AND FRESHNESS, REFLECT THE CLEAR PURPOSE OF THE ORDINANCE, WHICH IS TO SELECTIVELY REMOVE EXPERIENCED AND ACTIVE COMMISSIONERS APPOINTED BY COUNCILMEMBERS IN THE COUNCIL MINORITY WHO FUNCTION EFFECTIVELY AS WHISTLEBLOWERS AND MINORITY VOICES ON THEIR RESPECTIVE COMMISSIONS. Friendly amendment by Commissioner Overman and accepted. TO SWITCH OUT "TOMORROW NIGHT" TO THE ACTUAL DATE OF THE MEETING, MARCH 20. Voice vote. Passed: 9-0-0-0.
Item 8.a.(1) Staff Report on the Rent Ordinance and Board practice concerning the consideration on appeal of evidence outside the hearing record. [PDF file, requires Adobe Acrobat Reader] Boardmembers generally agreed during a discussion that they should have access to the redacted information, but would leave it to staff's discretion to redact specific information from Boardmembers' packets. It was suggested that instead of redacting it entirely, staff could put it in brackets with a clear explanation as to what it means, that this particular document does not meet, in staff's opinion, the evidentiary test. It was requested that this item be placed on the action calendar at a future meeting.
Item 8.a.(2) Measure Y Tracking Report for the period December 2003 - December 2006. Board requested a report from staff going back three more years, if possible.
Item 8.a.(3) FY 2006/2007 Mid-Year Budget Report. Executive Director gave budget report and responded to questions from Commissioners.
Item 8.a.(4) Market Median Rents: January 1999 through December 2006. [PDF file, requires Adobe Acrobat Reader] Executive Director explained attached report self-explanatory.
Item 8.a.(5) Mailing of Apparent Lawful Rent notices. Executive Director explained attached copies of notices self-explanatory.
Item 8.a.(6) March 13th Council Item on Limits on Terms, Membership Designated Commissions [PDF file, requires Adobe Acrobat Reader] (final version of Ordinance to be presented to Council at March 20th meeting attached.) M/S/C (Blake/Walden) TO MOVE ITEM TO ACTION CALENDAR. Voice vote. Passed: 9-0-0-0.
Item 8.a.(7) March 20th Council Item on Panel Discussion and Workshop on Draft Sunshine Ordinance. [PDF file, requires Adobe Acrobat Reader] Executive Director answered questions from Boardmembers.
Item 8.a.(8) 2007 Annual Housing Conference April 23 -25. Chair asked Boardmembers to contact staff member Pam Wyche if interested in attending.
Item 8.b. Announcements of upcoming Committee/Board meetings.
(1) Budget and Personnel - TBA (To be announced.)
(2) Outreach - Monday, April 9 at 6 pm.
(3) IRA/AGA and Habitability - TBA
(4) Eviction/Section 8 - Monday, March 26 at 6 p.m. and Thursday, March 29 at 6 p.m.
(5) 4x4 City Council/RSB Housing Committee - No meeting scheduled.
(6) Ad Hoc Committee on Soft Story Ordinance - No meeting scheduled.
(7) Future Special Meetings - Executive Director proposed Thursday, July 12 to hear from the Board's legislature advocate, Christine Minnehan. Time to be announced.
Item 8.c. Discussion of items for possible placement on future agenda. Commissioner Chong requested a presentation on the mold issue at either a regular or special meeting; Commissioner Blake asked that the policy issue discussed tonight concerning the consideration on appeal of evidence outside the hearing record be placed on the next regular meeting agenda; Commissioner Kavanagh requested a report on the current situation in the Bay Area, especially San Francisco, in terms of how rents have increased over the last year or two.
Item 9. Adjournment M/S/C (Harrison/Stephens) Chair Arreguin adjourned at 9:00 p.m.