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REMARKS FROM THE FIRST TASK FORCE MEETING
Tuesday, September 17, 2002 •
The first Task Force meeting was held last Tuesday, September 17 and we want to get this recap report to you. The minutes from the meeting, taken by a Caltrans employee follow our recap.
Task Force background: The tenants need to know that because of the continual frustrations shared by the tenants and Assemblywoman Carol Liu regarding Caltrans' refusal to address the issues before the tenants including outrageous rental increases and rental and maintenance issues and policies, Carol made a very courageous decision on our behalf. Working with Assemblywoman Jackie Goldberg before the end of the legislative session, they began to formulate a bill to impose upon Caltrans a moratorium on the rent increases until the issues could be presented and worked out. Carol informed the Governor of her decision to author this bill. The Governor immediately responded by setting a meeting for Jeff Morales, Director of Caltrans, to meet with Carol the next day. As a compromise, it was agreed upon that Caltrans would put forward the concept of the Task Force and there would be a moratorium on the rent increase until the Task Force could get back recommendations to Caltrans. It might be noted that Carol has committed that if Caltrans does not act in good faith regarding the Task Force she will continue her pursuit of a bill for next years' legislative session.
Caltrans' selection process, meeting notices, and communication with the representatives have been disorganized and poorly planned from the beginning. In addition they changed the name from the Caltrans Task Force to the Fair Market Rent Task Force. At the meeting they presented us with name badges, name plates, and a large binder, all with this new title. All three cities were represented with a tenant rep and an alternate. The cities of Pasadena and S. Pasadena had reps, as did two of the elected officials. Caltrans had 4 reps, had hired a facilitator, set an agenda and had a charter for our approval.
Introductions were made and our first and only issue was raised before we asked for adjournment. We have asked Caltrans to show us why the policy change was made in 1981 from affordable housing to fair market value. Caltrans has responded that they are mandated by state and federal codes to charge fair market value. We have asked them for proof of this mandate, citing state and federal regulations and the interpretations of same.
It might be noted that Caltrans refused at the meeting to even discuss this issue. They also refused to show us why they are mandated to charge fair market value saying it was in a legal opinion that was confidential citing attorney client privileges.
The tenant reps refused to comply with this Caltrans stonewalling and several made legal and compelling points but it was because of the intervention of Suzanne Reed, Chief of Staff for Carol Liu, that Caltrans had to take notice and back down. Suzanne, in a very professional and articulate manner, told Caltrans clearly that they were in violation of the agreement made with Jeff Morales regarding the issues before the Task Force and that Caltrans had never answered the repeated requests from Carol regarding the fair market value policies or State and Federal regulations in question.
The next meeting cannot be scheduled as we do not know the time frame when Caltrans can have the requested information available However, because we requested that all future meetings be public and with time for public comment, we hope to have enough advance notice to let all tenants know of the future meetings. We would encourage all to attend.
The following minutes, taken by a Caltrans rep on the Task Force will outline what was proposed and was submitted to the facilitator and Emailed to the Task Force members. We think all tenants should see it.
FAIR MARKET RENT TASK FORCE*
ACTION ITEMS AND DISCUSSION THREADS
September 17, 2002
The following is an action item and discussion thread list based on the notes and comments from the meeting.
ACTION ITEMS (THESE ARE IN NO PARTICULAR ORDER OF IMPORTANCE)
1. Teresa Arias will provide appropriate government code, law citations that were the basis for the legal opinion regarding the States assertions that they can legally charge fair market rents.
2. The 1981 policy change that moved the department to achieving market rent where possible. Specifics of the policy have been requested.
3. Assemblymembers Goldberg and Liu's staff will ask for a legal review from the legislative counsel's office of the law regarding the Department's assertion that they can legally charge fair market rents. George Magallanes/Suzanne Reed will take the lead on this item.
DISCUSSION THREADS (THESE ARE IN NO PARTICULAR ORDER OF IMPORTANCE)
1. Charter contents - there is disagreement over the goals as stated in charter. Contention is that the goal was that of establishing rent as opposed to fair market rent.
2. Date for the final recommendation is negotiable. The team will decide after further discussion of the deliverables.
3. Suggestion that the January 1, 2003 rent increase is taken off the table.
4. Suggestion/discussion that at some point the team host a town hall meeting to allow all tenants in the corridor a chance to comment and make input.
5. The Department will bring back new policy to the team that incorporates the team's recommendations.
6. Change the name of the task force to delete the words Fair Market from the title. The asterisk in the heading reflects a chang3 has been proposed.
7. All team members will have adequate time to comment on the minutes.
GROUND RULES
1. Respect the person talking and raise your hand to access the floor. Your facilitator will call on you in order of recognition.
2. Do not interrupt the speaker at any time.
We will continue to fight the good fight on behalf of all tenants. Please Email back with questions or thoughts.
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