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M-3/18/1981 . . . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS ~rch 18, 1~81 'A Special Meeti~g of the Santa Monica City CounCil was called to order by Mayor Bambrick at 7:03 P.M. Ro 11 Ca 11: Present: Mayor John J. Bambr I ck Mayor Pro Tempore Ruth Vannatta Go1dway Councilmember William H. Jennings Councilmember Christine E. Reed Councllmember C:,eryl P.hoden Councllmember Perry Scott City Manager Charles K. McClain Acting City Attorney Lyn Cacclatori ~ Deputy City Attorney Susan Carroll City Clerk Ann M. Shore GENOA ITEM 1: RENT CONTROL ORDINAfIC[: Presentee for consideration was the request of Councilmember Jennings for consideration of directing the City Attorney to draft a back- up ordinance along the lines of the City of Los ~ngeles rent control ordinance with our ilocal Rent Control Board as the administrative body in the event that crUCial portions of bur Rent Control Charter Amendment are declared unconstitutional. Ciscussion was held, lintroduced by Councilmember Jennings. During discussion, Councilmember Rhoden read into the record a stater.1ent frO'll the Santa Monica Rent Control Board on this item: liThe Santa ~onica Rent Control Board regards the Santa Monica City Council's action preparatory to ~' dopting a Los Angeles style rent control ordinance as unwarranted and inappropriate. he voters of Santa Monica amended the City Charter in order to establ ish rent control. he City Charter empowers the Rent Control Board as the elected representatives or the people of Santa Monica to implement and enforce Article XVI I I of the City Charter relat- ing to rent control. The contemplated actions of the City Council constitute improper ,interference with the duties and obI igations of the Rent Control Board and the mandate of I~he voters of the city. The City Council is additionally in violation of Resolution No. p,516 in which both the City Council and the Rent Control Board resolved to foster a re- lationship of cooperation, trust and mutual service to the citizens of the City of Santa !'onica. The office of the City Attorney, City Council and the Rent Control Board are bllgated to uphold and protect the City Charter. A number of law suits have challenged he constitutionality of Article XVII I of the City Charter, the most prominent of which is Baker vs the City of Santa Monica et al. The City Council's contemplated actions ndermine litigation efforts of both the City Attorney and the Rent Control Board to pro- ~ect the Intregrity of Article XVIII in the courts and therefore represent a violation of ~he City Council's duty to both uphold and protect the City Charter.1I fayor Pro Tempore Vannatta Goldway moved to hear members of the publ ic who had requested o speak. Second by Counc!lmember Rhoden. Discussion was held. here was no stated objection to hear Councilmember Jennings' motion before hearing the ubi ic. Councllmember Jennings moved to direct the City Attorney to prepare and return ,or introduction at the next regular City Council meeting (March 24th) a back-up rent ~ontrol ordinance drafted along the 1 ines of the Los Angeles City Rent Stabll ization March 18, 1981 223 224 Ordinance having due regard to any significant differences between Los Angeles and Santa l1onica, with the change that under vacancy decontrol there be a I imitation that in ordenl' to take advange of decontrol upon voluntary vaction of the unit, the landlord must pre- sent a statement signed by the tenant stating that he has vacated voluntarily and not ~nder press~re from the landlord. Second by Co~ncilmember Reed. Further discussion was I held. Co~ncilmember Rhoden moved to table the motion. Second by Councilmember Scott.' . The motion failed by the following vote: Co~ncil Vote: Affirmative: Councilmembers Vannatta Goldway, Rhoden, and Scott Negative: Councilmembers Jennings, Reed, and Mayor Bambrick I After further discussion, 'members of the public for Mayor Pro Tempore Vannatta Goldway's earlier motion to hear five minutes each failed by the following vote: Council Vote: Affirmative: Councilmembers Vannatta Goldway and Rhoden Negative: Councilmembers Jennings, Reed, Scott and Mayor Bambrick I Councilmember Jennings moved to hear members of the publ ic for three minutes each. ! Second by Councilmember Rhoden. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Jennings and Rhoden Negative: Councilmembers Reed, Scott and Mayor Bambrick Abstain: Councilmember Vannatta Goldway ;1' Councilmember Rhoden moved to reconsider Councllmember Jennings' motion to hear the pub- ,lie. Second by Councilmember Jennings. The motion to reconsider carried by the follow- ing vote: . Council Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Rhoden, Scott and Mayor Bambrick Negative: Councilmember Reed I Councilmember Jennings' motion to hear members of the public for three minutes was voted iupon again. The motion failed on the fol lowing vote: Council Vote: Affirmative: Councilmember Jennings, Bambrick Negative: Councilmembers Vannatta Goldway, Reed, Rhoden and Scott Councilmenber Jennings' earl ier motion to request the City Attorney to prepare a back- up rent control ordinance failed by the following vote: Council Vote: Affirmative: Councilmembe~ Jennings, and .Reed Negative: Councilmembers Vannatta Goldway, Rhoden Scott and Mayor Bambrick . ~ March 18, 1981 . . . . . ~ AGENDA ITEM 2: POLITICAL CAMPAIGN FINANCIAL REPORTS: Presented for consideration was the request of Mayor Pro Tempore Vannatta Goldway for discussion regarding procedures for complaints about campaign reporting and fil ing practices in the current election period. Mayor Pro Tempore Vannatta Goldway referred to her letter submitted to the City Clerk requesting that the Fair Election Practices Commission investigate complaints re- garding the lack of filing and disclosure of campaign contributionsand expenditures relating to election activities of the Santa Monica Good Government Committee, the Citizens Congress and candidates backed by Citizens Congress. Councllmember Reed moved that the City Clerk be directed to forward all campaign report- Ing complaints to the State Fair Political Practices Commission for their investigation as they are also forwarded to our local Fair Election Practices Commission. Second by Councilmember Rhoden. Discussion was held. Councllmember Rhoden moved to hear members of the publ ic for five minutes each. Second by Mayor Pro Tempore Vannatta Goldway. After discussion, the motion failed by the follO\'Jing vote: Council Vote: Affirmative: Councilmembers Vannatta Goldway, Rhoden and Mayor Bamb r I c k Negative: Councilmembers Jennings, Reed, and Scott Councilmember Jennln~s moved to hear members of the publ ic for three minutes each. Second by Councilmember Rhoden. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Rhoden and Mayor Bambrick Negative: Councilmembers Reed and Scott John Jurenka spoke of an unreported election mail ing put out by the Retail Clerks Union signed by Mayor Pro Tempore Vannatta Goldway. Walter Schwartz spoke in support of forwarding all complaints to the Commissions rather than airing at the Council meetings. Robert ColI ins spoke to the previous rent control agenda item and the need to permit people to speak on the matter. Hal Dash said that Santa Monica Good Government, Inc., welcomes complete, thorough, expeditious investi- gation. Donald Lewin Nelson spoke in support of forwarding all complaints for In- vestigation. Councilmember Reedls motion to forward political campaign report violatIons to the State as well as the local ejection commission was approved by the follovJing vote. Council Vote: Unanimously approved 6-0 eouncil~ember Rhoden .~ferred to previous discussion of apparent conflict of interest re- sulting from membership on the Fair Election Practices Commission and holding office in political committee. It was noted that the matter could not be discussed since it was not 1 isted on the Special Meeting agenda. No further discussion was held. ADJOURNMENT: Councilmember Reed moved to adjourn the meeting at 8:~0 P.M., Second by Councilmember Rhoden. The motion was approved by unanimous vote. ATT~S;r' .././'" ,.~ '--" 'I' ~ ,: /,,<2xiitf~ Ann M. Shore, City Cler~ )jAPPROVED~ ,/l \ ,,/1 i /.1 /: ~ "fUI.~ ~.: ii (leI'lf. .~I/l,V ~ : _ i iJ{,.V",vv )JOhn ~ar>tbrick' Mayor ( . - ~/ March 18, 1981 225 226 . . . .