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M-7/24/1984 30 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 24, 1984 A meetlng of the Santa Monica Clty Council was called to order at 6:04 P.M. by Mayor Edwards on Tuesday, July 24, 1984, in the Council Chambers. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councllmember James P. Conn (entered during Closed Session) Councilmember David G. Epstein (entered at 6:09 P.M.) Councllmember William H. Jennings Councilmember Chrlstine E. Reed (entered during Closed Session) Councllmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Clty Clerk Ann M. Shore C.~OS~D SESSION: At 6:05 P.M., Mayor ,Edwards moved to adjourn to Clbsed S~ssion called to discusi p~ndinglitig~tion and personnel matters. Second by Councllmember Zane. The motion was approved by unanimous vote. Council reconvened at 7:25 P.M. It was announced no action was taken. At 7:26 P.M., Councilmember Epstein moved to adJourn the Special Meeting of the CltyCouncll. Second by Councllmember Jennlngs. The motion was approved by a vote of five in favor, Councllmembers Conn and Zane not being present durlng the vote. REGULAR CITY COUNCIL MEETING A regular meeting of the Santa Monica City Council was called to order by Mayo)'" Edwards at 7:27 P.M., on Tuesday, July 24, 1984, 1n the Councll Chambers. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember Wllliam H. Jennlngs Councllmember Christlne E. Reed Councllmember Dennis Zane July 24, 1984 City Manager John H. Alschuler, Jr. CIty Attorney Robert M. Myers City Clerk Ann M. Shore There being no obJectlon, the Council adjourned the meeting to the Santa Monica CiVlC Audltorium East WIng to hold the Regular Meetlng. At 7:44 P.M., Council reconvened In the Auditorium wlth all members present. Mayor Edwards led the assemblage in the pledge of alleglance to the United States of America. Reverend David McAllister, Westside Ecumenical Conference, offered the invocation. Councl"lmember Epstelnmoved to add Items 8-B and 13-B. Second by Mayor Pro Tempore Press. The motion was approved by unanimous vote. Council,me,mber Epstein, moved to hear Item 13-B after Item 5-A. Second by Mayor Pro Tempore Press. The motion was approved by unanimous vote. 4-A: BOARDS AND COMMISSIO~S: Mayor Edwards presented a 'recognition' pl.ique teOra. M~ USweet for her service on the CommlSSlon on Older Americans. The following members were not present, but will receIve plaques for their service to CIty Boards and Commissions: Richard P. Fall, Llbrary Board; James L. Hoyt, Airport Commission; Buelah R. Juarez, Commission on Older Americans; Franclso E. Juarez, RecreatIon and Parks Commission; and Susan Cloke, Planning CommissIon. 4-B: GENERAL SERVICES DEPARTMENT EMPLOYEE RECOGNITION AWARDS: Mayor Edwards presented General Servlces Department Employee Recognitlon Awards to John Christ, RIchard Roza and Paul Sldbeck for their outstanding service to the City. Councl~member Zane moved Second" by Ceuncifmember unanlmous vote. to hear Item 13-8 Conn. The motion before Item 5-A. was approved by 13-B:, ,TJ;;A,:!STERS LOCAL 911/CONTRACT NEGOTIATIONS: Presented was the request of Pat- Chapll.n representing Teamsters Local No. 911, to address Council in regard to the status of contract negotiations. Hugo MorrIS, representing Local 911 of the Teamsters, spoke regarding contract negotlations between the City and the Teamsters. D1Scusslon was held. 5-A: DISCRIMINATORY CONDU~T(SP\lAJ.. ORIENTATION: Presented was a staff report setting forthoptionsforu local regulation of dIscriminatory conduct based upon sexual orIentation. The followl~g members of the publIC spoke in suppor of the proposed regulatlons: Randy Grant, Cherle LeBrun and Jerry RubIn. The following members of the public spoke In oppositlon to the proposed regulations: Ron NorrIS, Charles WOlfe, R. Clarence CrItes, and Rev. Wllllam Doty. Discussion was held. Cpn.~i,lmember Zaneu,move,d to dIrect the Cl ty Attorney to prepare an 2 July 24, 1984 30 ordinance prohibiting discrImInation on the baSIS of sexual orientation, USIng the City of Los Angeles' ordinance on the same topic as a model, but SubstItuting Los Angeles' definition of sexual orientation with that of the City of Oakland's ordinance on the same topic; and that the provision of misdemeanor penaltIes for violatIon of the ordInance be included. Second by Mayor Pro Tempore Press. WIth the consent of the second, Councllmember Zane amended the motion to include in the ordInance exemptIons for church related institutions, church schools, church day care centers and the like in the employment, education and InstItution sectIons, and to also include in the employment section an exemption for those employi~g people to work in their homes. DISCUSSIon was held. Councllmember Epstein moved an amendment to exempt bUSinesses that employ five persons or less. The amendment faIled for lack of a second. Further discussion was held. The main motion was approved by the following vote: CounCIl Vote: Affirmative: Councllmembers Press, Reed, Edwards Conn, Zane JennIngs, and Mayor NegatIve: Councilmember Epstein 5-B: COMMISSION ON OLDER AMERICANS: Presented was the matter of the appointment of a~ember to the CommiSSIon on Older Americans. Councilmember Reed nominated Benjamin Ershoff. Councilmember Epstein moved that BenJamIn Ershoff be appointed to the CommISSIon on Older Americans by acclamation. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Therefore, Benjamin Ershoff was appointed to the Commission on Older Americans as a non-voting member WIth an indefInIte term. 6. CONSENT CALENDAR: The Consent Calendar was presented whereb-Y- all items areu cons idered and approved in one motion unless removed from the Calendar for dISCUSSIon. Councilmember Conn moved to approve the Consent Calendar with the exceptIon of Item 6-N and With the notation that Items 6-F and 6-G were WI thdrawn, reading resolutions and ordinances by title only and wai ving further reading thereof. Second by Councllmember Reed. The motlon was approved by the following vote: Council Vote: Unanimously approved 7-0 6-A: MINUTES: The minutes of April 10, 1984, and April 24, 1984, were approved. 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6887(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 3 July 24, 1984 6-C: PUBLIC LIBRARY VIDEO CIRCUIT: The City Manager was authorized to execute Contract No. 4193(CCS), a Joint Powers Agreement, creating the PublIC Llbrary VIdeo CIrcuIt to help meet the growIng publ1C demand for videocassettes. 6-D: PARKING CITATION PRO~ESSING SYSTEM: Contract No. 4194(CCS) was awarded to Coopers and Lybrand in the amount of $25,000 for analysis of the park1ng citation processing system Jointly operated by the C1ty and Santa Monica Municipal Court. 6-E: ON-STREET PARKING PERMITS: A recommendation was approved to l'1struct the C1ty Attorney to prepare an ordInance establishing on-street parkIng permits for the area bounded by Colorado Avenue, Fourth Street, LIncoln and Olympic Boulevard. 6-F: WHEELCHAIR RAMP AT SANTA MONICA PIER: request of staff. W1thdrawn at the 6-G: STREET LIGHTS PETITIONS: staff. Withdrawn at the request of 6-1: AUTOMOTIVE/LIGHT TRUCK PARTS: Bld No. 1954 was awarded to Sunbelt D1stribut1on at discounted prices for automotive/light truck parts for Mechanical Ma intenance Division of the General Services Department. 6-J: BONUS COMPENSATION: Resolution No. 6888(CCS) ent1tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING BONUS COMPENSATION FOR ASSIGNMENT AS PARAMEDIC COORDINATOR (F1re Department personnel)," was adopted. 6-K: ROBERTI-Z 'BERG FUNDS FOR CLOVER PARK LIGHTING: A recommendation was approved to authorize Boberti-Z'Berg grant funds for athletic field light1ng at Clover Park. 6-L: WEED ABATEMENT: A recommendation was approved to confirm the 1984 Weed Abatement Assessment Roll. 6-M: WATER SERVICE FITTINGS: B1d No. 1950 was awarded to James Jones Co. for 21 items 1n a total amount of $58,203.91 and to Western Water Works Supply Co. for 55 items 1n the total amount of $11,314.56 for water serVIce f1ttings for the Water Dlvlslon. END OF CONSENT CALENDAR 6-N: ELECTION SUPPLIES: Presented was a staff report recommendlng approval of a contract wlth Martin and Chapman Co. 1n amount of $47,311.84 for election supplles and serVlces relat1ng to election to be held November 6, 1984. D1Scussion was held. Counc1lmember Zane moved to award Contract No. 4195(CCS) to Martin and Chapman Co. 1n amount of $47,311.84 for election supplIes and services relating to the General Municlpal Election to be held November 6, 1984. Second by Councilmember Conn. The motIon was approved by the following vote: 4 July 24, 1984 30. Council Vote: Affirmative: Councilmembers Conn, Jennings, Reed, Zane and Mayor Edwards Negative: Councilmembers Epstein and Press 8-A: MARTIN CADILLAC COMPANY DEVELOPMENT AGREEMENT: Presented was an ordinance c-rorUlntroduction anau first reading regarding repealing Ordinance No. 1288 eCCS) in that to Martin Cadillac Company, Inc. has declined to execute the Development Agreement. The PubliC Hearing was declared open at 9:04 P.M. There being no one Wishing to speak to the matter, Councllmember Epstein moved to close the PubliC Hearing at 9:05 P.M. Second by Mayor Edwards. The motion was approved by unanimous vote. Councilmember Epstein mO~,ed to introduce for first reading an ordinance entitled: "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING ORDINANCE NUMBER 1288 eCCS) RELATING TO DEVELOPMENT AGREEMENT WITH MARTIN CADILLAC COMPANY, INC," reading by title only and waiVing further reading thereof. Second by Counc llmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 8-B: PREFERENTIAL PARKING ZONE C: Presented was an ordinance for introduction and first reading regarding enlarging Preferential Parking Zone C to include Hill Street between Third and Fourth Streets. The Public Hearing was declared open at 9:06 P. M. Member of the public John Jurenka spoke in opposition to Preferential Parking Zones. There being no one else wishing to speak to the matter, Cou_l!_c}1_l!!~mb~_~E2_ste_~_~_ ~oyed to close the PubliC Hearing at 9: 10 P. M. Second by Councilmember Conn. The motion was approved by unanimous vote. Councilmember ~pst~in moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3238c TO THE SANTA MONICA MUNICIPAL CODE TO ENLARGE PREFERENTIAL PARKING ZONE C BY ADDING HILL STREET BETWEEN THIRD AND FOURTH STREETS," reading by title only and waiving further reading thereof. Second by Councilmember Jennings. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councllmember Zane moved Second by Councilmember unanimous vote. to hear Item 11-A prior to Item 9-A. Reed. The motion was approved by 11-A: PICO BOULEVA~D/LEFT TURN LANE: Presented was a staff report recommending approval of installation of an eastbound double left turn lane on Pico Boulevard at Cloverfield Boulevard. Councllmember Epsteifl moved to hear from the publiC for three minutes e"ach. Second "by Councilmember Conn. The motion was approved by unanimous vote. Lawrence Brown, Sharon Robbins, James Snoxell, Melvin Katz and AliCia Dardon spoke in opposition to the proposal due to the elimination of parking spaces for area 5 JUly 24, 1984 3 businesses. Discussion was held. Councilmember Epsteln moved to contlnue this matter to August 14, 1984, and requestU starf to bring maps of the intersection for Council review. Second by Councilmember Zane. During discussion, with the consent of the second, Councilmember Epstein amended the motion to indicate that this matter may be elther withdrawn at the discretion of staff or continued to August 14, 1984. D1 scussion was held. The motion was approved by the following vote: Council Vote: Afflrmat1ve: Councilmembers J enni ngs, Reed, Edwards Conn, Zane Epstein, and Mayor Negatlve: Councllmember Press A recess was held at 9:36 P.M. At 9:48 P.M., Councll reconvened wlth all members present. 9-A: ELECTrON TO BE HELD NOVEMBER 6, 1984: Presented was a staff report transmitting resolutions regarding ballot items and calling a General Municipal Election on November 6, 1984. Councilmember Epsteln moved to hear from members of the public for three minutes each. Second by Counc ilmember J ennlngs. The motion was approved by unanlmous vote. Carl Talley spoke in support of condomlnlum owners havIng the same exemption as SIngle famlly homeowners. Herman Rosenste1n and Mallory Pearce spoke in favor of proposed amendments to the Rent Control Law. Llnn Wile spoke 1n support of condomInium owners having the same exemption as single family homeowners. Wilho Miller spoke in opposition to tlghter controls in the Rent Control Law. Herbert Katz, Jr., Leonard Gross and Irene Zi vi spoke in support of condomln1um owners havIng the same exemption as slngle family homeowners. John Jurenka spoke in opposition to the proposed amendments to the Rent Control Law. Paul DeSant1s spoke regarding the Tenant Ownersh1P Rights Charter Amendment as it pertains to the proposed amendments to the Rent Control Law. Paul Carney spoke regardlng the possible decrease in the hous1ng stock relating to the Rent Control Law amendments. Carolyn Caesar spoke in support of condominium owners havIng the same exemption as slngle family homeowners. Mary Ann Peters spoke in opposition to the porposed law. Barbara Kessel spoke in support of the Rent Control Law as presented. Chet Hoover spoke In Oppos1t1on to the proposed Rent Control Law amendments. ElaIne Carney spoke regardIng the possible decrease in the hOUSIng stock relating to the Rent Control Law amendment. Rlchard Stone spoke in support of cndom1nlum owners havIng the same exemption as single famIly homeowners. J.L. Jacobson spoke 1n oppositIon to portIons of the proposed law. Ilona Katz spoke 1n support of the City Council consolidatlng the elections of the City and the Santa Monica COllege Board of Trustees. Carroll McEachern spoke in opposition to the proposed Rent Control Law amendments. Lois Gross spoke in favor of condominium owners having the same rIghts as single famly homeowners. Anthony Nitti spoke In opposltlon to the proposed law and in support of limited vacancy decontrol. Tom 6 July 24, 1984 305 Nitt1 spoke in Oppos1t1on to expanding the powers of the Rent Control Board. At 10:55 P.M., Mayor Edwards moved to extend the meeting past 11: 00 P. M. Second by Councilmember Epste1n. The motion was approved by unan1mous vote. Discuss10n was held. Councilmember Zane moved to approve the language in Exhibit 2, a resolutlon placIng a proposed Rent Control Charter Amendment on the ballot of the elect10n to be held November 6, 1984. Second by Councilmember Epstein. Discussion was held. Councilmember Reed moved an amendment to change the definition of the Slngle Family Hom~language proposed 1n Sect10n 1801(n) with alternat1ve 2 on page 2 of Supplemental Staff Report Number 4 which reads as follows: "A property that has been developed w1th only one one-family dwelling and any lawful accessory structures, or a lawfully created condominium, stock cooperat1ve or similar un1t that 1S part of a larger residential structure or complex, excepting those condominiums, stock cooperatives, or slmilar un1ts converted after April 10, 1979 for Wh1Ch no removal permit or vested right determ1nation has been issued by the Board, and those created pursuant to Art1cle XX of this Charter." Second by Mayor Edwards. W1th the consent of the second, the maker accepted the amendment as friendly and incorporated it into the main mot10n. Counc11member Reed moved an amendment to change the exempt10n language for Single Famlly Homes proposed in Sect10n 1815 with alternative 2 on page 3 of Supplemental Staff Report Number 4 which reads as follows: "Single fam11y homes that were not used for res1dential rental purposes on July 1, 1984 are automatically exempt from the provisions of this Article. Single fam11y homes that are not exempt under the preceding sentence are subject to all requ1rements of this Article, but shall be permanently exempted by the Board upon proof that the home has been voluntarily vacated by the tenant or continuously occupied by the owner for a period of one year after lawful eviction of the tenant." Second by Mayor Edwards. D1Scussion was held. Councilmember Zane moved a substitute mot10n to the amendment to change the exempt10n language for Single Fam1ly Homes proposed in Section 1815 with alternative 1 on page 3 of Supplemental Staff Number 4 Wh1Ch reads as follows: "Slngle fam1ly homes that were not used for resident1al rental purposes on July 1, 1984 are automatically exempt from the provisions of this Art1cle. Single fam1ly homes that are not exempt under the precedi~g sentence are subJect to all requirements of this Article." Second by Mayor Pro Tempore Press. Discussion was held. The subst1 tute motion fa11ed by the folloW1~g vote: Council Vote: Affirmative: Councilmembers Press and Zane Negat1ve: Councilmembers Conn, Epstein, Jennings, Reed and Mayor Edwards 7 July 24. 1984 o DIScussion was held. With the consent of the second to the amendment, Counc1lmember Reed added to the amendment a change 1n the last f1 ve llnes of alternative 2 as follows: "... but shall be permanently exempted by the Board upon proof that the home has been continuously occupied by the owner for a period of two years as a principal place of residence after voluntary vacancy by the tenant or by lawful evict10n of the tenant. An owner may have only one exempt10n under this Section at anyone t1me." DIScussion was held. Councilmember lane moved to amend the amendment to modify the reference to the "lawful eV1ct1on of the tenant" in alternative 2, to read: ~except when the tenant is eV1cted for owner occupancy". Second by Mayor Pro Tempore Press. DiSCUSSIon was held. The motion fa1led by the follow1ng vote: Council Vote: Aff1rmat1ve: Councilmembers Press and lane Negative: Councilmembers Conn, Epstein, Jennings, Reed and Mayor Edwards The ma1n amendment was approved by the following vote: Counc11 Vote: Afflrmat1 ve: Councilmembers Press, Reed, Edwards Conn, Zane Jennings, and Mayor Negative: Councilmember Epstein DurIng dIScussion, Councilmember Jennin~ moved an amendment to add language to the end of Se6tlon 1809(b)(2) to read as follows: "In the event that the landlord prevails at the admlnlstrati ve hearing, he shall be entitled to recover from the tenant instItutIng such proceedIngs, a sum equal to the cost and expenses incurred by the landlord In oppOSIng the administratIve compla1nt. If the tenant does not pay such sums to the landlord, the landlord shall be entitled to evict the tenant pursuant to Section 1806(a) for non-payment of rent." Second by Councilmember Reed. DiSCUSSIon was held. The mot1on faIled by the follOWIng vote: CounCIl Vote: Affirmative: Councllmembers JennIngs and Reed NegatIve: Councilmembers Conn, Epstein, Press, lane and Mayor Edwards Councilme~~er Jenninss moved an amendment to add language to the beginning of the next to the last sentence of Section 1809(b)(2) so that lt reads as follows: "If recorded WIth the County Recorder's Office an order authorizing rent withholding under this Artlcle shall surVIve the sale or other transfer of the property and shall be bindIng upon successors of the landlord against whom the order was made." Second by Councilmember Reed. DISCUSSIon was held. The motion faIled by the following vote: 8 July 24, 1984 31 Council Vote: Afflrmatlve: Councilmember and Reed Epsteln, Jennings Negative: Councllmember Conn, Press, lane and Mayor Edwards Councilmember Jennln~s moved an amendment to delete the next to the last sentence of Section 1809(b)(2). Motion died for lack of a second. Councllmember J~~nin8s moved an amendment to delete Section 1809(~r, ("In lieu of fillng a clvil action,(in regard to exceSSlve rent) a tenant may file an admlnlstrative complaint. The Board shall establish by rule and regulation a hearing procedure similar to that set forth ln Secton 1805(d), etc.") Motion died for lack of a second. Councilmember Jennings moved an amendment to delete the words "wlllfully or" in the next to the last sentence in Section 1809(a) regarding recelpt of excess rent. Second by Councllmember Reed. The motlon fa lIed by the following vote: Councll Vote: Affirmatlve: Councilmembers Epstein, Jennings and Reed Negatlve: Councilmembers Conn, Press, lane and Mayor Edwards Councilmember Jennings moved an amendment to add "grandparent" to the llst of relatives in Section 1806(h) regarding recovery possession. Second by Councllmember Reed. With the consent of the second, the maker accepted the amendment as fr lendly and lncorporated it into the maln motion. Councllmember Jennings moved an amendment to delete the proposed language in Section 1806(h)(2) and replace it wlth the following language: "No eviction may take place if any enumberated relati ve already occupies one unl t of the property other than together with the landlord. The evicted tenant or tenants shall be flrst glven the right to occupy any vacant unlt on the property and the rent thereof shall be the lesser of the maximum allowable rent for the vacant unit and the maximum allowable rent of the uni t from which the tenant or tenants are evicted. The Rent Control Board shall promulgate regulations defining when a unit lS comparable for purposes of this paragraph." Second by Councilmember Reed. D1SCUSSlon was held. The motion falled by the followlng vote: Councll Vote: Afflrmative: Councilmembers Jennings and Reed Negatlve: Councllmembers Conn, Epstein, Press, lane and Mayor Edwards 9 July 24, 1984 2 Councilmember Jennin~s moved an amendment to add a Section 1803(t) (5) to read as follows: "Nothing in this Article shall preclude the abIlIty of the City to require removal of units when necessitated by health and safety concerns or when such units are in vIolation of CIty zorllng or other ordinances." Second by Councllmember Reed. The motIon failed by the following vote: CouncIl Vote: AffirmatIve: Councimembers and Reed Epstein, JennIngs Negative: Councllmembers Conn, Press, lane and Mayor Edwards Councilmember Epstein moved an amendment to add a sentence in Section 1802 (e), having to do with Conforming Regulatlons, to read as follows: "The subject matter of such replacement regulations shall be limited to rent control matters as enumerated in thIS ArtIcle," to make It clear they have no authorization in loning and PlannIng. Second by Councilmember Reed. The maker accepted the amendment as friendly and Incorporated it into the maIn motion. Councilmember Jennin~s moved an amendment to delete Section 1803(t)(3), ("that the removal of the controlled rental unIt will not adversely affect the supply of housing in the City.") Second by Councilmember Reed. The motIon failed by the following vote: Council Vote: AffIrmatIve: Councilmembers Epstein, Jennings and Reed Negative: Councilmembers Conn, Press, lane and Mayor Edwards CouncIlmember lane moved an amendment to SectIon 1809(b)(2), changing from $500 in liability damages payment to $1,000, In the event of excessive rent, etc. Second by Mayor Pro Tempore Press. DIScussion was held. The motion faIled by the following vote: CouncIl Vote: Affirmative: Councilmembers Conn, Zane Press and Negati ve: Councilmembers EpsteIn, Jennings, Reed and Mayor Edwards Councilmember Reed moved an amendment to delete language in Section 1801 (h), defini tlon of rental un its, as follows: "and other real propertIes used for living or dwelling purposes,". Second by Councllmember JennIngs. Discussion was held. With the consent of the second, the maker accepted the amendment as friendly and Incorporated It into the main motion. During discussIon, Councllmember Zane moved to delete Section 1805 (I), hav ing to do wIth LimIted Vacancy Decontrol with the understandIng that Council would meet the following week and 10 July 24, 1984 31 reconsider this issue, the interIm to allow for more tIme to consider the implications of the language. Second by Mayor Pro Tempore Press. Discussion was held. Councilmember Epstein. moved a substitute to the amendment regarding Section 1805(1) to delete the sub headIng "Limited Vacancy Decontrol", in the second line, change the words "limited decontrol" to "Increases of rents", In the fourth line, delete "or moderate Income", and in the seventh lIne, change the word "decontrol" to read "such increases". During discussion, Councilmember Epstein amended the motIon to delete the word "moderate" throughout thIS text, and delete Section 1805 (i) (1) , having to do wIth properties not being eligIble for vacancy decontrol unless a certain percentage of units are occupied by low income tenants. After discussion, Councilmember Epstein read reVIsed Section 1805(i) as follows: "The Board may enact regulations to prOVIde for Increases of rents on voluntary vacated units, properties where the landlord has dedicated a percentage of unIts to be rented to persons of very low or low Income at affordable rents. The Board may enact procedures and other regulations governing determinatIon of the conditions upon which such Increases will be permitted,". The rest of the paragraph to remain as wrItten and the next paragraph to remain as written; then delete Section 1805(i)(1); delete the word "moderate" from the fIrst lIne of Section 1805(i)(2), so that it reads "tenants of very low or low lncomen; due to the deletion of the original Section 1805(1)(1), Section 1805(1)(2) would then become SectIon 1805(1) (1). Second by Councllmember Reed. DISCUSSIon was held. DurIng dISCUSSIon, Councilmember EpsteIn Included In his motion that the above would apply "on units voluntan.ly vacated after the effectl ve date of this Article". DIScussion was held. Councilmember lane moved an amendment to the SubstItute to retaIn the origwal Secfion 1805(1)(1), haVlng 0 do with the Vacancy Decontrol Program percentage; delete the word "moderate" in thIS subsection and change the percentage of low or very low income tenants from no less than twenty percent to no less than fifteen percent. Second by Mayor Pro Tempore Press. Discussion was held. During diSCUSSIon, Councilmember lane deleted the word "continuously" before the words "be occupIed by tenants of very low or low income.n. During discussion, Councilmember lane restated his motIon as follows: changing twenty percent to fifteen percent and elImInating the words "moderate" and "continuously" in SectIon 1805(1)(1). The motIon was approved by the following vote: CounCIl Vote: AffirmatIve: Councilmembers Conn, JennIngs, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed During discussion, Councilmember Epstein readSection 1805(i) into the record: "The Board may, in its discretion, enact regulations 11 July 24, 1984 4 to prov1de for increases of rents on un1 ts voluntar1ly vacated after the effective date of this subsect10n in properties where the landlord has dedicated a percentage of units to be rented to persons of very low or low income at affordable rents. The Board may enact procedures and other regulat10ns governing determ1nation of the conditions upon Wh1Ch such 1ncreases w1Il be perm1tted, the extent of the increases, the requ1red mix of affordable un1 ts to be prov~ded, ways to ensure the continued proV1sion of affordable housing under tbis subsectIon, the terms and condit1ons applicable when landlords cease to partic1pate or when tenants vacate or cease to qualifY for units dedicated to affordable housing, and other measures it deems necessary. "If the Board enacts regulations under this subsect1on, 1t shall provlde for the following: "( 1) That a property shall not be eligible for th1S program unless a specifled percentage of all units on the property. no less than fifteen (15) percent, will be occupied by tenants of very low or low 1ncome and the rent on each un1t so occupied does not exceed a specified percentage, no greater than thirty (30) percent, of such tenants' income." Mayor Ed~ards moved an amendment to the substl tute motion to delete the word "moderate" from subsection (2) so that it read "very low or low Income occupying units and leave everything else as stated by Councilmember Epstein above. Councilmember Epstein accepted the amendment lnto the motion. During discUSSlon, Councllmember Epsteln included in the motlon that the words "vacancy decontrol" in the subsection (2) should be eliminated. The motion was approved by the following vote: Council Vote: Afflrmative: Councilmembers Jennings, Press, Edwards Conn, Reed Epstein, and Mayor Negatlve: Councilmember Zane Councilmember Jennlngs moved an amendment to delete Section 1802(e), regardlng the ConformIng Regulations of this Art1cle. Second by Counc Ilmember Reed. Discussion was held. The motlon failed by the following vote: Council Vote: Affirmat1ve: Councilmembers Jennings and Reed Negative: Councilmembers Conn, Epstein, Press, Zane and Mayor Edwards Councllmember Jennin~s moved an amendment to delete Section 1802, Integrity- and Autonomy of the Board. The amendment falled for lack of a second. 12 July 24, 1984 31~ The City Attorney noted a typographical error in Sectlon 1814, thIrd line, in which the word "incorporation" should read "Incorporate". Discussion was held. Councilmember EpsteIn moved an amendment to Section 1805(h) (2), regarding prohibfting rent increases related to health law vIolations, etc., to delete all but the fIrst sentence. Second by Councllmember Reed. Discussion was held. The motion faIled by the followIng vote: CouncIl Vote: AffIrmative: Councilmembers Epstein, Jennings and Reed NegatIve: Councilmembers Conn, Press, Zane and Mayor Edwards The main motion, to approve the wordIng of ExhibIt 2, Proposed Ren t Control Charter Amendment, as amended, was approved by the following vote: Council Vote: Affumati ve: Councilmembers Press, Reed, Edwards Conn, Zane Epstein, and Mayor Negative: Councllmember Jennings Councllmember Jennings requested the record reflect two reasons for his no vote: (1) that the existing Rent Control Charter Amendment has worked well to protect the tenants and should not tamper with a good thing, and (2) the Rent Control Board cannot be trusted with the powers as given here, and they should not be given powers that are not subject to any reVIew. Discussion was held. Councilmember Epstein moved to approve Exhiblt 4 (Charter Amendment regarding ExpendIture Limltatlon Increase for Capltal Improvements and Outlays of the resolution call1ng the election with an amendment on page 2, thlrd line, to change the phrase, "capital needs such as libraries..." to read flcapital needs for libraries...". Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Epstein moved to adopt Resolution No. 6889 (CCS) entitled: "A RESOLOTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1984," readlng by title only and waiving further readlng thereof, includlng all exhibIts as amended. Second by Mayor Edwards. Councilmember Epstein requested the record to reflect that though he is not dlscussing the Nuclear Free Zone matter, does not indicate he has changed hls mlnd about even thls its 13 July 24,1984 6 constitutIonality. DIScussion was held. The motion was approved by the fOllowing vote. CouncIl Vote: Affirmative: CouncIlmembers Press, Reed, Edwards Conn, JennIngs, Zane and Mayor Negative: Councilmember Epstein Councilmember Epstein requested the record to reflect that his no vote is based solely on his belief that the Nuclear Free Zone inItiative is unconstItutional and therefore should not be on the ballot. Councilmember EpsteIn moved to adopt Resolution No. 6890 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE REGULAR MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 1984," readIng by title only and waI ving further reading thereof. Second by Mayor Edwards. Discussion was held. The motIon was approved by the followIng vote: CouncIl Vote: Unanimously approved 7-0 Mayor Edwards moved to adopt Resolution No. 6891 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A REGULAR MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 6, 1984 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 23302," readIng by title only and waiVIng further reading thereof. Second by Councilmember JennIngs. The motion was approved by the followIng vote: Council Vote: Unanimously approved 7-0 CouncIlmember Epstein. moved to adopt ResolutIon No. 6892(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1984," reading by tItle only and wai ving further readIng thereof. Second by Mayor Pro Tempore Press. The motion was approved by the fOllowIng vote: CouncIl Vote: Unanimously approved 7-0 11-A: DOUBLE LEFT TURN LANJ::/PICO BOULEVARD: ConSIdered earlier 1n the meeting. 11-8: COMMUNITY DEVELOPMENT PROGRAM: Continued to August 14, 19B4~ 14 July 24, 1984 31 11-C: CLOSED SESSION: Held at begInnIng of meeting as a SpecIal Meeting. 13-A: SANTA MONICA COMMUNITY COLLEGE ELECTION CONSOLIDATIN: Presented was the request of Santa Monica Community College to address Councll regardlng consolidation of thelr electio wIth the CIty on November 6, 1984. Ilona Katz noted that she had presented the request for consolidatIon durIng the public hearing under Item 9-A on the same subject. 13-B: TEAMSTERS LOCAL 911/CONTRACT NEGOTIATIONS: earlIer in the meetlng. Considered 14-A: ARCHITECTURAL REVIEW BOARD: Presented was a resignation from Architectural Review Board Member EIleen Hecht (due to her appointment to the PlannIng CommIssion). Councilmember Reed moved to accept the res1gnation and authorize the City Clerk to publISh a notice of vacancy. Second by Mayor Pro Tempore Press. The motIon was approved by unanimous vote. At 12:56 A.M., Councilmember EpsteIn moved to adjourn the meetIng In honor of the 1984 Olympics to be held 1n Los Angeles and in memory of Dr. Max Cutler, W1lliam D. Whitman, John Lyon Kennedy and the 21 people who died at McDonald's in San YSidro, Cal1fornia. ATTEST: ~~~ Z:::EU-- 'J Ann M. Shore C1ty Clerk Ken Edwards Mayor 15 July 24, 1984