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
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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
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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
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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:
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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
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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