M-7/17/1984
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 17, 1984
A meeting of the Santa MonIca City Council and Rent Control Board
was called to order by Mayor Edwards at 7:35 P.M. in the Council
Chambers, having been adjourned from July 10, 1984.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councllmember James P. Conn
Councilmember DavId G. Epstein
Councilmember William H. Jennings
Councilmember Christine E. Reed
(arrived 7:45 P.M.)
Councilmember Dennis Zane
(arrived 7:40 P.M.)
City Manager John H. Alschuler. Jr.
City Attorney Robert M. Myers
City Clerk Ann M. Shore
Roll Call of Rent Control Board:
Present: Chairperson Leslie Lambert
Vice Chairperson DavId Finkel
Board Member Wayne Bauer
Board Member EIleen Lipson
(arrived 7:38 P.M.)
Board Member Patricia Nagler
Rent Control Administrator Howell Tumlin
ActIng Senior Attorney Joel Levy
Board Secretary Jean Hobson
CC/RCB-l:. RENT CONT~OL . CHARTER AMENDMENT: Presented was
Supplemental Staff Report No. 3 and addi tioni:!l informatlon from
staff regarding proposed modIfications to a Rent Control Charter
Amendment to be included on the ballot of November 6, 1984.
Discussion was held. Councilmember E.psteIn moved, for diSCUSSIon
purposes, approval of the revised draft Rent Control Law
amendment prepared by the City Attorney to be amended during
discussion and direction to the City Attorney to present ballot
measure wording for Council approval on July 18, 1984. Second by
Mayor Edwards.
During discussIon. the following motions were made.
Councilmember Reed moved an amendment to the language on page 2
of the staff report, probably to be included in SectIon 1815 if
the City Attorney concurs, to read "single family homes are
July 17, 1984
295
exempt from the removal and reglstration requirement of thls
Article except that such units whlch are rented as of the date
after the electlon, let's say November 7, 1984, shall be sUbJect
to all provisions of this Charter Amendment. These rented single
family homes, the ones as of November 7th, may be permanently or
shall be permanently decontrolled either upon voluntary vacancy
of current tenant or contlnuous occupancy by Owner for one year,"
that concept to be included in legal language. Councilmember
Epstein, as the maker of the original motion and wlth the consent
of the second, accepted the amendment as friendly and
incorporated it into the main motion.
Counc1lmember Zane moved an amendment to proposed Section 1815
that language read "Slngle famlly dwellings in R-1 areas that are
currently owner-occupied as of this date--today--are exempt from
all the provisions of this article. Any single family dwell1ng
1n any area of the City, Wh1Ch is currently rented as of today,
stays subject to the rent control law." After discuss1on,
Councilmember Zane withdrew the motion stating his intent to make
the motion again at a later appropriate t1me. r
Councilmember Epsteln moved an amendment to delete, on page 2 of
the draft text, Sectlon 1801 (c) (4) (ili), "Nothw1thstand1ng any
other provisions of this Art1cle, an exemption under th1S section
shall not excuse the owner from the requirement of obtaining a
permi t to remove any unl ts from the rental hous1ng market In
accordance with th1S Article," Wh1Ch basically subjects two and
three unit buildlngs to the removal permit process. Second by
Councilmember Reed. The motion was approved by the following
vote:
Council Vote: Aff1rmative: Councilmembers Conn, Epstein, Reed
and Mayor Edwards
Negatlve:
Councilmembers Press and Zane
Absent:
Counc1lmember Jennlngs
Councilmember Epsteln moved an amendment to Section
that the Rent Control Board budget submittal
schedule be the same as the Cl ty' s. Second by
Reed. Mayor Edwards, the second, accepted the
friendly and it was therefore 1ncorporated into the
1802, Budget,
and adoption
Counc ilmember
amendment as
main motion.
C_ouncllmember. Epsteln.moved to add 15 days to the time schedule
for review of the draft budget and that a copy be transmitted to
the City Manager. The motion falled for lack of a second.
CouncilmemberEpsteinmoved, on page 5, Subsection (d), to delete
"legislative lobbY1St" from the employment contracts. The motion
was duly seconded and failed by the following vote:
Council Vote: Aff1rmative: Councilmember Epstein
2
July 17, 1984
Negative:
Councilmembers Conn, Press, Reed,
Zane and Mayor Edwards
Absent:
Councilmember JennIngs
C~unc~lm~mber Reed moved to delete the last two lines on page 5,
S0bs~ction (e), ConformIng Regulations, which read "and
~ncons~stent ordInances of the City Counc~l to the extent
necessary to resolve any inconsistency. II The motion failed for
lack of a second.
Counctlm~mber Zane moved to direct the City Attorney to draft for
review new language in Subsection (e) to achieve the obJectives
of the autonomy of the Board wlth respect to these regulations,
that the Board supersedes the Councll with respect to matters
pertainIng to rent control only. There belng no objection from
the second, Councllmember Epstein accepted the amendment as
frlendly to the motion.
Councilmember Zane moved an amendment suggested by the CIty
Attorney in regard to Subsection (e) to put a perlod after
"Artlclell, strike lIand inconsistent ordinances of the City
Council to the extent necesary to resolve any inconSIstency," and
add to the fourth line so that It read "the Board and not the
CIty Council should have the authority to adopt replacement
regulations.1I The mover and the second accepted the amendment as
frlendly and It was incorporated Into the main motion.
Councilmember Reed moved an amendment in regard to Section
1802(b), Personnel, In discussion with the CIty Attorr::ey to add
language that 1I0nly those prOVISIons of the MuniCIpal Code that
shall be applicable to employees of the Rent Control Board are
those prOVISIons that the Rent Control Board makes applicable to
its employeesll and to delete the last sentence which reads IIAny
regulation, POlICy, or memorandum of understanding of the Board
consistent with this subsection shall prevail over inconsistent
provisions of the Municlpal Code and other ordinances or
resolutlons of the Clty Council.1I Second by Councilmember
Epsteln. There belng no obJectIon from the second, Gouncilmember
Epstein Incorporated the amendment Into the main motIon.
Member of the PUbIC James Baker spoke in objection to the
security deposlts procedure. Councilmember EpsteIn moved an
amendment on page 9, SubsectIon (s), Security Deposlts, to glve
the Board dlscretion to deal Wl th thIS issue by regulation, and
not to put it into the Charter. Second by Councilmember Reed.
Mayor Edwards, as the seconder, accepted that as a friendly
amendment to be incorporated Into the maIn motion.
Councilmember Epstein moved an amendment to the bottom of page
10, Subsection (3) regardlng the Housing Element, to reflect hIS
concern that the legislative lntent is not in any way to modify
or invalIdate the prOVlsions of Propositlon X (Tenant OwnershIp
Rights), that the way this is written may require a removal
3
July 17, 1984
297
permit for Proposition X conversions. During discussIon with the
City Attorney, the amendment was rephrased to add a sentence that
thIS does not apply to any tentative map or parcel map processed
In accordance with ArtIcle XX of the Charter; further, to delete
the words >>nor issue a ReSIdential Building Report>>. Second by
Councllmember Reed. WIth the consent of the maker and the
second, the amendment was incorporated into the main motion.
During discuSSIon and wIth the consent of the second,
Councllmember Epstein moved an amendment to direct the City
Attorney to return on July 24th WIth draft language alternatives
in regard to page 13, SubsectIon (14), decisions decreaSIng rents
related to correctIon of defects, to provIde for retroactive
reInstatement of rent to the landlord.
The maker and second agreed to incorporate Into the maIn motIon
the request of Councilmember Zane for clarification of Section
(2) on page 14, prohibiting a rent increase if a unit has
habitability problems, as recommended by the CIty Attorney to
add that the unIt for which the rent increase is beIng sought and
the common area IS not subject to violatIon.
Councllmember EpsteIn moved an amendment on page 15, Subsection
(2), to have that language remaIn the same as it is In the
eXIsting Charter Amendment ("Has failed to comply substantially
wi th any applicable state or local hOUSIng, health or safety
law," as one of the reasons no rent increase is permItted),
addItional wording to be deleted. Second by Councilmember Reed
for purposes of diSCUSSIon. The motion failed by the follOWIng
vote:
Council Vote: AffIrmative: Councilmembers EpsteIn,
Edwards
Reed and
Negative:
Councllmembers Conn, Press and lane
Absent:
Councllmember Jennings
Councilmember Reed moved an amendment to delete SectIon (3) on
page 15 of the draft amendment which IS all the part having to do
with no rent increases if any units are kept vacant. Second by
Mayor Edwards for purposes of diSCUSSIon. Councilmember Epstein
moved a substitute amendment to direct the CIty Attorney to draft
language which would increase the vacancy holding period from
three months to six months, In effect saying that holding two
unl ts off the market or less than 15% of the units on the
property off the market does not count and is WIthin the bounds;
but if more than two units or more than 15% are withheld for more
than six months, the good cause procedure may be brought before
the Rent Board. The motIon failed for lack of a second. Mayor
Edwards moved to contInue the meetIng past 11:00 P.M. Second ~~
Councilmember EpsteIn. The motIon to contInue the meetIng was
approved by unanimous vote. The substItute motIon was approved
by the following vote:
4
July 17, 1984
Counc1l Vote
Affirmatlve: Counc1lmembers Conn, Press, Reed,
Zane and Mayor Edwards
Negat1ve:
Councilmember Epstein
Absent:
Councilmember Jenn1ngs
Councilmember Epstein requested the record to reflect that he
does not support thIS section in its present form; he believes
the problem 1S a ser10US one and the issue of alternative methods
ought to be explored further before this is approved.
Councilmember Zane moved deletion of Section 1805(g) on page 15
which reads "the Board shall provide an expedited procedure for
consideration of rent 1ncreases for capl tal improvements where
both the landlord and the current tenant(s) of the affected units
concur in the nature of the capi tal improvements to be made or
already made. All other rent 1ncreases for capital improvements
shall proceed accordlng to regular admlnistrative procedures."
Second by Mayor Pro Tempore Press. The motion was approved by
the following vote:
Council Vote: Affirmative: Gouncilmembers Conn, Epstein, Press,
Zane and Mayor Edwards
Negative:
Gounc1lmember Reed
Absent:
Councilmember Jennings
Councilmember Reed moved an amendment to retain the original
language of the Rent Control law in Section 1806, Subsection (h),
to permit exceptions for the larger list of relatives. Second by
Councilmember Epstein. Councilmember Zane moved to table this
motion, move on to the other sect1ons, and return to this one,
rather than raising another separate motlon at a later time.
Councllmember Epstein seconded the motion to table until
discussion is held in regard to the remaining parts of Section
(h). The motlon was approved by voice vote of four to two,
Councilmember Jennlngs absent. Councilmember Epstein moved an
amendment to direct the City Attorney to prepare language
bas1cally gi vwg the Board author1 ty to explore and promulgate
regulations allowing for owner occupancy eV1ctions 1n cases of
hardship and/or providing tenant protection in cases of hardship.
Second by Councilmember Zane for purposes of d1Scussion. The
motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
Mayor Edwards moved an amendment 1n regard to Section (4), page
16, so that it read "the landlord or enumerated relat1ve must
lntend in good faIth to move into the unit w1thln 30 days after
the tenant vacates and to occupy the unit as a prlmary residence
5
July 17, 1984
299
for at least
Councl.lmember
vote:
one year (rather than six months).
Zane. The motl.on was approved by the
Second by
following
Cuonci Vote:
Affl.rmative: Councilmembers Conn, Press, Zane and
Mayor Edwards
Negative:
Councllmembers Epstein and Reed
Absent:
Councl.lmember Jennings
Councilmember Reed requested the record to reflect that she l.S
not willing to vote for this motion until a determination has
been made on the matter of all relatives.
Councilmember Zane moved an amendment to Section (5) (iii), page
i 7, to include at f::clr-ney I s fees along with the expenses incurred
l.n moving. Durl.ng discussion Wl.th the City Attorney,
Councilmember Zane modl.fied the motion to add to the last
sentence on page 17, before Section 7, "Any violation of thl.s
Section shall render the landlord liable to the tenant in an
action for actual and punitive damages including costs and
reasonable attorney's fees." Second by Councilmember Epstein.
The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
Councilmember Epstein moved to take from the table Councilmember
Reed's amendment regarding the list of relatives for which a
landlord may recover possessl.on. Second by Councilmember Conn.
The motion was approved by the following vote:
Council Vote: Unanl.mously approved 6-0
Absent: Councilmember Jennl.ngs
Councilmember Reed repeated her amending motion to delete the
strl.ke-outs on page 16, Section (h), so that the language
remains, the way it was origl.nally included in the Rent Law (liThe
landlord seeks to recover possession in good faith for use and
occupancy of herself or himself, or her or his children, parents,
brother, sister, father-in-law, mother-l.n-law, son-l.n-law, or
daughter-in-law. "). The motl.on was approved by the followl.ng
vote:
Counel.l vote: Unanimously approved 6-0
Absent: Councilmember Jennings
Councilmember Epstel.n moved an amendment on page 18, Section 7,
Subsectl.on (b) (1) regarding medl.ation, to make it discretl.onarYi
that l.3, the Board may by regulation provide up to a sixty day
6
July 17, 1984
)
stay for the offerIng of mediation services. Second by
Councilmember Reed. Councilmember Conn moved a substItute motIon
to delete the Subsection. Second by ~ayor Edwards. During
dIScussion, Councilmember Conn wIthdrew the substItute motIon.
Councilmember Epsteln, with the consent of the second, amended
the motion to revise Subsection (b)(1) as suggested by the City
Attorney to accord the tenant a 120-day tlme period in which to
be heard in the same way as the landlord. Second by
Councilmember Conn. Councilmember lane moved a Substltute
amendment to delete in Subsection - (b)(1) th~ reference to
medlatlon and provlde for a 120-day time limit from the date of
flling of elther a complalnt or a rent decrease petitlon durlng
which the Board shall act upon the matter. Second by Mayor
Edwards. During discussion with the Clty Attorney, and with the
consent of the second, the motion was amended to delete the
phrase having to do with a petlt10n for rent decrease. The
motlon was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
Councllmember Reed moved an amendment to page 18, Section 7(a),
lastU llne, to delete the words "willfully or" preceding "with
oppression, fraud or malice," 1n regard to a landlord demanding,
etc., rent in excess of the lawful rent. Second by Councilmember
Epstein. The motion fa1led by the follow1ng vote:
Council Vote: Affirmative: Councllmembers Epstein and Reed
Negat1ve:
Councilmembers Conn, Press, lane and
Mayor Edwards
Absent:
Councilmember JennIngs
Councilmember Zan~ moved an amendment to direct the City Attorney
to diaff-la~iuai~ t6jt would permit the Board or the tenant to
file a civil action subsequent to any resolution of an
admInistrative action. During discussion, the motlon faIled for
lack of a second.
Ccuncilmember Reed moved an amendment to delete additional
language wSect1.on 1810 on page 19 of the proposed draft and
retain the orlglnal wording in Sectlon 1810 of the Rent Control
law provldlng that "any landlord violatIng th1S law shall be
guil ty of a mlsdemeanor, etc." Second by Councilmember Conn.
The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
There being no object1on, the City Attorney was directed to
return to the meeting next week Wl th alternatives provid1ng for
7
July 17, 1984
30J
the single-family home exemption, page 20 of the draft under
discuss~on.
Dur~ng d~scussion 1n regard to Proposition X (Tenant Ownership
Rights), Councilmember lane moved an amendment to direct the City
Attorney to draft language clarifying the questlon of whether
people lost their protect~on from owner-occupancy evictlons after
the so-called five year lease so the intent of the drafters of
the measure is made clear that protection against being evicted
for owner-occupancy or relatlve-occupancy in such a converted
unit was to continue in perpetuity so long as you are a tenant.
Second by Councilmember Epstein. There being no obJection from
the second, Councilmember Epstein incorporated that amendment
into the main motlon. There also being no obJection,
Councilmember Epsteln added to the main motlon, in regard to
Proposlton X and page 17, ltem (6) of the draft regardlng
eviction protections, direction to the City Attorney to draft
clarify~ng language that this sectlon would not apply to any
conversion approved under Proposition X.
Councilmember Reed moved an amendment to direct the Clty Attorney
to draft languag~ WhlCh would enable the Rent Control Board, by
regulat~on, to enact some sort of voluntary program whereby
landlord's receive rent lncreases upon voluntary vacancy ~n
amounts determined by the Board provided the landlord sets aside
a specifled number of low/moderate ~ncome unlts, such as proposed
in a communication from Attorney Christopher Harding. Second by
Mayor Edwards. There being no obJection, Councilmember Epstein
incorporated the amendment ~nto the main motion.
The main motion to approve modifications to the proposed Charter
Amendment to the Rent Control Law to be consldered agaln on July
24, 1984, was approved by the followlng vote:
Counc~l Vote: Unanlmously approved 6-0
Absent: Councl1member Jennings
ADJOURNMENT:
At 1:27 P.M., the meeting of the Rent Control Board was adjourned
by motlon, second and unanimous approval.
At 1:27 A.M., Councilmember Epstein moved to adjourn the meeting
of the City Council, adjournment to be in memory of Rabbi Edgar
8
July 17, 1984
F. Magnin. Dorothy Jackson Pasick and Paul Potter. Second by
Mayor Edwards. The mot~on was approved by the following vote:
Counc~l Vote: Uanimously approved 6-0
Absent:
Councllmember Jennings
~>>~
zr:' 4--- ~
ATTEST:
Ann M. Shore
City Cl erk
Ken Edwards
Mayor
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July 17. 1984