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M-7/25/1990 192 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 25, 1990 An adjourned meeting of the Santa Monica city Council, continued from Tuesday, July 24, 1990, was called to order by Mayor Zane at 7:44 P.M., on wednesday, July 25, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Ken Genser (arrived at 7:46 P.M.) councilmember William H. Jennings (arrived at 10:54 P.M.) Councilmember Herbert Katz (arrived at 10:15 P.M.) Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmember Reed led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 5-A: APPEAL OF ANGELO GARZIERI/PAWNBROKING LICENSE: Presented was the request of Angelo Garzieri to address Council regarding selling the business license for his pawnshop, Angelo's Antiques and Loan at 206 Santa Monica Boulevard, the transfer of his pawnbroking license to a prospective buyer. Council asked questions of Mr. Garzieri and staff. Discussion was held. No action was taken. Mayor Zane moved to hear Item 8-D after Item 11-A. councilmember Ganser. The motion was unanimously Councilmembers Jennings and Katz absent. Second by approved, 8-E: UTILITY USER TAX: Presented was an ordinance for adoption and second reading amending Santa Monica Municipal Code sections 6621, 6622, 6623, and 6623A to increase the Utility User Tax. Councilmember Genser moved to hear from members of the public for two minutes each. The motion was duly seconded and unanimously approved, councilmembers Jennings and Katz absent. At 8:00 P.M., Mayor Zane declared the public hearing open. Members of the public Polly Benson-Brown and John Jurenka spoke in opposition to the proposed tax increase. Councilmember Genser moved to adopt Ordinance No. 1533 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6621, 6622, 6623, AND 6623A TO INCREASE THE UTILITY USER TAX," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: 1 July 25, 1990 .l~j council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Absent: Councilmembers Jennings, Katz 9-A: BALLOT MEASURES: Presented was a staff report transmitting resolutions adding measures to the ballot for the November election; requesting consolidation of election with Los Angeles County; requesting election services from Los Angeles County; and authorizing certain councilmembers to file written arguments on the ballot at the General Election. Discussion was held. Member of the public Richard Belmont addressed Council regarding amendments to the rent control law. Member of the pub 1 ic Al Kindt addressed Council regarding the actions of Rent control Board members, the Vacancy Decontrol Initiative, and the Ellis Act. Member of the public Joy Fullmer expressed her concerns. Member of the pUblic John Jurenka addressed Council regarding the Vacancy Decontrol Ini tiati ve and Rent Control amendments. Members of the public Phyllis Goff and Donna Satterfield stated their opposition to the proposed amendment concerning rent control for mobile home parks. Members of the public Chester Hoover, Tom Nitti, and Ronald Bruno spoke in support of the Vacancy Decontrol Initiative. Member of the public Pat Cramer expressed his concerns regarding the Rent Control Amendment. Councilmember Reed moved to hear late speakers. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, councilmembers Jennings and Katz absent. Members of the public Donna Alvarez and James Baker expressed their concerns regarding amendments to the Rent Control Law. Discussion was held regarding the TORCA amendment initiative. Mayor Pro Tempore Finkel moved to include Section 2018 (a) and 2018 (b) in the measure to be prepared by the City Attorney. Second by councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Counci1members Abdo, Finkel, Genser, Reed, Mayor Zane Absent: Councilmembers Jennings, Katz Discussion was held regarding a proposed amendment to the City'S Rent Control Law (Threshold Rent Program). Mayor Zane moved to designate the City Attorney's proposal as the initial model and, rather than use a rent schedule, that the standard for the threshold in the program be set at the rent level affordable to households with income equal to 70% of the county-wide median income, assuming that 30% of the household income is paid in rent; that the threshold adjust each year as the median income standard adjusts each year; that to qualify for this rent increase the landlord has to certify that the units have become vacant voluntarily and that they meet all applicable habitability codes; that a provision be established to assure new tenants in voluntarily vacated units, of at least three years tenancy~ that the landlord will comply with any other regulations that are adopted by the Rent Control Board and implemented into this 2 July 25, 1990 1.:14 program; that this measure will not foreclose the possibility that some fraction of those vacated units might be required to be occupied by income-appropriate persons, as certified by some public certification process; that a second program (Vacancy Rent Increase Tied to Maintenance) provide that upon voluntary vacancy landlords may get no less than 10% increase to meet certain maintenance conditions; provided that the Rent Control Board can create a progressive schedule; and that these programs might be considered additive, and a property owner may choose either one or both of the vacancy rent increase programs. Second by Councilmember Abdo. Discussion was held. Council asked questions of staff. Mayor Zane moved to amend his motion to provide that the threshold rent shall be raised by the annual general adjustment. The amendment was accepted by the seconder. Discussion continued. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Ganser, Mayor Zane Abstain: Councilmember Reed Absent: Councilmembers Jennings, Katz councilmember Katz arrived at 10:15 P.M. Discussion was held regarding the Inclusionary Housing Charter Amendment. Council asked questions of staff. Mayor Zane moved to direct the City Attorney to modify the proposed Charter Amendment to address his concerns regarding the development of a balanced program that would provide housing for low income, as well as median income households. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings This item will remain on the agenda for the meeting of July 31, 1990, at which time a supplemental staff report will be submitted transmitting amended resolutions. Il-A: CITIZENS PROTECTION ACT: Presented was a staff report transmitting the city Clerk's Certificate of Qualification for a petition proposing an amendment to the Charter of the City of Santa Monica regarding Citizens Protection Act of 1990. Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Finkel moved to receive the certificate of Qualification. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 3 July 25, 1990 195 At 10:30 P.M., Council adjourned for a short recess. At 10:48 P.M., council reconvened with all members present, except Councilmember Jennings. 8-D: LIMITATIONS ON ELECTION CONTRIBUTIONS: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code section 11209 relating to local limitations on campaign contributions. Councilmember Jennings arrived at 10:54 P.M. Council asked questions of staff. Councilmember Genser moved to extend the meeting to 12: 00 A.M. Second by Councilmember Reed. The motion was unanimously approved. At 11:20 P.M., Mayor Zane declared the public hearing opened. Members of the public Polly Benson-Brown, Bob Holbrook, JOY Fullmer, and John Jurenka expressed their concerns. Members of the public Jean Gebman, Donald Nelson, and Bruce Cameron stated their support of the proposed election law reform. Member of the public Donna Alvarez spoke in support of election law reform and expressed her concerns. councilmember Genser moved to adopt the staff recommendation limiting contributions by individuals, other than a candidate to his own campaign, to a total of not more than $250.00, (Attachement 3 to the supplemental staff report dated July 24, 1990) with the modification that broad-base committees are to be treated as individuals for the purpose of donations. Second by Mayor Pro Tempore Finkel. Discussion was held. Councilmember Reed moved to amend the motion to substitute July 24, 1990, for July 1, 1990, as the effective date. Second by Councilmember Katz. Councilmember Katz moved to extend the meeting to 12: 15 A.M. Second by Councilmember Genser. The motion was unanimously approved. Councilmember Reed's amendment was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Negative: Councilmember Genser Councilmember Abdo moved to amend the motion to set the contribution limit at $500. Second by Councilmember Katz. Discussion was held. The amendment was accepted as friendly. The motion to introduce the ordinance, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Zane requested that the record reflect that he believes a $500 limit is too high. l4-A: BUILDING HEIGHTS/OPEN SPACE: presente~ was the request of Councilmember Jennings to discuss encourag~ng open space by allowing taller, less dense development. Councilmember Jennings moved to refer this proposal to staff for evaluation. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmembers Genser and Reed opposed. 14-B: RESIGNATION/ROBERT BUNDY/BAYSIDE DISTRICT CORPORATION: Presented was a letter of resignation from Robert G. Bundy, Jr., 4 July 25, 1990 196 from the Bayside District Corporation. Councilmember Genser moved to accept the letter of resignation with regrets and authorize the City Clerk to add this position to the list of vacancies to be appointed. Second by councilmember Katz. The motion was unanimously approved. l4-C: RENT CONTROL EXEMPTION/STATE OWNED PROPERTIES: Presented was the request of Councilmember Reed to discuss support for an amendment to the Rent Control Charter Law that would provide a full exemption from rent control for state owned properties owned and controlled by the state as of July 19, 1990. Councilmember Reed moved to direct the City Attorney to draft language that would accomplish the above and return to Council on July 31, 1990, for Council consideration and inclusion on the November 6, 1990, ballot. Second by Councilmember Katz. Discussion was held. Councilmember Reed moved an amendment to her motion to exclude properties returned to the state on tax liens and properties donated to the state through inheritance or other purposes. The motion was approved, Councilmember Genser opposed, Mayor Pro Tern Finkel abstained. Councilmember Reed moved to extend the meeting to 12: 30 A.M. Second by Councilmember Genser. The motion was approved, Councilmember Katz opposed. 14-0: NICKEL-A-DRINK INITIATIVE: Mayor Zane to discuss support for Mayor Zane moved to express Nickel-A-Drink Initiative on the by Mayor Pro Tempore Finkel. approved. Presented was the request of the Nickel-A-Drink Initiative. Council's support for the November state Ballot. Second The motion was unanimously 14-E: CATCH BASIN STENCIL: Presented was the request of Mayor Zane to discuss approval of a catch basin stencil. Mayor Zane moved to direct staff to develop a stencil similar to the one proposed by "Heal the Bay" to be applied to catch basin covers throughout the City. Second by Councilmember Katz. The motion was unanimously approved. 14-F: COUNCIL CHAMBERS FEE/STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by the state Department of Housing and Community Development on August 7, 1990. Mayor Zane moved to waive the fee for use of the Council Chambers. Second by Councilmember Genser. The motion was unanimously approved. 14-G: ANCIENT FOREST AND WILDLIFE PROTECTION INITIATIVE OF 1990: Presented was the request of Mayor Zane to discuss support for the Ancient Forest and wildlife Protection Initiative of 1990. Mayor Zane moved to express Council's support for the Ancient Forest and wildlife Protection Initiative of 1990, on the November State Ballot. Second by Councilmember Reed. The motion was unanimously approved. 5 July 25, 1990 197 ADJOURNMENT: At 12: 20 A.M., the meeting was adjourned to July 31, 1990, at 6:00 P.M., in memory of David Goldway. ATTEST: APPROVED: ~.t<1 Clarice E. Jo sen City Clerk '" ~J }J~ ;' ~ Dennis zan~ Mayor 6 July 25, 1990