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