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M-072210CITY OF SANTA MONICA CITY COUNCIL MINUTES JITLY 22, 2010 A special meeting of the Santa Monica City Council was called to order by Mayor Shriver at 5:53 p.m., on Tuesday, July 22, 2010, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Bobby Shriver Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook (arrived at 6:48 p.m.) Councilmember Kevin McKeown Councilmember Terry O'Day Also Present City Manager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Comicil convened at 5:53 p.m., with Councilmember Holbrook absent. Councilmember O'Day led the assemblage in the Pledge of Allegiance. CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 5:54 pm., to consider closed sessions and reconvened at 6:20 p:m., with Councilmember Holbrook absent, to report the following action taken: 2-A: Conference with Legal Counsel -Anticipated Litigation: Anticipate significant exposure to litigation pursuant to Government Code Section 54456.9 {b): 1 case The City Attorney reported that this case was heard with no reportable action taken. 2-B: Conference with Legal Counsel regarding Claim No. 09-8140 - Claimant's name: State Farm General Insnrance Co. Motion by Councilmember Davis, seconded by Councilmember July 22, 2010 McKeown, to approve settlement, for damages caused by water damage, in the amount of $30,968.82. The motion was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: Councilmember Holbrook 2-C: Conference with legal Counsel -Initiation of Litigation pursuant to subdivfsion (c) of Section 549569: 1 case The City Attorney reported that this case was not heard. ORDER OF AGENDA On order of the Mayor, and with consensus of Council, Item 8-B and Item 13-A to be heard before 8-A. STAFF ADMIN ITEMS: 8-B: Recommendation to provide further au#horization to Council TRANSACTION AND USE Members to file arguments in support or in opposition of the TAX MEASURE advisory measure related to the one-half percent transastion and use tax measure that was approved, for placement on the November 2010 ballot, at the regular Council meeting of July 13, 2010, was presented. Members of the public Pro Se, Denise Barton, and Jerry Rubin commented on various aspects of the recommendation. Motion by Mayor Shriver, seconded b~ouncilmember Davis, to authorize Councilmembers to file arguments in support or in opposition of the advisory measure. The motion was approved by unanimous voice vote, with Councilmember Holbrook absent. Councilmember O'Day nominated Councilmember Bloom to be designated to file the argument in favor of the advisory measure. The nomination was approved by acclamation, with Councilmember Holbrook absent. COUNCILMEMBER 13-A: Request of Councilmembers Davis and McKeown that the DISCUSSION ITEMS: Council authorize a delay in the swearing-in of newly appointed Planning Commissioner Jennifer Kennedy until affter the completion of her Rent Controd Board term in November, was presented. Member of the public Jerry Rubin spoke in favor of the recommendation. July 22, 2010 Motion by Counci}member McKeown, seconded by Councilmember Davis, to postpone the seating of Jennifer Kennedy on the Planning Commission until after the November 2 election. The motion was approved by unanimous voice vote with Councilmember Holbrook absent. `TENANT PRO'T'ECTION 8-A: Proposed Ballot Measures to Better Protect Tenants, Protect MEASURE Affordable Housing, Preserve Community Stability and Diversity and Promote Fair Housing -recommendation to: adapt Resolution No. Councilmember Holbrook 10514 (CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF arrived at 6: ~48 p.m. THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE PROPOSING TO PROTECT TENANTS FROM UNJUST EVICTION AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, AND AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSITION AND DIRECThi 1G THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE", was presented. Members of the public Joey Fullmer, Richard Hilton, Denise Bartan, Todd Flora, Jerry Rubin, Denise McGranahan, Andrew Walzer, Ana Jara, Marilyn Korade-Wilson, Michael Tarbet, and Valerie Griffin spoke in support of the proposed measure. Motion by Councilmember McKeown seconded by Councilmember Bloom, to adopt the Option 3 resolution which protects tenants in both controlled and uncontrolled units, exempting single-family homes, reading resolutions by title only and waiving fiirther reading thereof. City Attorney Marsha Moutrie read into the record changes to proposed language appropriate to the exemption of single family homes in Oprion 3. Ms. Moutrie also suggested addressing member of the public Richard Hilton's concern regarding adeed-restricted rental unit in which at the end of the term the qualified tenant moves out, there being a remaining tenantlpartner who is not qualified and may cause restriction to be ignored, by adding the following language: ".... or in the case of a deed-restricted or some other affordable unit remains an unqualified tenant or a tenant who is otherwise ineligible to occupy the unit ..." Councilmember McKeown incorporated the suggestion into his motion with consensus from the seconder. The motion, as amended, was approved by the following vote: AYES: Councilmembers McKeown, O'Day, Davis, Holbrook July 22, 2010 Bloom, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None Councihnember Bloom stated for the record that earlier when member of the public Andrew Walzer finished his comments, and was asked whether instances where very unfortunate circumstances are visited upon tenants could happen to anyone, including Mr. Walzer, Mr. Walzer responded by nodding his head. Motion by Mayor Pro Tem O'Connor, seconded by Mayor Shriver, to direct the City Attorney to prepare an impartial analysis for each measure placed on the ballot. The motion was approved by unanimous voice vote, with all members present. It was the consensus of Council that Councihnember Bloom and Mayor Shriver are authorized to file an argument in favor of the measure and either only one or both of them may sign. ADJ®IJi2NMENT: On order of the Mayor, the City Council meeting was adjourned at 7:2b p.m. in memory of Gregory Winters tte Baran. ~~ ATTEST: A P ED: ~`~R~.-~k~ ~~ ~ ~C>`. Marra M. SS ewa{~ Bo by Shriver City Clerk Ma ar July 22, 2010