9. ADMINISTRATIVE ITEM (Public discussion is permitted.) A. Report on Impact of Market Rate Vacancies since January 1, 1999.

Transcription

1 CITY OF SANTA MONICA SPECIAL RENT CONTROL BOARD MEETING HEARINGS DEPARTMENT 2121 Cloverfield Blvd., Suite 101 THURSDAY, April 15, :30 P.M. AGENDA 1. CALL TO ORDER 2. RECESS TO CLOSED SESSION - Pending Litigation, Anticipated Litigation, Personnel, Real Estate Transactions (a list of items to be discussed is posted 72 hours before the meeting on bulletin boards on Council chamber door and outside Rent Control office) RECONVENE TO OPEN SESSION ROLL CALL -- PLEDGE OF ALLEGIANCE 3. APPROVAL OF THE MINUTES: March 25, SPECIAL AGENDA ITEM 6. CONSENT CALENDAR (Public discussion is permitted.) A. Appeals 1) D-3507: th St., #17, Appellants - Lambert (LL) Landlord appeals the decisions which grants a rent decrease for the fluctuation of water pressure to the unit. (Continued from 3/11/99) 2) D-3510: 1916 Arizona Ave., #1930-A, Appellant - Honda (LL) Landlord appeals administrative decision which granted rent decreases for miscellaneous items. 3) I-1457: 247 Bay St., Appellants - Stibel (TT, #247A)/Rosenblatt (LL, untimely) Tenant and landlord appeal the hearing officer's decision which grants rent increases. B. Proposed Findings of Fact and Conclusions of Law 1) D-3367: th St., #10, Appellants - Resnick (TT) 2) 390R-C: th St./1617 Broadway, Applicants - Westmark Harris Real Estate Investments II, LLC 7. JURISDICTIONAL ITEM (Public discussion is permitted.) B. Exemptions 4) Owner Occupancy 1) 1185: nd St., Applicant - Jacobson 2) 1186: th St., applicant - Morea Owners request an exemption of a three unit property based upon owner occupancy pursuant to 1801(c)(4). Recommendations - Grant 3) 1181: 1440 Franklin St., Applicant - Johnson Owner requests an exemption of a three unit property based upon owner occupancy pursuant to 1801(c)(4). No Recommendation. 9. ADMINISTRATIVE ITEM (Public discussion is permitted.) A. Report on Impact of Market Rate Vacancies since January 1, REQUESTS TO SPEAK - (Requests from members of the public to speak to the Board on any issue on the agenda or any issue in general) 14. REPORT OF CLOSED SESSION 15. ADJOURNMENT Next Regular RCB meeting - April 29, 1999

2 7:30 p.m., Council Chamber

3 SANTA MONICA RENT CONTROL BOARD SPECIAL MEETING MINUTES April 15, CALL TO ORDER The Rent Control Board meeting was called to order at 6:40 p.m. by Commissioner Willis. RECESS TO CLOSED SESSION 1. Conference with Administrator a. City Negotiator: Mary Ann Yurkonis, Administrator Bargaining Units: HERO, SUE, EAC and Contract Employees At 7:30 p.m., the closed session concluded and the open meeting resumed at 7:35 p.m. followed by the pledge of allegiance. 2. ROLL CALL Member Absent Members Present: Others Present: Bruria Finkel Lacy Goode Betty Mueller Alan Toy Doug Willis Mary Ann Yurkonis, Administrator Doris Ganga, Staff Attorney Marcia Zimmer, Hearings Department Mgr. Tracy Condon, Public Information Mgr. Glenda Jacobs, Board Secretary 3. APPROVAL OF THE MINUTES: March 25, Commissioner Mueller, seconded by Commissioner Willis, moved to adopt the minutes of March 25, The motion unanimously passed in a roll call vote. 4. SPECIAL AGENDA ITEM: Administrator Mary Ann Yurkonis announced that the location of the next Rent Control Board meeting, April 29th, would be back in the newly remodeled Council Chamber at City Hall. 1

4 6. CONSENT CALENDAR Commissioner Toy, seconded by Commissioner Goode, moved to adopt staff recommendations on the cases listed below: The motion unanimously passed in a roll call vote. A) Appeals 2) D-3510: 1916 Arizona Ave., #1930-A, Appellant - Honda (LL) B) Proposed Findings of Fact and Conclusions of Law 1) D-3367: th St., #10, Appellant - Resnick (TT) 2) 390R-C: th St./1617 Broadway,, Applicants - Westmark Harris Real Estate Investments II, LLC A) Appeals (continued) 1) D-3507: th St., #17, Appellant - Lambert (LL) Staff presented a summary of the staff report. Orna Banarie, tenant #17, addressed the Board. Following a discussion, Commissioner Toy, seconded by Commissioner Goode, moved to modify the hearing examiner decision by increasing the decrease to $50 for the lack of hot water and water pressure in the shower finding the lack of hot water rendered the shower inoperable. The Boards decision is effective May 1, The motion unanimously passed in a roll call vote. 3) I-1457: 247 Bay St., Appellants - Stibel (TT, 247A)/Rosenblatt (LL, untimely) Staff presented a summary of the staff report. Frank Stibel, tenant and Arlene Rosenblatt, owner, addressed the Board. Following a discussion, Commissioner Toy, seconded by Commissioner Mueller, moved to adopt staff recommendation. The motion passed in a roll call vote. Commissioner Goode abstained. 7. JURISDICTIONAL ITEM B. Exemptions 4) Owner Occupancy 1) 1185: nd St., Applicant - Jacobsen 2) 1186: th St., Applicant - Morea Commissioner Mueller, seconded by Commissioner Willis, moved to grant the owner occupied exemption on the cases listed above. The motion unanimously passed in roll call vote. 3) 1181: 1440 Franklin St., Applicant - Johnson Senior Administrative Analyst Jenethen Pearl gave a brief summary of the exemption request. Mark Johnson, owner, was sworn in and proceeded to testify. Following a few questions to Mr. Johnson by Staff Attorney Doris Ganga a break was called at 9:35 p.m., and the meeting resumed approximately 15 minutes later. After more questions to Mr. Johnson including cross examination, all remaining tenants and witnesses were sworn in, testified and subject to cross-examination. Susan Serlin, tenant unit A and Laura Haydostian, 2

5 tenant unit B, testified. David Richardson, Stephanie Bolling, John Walsh and Timothy Byrne testified on the owner's behalf. Following a lengthy discussion, Commissioner Toy, seconded by Commissioner Willis, moved to grant the owner-occupied exemption. The motion passed in a 3-1 roll call vote. Commissioner Goode voted no. 9. ADMINISTRATIVE ITEMS A) Report on Impact of Market Rate Vacancies since January 1, This item was continued to the Board meeting of April 29, REPORT OF CLOSED SESSION 1. Conference with Administrator - No reportable action taken. a. City Negotiator: Mary Ann Yurkonis, Administrator Bargaining Units: HERO, SUE, EAC and Contract Employees 15. ADJOURNMENT At 12:30 a.m., Commissioner Mueller, seconded by Commissioner Willis, moved to adjourn the meeting. The motion unanimously passed in a voice vote. 3