CITY OF_SANTA MONICA RENT'CONTROL BOARD MEETING 1685 Main Street \ THURSDAY January 13, :00 P.M. AGENDA

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1 CITY OF_SANTA MONICA RENT'CONTROL BOARD MEETING 1685 Main Street \ THURSDAY January 13, :00 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL - PLEDGE OF ALLEGIANCE 3. APPROVAL OF THE MINUTES: December 9, SPECIAL AGENDA ITEM 6. CONSENT CALENDAR (Public discussion is permitted) A. Appeals 1) N-0088: 2700 Neilson Way, Unit , Appellant - Saken (TT) Tenant appeals hearing officer decision granting landlord's petition filed pursuant to Regulation ) N-0118: th St., Unit 5, Appellant- Riley (TT) Tenant appeals hearing officer decision granting landlord's petition filed pursuant to Regl!Jlation B. Proposed Findings of Fact and Conclusions of Law 1) : 1915 Ocean Way, #301, Appellant - Seeman (TT) Proposed and revised Findings of Fact and Conclusions of Law for Board decision of December 9, ) 409R-C: 1821 Delaware Ave., Applicants - Ross Proposed Findings of Fact and Conclusions of Law for Board decision of December 9, JURISDICTIONAL ITEMS (Public discussion is permitted) B. Exemptions 3. Single Family Dwelling 1) : rd St., Applicants - Huson Applicant requests an exemption of a single family dwelling pursuant to section 1801 (n). Recommendation: Grant 4. Owner Occupancy 1) 1450: 122 Wadsworth Ave., Applicants - Hallenbrook 2) 1456: th St., Applicant - Chase Applicants request an exemption of a three-unit property based upon owner occupancy pursuant to section 1801 (c)(4). Recommendations: Grant 9. ADMINISTRATIVE ITEM (Public discussion is permitted) A. New Land Use Plan, presentation on process - Planning & Community Development and Planning Commission. ' B. Annual selection of Chairperson and Vice-Chairperson. Cont'd

2 ~ 12. WRITTEN COMMUNICATION A. Letter from C. Harding. 13. REQUESTS TO SPEAK - (Requests from members of the public to speak to the Board on any issue in general) 14 RECESS TO CLOSED SESSION - Pending Litigation, Anticipated Litigation, Personnel, (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 - REPORT OF CLOSED SESSION 15. ADJOURNMENT Next Regular RCB meeting - February 3, :00 p.m., Council Chamber The Council Chamber is wheelchair accessible. If you need any disability-related accommodations, please contact Glenda Jacobs at (310) at least three days prior to the meeting. This document is available in alternate format upon request. Rent Control Board meetings are aired live on CityTV cable Channel 16. 2

3 SANTA MONICA RENT CONTROL BOARD CLOSED SESSION AGENDA "\ Pursuant to Board Regulations, practice and procedure, and the Ralph M. Brown Act, the Board announces that the following items will be discussed at the closed session on Thursday, January 13, Conference with Legal Counsel- Existing Litigat~on a) Action Apartment Association v. SMRCB, US Dist. Court, Central District Case No. CV AHM (RZx). Pursuant to Government Code Section (a) No other business will be considered.

4 SANTA MONICA RENT CONTROL BOARD REGULAR MEETING MINUTES January 13, CALL TO ORDER Commissioner Toy, followed by the pledge of allegiance, called the Rent Control Board meeting to order at 7:00 p.m. 2. ROLL CALL Member Absent Members Present: Jeff Sklar Betty Mueller Jennifer Kennedy Joel Koury Alan Toy Others Present: Mary Ann Yurkonis, Administrator Doris Ganga, General Counsel Marcia Zimmer, Hearings Dept. Mgr. Tracy Condon, Public Information Mgr. Michaelyn Jones, Staff Attorney Glenda Jacobs, Board Secretary 3. APPROVAL OF THE MINUTES: December 9, Commissioner Mueller, seconded by Commissioner Koury, moved to adopt the minutes of December 9, The motion unanimously passed in a roll call vote. 4. SPECIAL AGENDA ITEMS Administrator Mary Ann Yurkonis announced that due to Commissioner Sklar s absence, she recommended to continue agenda item 9B, Annual selection of Chairperson to the Board meeting of February 3, Commissioner Mueller, seconded by Commissioner Koury, moved to continue this item. The motion passed in a 4-0 voice vote. Administrator Yurkonis also announced that the Planning Commission staff had requested to have agenda item 9A, Land Use Plan presentation moved up on the agenda, which was denied by the Board. 6. CONSENT CALENDAR B. Proposed Findings of Fact and Conclusions of Law 1) D-4113: 1915 Ocean Way, Unit 301, Appellant Seeman (TT) Proposed and revised Findings of Fact and Conclusions of Law for Board decision of December 9, ) 409R-C: 1821 Delaware Ave., Applicants Ross Proposed Findings of Fact and Conclusions of Law for Board decision of December 9, 2004.

5 Commissioner Kennedy, seconded by Commissioner Mueller, moved to adopt the proposed findings of fact and conclusions of law on the cases listed above. The motion unanimously passed in a roll call vote. A. Appeals 1) N-0088: 2700 Neilson Way, Unit , Appellant Saken (TT) Tenant appeals hearing officer decision granting the landlord s petition filed pursuant to Regulation General Counsel Doris Ganga presented a summary of the staff report. Julia Longjohn, owner representative, addressed the Board. Following a brief discussion, Commissioner Mueller, seconded by Commissioner Kennedy, moved to adopt the staff recommendation to deny the appeal and affirm the hearing officer decision. The motion unanimously passed in a roll call vote. 2) N-0118: th St., Unit 5, Appellant Riley (TT) Tenant appeals hearing officer decision granting landlord s petition filed pursuant to Regulation Staff Attorney Michaelyn Jones presented a summary of the staff report. Dorothy Nichols, Martin Smith, Molly Smith, David Willis and Henry Hoang addressed the Board. Following a discussion, Commissioner Koury, seconded by Commissioner Mueller, moved to reverse the hearing officer s decision and deny the landlord s petition filed pursuant to Regulation The motion unanimously passed in a roll call vote. 7. JURISDICTIONAL ITEMS B. Exemptions 3) Single Family Dwelling : rd St., Applicants - Huson Applicant requests an exemption for a single family dwelling pursuant to section Recommendation: Grant 4) Owner Occupancy 1) 1450: 122 Wadsworth Ave., Applicants Hallenbrook 2) 1456: th St., Applicant Chase Applicants request an exemption of a three-unit property based upon owner occupancy pursuant to section 1801(c)(4). Recommendations: Grant Commissioner Mueller, seconded by Commissioner Kennedy, moved to grant permanent exemption for case on the basis of section 1815 and grant owner occupied exemptions to cases 1450 and 1456 on the basis of section 1801(c)(4) of the Rent Control Law. The motion passed in a 3-1 roll call vote. Commissioner Toy abstained. At 7:55 p.m., a break was called in the proceedings and the meeting resumed approximately 4 minutes later. 2

6 9. ADMINISTRATIVE ITEMS A. New Land Use Plan, presentation on process Planning & Community Development and Planning Commission. Suzanne Frick, Director of Planning and Community Development, made a presentation to the Board to introduce the new land use plan project and solicit community input and involvement. Ms. Frick also invited the Board to attend a community workshop on January 22, Commissioners Kennedy and Koury volunteered to attend on the Board s behalf and report back. B. Annual selection of Chairperson and Vice-Chairperson. This item is continued to February 3, WRITTEN COMMUNICATION A. Letter from C. Harding. Chris Harding addressed the Board on proposed modification to Board Regulation Board requested staff to report back on the issues raised by the written communication. 13. REQUESTS TO SPEAK The following person addressed the Board on various issues: Jay Johnson. 14. RECESSED TO CLOSED SESSION At 8:48 p.m., the open meeting was recessed to closed session. 1. Conference with Legal Counsel Existing Litigation a) Action Apartment Association v. SMRCB, US Dist. Court, Central District Case No. CV AHM (RZx). California Government Code At 9:00 p.m., the closed session recessed and the open meeting reconvened for a report of closed session. REPORT OF CLOSED SESSION The Board gave approval to defend this lawsuit in a roll call vote. 15. ADJOURNMENT At 9:01 p.m., Commissioner Toy moved to adjourn the meeting. The motion unanimously passed in a voice vote. 3