CITY OF SANTA MONICA REGULAR RENT CONTROL BOARD MEETING 1685 Main Street THURSDAY, March 8, :00 P.M. AGENDA

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1 1. CALL TO ORDER CITY OF SANTA MONICA REGULAR RENT CONTROL BOARD MEETING 1685 Main Street THURSDAY, March 8, :00 P.M. AGENDA 2. ROLL CALL PLEDGE OF ALLEGIANCE 3. APPROVAL OF THE MINUTES: February 9, REPORT OF CLOSED SESSION 4. SPECIAL AGENDA ITEM 6. CONSENT CALENDAR (Public discussion is permitted) A. Lapse (Continued from February 9, 2012) 1) L-0009: th St., Owner Baheri Hearing Officer recommends that the Board adopt the determination that the owner-occupancy exemption for this property lapsed on August 14, JURISDICTIONAL ITEMS (Public discussion is permitted) A. Appeals 1) E-1642: rd St, Appellant E. Lubovny (LL) by A. Lubovnaya (Rep) Dismissal and appeal under Regulation Landlord appeals Administrator s dismissal of an exemption application because the application failed, on its face, to state a basis for the exemption. 2) E-1644: th St. aka 1915 Arizona Ave., Appellant Nena Wild (LL) aka Nena Uy Wild Dismissal and appeal under Regulation Landlord appeals Administrator s dismissal of an exemption application because the application failed, on its face, to state a basis for the exemption. B. Exemptions 3) Single Family Dwelling 1) : nd St., Applicant Hsieh Applicant requests an exemption of a single family dwelling pursuant to section 1801(n) of the Rent Control Law. Recommendation: Grant 4) Owner Occupancy 1) 1643: th St., Applicants Barkin and Hall Applicants request an exemption of a three-unit or less property based upon owner-occupancy pursuant to section 1801(c)(4) of the Rent Control Law. Recommendation: Grant 8. REQUESTS TO SPEAK - (Requests from members of the public to speak to the Board on any issue of general interest to the community) Continued next page

2 10. ADMINISTRATIVE ITEMS (Public discussion is permitted) A. Christine Minnehan and Brian Augusta, Legislative Report for Regular Session B. Mid-Year Budget Report 2011/ ADJOURNMENT Next Regular RCB meeting April 5, :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. Any documents produced by the Santa Monica Rent Control Agency and distributed to a majority of the Rent Control Board regarding any item on this agenda will be made available during normal business hours at the Rent Control counter located at City Hall, 1685 Main Street, Room 202, Santa Monica. 2

3 CITY OF SANTA MONICA SPECIAL RENT CONTROL BOARD MEETING MINUTES THURSDAY, March 8, :30-6:30 P.M. Study Session 333 Olympic Blvd, Conference Room 5 1. CALL TO ORDER Commissioner Korade-Wilson called the meeting to order at 5:30 p.m. 2. ROLL CALL Member Absent: Members Present: Todd Flora Marilyn Korade-Wilson Robert Kronovet William Winslow Ilse Rosenstein Others Present: Tracy Condon, Administrator Stephen Lewis, General Counsel Rebecca Thornton, Sr. Litigation Attorney Neil Wessel, Acting Public Information Manager 4. SPECIAL AGENDA ITEM A. Study Session with Christine Minnehan and Brian Augusta on the Regular Legislative Session Christine Minnehan briefly addressed the Board and introduced her colleague Brian Augusta. The Board informally discussed the legislative report and asked questions of Ms. Minnehan and Mr. Augusta on specific pieces of legislation. The Board thanked Ms. Minnehan and Mr. Augusta for participating in the study session. 15. ADJOURNMENT At 6:50 p.m., Commissioner Korade-Wilson adjourned the meeting.

4 SANTA MONICA RENT CONTROL BOARD REGULAR MEETING MINUTES March 8, CALL TO ORDER Commissioner Korade-Wilson called the Rent Control Board meeting to order at 7:00 p.m. followed by the pledge of allegiance. 2. ROLL CALL Member Absent: Members Present: Todd Flora Marilyn Korade-Wilson Robert Kronovet William Winslow Ilse Rosenstein Others Present: Tracy Condon, Administrator Stephen Lewis, General Counsel Hakhamanesh Mortezaie, Staff Attorney Rebecca Thornton, Sr. Litigation Attorney Christy Engels, Hearings Dept. Manager Neil Wessel, Acting Public Information Manager Glenda Jacobs, Board Secretary Lonnie Guinn, Administrative Office Coordinator 3. APPROVAL OF THE MINUTES: February 9, 2012 Commissioner Winslow, seconded by Commissioner Kronovet, moved to adopt the minutes of February 9, The motion unanimously passed in a voice vote. 4. SPECIAL AGENDA ITEMS Administrator Condon introduced Neil Wessel who has been promoted to Acting Public Information Manager. She announced that the current Board Secretary, Glenda Jacobs, will be retiring in May and also welcomed Lonnie Guinn who is in training to take over the Administrative and Board Office Coordinator positions. Ms. Condon also mentioned that the March 6 th seminar on owning rental property in Santa Monica was very successful. 6. CONSENT CALENDAR (Public discussion is permitted) A. Lapse (Continued from February 9, 2012) 1) L-0009: th St., Owner Baheri Hearing officer recommends that the Board adopt the determination that the owner-occupancy exemption for this property lapsed on August 14, Staff Attorney Hakhamanesh Mortezaie presented a summary of the staff report. Rosario Perry, owner representative, Joan Baheri, owner, Lula Mae

5 Baheri, owner s mother, and Ricardo Halpern, former tenant, addressed the Board. Following a discussion, Commissioner Winslow, seconded by Commissioner Rosenstein, moved to adopt the Hearing Officer s determination that the owneroccupancy exemption lapsed as of August 14, 2010 and further adopt the Hearing Officer s Findings of Fact and Conclusions of Law as the basis for its determination. The motion passed in a 3-1 roll call vote. Commissioner Kronovet voted no. 7. JURISDICTIONAL ITEMS (Public discussion is permitted) A. Appeals 1) E-1642: rd St., Appellant E. Lubovny (LL) by A. Lubovnaya (Rep) Dismissal and appeal under Regulation Landlord appeals Administrator s dismissal of an exemption application because the application failed, on its face, to state a basis for the exemption. Staff Attorney Mortezaie presented a summary of the staff report. Alona Lubovnaya, representative, addressed the Board. After a discussion, Commissioner Rosenstein, seconded by Commissioner Winslow, moved to adopt the staff recommendation to affirm the Administrator s dismissal of the exemption application for its failure to state a basis for the exemption. The motion passed in a 3-1 roll call vote. Commissioner Kronovet voted no. 2) E-1644: th St. aka 1915 Arizona Ave., Appellant Nena Wild (LL) aka Nena Uy Wild Dismissal and appeal under Regulation Landlord appeals Administrator s dismissal of an exemption application because the application failed, on its face, to state a basis for the exemption. Staff Attorney Mortezaie presented a summary of the staff report. Following a brief discussion, Commissioner Winslow, seconded by Commissioner Korade- Wilson, moved to adopt the staff recommendation to affirm the Administrator s dismissal of the exemption application for its failure to state a basis for the exemption. The motion passed in a 3-1 roll call vote. Commissioner Kronovet voted no. B. Exemptions 3. Single Family Dwelling 1) : nd St., Applicants Hsieh Applicant requests an exemption of a single family dwelling pursuant to section 1801(n) of the Rent Control Law. Recommendation: Grant 4. Owner Occupancy 1) 1643: th St., Applicants Barkin and Hall Applicants request an exemption of a three-unit or less property based upon owner-occupancy pursuant to section 1801(c)(4) of the Rent Control Law. Recommendation: Grant 2

6 Commissioner Winslow, seconded by Commissioner Korade-Wilson, moved to adopt the staff recommendations to grant the exemption applications listed above for nd Street and th Street pursuant to sections 1801(n) and 1801(c)(4) of the Rent Control Law respectively and to adopt the proposed Findings of Fact and Conclusions of Law. The motion unanimously passed in a roll call vote. 8. REQUESTS TO SPEAK The following persons addressed the Board: Michael Millman, J.L. Jacobson and Lisa Olson. 10. ADMINISTRATIVE ITEMS A. Christine Minnehan and Brian Augusta, Legislative Report for Regular Session Christine Minnehan briefly addressed the Board and introduced her colleague Brian Augusta who proceeded to present a summary of the Legislative Report. The Board thanked Mr. Augusta for his report. B. Mid-Year Budget Report 2011/2012 Administrator Condon presented a summary of the mid-year budget. Following a discussion, Commissioner Winslow, seconded by Commissioner Rosenstein, moved to grant staff s recommendation to transfer $55,000 from the Permanent Employees line and $30,000 from the Retirement Contributions Line and move $75,775 to the Legal Expense Line and $9,225 to the Professional Services line. The motion unanimously passed in a roll call vote. 15. ADJOURNMENT Prior to the adjournment at 8:56 p.m., Commissioner Korade-Wilson announced that the Board s next meeting will be held on April 5 th due to the Housing California Conference in Sacramento on April 12 th where staff will be participating in a workshop. 3