M-7/19/1988
357
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 19, 1988
A special meeting of the Santa Monica City council was called to
order by Mayor Conn at 7:35 p.m., on Tuesday July 19, 1988, in
the Council Chambers
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
councilmember David B. Finkel
(arrived at 7:38 p.m.)
Councilmember Alan S. Katz
(arrived at 8:32 p.m.)
Councilmember Christine E. Reed
Councilmember Dennis Zane
Absent: councilmember William H. Jennings
Also Present: City Manager John Ja1ili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
Mayor Pro Tempore H. Katz moved to modify the agenda to hear Item
1l-B first. Second by Councilmember Finkel. The motion was
unanimously approved, councilmembers Jennings and A. Katz absent.
ll-B: WASTE RECYCLING CONTRACT: Presented was a recommendation
regarding the assignment of the Ecolo-Haul recycling contract to
Empire Waste Management, Inc. Discussion was held. Member of
the public Joy Fullmer expressed concerns regarding the proposed
transfer of contract. Gary Petersen, Robert Schibel, David
Kelly, and Robert Coyle spoke in support of the staff
recommendation to assign the Ecolo-Haul recycling contract to
Empire Waste Management, Inc. Discussion was held. Mayor Pro
Tempore H. Katz moved to approve the staff recommendation,
thereby authorizing the City Manager to approve the transfer of
ownership of Ecolo-Haul stock to Empire Waste Management,
contingent upon an amendment to Agreement Number 4908(CCS) that
contains the following terms: (a) The term of the Agreement
shall be reduced from ten (10) years to five (5) years; and (b)
The default and termination provisions of the agreement shall be
changed so that Ecolo-Haul and Empire Waste Management shall be
considered in default under the Agreement if they are found or I
determined through any judgment, conviction, administrative
ruling, settlement, or consent decree, to be in violation of the
California Hazardous Waste Control law, Chapter 6.5 of the Health
and Safety Code, Sections 25100 et seq., or implementing
regulations, or the California Restraint of Trade and Unfair
Competition Law, Business and Professions Code Sections 16600 et
seq. and 1700 et seq. For purposes of the amendment, a plea of
nolo contendere or no contest shall be considered the same as a
conviction entitling the City to invoke the default provisions of
the Agreement. Second by Councilmember Finkel. The motion was
approved by the following vote:
1
July 19, 19B8
I
358
council vote: Affirmative: councilmembers Finkel,
Zane, Mayor Conn
H.
Katz,
Abstain: Councilmember Reed
Absent: Councilmembers Jennings, A. Katz
II-A: DUPLEXES AND TRIPLEXES/PROPOSED RENT CONTROL AMENDMENT:
Presented was a recommendation regarding proposals to amend the
owner-occupied exemption provisions of the Rent Control Law and a
proposal to amend the tenant relocation assistance law.
Discussion was held. The following members of the pUblic spoke
in opposition to the proposed amendment to the Rent Control Law:
Craig Millson, Jean Creswell, Frank Juarez, U. Gibson, Matt
Millen, Dorothy Semenow, Aaron Sloan, Carol Berke, Joy Fullmer,
Michael Filly, Morris Kushner, Catherine Spoone, Jennie Quan,
Douglas Humble, Patricia Keiser, John R. Youngman, Ethel
Jacobsen, Edith Szabo, Jean Sedillos, Ken Kutcher, Eric Anderson,
Diane simpson, Arlon Ober, Frances Smith, John Warfel, Marguerita
Anastasion, James Duford, Wayne Smith, Carol Marlowe, Alan
Sonneman, Rita Lowenthal, Anita Landecker, Ken Golick, Helen
Hull, Dino De Ghionno, Doria Krohn, Elaine G. Gealer, Ron Rocco,
Mary Farrell, John Elovson, Judy Leland, Claire Haven, Kristine
Moody, Larry Arreola, John W. Moody, Anita Charny, Archie
Arzooyan, Frances Christopher, C.R. Davenport, Carl Lambert,
Marianne Bordier, and Tom Nitti. Susan Packer Davis, Julie Lopez
Dad, Mallory Pearce, and Gary Squier spoke in support.
During the public hearing, Mayor Pro Tempore H. Katz moved to
extend the meeting to 12:00 a.m. Second by Councilmember A.
Katz. The motion was approved, councilmember Finkel opposed,
Councilmember Jennings absent.
Councilmember Zane moved to hear members of the public submitting
late requests to speak. Second by Councilmember Reed. The
motion was unanimously approved, councilmember Jennings absent.
Roy Mirando, S . Setaguchi, Duke Kelso, Eric Geisler, David L.
Bryant, and Don Voreck spoke in opposition to the proposals.
Discussion was held. Councilmember Zane moved to place on the
ballot a charter amendment comprised of Proposal 3 of the staff
report dated July 19, 1988, with the fOllowing changes: (1) That
the transferability of the exemptions be provided not only for
the immediate subsequent owner-occupant, but for any subsequent
owner-occupant, for those currently exempt units, (2) that
Council grandfather-in the opportunity for exemption in any units
that have already applied for exemption before the Rent Board or
that are in escrow as of this date (July 19, 1988), and (3) that
currently rent-controlled units that are outside of that category
should maintain their rent control and should not become eligible
in the future for an exemption. The motion died for lack of a
second. Therefore, no action was taken on this matter.
ll-C: CLOSED SESSION: Not held.
l4-A: COUNCIL CHAMBER FEE: Presented was the request of Mayor
Conn to discuss waiving the fee for the use of the Council
Chambers by Emeritus College on Tuesday afternoons through August
2
July 19, 1988
359
2, 1988. Mayor Conn opened discussion and moved to waive the fee
for use of the Council Chambers by Emeritus college on Tuesday
afternoons through August 2, 1988. Second by councilmember Reed.
The motion was unanimously approved, Councilmember Jennings
absent.
14-B: PROPOSED BALLOT MEASURE/REMOVAL OF CITY-OWNED RENTAL
UNITS/16l6 AND 1642 OCEAN AVENUE: Presented was the request of
Councilmember Zane to discuss directing the ci ty Attorney to
draft a ballot measure to amend the Rent Control Charter to
permit off-site replacement for the removal of city-owned units
at 1616 and 1642 Ocean Avenue. Councilmember Zane opened
discussion and moved to direct the City Attorney to draft the
appropriate language that would provide for off-site replacement
of city-owned units at 1616 and 1642 Ocean Avenue only. Second
by Councilmember Finkel. Discussion was held. Councilmember
Zane amended the motion to be more general with respect to rental
housing on city-owned property for public projects, that as a
matter of policy, the City should be able to replace rental units
off-site if it is pursuing a public project on property that it
owns. The amendment was accepted as friendly by the second.
Discussion was held. Councilmember Zane withdrew the first
motion and moved to direct staff to bring back to council
recommendations regarding this and other publicly owned property,
to be placed on the ballot at a time in the future relevant to
the proj ects in question (the Ocean Avenue and Main Library
properties) . Second by Councilmember Finkel, adding that in
preparing the recommendations, staff consult with the Rent
Control Board. The maker accepted the amendment, as well as
Councilmember Reed's request that the City Attorney be directed
to issue an opinion, to come back after the Zoning Ordinance,
that would allow council to examine the general area of allowing
off-site relocation for categories of other public agency-owned
proj ects, and extend the opinion into the area of the city's
possible exemption from regulations of the rent control law,
thereby providing the City the authority to determine where to
put the relocated units. The motion, as amended, was unanimously
approved, Councilmember Jennings absent.
ADJOURNMENT: At 11:55 p.m., the council meeting was adjourned.
,ATTEST ~.
':J.~~ittilJu
Donna R. Betancourt
Acting city Clerk
3
July 19, 1988
I