CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JANUARY 20, 2004

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:49 p.m., on Tuesday, January 20, 2004, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:05 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CONVENE/PLEDGE

On order of the Mayor, the City Council convened at 5:49 p.m., with Councilmember Holbrook absent. Councilmember Genser and Assistant City Attorney Joseph Lawrence led the assemblage in the Pledge of Allegiance.

CLOSED SESSIONS

Councilmember Holbrook arrived at 7:05 p.m.

CLOSED SESSIONS: On order of the Mayor, the City Council recessed to consider closed sessions at 5:50 p.m., and reconvened at 7:10 p.m., with all members present. Action taken on closed sessions was reported at the end of the meeting.

STUDY SESSION:

3-A: Study Session to Discuss Solid Waste Management Trends, Need for New City Recycling Recovery Transfer Station and Other Policy Issues Including Franchising of Private Waste Collection, was presented.

Members of the public David Shirey, Jeri Wingo, Mike Hammer, Richard Ludt, Joe Natoli, Susan Trier, and Jerry Rubin spoke in support of a municipal transfer station. Members of the public Mike Matosian and Steve Tucker spoke in opposition to a municipal transfer station.

Discussion ensued on various issues, including but not limited to the options of having a municipal transfer station, on the use of private contractors, franchising, private/public partnerships, other uses for the City-owned land if no transfer station, costs and revenue, and services to the public.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Katz, to direct staff to return with a comparative analysis of multiple options including at least what was presented tonight, a multi-municipal consortium, and a private contractor(s); that staff rate the options, if possible, in policy priorities, including re-use of the land and including the pros and cons of public/private partnership. The motion was approved by voice vote, with Councilmember Feinstein voting against the motion, and with all members present.

Councilmember Feinstein stated, for the record, that he voted against the motion because although he generally supports requests for more information, he feels that Council has heard enough information to make a decision.

RECESS

On order of the Mayor, the City Council recessed at 9:38 p.m., to further discuss closed sessions and reconvened at 9:55 p.m., with all members present.

ORDINANCES:

BOOTLEGGED UNITS

7-A: Introduction and first reading of an interim ordinance of the City of Santa Monica extending the initial interim ordinance waiving certain development standards for rental units which were built or created without permits and registered with the Rent Control Board prior to April 22, 2003, was presented.

Member of the public Joey Fullmer expressed various concerns regarding the matter.

Motion by Councilmember Katz, seconded by Mayor Pro Tem McKeown, to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

ALCOHOL CUP=s

7-B: Introduction and first reading of an interim ordinance of the

City of Santa Monica extending initial interim ordinance clarifying that business establishments with alcohol CUP=s must obtain new alcohol CUP=s if the establishment ceases operating for a period in excess of one year, except that, for premises in the CM District, the time period shall be six months, was presented.

Member of the public Joey Fullmer expressed various concerns.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser,

to introduce the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

COUNCILMEMBER DISCUSSION ITEMS:

13-A: Request of Mayor Bloom that Council waive fees for use of Council Chambers on January 29, 2004, for a meeting of the California State Coastal Conservancy, was presented.

There was no one present for public comment.

Motion by Mayor Bloom, seconded by Councilmember O=Connor, to approve request. The motion was unanimously approved by voice vote, with all members present.

CLOSED SESSIONS

2-A: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4311.

The City Attorney reported this matter was heard and no reportable action was taken.

2-B: Conference with Legal Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367.

The City Attorney reported that this matter was heard and no reportable action was taken.

2-C: Public Employee Evaluations.

Title of Employees: City Attorney; Director of Records & Election Services (City Clerk)

The Mayor reported that the City Clerk evaluation was held, and no reportable action was taken. The City Attorney=s evaluation was continued to a future meeting.

2-D: Conference with Legal Counsel B Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica, District Court Case No. CV 03-0032 R (JTLx) (Appeal No. 03-56623).

The City Attorney reported that this matter was heard and no reportable action was taken.

2-E: Conference with Legal Counsel B Anticipated Litigation.

Number of cases: Seven.

The City Attorney reported that one case was heard, and the six other cases were not heard. On the one case heard, the City Council took the following action in open session:

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, that as to the project at 1612 Wellesley Drive, where the owner applied for necessary remodel permits, an error was made by City in identifying the setback, and as a result of the error the property owner incurred certain costs, that the City accept the owner=s redesign where only four square feet of the remodeled building would be located in the setback, and the fees would be waived. The motion was approved by the following vote:

AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES: None

ABSENT: None

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 10:30 p.m. to January 27, 2004, in memory of Robert Rzepinski.

ATTEST: APPROVED:

Maria M. Stewart Richard Bloom

City Clerk Mayor