M-1/20/2004
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 Tern 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 MariaM. Stewart
CONVENEIPLEDGE
CLOSED SESSIONS
Councilmember Holbrook
arrived at 7: 05 p. m.
STUDY SESSION:
On order ofthe Mayor, the City Council convened at 5:49 p.m., with
Councilmember Holbrook absent CounclJmember Genser and Assistant
City Attorney Joseph Lawrence led the assemblage in the Pledge of
Allegiance.
CLOSED SESSIONS: On order oftheMayor, the City Council recessed to
consider dosed sessions at 5:50 p.m., and reconvened at 7: I 0 p.m., with all
members present. Action taken on closed sessions was reported at the end
of the meeting.
3-A: Study Session to Discuss Solid Waste Management Trends,
Need for New City RecydingRecovery Transfer Station and Other
Policy Issues Including Ii'ranchising of Private Waste Collection, was
presented.
Members of the public David Shirey, Jed 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.
January 20, 2004
RECESS
ORDINANCES:
BOO'rLISGGED UNITS
Discussion ensued on various issues, including but not limited to the opti0J1S
of having a municipal transfer station, on the use of private contractors,
franchising, private/public partnerships, other uses for the City-owned land jf
no transfer station, costs and revenue, and services to the public.
Motion by Mayor Pro Tern McKeown, seconded by Councilmember Katz,
to direct staff to return with a comparative analysis of multiple options
including at le<lst what was presented tonight, a multi-municipal consortium,
and a private contractor(s); that staff rate the options, if possible, in policy
priorities, including fe-use of the land and including the pros and cons of
public/private partnership. The motion was appr by voice vote, with
Councilmember Feinstein voting against the moti , and with aU members
present.
CouncilmemberFeinstein 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.
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.
7 -A: Introduction and first reading of an interim ordinance of the
City of Sa.nta Monica extending the initial interim ordinance waiving
certain development standards for rental units which were built or
crea.ted without permits and registered with the Rent Conh'ol Board
prior to April 22, 2003, was presented.
Member of tile public Joey Fullmer expressed various concerns regarding
the matter.
Motion by Councilmember Katz, seconded by Mayor Pro TemMcKeown,
to introduce the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the tollowing vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
2
January 20, 2004
ALCOHOL CUP's
COUNCILMEl\fBER
DISClTSSION ITli:MS:
CLOSED SESSIONS
7.B: Introduction and first reading of an interim ordinance of the
City of Santa MOllica extending initial interim ordinance clarifying
that busincssestablishments 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 eM District, tbe
time period shall be six months, was presented.
Member of the public Joey Fullmer expressed various concerns.
Motion by Mayor Pro Tern 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 Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
13-A: RC(luest 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,
"vith all members present
2-A: Conference with Legal Counsel-Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No, 01CC4311.
The City Attorney reported this matter "vas heard and no repoltable action
was taken
2~B: Conference with Legal Counsel-. Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
The City Attorney reported that this matter was heard and no reportable
action was taken.
2-C: PubliclEmployce Evaluations.
Title of Employees: City Attorney; Director of Records &
Election Services (Cit), Clerk)
3
January 20, 2004
AJ>JOU8.Nl\'tENT:
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 - Existing Litigation: Santa
M.onicafi'ood Not Bombs v. City of Santa l\lonica, 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 Connsel- Anticipated Litigation.
Number of cases: Seven.
The City Attorney reported that one case was heard, and the six other cases
\vere not heard. On the one case heard, the City Council took the following
action in open session:
Motion by CouncilmemberFeinstein, 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 tees 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
None
None
NOES:
ABSENT:
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
ATTES1':
.-~~~..~$
APPROVED:
~~4
. . ichard Bloom
1ayof
Maria M, Stewart
City Clerk
4
January 20, 2004