CITY OF SANTA MONICA
CITY COUNCIL MEETING 10/26/93
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
6-A: MINUTES APPROVAL: The minutes of City Council meetings of
October 5 and 12, 1993, were approved as submitted.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 51400/TPC-262/2343-45 OAK
STREET: Resolution No. 8676(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 51400 FOR A PROJECT AT
2343-45 OAK STREET," was adopted, thereby approving a 6-unit
tenant-participating conversion project at 2343-45 Oak Street.
6-D: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/DENIAL OF
APPEAL/PLANNING COMMISSION APPROVAL OF AMENDMENTS/TPC-273/VTTM
51430/2641 FOURTH STREET: The certification of statement of
official action for the denial of appeal of Planning Commission
approval of amendments to the conditions of approval for Tenant-
Participating Conversion, TPC-273, Vesting Tentative Tract Map
51430, to allow the consolidation of unit one and unit seven at
2641 Fourth Street, was approved.
6-E: TRANSPORTATION MANAGEMENT PLAN: Ordinance No. 1708(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.16.030,
9.16.070 AND 9.16.090 RELATED TO TRANSPORTATION MANAGEMENT," was
adopted.
END OF CONSENT CALENDAR
6-C: AMENDMENT/EASEMENT AGREEMENT/OUTDOOR DINING/1535 OCEAN
AVENUE: Council asked questions of staff. Councilmember Olsen
moved to authorize the City Manager to negotiate and execute an
amendment to an easement agreement that permits outdoor dining on
the public right-of-way fronting 1535 Ocean Avenue (Zenzero
Restaurant). Second by Mayor Pro Tempore Vazquez. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
8-A: AMENDMENT/ANIMAL CONTROL LAWS: Presented was an ordinance
for second reading and adoption amending the City's animal
control laws permitting leashed dogs in a park, specifying the
length of leashes for dogs, increasing the fine for failure to
abate a nuisance by a dog and permitting the designation of off-
leash areas in public parks for dogs. Council asked questions of
staff. Councilmember Rosenstein moved to remand this item to
staff for further clarification of issues, to meet with members
of the community, and return to Council. Second by Councilmember
Greenberg. Discussion was held. Councilmember Genser moved a
substitute motion to have single fines (no escalating fines) and
that for all categories except for the nuisance law and the
carrying materials law the fine be $100 and for the nuisance law
and the carrying materials law the fine be $250. Second by
Councilmember Olsen. Discussion was held. Councilmember
Rosenstein moved to hear speakers. Second by Councilmember
Holbrook. The motion failed, Councilmembers Genser, Greenberg,
Olsen, Vazquez, and Mayor Abdo opposed. Discussion was held.
Councilmember Genser moved to amend his motion to set the fines
at $50 for all categories except for the nuisance law and the
carrying materials law; $150 for the nuisance law and carrying
materials law. The motion was accepted as friendly. Discussion
was held. Councilmember Rosenstein withdrew his motion.
Councilmember Greenberg moved a substitute motion to hold this
matter over until the enforcement issue is settled, along with
the recommendation that staff investigate increasing the fines if
increased enforcement is possible. Discussion was held. Second
by Councilmember Holbrook. The motion failed, Councilmembers
Genser, Olsen, Rosenstein, Vazquez, and Mayor Abdo opposed.
Councilmember Olsen moved to eliminate Palisades Park from this
ordinance. Second by Councilmember Holbrook. Discussion was
held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Olsen, Holbrook,
Greenberg
Negative: Councilmembers Vazquez, Rosenstein,
Genser, Mayor Abdo
Mayor Pro Tempore Vazquez moved to exclude Marine Park from the
unleashed area. Second by Councilmember Holbrook. Discussion
was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Vazquez, Holbrook
Negative: Councilmembers Rosenstein, Olsen,
Greenberg, Genser, Mayor Abdo
The main motion failed by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Genser,
Mayor Abdo
Negative: Councilmembers Vazquez, Olsen,
Holbrook, Greenberg
Discussion was held. Councilmember Genser moved to have single
fines (no escalating fines) and that for all categories except
for the nuisance law and the carrying materials law the fine be
$75 and for the nuisance law and the carrying materials law the
fine be $200. Second by Mayor Abdo. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Rosenstein,
Greenberg, Genser, Mayor Abdo
Negative: Councilmembers Vazquez, Olsen, Holbrook
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S ANIMAL CONTROL LAWS PERMITTING LEASHED DOGS
IN A PARK, SPECIFYING THE LENGTH OF LEASHES FOR DOGS, INCREASING
THE FINE FOR FAILURE TO ABATE A NUISANCE BY A DOG AND PERMITTING
THE DESIGNATION OF OFF-LEASH AREAS IN PUBLIC PARKS FOR DOGS," was
introduced for first reading, as amended, by title only, waiving
further reading thereof.
8-B: CHILD CARE CENTERS: Presented was an ordinance for
introduction and first reading amending conditional use permit
standards of the Zoning Ordinance, Santa Monica Municipal Code
Section 9.04.14.030, regulating child care centers in residential
districts. Council asked questions of staff. Mayor Abdo
declared the public hearing open at 8:02 P.M. Member of the
public Joy Fullmer expressed her concerns. Members of the public
Linda Gordon, Ellen Khokha, Irene Zivi, and Abby Liebman spoke in
support of the proposed ordinance. Member of the public Cindy
Wasson urged Council to re-evaluate the current costly and
complicated CUP process. Mayor Abdo closed the public hearing at
8:16 P.M. Councilmember Rosenstein moved to approve the proposal
as recommended by staff with the condition that permitting fees
associated with the projects may be waived, with the exception of
business license tax, which the City would retain. Second by
Mayor Pro Tempore Vazquez. Discussion was held. Councilmember
Rosenstein revised his motion to approve the ordinance as
proposed by staff. The motion was accepted as friendly. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 9.04.14.030, RELATING TO CHILD
CARE CENTERS IN RESIDENTIAL DISTRICTS," was introduced for first
reading, as amended, by title only.
Councilmember Rosenstein moved to direct staff to return with a
recommended format for the waiver of fees. Second by Mayor Pro
Tempore Vazquez. The motion was unanimously approved.
At 8:25 P.M., Council adjourned for a short recess. Council
reconvened at 8:40 P.M. with all members present.
Mayor Abdo moved to hear Item No. 10-A at this time. Second by
Councilmember Holbrook. The motion was unanimously approved.
10-A: VACATION OF A PORTION OF 7TH COURT/DEDICATION OF TWO
PUBLIC SERVICE EASEMENTS: At 8:42 P.M., Mayor Abdo declared the
public hearing open. Member of the public Joy Fullmer expressed
her concerns. Member of the public Larry Beaufait made
suggestions. Members of the public Earl Shor and Donn Morey
spoke in support of the staff recommendation. Mayor Abdo closed
the public hearing at 8:45 P.M. Presented was the staff report
recommending adoption of a resolution ordering the vacation of a
portion of 7th Court from Broadway to 250 feet southeast of
Broadway and dedication of two public service easements. Council
asked questions of staff. Mayor Pro Tempore Vazquez moved to
adopt Resolution No. 8677(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF
A PORTION OF A CERTAIN STREET KNOWN AS SEVENTH COURT BETWEEN
BROADWAY AND 250 FEET SOUTHEASTERLY OF BROADWAY AND DEDICATION OF
TWO PUBLIC SERVICE EASEMENTS IN THE CITY OF SANTA MONICA,
CALIFORNIA," reading by title only and waiving further reading
thereof. Second by Councilmember Holbrook. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
8-C: PROHIBITION OF SMOKING: Presented was an ordinance for
introduction and first reading amending Sections 4.44.030 of the
Santa Monica Municipal Code to prohibit all smoking in indoor
restaurants; amending Section 4.44.040 to prohibit all smoking in
cafeterias, in places of employment and lounge areas in buildings
open to the general public and amending Section 4.44.060 to
prohibit smoking in bars which are contiguous with restaurant
dining areas when meals are being served. Council asked
questions of staff. At 8:40 P.M., Mayor Abdo declared the public
hearing open. Members of the public Paul Koretz, Joseph Rooks,
Brad Segal, Mikki Peabody, Alan Zovar, Dr. Stenkel, Andrea
Portenier, Peter Pelikan, Marilou Terpenning, Harvey Karp, and
Lou Moench spoke in support of the proposed ordinance. Members
of the public Michael Duffy, Helen Petrou, Mike Radcliffe, Gerry
Breitbart, and Larry Postaer spoke in opposition to the proposed
ordinance. Member of the public Joy Fullmer expressed her
concerns. Members of the public Jay Fiondella, Gene Rotondo,
Philip Cummins, and Gary Wolen urged Council to enact an
ordinance modeled after the ordinance implemented by the City of
Los Angeles. Member of the public Doreen Sturgis urged Council
to consider coffee houses under the same exemption as bars.
Member of the public Bruce Cameron spoke in support of a smoking
ordinance as a statewide issue. Mayor Pro Tempore Vazquez moved
to hear a late speaker. Second by Councilmember Rosenstein. The
motion was approved, Councilmember Olsen opposed. Member of the
public Barkley Hudson spoke in support of the proposed ordinance.
Member of the public Ken Ward spoke in support of a complete ban
on smoking wherever food is available. Mayor Abdo closed the
public hearing at 10:55 P.M.
Councilmember Rosenstein moved to adjourn to Closed Session at
this time and continue the remainder of Item No. 8-C and the
remainder of the agenda to the meeting of November 2, 1993.
Second by Councilmember Greenberg. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Greenberg,
Holbrook, Rosenstein, Vazquez,
Mayor Abdo
Negative: Councilmembers Genser, Olsen
Discussion was held.
Councilmember Holbrook moved to extend the meeting to 11:15 P.M.
Second by Mayor Pro Tempore Vazquez. The motion was unanimously
approved.
9-A: REDUCED-EMISSION VEHICLES PURCHASE POLICY: The
recommendation to adopt the reduced-emission vehicles purchase
policy was continued to the meeting of November 2, 1993.
9-B: CLOSED SESSION: At 11:02 P.M., Council adjourned to Closed
Session for the purpose of discussing the following cases:
1. Rubin et al. v. City of Santa Monica, United States
District Court Case No. CV 93-1255 ER (Ex);
2. City of Santa Monica v. City of Los Angeles, threatened
litigation concerning proposed Playa Vista development;
3. People v. Regina Barrett, Los Angeles Municipal Court
Case No. 93M00496;
4. Washington and Hicks v. City of Santa Monica, United
States District Court Case No. CV 92-1884.
No action was taken.
At 11:05 P.M., Council reconvened with all members present.
11-A: GUN CONTROL: The request of the Santa Monica Commission
on the Status of Women to participate in a newly-formed coalition
of women's organizations to articulate gun control as a women's
issue was continued to the meeting of November 2, 1993.
12-A: MEMORANDUM OF UNDERSTANDING/POLICE OFFICERS' ASSOCIATION:
The resolution authorizing the City Manager to execute a
Memorandum of Understanding with the Santa Monica Police
Officers' Association (SMPOA) was continued to the meeting of
November 2, 1993.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual
appointments of members to Boards and Commissions was continued
to the meeting of November 2, 1993.
14-B: COUNCIL PROCEDURES: The request of Councilmember
Rosenstein to discuss consideration of Council procedures was
continued to the meeting of November 2, 1993.
14-C: STREET SWEEPING HOURS: The request of Councilmember Olsen
to discuss directing staff to prepare a report on the feasibility
of changing street sweeping hours to after 9:00 A.M. in
residential areas was continued to the meeting of November 2,
1993.
14-D: CRIME STATISTICS/PARENTING REFERRAL PROGRAM: The request
of Councilmember Greenberg to discuss directing the City Attorney
to prepare statistics regarding prosecution of all crimes and
cases involving public safety ordinances and to establish a
parenting referral program based on the Los Angeles City
Attorney's Parenting Program was continued to the meeting of
November 2, 1993.