CITY OF SANTA MONICA
CITY COUNCIL MEETING 11/02/93
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.
8-A: 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. Councilmember Olsen moved to
introduce the ordinance as prepared by staff with a change to
include bars and restaurants under the smoking prohibition.
Second by Councilmember Genser. Councilmember Genser moved to
amend the motion to include outdoor dining areas in the non-
smoking areas. The motion was accepted as friendly.
Discussion was held. Councilmember Rosenstein moved a
substitute motion to introduce the ordinance as prepared by
staff with the following changes: 1) affected restaurants
would be required to post a "no smoking" sign with letters at
least 1" high or utilize the international "no smoking"
symbol; 2) effective date to be Monday, January 3, 1994; 3)
Page 7, Section 3(c) in the highlighted area strike the words
after "and" to where it says "served," which effectively
exempts bars in which the serving of food is only incidental
to serving of alcohol; and direct staff to return by September
1994 with a proposal which would ban smoking in all work
places in the City of Santa Monica and during the intervening
time period that the City conduct a wide-ranging public
discussion in the City about this issue, seek the opinions of
residents, businesses, and others who would be affected by the
scope of the ordinance, study actions in other cities, record
data about the effects of the ordinance on restaurants and tax
revenue to the City, engage in, and hire staff if necessary,
lobbying activities to encourage surrounding cities in the
County to engage in developing similar ordinances,
energetically lobby for a statewide ban on smoking in the work
place at state level and on a federal level support the
Friedman Bill and the Waxman Bill, and very carefully study
all the nuances involved in such a wide-ranging ordinance,
carefully assess how it will work, and encourage wide-spread
discussion in the community. Second by Councilmember
Holbrook. 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
Councilmember Genser requested that the record reflect that he
voted "no" on this motion because it does not go far enough in
that the City is not meeting its obligation to protect the
public health of the people of the City and there is no
evidence before Council that having universal non-smoking
establishments is adverse economically and there is
significant evidence that any amount of second-hand smoke is
dangerous to the health of the people and, finally, studies
have shown that most people in this community will accept non-
smoking establishments.
Councilmember Olsen requested that the record reflect that he
voted "no" on this motion because it ignores the compelling
evidence supplied by the American Cancer Society that says
that there is no safe level for second-hand smoke; secondly,
the ordinance says that alcohol lives are not as important as
profits, and perhaps campaign contributions; and, thirdly, the
maker of the motion was not clear as to what this motion
really is and how it will really be carried out in bars and
restaurants.
Councilmember Holbrook asked that his written remarks
regarding his affirmative vote be included in the record.
By virtue of the above action, an ordinance entitled: ""AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.44.030 OF THE SANTA MONICA MUNICIPAL CODE
TO PROHIBIT ALL SMOKING IN INDOOR RESTAURANTS; AMENDING
SECTION 4.44.040 OF THE SANTA MONICA MUNICIPAL CODE 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," was introduced as amended, for first reading by
title only waiving further reading thereof.
Councilmember Holbrook moved to continue Item No. 9-A until
such a time as the City Manager, Mayor, and Mayor Pro Tempore
deem appropriate. 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 January 1994.
11-A: GUN CONTROL: Presented was 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. Council asked questions of
staff. Member of the public Joy Fullmer expressed her
concerns. Councilmember Greenberg moved to permit the Santa
Monica Commission on the Status of Women to participate in and
support this coalition of women's organizations to control
guns and gun violence. Second by Councilmember Genser.
Discussion was held. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS:
Councilmember Holbrook moved to appoint Dennis Zane as a
member of the Bayside District Corporation and Nancy Cattell
as a member of the Housing Commission. Second by Mayor Pro
Tempore Vazquez. Mayor Abdo moved by acclamation. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Abdo announced that the floor would consider nominations
to fill vacancies of members to the Social Service Commission.
Councilmember Genser nominated Alan Toy. There being no
further nominations, nominations were closed. Mayor Abdo
moved to appoint Alan Toy to the Social Service Commission by
acclamation. The motion was unanimously approved.
Discussion was held. Councilmember Genser moved to appoint a
member to the Accessibility Appeals Board. Second by
Councilmember Olsen. The motion failed, Councilmembers
Greenberg, Holbrook, Rosenstein, Vazquez, and Mayor Abdo
opposed. By general consent appointments to Housing Board,
Pier Restoration Board and Building and Safety Board were
continued.
14-B: COUNCIL PROCEDURES: The request of Councilmember
Rosenstein to discuss consideration of Council procedures was
continued to the meeting of November 9, 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 9, 1993.
14-D: CRIME STATISTICS/PARENTING REFERRAL PROGRAM: Presented
was 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. Council
asked questions of staff. Discussion was held. Councilmember
Greenberg moved to direct the City Attorney to prepare
statistics regarding prosecution of all crimes and cases
involving public safety ordinances on a quarterly basis and to
study the possibility of setting up a parenting program and
report back to Council. The motion was duly seconded. Member
of the public Joy Fullmer expressed her concerns. The motion
was unanimously approved.
9-B: CLOSED SESSION: At 9:35 P.M., Council adjourned to
Closed Session for the purpose of discussing the following
cases:
1. City of Santa Monica v. City of Los Angeles,
threatened litigation concerning proposed Playa
Vista development;
2. People v. Regina Barrett, Los Angeles Municipal
Court Case No. 93M00496;
City Clerk Dykhouse was excused from the meeting. City
Manager Jalili was appointed Deputy Clerk.