CITY OF SANTA MONICA
CITY COUNCIL MEETING 11/09/93
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.
4-A: SHARE THE HOLIDAYS: Mayor Abdo presented a proclamation
declaring December 11, 1993, as "Share the Holidays" day in the
City of Santa Monica.
6. CONSENT CALENDAR: Presented was the Consent Calendar,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion. Member of the
public Joy Fullmer addressed the Consent Calendar. Mayor Pro
Tempore Vazquez moved to approve the Consent Calendar, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Councilmember Holbrook. The motion
was approved by the following vote:
Council vote: Unanimously approved: Councilmembers Genser,
Greenberg, Holbrook,
Olsen, Rosenstein,
Vazquez, Mayor Abdo.
6-A: MINUTES APPROVAL: The minutes of the City Council meeting
of October 26, 1993, were approved as submitted.
6-B: FINAL TRACT MAP NO. 51368/CONDOMINIUMS/1302 STANFORD
STREET: Resolution No. 8678(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 51368 FOR A PROJECT AT 1302
STANFORD STREET," was adopted thereby approving a 6-unit
condominium project at 1302 Stanford.
Staff Report
6-C: REDUCTION OF NUMBER OF SEATS/SANTA MONICA ARTS COMMISSION:
The recommendation to direct the City Attorney to prepare an
ordinance amending Santa Monica Municipal Code Section 2.64.020
reducing the number of seats on the Santa Monica Arts Commission
was approved.
Staff Report
6-D: CHILD CARE CENTERS: Ordinance No.1711 (CCS) 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 adopted on second
reading.
Staff Report
6-E: REMEDIATION ACTIVITIES/RELEASE FROM UNDERGROUND STORAGE
TANKS AT THE AIRPORT ADMINISTRATION BUILDING: The recommendation
to authorize the City Manager to negotiate and execute a contract
with Converse Environmental West in the amount of $115,230 to
conduct remediation activities related to the release from
underground storage tanks at the Airport Administration Building
was approved.
Staff Report
6-F: WASTEWATER ENTERPRISE REVENUE BONDS/HYPERION PROJECT:
Resolution No. 8679(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $39,750,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF
SANTA MONICA WASTEWATER ENTERPRISE REVENUE BONDS (HYPERION
PROJECT), 1993 REFUNDING SERIES, APPROVING THE EXECUTION AND
DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE AND A BOND PURCHASE
AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER
MATTERS RELATED THERETO," was adopted.
Staff Report
END OF CONSENT CALENDAR
8-A: PROHIBITION OF SMOKING: Presented was an ordinance for
adoption and second 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. Councilmember Holbrook
moved to adopt Ordinance No. 1709(CCS) 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," reading by title only
and waiving further reading thereof. Second by Councilmember
Rosenstein. Councilmember Olsen moved a substitute motion to
adopt the ordinance with the change that there be no smoking in
restaurants, restaurants with bars, or bars, and exempting
outdoor areas. Second by Councilmember Genser. Discussion was
held. The substitute motion failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Olsen, Genser
Negative: Councilmembers Vazquez, Rosenstein,
Holbrook, Greenberg, Mayor Abdo
Discussion was held. Councilmember Olsen moved to amend the
motion that the ordinance be considered an emergency ordinance
with the effective date of December 1, 1993. Second by
Councilmember Genser. Discussion was held. Councilmember Olsen
withdrew his motion. The main motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Vazquez,
Rosenstein, Holbrook, Greenberg,
Mayor Abdo
Negative: Councilmembers Olsen, Genser
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 service lives are not as important as
profits, and perhaps campaign contributions; and, thirdly, the
maker of the motion was not even clear as to what this motion
really is and how it will really be carried out in bars and
restaurants. Councilmember Olsen also requested to include his
statement that no councilmember has said why Council is
protecting some workers and some people in Santa Monica and not
protecting people that could be in the same establishment or
another establishment simply because they are serving a different
type of beverage.
Councilmember Rosenstein moved to request staff to return with a
proposal for a community-wide education program and discussions
regarding lobbying efforts on behalf of no smoking in the
workplace proposals. Second by Mayor Pro Tempore Vazquez. Mayor
Abdo moved to amend the motion to ask staff to contact the
Restaurant Association, the Bayside District Merchants
Association, and the Chamber of Commerce to ensure that they are
part of the educational program. The motion was accepted as
friendly. Councilmember Rosenstein moved to amend the motion to
direct staff to return with an amendment to the ordinance
addressing the exemption to bars to have the exemption apply only
to those bars established prior to this evening. The motion was
accepted as friendly. The motion was unanimously approved.
8-B: 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. Councilmember Genser moved
to adopt Ordinance No. 1710(CCS) 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," reading by title only
and waiving further reading thereof. Second by Mayor Abdo.
Council asked questions of staff. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Rosenstein, Vazquez, Mayor Abdo
Negative: Councilmembers Holbrook, Olsen
Councilmember Holbrook requested that the record reflect that he
voted "no" on this item because he disagrees with Council that
Palisades Park should be included in this experiment and he
believes that it is unwise to include an off-leash dog run
alongside homes of people who own dogs themselves.
8-C: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE:
Presented was an ordinance for introduction and first reading
amending Santa Monica Municipal Code Sections 6.36.080 and
6.36.110 related to Street Performance Regulations for the Third
Street Promenade and recommendation to adopt a Resolution
establishing parameters of designated areas for performing on the
Third Street Promenade. Council asked questions of staff. At
8:15 P.M., Mayor Abdo declared the public hearing open. Members
of the public Kathryn Mora, Charles Marsh, Richard Solomon, and
Jesse Law spoke in opposition to the ordinance. Member of the
public Joy Fullmer expressed her concerns. Members of the public
Hanna Hartnell, Ron Cano, Tony Palermo, and Bill Imhoff spoke in
support of the ordinance. Mayor Abdo closed the public hearing
at 9:00 P.M. Council asked questions of staff. Councilmember
Genser moved to introduce for first reading an ordinance amending
the Santa Monica Municipal Code Sections 6.36.080 and 6.36.110,
as outlined in the staff report, and adopt a resolution
establishing parameters of designated areas for performing on the
Third Street Promenade, and increase the revenue budget by
$3,600. Discussion was held. The motion was approved by the
following vote:
Staff Report
Council vote: Unanimously approved: Councilmembers Genser,
Greenberg, Holbrook,
Olsen, Rosenstein,
Vazquez, Mayor Abdo.
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 6.36.080 AND 6.36.110, CHAPTER 2A OF ARTICLE VI
OF THE SANTA MONICA MUNICIPAL CODE RELATED TO STREET PERFORMANCE
REGULATIONS FOR THE THIRD STREET PROMENADE," was introduced for
first reading by title only, waiving further reading thereof; and
Resolution No. 8680(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARAMETERS OF
DESIGNATED AREAS FOR PERFORMING ON THE THIRD STREET PROMENADE,"
was adopted.
8-D: AMENDMENT OF SOLID WASTE ORDINANCE: Presented was an
ordinance for introduction and first reading amending the City's
solid waste ordinance allowing voluntary participation in a fee-
for-use program to collect and dispose of small business
hazardous waste and recommendation to adopt a resolution
establishing fees for the program. At 9:20 P.M., Mayor Abdo
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Mayor Abdo closed the public
hearing at 9:25 P.M. Councilmember Holbrook moved to adopt for
first reading the proposed amendments to the City's solid waste
ordinance to allow voluntary participation in a fee-for-use
program to collect hazardous waste from eligible Santa Monica
businesses at the City's Household Hazardous Waste Collection
Facility and adopt the resolution which establishes fees for the
program. Second by Mayor Pro Tempore Vazquez. The motion was
approved by the following vote:
Staff Report
Council vote: Unanimously approved: Councilmembers Genser,
Greenberg, Holbrook,
Olsen, Rosenstein,
Vazquez, Mayor Abdo.
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 SOLID WASTE ORDINANCE TO ALLOW VOLUNTARY
PARTICIPATION IN A FEE FOR USE PROGRAM TO COLLECT AND DISPOSE OF
SMALL BUSINESS HAZARDOUS WASTE," was introduced for first reading
by title only, waiving further reading thereof; and, Resolution
No. 8681(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING FEES FOR THE COLLECTION AND
MANAGEMENT OF HAZARDOUS WASTE GENERATED BY QUALIFIED BUSINESSES,"
was adopted.
9-A: LAND USE AND TRANSPORTATION MANAGEMENT DEPARTMENT:
Presented was the recommendation to review and concur with the
priorities for the Land Use and Transportation Management
Department for Fiscal Year 93-94. Council asked questions of
staff. Members of the public Joy Fullmer and Brian Ouzounian
expressed their concerns. Councilmember Genser moved to approve
the FY 93/94 priorities for the Land Use and Transportation
Management with the amendment that the last item on Page 8
(DEVELOP PROVISION TO PROHIBIT COMMON UNDERGROUND PARKING FOR
COMMERCIAL DEVELOPMENT ON ADJACENT PARCELS) be moved to a first
priority project for FY 93/94 and move the BUSINESS PARK INTERIM
ZONING to pending projects. Second by Councilmember Olsen.
Councilmember Genser moved to amend the motion to move the sole
item on Page 4 (PERMIT LIFESPAN AMENDMENTS) to a first priority
project for FY 93/94 and move CARWASH STANDARDS to pending
projects. The motion was accepted as friendly. Councilmember
Rosenstein moved to amend the motion that the following pending
projects be moved to first priority projects for FY 93/94: Page
7 (DEVELOP POLICIES AND STANDARDS TO ENCOURAGE HOUSING IN
COMMERCIAL DISTRICTS) and Page 8 (DEVELOP COMPATIBILITY STANDARDS
FOR RESIDENTIAL USES IN COMMERCIAL DISTRICTS and MODIFY THE
NEIGHBORHOOD OVERLAY DISTRICT TO INCORPORATE PEDESTRIAN-ORIENTED
DESIGN). Discussion was held. Councilmember Rosenstein withdrew
his motion. Councilmember Rosenstein moved to amend the motion
that the Sunset Park Neighborhood Traffic Plan be temporarily
removed from the priority list and that work be suspended on it
until a public hearing can be held before Council in order to
determine the direction of that particular project. Second by
Councilmember Holbrook. Discussion was held. The amendment
failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Rosenstein,
Holbrook
Negative: Councilmembers Vazquez, Olsen,
Greenberg, Genser, Mayor Abdo
Councilmember Greenberg moved to amend the motion to direct staff
to provide an information item within one week as to the costs
associated with suspending work on the EIR and what it would cost
to stop and start again. The motion was accepted as friendly.
Discussion was held. The motion was approved by the following
vote:
Council vote: Unanimously approved: Councilmembers Genser,
Greenberg, Holbrook,
Olsen, Rosenstein,
Vazquez, Mayor Abdo.
Councilmember Genser moved to hear the "15" items at this time.
The motion was duly seconded and unanimously approved.
15: PUBLIC INPUT: Member of the public Art Casillas reported on
drug problems in Pico Neighborhood. Member of the public Paul
Breit discussed the proposal put forth by the First Methodist
Church with regard to senior citizen housing. Member of the
public Joy Fullmer discussed the price being charged by the City
for photocopies and addressed the policies of appointing members
to various City commissions.
13-A: EDWARD CHAIDES/OUTSTANDING DEBT/COMMUNITY CORPORATION:
The request of Edward Chaides to address Council regarding an
outstanding debt involving the Community Corporation of Santa
Monica and Burns-Pacific Construction Company was withdrawn at
the request of Mr. Chaides of Pacific Framing Systems.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual
appointments of members to Boards and Commissions was continued
to the meeting of November 23, 1993.
14-B: COUNCIL PROCEDURES: The request of Councilmember
Rosenstein to discuss consideration of Council procedures was
continued to the meeting of November 23, 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 23,
1993.
Mayor Pro Tempore Vazquez moved to extend the meeting to
11:15 P.M. Second by Councilmember Genser. The motion was
unanimously approved.
9-B: CLOSED SESSION: City Clerk Dykhouse was excused from the
meeting at 10:28 P.M. City Manager Jalili was appointed Acting
City Clerk. At 10:28 P.M., Council adjourned to Closed Session
for the purpose of considering personnel matters. At 11:14 P.M.,
Council reconvened with all members present.