CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 29, 1994
An adjourned meeting of the Santa Monica City Council was called to
order by Mayor Pro Tempore V zquez at 7:45 P.M. on Tuesday, March
29, 1994, in the Council Chambers.
Roll Call: Present: Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Absent: Mayor Judy Abdo
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Councilmember Rosenstein led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
Councilmember Olsen moved to add emergency Item No. 14-D. Second
by Councilmember Rosenstein. The motion was unanimously approved,
Mayor Abdo absent.
9-A: CLOSED SESSION: At 7:50 P.M., Council adjourned to
Closed Session for consideration of the case of Pollock and
Williams v. Genser et al., Los Angeles Superior Court Case No.
BS 020578.
At 8:10 P.M., Council reconvened with all members present
except Mayor Abdo. Mayor Pro Tempore announced that no action
was taken.
Agenda Item Nos. 14-A, 14-B, and 14-C were consolidated for
consideration at the meeting of March 22, 1994, and continued
to this meeting.
14-A: IMPLEMENTATION OF CERTAIN PUBLIC SAFETY MEASURES:
Request of Councilmember Greenberg and Councilmember Holbrook
to discuss direction to staff regarding the implementation of
certain public safety measures.
14-B: FORMULATION OF ENFORCEMENT PROCEDURES: Request of
Councilmember Greenberg and Councilmember Holbrook to discuss
direction to the City Attorney to work with the Police
Department in order to formulate enforcement procedures.
14-C: DEVELOPMENT OF COMPREHENSIVE APPROACH TO THE DELIVERY OF
HOMELESS SERVICES: Request of Councilmember Greenberg and
Councilmember Holbrook to discuss direction to staff to develop
a comprehensive approach to the delivery of homeless services.
Council asked questions of staff. Discussion was held.
Councilmember Rosenstein moved to direct staff to also explore
setting up an emergency shelter and return as quickly as
possible with a report. Second by Councilmember Genser.
Councilmember Genser moved to amend the motion to direct staff
to also explore an open type of facility for sleeping. The
motion was accepted as friendly. Discussion was held.
Councilmember Greenberg moved to amend the motion to ask staff
to study enforcement of Section 647(i) of the Penal Code, the
parks closure law, coupled with a program that explores
alternatives, such as a temporary facility or the offering of
vouchers or any other way to house people. The motion was
accepted as friendly. Discussion was held. Councilmember
Holbrook moved to amend the motion to repeal Section
4.08.091(f) of the Santa Monica Municipal Code with regard to
Park Closure. Discussion was held.
At 10:10 P.M., Council adjourned for a short recess. Council
reconvened at 10:30 P.M. with all members present except Mayor
Abdo.
Discussion continued. The amendment was not accepted as
friendly and died for lack of a second. The main motion, as
amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein, and
Vazquez
Absent: Mayor Abdo
Council asked questions of staff. Councilmember Greenberg
moved to direct staff to prepare an ordinance to repeal Santa
Monica Municipal Code Section 4.08.09(f), which exempts people
from sleeping in the park, and also prepare an ordinance
repealing Section 647(i) which prohibits people from sleeping
in the parks between the hours of 12:00 Midnight and 5:00 A.M.
without a permit, understanding that ordinances will be
returned to Council and there will be public hearings on those
ordinances at that time. Second by Councilmember Holbrook.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein, and
Vazquez
Absent: Mayor Abdo
Councilmember Holbrook moved to direct staff to prepare an
ordinance prohibiting aggressive panhandling, panhandling in
the City between the hours of 7:00 P.M. and 7:00 A.M., and
prohibiting panhandling in the Bayside District. Second by
Councilmember Greenberg. Council asked questions of staff.
Councilmember Greenberg moved to amend the motion to direct the
City Attorney to prepare an ordinance prohibiting aggressive
panhandling, defining aggressive panhandling, and study the
legality of including in that ordinance the prohibition of a
person approaching another person and asking for money between
the hours of 7:00 P.M. and 7:00 A.M. Council asked questions
of staff. The motion was accepted as friendly. Discussion was
held. Councilmember Greenberg moved to direct staff to develop
a program to inform the public about the mechanisms available
for making citizens arrests for panhandling, trespassing, and
other disorderly conduct and expedite the enforcement of these
offenses. Discussion was held. Councilmember Rosenstein moved
to amend the motion to direct staff to develop an educational
program which discourages people from giving to panhandlers and
encourages people to give to positive programs. Councilmember
Rosenstein moved to amend the motion to consider an ordinance
prohibiting loitering in public parking lots. The amendments
were accepted as friendly with the stipulation that citizen
arrests for panhandling be changed to aggressive panhandling.
Councilmember Genser moved to amend the motion to ask staff to
work with the Bayside District to provide training with regard
to encouraging people to exercise their rights. The motion was
accepted as friendly. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser
Negative: Councilmember Vazquez
Absent: Mayor Abdo
Councilmember Olsen moved to extend the meeting to 12:00
Midnight. Second by Councilmember Genser. The motion was
unanimously approved, Mayor Abdo absent.
Councilmember Greenberg moved to direct the City Attorney to
prepare an ordinance amending Section 2.32.220.1 of the Santa
Monica Municipal Code so that unclaimed property may be
disposed of after 90 days in accordance with state law. Second
by Councilmember Genser. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser,
Vazquez
Absent: Mayor Abdo
Councilmember Greenberg moved to direct the City Attorney to
draft an ordinance which provides that any person serving food
to the general public must obtain a city business license and
comply with all applicable city and county requirements
relating to food service and, to expedite enforcement,
incorporate Los Angeles County Health Code ordinances relating
to food service and handling into the Santa Monica Municipal
Code. Second by Councilmember Holbrook. Discussion was held.
Councilmember Genser moved to amend the motion to direct staff
to study food service to the general public as a health and
safety regulation rather than a park regulation and report back
with options. The motion was accepted as friendly. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser,
Vazquez
Absent: Mayor Abdo
Councilmember Greenberg moved to ask staff to work with the
California Grocers Association and enforce the provisions of
Business and Professions Code Section 22435.2 prohibiting the
possession of shopping carts. Second by Councilmember
Holbrook. Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser,
Vazquez
Absent: Mayor Abdo
Councilmember Greenberg moved to direct staff to look at the
delivery of homeless services and return with a report on how
that delivery can be improved upon with an emphasis on
encouraging people to return to the workplace and also
providing data on what programs are working and what programs
are not working and also to look at bringing the programs into
parity so that emergency services are on parity with other
long-term services which are being offered. Second by
Councilmember Holbrook. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser,
Vazquez
Absent: Mayor Abdo
Discussion was held. Councilmember Genser moved to direct
staff to return for a discussion of how the City is
prioritizing, enforcing, and prosecuting issues pertaining to
public drunkenness and disorderly conduct. Second by
Councilmember Olsen. Councilmember Greenberg moved to amend
the motion to form a public safety ad hoc committee. The
motion was not accepted as friendly. Councilmember Genser moved
to extend the meeting to 12:30 A.M. Second by Councilmember
Olsen. The motion was unanimously approved, Mayor Abdo absent.
Discussion was held. Councilmember Greenberg withdrew her
amendment. Councilmember Greenberg moved to amend her motion
to direct that enforcement of public drunkenness and disorderly
conduct be commenced immediately with the report regarding
priorities following. The motion was accepted as friendly.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser,
Vazquez
Absent: Mayor Abdo
Councilmember Greenberg moved that a standing public safety
committee be formed comprised of three Councilmembers to
discuss public safety issues on an ongoing basis and report to
Council periodically. Second by Councilmember Holbrook.
Discussion was held. Councilmember Olsen moved a substitute
motion to conduct a study session (or a series of study
sessions) in the beginning of May pertaining specifically to
public safety issues that in the beginning is a meeting of the
Council as a whole at a public meeting and that it be televised
and broadcast on the radio and then make a decision with regard
to the formation of a sub-committee. Councilmember Greenberg
withdrew her motion. Substitute motion was seconded by
Councilmember Genser. Discussion was held. Councilmember
Olsen moved to amend his motion that a public hearing follow
the study session. The motion was approved unanimously as
amended.
14-D: EXPENDITURE OF TRAVEL FUNDS/TOUR SHELTER IN BERKELEY:
Council asked questions of Councilmember Olsen. Councilmember
Olsen moved to extend the meeting to 12:45 A.M. Second by
Councilmember Genser. The motion was unanimously approved,
Mayor Abdo absent. Member of the public Joy Fullmer expressed
her concerns. Member of the public Beloved Quail made
suggestions for visits to other facilities. Councilmember
Genser moved to authorize the expenditure of Council travel
funds for councilmembers to tour a city-owned and operated
shelter in Berkeley, California. Second by Councilmember
Olsen. The motion was unanimously approved, Mayor Abdo absent.
Councilmember Rosenstein was excused from the meeting at 12:40
A.M.
Councilmember Genser moved to extend the meeting until members
of the public who have submitted chits for Item No. 15, and who
are present, have been heard for two minutes each. Second by
Councilmember Greenberg. The motion was unanimously approved,
Councilmember Rosenstein and Mayor Abdo absent.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns regarding the economy. Member of the public
Richard Cohen expressed his concerns regarding programs for the
homeless and suggested town-hall meetings. Members of the
public Ron Taylor, Marguerite Waller, Jerry Rubin, Beloved
Quail and Leigh Kavanaugh discussed the problems of
homelessness.
ADJOURNMENT: At 12:55 A.M., the meeting was adjourned.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor