CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 26, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:55 P.M. on Tuesday, April 26,
1994, in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
(arrived at 8:20 P.M.)
Deputy Clerk Anal¸a Montalvo
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
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 discussed items on the Consent
Calendar. Councilmember Holbrook moved to approve the
Consent Calendar, with the exception of Item Nos. 6-A, 6-F,
and 6-H, reading resolutions and ordinances by title only and
waiving further reading thereof. The motion was duly
seconded and approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8745(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY," was adopted.
Staff Report
6-C: CONGESTION MANAGEMENT PROGRAM/LOCAL IMPLEMENTATION
REPORT: Resolution No. 8746(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY
TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM
(CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089,"
was adopted.
Staff Report
6-D: BICYCLE AND/OR PEDESTRIAN FUNDS/SB821: Resolution No.
8747(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE
AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND PLACING THE FUNDS ON
RESERVE UNTIL ADOPTION OF THE CITY'S BICYCLE MASTER PLAN,"
was adopted.
Staff Report
6-E: IMPROVEMENTS/PICO-KENTER STORM DRAIN: The new Capital
Improvement Program appropriations of $96,000 were approved
and the City Manager was authorized to negotiate and execute
Amendment No. 1 to Interagency Agreement No. 62034 for
Improvements to the Pico-Kenter Storm Drain.
Staff Report
6-G: RENTAL HOUSING CODE ENFORCEMENT REPORT: The annual
Rental Housing Code Enforcement Report for 1993 from the
Building and Safety Division was received and filed.
Staff Report
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: The minutes of the City Council
meeting of April 12, 1994, were continued to the meeting of
May 10, 1994.
6-F: APPROVAL OF DATES/STUDY SESSIONS/1994-95 BUDGET:
Discussion was held. Councilmember Rosenstein moved to
approve the dates of June 6, 7, 8, and 9, 1994, for City
Council study sessions and the date of June 11, 1994, for a
study session for the public to consider the Proposed FY
1994-95 City budget. Second by Mayor Pro Tempore V zquez.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
6-H: AMENDMENT/EXCHANGE AGREEMENT/JONATHAN CLUB: Discussion
was held. Councilmember Genser moved to authorize the City
Manager to execute the amendment to the Exchange Agreement
and any other documents necessary to effectuate the moving of
the accessway forty feet south and rescind the Notice of
Intention to rezone the 916 lot. Second by Councilmember
Olsen. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
Mayor Abdo moved to consolidate Item Nos. 8-A, 8-B, 8-C, and
9-A, and have testimony and discussion only for Item No. 8-D
and continue a decision on this item to the meeting of May
10, 1994. Second by Councilmember Holbrook. Councilmember
Rosenstein moved to amend the motion that Item No. 11-A be
continued no longer than thirty days and be heard after
staff's recommendation with regard to security and safety in
Palisades Park. The motion was accepted as friendly. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
8-A: DISPOSITION OF UNCLAIMED PROPERTY: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Sections 2.32.210 to 2.32.260 regarding
disposition of unclaimed property;
Staff Report
8-B: SLEEPING IN THE PARKS: Presented was an emergency
ordinance for introduction and adoption repealing Santa
Monica Municipal Code Sections 4.08.090 and 4.08.092(f)
regarding sleeping in the parks and exempting violators of
Section 4.08.090 from prosecution under Section 4.08.091 and
declaring the presence of an emergency;
Staff Report
8-C: PROHIBITION OF AGGRESSIVE SOLICITATION: Presented was
an ordinance for introduction and first reading adding
Section 4.08.740 to the Municipal Code prohibiting aggressive
solicitation;
Staff Report
8-D: CONSTRUCTION OF AN EMERGENCY SHELTER/505 OLYMPIC
BOULEVARD: Presented was an emergency ordinance for
introduction and adoption waiving Zoning Ordinance
requirements and fees for construction of an emergency
shelter at 505 Olympic Boulevard and declaring the presence
of an emergency; and
Staff Report
9-A: AGGRESSIVE PANHANDLING AND ALTERNATIVES TO SLEEPING IN
PARKS: Presented were recommendations to address issues
raised at the March 29, 1994, City Council meeting including
aggressive panhandling and alternatives to sleeping in parks.
Council asked questions of staff. At 7:45 P.M., Mayor Abdo
declared the public hearing open.
Members of the public Len Doucette, Jerry Rubin, Irene Zivi,
Elizabeth Thomas, Ron Taylor, Bryan Ruiall, Patricia Ruiall,
and David Harris spoke in opposition to the proposals.
Member of the public Doris Ganga spoke in support of the
proposals to get homeless people out of the parks and off the
streets but spoke in opposition to the punitive measures
which have been proposed, and also spoke in support of the
proposed shelter at 505 Olympic and more lockers; however,
she spoke in opposition to park closure. Member of the
public Jan Ludwinski spoke in support of the proposal to
repeal the exemption for sleeping in the parks, encouraged
stricter laws for aggressive panhandling, questioned the
conclusions reached in the staff report with regard to the
proposed temporary shelter implementation, and urged Council
to be more assertive in revamping park policies. Members of
the public Laurie Newman, Robert Houston, Samuel Jett, Sandra
Kelley, Ruby Gonzalez, Edward Hillsman, and Nate Jenkins
discussed the problems of homelessness. Member of the public
Sam Stone made suggestions to assist the homeless. Members
of the public William Yeager and Mary Smith spoke in support
of shelter for the homeless. Member of the public Tom White
urged Council to address the problems of everyone, not just
the homeless, with compassion, understanding, tolerance, and
wisdom. Member of the public Shane Talbot expressed the
belief that there is sufficient funding for homeless services
already existing in the budget and urged Council to establish
accountability for those agencies within the City which
receive funding. Member of the public Juliette Anthony urged
Council to study the funding for homeless shelters and ensure
that one form of shelter is not being diminished by another.
Member of the public Yasmina Dimitros expressed her concerns
over treatment of the homeless. Member of the public Charles
Follette spoke in support of the proposals.
At 8:56 P.M., Council adjourned for a short recess. Council
reconvened at 9:30 P.M. with all members present.
8-A, 8-B, 8-C, 8-D, AND 9-A RESUMED:
Member of the public Marguerite Waller discussed the counter-
productivity of criminalizing people in need and spoke in
support of the concept of a shelter. Members of the public
Virginia Palmer and Lillie Terry urged Council to be guided
by compassion and wisdom in this matter. Members of the
public Gene Harries, Sherry Kellogg, Klaus Mennekes, Leigh
Kavanaugh, Rich Casale, Paul DeSantis, and Jean Sedillos
spoke in support of the proposals. Member of the public Art
Casillas made suggestions. Members of the public Crystal
Bell and Rita Lowenthal spoke in opposition to the proposals.
Members of the public Marla Hollingsworth, Beverlee Ranger,
and Eugene Simmons discussed the problems of homelessness.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Merritt Coleman stated his belief that
the federal government must do its fair share in dealing with
the problem of homelessness. Member of the public Bill
Skinner urged the provision of shelter for the homeless and
made suggestions. Member of the public Andre Garret
discussed the problems of dealing with the issue of
homelessness. Member of the public David Hicks spoke in
support of dealing with aggressive panhandling and the
provision of shelter for the homeless. Members of the public
Rachel Feldstein, Bruria Finkel, and Jean Gebman spoke in
support of the provision of shelter for the homeless. Member
of the public Beloved Quail discussed the problems of
homelessness and made suggestions. Member of the public
Michael Tarbet spoke in support of the recommendations with
the provision that adequate services for the homeless be
provided and encouraged Council to seek federal assistance.
Member of the public Bruce Rankin discussed the services
being provided by direct service agencies and reported
statistics.
Mayor Pro Tempore V zquez moved to hear late speakers.
Second by Councilmember Olsen. The motion was approved,
Councilmember Holbrook opposed. Members of the public
Madelynn Kopple and Alan Goldsmith discussed problems they
have been having with homeless individuals at their places of
business. Member of the public B.J. Adelson spoke in support
of the proposals. Member of the public James Cole discussed
the problems of homelessness. Mayor Abdo closed the public
hearing at 10:38 P.M. Council asked questions of staff.
Councilmember Holbrook moved to continue the meeting to 12:00
Midnight. Second by Councilmember Genser. The motion was
unanimously approved. Questions of staff continued.
Councilmember Genser moved to direct staff to work toward the
establishment of a temporary shelter including, as
recommended, additional lockers for 75 to 100 people than are
currently available, but selection of a site will be left to
future public action; designate the Salvation Army as the
operator of the 75 to 100 bed shelter; direct the City
Manager to negotiate and execute a contract for operating
assistance to the Salvation Army; direct staff to pursue
further research and, if feasible, to develop a program
taking homeless people to downtown Los Angeles SROs and other
housing resources; and direct staff to evaluate the use of
motel vouchers to families as part of the comprehensive
homeless services approach for the next fiscal year. Second
by Councilmember Olsen. Councilmember Holbrook moved to
amend the motion to direct staff to fund the project
described and which the Salvation Army is being designated to
operate from existing funds available for social services in
the budget. The motion was not accepted as friendly. Second
by Councilmember Greenberg. Discussion was held. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Holbrook,
Greenberg
Negative: Councilmembers V zquez, Rosenstein,
Olsen, Genser, Mayor Abdo
Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser,
Mayor Abdo
Negative: Councilmembers Holbrook, Greenberg
Councilmember Holbrook requested that the record reflect that
he voted "no" on this item because he feels that the expenses
incurred will be far beyond what is currently required by
law.
Councilmember Holbrook moved to introduce for first reading
an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2.32.210 TO 2.32.260 REGARDING DISPOSITION OF
UNCLAIMED PROPERTY," reading by title only and waiving
further reading thereof. Second by Councilmember Greenberg.
Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
Councilmember Holbrook moved to adopt Ordinance No. 1736(CCS)
entitled: "AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING SANTA MONICA MUNICIPAL CODE
SECTIONS 4.08.090 AND 4.08.092(f) REGARDING SLEEPING IN THE
PARKS AND EXEMPTING VIOLATORS OF SECTION 4.08.090 FROM
PROSECUTION UNDER SECTION 4.08.091 AND DECLARING THE PRESENCE
OF AN EMERGENCY," reading by title only and waiving further
reading thereof, amended to eliminate reasons for people
being in the park after it is closed with the exception if
said people are there on any City-permitted use and
eliminating the sunset clause. Second by Councilmember
Greenberg. Discussion was held. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Rosenstein,
Olsen, Holbrook, Greenberg,
Genser
Negative: Councilmember V zquez, Mayor Abdo
Councilmember Genser moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.740 TO THE MUNICIPAL
CODE PROHIBITING AGGRESSIVE SOLICITATION," reading by title
only and waiving further reading thereof. Second by
Councilmember Olsen. Discussion was held. Councilmember
Greenberg moved to amend the motion to ask the City Attorney
to follow-up on the City of Santa Cruz ordinance to determine
if there are portions of this ordinance which can be
incorporated into this ordinance or have in a separate
ordinance. The motion was accepted as friendly. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser,
Greenberg, Holbrook, Olsen,
Rosenstein, V zquez, Mayor Abdo
Councilmember Rosenstein moved to ask the City Attorney to
return with an analysis as to whether or not loitering can be
prohibited in parking structures and around ATM machines.
Second by Councilmember Greenberg. The motion was
unanimously approved.
A decision on Item No. 8-D, the emergency ordinance for
introduction and adoption waiving Zoning Ordinance
requirements and fees for construction of an emergency
shelter at 505 Olympic Boulevard and declaring the presence
of an emergency, was continued to the meeting of May 10,
1994, at which time members of the public who did not speak
this evening may provide input.
8-E: PURCHASING PROCEDURES: The emergency ordinance for
introduction and adoption adding Santa Monica Municipal Code
Sections 2.24.071, 2.24.072 and 2.24.073 and amending
Sections 2.24.070, 2.24.080, 2.24.090, 2.24.100 and 2.24.120
regarding purchasing procedures and declaring the presence of
an emergency was withdrawn at the request of staff.
Staff Report
8-F: EXPEDITED REVIEW/EARTHQUAKE DAMAGE: Presented was an
emergency ordinance for introduction and adoption providing
for expedited review of applications for new construction of
single family homes damaged by the earthquake, waiving fees
and declaring the presence of an emergency. Discussion was
held. At 12:00 Midnight, Mayor Abdo declared the public
hearing open. Member of the public Joy Fullmer expressed her
concerns. Mayor Abdo closed the public hearing at 12:01 A.M.
Councilmember Greenberg moved to adopt Ordinance No.
1737(CCS) entitled: "AN EMERGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA PROVIDING FOR EXPEDITED
REVIEW OF APPLICATIONS FOR NEW CONSTRUCTION OF SINGLE FAMILY
HOMES DAMAGED BY THE EARTHQUAKE, WAIVING FEES AND DECLARING
THE PRESENCE OF AN EMERGENCY," reading by title only and
waiving further reading thereof. Second by Councilmember
Genser. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser,
Greenberg, Holbrook, Olsen,
Rosenstein, V zquez, Mayor Abdo
8-G: PARABOLIC AND NONPARABOLIC ANTENNAS: The ordinance for
introduction and first reading amending the Zoning Ordinance
to regulate the location and height of noncommercial,
nonparabolic antennas; to create standards to commercial
nonparabolic antennas; and to modify existing code sections
pertaining to parabolic antennas was continued to the meeting
of May 10, 1994.
9-B: WAIVER OF PURCHASING REQUIREMENTS/CONSTRUCTION OF
SHELTER ON PUBLIC PROPERTY: The resolution waiving the
purchasing requirements for construction of a shelter on
public property was withdrawn at the request of staff.
Staff Report
9-C: CLOSED SESSION: Held at end of meeting.
11-A: FUNDING/PUBLIC SAFETY PILOT PROGRAM/THIRD STREET
PROMENADE: The recommendation from the Bayside District
Corporation to approve funding for a public safety pilot
program for the Third Street Promenade was continued up to 30
days.
14-A: APPOINTMENT/SOCIAL SERVICES COMMISSION: Mayor Pro
Tempore V zquez moved to continue the appointment of a member
to the Social Services Commission to the meeting of May 24,
1994. Second by Mayor Abdo. The motion was unanimously
approved.
14-B: ANALYSIS OF FLIGHT OPERATIONS/SANTA MONICA AIRPORT:
The request of Councilmember Holbrook to discuss directing
staff to retain an independent expert to analyze flight
operations at the Santa Monica Airport was continued to the
meeting of May 10, 1994.
14-C: COASTAL COMMISSION PERMIT: The request of
Councilmember Holbrook to direct the City Attorney to seek
compliance with the Coastal Commission Permit issued for the
property located at the northwest corner of Arizona and 4th
Street (Security Bank Building) was continued to the meeting
of May 10, 1994.
15: PUBLIC INPUT: Member of the public Joy Fullmer
expressed her concerns.
By general consensus, the meeting was extended through the
Closed Session.
9-C: CLOSED SESSION: At 12:05 A.M., Council adjourned to
Closed Session for the purpose of discussing the following
cases:
1. Beata Siwik v. City of Santa Monica, Case No. SC
104239.
2. Motamedi v. City of Santa Monica; Hashemi v. City
of Santa Monica, Case No. SC 022690, consolidated
with SC 023258.
3. Joseph Gutman v. City of Santa Monica, Case No.
CV 92-0860 RMT.
At 12:20 A.M., Council reconvened.
City Attorney Moutrie announced that, during Closed Session,
Council considered the case of Joseph Gutman v. City of Santa
Monica and no action was taken.
ADJOURNMENT: At 12:20 A.M., the meeting was adjourned in
memory of President Richard M. Nixon.
ATTEST: APPROVED:
Beth Sanchez Judy Abdo
Assistant City Clerk Mayor