CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 10, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:47 P.M. on Tuesday, May 10, 1994,
in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
(arrived at 6:50 P.M.)
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
4-A: PROCLAMATION/PRESERVATION WEEK: Mayor Abdo presented a
proclamation declaring the week of May 8, 1994, as
"Preservation Week" in the City of Santa Monica.
Councilmember Holbrook moved to remove Item No. 8-C from the
agenda to be returned at a time deemed appropriate by the City
Manager. Second by Mayor Pro Tempore V zquez. The motion was
unanimously approved, Councilmember Genser absent.
SS-1: STUDY SESSION: Presented was the Study Session
discussing information and identification of major issues
related to the City's solid waste master plan and proposed
stormwater management utility. Council asked questions of
staff.
Councilmember Genser arrived at 6:50 P.M.
At 8:57 P.M., Council adjourned for a short recess. Council
reconvened at 9:23 P.M. with all members present.
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. Members of
the public Joy Fullmer, Len Doucette, Michael Malak, Steve
Burton, Jack Rubens, Ed Simmons, and Ron Taylor discussed
items
on the Consent Calendar. Mayor Pro Tempore V zquez moved to
approve the Consent Calendar, with the exception of Item Nos.
6-G and 6-H, 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: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
6-A: MINUTES APPROVAL: The City Council minutes of April 12,
19, and 26, 1994, were approved as presented.
6-B: DISPOSITION OF UNCLAIMED PROPERTY: Ordinance No.
1740(CCS) 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," was adopted.
Staff Report
6-C: PROHIBITION OF AGGRESSIVE SOLICITATION: Ordinance No.
1741(CCS) 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," was adopted.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8748(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-E: CONFIRMATION OF ASSESSMENT OF COSTS/FY 1992-93/STREET
RESURFACING AND APPURTENANT WORK: Resolution No. 8749(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SETTING A PUBLIC HEARING ON JULY 12, 1994, TO
HEAR
ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT
OF
COSTS FOR THE CONSTRUCTION OF CONCRETE GUTTERS, STREET
RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIRS AND THE
REMOVAL OF PAVEMENT IN PARKWAY AREAS AND APPURTENANT WORK ON
VARIOUS CITY STREETS IN CONJUNCTION WITH THE FY 1992-93 STREET
RESURFACING PROGRAM," was adopted thereby setting a public
hearing date of July 12, 1994.
Staff Report
6-F: AWARD OF BID/FURNISH AND DELIVER MEALS/SENIOR NUTRITION
DIVISION: Bid No. 2489 was awarded to Morrison's Hospitality
Group at the unit price of $2.35 to furnish and deliver meals
for the Senior Nutrition Division, Community and Cultural
Services Department.
Staff Report
END OF CONSENT CALENDAR
6-G: 4TH OF JULY CELEBRATION/REOPENING OF PALISADES PARK:
Discussion was held. Councilmember Genser moved to endorse
the
proposed afternoon community event in Palisades Park and
authorize staff to proceed with event planning and
preparation,
communicate to the public that the north end of the park will
also be renovated, and ask staff to return next year in
sufficient time to have "Dawn's Early Light" so that a
decision
can be made as to whether or not the event should be held.
Second by Councilmember Rosenstein. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
6-H: REJECTION OF BIDS/BEACH PARKING MANAGEMENT SERVICES:
Presented was the recommendation to reject all bids for Bid
No.
2486 to provide beach parking management services for the
Administration Division of the Community and Cultural Services
Department. Council asked questions of staff. Councilmember
Greenberg moved to reject all bids and authorize the City
Manager to negotiate and execute documents for month-to-month
operations until the procurement process for a permanent
operator can be reinstituted. Second by Councilmember Genser.
Staff Report
Discussion was held. Mayor Pro Tempore V zquez moved a
substitute motion to continue this item to allow additional
time for staff to complete the analysis of the bids, obtain
additional information from bidders, if necessary, and staff
complete the process and return to Council with a
recommendation. Second by Councilmember Holbrook. Discussion
was held. The substitute motion failed by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, V zquez
Negative: Councilmembers Genser, Greenberg,
Olsen, Mayor Abdo
Abstain: Councilmember Rosenstein
Council asked questions of staff. Councilmember Olsen moved
to
amend the main motion to include a process to notify Council
as
an information item with regard to the procedure. The motion
was accepted as friendly. Discussion was held. Mayor Pro
Tempore V zquez moved to amend the main motion to include in
the new bid process a general policy for a policy preference
for women- and minority-owned businesses. Discussion was
held.
The motion was accepted as friendly. Discussion was held.
The
main motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Olsen, Mayor Abdo
Abstain: Councilmembers Holbrook, Rosenstein,
V zquez
7-A: APPEAL/CONDITIONAL USE PERMIT 93-014/SATELLITE
ANTENNAS/119 OCEAN PARK BOULEVARD: The appeal of Planning
Commission approval of Conditional Use Permit 93-014, to allow
up to two ground-mounted satellite antennas located in the
rear
yard of the property located at 199 Ocean Park Boulevard was
continued to the meeting of June 14, 1994.
Mayor Pro Tempore V zquez moved to extend the meeting to 12:00
Midnight. Second by Mayor Abdo. The motion was unanimously
approved.
Councilmember Rosenstein moved to consolidate Item Nos. 8-A,
8-
B, 9-A, and 9-B. Second by Councilmember Genser. The motion
was unanimously approved.
8-A: EMERGENCY SHELTER/505 OLYMPIC BOULEVARD: Presented was
an emergency ordinance for introduction and adoption waiving
Zoning Ordinance and General Services requirements and fees
for
construction of an emergency shelter at 505 Olympic Boulevard.
Staff Report
8-B: PURCHASING PROCEDURES: Presented was an emergency
ordinance for introduction and adoption adding Santa Monica
Municipal Code Sections 2.24.071 to .073 and amending Sections
2.24.070, .080, .090, .100, and .120 regarding purchasing
procedures and declaring the presence of an emergency.
Staff Report
9-A: TEMPORARY SHELTER/505 OLYMPIC BOULEVARD: Presented was
the recommendation to select a temporary shelter site at 505
Olympic Boulevard.
Staff Report
9-B: FOREGO STANDARD BIDDING PROCEDURES/CONSTRUCTION OF
SHELTER: Presented was a resolution to forego standard
bidding
procedures for construction of a shelter on public property.
Staff Report
At 11:07 P.M., Mayor Abdo declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Ron Taylor spoke in opposition to the
construction of a shelter. Member of the public Len Doucette
discussed the problems of homelessness. Member of the public
Crystal Bell expressed concern with the practice of "park
sweeps," questioned how the shelters are being financed and
urged that the financing not be detrimental to other homeless
services, and asked various other questions about the proposed
shelter. Member of the public Michelle Oberman spoke in
opposition to the criminalization of homelessness. Member of
the public Kelly McConnell spoke in opposition to the closure
of parks when no other services have been provided and urged
Council to adopt a resolution to the County Board of
Supervisors increasing general relief to an acceptable level.
Member of the public Robert Rudd spoke in support of the
proposed homeless shelter. Member of the public Stranger
Quail
sang of the homeless problems. Member of the public Steve
Alpert spoke in support of the staff recommendation. Mayor
Abdo closed the public hearing at 11:32 P.M. Councilmember
Olsen moved to adopt Ordinance No. 1742(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
WAIVING ZONING ORDINANCE REQUIREMENTS, GENERAL SERVICES
REQUIREMENTS, AND FEES FOR CONSTRUCTION OF AN EMERGENCY
SHELTER
AT 505 OLYMPIC BOULEVARD AND DECLARING THE PRESENCE OF AN
EMERGENCY," 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:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser, Mayor
Abdo
Negative: Councilmember Holbrook
Abstain: Councilmember Greenberg
Council asked questions of staff. Councilmember Genser moved
to adopt Ordinance No. 1743(CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SANTA
MONICA MUNICIPAL CODE SECTIONS 2.24.071, 2.24.072 AND 2.24.073
AND AMENDING SANTA MONICA MUNICIPAL CODE 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," adding
the words "by City employees" to the end of SECTION 5,
Paragraph 2.24.080(5), reading by title only and waiving
further reading thereof. Second by Mayor Abdo. The motion
was
approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
Mayor Abdo moved to extend the meeting to 12:15 A.M. Second
by
Mayor Pro Tempore V zquez. The motion was approved,
Councilmembers Greenberg and Holbrook opposed.
Councilmember Olsen moved to: 1) direct staff to establish a
temporary shelter, including additional lockers, for 75 to 100
people at 505 Olympic to begin as soon as possible; 2) make
the
financial appropriation as defined in the Budget Impact
Section
of the staff report; 3) direct the City Manager to negotiate
and execute a contract for operating assistance with the
Salvation Army; 5) implement the park closure ordinance in
conjunction with opening of the shelter or as otherwise deemed
appropriate; 6) direct staff to pursue further research and,
if
feasible, develop a program linking homeless people to
downtown
Los Angeles SRO's and other housing resources; and 7) direct
staff to evaluate the use of motel vouchers for families as
part of the comprehensive homeless services approach to be
recommended in the FY 1994-95 Community Development Plan and
grant budget. Second by Mayor Abdo. Council asked questions
of staff. Discussion was held. The motion was approved by
the
following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser, Mayor
Abdo
Negative: Councilmember Holbrook
Abstain: Councilmember Greenberg
Councilmembers Greenberg and Holbrook were excused from the
meeting at 12:05 A.M.
Councilmember Olsen moved to adopt Resolution No. 8750(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO FOREGO STANDARD BIDDING PROCEDURES FOR
CONSTRUCTION OF A SHELTER ON PUBLIC PROPERTY," reading by
title
only and waiving further reading thereof. Second by Mayor
Abdo. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser, Mayor
Abdo
Absent: Councilmembers Greenberg, Holbrook
Councilmember Rosenstein was excused from the meeting at 12:06
A.M.
8-C: REGULATION OF ANTENNAS: The ordinance for introduction
and first reading amending Section 9.04.10 and part of
9.04.10.06 of the Santa Monica Municipal Code relating to the
regulation of nonparabolic and parabolic antennas; and
adoption
of a resolution modifying planning, zoning and land use fees
was continued.
Staff Report
8-D: LABELING OF SHELVES/TOXIC AND HAZARDOUS HOUSEHOLD
PRODUCTS: Presented was an ordinance for introduction and
first reading adding Chapter 5.36 to Article V of the Santa
Monica Municipal Code to require labeling of shelves where
toxic and hazardous household products are sold or
distributed.
Council asked questions of staff. At 12:10 A.M., Mayor Abdo
declared the public hearing open. Members of the public Dave
Paley, Roger Gorke, and Fernando Berton spoke in support of
the
proposed ordinance. Member of the public Joy Fullmer
expressed
her concerns. Councilmember Olsen moved to introduce for
first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5.36 TO
ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE
LABELING OF SHELVES WHERE TOXIC AND HAZARDOUS HOUSEHOLD
PRODUCTS ARE SOLD OR DISTRIBUTED," reading by title only and
waiving further reading thereof. Second by Mayor Pro Tempore
V zquez. Discussion was held. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Olsen,
V zquez, Mayor Abdo
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
9-C: CLOSED SESSION: Held at end of meeting.
11-A: OUTSIDE ACTIVITIES: The recommendation from the
Personnel Board to direct the City Attorney to prepare an
ordinance to amend Santa Monica Municipal Code Section
2.04.860
regarding Outside Activities was continued to the meeting of
May 24, 1994.
14-A: COMMISSIONER YING CHAO KUO/ARTS COMMISSION:
Councilmember Genser moved to accept the memorandum from staff
regarding Commissioner Ying Chao Kuo, member of the Arts
Commission, and authorize the City Clerk to publish a Notice
of
Vacancy. Second by Mayor Abdo. The motion was unanimously
approved, Councilmembers Greenberg, Holbrook, and Rosenstein
absent.
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
24, 1994.
14-C: COMPLIANCE WITH COASTAL COMMISSION PERMIT/ARIZONA AND
4TH STREET: 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 24, 1994
14-D: ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: The
request of Councilmember Genser to discuss consideration of a
Closed Session to conduct the annual public employee
performance evaluations for the City Manager, City Attorney
and
City Clerk was continued to the meeting of May 24, 1994.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns.
9-C: CLOSED SESSION: At 12:22 A.M., Council adjourned to
Closed Session for the purpose of discussing the following:
1. Motamedi/Hashemi v. City of Santa Monica, Case No. SC
022690, consolidated with SC 023258;
2. Siwik v. City of Santa Monica, Case No. SC 104239;
3. Gutman v. City of Santa Monica, Case No. CV 92-0860-
RMT (Tx);
4. Pollack v. City of Santa Monica, Case No. BS 020578;
5. Two cases of anticipated litigation;
6. Public employee evaluations of the City Manager, City
Attorney, and City Clerk.
At 12:44 A.M., Council reconvened with all members present
except Councilmembers Greenberg, Holbrook, and Rosenstein.
Councilmember Olsen moved to approve the award of $30,000 in
the case of Gutman v. City of Santa Monica. Second by Mayor
Pro Tempore V zquez. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
Councilmember Genser moved to approve the award of $19,500 in
the case of Siwik v. City of Santa Monica. Second by
Councilmember Olsen. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
Councilmember Olsen moved to approve the award of $21,744.35
in
the combined cases of Motamedi/Hashemi v. City of Santa
Monica.
Second by Councilmember Genser. The motion was approved by
the
following vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
ADJOURNMENT: At 12:46 A.M., the meeting was adjourned.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor