CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 24, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:42 P.M. on Tuesday, May 24, 1994,
in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
(arrived at 6:44 P.M.)
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
(arrived at 7:22 P.M.)
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
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
Allegiance to the Flag of the United States of America.
4-A: PROCLAMATION/50TH ANNIVERSARY OF D-DAY: Mayor Abdo
presented a proclamation commemorating the 50th anniversary of
D-Day.
Councilmember Genser reported present at 6:44 P.M.
At 6:45 P.M., a Special City Council/Redevelopment Agency
Special Joint Meeting was convened.
Redevelopment Agency
Roll Call: Present: Chair Judy Abdo
Chair Pro Tempore Antonio V zquez
Agency Member Ken Genser
Agency Member Asha Greenberg
Agency Member Kelly Olsen
Agency Member Paul Rosenstein
Absent: Agency Member Robert T. Holbrook
Also Present: Executive Director John Jalili
Agency Attorney Marsha Moutrie
Agency Secretary Clarice E. Dykhouse
RA-1: MINUTES APPROVAL: Agency Member V zquez moved to
approve Redevelopment Agency minutes of March 8 and 29, 1994.
Second by Agency Member Olsen. The motion was unanimously
approved, with Agency Member Holbrook absent.
CC/RA-2: EARTHQUAKE RECOVERY REDEVELOPMENT PLAN:
Council/Agency asked questions of staff. Presented was the
staff report recommending adoption of resolutions consenting to
a joint hearing on the proposed Santa Monica Earthquake
Recovery Redevelopment Plan and a resolution of the
Redevelopment Agency adopting rules governing participation and
preferences by property owners, tenants and business occupants.
Member of the public Joy Fullmer expressed her concerns. Chair
Pro Tempore V zquez moved, on behalf of the Redevelopment
Agency, to adopt Resolution No. 441(RAS) entitled: "A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED
SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PLAN AND
AUTHORIZING PUBLICATION OF NOTICE OF JOINT PUBLIC HEARING;" and
Resolution No. 442(RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA ADOPTING RULES
GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS,
TENANTS AND BUSINESS OCCUPANTS IN THE SANTA MONICA EARTHQUAKE
RECOVERY REDEVELOPMENT PROJECT," reading by title only and
waiving further reading thereof. Second by Agency Member
Rosenstein. The motion was approved by the following vote:
Redevelopment Agency vote:
Affirmative: Agency Members Genser, Greenberg,
Olsen, Rosenstein, V zquez, Chair
Abdo
Absent: Agency Member Holbrook
Mayor Pro Tempore V zquez moved, on behalf of the City Council,
to adopt Resolution No. 8751(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONSENTING TO A
JOINT PUBLIC HEARING ON THE PROPOSED SANTA MONICA EARTHQUAKE
RECOVERY REDEVELOPMENT PLAN AND AUTHORIZING PUBLICATION OF
NOTICE OF JOINT PUBLIC HEARING," reading by title only and
waiving further reading thereof. Second by Councilmember
Greenberg. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Olsen, Rosenstein, V zquez, Mayor
Abdo
Absent: Councilmember Holbrook
At 6:55 P.M., the Special City Council/Redevelopment Agency
Special Joint Meeting was adjourned and the City Council
Meeting was reconvened.
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 and Crystal Bell addressed items on the
Consent Calendar. Councilmember Greenberg moved to approve the
Consent Calendar, with the exception of Item No. 6-G, which was
trailed to be heard after Item No. 8-C, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Councilmember Rosenstein. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The minutes of City Council meeting of
May 10, 1994, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8752(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: ADOPTION OF SALARY RATES/NEW CLASSIFICATIONS: Resolution
No. 8753(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE NEW
CLASSIFICATIONS OF AIRPORT NOISE/OPERATIONS COORDINATOR AND
EVENT COORDINATOR," was adopted.
Staff Report
6-D: CONFIRMATION OF ASSESSMENT OF COSTS/STREETLIGHT
INSTALLATION: Resolution No. 8754(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING A PUBLIC HEARING ON JULY 26, 1994, FOR ANY PROTESTS OR
OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT OF COSTS FOR
STREETLIGHT INSTALLATION AND REPLACEMENT OF DETERIORATED
STREETLIGHTS ON VARIOUS CITY STREETS," was adopted thereby
setting a public hearing date of July 26, 1994.
Staff Report
6-E: AWARD OF CONTRACT/CERAMIC TILE FLOORING/SANTA MONICA
CIVIC AUDITORIUM: Contract No. 7016(CCS) was awarded to
Premier Tile & Marble Company in the amount of $46,243 to
install ceramic tile flooring for the Santa Monica Civic
Auditorium, Community and Cultural Services Department.
Staff Report
6-F: AGREEMENT/SANTA MONICA BAY RESTORATION FOUNDATION/
EPIDEMIOLOGICAL STUDY: Contract No. 7017(CCS) was approved
with the Santa Monica Bay Restoration Foundation to contribute
$50,000 toward an epidemiological study assessing the health
effects associated with swimming in Santa Monica Bay.
Staff Report
END OF CONSENT CALENDAR
8-A: LABELING OF SHELVES/TOXIC AND HAZARDOUS HOUSEHOLD
PRODUCTS: Presented was an ordinance for second reading and
adoption 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.
Councilmember Genser moved to adopt Ordinance No. 1744(CCS)
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 Councilmember Rosenstein. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Holbrook
8-B: PROHIBITION OF HOME OCCUPATION PERMITS/FIREARMS OR
MUNITIONS: Presented was an emergency ordinance for
introduction and adoption prohibiting home occupation permits
and business licenses for the sale, transfer, or lease of
firearms or munitions in any residential district, providing
for the revocation of existing permits, and establishing a
Conditional Use and police permit system for a period of 18
months. At 7:00 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 7:05 P.M.
Councilmember Olsen moved to adopt Ordinance No. 1745(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA PROHIBITING HOME OCCUPATION PERMITS AND BUSINESS
LICENSES FOR THE SALE, TRANSFER, OR LEASE OF FIREARMS OR
MUNITIONS IN ANY RESIDENTIAL DISTRICT, PROVIDING FOR THE
REVOCATION OF EXISTING PERMITS, ESTABLISHING A CONDITIONAL USE
AND POLICE PERMIT SYSTEM AND DECLARING THE EXISTENCE 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 V zquez,
Rosenstein, Olsen, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Holbrook
9-C: CLOSED SESSION: At 7:07 P.M., Council adjourned to
Closed Session for the purpose of discussing threatened
litigation.
Councilmember Holbrook reported present at 7:22 P.M., during
Closed Session.
At 7:35 P.M., Council reconvened with all members present.
In order to comply with present Brown Act requirements, City
Attorney Moutrie reported that during Closed Session one piece
of threatened litigation was discussed and Council took no
action as to that litigation.
8-C: PROHIBITION OF GAME ARCADES/ESTABLISHMENT OF LIMITATIONS/
ALCOHOL AND FOOD SERVING ESTABLISHMENTS/C3 AND C3C DISTRICTS:
Presented was an ordinance for introduction and first reading
prohibiting game arcades and establishing limitations on the
number of alcohol and food serving establishments in specified
portions of the C3 and C3C districts on an interim basis.
Council asked questions of staff. At 7:40 P.M., Mayor Abdo
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Member of the public Arthur
Mortell spoke in support of the proposed ordinance. Member of
the public Tony Palermo spoke in support of the ordinance and
made suggestions. Mayor Abdo closed the public hearing at 7:45
P.M. Council asked questions of staff. Councilmember Genser
moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
PROHIBITING GAME ARCADES AND ESTABLISHING LIMITATIONS ON THE
NUMBER OF ALCOHOL AND FOOD SERVING ESTABLISHMENTS IN SPECIFIED
PORTIONS OF THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS,"
striking SECTION 3(c) and restoring the language which was
previously stricken in SECTION 4, reading by title only and
waiving further reading thereof. Second by Councilmember
Olsen. Discussion was held. Councilmember Genser moved to
amend his motion to notify, to the best of staff's ability,
affected owners and tenants of the proposed action to be taken.
The motion was accepted as friendly. The motion was approved
by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
6-G: CONTRACT AMENDMENT/CONVENTION AND VISITORS BUREAU:
Presented was the staff report recommending authorization for
the City Manager to negotiate and execute an amendment to
Contract No. 4581(CCS) with the Santa Monica Convention and
Visitors Bureau, Inc. Council asked questions of staff.
Discussion was held. Council asked questions of Bob Gabriel,
representing the Santa Monica Convention & Visitors Bureau.
Councilmember Genser moved to adopt the Second Amendment to
Agreement No. 4581(CCS) with a correction on page 2 regarding
contract termination of one year. Second by Councilmember
Olsen. Questions of Mr. Gabriel continued. Council asked
questions of staff. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Negative: Councilmembers Rosenstein, Holbrook,
Greenberg
Councilmember Rosenstein requested that the record reflect that
he voted "no" on this motion because he feels that a contract
similar to the one that is currently in effect and which will
be expiring soon is more appropriate and he does not feel that
it is accurate to say that in difficult times the police and
fire will pay for the Convention & Visitors Bureau.
At 9:48 P.M., Council adjourned for a short recess. Council
reconvened at 9:55 P.M. with all members present except Mayor
Pro Tempore V zquez, who reported present at 10:00 P.M.
9-A: PUBLIC SAFETY PILOT PROGRAM/PALISADES PARK/DOWNTOWN:
Presented was discussion regarding a public safety pilot
program for Palisades Park and the downtown commercial area
including Ocean Avenue. Members of the public Ron Taylor, Len
Doucette, and Bryan Ruall spoke in opposition to the staff
recommendation. Member of the public Richard Sclar made
alternative suggestions. Member of the public Joy Fullmer
expressed her concerns. Members of the public Joe Pipersky,
Brandon MacNeal, and Diane Ullman spoke in opposition to the
staff proposal and discussed the needs of Main Street. Member
of the public Lisa D'Aristide spoke in opposition to the
proposal and discussed the needs of the Third Street Promenade.
Member of the public Crystal Bell urged Council to institute a
program of education of the public with regard to homeless
individuals and panhandlers. Members of the public Steve
Brackett, Mudra, Gene Rotondo, Gustaf Soderbergh, and Muriel
Pellicciaro spoke in support of the staff recommendation.
Members of the public Ron Cano, Robert Resnick, Cesar Scalari,
Laurie Romano, Tony Palermo, Jeff Gregg, Barry Brann, Karen
Diehl, and Richard Grossi spoke in support of the staff
recommendation in combination with the proposed HOST program.
Member of the public Adamm Gritlefeld spoke in support of the
HOST program. Member of the public David Godshaw spoke in
support of the staff recommendation and the HOST program and
discussed problems on Second Street. Member of the public Art
Casillas discussed problems in Pico Neighborhood and made
suggestions. Member of the public Elaine Espeleta discussed
the needs of Main Street. Members of the public Susan
Lieberman and Mark Dagul discussed the needs of Main Street and
urged that if the pilot program is successful that it be funded
for the Main Street area next year. Member of the public Alan
Smith urged more police presence on Main Street and expressed
the fear that if there is more police in one area that it will
merely direct crime into another area. Member of the public
Patricia Ruall requested more police presence in both the
Bayside District and on the Promenade. Member of the public
Claudio Bonotto discussed problems on the Promenade. Member of
the public John Combs urged the separation of homelessness and
criminality and urged intensive enforcement in all areas of the
City. Member of the public Sara Faulds urged equal treatment
of all areas of the City. Member of the public Neil Israel
discussed problems with drug dealers and drug users near his
neighborhood. Member of the public Jim Crowell expressed the
fear that if there is more police in one area that it will
merely direct crime into another area.
Staff Report
Council asked questions of staff.
Councilmember Greenberg moved to extend the meeting to 11:30
P.M., continue the remainder of Item No. 9-A at this point and
move onto other items. Second by Councilmember Rosenstein.
Discussion was held. The motion was approved, Councilmembers
Genser and Olsen opposed.
By virtue of the above action, the remainder of Item No. 9-A
was continued to the meeting of May 31, 1994.
9-B: SET PUBLIC MEETING/POLICING PRIORITIES: Presented was
the recommendation to discuss holding a public meeting on May
31, 1994, regarding policing priorities. Councilmember
Holbrook moved not to hold this session. Second by
Councilmember Greenberg. Discussion was held. Councilmember
Genser moved a substitute motion to conduct a meeting regarding
policing priorities on May 31, 1994. Second by Councilmember
Olsen. Discussion was held. Mayor Pro Tempore V zquez moved
to amend the motion to ask the Chief of Police to provide
deployment information. The motion was accepted as friendly.
Discussion was held. Mayor Pro Tempore V zquez moved to amend
the motion that information with regard to overtime be
included. The motion was accepted as friendly. Discussion was
held. Councilmember Genser moved to amend his motion that the
meeting be held as a Study Session. The motion was accepted as
friendly. Discussion was held. The substitute motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Olsen,
V zquez, Mayor Abdo
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein
9-C: CLOSED SESSION: Held at end of meeting.
10-A: PUBLIC HEARING/ESTABLISHMENT OF ASSESSMENT
DISTRICT/ANNUAL STREET RESURFACING PROGRAM: Presented was the
public hearing to establish an assessment district for the
annual street resurfacing program and appurtenant work and a
resolution ordering the construction of concrete gutters,
street resurfacing, sidewalk, driveway and curb repairs and the
removal of damaged parkway pavement and appurtenant work on
various city streets, in conjunction with the FY 1993-94 street
resurfacing program. At 11:15 P.M., Mayor Abdo declared the
public hearing open. Member of the public Madelynn Kopple
protested her assessment. Mayor Abdo closed the public hearing
at 11:17 P.M. Council asked questions of staff. Councilmember
Genser moved to continue the remainder of this item to the
meeting of May 31, 1994, and ask staff to return with a report.
Second by Councilmember Greenberg. Council asked questions of
staff. The motion was unanimously approved.
Staff Report
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 31, 1994.
Staff Report
11-B: MEMORIALS AND TRIBUTES: The recommendation from the
Recreation and Parks Commission to approve a resolution
governing the placement of memorials and tributes in City parks
was continued to the meeting of May 31, 1994.
Staff Report
14-A: ANNUAL APPOINTMENTS/BOARD AND COMMISSIONS: The annual
appointments of members to Boards and Commissions and the
appointment of a member to the Arts and Social Services
Commissions was continued to the meeting of May 31, 1994.
14-B: LETTERS OF RESIGNATION/BETH LEDER-PACK/ALEXANDER KOLKER:
Councilmember Rosenstein moved to accept with great regrets the
letters of resignation from Beth Leder-Pack of the Housing
Commission and from Alexander Kolker of the Commission on Older
Americans and authorize the City Clerk to publish a Notice of
Vacancies. Second by Mayor Pro Tempore V zquez. The motion
was unanimously approved.
14-C: 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
31, 1994.
14-D: COMPLIANCE/COASTAL COMMISSION PERMIT/SECURITY BANK
BUILDING: The request of Councilmember Holbrook to discuss
directing 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 31, 1994.
14-E: CONSIDERATION OF CLOSED SESSION/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 31, 1994.
14-F: GENERAL RELIEF GRANTS: Presented was the request of
Mayor Abdo to discuss and adopt a resolution encouraging the
Board of Supervisors to increase the amount of general relief
grants. Mayor Abdo moved to adopt Resolution No. 8755(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO UTILIZE SURPLUSES IN THE GENERAL RELIEF BUDGET
TO RESTORE PREVIOUS CUTS TO GENERAL RELIEF BENEFITS," reading
by title only and waiving further reading thereof. Second by
Councilmember Genser. The motion was unanimously approved.
14-G: FACILITATION OF ELECTRIC CAR BATTERY RECHARGING: The
request of Councilmember Rosenstein to discuss directing staff
to facilitate electric car battery recharging in City parking
structures was continued to the meeting of May 31, 1994.
14-H: DISPLACED TENANTS AS A RESULT OF EARTHQUAKE: Presented
was the request of Councilmember Genser to direct staff to
prepare an ordinance amending Section 13 of Ordinance 1736(CCS)
relating to displaced tenants as a result of the January 17th
earthquake. Councilmember Genser moved to ask staff to study
the matter of tenants who have been displaced as a result of
the January 17th earthquake and prepare an ordinance which
would provide a later date for tenants to give notice that they
intend to re-occupy a reconstructed unit. Second by Mayor Pro
Tempore V zquez. Council asked questions of staff. Discussion
was held. The motion was unanimously approved.
14-I: CLEARING OF STREETS AND THOROUGHFARES: The request of
Councilmember Rosenstein to discuss directing staff to prepare
an emergency ordinance to require property owners to move
forward with measures leading to the clearing of public streets
and thoroughfares of barriers, scaffolds, and other
construction-related items was continued to the meeting of May
31, 1994.
15: PUBLIC INPUT: Members of the public Paul Hicks and Paul
Weisenfeld discussed problems with the construction of a sound
wall on the south side of the Santa Monica Freeway between
Cloverfield and Stewart and urged Council to approve the
expenditure of $300,000 for construction of the wall.
9-C: CLOSED SESSION: At 11:35 P.M., Council adjourned to
Closed Session for the purpose of discussing the following:
1. Santa Monica Housing Council, et al. v. City of
Santa Monica, Case No. SC 016 169;
2. Two cases of anticipated litigation.
No action taken.
Council reconvened at 12:02 A.M., with all members present.
ADJOURNMENT: At 12:02 A.M., the meeting was adjourned to May
31, 1994, at 6:30 P.M., in memory of Helen Nebel and Jacqueline
Kennedy Onassis.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor