CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 26, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:47 P.M. on Tuesday, July 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
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/11TH ANNUAL NATIONAL NIGHT OUT: Mayor Abdo
presented a proclamation declaring August 2, 1994, as the "11th
Annual National Night Out," 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 items on the Consent Calendar.
Councilmember Holbrook moved to approve the Consent Calendar,
with the exception of Item No. 6-C, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Councilmember Greenberg. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, and Mayor Abdo
6-A: EARTHQUAKE RECOVERY ACT: Ordinance No. 1755(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE EARTHQUAKE RECOVERY ACT CONCERNING
ELLIS ACT WITHDRAWN PROPERTIES AND THE REOCCUPANCY RIGHTS OF
DISPLACED TENANTS," was adopted.
Staff Report
6-B: PROHIBITION OF BICYCLES, ROLLER SKATES, SKATEBOARDS AND
SIMILAR DEVICES WITH WHEELS/PUBLIC SAFETY: Ordinance No.
1756(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 3.12.540, 3.12.590, 3.12.600 AND 3.12.610 TO PROHIBIT
THE USE OF BICYCLES IN PUBLIC PARKING STRUCTURES; TO PERMIT THE
USE OF BICYCLES ON SIDEWALKS AND ROLLER SKATES BY PUBLIC SAFETY
PERSONNEL; TO AUTHORIZE THE CITY COUNCIL TO ADOPT, BY
RESOLUTION, REGULATIONS PROHIBITING OR LIMITING THE USE OF
ROLLER SKATES, SKATEBOARDS AND SIMILAR DEVICES WITH WHEELS IN
PUBLIC RIGHTS-OF-WAY, OR SECTIONS THEREOF, AND OTHER PUBLIC
AREAS, OR SECTIONS THEREOF, WHERE NECESSARY FOR PUBLIC SAFETY;
AND TO AUTHORIZE THE CITY COUNCIL TO ADOPT, BY RESOLUTION,
REGULATIONS PROHIBITING OR LIMITING THE USE OF BICYCLES, ROLLER
SKATES, SKATEBOARDS AND SIMILAR DEVICES WITH WHEELS IN PUBLIC
PARKS, OR SECTIONS THEREOF, AND OTHER CULTURAL OR RECREATIONAL
FACILITIES, OR SECTIONS THEREOF, WHERE NECESSARY FOR PUBLIC
SAFETY," was adopted.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8783A(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: FINAL SUBDIVISION MAP/TRACT NO. 51329/TPC-226/843 21ST
STREET: Resolution No. 8802(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51329 AT 843
21ST STREET," was adopted thereby approving a 6-unit tenant-
participating conversion project at 843 21st Street.
Staff Report
6-F: FINAL SUBDIVISION MAP/TRACT NO. 51698/TPC-299/1119
LINCOLN BOULEVARD: Resolution No. 8785(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
51698 AT 1119 LINCOLN BOULEVARD," was adopted thereby approving
a 10-unit tenant-participating conversion project at 1119
Lincoln Boulevard.
Staff Report
6-G: FINAL SUBDIVISION MAP/TRACT NO. 51732/TPC-304/1530 18TH
STREET: Resolution No. 8786(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51732 AT 1530
18TH STREET," was adopted thereby approving a 6-unit tenant-
participating conversion project at 1530 18th Street.
Staff Report
6-H: FINAL SUBDIVISION MAP/TRACT NO. 51781/TPC-306/917 2ND
STREET: Resolution No. 8787(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51781 AT 917
SECOND STREET," was adopted thereby approving a 14-unit tenant-
participating conversion project at 917 2nd Street.
Staff Report
6-I: PARADE/FESTIVAL OF THE CHARIOTS: Resolution No.
8788(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON
AUGUST 7, 1994 ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE
ROUTE," was adopted.
Staff Report
6-J: ST. JOHN'S HOSPITAL BOUNCING BACK PARADE: Resolution No.
8789(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON
SEPTEMBER 24, 1994 ON A ROUTE OTHER THAN THE OFFICIAL CITY
PARADE ROUTE," was adopted.
Staff Report
6-K: THREE-YEAR PROPOSITION C LOCAL RETURN ALLOCATION PLAN:
Resolution No. 8790(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO SUBMIT TO THE METROPOLITAN TRANSPORTATION AUTHORITY
(MTA) THE 3-YEAR ALLOCATION PLAN FOR PROPOSITION C LOCAL RETURN
PROGRAM FUNDS," was adopted.
Staff Report
6-L: PURCHASE OF PATROL VEHICLES: A report regarding the
emergency purchase of 20 patrol vehicles in the amount of
$16,111.93 per vehicle for the Police Department and one
vehicle in the amount of $16,111.93 for the Fire Department was
received and filed.
Staff Report
6-M: AMENDMENTS TO GUIDELINES/PICO NEIGHBORHOOD HOUSING TRUST
FUND/CITYWIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM/
CITYWIDE HOUSING TRUST FUND/HOME INVESTMENT PARTNERSHIP
PROGRAM: The amendments to the guidelines of the Pico
Neighborhood Housing Trust Fund, the Citywide Housing
Acquisition and Rehabilitation, the Citywide Housing Trust Fund
and the HOME Investment Partnership Program to set the interest
rate of affordable housing projects was approved.
Staff Report
END OF CONSENT CALENDAR
6-C: REGULATION OF ANTENNAS: Council asked questions of
staff. Councilmember Genser moved to adopt the ordinance on
second reading and request staff to provide a report with
regard to television interference and investigate the issue of
utility antennas and requirements under federal law. Second by
Councilmember Greenberg. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, and Mayor Abdo
By virtue of the above action, Ordinance No. 1757 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLE IX, CHAPTER 9.04, SUBCHAPTER
9.04.10, PART 9.04.10.06 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE REGULATION OF NONPARABOLIC AND PARABOLIC
ANTENNAS," was adopted on second reading by title only, waiving
further reading thereof.
8-A: PROHIBITION OF SOLICITATION: Presented was an ordinance
for introduction and first reading adding Section 4.08.750 to
the Santa Monica Municipal Code prohibiting solicitation in
certain types of locations. Council asked questions of staff.
At 7:00 P.M., Mayor Abdo declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Crystal Cheryl Bell spoke in opposition to
the proposed ordinance. Member of the public Ron Cano spoke in
support of the proposed ordinance. Member of the public Ron
Taylor suggested that persons gathering signatures also be
included as solicitors. Council asked questions of staff.
Councilmember Greenberg moved to introduce the ordinance for
first reading with the following amendments: 1) adopt an
additional finding to the ordinance which reads: "WHEREAS,
solicitation of persons in vehicles on public streets or in
public parking structures poses safety hazards and impedes the
smooth flow of traffic;" and add language to Section
4.08.750(a) the fourth prohibited location to read: "(4) In
vehicles traveling on a public street, to the extent permitted
by state law;" and the fifth prohibited location to read: (5)
In a public parking structure." Second by Councilmember
Holbrook. Discussion was held. Councilmember Genser moved to
amend the motion to allow for an eighty (80) foot radius of an
automated teller machine. The motion was accepted as friendly.
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
8-B: DOGS IN PARKS: Presented was the staff report
recommending the continuation of the program allowing dogs in
City parks, modifying certain of its provisions and an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Sections 4.04.150, 4.04.160, 4.04.370 and
4.04.385 relating to fines for failure to comply with various
dog regulations. Council asked questions of staff. At 7:57
P.M., Mayor Abdo declared the public hearing open. Members of
the public Karen Brooks, Ron Rabansky, and Mark Spivak spoke in
support of dogs in the parks and made suggestions for
amendments to the proposed ordinance. Members of the public B.
E. Fenn and Barbara Smith spoke in opposition to off-leash dog
runs adjacent to residences. Members of the public David
Warfield, Robert Malkin, Howard Israel, Wendy Hewland, Ann
Brown, Ed Soloman, Lori Gilbertsen, Burt Alexander, Callie
Warfield, Dolores Tyneway, David Blacher, Sam Zivi, Cynthia
Cleese, Jacqueline Pepper, and Dontre Conerly spoke in support
of dogs in the parks. Members of the public Chris Cohoon,
Linda Wilson, Jim Kelley, Quinn Kelley, and James Smith spoke
in opposition to dogs in the parks. Member of the public Joy
Fullmer expressed her concerns.
Staff Report
At 8:45 P.M., Council adjourned for a short recess. Council
reconvened at 9:10 P.M. with all members present.
8-B: DOGS IN PARKS (RESUMED):
Staff Report
Members of the public Michael Dear, John Jericiau, Sean Butler,
Julie Boston, Tina McCoy, Kerri McCoy, Daniel Bernstein, Chris
Pelham, Jon Stevens, Kathy Weremick, Pauline Bohs, Peter
Miller, and Ken Ward spoke in support of dogs in the parks.
Members of the public Shell Abrahamson, Don Ferguson, and Lynda
Carpenter spoke in opposition to off-leash dog runs adjacent to
residences. Member of the public Meyer Shapiro spoke in
opposition to dogs in the park. Mayor Pro Tempore V zquez
moved to hear late speakers. Second by Councilmember Olsen.
The motion was unanimously approved. Members of the public
Susan Long and Ruth Stemock spoke in support of dogs in the
parks. Member of the public Doug Middleton spoke in opposition
to off-leash dog runs adjacent to residences. Mayor Abdo
closed the public hearing at 8:52 P.M. Discussion was held.
Councilmember Genser moved to effect the hours for dog use as
follows: 5:00 P.M. to 8:30 P.M., seven days per week; 7:30
A.M. to 10:00 A.M., Monday through Friday; 8:30 A.M. to 11:00
A.M., Saturday and Sunday. Second by Councilmember Olsen.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, and Mayor Abdo
Discussion was held. Mayor Abdo moved to agree with the staff
recommendation with regard to the fence in Joslyn Park, agree
with the staff suggestion that, if possible, the dog area in
Marine Park be moved, convey that Council strongly desires to
develop areas in other parts of the City for dog use, and staff
to report back. Second by Councilmember Olsen. Councilmember
Rosenstein moved to amend the motion to ask staff to work
closely with the Santa Monica Dog Owners Association to study
possible locations for additional dog parks. The motion was
accepted as friendly. Councilmember Olsen moved to amend the
motion to relocate signs to make them more visible and provide
adequate watering facilities for the dogs. The motion was
accepted as friendly. Councilmember Genser moved to amend the
motion to ask staff to work with dog advocates to draft "rules
of etiquette." The motion was accepted as friendly.
Discussion was held. Councilmember Genser moved to amend the
motion to stipulate that it is the goal to have personnel on-
site during peak hours. The motion was accepted as friendly.
Discussion was held. The motion was unanimously approved.
Councilmember Genser 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 4.04.150, 4.04.160, 4.04.370, AND 4.04.385, RELATING
TO FINES FOR FAILURE TO COMPLY WITH VARIOUS DOG REGULATIONS,"
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 V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, and Mayor Abdo
9-A: CONSTRUCTION OF NEW POLICE, FIRE AND EMERGENCY OPERATIONS
CENTER: Presented was information regarding placement of a
bond measure on the November 8, 1994 Ballot to fund the
construction of a new Police, Fire and Emergency Operations
Center and actions necessary to place such a measure on the
Ballot. Councilmember Holbrook moved to extend the meeting to
12:00 Midnight. Second by Councilmember Genser. The motion
was unanimously approved. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns.
Member of the public John Bodin spoke in opposition to the bond
measure and spoke in favor of satellite locations. Members of
the public Eric Parlee and Stephen Alpert spoke in support of
the proposal. Members of the public Eric Siss and John Jurenka
spoke in opposition to the bond measure. Member of the public
Art Casillas suggested that the facility be more centrally
located. Member of the public Sam Zivi spoke in support of the
proposed facility but suggested alternative financing. Member
of the public Dennis Zane spoke in support of construction of
the facility; however, suggested that the ballot measure be
included on the November 1996 Ballot. Member of the public
Mike Feinstein stated his preference that precinct substations
be studied rather than a centralized facility. Council asked
questions of staff. Discussion was held. Councilmember Genser
moved to adopt Resolution No. 8791(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE
ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN MUNICIPAL
IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF
GENERAL OBLIGATION BONDS;" and Resolution No. 8792(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DECLARING THE CITY'S INTENTION TO REIMBURSE
EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY
THE CITY AND APPROVING CERTAIN RELATED ACTIONS," reading by
title only and waiving further reading thereof. Second by
Councilmember Olsen. Discussion was held. Councilmember
Greenberg moved to amend the motion to change the maximum
principle amount from $33 million to $20 million. The motion
was not accepted as friendly; however, Councilmember Genser
agreed to amend the motion to direct staff to conduct a
financial analysis regarding reduction of principal amount by
one-third or $1 million per year. Discussion was held.
Councilmember Holbrook moved to extend the meeting to 12:30
A.M. Second by Mayor Pro Tempore V zquez. The motion was
unanimously approved. Discussion continued. The motion, as
amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
Staff Report
Councilmember Rosenstein was excused from the meeting at 12:05
A.M.
9-B: CLOSED SESSION: Held at end of meeting.
10-A: STREET LIGHTING: Presented was the public hearing for
the confirmation of assessment of costs for streetlight
installation and replacement on portions of 6th, 24th, and 30th
Streets, Arizona and California Avenues, Yale Street and San
Vicente Boulevard. Mayor Abdo declared the public hearing open
at 12:10 A.M. There being no one wishing to speak, Mayor Abdo
closed the public hearing. Councilmember Genser moved to adopt
Resolution No. 8815(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT
DIAGRAM AND CONFIRMING ASSESSMENT COSTS FOR STREETLIGHTING ON
VARIOUS CITY STREETS ALL WITHIN THE CITY OF SANTA MONICA,"
reading by title only and waiving further reading thereof.
Second by Councilmember Holbrook. The motion was approved by
the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, and Mayor Abdo
Councilmember Greenberg was excused from the meeting at 12:10
A.M.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual
appointments of members to Boards and Commissions and
unscheduled appointments to the Social Services Commission,
Commission on Older Americans, the Santa Monica Convention &
Visitors Bureau and the Pier Restoration Corporation were
continued to the meeting of August 2, 1994.
14-B: AMENDMENT REGARDING FIREARM LICENSES: Councilmember
Olsen presented his request to direct staff to amend Ordinance
No. 1735(CCS) regarding firearm licenses to grandparent
existing firearm dealers that are in non-residential zones and
analyze appropriate conditions of the ordinance which should
apply to existing businesses. Member of the public Bruce
Jochim spoke in support of Councilmember Olsen's proposal.
Councilmember Olsen moved to direct staff to amend Ordinance
No. 1735(CCS), which would grandparent existing firearm dealers
that are in non-residential zones and analyze and return with
recommendations about portions of the Conditional Use Permit
process and the guidelines and some timeline that business
owners who qualify can still comply with the ordinance. Second
by Mayor Abdo. Discussion was held. The motion failed by the
following vote:
Council vote: Affirmative: Councilmembers Olsen, Holbrook
Negative: Councilmember Genser
Abstain: Councilmember V zquez, Mayor Abdo
Absent: Councilmembers Rosenstein, Greenberg
Councilmember Olsen moved to carry this item over to the
following week. Second by Councilmember Holbrook. The motion
was unanimously approved, Councilmembers Rosenstein and
Greenberg absent.
14-C: CLARIFICATION REGARDING POSSIBLE MODIFICATION OF PARK
OPERATING HOURS: Councilmember Genser presented his request to
clarify Council direction to City staff regarding possible
modification of park operating hours. In order to clarify
Council direction, Councilmember Genser moved to direct staff
to prepare an ordinance effecting the possible recommendation
for the appropriate ordinance to effect the modification of
park operating hours, at which time the appropriate hours will
be inserted. Second by Mayor Abdo. The motion was unanimously
approved, Councilmembers Rosenstein and Greenberg absent.
14-D: STAFF UPDATE AND ACTION PLAN/PEDESTRIAN SAFETY/TRAFFIC
CALMING/MONTANA AVENUE: The request of Councilmember Olsen to
discuss staff update and action plan regarding pedestrian
safety and traffic calming on Montana Avenue was continued to
the meeting of August 2, 1994.
15: PUBLIC INPUT: Member of the public Chuck Allord discussed
problems with Century Cable.
9-B: CLOSED SESSION: At 12:25 A.M., Council adjourned to
Closed Session for the purpose of discussing the cases of
Pollock and Williams v. Genser, et al., LASC # BS 020578; and
Bean and Waco v. City of Santa Monica, USDC # CV 930447.
At 12:45 A.M., the City Attorney announced that no action was
taken during Closed Session.
ADJOURNMENT: At 12:45 A.M., the meeting was adjourned to
August 2, 1994, at 6:00 P.M., in memory of Arnold Desser and
Walter Jones Polk, Jr.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor