CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 2, 1994
The Closed Session scheduled for 6:00 P.M. was not held due to
lack of a quorum.
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 7:17 P.M. on Tuesday, August 2, 1994,
in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Absent: Councilmember Asha Greenberg
Also Present: City Manager John Jalili
Deputy City Attorney Marty Tachiki
City Clerk Clarice E. Dykhouse
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
Mayor Abdo announced that Daniel Jacobo was selected as the
winner of the 1994 Hometown Video Award and City TV was given
an award for Best All-Around Programming for a City Less Than
100,000.
Mayor Abdo also announced that she had a conference call with
President Clinton, Los Angeles Mayor Riordan, Senator
Feinstein, and Henry Cisneros from HUD. The purpose of the
call was to let the Mayor know that they are recommending a new
allocation of $25 million from surplus earthquake funds that
were not used. These funds are to be used for multi-family
building and other residential buildings that are having
trouble getting money to repair the buildings. Mayor Abdo
advised that staff will be returning with a program in
September. This, combined with amounts received since January
17th, equal approximately $40 million.
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-D, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Mayor Pro Tempore V zquez. The motion was approved
by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, and Mayor Abdo
Absent: Councilmember Greenberg
6-A: MINUTES APPROVAL: The City Council minutes of July 12
and 19, 1994, were approved as presented.
6-B: PROHIBITION OF SOLICITATION: Ordinance No. 1758(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 4.08.750 TO THE MUNICIPAL CODE
PROHIBITING SOLICITATION IN CERTAIN TYPES OF LOCATIONS," was
adopted.
Staff Report
6-C: DOGS IN PARKS: Ordinance No. 1759(CCS) 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," was adopted.
Staff Report
END OF CONSENT CALENDAR
6-D: UNITED STATES CONSTITUTION DAY PARADE: Council asked
questions of staff. Councilmember Olsen moved to adopt
Resolution No. 8799(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF
A PARADE ON SEPTEMBER 17, 1994 ON A ROUTE OTHER THAN THE
OFFICIAL CITY PARADE ROUTE," reading by title only and waiving
further reading thereof, requesting parade organizers to limit
its duration to two hours, including frequent traffic breaks
for bus crossing, and grant the request of the event
organizers, appropriating up to $6,200 to cover all City costs
for the event, but encouraging the organizers to select a route
that will not adversely affect transit riders if the event is
repeated in future years. Second by Councilmember Holbrook.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, and Mayor Abdo
Absent: Councilmember Greenberg
8-A: ORDINANCE ORDERING THE SUBMISSION OF A PROPOSITION OF
INCURRING BONDED DEBT/POLICE, FIRE AND EMERGENCY OPERATIONS
CENTER: Presented was an ordinance for introduction and first
reading ordering the submission of a proposition of incurring
bonded debt for the purpose of the acquisition, construction
and completion of a new Police, Fire and Emergency Operations
Center to the qualified voters of the City of Santa Monica at
an election to be held for that purpose. Council asked
questions of staff. At 7:47 P.M., Mayor Abdo declared the
public hearing open. Member of the public Ron Taylor spoke in
support of the construction of a new communications center.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Steven Brackett spoke in support of the
proposal; however, stated his belief that the ballot measure
should be on the November 1996 ballot. Member of the public
Stephen Alpert spoke in support of the proposal; however, urged
Council to place this measure on a ballot during a regular
election. Member of the public Sam Zivi spoke in support of
the proposal and stated his belief that the measure should be
on the November 1994 ballot. Members of the public Ralph
Mechur, Dennis Zane, Chris Reed, and Chris Harding stated their
support of the facility; however, encouraged Council to delay
the bond measure. Member of the public Patricia Hoffman
conveyed reassurances from the Santa Monica-Malibu School
District that the school community sees itself as partners with
the City and is highly appreciative of the City and all that it
has done for the school district. Member of the public Art
Casillas urged Council to construct the police facility at the
corner of 14th and Olympic. Member of the public John Jurenka
spoke in opposition to the proposal. Mayor Abdo closed the
public hearing at 8:45 P.M. Councilmember Holbrook moved to
place the bond measure on the municipal election not later than
1996 to provide funding for a new police safety building for
the City of Santa Monica, that the City Manager appoint a task
force of interested citizens to advise the City Council and to
assist the City in developing the new public safety facility,
and the City Council will move the development of this facility
with all due haste and budget all related costs from within the
City's budget. Second by Councilmember Rosenstein. Discussion
was held. Councilmember Genser moved to amend the motion to
use the words from the staff report with regard to the
supplemental appropriation of $740,000 in 1994-95 rather than
saying "all costs." The motion was accepted as friendly.
Discussion was held. Councilmember Genser moved to amend the
motion to separate the two sections of the motion. The motion
was accepted as friendly. Discussion was held. Councilmember
Holbrook moved to amend the motion to incorporate into the
motion the actual staff report words that Council desires to
move forward as outlined in the staff report and if there is to
be a bond issue it will be placed on the ballot not later than
November 1996. The motion was accepted as friendly.
Discussion was held. With regard to the portion of the motion
dealing with placing the issue on the ballot not later than
November 1996, the motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Holbrook, Olsen,
Rosenstein, V zquez, Mayor Abdo
Negative: Councilmember Genser
Absent: Councilmember Greenberg
Councilmember Genser requested that the record reflect that he
voted "no" on this item but he in no way opposes the police
facility, it is simply his desire to have the issue on the
ballot in November 1994.
Councilmember Genser moved to appropriate $740,000 to move
forward with funding for the police facility. Second by
Councilmember Olsen. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein, V zquez, Mayor
Abdo
Absent: Councilmember Greenberg
At 9:15 P.M., Council adjourned for a short recess. Council
reconvened at 9:40 P.M. with all members present.
8-B: PROHIBITION OF DISCRIMINATORY PRICING: Presented was an
ordinance for introduction and first reading prohibiting
discriminatory pricing of goods and services based upon a
consumer's gender. Council asked questions of staff. At 9:44
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 9:45 P.M. Councilmember Olsen
moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
PROHIBITING DISCRIMINATORY PRICING OF GOODS AND SERVICES BASED
UPON A CONSUMER'S GENDER," reading by title only and waiving
further reading thereof. Second by Councilmember Genser.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, and Mayor Abdo
Absent: Councilmember Greenberg
8-C: PARK CLOSURE HOURS: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Section 4.08.091 relating to park closure hours. Council
asked questions of staff. At 9:50 P.M., Mayor Abdo declared
the public hearing open. Members of the public Ron Taylor and
Beloved Quail spoke in opposition to the proposal. Member of
the public Joy Fullmer expressed her concerns. Mayor Abdo
closed the public hearing at 9:58 P.M. Councilmember Genser
moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.08.091 OF THE MUNICIPAL CODE RELATING TO
PARK CLOSURE HOURS," as amended by the City Attorney reading by
title only and waiving further reading thereof, with the
amendment that morning open hours be 6:00 A.M. rather than 5:00
A.M., and SECTION 1(c) be corrected to reference Sections
4.08.091 and 4.08.093. Second by Councilmember Olsen. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein
Negative: Councilmember V zquez, Mayor Abdo
Absent: Councilmember Greenberg
8-D: BIDDING PREFERENCE: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Sections 2.24.090(2) and 2.24.100 to provide a 1% bidding
preference for Santa Monica businesses. Council asked
questions of staff. At 10:02 P.M., Mayor Abdo declared the
public hearing open. There being no one wishing to speak,
Mayor Abdo closed the public hearing. Councilmember Olsen
moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 2.24.090(2) AND 2.24.100 OF THE SANTA MONICA
MUNICIPAL CODE TO PROVIDE A 1% BIDDING PREFERENCE FOR SANTA
MONICA BUSINESSES," reading by title only and waiving further
reading thereof. Second by Councilmember Holbrook. Discussion
was held. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Holbrook, Genser, and Mayor Abdo
Negative: Councilmember Rosenstein
Absent: Councilmember Greenberg
9-A: RESTRIPE OCEAN PARK BOULEVARD AND MONTANA AVENUE:
Presented was the staff report recommending approval of a pilot
program to restripe Ocean Park Boulevard and Montana Avenue;
appropriation of funds for the restriping; and approval of the
selection of an urban design consultant for Montana Avenue.
Council asked questions of staff. Member of the public Joy
Fullmer expressed her concerns. Member of the public Bill
Saraf spoke in opposition to the proposal. Members of the
public Lou Moench, Susan Papadakis, Ray Montalvo, Terri Walsh,
Sara Faulds, and Jane Sfiler spoke in support of the proposal.
Councilmember Olsen moved to hear a late speaker. Second by
Mayor Abdo. The motion was unanimously approved, Councilmember
Greenberg absent. Member of the public Bob Taylor spoke in
support of the proposal. Council asked questions of staff.
Discussion was held. Councilmember Genser moved to approve a
pilot program for the restriping of Ocean Park Boulevard
between Barnard Way and Lincoln Boulevard; approve a pilot
program for the restriping of Montana Avenue between 7th and
10th Streets; appropriate $110,000 from General Fund reserves
to CIP account #01-770-415-20095-8905-99342 (Ocean Park and
Montana Restriping); and approve the selection of Jeff
Orbordorfer and Associates to develop an urban design master
plan for Montana Avenue. Second by Councilmember Olsen.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein, V zquez, Mayor
Abdo
Absent: Councilmember Greenberg
9-B: SURCHARGE FEE/PRIVATE REFUSE HAULERS: Presented was the
staff report recommending adoption of a resolution establishing
a surcharge fee on private refuse haulers servicing the
commercial and industrial sectors within the City. Council
asked questions of staff. Members of the public Alex Dmitrieu,
Dan Agajanian, and Dan VanDorpe spoke in opposition to the
proposal. Mayor Pro Tempore V zquez moved to extend the
meeting to 12:00 Midnight. Second by Councilmember Genser.
The motion was unanimously approved, Councilmember Greenberg
absent. Members of the public John Anderson and Sam Kardashian
spoke in opposition to the proposal. Council asked questions
of staff. Councilmember Genser moved to adopt Resolution No.
8800(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A SURCHARGE FEE ON PRIVATE
REFUSE HAULERS SERVICING THE COMMERCIAL AND INDUSTRIAL
SECTORS," amended to include a monthly refuse surcharge of
$9.85 rather than the originally-proposed $13.35 per ton
figure, reading by title only and waiving further reading
thereof. Second by Councilmember Olsen. Discussion was held.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser, and
Mayor Abdo
Negative: Councilmember Holbrook
Absent: Councilmember Greenberg
9-C: EARTHQUAKE RECOVERY ACT/EXPEDITE CERTIFICATES OF ECONOMIC
HARDSHIP: Presented was the staff report recommending
direction to staff to prepare an emergency ordinance amending
the Earthquake Recovery Act to expedite Council review of
certificates of economic hardship for red- and yellow-tagged
buildings. Council asked questions of staff. Member of the
public Joy Fullmer expressed her concerns. Member of the
public Chris Harding spoke in support of the proposal. Member
of the public Dave Paley expressed concerns with the proposal,
particularly dealing with financial hardship leading to the
demolition of historic buildings. Council asked questions of
staff. Councilmember Genser moved to direct staff to return at
the August 9, 1994 meeting with an emergency ordinance amending
the Earthquake Recovery Act Ordinance to expedite the process
for certificate of economic hardship applications. Second by
Councilmember Holbrook. Discussion was held. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein, V zquez, Mayor
Abdo
Absent: Councilmember Greenberg
9-D: CLOSED SESSION: The Closed Session was withdrawn at the
request of staff.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo
announced that the floor would accept nominations for
appointments to the Social Services Commission. Councilmember
Rosenstein nominated Marilyn Shirk. Councilmember Genser moved
to appoint Marilyn Shirk by acclamation to the Social Services
Commission for a term ending June 30, 1995. The motion was
duly seconded and unanimously approved.
Appointments to the Bayside District Corporation, Commission on
Older Americans, Convention and Visitors Bureau, and the
Recreation & Parks Commission were continued to the meeting of
August 9, 1994.
14-B: AMENDMENT REGARDING FIREARM LICENSES: Presented was the
request of Councilmember Olsen 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. Members
of the public Bruce Jochim and Peggy Jochim spoke in support of
Councilmember Olsen's proposal. Councilmember Olsen moved to
direct staff to amend Ordinance No. 1735(CCS) regarding firearm
licenses, to grandparent existing firearm dealers that are in
non-residential zones and to analyze appropriate conditions to
be placed on them that are in the current ordinance that was
recently adopted and to give the grandparented establishments
some timeframe and put some CUP process in place to which the
establishments can conform. Second by Councilmember
Rosenstein. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Olsen,
Rosenstein, Mayor Abdo
Negative: Councilmember Genser, V zquez
Absent: Councilmember Greenberg
14-C: UPDATE AND ACTION PLAN/PEDESTRIAN SAFETY AND 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 as recommended in
prior Council action was withdrawn at the request of
Councilmember Olsen.
14-D: AMENDMENT/PROHIBITION ON SMOKING INDOORS: Presented was
the request of Councilmember Rosenstein to discuss directing
the City Attorney to prepare an amendment to our prohibition on
smoking indoors to include all workplaces in Santa Monica and
request City staff to contact those affected regarding these
changes. Council asked questions of Councilmember Rosenstein.
Councilmember Rosenstein moved to direct the City Attorney to
prepare an amendment to the prohibition on smoking indoors to
include all workplaces in Santa Monica and request City staff
to contact those affected regarding these changes. Second by
Councilmember Holbrook. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, Mayor Abdo
Absent: Councilmember Greenberg
14-E: AMEND INTERIM STANDARDS/BAYSIDE DISTRICT/FAST FOOD
OUTLETS: Presented was the request of Councilmembers
Rosenstein and Holbrook to discuss directing staff to amend, on
an urgency basis, the interim standards for the Bayside
District which regulate the proliferation of fast food outlets.
Member of the public Ron Cano spoke in support of the proposal.
Councilmember Rosenstein moved to direct staff to return with
some amendments to the interim standards for the Bayside
District which will: 1) provide an operational definition
distinguishing a fast food restaurant from a full-service
restaurant, said definition of fast food to exclude facilities
such as coffee bars; 2) ask Planning Department to study some
means, in connection with the Specific Plan Update, to restrict
fast food restaurants to the existing food courts and put in
place a moratorium on such establishments until the Specific
Plan is adopted; 3) allow this item to be addressed as part of
the Specific Plan Update. Second by Councilmember Holbrook.
Discussion was held. Councilmember Holbrook moved an amendment
to direct staff to do their best to explore the possibility of
a moratorium on new business licenses in the area with
appropriate exceptions for businesses that have already
received planning approvals; prepare an emergency ordinance,
retroactive to this evening, to be considered next week, if
possible, for business licenses under the current Zoning Code
definition of "fast food." Second by Councilmember Genser.
Motion was accepted as friendly. The motion was unanimously
approved as amended, Councilmember Greenberg absent.
Councilmember Genser moved to extend the meeting for five
minutes. Second by Mayor Abdo. The motion was unanimously
approved, Councilmember Greenberg absent.
15: PUBLIC INPUT: Member of the public Steve Alpert clarified
SMRR's position with regard to the construction of the police
facility.
ADJOURNMENT: At 12:05 A.M., the meeting was adjourned to
August 9, 1994, at 6:30 P.M., in memory of Alicia Ashford and
Raina Nichelson.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor