CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 9, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:47 P.M. on Tuesday, August 9, 1994,
in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
(arrived at 6:50 P.M.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
(arrived at 6:50 P.M.)
Councilmember Paul Rosenstein
Absent: Councilmember Asha Greenberg
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.
Councilmember Olsen and Mayor Pro Tempore V zquez reported
present at 6:50 P.M.
At 6:50 P.M., a Special City Council/Housing Authority Special
Joint Meeting was convened.
Housing Authority
Roll Call: Present: Chair Judy Abdo
Vice Chair Antonio V zquez
Commissioner Ken Genser
Commissioner Robert T. Holbrook
Commissioner Kelly Olsen
Commissioner Paul Rosenstein
Absent: Commissioner Asha Greenberg
Also Present: Secretary John Jalili
Authority Attorney Marsha Moutrie
Authority Clerk Clarice E. Dykhouse
HA-1: MINUTES APPROVAL: Vice Chair V zquez moved to approve
Housing Authority minutes of June 28, 1994. Second by
Commissioner Genser. The motion was unanimously approved,
Commissioner Greenberg absent.
HA-2: HOUSING ASSISTANCE CERTIFICATES/VOUCHERS: Presented was
a resolution approving the submission of an application for 89
Housing Assistance Certificates/Vouchers and authorizing the
Executive Director to sign the application and execute the
annual contribution contract. Member of the public Joy Fullmer
expressed her concerns. Commissioner Holbrook moved to adopt
Resolution No. 64(HAS) entitled: "A RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF SANTA MONICA APPROVING THE SUBMISSION
OF AN APPLICATION FOR 89 HOUSING ASSISTANCE
CERTIFICATES/VOUCHERS," reading by title only and waiving
further reading thereof. Second by Vice Chair V zquez. The
motion was approved by the following vote:
Housing Authority vote:
Affirmative: Commissioners Genser, Holbrook,
Olsen, Rosenstein, V zquez, Chair
Abdo
Absent: Commissioner Greenberg
At 6:57 P.M., the Special City Council/Housing Authority
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. 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-L, 6-N, and 6-P, 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 Genser, Holbrook,
Olsen, Rosenstein, V zquez, Mayor
Abdo
Absent: Councilmember Greenberg
6-A: PROHIBITION OF DISCRIMINATORY PRICING: Ordinance No.
1760(CCS) 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," was
adopted.
Staff Report
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8793(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: FINAL SUBDIVISION MAP/TRACT NO. 51138/TPC-293/914 21ST
STREET: Resolution No. 8794(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51138 AT 914
21ST STREET," was adopted thereby approving a 5-unit tenant-
participating conversion project at 914 21st Street.
Staff Report
6-D: FINAL SUBDIVISION MAP/TRACT NO. 51820/TPC-313/423 PIER
AVENUE: Resolution No. 8795(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51820 AT 423
PIER AVENUE," was adopted thereby approving a 7-unit tenant-
participating conversion project at 423 Pier Avenue.
Staff Report
6-E: FINAL SUBDIVISION MAP/TRACT NO. 51729/TPC-298/842-844
12TH STREET: Resolution No. 8796(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51729 AT 842-
844 12TH STREET," was adopted thereby approving a 7-unit
tenant-participating conversion project at 842-844 12th Street.
Staff Report
6-F: FINAL SUBDIVISION MAP/TRACT NO. 51426/TPC-275/1437-1453
STANFORD STREET: Resolution No. 8797(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
51426 AT 1437-1453 STANFORD STREET," was adopted thereby
approving a 26-unit tenant-participating conversion project at
1437-1453 Stanford Street.
Staff Report
6-G: FINAL SUBDIVISION MAP/TRACT NO. 51409/TPC-276/1918 11TH
STREET: Resolution No. 8798(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51409 AT 1918
ELEVENTH STREET," was adopted thereby approving a 7-unit
tenant-participating conversion project at 1918 11th Street.
Staff Report
6-H: FINAL SUBDIVISION MAP/TRACT NO. 46656/CONDOMINIUMS/951
OCEAN AVENUE: Resolution No. 8804(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
46656 FOR A PROJECT AT 951 OCEAN AVENUE," was adopted thereby
approving a 16-unit condominium project at 951 Ocean Avenue.
Staff Report
6-I: FINAL SUBDIVISION MAP/TRACT NO. 51159/TPC-219/1427 25TH
STREET: Resolution No. 8805(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51159 AT 1427
25TH STREET," was adopted thereby approving a 6-unit tenant-
participating conversion project at 1427 25th Street.
Staff Report
6-J: AWARD OF BID/COTTON RAGS: Bid #2498 was awarded to Kwik
Distributing Inc. to furnish and deliver cotton rags at
specified unit prices for various departments.
Staff Report
6-K: AWARD OF BID/MISCELLANEOUS TRASH BIN PARTS: Bid #2504
was awarded to Consolidated Fabricator Corporation to provide
miscellaneous trash bin parts at specified unit prices for the
Solid Waste Division, Environmental & Public Works Management
Department.
Staff Report
6-M: AWARD OF CONTRACT/STORM DRAIN IMPROVEMENTS/SANITARY SEWER
MAIN REPLACEMENTS/SANITARY SEWER MAIN RELINING/WATER MAIN
REPLACEMENTS: Contract No. 7061(CCS) was awarded to Colich &
Sons to install storm drain improvements, sanitary sewer main
replacements, sanitary sewer main relining and water main
replacements in the amount of $1,788,401.31 at various City
locations.
Staff Report
6-O: RESTORATION/CITY-OWNED EARTHQUAKE-DAMAGED BUILDINGS:
Contract No. 7062(CCS) was approved with Sidtron, Inc. in the
amount of $1,246,580 to initiate restoration of City-owned
earthquake-damaged buildings and Contract No. 7063(CCS) was
approved with CMTS in an amount not to exceed $96,000 for
construction management and repair work of such buildings.
Staff Report
END OF CONSENT CALENDAR
6-L: AWARD OF BID/TRACTORS: Council asked questions of staff.
Councilmember Olsen moved to award Bid #2505 to Staben
Equipment Co. to furnish and deliver two tractors with enclosed
cabs in the amount of $124,888.03 for the Beach Maintenance
Division, Environmental and Public Works Management Department.
Second by Councilmember Holbrook. 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
6-N: CANCELLATION OF COUNCIL MEETING: Discussion was held.
Councilmember Genser moved to cancel the regular City Council
meeting of August 23, 1994, due to a lack of a quorum. Second
by Councilmember Rosenstein. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Olsen,
Rosenstein, V zquez, Mayor Abdo
Negative: Councilmember Holbrook
Absent: Councilmember Greenberg
6-P: EXECUTION OF A PROFESSIONAL SERVICE CONTRACT/RESTORATION
OF MILES MEMORIAL PLAYHOUSE: Council asked questions of staff.
Councilmember Olsen moved to approve Contract No. 7064(CCS)
with the John Ash Group in an amount not to exceed $150,000 for
the preparation of design and construction bidding documents
for the restoration of Miles Memorial Playhouse; authorize the
City Engineer to issue any necessary change orders to complete
additional work in conformance with the Administrative
Instructions on change orders; and approve the budget as
indicated in the Budget/Financial Analysis. Second by Mayor
Abdo. 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
8-A: PARK CLOSURE HOURS: Presented was an ordinance for
second reading and adoption amending Santa Monica Municipal
Code Section 4.08.091 relating to park closure hours.
Councilmember Olsen moved to adopt Ordinance No. 1761(CCS)
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," 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 Rosenstein, Olsen,
Holbrook, Genser
Negative: Councilmember V zquez, Mayor Abdo
Absent: Councilmember Greenberg
8-B: BIDDING PREFERENCE/SANTA MONICA BUSINESSES: Presented
was an ordinance for second reading and adoption amending Santa
Monica Municipal Code Sections 2.24.090(2) and 2.24.100 to
provide a 1% bidding preference for Santa Monica businesses.
Councilmember Olsen moved to adopt Ordinance No. 1762(CCS)
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.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, V zquez, Mayor Abdo
Negative: Councilmember Rosenstein
Absent: Councilmember Greenberg
Councilmember Rosenstein requested that the record reflect that
he voted "no" on this item even though he supports the spirit
in which it was made, but he also supports the concept of free
trade and this would place a restriction on trade and make
business less competitive.
8-C: FIREARMS LICENSES: 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. Council asked
questions of staff. At 7:15 P.M., Mayor Abdo declared the
public hearing open. Member of the public Joy Fullmer
expressed her concerns. Member of the public Jerry Rubin spoke
in opposition to the proposed ordinance. Mayor Abdo closed the
public hearing at 7:18 P.M. Councilmember Olsen moved to adopt
Ordinance No. 1763(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 Holbrook.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, Mayor Abdo
Absent: Councilmember Greenberg
8-D: AMENDMENT OF EARTHQUAKE RECOVERY ACT: Presented was an
emergency ordinance for introduction and adoption amending the
Earthquake Recovery Act concerning processing of certificates
of economic hardship for red- and yellow-tagged structures.
Council asked questions of staff. At 7:35 P.M., Mayor Abdo
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Member of the public Dave
Paley spoke in support of the proposed ordinance. Mayor Abdo
closed the public hearing at 7:38 P.M. Council asked questions
of staff. Councilmember Genser moved to adopt Ordinance No.
1764(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE EARTHQUAKE RECOVERY ACT
CONCERNING PROCESSING OF CERTIFICATES OF ECONOMIC HARDSHIP FOR
RED AND YELLOW TAGGED STRUCTURES," amending SECTION 22 to read
as follows: "An application for a Certificate of Economic
Hardship for any landmark building or structure in a historic
district...," and changing the Timelines section subparagraphs
(3) and (7) to ten (10) days before the date scheduled for
hearing, reading by title only and waiving further reading
thereof. Second by Councilmember Olsen. 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
8-E: AMENDMENT/TENANT RELOCATION ASSISTANCE ORDINANCE:
Presented was an emergency ordinance for introduction and
adoption amending the Tenant Relocation Assistance Ordinance to
make its provisions inapplicable when a tenancy is terminated
pursuant to the Ellis Act and the displaced tenant does not
qualify as a lower income household. Council asked questions
of staff. At 7:54 P.M., Mayor Abdo declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
Members of the public Scott Router, Doug Appel, and Dan Baron
spoke in opposition to the proposed ordinance. Mayor Abdo
closed the public hearing at 8:03 P.M. Council asked questions
of staff. Councilmember Genser moved to trail the remainder
this item until after the break this evening. Second by Mayor
Pro Tempore V zquez. The motion was unanimously approved,
Councilmember Greenberg absent.
Staff Report
8-F: PROHIBITION OF FAST FOOD ESTABLISHMENTS/C3 AND C3C
DISTRICTS: Presented was an emergency ordinance for
introduction and adoption prohibiting fast food establishments
in specified portions of the C3 and C3C Districts on an interim
basis. Council asked questions of staff. At 8:15 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 8:16 P.M. Councilmember Rosenstein moved to
adopt Ordinance No. 1766(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING FAST FOOD
ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C
DISTRICTS ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN
EMERGENCY," 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, Holbrook,
Olsen, Rosenstein, V zquez, Mayor
Abdo
Absent: Councilmember Greenberg
8-G: PRIVATE OPEN SPACE REQUIREMENTS: Presented was an
ordinance for introduction and first reading to establish
private open space requirements in multi-family residential
developments in multi-family residential districts and in non-
residential districts. Council asked questions of staff. At
8:20 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 8:22 P.M. Councilmember Holbrook
moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO ESTABLISH PRIVATE OPEN SPACE REQUIREMENTS IN MULTI-FAMILY
RESIDENTIAL DEVELOPMENTS IN MULTI-FAMILY RESIDENTIAL DISTRICTS
AND IN NON-RESIDENTIAL DISTRICTS," reading by title only and
waiving further reading thereof. Second by Councilmember
Olsen. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, Mayor Abdo
Absent: Councilmember Greenberg
At 8:23 P.M., Council adjourned for a short recess. Council
reconvened at 8:50 P.M. with all members present except
Councilmember Greenberg.
8-E: AMENDMENT/TENANT RELOCATION ASSISTANCE ORDINANCE
(Resumed): Council asked questions of staff. Councilmember
Genser moved to adopt Ordinance No. 1765(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE TENANT RELOCATION ASSISTANCE ORDINANCE TO MAKE ITS
PROVISIONS INAPPLICABLE WHEN A TENANCY IS TERMINATED PURSUANT
TO THE ELLIS ACT AND THE DISPLACED TENANT DOES NOT QUALIFY AS A
LOWER INCOME HOUSEHOLD AND DECLARING THE PRESENCE OF AN
EMERGENCY," reading by title only and waiving further reading
thereof, and direct the City Manager to develop, as soon as
possible, a process for informally providing advice to both
tenants and landlords about eligibility of relocating. Second
by Councilmember Rosenstein. Discussion was held. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, Mayor Abdo
Absent: Councilmember Greenberg
9-A: FEE SCHEDULE/WOODLAWN CEMETERY: Presented was the staff
report recommending approval of a resolution revising the fee
schedule for Woodlawn Cemetery services. Council asked
questions of staff. Councilmember Genser moved to adopt
Resolution No. 8066(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA REVISING THE FEE SCHEDULE
FOR WOODLAWN CEMETERY SERVICES," reading by title only and
waiving further reading thereof. Second by Mayor Pro Tempore
V zquez. Discussion was held. Mayor Pro Tempore V zquez moved
to amend the motion to request staff to initiate a process with
the neighborhood groups for capital improvements around the
perimeter of the facility and report back to Council and the
community and include a schedule of implementation. The motion
was accepted as friendly. 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: REPORT/PARK SAFETY AND HOMELESS ACT OF 1994 INITIATIVE
PETITION VERIFICATION: Presented was the report from the City
Clerk regarding the "Park Safety and Homeless Act of 1994"
Initiative Petition verification. Council asked questions of
staff. Members of the public Ron Taylor, Christian Schoentag,
Jerry Rubin, Cheryl Bell, James Daly, Beloved Quail, Len
Doucette, John Combs, Mildred Rosenstein, and Stephen Alpert
spoke in support of disallowing this initiative on the ballot.
Members of the public Ruth Ebner, Tom Larmore, and Matt Kamy
spoke in support of placing this initiative on the ballot.
Members of the public Art Casillas and Joy Fullmer expressed
their concerns. Council asked questions of staff. Discussion
was held. Councilmember Rosenstein moved to extend the meeting
to 12:00 Midnight. Second by Mayor Pro Tempore V zquez. The
motion was unanimously approved, Councilmember Greenberg
absent. Discussion continued. Councilmember Holbrook moved to
accept the report as prepared by the City Clerk that there is a
qualified measure before the Council. Second by Councilmember
Genser. Council asked questions of staff. Councilmember
Genser withdrew his second. Councilmember Genser moved to
accept the report of the City Clerk and ask staff to study
certain issues of conflict with existing law and whether this
enhances or weakens existing law, issues of legality and
constitutionality, and financial impact. Discussion was held.
Second by Councilmember Rosenstein with the understanding that
this action is consistent with the provisions of State
Elections Code Section 4009.5. Council asked questions of
staff. Councilmember Holbrook moved a substitute motion to
accept the report of the City Clerk. Second by Councilmember
Olsen. Discussion was held. Councilmember Genser moved to
table this item and consolidate it with Item Nos. 12-A and 14-
D. Second by Councilmember Rosenstein. The motion was
unanimously approved, Councilmember Greenberg absent.
Staff Report
10-A: ASSESSMENT/SIDEWALKS/CURBS/DRIVEWAYS/PARKWAYS:
Presented was the public hearing for the confirmation of
assessment of costs to repair sidewalks, curbs, driveways and
parkway areas on various city streets (SR 94-190) and adoption
of a resolution. At 11:30 P.M., Mayor Abdo declared the public
hearing open. Member of the public Kenneth Nakama protested
the assessment. Mayor Abdo closed the public hearing at 11:32
P.M. Discussion was held. Councilmember Holbrook moved to
adopt Resolution No. 8807(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE
ASSESSMENT COSTS AND THE REPORT OF THE SUPERINTENDENT OF
STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS,
CURBS AND REMOVAL OF DAMAGED PAVEMENT IN THE PARKWAY AREA ON
VARIOUS STREETS (SR-94-190)," with the exception of the parcel
at 1759 17th Street, reading by title only and waiving further
reading thereof. Second by Councilmember Olsen. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, Mayor Abdo
Absent: Councilmember Greenberg
12-A: RESOLUTIONS ADDING MEASURES TO BALLOT/GENERAL MUNICIPAL
ELECTION/NOVEMBER 9, 1994: Presented were resolutions adding
measures to the ballot for the General Municipal Election to be
held on November 8, 1994; requesting consolidation of the
election, authorizing specified services with Los Angeles
County Registrar-Recorder and Martin & Chapman Company;
authorizing certain Councilmembers to file written arguments
and authorizing the City Attorney to prepare impartial
analyses. Consolidated with Item Nos. 9-B and 14-D.
Staff Report
14-D: PUBLIC SAFETY AND HOMELESS SERVICES ACT OF
1994/PLACEMENT ON MUNICIPAL ELECTION BALLOT: Presented was the
request of Councilmembers Holbrook and Greenberg that the City
Council place the Public Safety and Homeless Services Act of
1994 initiative on the November 8, 1994 Municipal Election
Ballot. Consolidated with Item Nos. 9-B and 12-A.
Members of the public Beloved Quail and Christian Schoentag
spoke in opposition to the proposal.
Mayor Abdo brought forward the motions made in Item No. 9-B,
above, as follows: Councilmember Genser moved to accept the
report of the City Clerk and ask staff to study certain issues
of conflict with existing law and whether this enhances or
weakens existing law, issues of legality and constitutionality,
and financial impact and report the results of the study at a
meeting to be held on September 6, 1994. Discussion was held.
Second by Councilmember Rosenstein with the understanding that
this action is consistent with the provisions of State
Elections Code Section 4009.5. Council asked questions of
staff. Councilmember Holbrook moved a substitute motion to
accept the report of the City Clerk. Second by Councilmember
Olsen. Council asked questions of staff. Councilmember
Holbrook amended his motion to set in place those actions
necessary to place the initiative on the November 8, 1994,
General Election Ballot. The amendment was accepted as
friendly. Discussion was held. The substitute motion failed
by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Olsen
Negative: Councilmembers Genser, Rosenstein, V zquez,
Mayor Abdo
Absent: Councilmember Greenberg
Discussion followed. With Council consent, the motion was
amended that the results of the study be presented at an
adjourned meeting on Wednesday, September 7, 1994, at 7:30 P.M.
due to a holiday. Council asked questions of staff. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Genser, Mayor Abdo
Negative: Councilmembers Olsen, Holbrook
Absent: Councilmember Greenberg
Councilmember Holbrook moved to study, in conjunction with the
study above, the economic ramifications and the effects on the
budget of the proposal to submit to the voters a ballot measure
to amend the city charter to permit publication of a summary of
an ordinance after adoption. Second by Councilmember Olsen.
Council asked questions of staff. Discussion was held. The
motion failed by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser, Mayor
Abdo
Negative: Councilmember Holbrook
Absent: Councilmember Greenberg
Mayor Abdo moved to adopt Resolution No. 8808(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS ONE BALLOT MEASURE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994,"
reading by title only and waiving further reading thereof.
Second by Councilmember Genser. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Genser, Mayor Abdo
Negative: Councilmember Holbrook
Absent: Councilmember Greenberg
Mayor Abdo moved to adopt Resolution No. 8809(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS
REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE GENERAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 1994," reading by
title only and waiving further reading thereof, with arguments
"For" the measure to be prepared by Councilmembers Genser and
Rosenstein, and Mayor Abdo, and arguments "Against" the measure
to be prepared by Councilmember Holbrook. Motion was duly
seconded and was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Genser, Mayor
Abdo
Negative: Councilmember Holbrook
Absent: Councilmember Greenberg
At 12:05 A.M., Councilmembers Holbrook and Rosenstein excused
themselves from the meeting.
Mayor Abdo moved to adopt Resolution No. 8810(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY
OF SANTA MONICA TO BE HELD ON NOVEMBER 8, 1994, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO
ELECTIONS CODE SECTION 23302," reading by title only and
waiving further reading thereof. 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
Mayor Abdo moved to adopt Resolution No. 8811(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA
MONICA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 1994," reading by title only
and waiving further reading thereof. 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
Mayor Abdo moved to adopt Resolution No. 8812(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES TO THE
CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 8, 1994," reading by title only and waiving
further reading thereof. 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
12-B: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEYS UNION: The
resolution authorizing the City Manager to execute a Memorandum
of Understanding with the Public Attorneys Union (PAU) will be
considered during Closed Session.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual
appointments of members to Boards and Commissions and
unscheduled appointments to the Commission on Older Americans,
Convention and Visitors Bureau and Pier Restoration Corporation
were continued.
14-B: USE OF COUNCIL CHAMBER/INTERNAL REVENUE SERVICE:
Presented was the request of Mayor Abdo to approve the Internal
Revenue Service's use of the Council Chambers on Wednesday,
September 28, 1994, and Thursday, November 3, 1994, and waiver
of the customary charge. Mayor Abdo moved to approve the
Internal Revenue Service's use of the Council Chambers on
Wednesday, September 28, 1994, and Thursday, November 3, 1994,
and waive the customary charge. Second by Mayor Pro Tempore
V zquez. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Genser, V zquez,
Mayor Abdo
Negative: Councilmember Olsen
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
Councilmember Olsen reconsidered his vote resulting in an
approval of the motion by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
V zquez, Mayor Abdo
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
14-C: INVESTIGATE PROGRAMS/PROBLEM BUSINESSES: Presented was
the request of Councilmember Holbrook to discuss directing
staff to investigate programs used by other cities to deal with
problem businesses, such as liquor stores. Mayor Abdo moved to
direct staff to investigate programs used by other cities to
deal with problem businesses, such as liquor stores. Second by
Mayor Pro Tem V zquez. The motion was unanimously approved,
Councilmembers Greenberg, Holbrook, and Rosenstein absent.
9-C: CLOSED SESSION: At 12:11 A.M., Council adjourned to
Closed Session for a conference with labor negotiator.
At 12:35 A.M., Council reconvened with all members present
except Councilmembers Greenberg, Holbrook, and Rosenstein.
12-B: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEYS UNION:
Councilmember Genser moved to adopt Resolution No. 8813(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A
MODIFICATION TO THE MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC
ATTORNEYS UNION," reading by title only and waiving further
reading thereof. Second by Councilmember Olsen. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
V zquez, Mayor Abdo
Absent: Councilmembers Greenberg, Holbrook,
Rosenstein
15: PUBLIC INPUT: Member of the public Beloved Quail
addressed Council. No action was taken.
ADJOURNMENT: At 12:45 A.M., the meeting was adjourned to
September 7, 1994, at 7:30 P.M., in memory of Audrey Lynn
Lockwood.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor