CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 20, 1994
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Abdo at 6:00 P.M. on Wednesday,
September 20, 1994, in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
(arrived during Closed Session)
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
(arrived during Closed Session)
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
(arrived during Closed Session)
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CLOSED SESSION: At 6:00 P.M., Council adjourned to Closed
Session for the purpose of a conference with legal counsel
regarding two cases of anticipated litigation.
At 7:18 P.M., Council reconvened with all members present.
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
Assistant City Clerk Beth Sanchez
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
Mayor Abdo moved to hear a speaker wishing to address Item No.
14-G. Second by Councilmember Genser. The motion was
unanimously approved. Member of the public Grace Heintz stated
her dismay that trees were destroyed in Lincoln Park.
8-A: 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 7:31 P.M., Mayor
Abdo declared the public hearing open. Member of the public
Joy Fullmer expressed her concerns. Member of the public Ron
Cano spoke in support of the extension of the moratorium.
Mayor Abdo closed the public hearing at 7:35 P.M.
Councilmember Genser moved to introduce for first reading and
adoption Ordinance No. 1770(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 Mayor Pro Tempore V zquez. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
9-A: MULTI-FAMILY EARTHQUAKE REPAIR LOAN PROGRAM/GUIDELINES
AND PROCEDURES: Presented was the staff report recommending
the establishment of a Multi-Family Earthquake Repair Loan
Program and adoption of program guidelines and procedures.
Council asked questions of staff. Member of the public
Geraldine Moyle spoke in support of the program. Member of the
public Joy Fullmer expressed her concerns. Council asked
questions of staff. Councilmember Genser moved to approve the
loan program Guidelines and Procedures; authorize staff to
develop and issue a Notice of Fund Availability announcing the
availability of such funds, receive applications for such funds
and make commitments pursuant to these guidelines; and approve
the additional positions and budget changes as set forth in
Exhibit 1. Second by Councilmember Olsen. Discussion was
held. Councilmember Olsen moved to amend the motion to include
that the City will continue to be aggressive with its
communication with the federal government about how this plan
needs to be changed, fixed, or improved to facilitate the
City's needs and how rent control is a factor in this regard.
The motion was accepted as friendly. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
9-B: SUSTAINABLE CITY PROGRAM: Presented was the staff report
recommending adoption of the Santa Monica Sustainable City
Program. Council asked questions of staff. Members of the
public John Zinner, Merritt Coleman, Louise Fish, Mark Olson,
and Bob Gottlieb spoke in support of the program. Member of
the public Joy Fullmer expressed her concerns. Discussion was
held. Mayor Abdo moved to adopt the Santa Monica Sustainable
City Program. Second by Councilmember Rosenstein. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
9-C: CLOSED SESSION: Not held.
At 8:45 P.M., Council adjourned for a short recess. Council
reconvened at 9:12 P.M. with all members present.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo
announced that the floor would consider nominations to fill
vacancies of members to the Convention and Visitors Bureau.
Mayor Abdo nominated Katharine King. There being no further
nominations, nominations were closed. Mayor Abdo moved to
appoint Katharine King by acclamation to the Convention and
Visitors Bureau for a term ending June 30, 1997. The motion
was duly seconded and unanimously approved. Mayor Abdo
nominated Richard Olshansky. There being no further
nominations, nominations were closed. Mayor Abdo moved to
appoint Richard Olshansky by acclamation to the Convention and
Visitors Bureau for a term ending June 30, 1997. The motion
was duly seconded and unanimously approved.
Appointments to the Bayside District Corporation, Commission on
Older Americans, Convention and Visitors Bureau, Pier
Restoration Corporation, and Recreation & Parks Commission were
continued to the meeting of September 27, 1994.
14-B: COMMISSIONERS EMERITUS/COMMISSION ON OLDER AMERICANS:
Mayor Abdo nominated Florence Cardine and Judith Gewertz as
Commissioners Emeritus to the Commission on Older Americans for
terms ending June 30, 1996. Second by Councilmember Genser.
The motion was unanimously approved.
14-C: PROCEDURES/PUBLIC NOTIFICATION/MAJOR IMPROVEMENTS/SANTA
MONICA AIRPORT: Presented was the request of Mayor Pro Tempore
V zquez to discuss establishing appropriate procedures to
provide public notification on any major improvement at Santa
Monica Airport. Member of the public Brian Ouzounian suggested
that the Airport Commission meetings be televised. Members of
the public Eric Parlee and Ed Fidelman spoke in support of a
process to notify the public of improvements at the airport.
Council asked questions of staff. Discussion was held. Mayor
Pro Tempore Vazquez moved to remand this item to staff for
investigation of the following issues: 1) what will trigger
the process; 2) study what the process might look like in terms
of including the ARB and Planning Commission in the process;
and 3) notification of the public. Second by Councilmember
Rosenstein. Discussion was held. The motion was unanimously
approved. Discussion was held. Councilmember Genser moved to
request staff to report to Council as soon as possible as to
action which can be taken to maintain the status quo (no more
physical changes or permits) at the airport, analyze this
development's conformity with zoning issues, and as a part of
that to review Council action when it elected not to zone the
airport, and agendize this issue at the next meeting, if it is
required, to maintain options with regard to the status quo.
Second by Councilmember Rosenstein. Discussion was held. The
motion was unanimously approved.
14-D: PERMIT PROCEDURE/GARDENERS/LEAF BLOWERS: Presented was
the request of Councilmember Olsen to discuss directing staff
to develop a permit procedure for gardeners and to analyze ways
to be more effective in curtailing the use of leaf blowers.
Discussion was held. Councilmember Olsen moved to direct staff
to develop a permit procedure for gardeners and to analyze ways
to be more effective in curtailing the use of leaf blowers.
Second by Councilmember Genser. Discussion was held. The
motion was unanimously approved.
14-E: TEXT AMENDMENT/ZONING CODE/HOURS OF OPERATION FOR FAST
FOOD ESTABLISHMENTS ADJACENT TO RESIDENTIAL ZONES: Presented
was the request of Councilmember Olsen to discuss directing
staff to prepare a text amendment to the zoning code that would
set hours of operation for fast food establishments adjacent to
residential zones and in business prior to the adoption of the
1988 zoning code. Members of the public Fred Bakshandeh, Zoran
Segina, Sylvia Shniad, Leon Ferder, Jennifer Silverman, Giok
Brandt, Blythe Egaw, Judy Silverman, Donald Brandt, Sabine
Schlosser, Scott Portnoff, Paul Whitehead, Albert Winn, and
Katie Whitehead spoke in support of the proposed text
amendment.
Councilmember Rosenstein moved to extend the meeting to the
conclusion of Item No. 14-E. Second by Councilmember
Greenberg. Councilmember Genser moved a substitute motion to
extend the meeting to the completion of the agenda. Second by
Councilmember Olsen. Discussion was held. The substitute
motion failed by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
V zquez, Mayor Abdo
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein
Councilmember Genser moved a substitute motion that if this
meeting is ended after the completion of this item, the
remaining items be continued to the meeting of October 11,
1994, at which time they will be heard as "5" items. Second by
Councilmember Holbrook. Discussion was held. Councilmember
Genser withdrew his substitute motion. Mayor Abdo moved a
substitute motion to extend the meeting to the conclusion of
the items and those councilmembers who need to leave be
excused; however, those members who leave vote to allow the
remainder of the councilmembers to stay and complete as much of
the agenda as possible. Second by Councilmember Genser. The
substitute motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, V zquez, Mayor
Abdo
Negative: Councilmember Rosenstein
Council asked questions of staff. Councilmember Olsen moved to
direct staff to prepare a text amendment that would change
current operations that are prior to the 1988 Zoning Code to
create hours of operation of drive-thru operations at fast food
restaurants to exclude the hours of 10:00 P.M. to 7:00 A.M.,
for those fast food restaurants that are immediately adjacent
to a residentially-zoned piece of property (immediately
adjacent having the same meaning as the current Zoning Code
which means that across an alley is still considered to be
immediately adjacent) and ask staff to research and report back
as soon as possible on existing businesses that have
discretionary permits. Second by Councilmember Greenberg.
Discussion was held. Councilmember Greenberg moved to amend
the motion to ask staff to decide whether the terminology
"immediately adjacent to" or a specific number of feet would be
better, that the text amendment return as an emergency
ordinance, and direct staff to terminate non-conforming
activities under the ordinance within the quickest, legally-
feasible time frame. The motion was accepted as friendly.
Discussion was held. Mayor Abdo moved to amend the motion to
direct staff to have strong communication with the general
managers with regard to enforcement issues. The motion was
accepted as friendly. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
Councilmembers Greenberg, Holbrook, and Rosenstein were excused
from the meeting at 11:28 P.M.
14-F: OPPOSITION TO PROPOSITION 188/SMOKING AND TOBACCO
PRODUCTS LOCAL PREEMPTION INITIATIVE: Presented was the
request of Councilmember Olsen to discuss opposing Proposition
188, the Smoking and Tobacco Products, Local Preemption
Initiative. Member of the public Jerry Rubin spoke in support
of opposing Proposition 188. Member of the public Paul Lehman
spoke in opposition to opposing Proposition 188. Councilmember
Olsen moved to oppose Proposition 188. Second by Mayor Abdo.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Absent: Councilmembers Rosenstein, Holbrook,
Greenberg
14-G: REPLACEMENT/EUCALYPTUS TREES AND OTHER MATURE
TREES/LINCOLN PARK: Councilmember Olsen presented his request
to discuss directing staff to analyze and conceive a plan to
replace the eucalyptus trees as well as other mature trees that
were recently destroyed in Lincoln Park. Member of the public
S. M. Henderson spoke in support of the replacement of trees in
Lincoln Park. Discussion was held. Councilmember Olsen moved
to direct staff to return to Council with a report addressing
their thoughts about what it would take to replace the trees
that were removed from Lincoln Park, either at Lincoln Park or
elsewhere, with the preference being Lincoln Park, if possible,
and alternatives. Second by Mayor Pro Tempore V zquez.
Council asked questions of staff. The motion was unanimously
approved, Councilmembers Greenberg, Holbrook, and Rosenstein
absent.
14-H: ENFORCEMENT OF PROVISIONS/DEVELOPMENT AGREEMENT/NATIONAL
MEDICAL ENTERPRISES: Councilmember Olsen presented his request
to discuss directing staff to enforce the provisions of the
development agreement between the City and National Medical
Enterprises. Member of the public Merritt Coleman urged
Council to enforce the terms of the development agreement
between the City and National Medical Enterprises.
Councilmember Olsen moved to direct staff to study the
development agreement between the City and National Medical
Enterprises and report back to Council with regard to how it
can be enforced, if it can be enforced, and what it is that the
neighbors have been promised and how they can get it. Second
by Mayor Abdo. Council asked questions of staff. The motion
was unanimously approved, Councilmembers Greenberg, Holbrook,
and Rosenstein absent.
14-I: GRAFFITI ORDINANCE: Mayor Abdo presented, on behalf of
Councilmember Holbrook, his request to discuss directing staff
to review the graffiti ordinance proposed by the Santa Monica
Chamber of Commerce. Member of the public Sam Zivi spoke in
support of the graffiti ordinance proposed by the Santa Monica
Chamber of Commerce. Mayor Abdo moved to direct staff to
review the graffiti ordinance proposed by the Santa Monica
Chamber of Commerce. Second by Mayor Pro Tempore V zquez.
Mayor Abdo moved to amend the motion to also request that staff
investigate what has happened previously with regard to
locking-up of spray paint cans and related issues. The motion
was accepted as friendly. The motion was unanimously approved,
Councilmembers Greenberg, Holbrook, and Rosenstein absent.
14-J: SUPPORT OF AB 645/GUN FREE ZONE: Presented was a report
by staff, on behalf of Councilmember Holbrook, explaining AB
645. Mayor Abdo moved to write a letter to the governor to
encourage him to sign AB 645, which would create a gun free
zone within 1000 feet of school and college grounds. Second by
Councilmember Olsen. The motion was unanimously approved,
Councilmembers Greenberg, Holbrook, and Rosenstein absent.
14-K: SUPPORT SB 174/LIBRARY CONSTRUCTION AND RENOVATION BOND
ACT/SB 1448/BENEFIT ASSESSMENT: Staff advised that SB 174 did
not pass in the senate and therefore there is no need to take
action on same. Mayor Abdo moved to write a letter in support
of SB 1448. Second by Councilmember Olsen. The motion was
unanimously approved, Councilmembers Greenberg, Holbrook, and
Rosenstein absent.
14-L: SOUTHERN CALIFORNIA ASSOCIATION OF NON-PROFIT HOUSING
CONFERENCE: There was no action taken on the request of
Councilmember Rosenstein to discuss co-sponsoring the Southern
California Association of Non-Profit Housing Conference to be
held on Friday, September 23, 1994.
14-M: OPPOSITION/STATE PROPOSITION 187/ILLEGAL IMMIGRATION:
Presented was the request of Mayor Pro Tempore V zquez to
discuss adoption of a resolution in opposition to State
Proposition 187 regarding illegal immigration. Mayor Pro
Tempore V zquez moved to go on record as opposing State
Proposition 187. Second by Mayor Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
V zquez, Mayor Abdo
Absent: Councilmembers Rosenstein, Holbrook,
Greenberg
15: PUBLIC INPUT: Member of the public John Jurenka reported
on traffic problems on Fourth Street. Member of the public Len
Doucette reported on a recent incident between the police and a
formerly homeless individual. Member of the public Art
Casillas reported on crime. Member of the public Brian
Ouzounian discussed issues relating to the airport. Member of
the public Ed Fidelman discussed the traffic plan which will be
on an upcoming agenda and encouraged all members of the council
to participate rather than declaring a conflict of interest and
also discussed issues relating to the airport.
ADJOURNMENT: At 12:14 A.M., the meeting was adjourned to
September 27, 1994, at 6:30 P.M., in memory of Mr. Robert T.
Holbrook, Sr.
ATTEST: APPROVED:
Beth Sanchez Judy Abdo
Assistant City Clerk Mayor