CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 11, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:44 P.M. on Tuesday, October 11,
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
(arrived at 6:45 P.M.)
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: Assistant City Manager Lynne C.
Barrette
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.
Mayor Abdo announced that today is the last day to register to
vote in the November election and advised that registration
applications will be accepted at City Hall until 12:00 Midnight
this evening.
Mayor Abdo also announced that Santa Monica CityTV Video
Production Coordinator, Daniel Jacobo, will be receiving The
Outstanding Young Alumnus of the Year Award on Thursday,
October 13, 1994, at the University of California, Riverside.
4-A: PROCLAMATION/JOSE JAIME LANDEROS: Mayor Abdo presented a
proclamation honoring Jose Jaime Landeros for volunteering his
time and talent for the Santa Monica Public Library.
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.
Mayor Pro Tempore V zquez moved to approve the Consent
Calendar, with the exception of Item No. 6-H, 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, Mayor Abdo
6-A: MINUTES APPROVAL: The City Council minutes of September
13, 20, 27, 28, 1994, were approved as presented.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8823(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: AUTHORIZATION FOR SIGNATURES/ROBERT T. STAFFORD DISASTER
RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988/STATE FINANCIAL
ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT:
Resolution No. 8824(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING JOHN JALILI,
LYNNE C. BARRETTE, KATIE E. LICHTIG, JAMES T. BUTTS, AND
RICHARD BRIDGES TO EXECUTE DOCUMENTS REQUIRED UNDER P.L. 93-288
AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT OF 1988, OR STATE FINANCIAL ASSISTANCE
UNDER THE NATURAL DISASTER ASSISTANCE ACT," was adopted.
Staff Report
6-D: AWARD OF BID/CAB AND CHASSIS: Bid #2492 was awarded to
Nixon-Egli Equipment Company in the amount of $82,778.78 to
furnish and deliver a used cab and chassis for the Street
Maintenance Division, Environmental and Public Works Management
Department.
Staff Report
6-E: AWARD OF BID/FIREFIGHTING BRUSH COATS AND PANTS: Bid
#2513 was awarded to Allstar Fire Equipment, Inc. at specified
unit prices to furnish and deliver firefighting brush coats and
pants for the Fire Department.
Staff Report
6-F: LEASE AGREEMENT/BERLIN AVIONICS/HANGAR SPACE: Contract
No. 7092(CCS) with Berlin Avionics Inc. for hangar space at
Santa Monica Airport was approved.
Staff Report
6-G: LEASE AGREEMENT/SANTA MONICA PROPELLER/OFFICE AND HANGAR
SPACE: Contract No. 7093(CCS) with Santa Monica Propeller for
office and hangar space at the Santa Monica Airport was
approved.
Staff Report
6-I: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/VTTM
51893/1700 MAIN STREET: The Certification of Official Action
for appeal of Planning Commission approval of Vesting Tentative
Tract Map 51893, to allow a six-parcel subdivision at 1700 Main
Street, was approved.
Staff Report
6-J: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP
93-024/DR 93-008/CONDOMINIUMS/1206-18 OCEAN PARK BOULEVARD:
The Certification of Statement of Official Action for appeal of
Planning Commission decision which was modified and upheld by
City Council decision to deny a one-year extension of the
vested rights for the project's subdivision map and approve a
one-year extension of Conditional Use Permit 93-024 and
Development Review 93-008 until November 18, 1994, for a 20-
unit condominium project located at 1206-18 Ocean Park
Boulevard, was approved.
Staff Report
END OF CONSENT CALENDAR
6-H: LEASE AGREEMENT/OFFICE SPACE: Presented was the staff
report recommending that the City Manager be authorized to
negotiate and execute a lease agreement with Shaul Kabu/Dekel
Construction for office space for the Utilities Division of the
Environmental and Public Works Management Department. Council
asked questions of staff. Mayor Pro Tempore V zquez moved to
approve Contract No. 7094(CCS). Second by Councilmember
Holbrook. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
7-A: APPEAL/CUP 94-008/AMEND CUP 90-074/ALCOHOL LICENSES/625
MONTANA: Presented was the appeal of Planning Commission
approval of Conditional Use Permit 94-008 to allow a change
from a Type-20 (Off-Sale Beer and Wine) alcohol license to a
Type-21 (Off-Sale General) alcohol license in conjunction with
a wine store and request to amend Conditional Use Permit 90-
074, to relocate the wine tasting area. Address: 625 Montana,
Montana Wine Co. Applicant/Appellant: Robert Picone.
Appellants: Ken Genser and Stephanie Barbanell. Council asked
questions of staff. Appellant Councilmember Genser spoke in
support of the appeal and in opposition to the approval of the
CUP. Appellant Stephanie Barbanell spoke in support of the
appeal and in opposition to the approval of the CUP. Council
asked questions of Ms. Barbanell. Jonathan Horne and Robert
Picone, representing the applicant/ appellant, spoke in support
of the appeal and in support of the approval of the CUP.
Council asked questions of Mr. Picone. Members of the public
Alan Toy and Jerry Bass spoke in support of the appeal and in
support of the denial of the CUP. Councilmember Genser
presented his rebuttal. Council asked questions of
Councilmember Genser. Stephanie Barbanell presented her
rebuttal. Jonathan Horne presented his rebuttal. Council
asked questions of Mr. Horne. Council asked questions of
Robert Gorski, consultant for the applicant/appellant. Council
asked questions of staff. Discussion was held. Councilmember
Olsen moved to adopt the findings and conditions in the staff
report, but not allow the upgrade of the Type 20 to a Type 21
license, and direct staff to return with appropriate findings.
Second by Mayor Pro Tempore V zquez. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, V zquez, Mayor Abdo
Negative: Councilmembers Greenberg, Rosenstein
At 9:10 P.M., Council adjourned for a short recess. Council
reconvened at 9:25 P.M. with all members present.
8-A: EMERGENCY ORDINANCE/REPAIR OF POTENTIALLY HAZARDOUS
STRUCTURES: Presented was an emergency ordinance for
introduction and adoption amending Municipal Code Section
8.04.172 regarding the repair of potentially hazardous
structures in order to extend the time period for owners'
submission of engineering reports. Council asked questions of
staff. At 9:32 P.M., Mayor Abdo declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
Member of the public Bob Sullivan urged Council to provide
assistance to owners for the repair of damaged structures.
Member of the public Irma Vargas encouraged Council to provide
educational materials explaining the ordinance. Member of the
public Chris Harding stated his belief that there should not be
an absolute cut-off date in Division 4.00(a) and encouraged
that costs be pass-through items for landlords. Mayor Abdo
closed the public hearing at 9:40 P.M. Discussion was held.
Mayor Abdo moved to approve the staff recommendation amended to
stipulate that the owner must submit an engineering report
within 120 days from the date of notice to the owner of the
soft story structure by the City, but no later than March 31,
1995. Second by Mayor Pro Tempore V zquez. Discussion was
held. Councilmember Greenberg moved to amend the motion to add
language at the end of the first sentence in Division 4.00(a)
as follows: "...except any owner who has not been sent a
notice by the City shall be given, by City staff, at least an
additional thirty (30) days to comply." 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
By virtue of the above action, Ordinance No. 1771(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
8.04.172 REGARDING REPAIR OF POTENTIALLY HAZARDOUS STRUCTURES
AND DECLARING THE PRESENCE OF AN EMERGENCY," was adopted.
8-B: ORDINANCE/USE OF CITY-OWNED PARKING STRUCTURES:
Presented was an ordinance for introduction and first reading
adding Section 3.36.280 to the Santa Monica Municipal Code
regulating the use of City-owned parking structures. Council
asked questions of staff. At 10:10 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 proposed ordinance. Mayor Abdo closed the
public hearing at 10:25 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
ADDING SECTION 3.36.280 TO THE SANTA MONICA MUNICIPAL CODE
REGULATING THE USE OF CITY OWNED PARKING STRUCTURES," amended
to change the language in SECTION 2(a) to read as follows:
"(a) No person may be present in a City-owned Parking Structure
unless he or she is engaged in one of the following activities
or is with someone who is engaged in one of the following
activities;" and amend SECTION 2(a)(2) to read "Departing from
or returning to a vehicle which he or she has parked in the
Parking Structure;" and remove SECTION 2(a)(4) and the first
sentence of SECTION 2(b), reading by title only and waiving
further reading thereof. Second by Councilmember Rosenstein.
Council asked questions of staff. Discussion was held.
Councilmember Greenberg moved to amend the motion to return
SECTION 2(a)(4) and correct a typographical error in SECTION
1(d) correcting the word "unanticipated" to the word
"anticipated." Second by Mayor Pro Tempore V zquez. The
portion of the amendment with regard to the typographical error
was accepted as friendly; however, the remainder of the
amendment was not. Discussion was held. The amendment failed
by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Greenberg,
V zquez, Mayor Abdo
Negative: Councilmembers Genser, Holbrook, Olsen,
Rosenstein
Discussion was held. The main motion, as amended, was approved
by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein
Negative: Councilmember V zquez, Mayor Abdo
Councilmember Rosenstein moved to ask staff to examine the need
for a similar ordinance for the City-owned structures at Santa
Monica Place and the beach parking lots. Second by
Councilmember Greenberg. Discussion was held. The motion was
unanimously approved.
By Council consent, Items "13" and "14" would be considered
next, followed by anyone wishing to speak on Item No. 9-A,
after which, Council would adjourn to Closed Session.
9-A: CONTRACT/AMERICAN WASTE INDUSTRIES/WASTE PAPER
COLLECTION: Heard after Item No. 13-B.
Staff Report
9-B: CLOSED SESSION: Held at end of meeting.
12-A: MEMORANDUM OF UNDERSTANDING/LEGAL SUPPORT STAFF
ASSOCIATION: To be considered in Closed Session.
13-A: ELIZABETH HOAG/U.S. CONSTITUTION DAY PARADE: Presented
was the request of Elizabeth Hoag, Chair of the U. S.
Constitution Day Parade, to address Council regarding the
parade for 1995. Member of the public Ron Pickard urged
Council to act promptly with regard to the parade issue. Mayor
Abdo moved to ask staff to move the request for the
Constitution Day Parade along expeditiously, to settle on a
date as early as possible, and work through other details in a
timely fashion. Second by Councilmember Genser. The motion
was unanimously approved.
13-B: BRADLEY TABACH-BANK/LIMITATION ON NUMBER OF PAWNBROKERS:
Presented was the request of Bradley Tabach-Bank to address
Council regarding amending Santa Monica Municipal Code Section
6.24.410 which limits the number of pawnbrokers in Santa
Monica. Council asked questions of Mr. Tabach-Bank. Members
of the public Melvin Greenstein, Earl Williams, James Cole, Sam
Lukich, Herb Schiff, and Hoppy Mehterian spoke in support of
increasing the number of pawnbrokers permitted in the City of
Santa Monica in order that Ace Jewelry & Loan be allowed to
remain in business. Discussion was held. Councilmember
Rosenstein moved to direct staff to return promptly with an
evaluation of alternatives for allowing Ace Jewelry & Loan,
Inc. to remain in business and in undertaking that endeavor
consider the interests of anyone else who may be effected.
Second by Councilmember Greenberg. The motion was unanimously
approved.
9-A: CONTRACT/AMERICAN WASTE INDUSTRIES/WASTE PAPER
COLLECTION: Member of the public Samuel Perdomo voiced his
dissatisfaction with the manner in which the evaluations of
businesses reviewed for waste paper collection were conducted.
The remainder of this item to authorize the City Manager to
negotiate and execute a contract with American Waste
Industries, Inc. for provision of commercial/ industrial and
multi-family mixed waste paper collection and appropriation of
$110,441 was continued to the meeting of October 25, 1994.
Staff Report
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 Ernie Powell. There being no further
nominations, nominations were closed. Mayor Abdo moved to
appoint Ernie Powell by acclamation to the Convention and
Visitors Bureau for a term ending June 30, 1995. The motion
was duly seconded and unanimously approved.
Annual appointments of members to Boards and Commissions and
unscheduled appointments to the Arts Commission, Commission on
Older Americans, and Pier Restoration Corporation was continued
to the meeting of October 25, 1994.
14-B: AUTHORIZATION TO PUBLISH A NOTICE OF VACANCY/
APPOINTMENTS/METROPOLITAN WATER DISTRICT BOARD OF DIRECTORS:
Mayor Abdo moved to authorize the City Clerk to publish a
Notice of Vacancy for an appointment to the Metropolitan Water
District Board of Directors. Second by Councilmember
Greenberg. The motion was unanimously approved.
14-C: FEDERAL CRIME BILL: The request of Councilmember Olsen
to discuss directing staff to analyze the recent Federal Crime
Bill to determine the level of public safety aid to Santa
Monica was continued to the meeting of October 18, 1994.
14-D: ENFORCEMENT OF ORDINANCE BANNING CIGARETTE VENDING
MACHINES: Presented was the request of Councilmember Olsen to
direct staff to proceed with enforcement of Ordinance No.
1569(CCS) banning cigarette vending machines. Members of the
public Jerry Rubin, Ruby Blevins, Paul Lehman, and Trisha Roth
spoke in support of the enforcement of the ordinance banning
cigarette vending machines. Councilmember Olsen moved to ask
staff to re-activate Ordinance No. 1569(CCS) and implement
whatever procedure necessary to notify people who have vending
machines in the City that cigarette vending machines are no
longer legal in the City of Santa Monica. Second by
Councilmember Greenberg. Councilmember Genser moved to amend
the motion to ask staff to return with an information item as
to how this will work. The motion was accepted as friendly.
Mayor Abdo moved to amend the motion to look at the enforcement
of single cigarette sales. The motion was accepted as
friendly. The motion, as amended, was unanimously approved..
14-E: LINCOLN PARK REDEVELOPMENT PLAN AND CONSTRUCTION: The
request of Councilmember Olsen to discuss Lincoln Park
redevelopment plan and construction was continued to the
meeting of October 18, 1994.
14-F: CURRENT POLICY/REMOVAL OF TREES FROM PUBLIC PROPERTY:
Presented was the request of Mayor Abdo to discuss the current
policy on the removal of trees from public property effective
until a new tree ordinance is adopted in December. Members of
the public Marshall Siskin, Ruby Blevins, and Paul Lehman spoke
in support of the removal of trees which are removed because
they are a safety hazard. Member of the public Jim Sullivan
spoke in opposition to the unnecessary removal of the palm tree
from the Main Street Community Gardens. Member of the public
Susan Henderson spoke in support of the interim ordinance.
Discussion was held.
14-G: BIAS AMENDMENTS: Presented was the request of Mayor
Abdo to discuss adoption of a resolution calling upon
California delegates to Congress to defeat and remove all bias
amendments attached to federal legislation. Mayor Abdo moved
to adopt Resolution No. 8826(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING UPON THE
U.S. CONGRESS, AND PARTICULARLY THE CALIFORNIA DELEGATION, TO
TAKE A LEAD IN THE DEFEAT AND REMOVAL OF ALL BIAS AMENDMENTS
ATTACHED TO ALL FEDERAL LEGISLATION," reading by title only and
waiving further reading thereof. Second by Councilmember
Rosenstein. Discussion was held. The motion was unanimously
approved.
14-H: PARK FEEDING: Presented was the request of
Councilmembers Olsen, Genser, and Rosenstein to agendize the
park feeding ordinance for public hearing and Council action
for Tuesday, October 18, 1994. Members of the public Paul
Lehman and Ruby Blevins spoke in support of considering the
park feeding program as soon as possible. Member of the public
Jerry Rubin spoke in support of considering the park feeding
program at the meeting of October 25, 1994. Councilmember
Olsen moved to agendize the park feeding ordinance for public
hearing and Council action on Tuesday, October 18, 1994.
Second by Councilmember Greenberg. The motion was unanimously
approved.
15: PUBLIC INPUT: Member of the public Jerry Rubin discussed
an incident which happened on KFI radio on July 9th with regard
to a radio speaker discussing the extermination of homeless
people. Member of the public Trisha Roth discussed the need
for input from public health with regard to plan checks and
issues dealing with the public health.
CLOSED SESSION: At 11:46 P.M., Council adjourned to Closed
Session for a conference with labor negotiator:
1. City Negotiator: Karen Bancroft, Personnel Director
Employee Organization: Legal Support Staff
Association of Santa Monica (LSSASM).
At 12:05 A.M., Council reconvened with all members present.
12-A: MEMORANDUM OF UNDERSTANDING/LEGAL SUPPORT STAFF
ASSOCIATION OF SANTA MONICA: Councilmember Holbrook moved to
adopt Resolution No. 8825(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE LEGAL
SUPPORT STAFF ASSOCIATION OF SANTA MONICA," 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 Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
ADJOURNMENT: At 12:06 A.M., the meeting was adjourned to
Tuesday, October 18, 1994, at 6:30 P.M.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor