CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 25, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:45 P.M. on Tuesday, October 25,
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 7:25 P.M.)
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
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.
Councilmember Greenberg moved to add Item No. 6-K to the
Consent Calendar. Second by Councilmember Rosenstein. The
motion was unanimously approved, Councilmember Holbrook absent.
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 Greenberg moved to approve the Consent Calendar,
with the exception of Item Nos. 6-E, 6-F, and 6-K, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Mayor Pro Tempore Vazquez. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City Council minutes of October 5
and 11, 1994, were approved as presented.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8827(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: UPGRADING AND MODERNIZATION OF TRAFFIC SIGNALS/WILSHIRE
BOULEVARD: Resolution No. 8828(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING
SUPPLEMENT NO. 14 REVISION 2 TO LOCAL AGENCY/STATE AGREEMENT
NO. 07-5107 FOR FEDERAL FUNDS FOR THE UPGRADING AND
MODERNIZATION OF TRAFFIC SIGNALS ON WILSHIRE BOULEVARD," was
adopted.
Staff Report
6-D: SALARY RATES/NEW CLASSIFICATIONS/PERMIT AND PROJECT
ANALYST/ENVIRONMENTAL PROGRAMS ANALYST-RESOURCE EFFICIENCY/
ENVIRONMENTAL PROGRAMS ANALYST-HAZARDOUS MATERIALS MANAGEMENT:
Resolution No. 8829(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR
THE NEW CLASSIFICATIONS OF PERMIT AND PROJECT ANALYST,
ENVIRONMENTAL PROGRAMS ANALYST - RESOURCE EFFICIENCY,
ENVIRONMENTAL PROGRAMS ANALYST - HAZARDOUS MATERIALS
MANAGEMENT," was adopted.
Staff Report
6-G: AWARD OF CONTRACT/STRIPING AND SIGNING
MODIFICATIONS/MONTANA AVENUE/OCEAN PARK BOULEVARD: Contract
No. 7103(CCS) was awarded to Sterndahl Enterprises, Inc., in
the amount of $44,638, for the installation of striping and
signing modifications along Montana Avenue from 7th Street to
21st Street; Ocean Park Boulevard from Barnard Way to Lincoln
Boulevard; and the City Traffic Engineer was authorized to
issue any change orders necessary to complete additional work
to the extent of funds available in accordance with the
Administrative Instruction on Change Orders.
Staff Report
6-H: IRRIGATION EFFICIENCY PARTNERSHIP PROGRAM/U.S. BUREAU OF
RECLAMATION/METROPOLITAN WATER DISTRICT: Contract No.
7104(CCS) was awarded to the U.S. Bureau of Reclamation and the
Metropolitan Water District of Southern California in the
amount of $497,196 for the Irrigation Efficiency Partnership
Program.
Staff Report
6-I: EARTHQUAKE PROJECT BUDGET/TECHNICAL BUDGET ADJUSTMENT:
The earthquake budget for 1993-94 and a technical budget
adjustment were approved.
Staff Report
6-J: CONTRACT/WILLDAN ASSOCIATES/MANAGEMENT/MULTIFAMILY
EARTHQUAKE REPAIR LOAN PROGRAM: Contract No. 7105(CCS) was
awarded to Willdan Associates at a cost not to exceed $206,400
to provide staffing to assist with the management of the
Multifamily Earthquake Repair Loan Program.
Staff Report
END OF CONSENT CALENDAR
6-E: CURFEW ORDINANCE: Council asked questions of staff.
Councilmember Olsen moved to direct the City Attorney's Office
to draft an ordinance extending SMMC Section 4.08.370
indefinitely. Second by Councilmember Greenberg. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Greenberg, Genser
Negative: Mayor Abdo
Abstain: Councilmember Vazquez
Absent: Councilmember Holbrook
6-F: PURCHASE OF DIGITAL TELEPHONE SWITCH: Presented was the
staff report recommending authorization for the City Manager to
negotiate and execute a contract with PacTel Meridian for the
purchase of a Northern Telecom Option 61C digital switch and
appropriation of $51,867 from General Fund reserves.
Councilmember Olsen moved to award Contract No. 7102(CCS) to
PacTel Meridian in the amount of $51,867 for the purchase of a
Northern Telecom Option 61C digital switch. Second by
Councilmember Greenberg. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Holbrook
6-K: CANCELLATION OF REGULAR CITY COUNCIL MEETING/NOVEMBER 8,
1994: Discussion was held. Councilmember Greenberg moved to
cancel the regular City Council meeting scheduled for November
8, 1994 due to the holding of a General Municipal Election on
that date. Second by Councilmember Rosenstein. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Greenberg, Mayor Abdo
Negative: Councilmember Olsen
Abstain: Councilmember Genser
Absent: Councilmember Holbrook
8-A: APPLICATION OF HEALTH AND SAFETY STANDARDS/SERVICE OF
MEALS TO THE PUBLIC WITHOUT CHARGE: Presented was an ordinance
for second reading and adoption relating to the application of
health and safety standards to the service of meals to the
public without charge. Councilmember Genser moved to adopt
Ordinance No. 1773(CCS) entitled: "ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA RELATING TO THE APPLICATION
OF HEALTH AND SAFETY STANDARDS TO THE SERVICE OF MEALS TO THE
PUBLIC WITHOUT CHARGE," reading by title only and waiving
further reading thereof. Second by Councilmember Greenberg.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Olsen, Rosenstein, Vazquez
Negative: Mayor Abdo
Absent: Councilmember Holbrook
8-B: CLOSURE/CITY-OWNED PORTIONS OF CIVIC CENTER GROUNDS:
Presented was an ordinance for introduction and first reading
adding Section 4.08.094 to the Santa Monica Municipal Code
closing specified, City-owned portions of the Civic Center
grounds during late night hours. Councilmember Holbrook
reported present at 7:25 P.M. Council asked questions of
staff. At 7:50 P.M., Mayor Abdo declared the public hearing
open. Members of the public Jerry Rubin, Ron Taylor, Norman
Colbert, and Len Doucette spoke in opposition to the proposed
ordinance. Members of the public Joy Fullmer and Ruth Stemock
expressed their concerns. Mayor Abdo closed the public hearing
at 8:15 P.M. Discussion was held. Councilmember Greenberg
moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 4.08.094 TO THE MUNICIPAL CODE CLOSING SPECIFIED
CITY-OWNED PORTIONS OF THE CIVIC CENTER GROUNDS DURING LATE
NIGHT HOURS," with the modification that staff redefine the
areas covered to be bounded by Main Street on the west, Pico
Boulevard on the south, Colorado Boulevard on the north, and to
exclude the police station, and to include wording excluding
people who may be working on the Civic Auditorium who may need
to remain at the site after 2:00 A.M. (if staff deems it
appropriate). Second by Councilmember Olsen. Discussion was
held. Councilmember Greenberg moved to amend her motion to
make the northerly border to the Santa Monica Freeway. The
motion was accepted as friendly. Discussion was held.
Staff Report
Councilmember Rosenstein moved to continue Item No. 8-D to the
meeting of November 15, 1994, and hear members of the public
this evening who are not able to return on that date.
Discussion was held. Councilmember Rosenstein moved to amend
his motion to also hear the staff report and conduct some
questioning of staff this evening. Second by Councilmember
Olsen. Discussion was held. Councilmember Genser moved to
amend the motion to request staff to amend the title of the
ordinance so as to include outdoor dining. Council asked
questions of staff. The motion was accepted as friendly.
Council asked questions of staff. Discussion was held.
Councilmember Rosenstein moved to amend his motion to only hear
members of the public this evening who cannot return on
November 15th, but continue the entire matter until November
15th (no staff report and no Council questions) when staff will
prepare a new notice for that meeting and present the same
ordinance and alert the public that there may be some
amendments to the ordinance pertaining to outdoor dining areas.
The motion was accepted as friendly. Discussion was held. The
motion was unanimously approved.
At 9:10 P.M., Council adjourned for a short recess. Council
reconvened at 9:45 P.M. with all members present.
8-B: CLOSURE/CITY-OWNED PORTIONS OF CIVIC CENTER GROUNDS
(RESUMED): Council asked questions of staff. City Attorney
Moutrie read the amendments to the ordinance as follows: title
amended to read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 4.08.094 TO THE MUNICIPAL CODE
CLOSING THE CIVIC CENTER GROUNDS DURING LATE NIGHT HOURS;"
findings amended to read:
Staff Report
"WHEREAS, the Civic Center of the City of Santa Monica
consists of the area bounded by Main Street, Pico Boulevard,
4th Street, and the Santa Monica Freeway;
"WHEREAS, portions of the Civic Center are presently
being used by members of the public during all hours of the
night for resting and sleeping;
"WHEREAS, the public buildings within the Civic Center
are closed during late night hours and are not accessible to
the public during such hours, except for the Santa Monica
Police Department, which is accessible through its own,
separate entrance to City Hall at all times;
"WHEREAS, the Civic Center area is neither intended nor
suitable for all-night usage by the public because, among other
things, adequate rest room facilities are not available when
the buildings within the Civic Center are closed and the Civic
Center is not uniformly well lighted;
"WHEREAS, the public health, safety and welfare will be
served by closing the Civic Center for a limited time period
during late nighttime hours when public buildings there are
closed;
"WHEREAS, a closure of the Civic Center during late
night hours will not significantly impair the ability of
individuals or groups to petition or express their views to
their government because governmental offices are closed during
those hours and because nearby sidewalks will remain open to
the public at all times;
The title of Section 4.08.094 amended to read: "Closure of
Civic Center Groups;"
Section 4.08.094(a) amended to read: "Between the hours of
2:00 a.m. and 6 a.m., no person shall enter, remain or be
present in or upon the Santa Monica Civic Center which is the
area bounded by Main Street, Pico Boulevard, 4th Street, and
the Santa Monica Freeway."
Section 4.08.094(b) amended to read: "This section shall not
apply to persons whose presence is authorized by either the
City of Santa Monica or the County of Los Angeles, is in
conjunction with an activity that is authorized or permitted by
the City of Santa Monica or the County of Los Angeles, or is in
conjunction with gaining ingress to or egress from the Santa
Monica Police Department."
Section 4.08.094(c) amended to read: "This section does not
prohibit anyone from being present at any time on a sidewalk
adjacent to any public street."
Council asked questions of staff. Discussion was held. The
motion, as amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg
Negative: Councilmembers Vazquez, Genser, Mayor Abdo
8-C: FLOOR AREA INCENTIVES FOR GROCERY STORES: Presented was
an ordinance for introduction and first reading amending Santa
Monica Municipal Code Article IX to provide floor area
incentives for grocery stores in the BCD, C2, C4, and C6
districts. Council asked questions of staff. At 10:00 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 10:01 P.M. Councilmember Genser moved to
approve the proposed text amendment and introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING
ORDINANCE TO PROVIDE FLOOR AREA INCENTIVES FOR GROCERY STORES,"
amended to stipulate that the FAR bonus will be allowed if at
least thirty percent of the project is residential, or if at
least eighty percent of the project is a grocery store, reading
by title only and waiving further reading thereof, with the
following findings: a) The proposed amendment is consistent in
principle with the goals, objectives, policies, land uses, and
programs specified in the adopted General Plan in that Land Use
Element Objective 1.7 calls for the protection and expansion of
uses that provide for the day-to-day shopping and service needs
of nearby residents; grocery stores are such uses. In
addition, Policy 1.7.4 calls for the retention of existing
full-service supermarkets; this text amendment would assist in
such retention by facilitating additions to existing stores.
Further, Policy 1.7.5 encourages the development of full-
service supermarkets in areas not currently served; this
revision would further that policy. Policy 1.7.6 calls for the
retention of existing grocery and food markets, and policy
1.7.7 encourages the development of grocery stores within a
five- to ten-minute walking distance of areas not currently
served; this text amendment would help achieve these policies.
Finally, the FARs that would be permitted for grocery stores
under this text amendment would still be less than the FARs
contemplated in the Land Use Element for the relevant
districts; b) The public health, safety, and general welfare
require the adoption of the proposed amendment in that grocery
stores are a critical use in the day-to-day life of the
community, and implementing policies to encourage their
retention, expansion, and development would further the general
welfare of the city. Second by Councilmember Greenberg. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez, Mayor Abdo
8-D: PROHIBITION OF SMOKING: Ordinance for introduction and
first reading amending Sections 4.44.010-.060 of the Santa
Monica Municipal Code prohibiting smoking in indoor places of
employment, bars, restaurants, hotel and motel lobby areas,
meeting and banquet rooms, warehouses, gaming clubs, and
employee breakrooms. At 10:05 P.M., Mayor Abdo declared the
public hearing open. Members of the public Trisha Roth,
William McCarthy, Mitchell Nides, and Dave Quail spoke in
support of the proposed ordinance. Member of the public Joy
Fullmer expressed her concerns. The public hearing and
remainder of this item were continued to the meeting of
November 15, 1994.
Staff Report
9-A: CONTRACT/AMERICAN WASTE INDUSTRIES/MIXED WASTE PAPER
COLLECTION: Presented was the staff report recommending
authorization to 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 for staff expenses.
Council asked questions of staff. Member of the public Joy
Fullmer expressed her concerns. Member of the public Jim
Dodenhoff raised questions with regard to the RFP. Council
asked questions of staff. Councilmember Olsen moved to award
Contract No. 7106(CCS) to American Waste Industries for
provision of commercial/industrial and multi-family mixed waste
paper collection and marketing services for the period January
1, 1995 to December 31, 1997, and appropriate $110,441 from the
Refuse Fund Balance for expansion of public education and
outreach, monitoring, inspection, and regulatory enforcement
efforts. Second by Mayor Abdo. Council asked questions of
staff. Discussion was held. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez, Mayor Abdo
9-B: CLOSED SESSION: Not held; however, City Attorney Moutrie
announced that in the case of James Bell v. State of
California, City of Santa Monica, BC 052215, the jury returned
a verdict today which was against the plaintiff and in favor of
the City and the police officers.
12-A: MEMORANDA OF UNDERSTANDING/SANTA MONICA FIREFIGHTERS
ASSOCIATION/SANTA MONICA POLICE OFFICERS ASSOCIATION: The
resolution authorizing the City Manager to execute Memoranda of
Understanding with the Santa Monica Firefighters Association
(SMFFA) and Santa Monica Police Officers Association (SMPOA)
was continued to the meeting of November 15, 1994.
Mayor Abdo moved to extend the meeting to 11:30 P.M. Second by
Councilmember Genser. The motion was unanimously approved.
14-A: APPOINTMENTS OF MEMBERS/BOARDS AND COMMISSIONS: Mayor
Abdo announced that the floor would consider nominations to
fill vacancies of members to the Commission on Older Americans.
Mayor Abdo nominated Virginia Sasse for the 1998 position and
Irvin Edelstein for the 1997 position. There being no further
nominations, nominations were closed. Mayor Abdo moved to
appoint Virginia Sasse and Irvin Edelstein by acclamation to
the Commission on Older Americans for terms ending June 30,
1998 and June 30, 1997, respectively. The motion was duly
seconded and unanimously approved.
Mayor Abdo announced that the floor would consider nominations
to fill the vacancy of a member to the Los Angeles West Vector
Control District. Mayor Abdo nominated Karl Arnold.
Councilmember Rosenstein moved to appoint Karl Arnold by
acclamation to the Los Angeles West Vector Control District for
a term ending October 18, 1998. The motion was duly seconded
and unanimously approved.
Mayor Abdo announced that the floor would consider nominations
to fill a vacancy in the Recreation & Parks Commission.
Councilmember Greenberg nominated Steven Mount. Mayor Abdo
moved to appoint Steven Mount to the Recreation & Parks
Commission for a term ending June 30, 1998. The motion was
duly seconded and unanimously approved.
Appointments to Arts Commission, Bayside District Corporation,
Pier Restoration Corporation, and Recreation & Parks Commission
were continued to the meeting of November 15, 1994.
14-B: PUBLIC APOLOGY/KFI RADIO STATION: Presented was the
request of Mayor Pro Tempore Vazquez to discuss calling for a
public apology from KFI radio station concerning a public
statement made on their airwaves regarding homeless people.
Members of the public Jerry Rubin and Ron Taylor spoke in
support of calling for a public apology from KFI radio.
Councilmember Rosenstein was excused from the meeting at 11:20
P.M. Discussion was held. Mayor Pro Tempore V zquez moved to
have a letter prepared asking for a formal apology from radio
station KFI, investigate the possibility of filing a complaint
with the FCC, and encourage staff to share resources to educate
the public on the issue of racism. Mayor Abdo moved to amend
the motion to have the letter sent to other cities in the
County of Los Angeles as well as other elected officials of the
state and federal government. The motion was accepted as
friendly. Discussion was held. Second by Councilmember Olsen.
The motion was unanimously approved, Councilmember Rosenstein
absent.
Councilmember Genser moved to extend the meeting to 11:45 p.m.
Second by Councilmember Olsen. The motion was unanimously
approved, Councilmember Rosenstein absent.
14-C: DEVELOPMENT/SANTA MONICA AIRPORT: Presented was the
request of Councilmember Genser to discuss directing staff to
prohibit, restrict, or control all development at the Santa
Monica Airport until appropriate limits and/or procedures are
established. Councilmember Genser moved to ask staff to return
with a report with regard to proposed development at the
airport and coordinate this information with what Council has
already directed with regard to procedures and place a freeze
on all development until a clarification can be made as to how
to proceed in both the short and long term. Second by
Councilmember Olsen. Council asked questions of Councilmember
Genser. Discussion was held. Councilmember Greenberg was
excused from the meeting at 11:40 p.m. The motion was
unanimously approved, Councilmembers Greenberg and Rosenstein
absent.
15: PUBLIC INPUT: Member of the public Art Casillas reported
on crime. Member of the public Ron Taylor discussed
misconceptions and reporting of misstatements and discussed the
problems of homelessness.
Councilmember Holbrook was excused from the meeting at 11:45
p.m.
ADJOURNMENT: At 11:47 p.m., the meeting was adjourned to
Closed Session on November 1, 1994 at 6:00 p.m., in memory of
Raul Julia.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor