CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 15, 1994
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Abdo at 6:46 P.M. on Tuesday, November
15, 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 7:15 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.
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-I, 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, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City Council minutes of October
18, 1994, were approved as presented.
6-B: FLOOR AREA INCENTIVES/GROCERY STORES: Ordinance No.
1774(CCS) 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," was adopted on
second reading, thereby providing floor area incentives for
grocery stores in the BCD, C2, C4 and C6 districts.
Staff Report
6-C: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8830(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-D: FINAL SUBDIVISION MAP/TRACT NO. 51342/TPC-237/121-125
STRAND STREET: Resolution No. 8831(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
51342 AT 121-125 STRAND STREET," was adopted, thereby approving
a 15-unit tenant-participating conversion project at 121-125
Strand Street.
Staff Report
6-E: LEASE/PURCHASE FINANCING/UNICLOR 2400 CHLORINE GENERATION
SYSTEM: The recommendation to reject all bids to provide
lease/purchase financing of a Uniclor 2400 Chlorine Generation
System for the Parks and Sports Division, Community and
Cultural Services Department (Bid No. 2508) and the
appropriation of $50,200 for the purchase of the system was
approved.
Staff Report
6-F: CURBSIDE RECYCLING CONTAINERS: Bid No. 2510 was awarded
to Rehrig Pacific Corporation at specified unit prices to
furnish and deliver curbside recycling containers for the
Recycling Division, Environmental and Public Works Management
Department.
Staff Report
6-G: DONATION OF SURPLUS FIRE DEPARTMENT VEHICLE/VOLUNTEER
FIRE DEPARTMENT OF MAZATLAN: Contract No. 7107(CCS) was
approved with the Volunteer Fire Department of Mazatlan,
Sinaloa, Mexico, for the donation of a surplus Fire Department
vehicle.
Staff Report
6-H: CANCELLATION/COUNCIL MEETING/DECEMBER 27, 1994: The
recommendation to cancel the regular City Council meeting of
December 27, 1994, was approved.
Staff Report
END OF CONSENT CALENDAR
6-I: AMENDMENT TO LEASE/BRIAN VIDOR/TYPHOON RESTAURANT:
Council asked questions of staff. Discussion was held.
Councilmember Genser moved to refer the recommendation to
authorize the City Manager to negotiate and execute an
amendment to Lease No. 5418(CCS) with Brian Vidor for the
Typhoon Restaurant space to the Airport Commission for a
recommendation. Second by Councilmember Rosenstein.
Discussion was held. The motion was unanimously approved,
Councilmember Holbrook absent.
Staff Report
8-A: CLOSURE OF CIVIC CENTER GROUNDS/LATE NIGHT HOURS:
Presented was an ordinance for second reading and adoption
adding Section 4.08.094 to the Santa Monica Municipal Code
closing the Civic Center grounds during late night hours.
Councilmember Olsen moved to continue this item to the meeting
of December 13, 1994. Second by Councilmember Greenberg.
Discussion was held. The motion was unanimously approved,
Councilmember Holbrook absent.
Staff Report
8-B: PAWNBROKERS: Presented was an ordinance for introduction
and first reading amending Santa Monica Municipal Code Section
6.24.410 regarding pawnbrokers. Council asked questions of
staff. At 7:09 P.M., Mayor Abdo declared the public hearing
open. Member of the public Angelo Garzieri spoke in opposition
to increasing the number of pawnshops. Member of the public
Joy Fullmer expressed her concerns. Mayor Abdo closed the
public hearing at 7:13 P.M. Councilmember Holbrook reported
present at 7:15 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 MUNICIPAL
CODE SECTION 6.24.410 REGARDING PAWNBROKERS," reading by title
only and waiving further reading thereof. 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, Greenberg,
Genser, Mayor Abdo
Abstain: Councilmember Holbrook
Councilmember Rosenstein moved to direct the City Attorney to
prepare an interim ordinance to implement a moratorium
regarding pawnshops in the Bayside District until the
resolution of the Bayside Specific Plan. Second by Mayor Pro
Tempore V zquez. Discussion was held. The motion was
unanimously approved.
8-C: JUVENILE CURFEW: Presented was an ordinance for
introduction and first reading amending Ordinance No. 1696(CCS)
establishing a juvenile curfew ordinance to delete Section 7,
the sunset clause. Council asked questions of staff. At 7:21
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 7:22 P.M. Councilmember
Rosenstein moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ORDINANCE NUMBER 1696(CCS) ESTABLISHING A
JUVENILE CURFEW, TO DELETE SECTION 7, THE SUNSET CLAUSE,"
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 Genser, Greenberg,
Holbrook, Olsen, Rosenstein
Negative: Councilmember V zquez, Mayor Abdo
8-D: INTERIM DEVELOPMENT STANDARDS/M1 AND C5 DISTRICTS:
Presented was an ordinance for introduction and first reading
establishing interim development standards for portions of the
M1 and C5 Districts located north of the Santa Monica Freeway
and east of Nineteenth Court Alley. At 7:25 P.M., Mayor Abdo
declared the public hearing open. There being no one wishing
to speak, Mayor Abdo closed the public hearing. Mayor Pro
Tempore V zquez moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS
FOR PORTIONS OF THE CITY LOCATED IN SELECTED AREAS OF THE M1
AND C5 DISTRICTS," reading by title only and waiving further
reading thereof. Second by Mayor Abdo. Discussion was held.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Holbrook, Genser, Mayor Abdo
Negative: Councilmember Greenberg
Abstain: Councilmember Rosenstein
By virtue of the above action, the existing interim ordinance
was extended to June 10, 1995.
8-E: PROHIBITION OF SMOKING: Presented was an 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; and consideration of the
prohibition of smoking in outdoor dining areas. Council asked
questions of staff. At 8:10 P.M., Mayor Abdo declared the
public hearing open. Members of the public Jean Wyner, Bill
Worcester, Michael Dunne, Rafael Igoa, Doris Vecchia, Jay
Fiondella, Barbara Moss, Armando Lopez, Mona Salinas, Ron
Sheets, Mark Redick, Kim Schnell, and Murray Gould spoke in
opposition to the proposed ordinance. Member of the public
Jerry Rubin spoke in support of the proposed ordinance. Member
of the public Joy Fullmer expressed her concerns.
Staff Report
At 8:59 P.M., Council adjourned for a short recess. Council
reconvened at 9:26 P.M. with all members present.
8-E: PROHIBITION OF SMOKING (RESUMED): Members of the public
Tony Palermo, Louise Gardner, Mark Ehrli, Robert Wasserman,
Owen Hicks, Roger Renick, Wess Hooker, Zevin Clark, Don
Ferguson, June Henry, Philip Cumming, Angus Beavers, Arich
Berghammer, Rita Kitts, Herb Astrow, Jeff King, Renee Forrest,
Gerald Breitbart, Lance Coralez, Greg Lee, Andrew Nakano, and
James Verboort spoke in opposition to the proposed ordinance.
Members of the public Pamela Rowan, Alan Zovar, Ken Ward,
Esther Schiller, Brad Swanson, and Peter Pelikan spoke in
support of the proposed ordinance. Councilmember Greenberg
moved to hear a late speaker. The motion was duly seconded and
unanimously approved. Member of the public Ron Cano spoke in
opposition to the proposed ordinance. Mayor Abdo moved to
extend the meeting to 11:45 P.M. Second by Councilmember
Genser. The motion failed with Councilmembers Greenberg,
Holbrook and Rosenstein voting "no." Mayor Abdo moved to
extend the meeting to 11:30 P.M. Second by Councilmember
Genser. The motion was unanimously approved. Mayor Abdo
closed the public hearing at 11:05 P.M. Council concurred.
The remainder of this item will be heard at the meeting of
November 22, 1994.
Staff Report
9-A: PREPARATION OF AN ORDINANCE ESTABLISHING PROCEDURES FOR
REVIEW OF IMPROVEMENTS/SANTA MONICA AIRPORT: The
recommendation to direct the City Attorney to prepare an
ordinance establishing procedures for review of improvements at
the Santa Monica Airport was continued to the meeting of
November 22, 1994.
Staff Report
9-B: CLOSED SESSION: Held at end of meeting.
12-A: RESOLUTIONS/MOU/FIREFIGHTERS/POLICE/ADMINISTRATIVE
TEAM/EXECUTIVE PAY PLAN: Resolutions authorizing the City
Manager to execute Memorandum of Understanding with the Santa
Monica Firefighters Association (SMFFA), Santa Monica Police
Officers Association (SMPOA), and Administrative Team
Association, and the amendment to the Executive Pay Plan was
considered after Closed Session.
14-A: APPOINTMENTS OF MEMBERS/BOARDS AND COMMISSIONS: Mayor
Abdo announced that the floor would consider nominations to
fill a vacancy of a member to the Metropolitan Water District
Board of Directors. Mayor Abdo nominated Christine Reed as the
representative and Bob Gottlieb as the alternate. There being
no further nominations, nominations were closed. Christine
Reed (representative) and Bob Gottlieb (alternate) were
appointed by acclamation to the Metropolitan Water District
Board of Directors for a term ending December 31, 1998.
Appointments of members to the Bayside District Corporation,
Pier Restoration Corporation, Recreation & Parks Commission,
and Arts Commission were continued to the meeting of November
22, 1994.
14-B: COMMISSIONER EMERITUS/COMMISSION ON OLDER AMERICANS:
Presented was the request of Mayor Abdo to discuss a
recommendation to appoint Dan Cohen as Commissioner Emeritus on
the Commission on Older Americans. Mayor Abdo moved to appoint
Dan Cohen as Commissioner Emeritus on the Commission on Older
Americans. By acclamation, Dan Cohen was appointed as
Commissioner Emeritus on the Commission on Older Americans.
The motion was duly seconded and unanimously approved.
14-C: COMPENSATION ADJUSTMENTS: The request of Mayor Abdo to
approve compensation adjustments for City Manager pursuant to
Section 1(c) of Contract No. 5275(CCS), in order to provide a
standard City cost of living increase as provided to other City
employees, was considered after Closed Session.
14-D: CONDITION OF PALISADES PARK HILLSIDE/GRAFFITI ON MONTANA
STAIRS/SANTA MONICA BUSINESS DISTRICT SIGN: The request of
Councilmember Olsen to discuss the condition of the Palisades
Park hillside and the graffiti on the Montana stairs and Santa
Monica Business District sign was continued to the meeting of
November 22, 1994.
14-E: RESPONSE TO PASSAGE OF PROPOSITION 187: The request of
Mayor Abdo to discuss the City Council's response to the
passage of Proposition 187 was continued to the meeting of
November 22, 1994.
15: PUBLIC INPUT: Member of the public Art Casillas reported
on crime.
Mayor Abdo announced that the City will be receiving $25
million in earthquake recovery funds.
9-B: CLOSED SESSION: At 11:13 P.M., Council adjourned to
Closed Session for conference as follows:
Conference with Legal Counsel:
Existing Litigation:
1. Judy Cipriano v. City of Santa Monica, LASC Case
No. 029625;
2. Arnold v. City of Santa Monica, LASC Case No. SC
000775;
3. Washington v. City of Santa Monica, USDC Case
No. CV 921884; and
Anticipated Litigation:
One case.
Conference with Labor Negotiator:
1. City Negotiator: Karen Bancroft, Personnel
Director.
Employee Organizations: Santa Monica Firefighters
Association (SMFFA)
Santa Monica Police Officers
Association (SMPOA)
Administrative Team Association
(ATA)
Executive Pay Plan
Public Employee Evaluation:
Title: City Manager
At 11:45 P.M., Council reconvened, with Councilmember Greenberg
and Mayor Pro Tempore V zquez absent.
Councilmember Holbrook moved to approve settlement in the case
of Arnold v. City of Santa Monica in the amount of $47,500.
Second by Councilmember Genser. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein, Mayor Abdo
Absent: Councilmembers Greenberg, V zquez
City Attorney Moutrie announced that no action was taken on the
one item of anticipated litigation and the other two cases as
listed on the agenda for this evening were not discussed.
14-C: COMPENSATION ADJUSTMENTS/CITY MANAGER: Mayor Abdo moved
that, pursuant to Section 1(c) of the City Manager's employment
agreement No. 5275(CCS), and the same increase be granted as
other City employees have received, that being, 4% effective
July 1, 1992, and 3% effective July 1, 1994. Second by
Councilmember Genser. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein, Mayor Abdo
Absent: Councilmembers Greenberg, V zquez
12-A: RESOLUTIONS/MOU/FIREFIGHTERS/POLICE/ADMINISTRATIVE
TEAM/EXECUTIVE PAY PLAN: Councilmember Holbrook moved to adopt
Resolution No. 8832(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 SANTA
MONICA FIREFIGHTERS LOCAL 1109, IAFF;" Resolution No. 8833(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE
MODIFICATIONS TO THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA
MONICA POLICE OFFICERS ASSOCIATION;" Resolution No. 8834(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 ADMINISTRATIVE TEAM
ASSOCIATES;" and Resolution No. 8835(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE EXECUTIVE PAY PLAN," reading by title only and
waiving further reading thereof. Second by Councilmember
Rosenstein. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Genser, Mayor Abdo
Absent: Councilmembers Greenberg, V zquez
ADJOURNMENT: The meeting was adjourned at 11:47 P.M.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor