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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 26, 1993
A regular meetmg of the Santa MOllica City Council was called to order by Mayor Abdo at
6 50 P.M on Tuesday, October 26, 1993. m the CouncIl Chambers
Roll Call Present: Mayor Judy Abdo
Mayor Pro Tempore Antomo Vazquez
Councilmember Ken Genser
Counctlmember Asha Greenberg
Councilmember Robert T Holbrook
Counctlmember Kelly Olsen
Counctlmember Paul Rosenstem
Also Present Cny Manager John Jahh
Acting City Attorney Joe Lawrence
CIty Clerk ClarIce E Dykhouse
Councilmember Holbrook led the assemblage m the Pledge of Allegiance to the Flag of the
United States of Amenca
INSPIRA nON Counctlmember Holbrook provided a moment of InspIratIOn by suggesting
that everyone check their smoke detectors on Sunday morning when the clocks are set back
to standard tune
Member of the pubhc Joy Fullmer addressed the Consent Calendar.
6 CONSENT CALENDAR Presented was the Consent Calendar, whereby allnems are
conSIdered and approved in one motion unless removed from the calendar for dIScussIon
Counctlmember Holbrook moved to approve the Consent Calendar, with the exceptIOn of
Item No 6-C, readmg resolutions and ordmances by title only and waivmg further readmg
thereof Second by CouncIlmember Greenberg. The motion was approved by the followmg
vote:
CouncIl vote Unanimously approved 7-0
6-A MINUTES APPROVAL: The minutes of CIty CouncIl meetmgs of October 5 and 12,
1993, were approved as submItted
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6-B: FINAL SUBDIVISION MAP/TRACT NO 51400/TPC-262/2343-45 OAK STREET
Resolution No 8676(CCS) enutled "A RESOLUTION OF THE CITY COUNCIL OF THE I
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 51400 FOR A PROJECT AT 2343-45 OAK STREET," was
adopted, thereby approvmg a 6-unit tenant-particlpahng conversIOn project at 2343-45 Oak
Street
6-D CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/DENIAL OF
APPEAL/PLANNING COMMISSION APPROVAL OF AMENDMENTS/TPC-273/VTTM
51430/2641 FOURTH STREET: The cernflcatIon of statement of offIcial action for the
denial of appeal of Planning CommisslOn approval of amendments to the condmons of
approval for Tenant-Participating ConverslOn, TPC-273, Vestmg Tentative Tract Map 51430,
to allow the consolIdatIon of unit one and umt seven at 2641 Fourth Street, was approved.
6-E. TRANSPORTATION MANAGEMENT PLAN Ordmance No 1708(CCS) entitled.
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9 16030,9 16.070 AND
9.16090 RELATED TO TRANSPORTATION MANAGEMENT," was adopted
END OF CONSENT CALENDAR
6-C AMENDMENT/EASEMENT AGREEMENT/OUTDOOR DINING/1535 OCEAN
A VENUE' Council asked questions of staff CouncIlmember Olsen moved to authorIZe the
City Manager to negotiate and execute an amendment to an easement agreement that permits
outdoor dlmng on the publIc nght-of-way frontmg 1535 Ocean Avenue (Zenzero Restaurant).
Second by Mayor Pro Tempore Vazquez. The motIOn was approved by the followmg vote:
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CounCIl vote Unanimously approved 7-0
8-A. AMENDMENT/ANIMAL CONTROL LAWS' Presented was an ordmance for second
readmg and adoption amendmg the CIty'S ammal control laws permIttmg leashed dogs In a
park, specifying the length of leashes for dogs, mcreasmg the fine for failure to abate a
nuisance by a dog and penmttmg the designation of off-leash areas III public parks for dogs
CounCIl asked questions of staff Counctlmember Rosenstein moved to remand thIS item to
staff for further clarificatIon of Issues, to meet with members of the commumty, and return
to Councd Second by Councilmember Greenberg DISCUSSIon was held Councilmember
Genser moved a substItute motIOn to have smgle fines (no escalating fines) and that for all
categones except for the nUIsance law and the carrymg matenals law the fme be $100 and
for the nUIsance law and the carrying matenals law the fine be $250 Second by
Councilmember Olsen DISCUSSIon was held CouncIlmember Rosenstein moved to hear
speakers. Second by CouncIlmember Holbrook. The motion faIled, Counctlmembers
Genser, Greenberg, Olsen, Vazquez, and Mayor Abdo opposed DiSCUSSIOn was held
Counctlmember Genser moved to amend his motIon to set the fines at $50 for all categones
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except for the nUlsance law and the carrymg matenals law, $150 for the nmsance law and
carrymg matenals law The motIon was accepted as friendly DIScussIon was held
Councilmember Rosenstem wIthdrew IDS motlon Councilmember Greenberg moved a
SubstItute motion to hold thIs matter over untIl the enforcement issue IS settled, along WIth
the recommendatIon that staff Investigate mcreasIng the fInes If Increased enforcement IS
possIble. DiSCUSSIOn was held Second by CouncIlmember Holbrook The motlon faded,
CouncIlmembers Genser, Olsen, Rosenstem, Vazquez, and Mayor Abdo opposed
Councllmember Olsen moved to ellllunate Pahsades Park from thts ordInance Second by
Councllmember Holbrook DISCUSSIon was held. The motIOn faIled by the followmg vote
CouncIl vote AffmnatIve: Councllmembers Olsen, Holbrook, Greenberg
NegatIve CouncIlmembers Vazquez, Rosenstem, Genser, Mayor Abdo
Mayor Pro Tempore Vazquez moved to exclude Manne Park from the unleashed area
Second by CouncIlmember Holbrook. Discussion was held The motion faIled by the
followmg vote
CouncIl vote. Affrrmative Councllmembers Vazquez, Holbrook
NegatIve Counctlmembers Rosenstein, Olsen, Greenberg, Genser, Mayor
Abdo
The mam motion faIled by the following vote:
CouncIl vote. Affrrmative Counctlmembers Rosenstein, Genser, Mayor Abdo
Negative CouncIlmembers Vazquez, Olsen, Holbrook, Greenberg
DISCUSSIOn was held Councilmember Genser moved to have smgle fmes (no escalatmg fines)
and that for all categones except for the nuisance law and the carrying matenals law the fme
be $75 and for the nmsance law and the carrymg matenals law the fme be $200 Second by
Mayor Abdo The motion was approved by the followmg vote
CouncIl vote' Affirmative Councllmembers Rosenstein, Greenberg, Genser, Mayor Abdo
NegatIve Councilmembers Vazquez, Olsen, Holbrook
By virtue of the above action, an ordinance entItled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S ANIMAL
CONTROL LAWS PERMITTING LEASHED DOGS IN A PARK, SPECIFYING THE
LENGTH OF LEASHES FOR DOGS, INCREASING THE FINE FOR FAILURE TO
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ABATE A NUISANCE BY A DOG AND PERMITTING THE DESIGNATION OF OFF-
LEASH AREAS IN PUBLIC PARKS FOR DOGS," was introduced for first readmg, as I
amended, by tItle only, walvmg further readmg thereof
8-B: CHILD CARE CENTERS: Presented was an ordinance for mtroductIon and ftrst
reading amendmg condItIOnal use permit standards of the Zoning Ordinance, Santa Monica
Mumcipal Code SectIOn 9.04.14030, regulating chtld care centers m reSIdentIal districts
Council asked questIOns of staff Mayor Abdo declared the public heanng open at 8:02 P.M.
Member of the publIc Joy Fullmer expressed her concerns Members of the publIc Lmda
Gordon, Ellen Khokha, Irene ZIVI, and Abby Liebman spoke m support of the proposed
ordmance Member of the pubbc Cindy Wasson urged Counctl to re-evaluate the current
costly and complicated CUP process Mayor Abdo closed the publIc heanng at 8 16 P M
Councllmember Rosenstem moved to approve the proposal as recommended by staff with the
condition that permittmg fees associated with the projects may be waived, with the exception
of busmess license tax, winch the City would retam Second by Mayor Pro Tempore
Vazquez. Discussion was held Councilmember Rosenstein revised Ins motion to approve
the ordmance as proposed by staff The motIon was accepted as fnendly. The motion was
approved by the followmg vote.
Counctl vote' Unannnously approved 7-0
By virtue of the above action, an ordmance entitled. "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 9 04.14.030, RELATING TO CHILD CARE CENTERS IN RESIDENTIAL
DISTRICTS," was mtroduced for flIst reading, as amended, by tItle only
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Councilmember Rosenstem moved to direct staff to return WIth a recommended format for
the waiver of fees. Second by Mayor Pro Tempore Vazquez. The motion was unammously
approved
At 8'25 PM., Council adjourned for a short recess Council reconvened at 840 PM. With
all members present
Mayor Abdo moved to hear Item No. to-A at thiS tune Second by Counctlmember
Holbrook. The motion was unammously approved
lO-A' VACATION OF A PORTION OF 7TH COURT/DEDICATION OF TWO PUBLIC
SERVICE EASEMENTS, At 8:42 PM, Mayor Abdo declared the pubhc hearmg open
Member of the publIc Joy Fullmer expressed her concerns Member of the public Larry
Beaufait made suggestIOns, Members of the publIc Earl Shor and Doun Morey spoke in
support of the staff recommendatIon Mayor Abdo closed the public heanng at 8.45 P.M.
Presented was the staff report recommendmg adoptIon of a resolution ordermg the vacatIon
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of a portIOn of 7th Court from Broadway to 250 feet southeast of Broadway and dedicatton
of two pubhc servIce easements Council asked questtons of staff. Mayor Pro Tempore
Vazquez moved to adopt Resolution No 8677(CCS) entItled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF
A PORTION OF A CERTAIN STREET KNOWN AS SEVENTH COURT BETWEEN
BROADWAY AND 250 FEET SOUTHEASTERLY OF BROADWAY AND DEDICATION
OF TWO PUBUC SERVICE EASEMENTS IN THE CITY OF SANTA MONICA,
CALIFORNIA," readmg by tttle only and waIvmg further readmg thereof. Second by
CouncIlmember Holbrook. The motion was approved by the following vote
CouncIl vote: Unarumously approved 7-0
8-C PROHIBITION OF SMOKING. Presented was an ordinance for mtroductton and first
readmg amendmg Sections 4.44 030 of the Santa MOnIca MUnICIpal Code to prohIbn all
smokIng m mdoor restaurants, amendmg Sectton 444040 to prohIbIt all smokmg in
cafetenas, m places of employment and lounge areas In bUIldIngs open to the general pubhc
and amendmg Section 444.060 to prohIbIt smolang m bars which are COntIguOUS WIth
restaurant dmmg areas when meals are bemg served Council asked questIOns of staff At
8 40 PM, Mayor Abdo declared the publIc hearIng open. Members of the pubhc Paul
Koretz, Joseph Rooks, Brad Segal, MIkki Peabody, Alan Zovar, Dr. Stenkel, Andrea
Portenier, Peter Pelikan, Manlou Terpennmg, Harvey Karp, and Lou Moench spoke In
support of the proposed ordmance. Members of the public MIchael Duffy, Helen Petrou,
MIke RadclIffe, Gerry Brenbart, and Larry Postaer spoke In opposition to the proposed
ordmance Member of the pubhc Joy Fullmer expressed her concerns Members of the
pubhc Jay FlOndella, Gene Rotondo, PhilIp CummInS, and Gary Wolen urged CouncIl to
enact an ordInance modeled after the ordinance Implemented by the City of Los Angeles.
Member of the pubhc Doreen Sturgis urged CouncIl to conSIder coffee houses under the same
exemption as bars. Member of the publIc Bruce Cameron spoke m support of a smoking
ordinance as a statewIde Issue. Mayor Pro Tempore Vazquez moved to hear a late speaker
Second by CouncIlmember RosensteIn. The motion was approved, Councilmember Olsen
opposed Member of the publIc Barkley Hudson spoke In support of the proposed ordinance
Member of the public Ken Ward spoke in support of a complete ban on smoking wherever
food IS available. Mayor Abdo closed the pubhc hearIng at 10-55 P M.
Counctlmember Rosenstem moved to adjourn to Closed SessIon at tlns time and contmue the
remamder of Item No. 8-C and the remainder of the agenda to the meeting of November 2,
1993. Second by Councilmember Greenberg. DIScussion was held. The motion was
approved by the follOWIng vote
CouncIl vote Affirmattve: CouncIlmembers Greenberg, Holbrook, Rosenstem, Vazquez,
Mayor Abdo
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Negattve Councilmembers Genser, Olsen
DiscuSSIon was held.
CouncIlmember Holbrook moved to extend the meeting to 11 15 P M Second by Mayor Pro
Tempore Vazquez The motion was unammously approved.
9-A: REDUCED-EMISSION VEHICLES PURCHASE POllCY. The recommendatiOn to
adopt the reduced-eIIDssion vehicles purchase polIcy was continued to the meetmg of
November 2, 1993.
9-8 CLOSED SESSION: At 11 02 PM, CouncIl adjourned to Closed SeSSIOn for the
purpose of dIscussmg the following cases
1 Rubin et al v CIty of Santa Monica, Umted States DIStrIct Court Case No.
CV 93-1255 ER (Ex),
2 CIty of Santa Moruca v. City of Los Angeles, threatened lItIgatIOn concerning
proposed Playa VIsta development;
3 People v Regina Barrett, Los Angeles MumcIpal Court Case No 93MOO496;
4
Waslnngton and HICks v CIty of Santa Moruca, Uruted States Dlstnct Court
Case No. CV 92-1884
No actIOn was taken.
At 11 OS P M., CounCIl reconvened WIth all members present
II-A: GUN CONTROL The request of the Santa Monica CommiSSIOn on the Status of
Women to particIpate m a newly-formed coalItIOn of women's orgaruzattons to articulate gun
control as a women's Issue was continued to the meeting of November 2. 1993.
12-A MEMORANDUM OF UNDERSTANDING/POLICE OFFICERS' ASSOCIATION
The resolutton authonzmg the CIty Manager to execute a Memorandum of Understandmg
with the Santa Moruca PolIce Officers' AssocIation (SMPOA) was contmued to the meeting
of November 2, 1993
14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS The annual
appomtments of members to Boards and ComnnsslOns was contInued to the meeting of
November 2, 1993
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14-B COUNCIL PROCEDURES The request of CouncIlmember Rosenstern to dISCUSS
consIderation of Councd procedures was contrnued to the meeting of November 2, 1993
14-C. STREET SWEEPING HOURS The request of Counctlmember Olsen to dISCUSS
dlrectmg staff to prepare a report on the feasIbIlIty of changing street sweepmg hours to after
9:00 A.M m reSIdential areas was conhnued to the meenng of November 2, 1993
14-D CRIME STATISTICS/PARENTING REFERRAL PROGRAM The request of
Councdmember Greenberg to dIscuss directing the City Attorney to prepare stanstics
regarding prosecution of all cnmes and cases mvolvmg publIc safety ordmances and to
estabhsh a parentmg referral program based on the Los Angeles Cny Attorney's Parentmg
Program was continued to the meeting of November 2, 1993
ADJOURNMENT At 11:05 PM, the meetmg was adjourned to November 2, 1993, at
6 30 P M
ATTEST'
APPROVED
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ClarIce E. Dykhouse
CIty Clerk
Judy Abdo
Mayor
October 26, 1993
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