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M-11/2/1993 I I I 231 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 2, 1993 An adjourned meetmg of the Santa MOnIca CIty CouncIl was called to order by Mayor Abdo at 6 37 P M on Tuesday, November 2, 1993, m the Council Chambers Roll Call: Present Mayor Judy Abdo Mayor Pro Tempore AntOnIO Vazquez Councilmember Ken Genser Councilmember Asha Greenberg Councllmember Robert T. Holbrook Councllmember Kelly Olsen CouncIlmember Paul Rosenstem Also Present: CIty Manager John Jahh Acting City Attorney Joe Lawrence CIty Clerk Clarice E. Dykhouse Councilmember Holbrook led the assemblage in the Pledge of AllegIance to the Flag of the Umted States of America Mayor Abdo called for a moment of SIlence to think about the fITes ragmg in the nearby communitIes. Councilmember Holbrook moved to add an emergency Item to the agenda with regard to assIstance to the CIty of MalIbu because of the fires Second by CouncIlmember Greenberg. The motIon was unammously approved EMERGENCY ITEM MALIBU FIRE: FIre Chief Montenero provIded a report conveymg the aId being gIven by the City of Santa MOnIca to the CIty of Malibu to assIst WIth the fITe Council asked queStIons of staff CouncIlmember Holbrook moved to mstruct the CIty Manager to contact the CIty of Malibu to determine what the City of Santa Momca can do to assist them Second by Councllmember Rosenstem CouncIlmember Rosenstem moved to amend the motIon to offer a vote of thanks and apprecIatIon to the City of Santa Momca Fife Department for their wIllIngness to assIst m the efforts to fight the fire The motIon was accepted as fnendly. Councilmember Genser moved to amend the motion to direct staff to superimpose the telephone number for emergency assIstance on CIty TeleVISIon The motIon was accepted as fnendly. The motIon was unammously approved November 2, 1993 1 232 8-A PROHmITION OF SMOKING Presented was an ordmance for mtroductIOn and first readmg amendmg SectIOns 4 44 030 of the Santa MOllica MUlliclpal Code to prolubn all smokmg 10 mdoor restaurants; amendmg SectlOn 4.44040 to prohibIt all smoking in cafetenas 10 places of employment and lounge areas 10 buildings open to the general public and amendmg Section 4 44 060 to prohibit smokmg m bars wluch are conuguous WIth restaurant dining areas when meals are bemg served. Council asked questlOns of staff Councilmember Olsen moved to mtroduce the ordmance as prepared by staff with a change to include bars and restaurants under the smokmg prohibition. Second by Councilmember Genser. Councilmember Genser moved to amend the motion to mc1ude outdoor dining areas m the non-smoking areas. The mouon was accepted as friendly. Discussion was held Councilmember Rosenste1O moved a substitute monon to mtroduce the ord1Oance as prepared by staff with the follow1Og changes' 1) affected restaurants would be requIred to post a "no smoking" sign with letters at least 1" lugh or utilize the mternational "no smoking" symbol, 2) effective date to be Monday. January 3, 1994; 3) Page 7, Secnon 3(c) 10 the highlighted area strike the words after "and" to where it says "served," which effectIvely exempts bars in which the serv10g of food IS only mCldental to serving of alcohol. and direct staff to return by September 1994 with a proposal whIch would ban smoking ill all work places ill the City of Santa Monica and dunng the mtervening time period that the City conduct a Wide-ranging pubhc dIscussion m the City about thiS issue. seek the opinions of reSIdents, bus1Oesses, and others who would be affected by the scope of the ordinance, study actlOus m other CIties, record data about the effects of the ordinance on restaurants and tax revenue to the CIty, engage m, and hue staff if necessary, lobbying activiues to encourage surrounding CIties m the County to engage in developing SImIlar ordmances, energetically lobby for a statewIde ban on smoking m the work place at state level and on a federal level support the Fnedman Bill and the Waxman Bill, and very carefully study all the nuances mvolved 10 such a wide- ranging ordmance, carefully assess how It will work, and encourage WIde-spread dIscussion m the community, Second by CouncIlmember Holbrook, DiscusslOn was held The motion was approved by the following vote: CouncIl vote Affirmatlve' Councilmembers Greenberg, Holbrook, Rosenstem, Vazquez, Mayor Abdo Negative: Councllmembers Genser, Olsen Councllmember Genser requested that the record reflect that he voted "no" on tlus motlon because it does not go far enough in that the City is not meeting its obligation to protect the pubhc health of the people of the CIty and there is no evidence before Councll that having umversal non-smoking estabhshments is adverse economIcally and there IS sigmficant eVidence that any amount of second-hand smoke IS dangerous to the health of the people and,fmally, studies have shown that most people 10 tlus community w1l1 accept non-smokmg establishments November 2, 1993 2 I I I 233 I Councllmember Olsen requested that the record reflect that he voted "no" on this motion because It Ignores the compellIng eVIdence supplIed by the AmerIcan Cancer SocIety that says that there is no safe level for second-hand smoke, secondly, the ordmance says that alcohol lIves are not as unportant as profits, and perhaps campaIgn contributions, and, thirdly, the maker of the motion was not clear as to what thIS motIon really IS and how It WIll really be carried out m bars and restaurants. CouncIlmember Holbrook asked that hIS written remarks regarding his affirmatIve vote be mcluded m the record. By virtue of the above actIOn, an ordinance entItled ""AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4 44 030 OF THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT ALL SMOKING IN INDOOR RESTAURANTS, AMENDING SECTION 444040 OF THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT ALL SMOKING IN CAFETERIAS IN PLACES OF EMPLOYMENT AND LOUNGE AREAS IN BUILDINGS OPEN TO THE GENERAL PUBLIC AND AMENDING SECTION 444060 TO PROHIBIT SMOKING IN BARS WmCH ARE CONTIGUOUS WITH RESTAURANT DINING AREAS WHEN MEALS ARE BEING SERVED," was mtroduced as amended, for first readmg by title only walvmg further reading thereof. I CouncIlmember Holbrook moved to continue Item No 9-A untIl such a tIme as the CIty Manager, Mayor, and Mayor Pro Tempore deem appropnate Second by Mayor Pro Tempore Vazquez The motion was unammously approved 9-A: REDUCED-EMISSION VEHICLES PURCHASE POLICY' The recommendation to adopt the reduced-emissIOn vehicles purchase polIcy was contmued to January 1994 9-B CLOSED SESSION. Held at end of meetmg II-A. GUN CONTROL: Presented was the request of the Santa Moruca Comrrussion on the Status of Women to partIcIpate m a newly-formed coalItIon of women's orgarnzatlons to articulate gun control as a women's issue CouncIl asked questIons of staff Member of the publIc Joy Fullmer expressed her concerns CouncIlmember Greenberg moved to permit the Santa Moruca CommISSIon on the Status of Women to partIcIpate m and support thIS coalItion of women's organizatIons to control guns and gun VIOlence Second by CouncIlmember Genser DIscussion was held. The motion was approved by the followmg vote: CouncIl vote: Unanimously approved 7-0 14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS Councllmember Holbrook moved to appomt DennIS Zane as a member of the Bayslde DIstrIct CorporatIon and Nancy Cattell as a member of the Housmg Comrmssion Second by Mayor Pro Tempore I November 2, 1993 3 2J4 Vazquez Mayor Abelo moved by acclamatIOn The motIon was approved by the following vote' Council vote. Unannnously approved 7-0 Mayor Abdo announced that the floor would conSIder nommatIons to fill vacanCIes of members to the SOCIal Service CormmsslOn CouncIlmember Genser nom mated Alan Toy There being no further nominations, nominatIOns were closed Mayor Abdo moved to appoint Alan Toy to the Social Service COnUnISSIOn by acclamatIon The motIon was unammously approved DIscussion was held. CouncIlmember Genser moved to appomt a member to the AccessIbilIty Appeals Board Second by CouncIlmember Olsen The motIon failed, Councilmembers Greenberg, Holbrook, Rosenstem, Vazquez, and Mayor Abdo opposed. By general consent appointments to Housing Board, Pier Restoration Board and Buildmg and Safety Board were continued. 14-B' COUNCIL PROCEDURES The request of CouncIlmember Rosenstem to dISCUSS consideration of Council procedures was continued to the meeting of November 9, 1993. 14-C STREET SWEEPING HOURS The request of Councilmember Olsen to discuss directmg staff to prepare a report on the feasibIlIty of changmg street sweepmg hours to after 900 A M m reSIdentIal areas was contmued to the meeting of November 9, 1993. 14-D CRIME STATISTICS/PARENTING REFERRAL PROGRAM Presented was the request of Councilmember Greenberg to discuss dIreCtIng the City Attorney to prepare StatIStICS regardmg prosecutIon of all crmes and cases mvolvmg publIc safety ordmances and to establIsh a parentmg referral program based on the Los Angeles CIty Attorney's Parentmg Program CounCIl asked questions of staff. Discussion was held. Councilmember Greenberg moved to direct the CIty Attorney to prepare StatIstICS regardmg prosecutIOn of all crimes and cases mvolvmg pubhc safety ordmances on a quarterly basis and to study the possibility of setting up a parentmg program and report back to CouncIl The motion was duly seconded Member of the public Joy Fullmer expressed her concerns. The motIon was unanimously approved 15 PUBLIC INPUT Member of the public Joy Fullmer discussed the problems with statistIcs and homelessness. Member of the public An CasIllas dIscussed crime and drug problems m PICO NeIghborhood Member of the publIc Ron Taylor dIscussed homelessness 9-B. CLOSED SESSION- At 9'35 PM, Council adjourned to Closed SeSSIOn for the purpose of dlscussmg the followmg cases: November 2, 1993 4 I I I I I I 235 1 CIty of Santa Maruca v CIty of Los Angeles, threatened lItigatIOn concermng proposed Playa VIsta development, 2 People v. Regina Barrett, Los Angeles Mumcipal Court Case No 93MOO496; CIty Clerk Dykhouse was excused from the meetmg. City Manager Jalili was appomted Deputy Clerk. ADJOURNMENT' At 11'10 PM, the meeting was adjourned III memory of Glona FItzgerald and the 145 victims who dIe dally in the Umted States from second hand smoke, to November 8, 1993, at 5 30 PM., for the Annual Boards and COlmmssIons Dinner ATTEST dJ~/4~ Clance E Dykhouse CIty Clerk APPROVED: 9w4al Judy Abdo Mayor November 2, 1993 5