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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 13, 1993
A regular meetIng of the Santa MOllica CIty CouncIl was called to order by Mayor Abdo at 5 35
PM on Tuesday, July 13, 1993 m the CouncIl Chambers
Roll Call.
Mayor Judy Abdo
Mayor Pro Tempore AntOlliO Vazquez
CouncIlmember Asha Greenberg
CouncIlmember Kelly Olsen
Present .
Absent:
CouncIlmember Ken Genser
(Reported present durmg Closed SesslOn)
CouncIlmember Robert T. Holbrook
(Reported present durmg Closed SesslOn)
Councilmember Paul Rosenstem
(Reported present dunng Closed Session)
Also Present City Clerk Clarice E Dykhouse
CLOSED SESSION' At 5:37 P.M., Council adjourned to Closed SesslOn for the purpose of
consIderIng personnel matters and threatened htIgatlOn, pendmg litIgatIon and htIgation to be
commenced by the City. No actIon was taken.
CouncIlmembers Genser, Holbrook, and Rosenstem reponed present durmg Closed SeSSIon
At 6 59 PM, Council reconvened.
CouncIlmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the
Umted States of AmerIca
Roll Call.
Mayor Judy Abdo
Mayor Pro Tempore Antonio Vazquez
CouncIlmember Ken Genser
Councilmember Asha Greenberg
CouncIlmember Robert T Holbrook
CouncIlmember Kelly Olsen
Councilmember Paul Rosenstem
Present.
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Also Present CIty Manager John Jalih
Actmg CIty Attorney Joe Lawrence
CIty Clerk Clarice E Dykhouse
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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
Councdmember Holbrook moved to approve the Consent Calendar, WIth the exception of Item
Nos 6-L, 6-Q and 6-S, reading resolutIOns and ordmances by tItle only and walvmg further
reading thereof Second by Councilmember Greenberg The motIon was approved by the
followmg vote
Councd vote Unanimously approved 7-0
6-A. MINUTES APPROVAL: The City CouncIl mmutes of June 22, 1993, were approved
6-B MODIFICATION OF ZONING AND DEVELOPMENT STANDARDS/AFFORDABLE
HOUSING' Ordmance No 1689(CCS) entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING AND
DEVELOPMENT STANDARDS TO FACILITATE AFFORDABLE HOUSING," was adopted
on second reading.
6-C' NEWSSTANDS Ordinance No 1690(CCS) entItled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA
ZONING ORDINANCE TO PERMIT OUTDOOR NEWSSTANDS IN CERTAIN DISTRICTS,
ESTABLISHING DEVELOPMENT STANDARDS FOR OUTDOOR NEWSSTANDS, AND
CREATING A USE PERMIT PROCEDURE," was adopted on second readmg.
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6-D PROHIBITION ON ESTABLISHMENT OF GAME ARCADESJUMITATION ON
NUMBER OF ALCOHOL AND FOOD SERVING ESTABLISHMENTS/C3 AND C3C:
Ordinance No 1691(CCS) entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING GAME ARCADES AND ESTABLISHING
UMITATIONS ON THE NUMBER OF ALCOHOL AND FOOD SERVING
ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C DISTRICTS ON AN
INTERIM BASIS," was adopted on second readmg.
6-E OFFICIAL DISTRICTING MAP Ordmance No 1692(CCS) entItled. "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
OFFICIAL DISTRICTING MAP," was adopted on second reading.
6-F FINAL SUBDIVISION MAP/TRACT NO. 50713/TPC-155/937 11TH STREET'
Resolution No 8618(CCS) entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP
FOR TRACT NO 50713 AT 937 11TH STREET," was adopted, thereby approving an ll-umt
tenant-partlcipatmg conversion project at 937 11th Street
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6-G FINAL SUBDIVISION MAP/PARCEL NO 23152/TPC-179/647 RAYMOND A VENUE
ResolutIon No. 8619(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP
FOR PARCEL NO 23152 AT 647 RAYMOND AVENUE," was adopted. thereby approving
a 4-unit tenant-partlclpatmg converSIOn project at 647 Raymond Avenue
6-H: FINAL SUBDIVISION MAP/TRACT NO 51353/TPC-245/1027 HILL STREET
ResolutIOn No 8620(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP
FOR TRACT NO 51353 AT 1027 HILL STREET," was adopted, thereby approvmg a 5-umt
tenant-participatmg converSIOn project at 1027 Hill Street
6-1. FINAL SUBDIVISION MAP/TRACT NO 50276/CONDOMINIUMS/1144-114812TH
STREET. Resolution No 8621(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO 50276 FOR A PROJECT AT 1144-1148 12TH
STREET, II was adopted, thereby approvrng a 10-urnt condomlrnum project at 1144-1148 12th
Street
6-1 FINAL SUBDIVISION MAP/TRACT NO 21564/CONDOMINIUMS/639 PACIFIC
STREET' ResolutIon No 8622(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR PARCEL NO 21564 FOR A PROJECT AT 639 PACIFIC
STREET, II was adopted, thereby approvmg a 3-unit condomInium project at 639 PaCIfIC Street
6-K ACCESSffiILITY IMPROVEMENTS/CITY HALL/POLICE STATION/MAIN
LIBRARY/MUNICIPAL PIER/CIVIC AUDITORIUM Contract No 5999(CCS) was awarded
to CDAD, Inc. m the amount of $249,000 for accessIbilIty nnprovements at the CIty Hall,
PolIce StatIon, Mam Library, PIer, and CIVIC AudItOrIUm and the CIty Engmeer was authorIzed
to Issue any necessary change orders to complete addItIOnal work m conformance WIth the
AdmIllistratI ve Instruction on change orders
6-M CALPAW 94 PARK AND WILDUFE GENERAL OBLIGATION BOND ACT
INITIATIVE. ResolutIon No 8624(CCS) entItled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE CALP A W 94 PARK
AND WILDLIFE GENERAL OBLIGATION BOND ACT INITIATIVE," was adopted
6-N' BAY SAVER RETROFIT PROGRAM Contract No 6000(CCS) was awarded to
Demand Management Company (DMC) m an amount not to exceed $296,000 for servIces
related to the Bay Saver Retrofit Program
6-0' THIRD ANNUAL CALIFORNIA WATER CONFERENCE Co-sponsorshIp of the Thrrd
Annual Califorma Water Policy Conference to be held III Los Angeles on October 21 and 22,
1993 in the amount of $1,000 was approved
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6-P' BUTTERFLY VALVESIWATER DIVISION. BId No 2456 was awarded to Valve
Systems & Controls at speCified unit prices to furmsh and delIver butterfly valves for the Water
DiVIsIon, General Services Department
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6-R MISCELLANEOUS TRASH BIN PARTS Bid No. 2459 was awarded to Consolidated
Fabncators Corporation at various pnces to furmsh and delIver miscellaneous trash bm parts for
the SolId Waste Management Division, General Services Department
6-T METAL REFUSE CONTAINERS: Bid No 2461 was awarded to ConsolIdated
Fabncators Corporation at various pnces to furnish and delIver two cubiC yard metal refuse
contamers for the SolId Waste Management DIVISion, General Services Department.
6-U: MAINTENANCE OF HEATING, VENTILATING AND AIR CONDITIONING
SYSTEMS: Bid No. 2462 was awarded to Harbor Pomte Air CondltIomng at an estimated
annual cost of $14,469 to proVide maintenance of heatmg, ventilatmg and air condmomng
systems for the Transportation Department
6-V. HYDRAUUCVALVEPARTS/MISCELLANEOUS WATER SUPPLIES: BldNo 2463
was awarded to DaVIS Taylor Jett at specified manufacturer discount to furmsh and delIver
hydraulic valve parts and miscellaneous water supplIes for the Water Division, General Services
Deparnnent.
6-W. BEACH PARKING LOTS Contract No 5701(CCS) was awarded to ExecutIve Parking,
Inc. to operate CIty beach parkmg lots on a short term baSIS
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6-X: HERITAGE SQUARE MUSEUM: The CIty Attorney was directed to prepare an
amendment to Contract No 2307(CCS), the operatmg agreement of the Santa Momca Heritage
Square Museum, to allow for an admiSSion fee
END OF CONSENT CALENDAR
6-L: SET PUBLIC HEARING/ESTABllSHMENT OF AN ASSESSMENT DISTRICT/TREE
PLANTING AND APPURTENANT WORK/COLORADO AVENUE' Council asked questIOns
of staff. Mayor Pro Tempore Vazquez moved to adopt Resolution No. 8623(CCS) entitled' trA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING
A PUBLIC HEARING FOR SEPTEMBER 14, 1993, FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT CONVENIENCE AND NECESSITY REQUIRE THE
TREE PLANTING AND APPURTENANT WORK ON COLORADO AVENUE BETWEEN
7TH STREET AND 14TH STREET, AS SHOWN ON CITY DRAWING NO 6085, IN THE
CITY OF SANTA MONICA," readmg by title only and walvmg further readmg thereof
Second by Councilmember Greenberg The motIon was approved by the following vote.
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CouncIl vote AffirmatIve Councilmembers Genser, Greenberg, Holbrook, Rosenstein,
Vazquez, Mayor Abdo
Absent Councllmember Olsen
6-Q: JANITORIAL SERVICES/MAIN LIBRARY: The recommendatIon to award Bid No
2458 to Power BUlldmg Jarutorial Services at the monthly rate of $1,150 80 to provide jamtonal
services for the Main Library was withdrawn at the request of staff.
6-S' JANITORIAL SERVICES/TRANSPORTATION DEPARTMENT The recommendatIon
to award Bid No 2460 to Power Building Jamtonal Services at the montWy rate of $1,75020
to provide Jarutonal services for the Transportation Department was withdrawn at the request
of staff
8-A PARK CLOSURE HOURS' Presented was anordmance for introductIon and fIrst readIllg
adding sectIons to Chapter 4 08 of the Santa Monica Mumclpal Code to establish park closure
hours CouncIl asked questIOns of staff At 742 PM., Mayor Abdo declared the publIc
hearing open Members of the publIc Ron Lau, Giok Brandt, and Leigh Kavanaugh spoke m
support of the proposed closure of parks from 12.00 Mldmght to 5:00 A M. Members of the
public Allen Zahner, Clarence Spurlock, Mark Murphy, RIta Lowenthal, Laurie Newman,
Franceye Smith, Leland Leonard, Terry Marburger, Jennafer Waggoner, Jeffery Glaze, Terry
Alexander, SimIme WIlson, Jane Castle, Ellen Reese, Jerry, VIrginia Palmer, Lowell West, R1k
Tilton, Len Doucette, Chene Lebrun, T Lord's, Zandl ZlOn, Beloved QuaIl, James McAuley,
Raul Garza, Roberta Rasp, Lawrence Chance, Jerry Rubm, Kathleen Black, Paul Sanders,
Broria Finkel, and Ann Hiller spoke III opposition to the proposed ordmance Members of the
publIc Everett Batters, Emmalie HodgIll, Jane Dempsey, Richard Bloom, and ChriS Reed spoke
III support of the proposed closure and urged unplementatlOn of same III all parks Member of
the publIc Judy SIlverman spoke in support of the proposed closure and urged the closure of
Douglas Park as well. Member of the publIc Joy Fullmer expressed her concerns
Councllmember Olsen moved to hear late chits Second by CouncIlmember Genser. The
motIon was approved, Councilmember Holbrook opposed Members of the public JaIme
Schloss, Art Casillas, and Ed Bell spoke III support of the proposed closure of parks from 12:00
Mldrught to 5 00 AM. Member of the public Stephen Alpert spoke III support of the proposal
to close Palisades Park but III opposItion to closmg all of the parks Members of the public
Tahara Brantley, Charles Murray, Ivory Edwards, TomeCla McCowen, and Michael Tarbet
spoke III Opposltlon to the proposed ordinance Mayor Abdo closed the publIc heanng at 9 37
PM
At 9.37 PM, Council adjourned for a short recess CouncIl reconvened at 10 10 P M with
all members present.
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8-A (RESUMED) Councd asked questIons of staff Councilmember Olsen moved to
mtroduce for first reading an ordmance closing all parks between the hours of 12 00 MIdnIght I
to 5 00 A.M. Second by Councilmember Holbrook Discussion was held Mayor Pro Tempore
Vazquez moved to amend the motion to repeal the "no sleepmg m the park" ordinance. The
motIon was not accepted as fnendly Discussion was held Mayor Pro Tempore Vazquez
moved a substitute motion to mclude language that Mumclpal Code SectIon 408.090 IS repealed
and subsectIon (t) of Section 4.08.091 changed to specIfy that conduct that constitutes sleepmg
is not a violation of the ordmance Second by Mayor Abdo Discussion was held The
substItute motion faded by the followmg vote.
CouncIl vote: AffmnatIve Councilmember Vazquez, Mayor Abdo
Absent. CouncIlmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem
DISCUSSIOn was held Councilmember Rosenstein moved a substitute motion to close PalIsades
Park, direct the polIce to energetically prevent drug dealmg from spreading to other sections of
town and protect the resIdents m the nearby areas and other parts from the spread of drugs and
assocIated crime and that CounCIl obtam regular reports from the PolIce Department and the
Parks Department so that any problems can be dealt with effectIvely The motion dIed for lack
of a second Discussion was held. Councdmember Genser moved to extend the meetmg to
11'45 P.M. Second by Councilmember Holbrook. The motion was approved, Councilmember
Rosenstem opposed. Discussion contInued Councdmember Holbrook moved to amend the
motion to make thIS an emergency ordmance Second by Councdmember Olsen Council asked I
questions of staff CouncIlmember Holbrook wIthdrew his motion. The motion was approved
by the followmg vote
Councd vote: AffirmatIve Councilmembers Genser, Greenberg. Holbrook, Olsen, Rosenstem
Negative: Councilmember Vazquez, Mayor Abdo
Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on tlus Item
because he does not feel that tlus ordinance WIll address the Issue of drug dealmg.
Mayor Abdo requested that the record reflect that she voted "no" on thIS Item as she does not
belIeve that changmg the hours of the parks IS going to make a measurable dIfference m drug
dealing, she IS concerned about the effects that thIS ordmance wIll have on the homeless, and
she expressed the belIef that drug dealers and homeless persons WIll merely relocate to other
parts of the CIty
By VIrtue of the above actIon, an ordInance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS TO CHAPTER 4.08
OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PARKS CLOSURE," was
mtroduced for fIrst reading by tItle only and walvmg further readmg thereof
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Mayor Pro Tempore Vazquez moved to dIrect the CIty Attorney to draft an ordmance to repeal
the sleepmg ordmance. The motion dIed for lack of a second
8-B DEVELOPMENT STANDARDS/Ml AND C5 DISTRICTS. The ordlllance for
llltroductIon and first readlllg extendmg the internn ordmance to nnplement development
standards for portlOns of the Ml and C5 DIstrIct located north of the Santa Momca Freeway and
east of 19th Place Alley was contmued to the meetmg of July 20, 1993.
8-C AUTOMOBILE WASHING FACILITIES' The emergency ordmance for mtroductIon and
adoption establIshmg standards for automobIle washing facilItIes m certain zones on an mtenm
basis was contmued to the meeting of July 20, 1993
8-D: DEVELOPMENT ST ANDARDS/Rl SINGLE-FAMILY The ordmance for llltroductIon
and first readmg amendlllg the Rl S lllg le- famtly development standards of the zomng ordinance
was continued to the meetlllg of July 20, 1993
8-E: PLAN CHECK REVIEW/ON-SITE REFUSE AND RECYCLING FACIliTIES. The
ordmance for llltroduction and first readmg amending Santa Moruca MUillcIpal Code SectIons
9.04 10 and 902 150 establishmg requirements for plan check reVIew for on-SIte refuse and
recyclmg faCIlitIes was continued to the meetmg of July 20, 1993
9-A PROGRAM GUIDELINES/CONDOMINIUM COMPONENT/TORCA' The
recommendation to approve the Program Guidehnes for the condomImum component of the
Tenant OwnershIp RIghts Chaner Amendment Shared AppreciatIon Loan Program and
authonzatIon for the CIty Manager to negotIate and execute agreements and utIhze up to $1 17
mIlhon of avatlable TORCA converSlOn tax revenue for condomImum loans was withdrawn at
the request of staff
9-B REGULATION OF REFUSE, RECYCLING, OR DEMOLITION HANDLING
SERVICES/COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL SECTORS. The
recommendatIon to dIrect the City Attorney to prepare an ordmance reqUIring those who provide
pnvate refuse, recyclmg, or demolItIon handling serVIces to commercIal, InstItutional, and
mdustnal sectors to be regulated through an annual permlt process was contmued to the meetmg
of July 20, 1993
9-C' ZONE CHANGE/REDISTRICTING A PORTION OF A PARCEL FROM Ml TO
C5/1920 COLORADO AVENUE' The recommendatIon of the Planning COImmssIon to approve
Zone Change (ZC 92-001) to allow redIstrtctmg of a portIon of a parcel from the M1 (Industrial
Conservation) DIStnCt to the C5 (SpeCIal Office) DIstrict at 1920 Colorado Avenue was
continued to the meetmg of July 20, 1993.
9-D' CLOSED SESSION' Held at end of meetmg
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lO-A DAMAGED SIDEW AT KS/DRIVEW A YS/CURBS/REMOV AL OF DAMAGED
PAVEMENT /P ARKW A Y AREAS The publIc hearmg on the confmnation of assessment of I
costs to repau damaged sIdewalks, driveways, curbs and remove damaged pavement In the
parkway areas on vanous streets (SR-93-188) was contInued to the meetIng of July 20, 1993.
lO-B ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH COURT
The publIc hearing to establIsh an assessment dIstnct for the reconstructIon of 4th Court between
Colorado Avenue and Broadway, and 9th Court from Olympic Boulevard to 476 feet north was
continued to the meetmg of July 20, 1993
13-A DON CASEY/PUBLIC RESTROOMS IN PARKS The request of Don Casey to address
CouncIl regardmg public restrooms m parks was contmued to the meetmg of July 20, 1993
14-A APPOINTMENTS/BOARDS AND COMMISSIONS The annual appomnnents of
members to Boards and CommIssIons was continued to the meeting of July 20, 1993
15' PUBLIC INPUT' Members of the public Joy Fullmer and Beloved QuaIl expressed their
concerns .
9-D. CLOSED SESSION At 11 30 PM, Council adjourned to Closed SesslOn for the
purpose of considenng the followmg cases 1) Murphy v. City of Santa Monica, et al .
U S D C Case No. CV 91-6753-MRP, 2) Gradney v CIty of Santa Moruca, et al , U S DC
Case No CV 91-6037-LGB, 3) Rubm v. City of Santa Monica, U S D C Case No CV I
93-1255 LGB, and 4) Wave Enterpnses, Inc v City of Santa Momca
Councilmembers Rosenstem and Olsen were excused dunng the Closed Session
At 12 10 AM, CouncIl reconvened WIth all members present except Councllmembers Olsen
and Rosenstein
Councilmember Holbrook moved to approve settlement In the case of Gradney In the amount
of $35,192 Second by Mayor Abdo The motlOn was approved by the following vote
Council vote' Affirmative Councilmembers Genser, Greenberg, Holbrook, Vazquez,
Mayor Abdo
Absent Councllmembers Olsen, Rosenstem
Councllmember Holbrook moved to approve settlement in the case of Murphy In the amount of
$1,350,000 Second by CouncIlmember Greenberg The motion was approved by the foIlowmg
vote
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Councd vote. Affirmative. Councllmembers Genser, Greenberg, Holbrook, Vazquez,
Mayor Abdo
Absent
CouncIlmembers Olsen, Rosenstem
ADJOURNMENT: At 12 12 AM, the meetmg was adjourned to 6:30 PM, July 20, 1993,
m memory of Roberto Franco Mata and Patrick Lippert
ATTEST.
--k~4~
Clarice E Dykhouse
City Clerk
APPROVED
9.L;JJc'
Judy Abdo
Mayor
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July 13, 1993