M-5/1/1990
101
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 1, 1990
An adjourned meeting of the Santa Monica city Council was called
to order by Mayor Zane at 7:38 P.M., on Tuesday, May I, 1990, in
the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember William H. Jennings
(arrived at 8:41 P.M.)
Councilmember Herbert Katz
(arrived at 7:41 P.M.)
councilmember Christine E. Reed
Also Present: city Manager John Jalili
City Attorney Robert M. Myers
city Clerk Clarice E. Johnsen
CLOSED SESSION: Not held.
councilmember Genser led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
8-A: BUSINESS LICENSE TAX: Presented was an ordinance for
introduction and first reading repealing various sections of
Chapters 1 and 2 of Article VI of the Santa Monica Municipal Code
and adding Subchapters lA, lB, and ID to Article VI of the Santa
Monica Municipal Code relating to Business License Taxes. Mayor
Zane initiated discussion and re-stated Councilmember Abdo's
motion to approve the staff recommendation from the meeting of
April 24, 1990, thereby introducing an ordinance for introduction
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING VARIOUS SECTIONS OF CHAPTERS 1 AND 2 OF ARTICLE
VI OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SUBCHAPTERS lA,
lB, lC, AND 10 TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO BUSINESS LICENSE TAXES, II reading by title only and
waiving further reading thereof. The motion was seconded.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Negative: Councilmembers Katz, Reed
Absent: Councilmember Jennings
Councilmember Reed requested the record reflect that she voted
II noli on this item as she does not feel that taxes should be
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102
increased until after determinations have been made on the
proposed municipal budget for fiscal year 1990-91.
Mayor Pro Tempore Finkel moved to direct staff to study and
return with appropriate recommendations regarding the potential
appropriateness of amending the tax formula to make adjustments
for certain professions when there is a disproportionate
pass-through of specific charges directly to clients such as to
skew the relationship between net and gross income; to direct
staff to study the equal protection issues which may be involved;
and the economic impact on the City's capacity to generate
revenues from any such adjustments. Second by Councilmember
Genser. Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
a-B: SANTA MONICA ARTS FOUNDATION/ARTS COMMISSION: Presented
was an ordinance for introduction and first reading amending
Santa Monica Municipal Code Sections 2931 and 2932 and adding
section 2937 relating to the Santa Monica Arts Commission;
approval of Amendment to By-Laws of the Santa Monica Arts
Foundation~ appointments to effectuate the consolidation of the
governing bodies of the Arts Commission and Arts Foundation. At
8: 12 P.M. , Mayor Zane opened the pUblic hearing. Member of the
public Joy Fullmer expressed her concerns. Mayor Zane closed the
public hearing at B:14 P.M. Mayor Pro Tempore Finkel moved to
introduce for first reading an ordinance entitled: !IAN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTIONS 2931 AND 2932 AND ADDING SECTION
2937 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE SANTA
MONICA ARTS COMMISSION," reading by title only and waiving
further reading thereof. Second by Councilmember Katz. The
motion was approved by the following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmemher Jennings
Mayor Pro Tempore Finkel moved that the form of the amendment to
the by-laws of the foundation as set forth in the staff report be
approved to be effective on the effective date of the
accompanying ordinance; that those individuals who are named in
Item 3 of the staff recommendation (Gene Burleson, Patricia
Dougherty, Bruria Finkel, Philip Glusker, Sheila Goldberg,
Michael McCarty, Chuck Workman, and Marvin zeidler) be appointed
commissioners of the Santa Monica Arts commission; and tha t the
individuals set forth in Item 4 of the staff recommendation
(Roger Genser, Charlotte Houghton, Tim Miller, Peter Norton,
Lindsay Shields, and Johanne Todd) be appointed Directors of the
Santa Monica Arts Foundation. Second by Councilmember Katz. The
motion was approved by the following vote:
2 May 1, 1990
103
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
8-C: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Sections 9000.3, 9021.4, and adding Section
9055.13, to implement the County Hazardous Waste Management Plan,
and certification of the EIR review. Council asked questions of
staff. At 8:30 P.M. , Mayor Zane opened the public hearing.
Member of the public Joy Fullmer expressed her concerns. At 8:32
P.M., there being no one else wishing to speak, Mayor Zane closed
the pUblic hearing. Councilmember Genser moved to introduce for
first reading an ordinance entitled: II AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9000.3 AND 9021. 4 AND ADDING SECTION
9055.13 TO THE SANTA MONICA MUNICIPAL CODE TO IMPLEMENT THE
COUNTY HAZARDOUS WASTE MANAGEMENT PLAN," reading by title only
and waiving further reading thereof; and directed staff to return
with a map showing the 2000 foot radius around individual
existing uses in the C5 zoning District, prior to second reading
and adoption of the ordinance. Second by councilmember Ka t z .
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
8-D: ZONING DISTRICT MAPS: Presented was an ordinance for
introduction and first reading adopting Zone Change 34 to amend
the Zoning District Maps by reclassifying a parcel located at
1548 Ninth Street from R3A to MI. At 8:41 P.M., Councilmember
Jennings entered the meeting and took his place at the dais.
Council asked questions of staff. At 8:48 P.M. , Mayor Zane
opened the public hearing. Member of the public Joy Fullmer
addressed Council. Member of the public Stanley Robbins spoke in
support of the reclassification. Members of the public Robert
Dinsmore and Deborah Vaughn spoke in opposition to the proposed
zone change. There being no one else wishing to speak, Mayor
Zane closed the public hearing at 9:01 P.M. Council asked
questions of staff. Councilmember Genser moved to continue this
item, and to direct staff to find a method by which any project
which is built on this site is reviewed specifically by the
Planning Commission to ensure its neighborhood compatibility.
Second by Mayor Pro Tempore Finkel. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Ka t z , Reed, Mayor Zane
At 9:20 P.M., Council adjourned for a recess. At 9:35 P.M. ,
Council reconvened with all members present.
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104
8-E: EXEMPTION TO LANDSCAPE SETBACK: Presented was an ordinance
for introduction and first reading amending santa Monica
Municipal Code section 9041.6(b) to exempt building sites in the
Main street Commercial District from the minimum landscape
setback requirement. At 9:38 P.M., Mayor Zane opened the public
hearing. Member of the public Kevin Kozal spoke in support of
the staff recommendation. Member of the pUblic Joy Fullmer
expressed her concerns. Mayor Zane closed the public hearing at
9:45 P.M. councilmember Katz moved to introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 904l.6 TO EXEMPT BUILDINGS WITHIN THE MAIN STREET
COMMERCIAL DISTRICT FROM THE MINIMUM LANDSCAPE SETBACK
REQUIREMENT," reading by title only and waiving further reading
thereof, and to direct the Architectural Review Board to review
landscaping in individual projects located within the Main street
District when they are presented before the Board for approval.
Second by Councilmember Abdo. The motion was approved by the
fOllowing vote:
Council vote: Unanimously approved 7-0
8-F: PARKING LOT FEES: Presented was an ordinance for
introduction and first reading adding Section 3202A to the Santa
Monica Municipal Code relating to deposit of beach parking lot
fees into honor boxes. At 9: 47 P. M., Mayor Zane opened the
pUblic hearing. Member of the public JOY Fullmer spoke. Mayor
Zane closed the public hearing at 9:50 P.M. Councilmember Reed
moved to introduce an ordinance for first reading entitled: "AN
ORDINANCE OF THE CITY COUNCIL or THE CITY OF SANTA MONICA ADDING
SECTION 3202A TO THE SANTA MONICA MUNICIPAL CODE RELATING TO
DEPOSIT OF BEACH PARKING LOT FEES INTO HONOR BOXES, II reading by
title only and waiving further reading thereof. Second by
Councilmember Katz. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel,
Jennings, Katz, Reed, Mayor Zane
Negative: Councilmember Genser
8-G: INCLUSIONARY HOUSING PROGRAM: Presented was an ordinance
for adoption and second reading amending Santa Monica Municipal
Code Sections 9420, 9421, 9422, 9423, 9424, 9427, 9428, 9429 and
adding Section 9433 relating to the Inclusionary Housing Program.
Mayor Pro Tempore Finke~ moved to adopt Ordinance No. 1519 (CCS)
entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9420, 9421,
9422, 9423, 9424, 9427, 9428, AND 9429 AND ADDING SECTION 9433 TO
THE SANTA MONICA MUNICIPAL CODE RELATING TO THE INCLUSIONARY
HOUSING PROGRAM, If reading by title only and waiving further
reading thereof. Second by Councilmember Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
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105
Negative: Councilmember Jennings, Katz, Reed
Councilmember Reed requested that the record reflect that she
voted "no" on this issue based on her belief that the appropriate
nexus studies have not been performed in accordance wi th the
Noland decision and other case law, and the lack of an
environmental impact assessment is a major defect to the
enactment of this ordinance.
Il-B: BAYS AVER REBATE PROGRAM: Presented was a staff report
transmitting a resolution implementing a conservation incentive
fee for the BAYSAVER plumbing fixture rebate program. Council
asked questions of staff. At 10:00 P.M., Mayor Zane opened the
public hearing. Member of the public Joy Fullmer spoke. Members
of the public Simon LeDuff and John Jurenka spoke in opposition
to the staff recommendation. There being no one else wishing to
speak, Mayor Zane closed the public hearing at 10:19 P.M. Mayor
Pro Tempore Finkel moved to adopt Resolution No. 8012(CCS)
entitled: f1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING A CONSERVATION INCENTIVE FEE FOR THOSE WATER
CUSTOMERS WHO DO NOT REPLACE EXISTING PLUMBING FIXTURES WITH
ULTRA LOW FLOW TOILETS AND LOW FLOW SHOWERHEADS, II reading by
title only and waiving further reading. Second by Councilmember
Genser. Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmember Katz, Reed
Councilmember Katz requested that the record reflect that he
voted "no" on this issue as he feels that this is not an approach
to conservation, but rather a tax.
Councilmember Reed requested that the record reflect that she
voted "no" on this issue because she cannot support the punitive
nature of this revenue-raising recommendation.
12-A: APPEAL OF DENIAL OF OR 88-005( CUP 88-019, VAR 88- 012(
RPP 89-009/0FFICE BUILDING/NW CORNER OF PICO BOULEVARD AND OCEAN
AVENUE: Presented was an appeal of Planning commission denial of
DR 88-005, CUP 88-019, VAR 88-012, RPP 89-009, for development of
a three-story, mixed commercial office building constructed over
a four-level subterranean parking garage located on the northwest
corner of pico Boulevard and Ocean Avenue. Applicant/Appellant:
Sage Institute representing Ocean Avenue Plaza Associates.
Council asked questions of staff.
Applicant/appellant Joel Kirschenstein spoke in support of the
appeal. Richard Solberg spoke in support of the appeal. council
asked questions of applicant/appellant. Members of the public
Robert Hansen and Stephanie Barbanell spoke in opposition to the
appeal. Councilmember Genser moved to extend the meeting to
12:00 A.M. Second by Mayor Pro Tempore Finkel. The motion was
approved, councilmember Reed opposed. Members of the public Levi
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106
Singer, Diane simpson, Heide Franke, John Krause, Marcel GeIsen,
Sally Reinman, Dayle Kerry, Bill Myers, and Paul Rosenstein spoke
in opposition to the appeal. Applicant/appellant Joel
Kirschenstein rebutted comments made by members of the pUblic.
Councilmember Katz moved to uphold the Planning commission and
deny this project with the findings set forth in the Commission's
statement of Official Action. Second by Councilmember Reed. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
At 11:32 P.M., Councilmember Reed was excused from the meeting.
13-A: CIVIC IMPROVEMENTS/REVENUE BOND: The request of Michael
E. Hill to address council regarding specific civic improvements
and a suggested revenue bond to be placed on the November 1990,
ballot was withdrawn at Mr. Hill's request.
14-A: TROPICAL TIMBER: The request of Mayor Pro Tempore Finkel
to discuss directing City Attorney to prepare an ordinance
banning the use of tropical timber in municipal buildings was
continued to the meeting of May S, 1990.
14-B: CONOOMINIUM TAX: The request of Mayor Zane to discuss
increasing condominium tax was continued to the meeting of May 8,
1990.
14-C: WATER CONSERVATION TAX CREDIT: Presented was the request
of Councilmember Reed to discuss support of 5B1520 to establish a
water conservation tax credit. Councilmember Katz initiated
discussion and moved to express Council's support for SB1520 and
requested an amendment that taxpayers who have received rebates
of $100 from pUblic agencies for the installation of ultra low
flow toilets are not eligible for the tax credit. Second by
Mayor Zane. The motion was unanimously approved, Councilmember
Reed absent.
14-0: RENT CONTROL REFORMS: The request of Mayor Zane to
discuss Rent Control reforms was continued to the meeting of May
8, 1990, at the Mayor'S request.
CLOSED SESSION: At 11: 35 P. M., Council adj ourned to Closed
Session for the purpose of discussing personnel matters and the
following litigation: Yoakum, et ale v. City of Santa Monica,
Santa Monica Superior Court Case No. WEC lOl 646. At 11:50 P.M.,
Council reconvened. Mayor Zane moved to approve a settlement in
the amount of $387,500 in the case of Yoakum et ale Second by
Councilmember Abdo. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Abdo, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmembers Finkel, Reed
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107
ADJOURNMENT: At 11:50 P.M., the meeting was adjourned.
ATTEST: APPROVED:
~a f)~ J~
Clarice E. Joh Dennis Zane
city Clerk Mayor
7 May 1, 1990