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M-4/17/1990 91 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 17, 1990 The adjourned meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:41 P.M., on Tuesday, April 17, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmemher Ken Genser Councilmember William H. Jennings Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: city Manager John Jalili City Assistant City Attorney Joseph Lawrence city Clerk Clarice E. Johnsen CLOSED SESSION: Not held. councilmemher Reed led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. PRESENTATIONS: Mayor Zane presented a special award trophy to the City of Santa Monica on behalf of the California Association of Local Economic Development for the city's efforts in revitalizing the Third street Promenade. a-A: INCLUSIONARY HOUSING PROGRAM: Presented was a staff report transmitting an ordinance amending Santa Monica Municipal Code Sections 9420, 9421, 9422, 9423, 9424, 9427, 9428 and 9429 relating to the Inclusionary Housing Program, continued from the April 3, 1990 Council meeting. Mayor Pro Tem Finkel moved to re-open the public hearing for the purpose of hearing those individuals who did not speak at the last hearing. Second by Councilmember Katz. The motion was unanimously approved. council asked questions of staff. At a: 16 P. M., Mayor Zane declared the public hearing re-opened. Councilmember Abdo moved to hear all speakers for two minutes each. Second by Councilmember Genser. The motion was unanimously approved. Members of the public James Baker, Ken Elias, Jim Wilson, Jacquie Banks, Allen Nicholson, Nathan Pratt, Evelyn Salem, Thomas Miller, Leah Mendelsohn, Joy Throssell, Tina Lopez, Karl Schober, John Jurenka, Carolyn Guillot, Chris Harding, R. J. Garrett, Carl Lambert, Kathleen Mulcahey, and Felicia Lipps spoke in opposition to the revision of in-lieu fees. Members of the public Joy Fullmer and Roman Bruno expressed their views. Councilmember Katz moved to hear late speakers. Second by Councilmember Reed. The motion was unanimously approved. Member of the public Rosario Perry spoke in opposition to the revision of in-lieu fees. Mayor Zane closed the public hearing at 9:30 P.M. I April 17, 1990 92 At 9:30 P.M., Council adjourned for a short recess. P.M., council reconvened with all members present. Councilmember Abdo moved to introduce an ordinance for first reading entitled: "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 RELATING TO THE INCLUSIONARY HOUSING PROGRAM," reading by title only and waiving further reading thereof, with the following Changes: At 9: 58 1) The applicability dates shall be changed to "on or after March 27, 1990:" 2) A traditional rounding method shall be used (round up at .5 and give preferential treatment to the low income inclusionary unit when rounding down); 3) The fee shall be changed from $22 to $15. The $15 to be the inlieu fee for the City. The School District fee is to be added separately to that; 4) That Program 12 fees be credited against future Program 10 fees; 5) The ordinance shall include duplexes: 6) staff be directed to create a list of people who are eligible for the actual inclusionary units that are built. Second by Mayor Pro Tem Finkel. Discussion was held. At Council consent, paragraph 3, page 8 as deleted from the ordinance and staff was directed to return by the first meeting in January 1991, or earlier, with a permanent ordinance. Further discussion was held. Councilmember Genser moved to amend the motion to delete the eligibility list and certify individual tenants as meeting eligibility requirements. The amendment was accepted as friendly. Councilmember Genser moved to delete credit for Program 10 fees from the main motion. The motion died for lack of a second. Mayor Pro Tempore Finkel moved to continue the meeting to 11:30 P.M. Second by Councilmember Genser. The motion was unanimously approved. The motion, to introduce the ordinance as amended, was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Genser, Mayor Zane Finkel, Negative: Councilmembers Jennings, Katz, Reed Councilmember Jennings requested that the record reflect that he voted IIno" on this issue because he does not feel that CEQA (California Environmental Quality Act) has been complied with. councilmenlber Katz requested that the record reflect that he voted "no" on this issue because he feels that it would be negligent to support this motion when proper baCk-Up work has not been completed. Councilmember Reed requested that the record reflect that she voted "noli on this issue based on her belief that the appropriate nexus studies have not been performed, in accordance with the 2 April 17, 1990 93 Noland decision and other case law, and that she concurs with councilmember Jennings that the lack of an environmental impact assessment is a major defect to the enactment of this ordinance. 8-B: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: An Ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 9000.3, 9021.4, and 9055.13, implementing the County Hazardous Waste Management Plan was continued to the meeting of April 24, 1990. ~l-B: CLOSED SESSION: Not held. 14 -A: COUNCIL RULES AND PROCEDURES: meeting. Held at the end of the 14-B: LEAF-BLOWERS: Presented was the request of Mayor Zane to discuss the use of leaf-blowers by gardeners in the City. Councilroember Genser moved to hear members of the public wishing to speak regarding this item. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Members of the public Roy Imazu and Frank Obayashi spoke in opposition to a ban on leaf-blowers. Discussion was held. No Council action was taken on this item. At the consent of council, this matter will be considered at the same time as the revision to the Noise Element of the City's General Plan. 14-C: THIRD STREET MALL SPECIFIC PLAN/ZONING ORDINANCE: Mayor Zane withdrew his request to discuss the resolution of a conflict between the Third street Mall Specific Plan and the Zoning Ordinance as it pertains to a proposed project at 1259 Third street Promenade. 14-D: USE OF COUNCIL CHAMBERS BY U. S. CENSUS BUREAU: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by the united States Census Bureau on May 4, 5, and 6, 1990. Councilmember Genser moved to waive the fee for this use. Second by councilmember Abdo. The motion was unanimously approved. 14-E: RECONSIDERATION OF APPEAL/CUP 89-072 AND TPM 21640/1109 16TH STREET: Presented was the request of Councilmember Katz to reconsider Council's action concerning an appeal of the Planning Commission condition of approval for CUP 89-072 and TPM 21640, 1109 16th Street. counci1member Katz initiated discussion regarding this matter. Councilmember Abdo moved to reconsider Council's action regarding this matter. 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 Mayor Pro Tempore Finkel moved to extend the IDeeting for an additional ten minutes. Second by Councilmember Katz. The motion was unanimously approved. 3 April 17, 1990 94 14-A: COUNCIL RULES AND PROCEDURES: Presented was the request of Mayor Zane to discuss changes in City Council rules and procedures directed at streamlining Council meetings. Mayor Zane initiated discussion regarding this item. Councilmember Genser moved to extend the meeting to 11:50 P.M. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmembers Katz and Reed opposed. Mayor Pro Tempore Finkel moved to direct Mayor Zane to develop a list of options for council consideration. Second by Councilmember Reed. With the consent of council, Mayor Zane was directed to develop a list for submission to Council for their consideration. 15. PUBLIC INPUT: Member of the public Nathan Pratt spoke on behalf of the Santa Monica Bay Restoration Project and in support of a ban on leaf blowers. Member of the public Joy Fullmer addressed council. ADJOURNMENT: At 11:54 P.M., the meeting was adjourned. ATTE~ , '1 ~~~ ~' Clarice E. Johns City Clerk APPROVED: I?~z~r- Mayor 4 April 17, 1990