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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.
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April 17, 1990
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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
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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.
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April 17, 1990
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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
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April 17, 1990