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M-12/17/1985 369 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 17, 1985 An adjourned meetIng of the Santa Monlca Clty Council was called to order by Mayor Reed at 6:05 P.('v1., on Tuesday, December 17, 1985, in the Council Chambers. Roll Call: Present: Mayor Chrlstlne E. Reed Mayor Pro Tempore Wllllam H. JennIngs (entered after Roll Call) Councllmember James P. Conn Councllmember Davld G. Epsteln Councllmember Alan S. Katz (entered after Roll Call) Councllmember Herb Katz Councllmember Dennis Zane Also Present: CIty Attorney Robert M. Myers CIty Clerk Ann M. Shore CLOSED SESSION: Presented was a request for Closed SeSSIon, for the purpose of conslderlng personnel matters and threatened lltigatlon, pendlng litlgatlon and Iltigatlon to be commenced by the Cl ty. At 6: lOP. M., Councllmember Epsteln moved to adJ ourn to Closed SeSSIon to cons1der the following pending cases: People v. the Beach C1 ub, et. al., Santa MonIca Super lor Court Case No. WEC 42544; Paul M. VanArsdell, Jr. v. Clty of Santa Monlca, Los Angeles SuperIor Court Case No. C 565342; Santa Monlca MunICIpal Employees ASSOCIatIon v. City of Santa Monlca, et.al., Los Angeles Superior Court Case No. C 562708; and GumercInda PadJ.lla v. Clty of Santa Monica Superlor Court, Case No. WEC 08884. Second by Counc Ilmember Conn. The mot 10n was unanlmously approved. CouncIl reconvened at 7:30 P.M. Councllmember A. Katz moved to approve settlement ln the case of Padllla v. -Clty In the amount of $12,500. Second by Counc llmember Conn. The motlon was approved by the following vote: Council vote: UnanImously approved 6-0 Absent~ Councllmember Zane ADJOURNMENT: At 7:30 P.M., Councllmember Epsteln moved to adjourn to the adjourned regular Council meeting. Second by Councllmember Conn. The motlon was unanlmously approved. 1 December 17, 1985 I I I I .5/U ADJOURNED REGULAR CITY COUNCIL MEETING: A meetlng of the Santa MonIca Clty Councll was called to order by Mayor Reed at 7:30 P.M. Councllmember H. Katz led the assemblage ln the pledge of alleglance to the United States of Amerlca. Roll Call: Present: Mayor Chrlstlne E. Reed Mayor Pro Tempore WIlllam H. JennIngs Councllmember James P. Conn Councllmember DaVId G. EpsteIn Councllmember Alan S. Katz Councllmember Herb Katz Councllmember Dennls Zane Also Present: CIty Attorney Robert M. Myers CIty Manager John Jallll CIty Clerk Ann M. Shore Councllmember EpsteIn moved Second by Councllmember H. approved. to add Item 11-C Katz. The motIon to was the agenda. unanImously Councllmember Epsteln moved to suspend the rules and allow the members of the publlC testIfYlng on all ltems, except the appeal, to speak for two mlnutes each so that everybody gets an equal chance to address the Counc 11. Second by Councllmember Conn. DISCUSSIon was held. The motIon was approved by a vote of SIX to one, Councllmember Zane opposed. ADJOURNED SPECIAL JOINT MEETING OF CITY COUNCIL AND THE REDEVELOPMENT AGENCY At 7:40 P.M., a speclal JOInt meeting of the City Councll and the Redevelopment Agency was called to order by Chalrperson Reed. Roll Call: Present: Chalrperson Chrlstine E. Reed Chalrperson Pro Tempore WIlllam H. JennIngs Agency Member James P. Conn Agency Member Davld G. Epsteln Agency Member Alan S. Katz Agency Member Herb Katz Agency Member DennIS Zane Also Present: Executlve Secretary John Jallll Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore CC/RA-1: APPROVAL OF NINUTES: Presented for approval were the mlnutes of the Redevelopment Agency meetIng held on November 26, 1985. Councllmember Conn moved to approve the mlnutes as presented. Second by Councilmember Zane. The motlon was unanImously approved. 2 December 17, 1985 .:$/.L CC/RA-2: THIRD STREET MALL/DOWNTOWN REDEVELOPMENT PROJECT: Presented was a staff report transmlttlng resolutlons to determine Thlrd Street Mall parklng and publlC improvements to be of beneflt to the Downtown Redevelopment ProJect, thereby provldlng the future option to expend Downtown tax increment for the Third Street Mall Plan or dedlcate funds for productIon of low-moderate lncome housIng. D1SCUSSlon was held. Members of the publlC DorlS Ganga, KarIn Pally, Davld FInkel, Dolores Press, and Mlchael Hlll spoke ln support of low-moderate hOUSIng funds. DIScuSSIon was held. Agency Member EpsteIn moved to approve the staff recommendatlon, thereby-' adoptlng the Resolutlon and approvlng the Agreement. Second by Chairperson Reed. D1Scusslon was held. Agency Member Zane moved a SubStl tute motIon to ask staff to reagendIze thlS ltem In February. Second by Member Conn. D1SCUSSlon was held. Durlng dlScusslon, Chalrperson Reed ruled that the SubstItute motlon IS a motion to table the Item to a speCIfIC tlme. D1ScUSSlon was held. Member Zane moved to overturn the rullng of the ChaIr. D1Scusslon was held. The motIon to overturn the rulIng of the Chalr falled for lack of a second. Member Conn withdrew hIS second to the Substltute motlon, thus the Substltute motIon to reagendlze lU February falled for lack of a second. Dl SCUSSlon was held. Member Zane moved to amend page 2, sect lon 1 of the Agency resol Utl on, to read Instead "It IS hereby determIned.. .that the parking and public Improvements constructed... by the Cl ty. .. are of benefl t insofar as the fInal plan; the speCIfIC plan area of the downtown shall reqUire that at least 20% of the annual tax lncrement revenues from the down town proJ ec t area be comml t ted to the productIon of hOUSIng on the mall, lncludlng costs of slte acqulsltlon, rehabllltatlon or new constructlon." Second by Member Conn. D1Scussion was held. Member A. Katz moved an amendment, whIch instead of tYlng lnto the tax lncrement, wIll tIe Into the duratIon of the speclflc plan, and Instead of maklng 1 t 20% annually, to make It 20% of the total spent dur lng the speCIfic plan. DIScusslon was held. Member A. Katz's motlon falled for lack of a second. D1ScusSIon was held. The amendment to the motIon falled by the followlng vote: Agency vote: Afflrmatlve: Members Conn, A. Katz, Zane Negatlve: Members Epsteln, Jennlngs, H. Katz, Chalrperson Reed The motlon to approve Redevelopment Agency Resolutlon No. 401 (RAS) entl tled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY DETERMINING CERTAIN PARKING AND PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND DETERMINING THAT NO OTHER REASONABLE MEANS OF FINANCING SAID PARKING AND PUBLIC IMPROVEMENTS IS AVAILABLE TO THE CITY OF SANTA MONICA; AUTHORIZING THE PAYMENT BY THE AGENCY TO THE CITY OF SANTA MONICA OF THE COST OF CONSTRUCTION AND INSTALLATION OF SUCH PARKING AND PUBLIC IMPROVEMENTS; AND APPROVI NG AND AUTHORIZING 3 December 17, 1985 I I I I ",'<:: THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND AGENCY", was approved by the folloWIng vote: Agency vote: Afflrmatlve: Members EpsteIn, A. Katz, H. Katz, ChaIrperson Reed NegatIve: Members Conn, JennIngs, Zane Member Conn requested the record to reflect the followlng: "I believe that this tax Increment money from the downtown redevelopment proJect should be set aSIde for hOUSIng to mltlgate the lmpact of this commerclal development on the housing market in thIS Clty." Member Zane requested the record to reflect the followlng: "My commItment to the flnanclng of the Mall remaIns strong but there's no need to take thlS actlon at thlS tlme and Clrcumvent the Intent of the State law. We could take It later and achIeve both fleXlblllty and commitment to the Mall." Councllmember" EpsteIn moved to approve Cl ty Council ResolutIon No. 7135( CCS) ent 1 tl ed: "A RESOLUTION OF THE CITY COUNCIL OF SANTA MONICA DETERMINING CERTAIN PARKING AND PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND DETERMINING THAT NO OTHER REASONABLE MEANS OF FINANCING SAID PARKING AND PUBLIC IMPROVEMENTS IS AVAILABLE TO THE CITY; CONSENTING TO THE PAYMENT BY THE SANTA MONICA REDEVELOPMENT AGENCY OF THE COST OF CONSTRUCTION AND INSTALLATION OF SUCH PARKING AND PUBLIC IMPROVEMENTS i AND APPROVING AND AUTHORIZING EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE AGENCY AND THE CITY", readlng by tItle only and waIVIng further readIng thereof, thereby approving Contract No. 4624(CCS), a cooperatlon and reImbursement agreement for the constructlon of publlC lmprovements between the Agency and the CI ty. Second by Mayor Reed. The motIon was approved by the followlng vote: CounCIl vote: Afflrmatlve: Councllmembers Epsteln, A. Katz, H. Katz, Mayor Reed Negatlve: Councllmembers Conn, Jennlngs, Zane Councllmembers Conn and Zane requested the record to reflect the same statements as above. eel RA-3: REDEVELOPMENT AGENCY PROMISSORY NOTES EXTENSION: Presented was a staff report recommendlng approval of extension of tlme for outstandlng Promlssory Notes for funds loaned to the Redevelopment Agency for the Downtown and Ocean Park ProJects. D1SCUSSlon was held. Councllmember Epsteln moved to approve renewal of the SlX loans to the Redevelopment Agency and accept t he attached Pr omlssory Notes, and further to d lrect staff as part of the budget process to report regardlng a repayment 4 December 11, 1985 3/3 schedule of same. Second by Councl1member Conn. DIScusslon was held. The motIon was approved by the followlng vote: Council vote: Unanlmously approved 7-0 Agency Member A. Katz moved to approve and authorize the Chalrperson to exe~ute the sli- attached Promlssory Notes between the Agency and the Clty, extendlng the loans for the 1986 calendar year. Second by Member Epstein. The motlon was approved by the followlng vote: Agency vote: Unanimously approved 7-0 C C/ RA-4: REDEVELOPMENT AGENCY 1984-85 A NNUAL REPORT: Presented was a staff report transmIttlng the 1984-85 Annual Report for the Redevelopment Agency and an lndependent flnanclal audIt for flscal year 1984-85, pursuant to Health and Safety Code Sectlons 33020.2-33080.4. D1SCUSSlon was held. A!;?;ency Membe!,_ EpsteIn moved to approve the staff recommendatlon, thereby adoptlng the Annual Report and dlrectlng the ExecutIve DIrector to submit the report and attachments to the State of Callfornla, Houslng and COIDmunlty Development Department. Second by Member H. Katz. The motlon was unanlmous1y approved. ADJOURNMENT: At 9: 55 P. M., Member Ep steln moved to adJourn the Redevelopment Agency Meetlng. Second by Member Conn. The motIon was unanimously approved. CITY COUNCIL MEETING RECONVENED At 9:55 P.M., CounCIl reconvened WIth all members present. The followlng ltems were consldered, haVIng been added or contlnued from the CounCIl meetlng of December 10, 1985. CONSENT CALENDAR: The Consent Calendar was presented whereby all ltems are considered and approved ln one motion unless removed from the Calendar for dlSCUSSlon. Councl1member Epsteln moved .to approve the Consent Calend ar Wl th the exceptIon of Item 6-M, readIng resolutlons and ordInances by tItles only and walving further read lng thereof. Second by Counc llmember H. Katz. The motlon was approved by the followlng vote: Council vote: UnanlIDously approved 7-0 6-A: APPROVAL OF MINUTES: The rnlnutes of the CIty CounCIl meetIng held on November 26, 1985, were approved. 6-L: ZONING ORDINANCE TIME SCHEDULE: The proposed tIme schedule for adoptlon of the Zonlng Ordlnance Text and subsequent Zonlng Dlstrlct reclasslflcatlons was approved. 6-P: BIDS FOR HEAVY EQUIPMENT: A recommendatIon was approved to reject bId requests Nos. 2020, 2024, 2027, and 2029 for staff to 5 December 17, 1985 I I I I J/4 take the administratIve actions specified, and all equlpment items be readvertlsed and rebid. END OF CONSENT CALENDAR 6-M: PARKING STRUCTURE NO. 2/COMMERCIAL SPACE LEASE: Presented was a staff report recommendIng the CIty Manager be authorIzed to negotlate and execute two leases for 4636 square feet of commerCial space In Downtown Parklng Structure No. 2 pursuant to the terms outlIned in the report. Councllmember Jennlngs Introduced d lSCUSSlon. Mayor Reed moved to approve the staff recommendatlon, thereby authorlzlng the Clty Manager to negotlate and execute commerclal leases conslstent wlth the terms outllned ln the report dated December 17, 1985, approv lng Contract No. 4652(CCS) wlth ITAL ART, and Contract No. 4626(CCS) wlth OCUMICHO. Second by Councllmember Epsteln. The motlon was approved by the folloWIng vote: CounCil vote: UnanImously approved 7-0 8-A : REVOLVING DOOR POLICY: Pr esented was a publlC hearing, a staff report, and a suppl ement al staff report transmIt t 1 ng an ordlnance for lntroductlon and fIrst readlng addIng Chapter 1.5 to ArtIcle II of the Santa Monica Munlclpal Code relatIng to a Revo1vlng Door POlICY to regulate certain conduct and actIvIties of specIfied employees and offIcials upon termlnatlon of thelr employment or term of offlce. D1Scusslon was held. The publlC hear 109 was dec 1 ared open. There be lng no one wIshlng to speak to the matter, the publlC hear 1 ng was decl ar ed closed. D1Scusslon was held. Councllmember H. Katz moved to Introduce the ordInance entItled: "AN OR6INANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 1.5 TO ARTICLE II OF THE SANTA MONICA MUNICIPAL CODE CONCERNING DISQUALIFICATION OF FORMER CITY OFFICERS AND EMPLOYEES", readIng by tltle only and walvlng further readlng thereof, and lncludlng Alternative Numbers 1 (page 3) and 3 (page 8) of the Supplemental Staff Report. (AI ternat lve 1 would llml t lndeflnl te restrIctIons relatlng to former Clty employees; A1ternatlve 3, relatlng to CIty offlclals, lS slmllar to Alternatlve 1 except that subdlvlslon (c) has been reVIsed to lImIt appearance during the sIx-month perIod only before the body on which the offICIal served). Second by Councllmember Epsteln. DIScussion was held. Councllmember Zane moved to dlrect the CIty Attorney to draft language to narrow the scope to thIngs from WhICh a person lS prohlblted from testIfYlng or lobbYlng to, such as permIts, contracts, and ltems that lnvolve permlts to develop or fInanclal remuneratlon for the emplOYIng party. DISCUSSIon was held. The motlon falled for lack of a second. Durlng dlScusslon, Cl ty Attorney Myers read Into the record the followlng changes, pursuant to Councilmember H. Katz's motion, to be made on page 2 of the ordlnance, regardlng purpose and findlngs: startIng With the sentence on the top of page 2 that reads "Former City employees", the sentence should read "Former City employees would be completely 6 December 17, 1985 375 barred from such representatlon, whether compensated or not, for two years fol1owlng employment. CI ty offICIals would be prohlblted from such representatIon only lf done for compensation, and only for a sIx-month perlod. In addltlon, thlS ordlnance would prohlblt the deSIgnated former Clty employees and I offlClals from engaglng ln any compensated 10bbYlng or advocacy actIvitIes before specIfled bodIes and for a specIfIed tIme perlod followlng termInatlon of employment or offIce". The motlon to Introduce the ord lnance, as amended, was approved by the follOWIng vote: CounCIl vote: Afflrmatlve: Councilmembers Conn, Epsteln, JennIngs, A. Katz, H. Katz, Mayor Reed NegatIve: Councllmember Zane Councllmember Zane requested the record to reflect that the ordlnance unduly constraIns publIC offlClals from speaklng out on matters of general concern after they leave offlce. 8-B: ALCOHOL-SERVING BUSINESSES: Presented was a publlC hearlng and a staff report transmlttlng an emergency ordInance for lntroductlon and adoptIon extendlng for one year a Condl tlonal Use Permit for alcoho1-servlng buslnesses. D1ScusSlon was held. The pub11C hearlng was declared open. There being no one wlshlng to speak, Cou~cllme~ber EpsteIn moved to close the publlC hearIng. Second by CounclTme-mber Conn. The motlon was unanlmously approved. Councllmember Epsteln moved to lntroduce and adopt Ordlnance No. 1352(CCS) entltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE EXPIRATION DATE OF ORDINANCE NUMBER 1319(CCS) (WhICh establlshed an InterIm Condltlonal Use Permlt Approval Process for new and eXlstlng alcohol-serving buslnesses) AND DECLARING THE PRESENCE OF AN EMERGENCY, " read lng by t 1 tl e onl y and waIVIng further read lng thereo f . Second by Counc llmember Zane. The mot lon was approved by the follOWIng vote: Councll vote: Unanlmously approved 7-0 8-C: FAIR ELECTION PRACTICES COMMISSION: Presented was a publiC hearlng and a starf report transmlttlng an ordlnance for lntroductlon and flrst readlng abollshlng the Falr Electlon Pr actlces Comml SSlon. Dl SCUSSlon was held. The publlC hear lng was declared open. Members of the publlC DanIel Cohen and Lacy Goode spoke ln opposi tIon to the staff recommendatlon. There belng no one else wlshlng to speak, a motion was made, duly seconded, and un an lmousl y approved to close the publlC hear ing. D1Scusslon was held. Councllmember Conn moved to table the Item to the January 28, 1986 meetIng. Second by Counc llmember Zane. The motlon was unanlmously approved. I 7 December 17, 1985 I I jIb 8-F: SATELLITE DISH ANTENNAS: Presented was a public hearing and a staff report transmitting an emergency ordlnance for lntroductlon and adoption providlng interim regulations for satelllte dish antennas. Discussion was held. The pUblic hearlng was declared open. There beIng no one wlshlng to speak to the matter, Councllmember H. Katz moved to close the publlC hearIng. Second by Councllmember Epsteln. The mot~on was unanImously approved. Councllmember H. Katz moved to Introduce and adopt Emergency Ordlnance No. 1353CCCS) entltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9516 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR INTERIM REGULATION OF SATELLITE DISH ANTENNAS AND DECLARING THE PRESENCE OF EMERGENCY", readIng by tItle only and walvlng further read ing thereof. Second by Mayor Reed. Dl scuss lon was held. Councllmember EpsteIn moved an amendment to be added to sectIon Cd) to say: "thlS ordlnance shall explre on January 1, 1987 and after that date shall be of no further force and effect". Second by Mayor Reed. Dl SCUSSlon was held. Counc Ilmember Conn moved a SUbStl tute mot lon that thl slaw lS on the books un tll It lS superceded by the red raft lng of the ord lnance. D1SCUSS ion was held. The substItute motIon fal1ed for lack of a second. Durlng d 1 Scusslon, Cl ty At torney Myers requested the amend ed language, pursuant to Councllmember Epsteln' s mot ion, to read as follows: "thlS sectlon shall remain In effect untll January 1, 1987, after WhlCh tlme It shall be of no further effect and shall be deemed repealed." The amendment to the motlon falled by the following vote: Councll vote: Afflrmatlve: Councilmembers Epsteln, JennIngs, Mayor Reed Negatlve: Councllmembers Conn, A. Katz, H. Katz, Zane The mot lon to In troduce and adopt the emergency ord Inance was approved by the follOWIng vote: Councll vote: Afflrmatlve: Councllmembers Conn, Jennings, A. Katz, H. Katz, Zane, Mayor Reed Negatlve: Councl1member Epsteln Councllmember Epstein requested the record to reflect the fo!lowlng: "It's because I belIeve a) there IS no emergency, and b) because I'm reluctant to add any further dlscretlonary review wlth regard to anythIng In thlS CIty." D1ScusSlon was held. Councllmember H. Katz moved to request staff to communIcate to the PlannIng Commlsslon that they combIne the satelllte dlSh antenna conSideratIons WIth the zonlng ordlnance conslderatlons. The motlon was duly seconded and unanlmously approved. 8 December 17, 1985 377 11-A: NATURAL ELEMENTS SCULPTURE PARK: Presented was a staff report recommendlng approval of 'SItIng and fundlng of artworks for a Natural Elements Sculpture (NES) Park along the beach front, and an oral report by staff suggesting that the Art Tool (roller) and the Beach Chairs go forward lnltlally and addltlonal Informatlon and funding be obtaIned before going ahead Wl th the I Solar Web. DISCUSSlon was held. Members of the publlC Llndsay Shlelds, Max BenaVIdez, Brurla Flnkel, Madelln COlt, J. Marx Ayres, Lloyd Hamrol, Ruth I skIn, Adam Fr led son, J II Abramsky, Browne GoodWIn, Paul Leaf, Shella PInke1, and Elalne Hoffman, spoke ln support of the staff recommendatlon. Paul a Boelsems spoke in Opposltlon to the staff recommendatIon. DIScusslon was held. Mayor Pro Tempore JennIngs moved to approve the staff recommendatlon, thereby 11 approvlng the sltlng and fundlng of the Art Tool and Beach Chalrs as the lnltlal artworks for a Natlonal Elements Sculpture (NES) Park, lncludlng the Solar Web ln the hopper, the optlon open for lt to be consldered at a later tlme, 2) authorlzlng staff to prepare and submit an appllcatlon for a coastal perml t for the approved artworks, and 3) authorizlng staff to prepare and submIt an applIcatIon to the Art ln PubllC Places Program of the Natlonal Endowment for the Arts for the approved artworks. Second by Councl1member H. Katz. D1Scusslon was held. Councllmember Epstein moved a SubstItute motlon to move forward wlth the Solar Web after approprlate safety reVlew and consul tatlon Wl th the artlst, and adopt the other two as the next proJects ln the pIpelIne. The substItute motlon falled for lack of a second. D1SCUSSlon was held. Councllmemb~r EQste~p_moved an amendment to the motlon to dIrect the staff, at the tlme of the mld-year budget revlew, to report on whether any fundIng optlons eXIst for the solar web. Mayor Pro Tempore JennIngs accepted the motlon as frlendly, thereby lncorporating lt Into the maIn motlon. The maIn motIon, as amended, was approved by the followlng vote: Councll vote: AffIrmatlve: Councllmembers Conn, EpsteIn, JennIngs, A.Katz, H. Katz, Zane Negatlve: Mayor Reed Mayor Reed requested the record to reflect the followlng: "I do not want to vote to endorse ln any way a contlnuing dlScusslon on the Solar Web untll the publIC lIabIlity questions have been answered satisfactorIly, and they haven't." D1Scusslon was held. Mayor Pro Tempore Jennlngs moved to dlrect the Arts Commlsslon and the Recreation and Parks Commission to negotlate a treaty between themselves as to how they are gOIng to lnteract from now on. Di SCUSSlon was held. The motIon falled for lack of a second. Mayor Pro Tempore JennIngs moved to dlrect the Percent for the Arts CommIttee to report on the general standards to be applled wIth respect to the artworks they are conslderlng. DIScusslon was held. The motlon fa lIed for lack of a second. I 9 December 17, 1985 I I .j/~ At 10:45 P.M., Councllmember H. Katz moved to extend the meetIng. Second by CouncI1member Conn. The motion was unanlmously approved. 11-B: CIVIC AUDITORIUM CONCERT EVENTS: Presented was a staff report recommending the Cl ty Manager be authorIzed to negotIate an agreement wlth Avalon Attractlons regardlng the presentatIon of cer t a ln concert events at the Cl v IC Aud I tor 1 urn. DISCUSSIon was held. Councllmember Zane moved to approve the staff recommendatlon, thereby authorlzlng the CIty Manager to negotlate and enter In to an agreement with Avalon At tractlon s, Wl thl n the parameters descrlbed in the staff report dated December 10, 1985. D1SCUSSlon was held. The motlon was duly seconded and approved by the followlng vote: Councll vote: Unanlmously approved 7-0 l1-C: AIRPORT/INDUSTRIAL DEVELOPMENT BONDS: Presented was a staff report transmltting two resolutlons relatlng to the Clty'S authorl ty to lssue Indu str 1 al Development Bond s for Fl xed Base Operator faCllltles at the AIrport. DIScUSSIon was held. Councllmember EpsteIn moved to adopt 1) Resolutlon No. 7136(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE REVENUE BONDS FOR CERTAIN AIRPORT FACILITIES", readlng by tltle only and walvlng further reading thereof, and 2) Resolutlon No. 7137(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA ELECTING TO CARRY FORWARD ITS PRIVATE ACTIVITY BOND LIMITATION", reading by tItle only and waIvlng further readIng thereof. The motion was duly seconded and approved by the followlng vote: CounCIl vote: Unanlmously approved: 7-0 11-D: CLOSED SESSION: Consldered earller ln the evenIng. 12-B: AUTO DEALERSHIP AT 1801 SANTA MONICA BOULEVARD: Presented was a staff report regardlng an appeal of PlannIng Commlsslon approval of Kramer Motors project at 1801 Santa Monica Boulevard (DR 298, EIA783); appellant: Plannlng CommiSSIoner Derek Shearer. D1Scusslon was held. Councilmember Epsteln moved these proceed lOgS: that the appllcantspeak for- ten mlnutes, members of the publIC three mInutes each, and the applIcant fIve mInutes rebut tal tlme. Dl SCUSSIon was held. Dur lng dl Scusslon, Mayor Reed noted that all wrltten testlmonles recelved up unto thIS moment will be made part of the record. The written testlmonles lncluded communIcation from the followlng: Gene Larson and Jeffrey M. Kr aus In OppOSI tlon to the proJ ect, and the Santa Monlcans for Reasonable Growth requesting that the proJect be remanded to the Plannlng Commlsslon to address lssues of concern. The procedural motlon was duly seconded and unanlmously approved. Discusslon was held. At 11:40 P.M., Councllmember A. Katz moved to extend the meetIng to 1: 00 A. M. Second by Counc llmember H. 10 December 17, 1985 379 Katz. The motion was approved by a vote of SlX to one, Councilmember Epstein opposed. Sherman Stacey, attorney representlng Kramer Motors, spoke In support of the proJect. DIScUSSIon was held. Member of the publIC John Moysset spoke In support of the proJect. The followlng members of the publlC spoke ln Opposltlon: E. C. Eisele, Dennls Gura, Esther Gura, Jeff Kraus, John Belsher, Sol Gura, Don Nelson, and Peter Bentley. Michael Eusey expressed concern regarding the proJect's long-term implIcatIons. Jack Rubens, Paul Rosensteln, and Charles Pearlman requested an EnVlronmental Impact Report. DiscuSSlon was held. Councllmember H. Katz moved to approve the Negatlve Declaratlon findlng that the proposed proJect would result ln no signiflcant adverse envlronmental effect. Second by Councllmember Epsteln. The motlon was approved by the the fo1lowlng vote: Councll vote: AffIrmatIve: Councllmembers Conn, EpsteIn, JennIngs, H. Katz, Mayor Reed NegatIve: Councllmembers A. Katz, Zane Councllmember A. Katz requested the record to reflect that he IS concerned about the cumulatlve Impacts of thlS project on the surrounding area. Councilmember H. Katz moved to deny the appeal and uphold the Plannlng CommlSSlon's declslon WIth condItIons llsted ln the staff report dated December 17, 1985; and an addl tlon to number 11, page 18, regardlng nOIse generatIon, that no external speakers shall be allowed and all of the speakers that are reqUIred shall be nOlse-controlled so as not to dIsturb the neighborhood. Second by Councilmember Epstein. DIScusslon was held. Councl1member Zane moved a substItute motlon to uphold the appeal and ask the developer to come back wlth the project wlthln the gUIdelInes of the Land Use Element and a strlct lnterpretatlon of the Floor Area Ratlo WhICh lncludes countlng all commerclal actlvlty spaces wlthin the Floor Area Ratlo. Second by Councllmember A. Katz. D1Scusslon was held. Councllmember Epstein moved to extend the meeting to 1: 05 A. M. Second by Councllmember H. Katz. The motlon to extend the meetlng was approved by a vote of fl ve to two. Councllmember Zane's substitute motIon falled by the followlng vote: Councll vote: Afflrmative: Councllmembers A. Katz, Zane Negative: Councllmembers Conn, EpsteIn, Jennings, H. Katz, Mayor Reed 11 December 17, 1985 I I I I .H~U Councilmember Conn requested the record to reflect that he lS not Interested In remandIng thlS to the PlannIng Commlsslon; they dId that once before. D1Scussion was held. Durlng dlScusslon, Mayor Reed suggested that a condition be added Into the maln motion that addresses ventllatlon of the underground work area to meet Ca1lfornIa OSHA regulatIons. Councllmember H. Katz accepted the suggestlon as frlendly, thereby Incorpor at 1 ng It lnto the maIn mot lon. The maln motlon, as amended, was approved by the followlng vote: CounCIl vote: AffIrmative: Councllmembers Epsteln, Jennlngs, H. Katz, Mayor Reed Negative: Councllmembers Conn, A. Katz, Zane Councllmember Conn requested the record to reflect the followlng: "I am deeply concerned about the degree to which, at each crltlcal Juncture, this lS an ambIvalent proJect -- at the Floor Area RatIO level, at the heIght level, at the lntensl ty-of-use 1 evel. And, as to the question of whether this is a precedent for what wll1 be bUll t all along Santa MonIca Boulevard, the flnal declslon as lt comes to me lS to ask myself, I know what's on the corner of 20th and Santa Monlca Boulevard, I know what's gOlng to be on the corner of 20th and Ar lzona, I know what's on the corner of Wllshlre and 20th, and If I were drlvlng down Santa Monlca Boulevard to my home, would I want thLS proJect on 18th and Santa MonIca Boulevard j and I have to say to myself, no, I really don't want lt there." At 1:05 A.M., Councllmember Conn moved to extend the meetlng for five minutes to hear Item 14-D.-Th~ motion was duly seconded and approved by a vote of fIve to two. 14-D: ORDINANCE REGARDING BOTTLE DEPOSIT: Presented was the request of Councllmember & A. Katz to dlSCUSS an ordInance for a Cl ty Bottle Depos It Law ln an effort to Increase the number of bot tl es that are belng recyc led and to decre ase the II t ter and waste that lS currently fll1lng our waste dumps or streets. Councllmember A. Katz lntroduced dlScusslon. CounCllmember A. Katz moved to approve the concept of a bottle ordlnance and d lrect staff to report on the spec I flC suggest lons made at the meetlng and other suggestIons they mlght wlsh to add; the bottle blll to contaln the follOWIng elements: requlre manufacturers of bottles and plastlc contaIners of beverages for off SIte use to dlstrlbute lnto Santa Monlca only those bottles that contaln the embossment currently used ln the State of Oregon Whlch notIces that such bottles are covered under a 5-cent depOSIt; requlre that retaIlers collect the 5-cent depOSIt and that such depOSIt would be turned over to the recycllng operatlon of the Cl ty of Santa Monlca WhlCh would be responslble for returnlng such d epo 51 ts to those return Lng the bot tl e5; that the ord 1 nance not take effect untll eIther 25% of tho se CI t 1 zens of Lo s Angeles 12 December 17, 1985 3Bl County are represented by Jurlsdictlons WhlCh pass slmllar measures, or 10% of the State. Second by Councllmember Epste1n. DlScUSSlon was held. The motIon was unanlffiously approved. Councllrnember A. Katz moved to endorse AB 2020 re1atlng to bot tles and pI ast lC bever age con tal ner s. Second by Ma yo r Reed. The motion was unanlmously approved. ADJOURNMENT: At 1:20 A.M., a motlon was made, duly seconded, and unanlrnously approved to adjourn 1n memory of Ralph Marquez, a Santa Monlca res1dent for 70 years. I ATTEST /"., . / "--:t'}..; .t U~~ I (/1 :xJ-Iwc~ Ann M. Shore Clty Clerk APPROVED: ~~1.~~ / Chr lstlne E. Reed , Mayor I 1 3 December 17, 1985 I I 382 NOTICE OF ADJOURNMENT FOR LACK OF QUORUM OF SANTA MONICA CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN THAT the regularly scheduled City Counc11 meet~ng of Tuesday, December 24, 1985, was adJourned at 7:30 P.M. for lack of a quorum. ~/~~ Ann M. Shore, C1ty Clerk City of Santa Mon~ca DATE: December 25, 1985