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.
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December 17, 1985
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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.
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December 17, 1985
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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
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December 17, 1985
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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
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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
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December 17, 1985
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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
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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.
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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.
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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.
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December 17, 1985
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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.
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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
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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.
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ATTEST
/"., .
/ "--:t'}..; .t
U~~ I (/1 :xJ-Iwc~
Ann M. Shore
Clty Clerk
APPROVED:
~~1.~~
/ Chr lstlne E. Reed
, Mayor
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December 17, 1985
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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