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M-4/2/1991 I 392 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 2, 1991 An adjourned meeting of the Santa Monica city council was called to order by Mayor Abdo at 7:35 P.M., on Tuesday, April 2, 1991, in the council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: City Manager John Jalili Assistant City Attorney Joe Lawrence City clerk Clarice E. Johnsen Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. INSPIRATION: A moment of inspiration was provided with the announcement of the birth of Jenny Rebecca Lieberman-Harding, daughter of Laurie Lieberman and Christopher Harding. 7-B: APPEAL/CUP 90-099/RESTAURANT & ENTERTAINMENT FACILITY/309 SANTA MONICA BOULEVARD: Presented was the appeal of Planning commission approval of a Conditional Use Permit 90-099 to allow the operation of a 393-seat entertainment facility and restaurant with a Type-47 Alcohol License at 309 santa Monica Boulevard. Appellant: Merritt Coleman, Santa Monica Neighborhood Coalition. Applicant: Robert D. Resnick and Jeffrey M. Alexander. councilrnember Zane inquired as to the possible conflict of interest due to his tenancy at 309 santa Monica Boulevard. The city Attorney ruled that there was no conflict of interest. council asked questions of staff. Appellant Merritt Coleman spoke in favor of the appeal and in opposition to the project. Applicant Robert Resnick spoke in opposition to the appeal and in favor of the project. Council asked questions of the applicant. Members of the public Marshall Siskin, Allen Zahner, Coco Reynolds, Shane Talbot, steve Spencer, Jean Gebman, Art Casillas, Ken Schonlau, Emmalie Hodgin, George HiCkey, Tony Haig, Laurel Roennau, Bea Nemlaha, Jennifer polhemus, Sylvia Shniad, and Brad Thomas spoke in opposition to the project. Member of the public Joy Fullmer expressed her concerns. Members of the public Maria Arechaederra, Lacy Goode, Jeff Marshall, Alfredo caravelli, Matt Kramer, Alan Harris, Brigitte Hartford, Pam O'Connor, Tom Carroll, and Bruce Cameron spoke in support of the project. Councilmember Zane moved to hear late speakers. Second by Councilmember Olsen. The motion was unanimously approved. Member of the public Karl Schober spoke in support of the 1 April 2, 1991 j~"::s project. Mayor Pro Tempore Genser moved to extend the meeting to 12:30 A.M. Second by Councilmember Zane. The motion was unanimously approved. At 10:55 P.M., Council adjourned for a short recess. At 11:10 P.M., Council reconvened with all members present. Appellant Merritt Coleman presented his rebuttal. Councilmember Zane moved to deny the appeal and uphold the Planning Commission approval. Second by councilmember Katz. Discussion was held. Councilmember Olsen moved to amend the motion to have a condition be included whereby any minimum purchase requirements can be satisfied with the purchase of food rather than alcoholic beverages. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to include a condition whereby if there is going to be more than one seating at any time, that there be at least a period of one hour between the seatings. Second by councilmember Olsen. The motion failed by the fOllowing vote: council vote: Affirmative: Councilmembers Genser, Olsen Negative: Councilmembers Holbrook, Vazquez, Zane, Mayor Abdo Katz, The main motion was approved by the Discussion was held. following vote: council vote: Affirmative: Councilmemhers Holbrook, Vazquez, Zane, Mayor Abdo Katz, Negative: Councilmembers Genser, Olsen Mayor Pro Tempore Genser requested that the record reflect that he voted II noli on this item because he believes that there is clearly a public safety issue related to the concentration of people at this intersection and that it is not possible to handle the number of people which are projected to be added to the existing over-concentration. 9-B: CLOSED SESSION: Not held. 10-A: ABATEMENT OF NUISANCE/2438 OCEAN PARK BOULEVARD: The public hearing and resolution confirming the report regarding abatement of a nuisance at 2438 Ocean Park Boulevard and authorizing special assessment was continued to the meeting of April 9, 1991. 10-B: SIDEWALKS, DRIVEWAYS, AND CURBS: The public hearing and resolution confirming the report regarding repairs to damaged sidewalks, driveways and curbs (SR-91-169/170) was continued to the meeting of April 9, 1991. 10-C: ABATEMENT OF WEEDS AND RUBBISH: The pUblic hearing on the intention to abate weeds and rubbish and to award an abatement contract to Gary's Lot Cleaning in the amount of $39,700 was continued to the meeting of April 91 1991. 2 April 2, 1991 I I 394 13-A: MRS. J. CURRAN: The request of Mrs. J. Curran to address Council regarding a failure to observe the law was continued to the meeting of April 9, 1991. 14-A: LETTER OF RESIGNATION/VITO CETTA: letter of resignation of vito Cetta and members to the Bayside District corporation meeting of April 9, 1991. 14-B: SOCIAL SERVICES COMMISSION: The appointment of a member to the Social Services commission was continued to the meeting of April 9, 1991. Acceptance of the the appointment of was continued to the 14-C: ARTS COMMISSION: The appointment of members to the Arts Commission was continued to the meeting of April 9, 1991. 14-D: WESTSIDE URBAN FORUM: The request of Mayor Abdo to discuss approval of City membership in the Westside Urban Forum was continued to the meeting of April 9, 1991. l4-E: LETTER OF RESIGNATION/IRVING H. LASKEY: Acceptance of the letter of resignation from Irving H. Laskey from the Commission on Older Americans and authorization to the city Clerk to publish a Notice of Vacancy was continued to the meeting of April 9, 1991. 14-F: SANTA MONICA HIGH SCHOOL GRAD NITE: The request of Mayor Abdo to discuss a contribution to the Santa Monica High School Grad Nite event was continued to the meeting of April 9, 1991. 14-G: LEADERSHIP STRATEGIES FOR HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT CONFERENCE: The request of Counci1member Vazquez to address council regarding attendance at the Leadership strategies for Housing and Community Economic Development Conference in San Antonio, Texas, was continued to the meeting of April 9, 1991. 14-H: CALIFORNIA ENERGY COMMISSION: The request of Mayor Abdo to discuss waiving the fee for the use of the Council Chambers by the California Energy Commission on April 3, 1991, was continued to the meeting of April 9, 1991. 14-1: APPOINTMENTS TO CITY BOARDS AND COMMISSIONS: The request for authorization to the City Clerk to advertise for annual appointments for various City Boards and Commissions was continued to the meeting of April 9, 1991. 14-J: BUILDING HEIGHTS: The request of Mayor Pro Tempore Genser to discuss directing the City Attorney to prepare an ordinance (or emergency ordinance) to lower the permitted building heights on Pacific Coast Highway/Palisades Beach Road north of the Santa Monica Pier was continued to the meeting of April 9, 1991. 14-K: LETTER OF RESIGNATION/CAROL E. HETRICK: The acceptance of the letter of resignation of Carol E. Hetrick from the Personnel Board and authorization to the city Clerk to advertise a notice of vacancy was continued to the meeting of April 9, 1991. 3 April 2, 1991 395 ADJOURNMENT: At 12:30 A.M., the meeting was adjourned. ATTEST: APPROVED: ..~~.^)~ /" Cl~rice E. JOhnI/'-"'P' City Clerk ii' (0;/& l J dy Abdo Mayor I 4 April 2, 1991