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M-6/16/1992 293 CITY OF SANTA MONICA CITY COUNCIL MINUTES I JUNE 16, 1992 An adjourned meeting of the Santa Monica City council was called to order by Mayor Genser at 7:35 P.M. on Tuesday, June 16, 1992, in the council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Jalili city Attorney Robert M. Myers city Clerk Clarice E. Dykhouse Mayor Pro Tempore Abdo led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: PROCLAMATION/SANTA MONICA PIER DAY/JUNE 19, 1992: Mayor Genser presented a proclamation declaring June 19, 1992, as I "Santa Monica Pier Day" in the City of Santa Monica. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Katz moved to approve the Consent Calendar, with the exception of Item No. 6-D, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: STRIPING MODIFICATIONS/MAIN STREET: Contract No. 5849 (CCS) was awarded to Sterndahl Enterprises, Inc., in the amount of $31,907 for the installation of striping modifications on Main Street between Colorado Avenue and the south city limits. 6-B: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-015/VTTM 50523/911 12TH STREET: The Certification of statement of Official Action for the Appeal of Conditional Use Permit 91-015 and vesting Tentative Tract Map 50523 for the property located at 911 12th Street was approved. 6-C: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/VARIANCE 90-030/PARCEL MAP 90-001/2039-2045 11TH I STREET: The Certification of Statement of Official Action for the Appeal of the Planning commission Denial of variance 90-030 1 June 16, 1992 I I I 294 and waiver of Parcel Map 90-001 for 2039-2045 11th street was approved. 6-E: AUDITORIUM STAGE RIGGING AND HARDWARE: Bid No. 2411 was awarded to Valley Hoist and Rigging in the amount of $38,603.11 to repair/replace auditorium stage rigging and hardware for the civic Auditorium. 6-F: THEATRICAL DRAPES: Bid No. 2412 was awarded to Black Sheep Enterprises in the amount of $25,227 to furnish, deliver and install flame resistant theatrical drapes for the Civic Auditorium. END OF CONSENT CALENDAR 6-D: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL STORMWATER PERMIT IMPLEMENTATION AGREEMENT: Presented was the staff recommendation to authorize the City Manager to negotiate and execute the National Pollutant Discharge Elimination systems Municipal Stormwater Permit Implementation Agreement. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to authorize the city Manager to negotiate and execute the National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit Implementation Agreement. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 By virtue of the above action, Contract No. 5850(CCS) was approved. 7-A: APPEAL/TPC-183/21l0 FOURTH STREET: Presented was the appeal of Planning Commission approval of Tenant Participating Conversion 183, 2110 Fourth street. Applicant: HR Capital Rossmore. Appellant: D. Longstreet, L. Auker, M. Hale, L. Gale, L. privo. Council asked questions of staff. Appellant Laurence Gale spoke in support of the appeal. Eileen Hecht, representing the applicant, spoke in opposition to the appeal. Council asked questions of Ms. Hecht. Members of the public Joyce Houser Ward, Arian Ward, Ellen Rose, Jakki Right, Tom Parks, catia Rubagotti, Sabrina Kreig, and Ran Kane spoke in support of the conversion. Members of the public David Longstreet, Lynne Auker, and Mary Hale spoke in support of the appeal. Eileen Hecht presented a rebuttal. Council asked questions of Ms. Hecht. Laurence Gale presented a rebuttal. Council asked questions of Mr. Gale. City Clerk Dykhouse placed Laurence Gale, Mary Hale, Lynne Auker, and David Longstreet under oath to provide testimony regarding the residence of Mr. Sadie, Apartment #20. Lynne Auker, Mary Hale, Laurence Gale, and David Longstreet testified that, to the best of their knowledge, Mr. Sadie does not reside in Apartment #20. Council asked questions of Ms. Auker, Ms. Hale, Mr. Gale, and Mr. Longstreet. Ms. Hecht presented rebuttal to statements made in the testimony. council asked questions of Ms. Hecht. Paul DeSantis, attorney for the applicant, addressed Council. Council asked questions of Mr. DeSantis. Eileen Hecht, representing the 2 June 16, 1992 295 applicant, agreed to a waiver of any applicable time periods under either TORCA, the Subdivision Map Act, or the Permit streamlining Act. Councilmember Zane moved to continue this item I to the meeting of June 30, 1992, at which time Council will only hear from the applicant and the appellant with respect only to new issues which have been raised with respect to the occupancies and tenancies of Apartment Nos. 1, 16, and 20. Second by Councilmember Vazquez. Discussion was held. Mayor Genser moved to amend the motion to allow the residency of any particular apartment dwellers who are on the form, as well as anyone who may have evidence, to testify. The motion was accepted as friendly with the understanding that the applicant and appellant are granted a formal period of time to address the issues. The amendment was accepted as friendly. The motion was unanimously approved. At 10:02 P.M., Council adjourned for a short recess. reconvened at 10:30 P.M. with all members present. council 7-B: TEXT AMENDMENT 90-004/DRIVE-THROUGH SERVICE/SECOND STREET AND COLORADO AVENUE: Presented was the staff report recommending denial of the applicant's request for Text Amendment 90-004 to allow drive-through service at an existing fast food establishment at Second street and Colorado Avenue in the C-3 (Downtown Commercial) District. Applicant: Nick Lardas. Council asked questions of staff. Councilmember Katz moved to extend the meeting to 12: 00 Midnight. Second by Councilmember Olsen. The motion was unanimously approved. Chris Harding, I speaking on behalf of the applicant, spoke in favor of the Text Amendment. Council asked questions of Mr. Harding. Councilmember Zane moved to permit the Mayor to reflect the requests for reordering of the speaking order as sought by the pUblic. Second by Councilmember Katz. Discussion was held. Councilmember Katz moved a substitute motion that reordering be permitted only to accommodate parents whose requests are based on having children under the age of twelve years. Second by Councilmember Vazquez. The motion was approved, Mayor Genser opposed. Member of the public Jan Jones spoke in support of the proposed Text Amendment. Councilmember Katz moved to allow Rosario Perry to speak or show a video for two minutes. Second by Mayor Pro Tempore Abdo. The motion was approved I Councilmember Olsen and Mayor Genser opposed. Members of the public Rosario Perry and Rita Kohne showed a video tape of testimony of persons in favor of the proposed Text Amendment. Members of the public Charles McTear, Silvia Rodriguez, and Serafin Rodriguez spoke in support of the proposed Text Amendment. Mayor Genser ruled that members of the public may not participate further in public testimony through the showing of a v ideo tape of people who are not present at the proceedings. Councilmember Zane moved to overrule the Mayor'S ruling. Second by Councilmember Katz. The motion was approved, Councilmember Olsen and Mayor Genser opposed. Member of the public Tina Lardas showed a video tape of testimony of persons in favor of the I proposed Text Amendment. Members of the public Luis Perez, Tony Lardas, Aleko Boghoskhanian, Debra Perkins, and Rita Eilers spoke in support of the proposed Text Amendment. councilmember Katz 3 June 16, 1992 I I I 296 moved to extend the meeting to 12: 30 A. M. Second by Mayor Genser. The motion was unanimously approved. Members of the pUblic Donald Nelson, Barbara Kohne, and Ralph Mechur spoke in support of the proposed Text Amendment. councilmember Katz moved to deny the applicant I s request based on findings contained in the staff report. Second by Councilmember Olsen. Discussion was held. Mayor Genser moved to extend the meeting for fifteen minutes. Second by Councilmember Katz. The motion was unanimously approved. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Zane, Olsen, Katz, Mayor Genser Negative: Councilmembers Vazquez, Holbrook, Abdo 9-B: CLOSED SESSION: Not held. 14-A: POLICE FACILITY: Mayor Pro Tempore Abdo presented her request to discuss proposed police facility. Mayor Pro Tempore Abdo moved to direct staff to pursue options with regard to a new police facility. Second by Mayor Genser. Discussion was held. The motion was unanimously approved. ADJOURNMENT: At 12:47 A.M., the meeting was adjourned in memory of Marilyn McCarron Urmston. APPROVED: ~ -/M~ Clarice E. Dykh~se City Clerk Ken Genser Mayor 4 June 16, 1992