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M-12/7/1982 . . . . 57 MINUTES SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, CALIFORNIA DECEMBER 7, 1982 Notice having been given as provided by law, a Special Meeting of the Santa Monica City Council and the Santa , Monica Redevelopment Agency was called to order by Mayor Yannatta Goldway at 7:35 P.M. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Joann Jelly Roll Call: Present: Chairperson Ruth Yannatta Goldway Chairperson Pro Tempore Ken Edwards Agency Member James P. Conn Agency Member William H. Jennings Agency Member Dolores M. Press Agency Member Christine E. Reed Agency Member Dennis Zane Executive Director John H. Alschuler, Jr. Agency Attorney Robert M. Myers Agency Secretary Joann Jelly 1. Approval of stipulation to enter Jud~ment and Order and related settlement documents in Lincoln Property Company vs. City of-Santa Monica, e~ al. The City Manager presented the staff report which transmitted the settlement documents for the Ocean Park Redevelopment Project. This report detailed the various phases of development of the Lincoln Property Company, now the Pacific Dominion Property Company, to the present time. Document were presented to the Agency/City Council for review, organized under a Stipulation to Enter Judgment and 1 December 7, 1982 58 . Order, other remaining documents were exhibits to the Stipulation, exhibits to the Judgment or exhibits to the Amended Agreement for the Sale of Land for Private Development (Amended Sales Agreement). The three principal documents are the Stipulation to Enter Judgment and Order, the Judgment and the Amended Sales Agreement. Approval of the Stipulation would cause it to be filed with the Los Angeles Superior Court, obligating all parties to proceed in accordance--principally to seek an Alternate Coastal Permit. Once obtained, the Judgment attached to the Stipulation would be entered at which time the parties would execute the Amended Sales Agreement attached to the Judgment. This Amended Sales Agreement provides for the completion of the redevelopment project in accordance with a choice of two plans--a Settlement Plan or an Alternate Plan. These two plans are detailed in the staff report. The intention of the staff is to file for an amended Coastal Permit for the project by December 10, 1982 which may be received in early 1983 from the Coastal Commission, and if favorable and there is no delay because of litigation, construction could begin in 1984. . It is recommended by staff that the Agency/Council approve the settlement documents between the Agency/City and Pacific Dominion Property Company and authorize execution by appropriate City/Agency officials. A discussion was held with questions asked of the City Manager and Attorney relating to the documents and impact on the City. At 7:55 P.M. the public hearing was declared open. The following members of the public spoke for five minutes each: Roberta Schulman, Liucija Baskauskas, Ken Genser, Laura Norton, Hal Shulem, Linas Baskauskas, Roger Genser, Bernice Marshall, Lyn Corum, Tom Larmore, Edwin B. Stegman, Sherman L. Stacey, D. Epstein, Sara Faulds, Mallory Pearce, Michael Hill, Leslie Bennett, Mary Griffith, Kerry Lobel, C. J. Jones, and Ruth Robinson. They expressed various concerns relating to security in the area, objections to the suggested land use, change of original plan, while some favored the Alternate Plan, a goodly number favored the Settlement Plan. There being no more members of the public wishing to speak, the hearing was declared closed at 10:05 P.M. After discussion, Councilmember Zane moved and Councilmember Conn seconded on behalf of the City Council and the Agency to approve the attached settlement documents between the City and Pacific Dominion Property Company (formerly known as Lincoln Property Company) and authorizing execution by appropriate City officials. Included in the motion was an amendment to paragraph 6e of the Amended Sales Agreement as follows: "Notwithstanding anything to the contrary in this paragraph, if and only if any provision of . 2 December 7, 1982 . . . . . 59 state law is adopted, amended, or repealed so that the amount of tax increment monies available to Agency under the i California Community Redevelopment Law are reduced, Pacific I shall not require or take any action to require Agency or . City to implement a beach improvement plan under the Alternate Plan that the Agency or City determines is beyond the ability of Agency or City to finance provided that any beach improvement plan that the Agency or city determines it " does have the ability to finance is developed in accordance with all of the restrictions set forth in the Settlement ! Beach Improvement Plan." Additional discussion took place. Mayor Yannatta Goldway requested that the record show that under the settlement , agreement there would be 2.3 acres of additional land that I becomes available for park use. Councilmembers Jennings and Reed objected to the Settlement Plan for reasons following: ambiguity, too many outs and protections for developer, no ,public input on placement of sites for low-cost houses, speed and difficulty of documents presented to public. iMayor Yannatta Goldway asked Mr. Landau of Pacific Dominion I Property Company his preference of plan. Mr. Landau said , that the Settlement Plan would be in their best interest based on the economic view--the greatest chance of making : the greatest profit with the least risk. He added that the only "out" of the Settlement Plan is at the election of the , City Council--not the election of the developer. !MaYOr Yannatta Goldway then called for the vote on the 'motion which was approved by the following roll call vote from the Council: Affirmative: Councilmembers: Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers: Jennings and Reed As members of the Redevelopment Agency, the motion was approved by the following roll call vote: Affirmative: Agency Members: Conn, Edwards, Press, Zane and Cha~rperson Yannatta Goldway Negative: Agency Members: Jennings and Reed ADJOURNMENT: At 11:04 P.M., Councilmember Zane moved and Mayor Yannatta 'Goldway seconded to adjourn the meeting of the Redevelopment jAgency. The motion was approved by the following voice , vote: 13 December 7, 1982 60 . Affirmative: Agency Members: Conn, Edwards, Jennings, Press, Reed, Zane and Chairperson Yannatta Goldway Negative: Agency Members: None At 11:05 P.M., Councilmember Zane moved and Mayor Yannatta Goldway seconded to adJourn the City Council meeting, in honor of Mary F. Vikers and Rose Capata. The Closed Session, originally scheduled to be held, was cancelled. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: ATTEST: //1 )_,_ _ f;/ _ ,'/j f/' i v_J~, ,- fL ~, : Joann Jelly City Clerk 4 ,<:=OHm~Mm~~,: /7N~Z;/?l-C Ruth Yan a a Goldway /" Mayor . . December 7, 1982 .