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M-8/1/1990 LUL CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST I, 1990 An adjourned meeting of the Santa Monica City Council, adjourned from July 31, 1990, was called to order by Mayor Zane at 8:07 P.M., on Wednesday, August I, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember William H. Jennings Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen 7-A: SAND AND SEA CLUB CONCESSION AGREEMENT TERMINATION: Heard following Items 8-C, and II-B. 8-C: DEVELOPMENT AGREEMENT BETWEEN PACIFIC BEACH DEVELOPMENrr LIMITED PARTNERSHIP/CITY OF SANTA MONICA: 11-B: RESOLUTIONS CERTIFYING EIR/GROUND LEASE AND CONCESSION AGREEMENT/DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN CITY ANn PACIFIC BEACH DEVELOPMENT LIMITED PARTNERSHIP/AGREEMENT BETWEEN CITY AND STATE OF CALIFORNIA RE STATE LANDS: Presented were an ordinance for introduction and resolutions for adoption concerning the disposition of property located at 415 Palisades Beach Road. Public hearings on these items were held at the City Council meeting of July 31, 1990. Councilmember Reed moved to limit the time period for questions from Councilmembers to 10 minutes each, and to limit the time period for discussion to 10 minutes for each Councilmember. Second by Councilmember Katz. The motion was approved, Councilmembers Finkel and Genser opposed. As a result of Council discussion, Councilmembers agreed to allot themselves 25 minutes each, for questions and discussion. Council asked questions of staff, and consultants regarding the Sand and Sea Club Concession Agreement and the Development Agreement between the Santa Monica Beach Development Limited Partnership and the City of Santa Monica. At 10: 45 P.M., Council adj ourned for a short break. At 11: 11 P.M., Council reconvened with all members present. Councilmember Katz moved to extend the meeting to 12: 00 A.M. Second by Councilmember Reed. The motion was unanimously approved. Councilmember Jennings development partnership moved to change the name of the from Santa Monica Beach Development 1 August 1, 1990 203 Limited Partnership, to Pacific Beach Development Limited Partnership, in the Development Agreement, the Disposition and Development Agreement, the Concession Agreement and Ground Lease, and the attached resolutions. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Abstain: Councilmemher Genser Councilmember Genser requested that the record reflect that the reason he abstained from this vote is because he does not believe that the Development Agreement should be passed, and therefore, Council should not be altering it in this way. Councilmember Jennings moved to adopt Resolution No. 8063 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE PACIFIC BEACH DEVELOPMENT LIMITED PARTNERSHIP AND THE CITY OF SANTA MONICA FOR THE BEACHFRONT PARCEL AT 415 PACIFIC COAST HIGHWAY," reading by title only and waiving further reading thereof, thereby certifying the Final Environmental Impact Report as complying with the California Environmental Quality Act and the City'S Guidelines for the implementation of CEQA, which contains a statement of overriding considerations for the potentially unmitigated traffic impacts identified in the Final EIR. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Reed Finkel, Negative: Councilmember Genser, Mayor Zane Councilmember Katz moved to affirm and adopt the findings regarding the development Agreement recommended by the Planning commission contained as Exhibit 1 of the staff report. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmemhers Abdo, Jennngs, Katz, Reed Finkel, Negative: Councilmember Genser, Mayor Zane Councilmember Reed moved to introduce for first reading the ordinance adopting the Development Agreement (Attachment 2 of the staff report) with the inclusion of the ballot language for the November Election, as proposed in the memorandum from Christopher Harding, dated August 1, 1990. Second by Councilmember Abdo. On the advice of the city Attorney, Councilmember Reed amended her motion to request that the City Attorney return with language that would effectuate Mr. Harding's proposed method of proceeding with this election issue. 2 August 1, 1990 204 councilmember Reed moved to amend her motion to include the following language: "Shall the ordinance approving the Development Agreement between the City of Santa Monica and the Pacific Beach Development Limited Partnership for development of a hotel and public community center at 415 Pacific Coast Highway be repealed by the people of the City of Santa Monica?" to correct the legal defects as pointed out by the City Attorney. Discuss ion was held. Councilmember Genser moved to amend the motion to incorporate Conditions 1 through 8, as contained in section 6, of the letter of Claire Bronowski, dated June 29, 1990. The motion died for lack of a second. councilmember Genser moved to transfer the language regarding the earmarking of funds for specific purposes, from the Development Agreement to the statements of Intention. Second by Mayor Pro Tempore Finkel. The motion failed by the following vote: Council vote: Affirmative: councilmembers Finkel, Genser, Katz Negative: Councilmembers Abdo, Jennings, Reed, Mayor Zane The motion to introduce the ordinance for first reading approving the Development Agreement, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Reed Negative: Councilmembers Finkel, Genser, Mayor Zane Mayor Zane requested that the record reflect that he voted against this project before and was voting against it now, not because he believes that the characterizations of people who opposed it are correct, or the people who supported it are correct, but feels that in both instances there have been those who SUbstantially engaged in hyperbole. He stated he opposed this project because there are preferrable and better ideas that would not involve an Ultra-luxury hotel dominating the property, but would provide a much greater component for public recreational uses, with perhaps a much smaller commercial generator, and a smaller, less luxurious hotel. councilmember Reed moved to adopt Resolution No. 8064(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING NEGOTIATION AND EXECUTION OF A CONCESSION AGREEMENT AND GROUND LEASE BETWEEN THE PACIFIC BEACH DEVELOPMENT LIMITED PARTNERSHIP AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading therof, with the following addi tional language, in the event the Development Agreement is repealed: "Article 3 7, Section 37.21, TERMINATION IN THE EVENT DEVELOPMENT AGREEMENT IS REPEALED - In the event the Development Agreement is repealed and of no further force or effect, pursuant to Section 45 thereof, this concession and lease agreement shall be deemed terminated and of no further force or effect." Thereby authorizing the City Manager to negotiate and execute Contract 3 August 1, 1990 205 No. 5562 (CCS) a Concession Agreement and Ground Lease between Pacific Beach Development Limited Partnership and the city of Santa Monica. Second by Councilmember Katz. The motion, as amended, was approved by the following vote: Counol vote: Affirmative: councilmembers Abdo, Jennings, Katz, Reed Finkel, Negative: Councilmember Genser, Mayor Zane Councilmember Reed moved to adopt Resolution No. B065(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING NEGOTIATION AND EXECUTION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PACIFIC BEACH DEVELOPMENT LIMITED PARTNERSHIP AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, with the addition of the following clause: "Article 10, Section 10.28, TERMINATION IN THE EVENT DEVELOPMENT AGREEMENT IS REPEALED - In the event the Development Agreement is repealed and of no further force or effect, pursuant to Section 45 thereof, this disposition and development agreement shall be deemed terminated, and of no further force or effect." Thereby authorizing the city Manager to negotiate and execute Contract No. 5563 (CCS) a Disposition and Development Agreement between Pacific Beach Oevelopment Limited Partnershp and the City of Santa Monica. Second by Councilmember Katz. Discuss ion was held. Mayor Pro Tempore Finkel moved to amend the motion to modify page 13, Section 1.2.1, to delete the phrase "on or before December 1, 1990, II and to leave blank the date for Pacific Parks Incorporated to vacate the property, until later in the meeting when the eviction issue has been discussed. The amendment was accepted as friendly. The motion, as amended, was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Jennings, Katz, Reed Finkel, Negative: Councilmember Genser, Mayor Zane Councilmember Katz moved to adopt ReSOlution No. 8066(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA CONCERNING STATE LANDS," reading by title only and waiving further reading thereof. Thereby authorizing the City Manager to negotiate and execute Contract No. 5564 (CCS) with the state of California. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Reed Finkel, Negatve: councilmember Genser, Mayor Zane Councilmember Katz moved to extend the meeting to 12: 30 A.M. Second by Councilmember Reed. The motion was unanimously approved. 4 August 1, 1990 206 At 12:10 A.M., Council adjourned for a 10 minute break. At 12:20 A.M., Council reconvened with all members present. 7-A: SAND AND SEA CLUB CONCESSION AGREEMENT TERMINATION (cont.): On July 31, 1990, a staff report was presented and a publ ic hearing held regarding the termination of the Sand and Sea Club Concession Agreement. The Item was continued to the Meeting of August 1, 1990, to provide an opportunity for Council discussion and action. Councilmember Katz moved to terminate the Concession Agreement and tenancy of the concessionaires, tenants, sub-tenants, licensees, and all other occupants of those premises described in that certain city of Santa Monica; Concession Agreement designated as Contract No. 2011(CCS), which property includes but is not limited to those areas commonly known as 415 palisades Beach Road, and 321 Palisades Beach Road. The termination shall be effective September 30, 1990. Second by Councilmember Reed. Discussion was held. Mayor Pro Tempore Finkel moved to amend the motion to change the eviction date from September 30, 1990, to December 31, 1990. Second by Mayor Zane. Discussion was held. Councilmember Genser moved to extend the meeting to 1:00 A.M. Second by Councilmember Reed. The motion to extend the meeting was unanimously approved. Mayor Zane moved a substitute motion to initiate eviction proceedings immediately; direct the staff to develop a proposal for the management and use of the site immediately upon the completion of the eviction, and until the date that the site is available to the developer, if the development is approved by the voters. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Unanimously approved, 7-0 councilmember Katz moved to establish September 30, 1990 as the effective date of eviction. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Reed Negative: Councilmembers Finkel, Genser, Mayor Zane Mayor Pro Tempore Finkel requested that the record reflect that his negative vote was based on the grounds that he feels this date is too early. He feels the date should be something like January 1, 1990. At 12:55 A.M., Councilmember Katz was excused from the remainder of the meeting. 9-A: NOVEMBER ELECTION RESOLUTIONS: Presented was the matter of adopting Resolutions adding measures to the ballot for the November election; requesting consolidation of election with Los Angeles County; requesting election services from Los Angeles county, and authorizing certain Councilmembers to file written arguments on the ballot at the General Election, continued from 5 August 1, 1990 207 July 31, 1990. Council asked questions of staff. Councilmember Reed moved to hear from the member of the public requesting to address council on this matter, for two minutes. Second by Mayor Zane. The motion was approved, Councilmember Jennings opposed, Councilmember Katz absent. Member of the public Tom Nitti waived his request to address Council at this meeting, preferring to address Council at the public hearing to be held at the meeting of August 7, 1990. No Council action was taken on this item. Councilmember Genser moved to extend the meeting to 1: 15 A.M. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Jennings opposed, Councilmember Katz absent. Councilmemher Jennings was excused from the meeting at 1:07 A.M. 11-C: PEACE AND ECOLOGY COMMISSION TASK FORCE: Presented was a staff report transmitting a resolution for adoption creating a Citizen Task Force to determine whether a Peace and Ecology Commission should be established, continued from July 31, 1990. Mayor Pro Tempore Finkel moved to adopt Resolution No. 8067(CCS) entitled: ttA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A CITIZEN TASK FORCE TO DETERMINE WHETHER A PEACE AND ECOLOGY COMMISSION SHOULD BE ESTABLISHED," reading by title only and waiving further reading thereof, such task force to consist of 19 members. Second by Councilmemher Abdo. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: Councilmember Reed Absent: Councilmembers Jennings, Katz Councilmember Reed requested that the record reflect that her reason for voting "no" is that she doesn't believe that the city will have a serious purpose being served by appointing a commission of members who have a preconceived inclination to support the intent of this investigatory group. 11-0: CLOSED SESSION: Not held. 14-A: ANNUAL APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter of the annual appointments to various Ci ty Boards and Commissions, continued from July 31, 1990, was continued to the meeting of September 11, 1990, with the exception of appointments to the Architectural Review Board, which will be considered at the meeting of August 7, 1990. 15. PUBLIC INPUT: There were no members of the public wishing to address Council. 6 August 1, 1990 208 ADJOURNMENT: At 1: 15 A.M., council adjourned the meeting to August 7, 1990, at 7:30 P.M., in memory of Henry Schulz. ATTESTt ~. Clarice E. John city Clerk APPROVED: ~. C)~_ I )~, , ~ / . Dennis Zane Mayor 7 August 1, 1990