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M-7/17/1990 176 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 17/1990 An adjourned meeting of the city council was called to order by Mayor Zane in the Council Chambers on July 17, 1990, at 7:20 P.M. The meeting was then moved to the Civic Auditorium at 1855 Main street, and convened at 7: 45 P.M., with the following members present: Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel councilmember Judy Abdo councilmember Ken Genser councilmember Herbert Katz Councilmember Christine E. Reed Absent: Councilmember william H. Jennings Also Present: city Manager John Jalili city Attorney Robert M. Myers City Clerk Clarice E. Johnsen councilmember Ganser led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. Mayor Pro Tempore Finkel moved to add Item 14-D to this evening's agenda as an emergency item, and to hear it prior to the remainder of the agenda. The necessity to consider this item arose after the agenda had been posted. Second by Councilmember Abdo. The motion was unanimously approved, councilmember Jennings absent. l4-D: COMMISSION ON OLDER AMERICANS/DISABLED SENIOR CITIZENS: Presented was the request of Mayor Pro Tempore Finkel to discuss a concern of the commission on Older Americans regarding disabled senior citizens in Santa Monica. Mayor Pro Tempore Finkel initiated discussion and moved to instruct the City Manager to investigate the issue of support services provided to disabled senior citizens, and to see whether there's anything the City can do to help those citizens; and to report back at the July 24, 1990, council meeting. Second by Councilmember Genser. The motion was unanimously approved, Councilmember Jennings absent. Mayor Zane moved to combine the public hearings for Items 7-A, 8-C, and ll-B, concerning the disposition of the parcel located at 415 Pacific Coast Highway. Second by councilmember Katz. Mayor Zane clarified his motion to indicate that the consolidation of the public hearings in no way indicates a consolidation of the items when they are considered by Council at the July 31, 1990, council meeting. Discussion was held. 1 July 17, 1990 177 councilmember Genser moved a substitute motion to consider Item 7-A after Items a-c, and II-B. The motion died for lack of a second. The motion to consolidate the public hearings was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz, Reed, Mayor Zane Negative: Councilmember Genser Absent: councilmember Jennings councilmember Abdo moved extend the meeting as long as necessary to complete the public hearings and the 14-Items this evening. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Councilmember Genser moved to hear from the developer for twelve minutes, with three minutes and the end of the public hearing for rebuttal; the club operator, or representatives of the Sand and Sea Club for twelve minutes; and members of the public for three minutes each. Second by Mayor Zane. Councilmember Reed moved to amend the motion to state that there would be no Council questions of staff this evening. The amendment was accepted as friendly by the maker of the main motion. The motion, as amended was unanimously approved, Councilmember Jennings absent. CONSOLIDATED PUBLIC HEARINGS: 7-A: SAND AND SEA CLUB CONCESSION AGREEMENT TERMINATION: a-c: DEVELOPMENT AGREEMENT BETWEEN SANTA MONICA DEVELOPMENT LIMITED PARTNERSHIP AND CITY OF SANTA MONICA: BEACH 11-B: EIR/GROUND LEASE/CONCESSION AGREEMENT/DISPOSITION AND DEVELOPMENT AGREEMENT/STATE OF CALIFORNIA STATE LANDS AGREEMENT/ SANTA MONICA BEACH DEVELOPMENT LIMITED PARTNERSHIP/41S PACIFIC COAST HIGHWAY: Presented was a staff report transmitting recommendations regarding the termination of the Sand and Sea Club concession agreement; the approval of a development agreement between Santa Monica Beach development Limited Partnership and the City of santa Monica; and resolutions certifying the Environmental Impact Report including the adoption of the Statement of Overriding Consideration; authorizing the City Manager to negotiate and execute a Ground Lease and Concession Agreement between the Santa Monica Beach Development Limited Partnership and the City of Santa Monica; approving the Disposition and Development Agreement between Santa Monica Beach Development Limited Partnership and the City of Santa Monica; and approving an agreement between the city of Santa Monica and the State of California concerning State Lands, continued from July 10, 1990. 2 July 17, 1990 178 At 8:45 P.M., Mayor Zane opened the consolidated public hearings. Michael McCarty of the Santa Monica Beach Development Limited Partnership addressed Council in support of the proposed hotel development. Members of the public Carol Sherman, Jack Allen, Nancy Wolter, Caroline Westheimer, David Gregg, Larry Blivas, Barbara Brown, Tim Murphy, Menasche Nass, Eric Siss, Bill Weingarten, E. D. Michael, John Murdock, and Donald Brandsen, spoke in opposition to the proposed hotel development. Member of the public Don Girard supported placing this issue on the November General Election Ballot. Member of the public David Heiser, spoke in opposition to the termination of the Sand and Sea Club Concession Agreement. Member of the public Bonnye Lewis, spoke in support of the proposed hotel development. AT 9:45 P.M., Councl adjourned for a short break. At 10:10 P.M., council reconvened. Mayor Zane moved to shuffle the order of the remaining requests to address Council (chits). Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. Members of the publ ic Chuck Fonarow spoke Rick Gold, Michael Miller, Mary Lee Gowland, and Gerald Goldman, spoke in opposition to terminating the Sand and Sea Club Concession Agreement. Members of the public Jerry Casale, Joanne Leavit, Paul Rosenstein, Dale Petroulis, John Quickly, Francye Smith, Deborah Boren, Sarita Coffee, Louise Gabriel, Pam Brady, and Jackie Justman, spoke in support of the proposed hotel development. Members of the pUblic Rick Elfman, and Dianne Glinos spoke in support of terminating the Sand and Sea Club Concession Agreement. Member of the public Russ Barnard supported evaluating the project on its merits. George Hickey spoke in support of increased public access. Members of the pUblic Richard Dickinson, Tom Freels, Audie Lieberman, Joanne Hatfield, Cheri Dickinson, John Law, Michael Roth, Peggy McDowell-Cramer, Gordon Payne, Alan Bruce Guttman, Doug Rawson, Eric Chen, Jennifer polhemus, and Ronald Siegel, spoke in opposition to the proposed hotel development. At 12: 00 A.M., council adjourned for a short recess. At 12: 25 A.M., Council reconvened. Mayor Zane moved to hear the next ten chits and to continue the remainder of the public hearing to July 31, 1990. Second by Councilmember Abdo. The motion was unanimously approved, Councilmember Jennings absent. Members of the public Carol Girard, Janet Kellman, Jack Baptista, and Ron Shur, spoke in opposition to the proposed beach hotel. Member of the public Mark Rosenberg spoke in support of the proposed beach hotel. Members of the public Richard Roth and Miriam stone spoke in opposition to the termination of the Sand and Sea Club concession Agreement. Mayor Z~ne moved to continue the PUblic hearing to July 31, 1990, at 6:00 P.M., in the Council Chambers, and to to limit testimony to those people who submitted chits, but were not heard from at 3 July 17, 1990 179 this hearing. Second by Councilmember Katz. The motion was unanimously approved, councilmember Jennings absent. ll-C: CLOSED SESSION: Not held. OCEAN PARK BOULEVARD/MORATORIUM: Presented was the of Councilmember Reed to discuss an emergency ordinance a moratorium on all development in excess of R2 in the R3 Zone on Ocean Park boulevard east of Lincoln to 25th street. 14-A: request imposing Standards Boulevard Councilmember Reed moved to extend the meeting to 1: 30 A.M. Second by Councilmember Genser. The motion was unanimously approved, councilmember Jennings absent. councilmember Reed initiated discussion and moved to direct the city Attorney to return at the August 7th Council meeting with the appropriate ordinances to put in place a moratorium on development deemed complete by July 10, 1990, in excess of the R2 standards, along Ocean Park Boulevard from Lincoln Boulevard to 25th street, and to direct the Planning commission to review the zoning along Ocean Park Boulevard to determine if it should be reduced, or if there should be a lower height limit, if there is to be no reduction in density. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved, Councilmember Jennings absent. 14-B: COUNCIL CHAMBERS FEE/STATE LANDS COMMISSION: Presented was the request of Mayor Zane to discuss waiving the fee for the use of Council Chambers by the State Lands commission for a public hearing on August 13, 1990. Councilmember Genser moved to waive the fee. Second by Councilmember Katz. The motion was unanimously approved, Cauncilmember Jennings absent. 14-C: TIME LIMITS/LANDMARKS COMMISSION: Presented was the request of Councilmember Abdo to discuss direction to the City Attorney to prepare an interim ordinance amending the Landmarks ordinance to authorize the City Council to extend by motion any time limits for Landmarks Commission or City council action. councilmember Abdo initiated discussion and moved to direct the city Attorney to prepare the interim ordinance. Councilmember Genser Second. The motion was unanimously approved, Councilmember Jennings absent. 15. PUBLIC INPUT: There were no members of the public wishing to be heard. 4 July 17, 1990 180 ADJOURNMENT: At 1:10 A.M., the meeting was adjourned to July 31, 1990, at 6: 00 P.M., in the Council Chambers. A special Joint meeting of the city Council and Rent Control Board will be held at 7:30 P.M. on July 19, 1990. ATTEST: /~/f. Clarice E. J nsen city Clerk APPROVED: p~)~ Dennis Zane Mayor 5 July 17, 1990