CITY OF SANTA MONICA
CITY COUNCIL MEETING 08/01/90
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
8-C: DEVELOPMENT AGREEMENT BETWEEN PACIFIC BEACH DEVELOPMENT
LIMITED PARTNERSHIP/CITY OF SANTA MONICA: See item # 11-B.
11-B: RESOLUTIONS CERTIFYING EIR/GROUND LEASE AND CONCESSION
AGREEMENT/DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN CITY AND
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 adjourned 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 moved to change the name of the
development partnership from Santa Monica Beach Development
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: Councilmember 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, Finkel,
Jennings, Katz, Reed
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: Councilmembers Abdo, Finkel,
Jennngs, Katz, Reed
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.
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.
Discussion 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
additional language, in the event the Development Agreement is
repealed: "Article 37, 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
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:
Councl vote: Affirmative: Councilmembers Abdo, Finkel,
Jennings, Katz, Reed
Negative: Councilmember Genser, Mayor Zane
Councilmember Reed moved to adopt Resolution No. 8065(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 Development Limited
Partnershp and the City of Santa Monica. Second by Councilmember
Katz. Discussion 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," 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, Finkel,
Jennings, Katz, Reed
Negative: Councilmember Genser, Mayor Zane
Councilmember Katz moved to adopt Resolution No. 8066(CCS)
entitled: "A 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, Finkel,
Jennings, Katz, Reed
Negatve: Councilmember Genser, Mayor Zane
7-A: SAND AND SEA CLUB CONCESSION AGREEMENT TERMINATION (cont.):
On July 31, 1990, a staff report was presented and a public
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.
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
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.
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: "A 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 Councilmember 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-D: CLOSED SESSION: Not held.
14-A: ANNUAL APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter
of the annual appointments to various City 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.