The SMC Board of Trustees voted last month in favor of a tentative purchase of the Yamaguchi property for $8 million, using Measure S Bond money.
By Jonathan Friedman / Assistant Editor
During a closed-session portion of last Tuesday’s meeting of the Joint Powers Authority (a committee consisting of two elected Malibu City Council members and two Santa Monica College Board of Trustees members), the group voted to support the Santa Monica College District’s path toward purchasing a seven-acre Yamaguchi Family Trust-owned property next to City Hall. The vote marked the first action by city officials in support of the tentative deal. The unanimous vote was announced during an open-session portion of the meeting.
The SMC Board of Trustees voted last month in favor of a tentative purchase of the Yamaguchi property for $8 million, using Measure S Bond money. The land is in a 90-day escrow.
According to an agreement signed by Malibu and SMC officials in 2004, $25 million of the Measure S Bond money must be used for Malibu projects. Also stated in the agreement is that the district and city “shall reach independent agreement as to the particulars of the appropriate properties, acquisition(s) and projects comprising the [SMC] District facilities, prior to the expenditures of proceeds from [Measure S Bond money].” However, the Yamaguchi property was put into escrow using Measure S Bond money only after an SMC Board vote, while the city had no say. Councilmember Sharon Barovsky, who sits on the Joint Powers Authority with Mayor Ken Kearsley, said the college did not violate its agreement with the city because at a previous meeting of the Joint Powers Authority, it had voted to allow the college district to speak with a selection of Malibu landlords about potential property deals.
“We voted for the college to move forward with negotiations and they made their due diligence,” Barovsky said. “[Last week’s vote] allows them to pursue further.”
Barovsky said had she and Kearsley decided to vote against a deal with Yamaguchi, it would have killed the process (only one SMC trustee attended the meeting, so Kearsley and Barovsky would have overruled Nancy Greenstein, the trustee who did attend). City Attorney Christi Hogin could not be reached for comment to determine if the Joint Powers Authority had the ability to stop the purchase process.
The college plans to build a 25,000 square-foot, eight-classroom facility in Malibu, and says most of the estimated 900 students who would attend classes there would be from the local area, not Santa Monica. Barovsky said the Yamaguchi property was the best site to build such a facility.
“There are so few properties that are for sale in the Civic Center,” Barovsky said. “As far as I know, there are not that many willing sellers. This will be a more than adequate spot. It’ll be centrally located, and it has good infrastructure. It won’t interfere with residents.”
The SMC Board of Trustees is expected to vote on whether to close escrow on the property at its November meeting. It is not clear if the Joint Powers Authority will also vote on that.
The public was not notified about last Tuesday’s meeting until a little more than 24 hours before it took place. State law requires 72-hours notice prior to a City Council or Planning Commission meeting, but only 24 hours notice is needed for a committee such as the Joint Powers Authority. Former Planning Commissioner Richard Carrigan, who was one of three members of the public to attend the meeting, said while the amount of notice time was legally met, more time should have been given to let residents know about it. Barovsky and Kearsley said they agreed with Carrigan.
Barovsky added that she believed the Joint Powers Authority should meet more often than it usually does, which is supposed to be every three months (although sometimes it has been longer time between meetings). The next meeting is not scheduled to take place until December, but Barovsky said one should take place sooner than that.
“Things are happening now so quickly, delaying these meetings would be a disaster,” Barovsky said.
City Manager Jim Thorsen and SMC President Chui Tsang said they would look for a date prior to December for the next meeting.
Also at the meeting, Kearsley said he would like to have a discussion at the next session on creating a joint-use agreement for a college/city library. The city of Malibu is currently in talks with the county on redesigning its library.