M-8/19/1986 (6)
119
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 19, 1986
A meeting of the Santa Monica City council was called to order by I
Mayor Reed in the Council Chambers at 7 : 35 p. m. on Tuesday,
August 19, 1986, having been adjourned from Tuesday, August 12,
1986. Councilmember H. Katz led the assemblage in the pledge of
allegiance to the United states of America.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore William H. Jennings
Councilmember David G. Epstein
Councilmember Alan S. Katz
Councilmember Herb Katz
Councilmember Dennis Zane
Absent: Councilmember James P. Conn
Also Present: City Manager John Jalili
city Attorney Robert M. Myers
Assistant city Clerk Donna R. Betancourt
SPECIAL MEETING OF CITY COUNCIL AND PARKING AUTHORITY:
A special joint meeting of the city Council and Parking Authority
was called to order by Mayor Reed at 7:36 p.m.
Roll Call of the Parking Authority:
Present: Chairperson Christine E. Reed
Chairperson Pro Tempore William H. Jennings
Member David G. Epstein
Member Alan S. Katz
Member Herb Katz
Member Dennis Zane
Absent: Member James P. Conn
Also Present: Executive Secretary John Jalili
Executive Attorney Robert M. Myers
Assistant city Clerk Donna R. Betancourt
CC/PA 7-C: THIRD STREET MALL ASSESSMENT DISTRICT: Presented was
a staff report and revised documents relating to a public hearing
to hear protests in regard to the intention to establish an
assessment district for improvements to the Third street Mall
area and to levy an operation and maintenance fee; and
consideration of related lease, assignment and trust agreements.
Discussion was held. At 8: 35 p.m., the public hearing was
1
August 19, 1986
I
120
declared opened. The following persons spoke in support of the
assessment: Russ Barnard, Nathan Singer, Vilate Stewart, Todd
Bracken, Laurie Heyman, Joel McLafferty, Ernie Kaplan, Luis De
Castro, Wally Marks, Robert Bundy, Sy Bram, Tony Palermo, Ed
Flores, Sam Haber, James Mount, Hilde Heidt, Isaac Levy, Mrs.
Eugene Robbins, Margol Leburg, Dolores Press, John Clarizio,
Jackie Tadich, Richard Cohn, David Khedr, Estelle Karp, Tom
Carroll, Edith Nichols, Joseph Mott, and Maria Arechaedeira. The
following persons spoke in regard to the high cost of
assessments: Margo Hebald Heymann, Harry Goodman, Jim Becker,
G.D. Gaur, Arnie Wong, Sanford snyder, Hanna Hartnell, Sylvia
Gentile, David Mangone, Larry Skuce, Gwen Meyer, John Blumenthal,
George Coss, June Steel, Faiz Rasul and Karl Schober. At 9:57
p.m., there being no one else wishing to be heard, the public
hearing was declared closed. Discussion was held.
Councilmember Zane moved to adopt Resolution No. 7286(CCS}
entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA CONFIRMING THE ASSESSMENT IN THE CITY OF SANTA
MONICA ASSESSMENT DISTRICT OF THE THIRD STREET MALL AREA,
ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING
THE COUNTY TAX COLLECTOR TO COLLECT AND RECEIVE MONEY," reading
by title only and waiving further reading thereof, modified as
recommended in the staff report dated August 19, 1986, pages 6
and 7, that an additional credit for residential square footage
be added to the Katz, Hollis, Coren & Associates Report of July
10, 1986, the modification, to be based on the off-peak nature of
residential parking, would read as follows: "3. A credit shall
be allowed annually to any owner within the district against the
parking, the common area, alley and sidewalk improvements, and
the additional levy as follows: A. The credit may be claimed by
any owner wi thin the district for any parcel in the district
provided the owner develops or maintains residential units
on-site: B. The amount of the total square footage that is in
residential use shall be eligible to receive a credit based on
the following: (i) 50% against the parking component; (ii) 100%
against the common area, alley and sidewalk improvements; and
(iii) 50% against the additional levy.1I Second by Councilmember
H. Katz. Discussion was held. The motion was approved by the
following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Conn
councilmember H. Katz moved to introduce for first reading
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A FEE FOR THE OPERATION,
MAINTENANCE, AND REPAIR OF PUBLIC IMPROVEMENTS IN THE THIRD
STREET MALL AND DOWNTOWN ASSESSMENT DISTRICT, II reading by title
only and waiving further reading thereof. Second by
Councilmember A. Katz. The motion was approved by the following
vote:
2
August 19, 1986
121
Council vote: Unanimously approved 6-0
Absent: Councilmember Conn
Councilmember A. Katz moved to adopt Resolution No. 7287 (CCS)
entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROVIDING FOR THE ISSUANCE AND SALE OF CERTIFICATES OF I
PARTICIPATION (CITY OF SANTA MONICA IMPROVEMENTS PROJECT OF
1986) , IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$14,000,000, THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, A
TRUST AGREEMENT AND A CONTRACT OF PURCHASE, AND THE AUTHORIZATION
TO PREPARE AN OFFICIAL STATEMENT, AND OTHER MATTERS RELATED
THERETO," reading by title only and waiving further reading
thereof, approving Contract No. 4796(CCS) with the Parking
Authority for Lease and Option to Purchase pertaining to Parking
structure No. 1 at 1234 4th Street, Parking structure No. 3 at
1320 4th street, and portion of Parking structure No. 5 at 1440
4th Street (300 parking spaces to be constructed); Contract No.
4797(CCS) being a Trust Agreement with the Parking Authority and
First Interstate Bank of California as Trustee for Certificates
of Participation (City of Santa Monica Improvement Project of
1986 - Third Street Mall Area); approval of amendment to Contract
No. 1688(CCS) with the Parking Authority amending and restating
the 1966 Master Lease agreement pertaining to Downtown Parking
structures; Contract No. 4798 between the Parking Authority and
First Interstate Bank of California as Trustee for assignment of
Parking Authority rights, title and interest related to Contract
No. 4796(CCS); Contract No. 4799(CCS) between the Parking
Authority and Rauscher Pierce Refsnes, Inc., (Underwriter) for
purchase, sale and delivery of Certificates of Participation
($12,965,000). Second by Mayor Pro Tempore Jennings. The motion
was approved by the following vote:
council vote: Unanimously approved 6-0
Absent: Councilmember Conn
Chairperson Pro Tempore Jennings moved to adopt Resolution No.
197 (PAS) entitled: "RESOLUTION OF THE MEMBERS OF THE PARKING
AUTHORITY OF THE CITY OF SANTA MONICA PROVIDING FOR THE EXECUTION
AND DELIVERY OF A LEASE AGREEMENT, AN ASSIGNMENT AGREEMENT AND A
TRUST AGREEMENT IN CONNECTION WITH THE ISSUANCE AND SALE OF CITY
OF SANTA MONICA CERTIFICATES OF PARTICIPATION (CITY OF SANTA
MONICA IMPROVEMENTS PROJECT OF 1986) AND OTHER MATTERS RELATED
THERETO, It reading by title only and waiving further reading
thereof, approving the contract documents specified above as well
as approving Contract No. 4800 being an escrow agreement with the
Parking Authority and Bank of America National Trust & Savings
Association (the "Escrow Bank") pertaining to defeasance of 1966
parking revenue bonds. Second by Member Epstein. The motion was
approved by the following vote:
Authority vote: Unanimously approved 6-0
3
August 19, 1986
I
122
Absent: Member Conn
Councilmember
$2,204, l51. 00
Councilmember
vote:
Epstein moved to approve an appropriation of
to account number Ol-720-263-9l4. Second by
Zane. The motion was approved by the following
Council vote: Unanimously approved 6-0
Absent: Councilmember Conn
Councilmember Zane moved to direct the staff to develop a
mechanism for identifying cost savings in operations and
maintenance that occur as a consequence of construction activity
in the area and develop a methodology for passing those savings
on to the businesses in the area affected, and report back to
Council. Second by Councilmember H. Katz. Discussion was held.
The motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Conn
councilmember Zane moved to ask staff to evaluate other
methodologies that might be available to the City to defer
implementation of costs to the assessment district, and report
back as to whether they think there are any prudent methodologies
available. Second by Councilmember H. Katz. Discussion was
held. The motion was unanimously approved.
Councilmember A. Katz moved to direct staff to evaluate the
parking situation, including an evaluation of building permits
and planning that is under way right now, look at the
consul tant. s report on the parking usage, and identify which
structures should be expanded and the method of financing.
Second by Mayor Reed. The motion was unanimously approved.
Discussion was held. Councilmember A. Katz moved to direct staff
to monitor regularly the parking needs and usage in this district
after the new structure is built. Second by Councilmember H.
Katz. The motion was unanimously approved. Discussion was held.
Mayor Pro Tempore Jennings moved to direct staff to look at the
feasibility of including the properties north of Wilshire and
down Second and Fourth Street to Colorado. The motion failed for
lack of a second. Councilmember Epstein moved to direct staff to
consider some of the equity issues on the assessments for the
operating revenue and report back at a later date. Second by
Councilmember A. Katz. The motion was unanimously approved.
ADJOURNMENT: A motion was made, duly seconded and unanimously
approved to adjourn the Parking Authority meeting.
4
August 19, 1986
123
REDEVELOPMENT AGENCY SPECIAL MEETING:
A special meeting of the Redevelopment Agency was called to order
at 10: 41 P.M. by Chairperson Reed in the Council Chambers on
Tuesday, August 19, 1986.
Roll Call: Present: Chairperson Christine E. Reed I
Chairperson Pro Tempore William H. Jennings
Member David G. Epstein
Member Alan S. Katz
Member Herb Katz
Member Dennis Zane
Also Present: Executive Director John Jalili
Executive Attorney Robert M. Myers
Agency Assistant Secretary Donna R.
Betancourt
RA-l: OCEAN PARK AND DOWNTOWN REDEVELOPMENT AGENCY PROJECTS:
Presented was a staff report and a public hearing in regard to
Proposed statements of Existing obligations and Programs related
to tax increment proceeds of the Ocean Park and Downtown
Rdevelopment Agency projects. Discussion was held. The public
hearing was declared opened. At 10:50 p.m., there being no one
wishing to be heard, Member Epstein moved to close the public
hearing. Second by Member H. Katz. Member Epstein moved to
adopt the following resolutions I second by Member H. Katz,
reading by title only and waiving further reading thereof:
Resolution No. 408 (RAS) entitled: "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT AGENCY, CITY OF SANTA MONICA, CALIFORNIA
ADOPTING A STATEMENT OF EXISTING OBLIGATIONS FOR THE OCEAN PARK
PROJECT NO. l(A) ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ON JUNE 30, 1960 AND AMENDED ON NOVEMBER 14, 1967";
Resolution No. 409 (RAS) entitled: itA RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT AGENCY, CITY OF SANTA MONICA, CALIFORNIA
ADOPTING A STATEMENT OF EXISTING OBLIGATIONS FOR THE OCEAN PARK
PROJECT NO. l(B) ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ON JANUARY 24, 1961 AND AMENDED ON JANUARY 12, 1965 AND
SEPTEMBER 12, 1972";
Resolution No. 410 (RAS) entitled: "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT AGENCY, CITY OF SANTA MONICA, CALIFORNIA
ADOPTING A STATEMENT OF EXISTING OBLIGATIONS FOR THE SANTA MONICA
DOWNTOWN REDEVELOPMENT PROJECT ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ON JANUARY 13, 1976";
Resolution No. 411 (RAS) entitled: "A RESOLUTION OF THE SANTA
MONICA REDEVELOPMENT AGENCY, CITY OF SANTA MONICA, CALIFORNIA
ADOPTING A STATEMENT OF EXISTING PROGRAMS FOR THE SANTA MONICA
5
August 19, 1986
I
124
DOWNTOWN REDEVELOPMENT PROJECT ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ON JANUARY 13, 1976".
Agency vote:
Affirmative: Members Epstein, Jennings,
A. Katz, H. Katz, Chairperson Reed
Negative: Member Zane
Absent: Member Conn
ADJOURNMENT: At 10:55 p.m., Member Epstein moved to adjourn the
Redevelopment Agency meeting. Second by Chairperson Reed. The
motion was unanimously approved.
ADJOURNED COUNCIL MEETING RECONVENED:
The following items were considered, having been continued from
and added to the regular agenda of August l2, 1986:
8-C: DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT: A
staff report transmitting an ordinance for introduction and
adoption setting tax rate for Fiscal Year 1986-87 for the
Downtown Parking and Business Improvement District was withdrawn
at the request of staff.
Il-B: CLOSED SESSION: Presented later in the evening.
l1-C: CALIFORNIA LOCAL GOVERNMENT FINANCE JOINT POWERS
AUTHORITY: A staff report recommending the city Manager be
authorized to submit a letter of commitment for participation in
the California Local Government Finance Joint Powers Authority to
secure a source of capital project financing for 34 months was
withdrawn at request of staff.
l4-E: BOARD OR COMMISSION APPEAL: The request of Councilmember
H. Katz to discuss the inappropriateness of a commission or Board
directly appealing items to Council after they have voted on it
was continued to the next meeting.
11-B: CLOSED SESSION: Presented was a request for Closed
Session to consider personnel matters and threatened litigation,
pending litigation, and litigation to be commenced by the city.
At lO: 55 p. m., Councilmember Epstein moved to retire to Closed
Session to consider the following cases: City of Santa Monica v.
County Board of Supervisors (proposed litigation); Yong Cha
KinslOW I et al v. City of Santa Monica, Los Angeles Superior
Court Case No. C 606944; and Nancy Carpenter v. city of Santa
Monica, santa Monica Superior Court Case No. WEC 95474. The
motion was duly seconded and unanimously approved. At ll: 15
p.m., Council reconvened with five members present,
Councilmembers A. Katz and Conn absent.
6
August 19, 1986
125
Councilmember
Carpenter v.
Councilmember
vote:
Epstein moved to award settlement in the case of
city in the amount of $5,500. Second by
H. Katz. The motion was approved by the following
council vote:
Unanimously approved 5-0
Absent: Councilmembers Conn, A. Katz
ADJOURNMENT: At 11:10 p.m., a motion was made, duly seconded and
approved to adjourn the meeting.
iou--eb
APPROVED:
(I.k~.e I~
~hristine E. Reed
Mayor
Donna R. Betancourt
Assistant City Clerk
7
August 19, 1986
I