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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