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SR-414-002 e Lj/ 'i ,,- 002 e b-C C/ED:HSG:JG:wp City council Meeting: 8/22/89 l' L"'lI ~ .-t~'-.! ~ Z 19B9 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Adopt Resolutions Correcting Resolutions Number 7848 (CCS) and 7849 (CCS) Relating to the Ocean Park Redevelopment Project Low and Moderate Income Housing Trust Fund. INTRODUCTION This report transmits for adoption two Resolutions correcting typographical errors in allocation amounts included in Resolutions Number 7848 (CCS) and 7849 (CCS), which were adopted by the city Council on July 25, 1989. BACKGROUND On July 25, 1989 I the City council adopted three Resolutions finding the allocation of tax-increment funds for affordable housing activities to be of benefit to the City's three redevelopment proj ect areas. However, two of the Resolutions inadvertently contained incorrect allocation amounts and were therefore inconsistent with both the staff report and the Resolutions adopted on the same date by the Redevelopment Agency of the City of Santa Monica. DISCUSSION Adoption of the attached Resolutions is necessary at this time in order to amend the allocation amounts in Resolutions Number 7848 - 1 - b-C AUG 2 2 1989 e e (CCS) and 7849 (CCS) to match the allocation amounts contained in Resolutions Number 427 (RAS) and 428 (RAS). FINANCIAL/BUDGETARY IMPACTS No financial or budgetary impacts are anticipated as a result of the actions recommended in this report. , RECOMMENDATIONS It is recommended that the City Council adopt the attached Resolutions of the ci ty Council of the ci ty of Santa Monica amending Resolutions Number 7848 (CCS) and 7849 (CCS) as described in this report. Prepared by: Jack Gardner, Senior Development Analyst Department of Community and Economic Development :benefit2 - 2 - I - . .. e Lj! t/.-- tJ{J'Z- e CITY OF SANTA MONICA STAFF REPORT TO: f.1ayor and City Councll FROM: Clty Attorney SUBJECT: Report regarding authorlty of Parklng Authority to dispose of land. INTRODUCTION This report supplements Oplnlon ~79-148, dated July 13, 1979, by conslderlng the steps necessary for the Parking Authorlty to transfer the parcel of land at 175 Oceah Park Boulevard (the Site) to a prlvate developer for the development of low lncorne housln9. II We conclude that the transfer may be made by a ma)Or1ty of the membershio (4 votes). We recommend that any transfer be accompanied by expllcit find1ngs that the land 1S no longer needed for parking, and that housing lS a preferable pub11C use for the slte. ANALYSIS As has been more f~llv descrlhen ln Op1n1on #79-148, the site was acqulred by th8 Parklnq Authorlty in 1959. Twenty- seven housing units in two structures were placed on the site to house those dlsplaced by the Ocean Park Redevelcpment ProJect. The Authority lease~ the units to the City. The lease exoireD and all but four of the unlts have been vacant for at least flve years. All the units have been reglstered wlth the Rent Control Boara. -l/such a transfer is one option avallable for the use of the site. Among the others are to rehabilitate the existlng unlts, to d~mollsh and rebUlld them, or to demollsh them for parking purposes. II;; - /tPR 2 2 ll:iQU 1/ /I AP R 2 2 P /' e e " ... Opinlon ~79-l48 recon~ends that the site and the strlp of land on Barnard Way be transferred to the City and then to the developer as a slnqle develop~ent. Slnce that opinion, the strip has been separated and the excluslve rlght te. negotlate for development awarrled to u. S. Condominlum Corporatlon. Slnce the t~o parcels are no longer belng consldered a single development, lt appears reasonable to consider transfer of the 51te dlrectly from the Authorlty to a developer. The Parking Authority 15 empowered to sell land it owns. Streets and Highways C00e SectlQn 32S02(C) provides: The authorlty nay: (c) sell, lease, exchanqe, transfer, assiqn, or otherWlse dlspose of ar.y real or personal property or any lnterest ln such property... . ThlS section is not quallfled by statutory or case law. The actions of the Authorlty are Clrcumscribed by the general prlnciple that publlC property held for a particular purpose may not be dlsposed of except for another public purpose and unless the property is not necessary to the attainment of the original publlC purpose. Since the Santa ~1onlca Authorlty has seven menbers, and since Seetlon 32657.7 calls for a slTIple Najority vote for "any action", four votes \V'ould be requlred for Authority action. If the Authority transfers its property directly to the developer, lt would do so unner the provislons -2- e e of the ParkIng Authorlty Law of 1949 rather than the ~unlClpal Code; consequently, the reguire~ent for bidding found ln S~~iC Section 2508A would not apply. If the Authority transfers the land to the City, five votes are requlred to effect a sale wlthout competitlve biddlng. The Authorlty should make an expliclt findlng that the land lS no longer needed for parklng purposes. ?he Authorlty has broad discretlon in makIng thIS findIng - it should consider the need for parkIng in the area and the existence or potential of alternatlve parklng sites. Even though the Parklnq Authorlty law does speclfically reqUIre it, it seeMS prudent for the Authoritv to ~ake an addltional determinatIon that hOUSIng rather than parkIng IS a preferable use of the sIte. It should be noten that the twenty-seven unIts are controlled rental units, reolstered WIth the Rent Control Board; therefore, a removal permlt is required. It appears that these units would qualIfy for removal since low lncome housing wlll replace all the lost units. See City Charter Sectlon l803(t). Prepared by: Stephen S. Stark Charles J. Post -3-