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City council Meeting: 8/22/89
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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
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AUG 2 2 1989
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(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
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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.
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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
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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
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