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SR-11-A (10) :>, City Council Meeting: May 10, 199J CED:MT:JM: jal :;anta Monica, California Yt'2--00S- TO- Mayor and City Council FROM: Ci ty Staff RE: Pier Staff Report I) --It- HAY 1 0 \~~1 current and staff's proposals Attached please find the Pier staff report which deta~ls the / for the future status presents management and reconstruction/restoration of the Santa Monica Pier. MT;JM: j<\l Attachment Il-f1 --~- - . "" --- "- ... ~..... ...~ ~ -~ c. a 9o,I.L. ':; '% ''t'' "\ ~'O '0 {\. M011 . I o Ca '" 1~~ (! I ~~~ 1V~-1"T' . ." -.,: ::;I:' ~""': :~ , '!t'.:::=s.~- t-- ,- -.-- ..~--- .. ." ...1!:' fL I.,., .)....rI.,r .r~. .; ;'7"__'- " 11~, I, ,~ .., rJ ~II ~ .. I ' .,. . - - I ~ (,I. :-:-.;:t-- I r ~ '--. d TiIrg::-' ~ .JL....../ ...!!, -q 1'::::::- ~ . ").. ;;fl - - ;_.... _..._.__.:.~.-:- .:--......:.::--~~- - - ~- . '.--:: :-rvrr- ---~T,,;r.;A( ~- . - . ,. t :::;-i"l'rll!'!l. , .: '.' :, ~ , ~ , ! ~I .d.~!,.1I , I- .,' .r,., · ~- \" .." I r' . ~,,' ~- ~ I -f . I " , I _I r ,..' r . ,~,\J.h~i~i TIl ~'~2'1(.ld ..i:..l~ ~,~ " ~ ~~ -~ ~~ ~~=;;;"-~:-~-~\ --==~:~.::::. '-:::: _~_==-_l .... .' ..":. -I -. -, ---- - ._----------.. --. -=--==- -- '-- -- ~~-- - . ~. EXECUTIVE SUMMARY I INTRODUCTION TABLE OF CONTENTS PAGE II ~ 1 CURRENT STATUS A. Emergency Repair ~ork B. Emergency Budget Appropriation C. Federal Disaster Assistance D. Debris in Deauvi11e Lot 3 4 8 16 III SHORT TERM ISSUES A. Temporary Operat~ons for Bus~nesses Destroyed 17 B. Leasing Strategy for Existing P~er Tenants 19 C. Park~ng and Traffic Plan 22 D. Role of the Harbor Guards 23 E. Pier Promot~on 24 F. Role of the Pier Task Force 25 IV LONG TERM PLAN A. Santa Monica P~er Restoration Corp. 28 B. Scope of Reconstruction/Restorat~onl 45 Breakwater Issues D. Process for Reconstruct~ng the P~er Platform 51 V RECOMMENDED ACTIONS 62 VI APPENDICES Appendix A: Appendix B: Appendix c: Appendix D: Breakdown of Citywide Damage by DSR Explanatory Notes on Development Costs Breakdown of cost for Reconstruction of Platform Calcu1at~on of Capitalization of Lease Revenue MAY 1 0 1983 EXECUTIVE SUMMARY Background The two severe storms of this past winter caused much damage to the Santa Monica Pier. The scope of the damage and the magnitude of the restorat1on have raised complex issues Wh1Ch the City Council must address. Th1S staff report analyzes and makes recommendat1ons for the maJor issues of future P1er management and the process of reconstruction. In add1tion, it ident1fies decisions required to complete the emergency clean up work and those relating to leasing issues 1n the interim period before reconstruction 15 completed. Summary of Major Findin~s and Conclus1ons A. Current Status of Emergency Work the rema1ning storm-damaged portlons of the Pier have been secured and stab11ized; uncertainty of actual extent of damage and unfavorable weather condit1ons contributed to cost overrun of $15,,000 on Meek Construct10n Company contract; Federal and State inspection teams have found $408,384 of the City's claims for emergency work to be eligible for reimbursement; surveys on the permanent construct10n are not yet completed; one necessary remaining act10n 1S the removal of debris from the Deauville lot. B. Short-term Leasing Issues all leases for facilit1es lost on the Pier's west end should be terminated; temporary operat10ns for businesses destroyed during the storm include proposal for Oatman Rock Shop to sublease space from Beryl's studio and owner of Porthole Cafe to operate a vending cart; 1 ~ 1eas1ng strategy for existing tenants 1ncludes negotiation of three-year lease for all lessees with the opportun1ty to negot1ate longer leases for those lessees wlshing to commit to significant capital investment; C. Long-term Plan the lack of conSlstent management authority and overlap of depart~ental responsibl1t1es h1nders the ability of the current management structure to effect1vely oversee the restorat1on and economic rev1tal1zation of the P1er; the development costs include an est1mated $7.2 for reconstruction of the platform {the port10n destroyed in the storms} along with $5.3 million to accomplish the restorat1on outlined 1n the Pier Task Force Guidelines for a total of $12.5 million; additlonal costs for a parking structure may range from $8 million to $14 million: the process for reconstruct1ng the Pier platform the selection of an Architectual/Engineering Construct1on Manager, and a Construction company the results of compet1tlve bldding. includes firm, a based on Recommended Actions 1. Allocate $75,000 from the unappropriated General Fund Reserves and appropriate $60,000 for removal of debris from Deauville lot and $ 15,000 to cover cost overrun on Meek's contract. 2. Approve leasing strategy as outlined 1n the report, spec1f1cally a) approve sublease of 350 square feet of Beryl's Studio to Oatman Rock Shop, b) d1rect staff to return to Counc11 with proposed lease agreements between September 1 and December 30, 1983, c) terminate leases with bUS1nesses destroyed during storms. 11 ~ 3. Approve the concept of creating a Santa Mon~ca P~er Restoration Corporation for the purpose of managing the recons~ruction and restoratlon of the Pier and for ongoing Pier operations, and d~rect staff to prepare the appropriate documents to create the Santa Monica Pier Restorat1on Corporation. 4. Approve the Pier Platform Reconstruction Strategy as outlined 1n the Staff report and authorize the City Manager to seek proposals for an Arch1tecturaljEngineering firm and Construct1on Manager and recommend award of contract. 1i1 ... I. INTRODUCTION The fierce storms of this past w1nter will not be eas1ly forgotten. There was much damage to Santa Monica's beaches, sewers, roads, and most sign1ficantly to 1ts unique and historic Santa Mon1ca Pier. Staff reported to Council after the January 27 storm and again after the March 1-2 storm. Estimates of damage were g1ven along with recommended actions necessary to ensure public health and safety. Staff now returns to Council w1th this report which is an affirmat10n of the City's efforts to secure and restore the Santa Monica Pier. This report has two purposes. The first is to present 1nformation .to Council about act10ns that have already occurred as well as those that will occur 1n future weeks. These are actions Wh1Ch staff has ta~en or will take wh1ch are administrative rather than policy-related and do not reQU1re Council action. The second purpose of this report is to identify the decisions that must be made by Council. These include policy management decisions w1th regard to leas1ng, the future management of the Pier, and the process of rebu1lding the Pier. For ease of presentation, this report is divided into four maJor sections: 1 CURRENT STATUS provldes information on the results of actions taken in response to the emergency. SHORT-TERM ISSUES addresses actions to be taken in the interim perlod such as parking, leasing, promotion, and identifies POllCY decisions requlring Council action. LONG-TERM PLAN analyzes the policy declsions that must be made with regard to future management of the Pler and its reconstruction and restoration. RECOMMENDED ACTIONS lists the steps which staff proposes Council take to achieve the objectlves described in thlS report. 2 II. CURRENT STATUS The first part of this report will assess the current status of actions taken immediately after the Mar~h 1-2 storm. These include emergency repa~r work, emergency budget appropriation, and appl~cat~on for Federal d~saster assistance. A. Emergency Repair Work The March 1-2 storm caused much destruct~on and left portions of the P1er hanging precar~ously over the ocean. The C1ty acted exped1tiously to stabilize the remaining portions of the P~er. Moby's Dock and the bumper cars have been secured through the work performed by John L. Meek Construct1on Company. Work began 1n the area immediately adJacent to Moby's Dock Restaurant, between Bents 26 and 38. During the period March 3 to Apr11 20, 1983 {34 working days', the contractor completed the following work. mobilized manpower and equipment and moved on and off jObsite, replaced 20 miss1ng and broken p~les and reset and reconnected f1ve piles that had been d~slodged from caps, replaced longitudinal and transverse brac~ng, caps, and all appurtenant hardware connections, - replaced missing pile under the Bumper Cars. 3 Addl~lonal emergency repa1r work will be performed by Clty forces. ThlS work 1S in the area on the southerly Slde of the Bumper cars and western side of Newcomb Fier which is ~anging and poses a threat to publlc safety due to its proximity to the beach. The Pler Malntenance Crew will cut the hang1ng portlons (approximately 3400 s.P.), square off the area, and haul away the material that may not be salvaged. Santa Monica Fence will then install a fence around the perimeter of the area. The cost for labor will be absorbed by the operating budget yet it will be subject to reimbursement by the Federal Government. However, the use of City forces will delay the completion of work on the mid-section of the parking area by approximately 30 days since they will be diverted to perform these repairs. The work lS expected to be completed by May 15. The summary of costs for emergency repair work is included in the next section. The City may antlcipate the re-openlng of the western end of the Fler by the end of May. Both Moby's and the Bumper Cars will be open for business and fishing will again be poss1ble off the far end of the remainlng portion of Municlpal Pier. Thus the festlvities for "Save the Pier Week," May 23-31, which will be held in this area will be cause for celebration of the City's efforts to repair thlS sectlon of Pier and provide for its use and enJoyment by the public. B. Emergency Budget Appropriation The City Council appropriated $200,000 on February 1, 1983. 4 Following the March 1-2 storm, the Councll approprlated an additlonal $216,368 to cover emergency costs lncurred as a result of the storm as well as those costs deemed necessary in the near future. Table I below summarlzes the status of the emergency disaster fund and indicates the expenditures both incurred and anticipated for the remainder of the fiscal year. The Clty Council appropriated a total of $416,368 to cover emergency costs related to both storms. Staff estimates that a total of $432,208 will be expended. 5 " Table I: Status of Emerqency Dlsaster Appro~rlatlon ACTIVITY fu~OUNT APPROPRIATED MARCH 8 Demo1ltlon Salvage FEB. 1 100,000 25,000 Reconstructlon Admlnistratlon 25,000 Emergency Costs (Labor & Equlpment) Chain Llnk Fenclng Concrete Footlng for Restroom Englneering Study for Salt Water ~vells 63,243 15,000 50,000 108,125 20,000 5,000 5,000 200,000 216,368 TOTAL APPROPRIATED 163,243 25,000 40,000 158,125 20,000 5,000 5,000 416,368 6 EXPENDED ESTI~~TED THRU 3/83 THRU 6/83 187,362 7,644 9,098 145,092 12,043 361,239 3,700 30,902 TOTAL 191,062 7,644 40,00:: 42,667 187,7:59 7,200 5,000 89,469 Less lne1iglb1e expendltures returned to Departmental budgets 19,243 5,000 450,708 - 18,500 $ 432,208 The breakdown for the Emergency Dernol~t~on and Repair work ~s as follows: Healey Tibbitts $ 37,469 +149,893 $187,362 (This represents approximately a 10% cost overrun on the on the or1g1nal budget) John L. Meek Equipment rental + 3,700 to complete repa~r work by city forces $191,062 The cost est~mate for the work to be completed by John Meek was low. The estimate was made dur1ng a period of uncertainty as to the extent of actual damage. As the exact demands of the work became known 1t became clear that Meek would not be able to complete the full amount of work to be done under the available funds. Weather conditions contr~buted to the cost overrun as well since the crane was moved from the end landward in ant~cipat~on of a severe storm in ffi1d-March. Luck~ly the storm caused no damage but two working days were lost at a cost of $7,000. Council waived competitive bidding on a total of $200,000 of emergency work in resolutions passed on February 1 and March 8. Staff will request an appropriat~on of $15,000 in recommended act~ons sect~on to cover this cost overrun. Based upon Federal Emergency Management Agency (FEMA) regulat~ons, the City has determined that certain costs will not be eligible for reimbursement and will be pulled from th~s emergency fund and restored to the appropr~ate departmental 7 , budget. These are costs that have been previously ~ncluded in depar~mental budgets. The pr~mary one is regular hours for Police wh~ch were charged aga~nst th~s account; only overtime is eligible for reimbursement. The figure of $18,500 m~ght increase as the City's cla~ms are reviewed by Federal government and staff deter~ines that more costs will not be el~gible. The next sect~on will provide an analysis of the impact of Federal Disaster Assistance on the emergency appropriat~on. C. Federal Disaster Assistance Th~s section of the report will exam~ne what the City may expect in regard to Federal Disaster Assistance reimbursement. Following the March 1-2 storm, representatives of both the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) visLted the City for the purpose of conducting Damage Survey Reports (DSR's). DSR's form the basis for the determination of elLgible work but they do not constitute any approval of work or commitment of Federal funds. The'DSR's must be reviewed and approved by FEMA's Regional Director before the Federal government w~ll obligate funds for el~gible wor~. However, the DSR's do provLde a complete descr~ption of the damages and a statement of the scope of eligible work along with a detailed estimate of costs. Thus they do indicate to the C~ty a reasonable assessment of what will be eligible. 8 ; ~ In preparatLon for the inspection team visLts, C~ty Staff painstakingly compLIed documentat~on to account for all labor, equipment and materLal costs for each proJect and each claim. In many cases this involved pulling records from as ~any as f~ve departments. City Staff then had to Just~fy the work done and the costs involved as well as negotiate for eligibility. Thus the DSR's represent a combinat~on of staff's administrative and negotiation efforts and interdepartmental cooperation. The discussion wh~ch follows will cons~der four areas: (1) City-w~de damage, (2) PLer damage, (3) ~mpact of Federal Assistance upon emergency appropriation, and (4) hazard mitigation. City-w1de Damage (Non-Pier) As a result of both the January 27 and March 1-2 storms, the City suffered damage to its beaches, streets, sewers, cemetery and airport. Three DSR teams have visited the City to assess elLgibility of cla~ms in the following categories: A. Debris Clearance E. Public Buildings & Equipment B. Protective Measures F. Public UtLlities c. Road Systems I. Other Damage The results to date of the DSR teams' findings are summarized below by category. A complete breakdown by specific location is included in Appendix A. 9 " .. Table II: Su~ary of ~on-P~er Damage Est~mates Debr~s Clearance Protect~ve Measures Road Systems ?ubl~c - Build~ngs Publ~c Utiht~es Other TOTAL CATEGORY A B C E _ F I CITY CLAIM $66,480 15,653 184,059 3,050 54, 804 52,568 FE.MA ELIGI3ILITY $53,949 10,623 4,694 2,744 35,985 21,000 eXPLANATION Clty rates for equlpment are higher than those used by FEMA Damage to fence In pallsades Park was Judged to have been caused by prevlous sl~de Sta~rwell on PCR was damaged dur~ng prev~ous storms and rules ~nellg~ble ($90,000) $75,000 for trenches 15 class~f~ed as normal Clty rrla~ntenance $~7,000 for pothole and pavement damage is classl- f~ed by FEMA as normal maintenance. This ~s under appeal Dra~nage channel at A~rpor~ was ruled to have been damaged durlng preVlOUS storms ($23,000) C~ty clalmed $30,000 for structural damage to Beach restroom #5. DSR team found no permanent damage; emergency repairs were covered under Cat.B $376,614 Var~ance: $128,995 $247,619 10 The DSR teams found $128,995 to be el~g~ble: $64,423 is for emergency work and $64,572 ~s for permanent work. Emergency work ~s considered work that had to be done immediately to save l~ves and to protect property. Permanent work is the restorat~ve work that must be done to restore a facility to its pred~saster design. As a study ~s conducted to assess the damage to the salt water wells, it is possible that an additional $800,000 damage may be claimed. It should be noted that the city expected to lose out on certa1n cla1ms, 1.e., sta~rwell on PC3, airport, wh1ch had been Judged ~neligible in the past. Santa Monica Pier Dama~e The results of the DSR's completed to date on the pier are another cause for C~ty pr1de 1n its response to the emergency. Not only has the City secured the P1er, but it had the documentation to ensure that the work performed would be el1gible for reimbursement. Dur1ng the week of April 11 the first of three DSR teams to survey the Pier completed their investigation of emergency costs (all Category B) and their assessment of replacement cost for Pier superstructure (th1s 1ncludes decking, piling, rail1ngs, stairways). A second DSR team will be assessing replacement costs for the buildings, utilities, and City property destroyed. The third DSR team will return to complete the1r survey of damage 11 " to the breakwater once the City completes its own ~arine survey. below. The results of the DSR's completed to date are given In the table Table III: Summary of Pler Emergency Work Estlmates EMERGENCY WORK DESCRIPTION Emergency Repalr Contracts wlth Healey TlbbJ.tts and John t-leek Salvage Operation Securlty (includes costs for Police, Harbor Guards, Extra Parklng Attendant) Pumplng Barrlcades/Slgns/ Utlllties/Fencing Clean-up and super- VlSlon of contract work Temporary Harbor Offlce (lnc1udes 18-month rental of trailer and equlpment, labor & materlals for set-up) Repalr work to be done by Clty forces TOTAL EMERGENCY WORK: CITY CLAIM $187,362 12,24 1 77,623 15,137 22,881.66 13,306 10,661.40 31,350 $ 370, 562. 06" 12 FEMA ELIBILITY $187,36'2 7,644 65,597 14,960 22,537 12,319 10,542 23,000 $343,961 E XPLA.NA,TI ON FEMA's equipment rates are substantlally lower than City's After Storm 1 Clty clalnec regular hours for Pollee; these are lne11gible Equipment rate difference City estlmates 1500 L.F. of fencing; FE~m estlmate ~s 740 L.F. . . , Permanent Construction As noted above, FEMA has completed one DSR relating to the replacement cost for permanent construction. Th~s is specifically for the pier superstructure. There is a substant~al difference between the C~ty's estimate and FEMA's est~mate, namely $2.5 million. This ~s due to the City's use of $7500 per pile as compared to FEMA's rate of $2500 per pile. One reason for the difference is that the City's Engineer~ng Department gauged wor~ the~r estimate on past contracts wh~ch did not ~nclude on the same scale as will be done for the reconstruction. As is the case with economies of scale, the unit costs drop considerably as volume increases. It should be further noted that the actual re~mbursement will be based not on the DSR, but on the lowest b~d the City rece~ves when the work ~s put o~t for contract. In summary, the cost for replacement of P~er superstructure destroyed as a result of both storms is given in the table on the next page. 13 Clty Estlmate Superstructure Pl1lng Pavlng Ralllng Stalrways/Gangways Float Englneerlng 106,000 SFe $15 600 @ $7,500 65,000 SF @ $2 1,590,000 4,500,000 130,000 44,000 15,000 10,000 (l~cluded In above) FEMA Estl.l'1ate' $6,289,000 FEP~ combl.nes decking, pl1ing and pavl.ng lnto cost per SF Lower deck: 26,486 SF @ $25 8400 SF 'e $19 662,150 159,600 821,750 1,092,344 1,398,937 112,750 24,800 51,600 190,000 $3,692,200 Upper deck: Newcomb Pl.er Ral.ll.ngs Stalrways/Gangways Float Englneerlng 24,826 SF @ $44 45,127 SF @ $31 Impa~t of Federal Disaster Assistance on Emergency Budget Appropria tion Staff estimates that the City will expend $432,208 for disaster related activities. These are costs which fall ~nder the category of emergency work. According to the DSR's which have been completed on the emergency work, $343,961 has been found eligible for Pier-related work and $64,423 for other City-wide damage for a total of $408,384. If this amount is approved by FEi~, the City would receive $306,384 which is 75% of $408,384. The net cost to the City for emergency work would be $125,824 minus any other costs which might be absorbed by departmental operating budgets. Final settlement does not occur until the C~ty completes all approved work and pays all related bills. However, the City may apply for an advance of funds to meet current obligations for 14 " elig~ble work and those ant~cipated for the next 60 days. The advance of funds is based upon an approved applicat~on which requires all OSR's to be complete. S~nce several OSR's are still to be conducted, the City cannot antic~pate any advance funds for at least two months. Hazard M~ti9ation The DSR ~nspect~on team for the P~er has submitted a proposal for Hazard Mitigat~on along w~th the DSR. FEMA def~nes hazard as any natural source of danger or element of risk which is ~dent~f~ed after a maJor disaster or emergency. M~tigation is the means to alleviate the effects of a major disaster and future disasters in affected areas. They recommend that a study be made as to the feas~bility of rebuilding the lower deck. The impact of such a recommendat~on on the C~ty's appllc3tion i$ that review of th~s DSR ~s suspended until the City responds to the proposal. The C~ty will respond in the appropr~ate form of a letter outllning the kinds of studies the City intends to undertake ~n carrying out the reconstruction and by stating its intention to investigate obtaining wave wash insurance aga~nst future damage. It should be noted that the cost of whatever steps are taken to mitigate future hazards must borne totally by the City. Thus, as the City emerges from the emergency period of the past 3 1/2 months, it can look to a Pier which has been secured, 15 " which can st~ll provide recreat~on, and which has the reasonable assurance of Federal funding for its reconstruction. D. Debris ~n Deauville Lot There is one rem~nder of the storm wh~ch requires Council action. Th~s is the p11e of debris in the Deauville lot. The C~ty sought b1ds prev10usly for salvage but the b~d did not include hau11ng away the debris which is estimated at $60,000. Staff will ask for authorization to bid and enter 1nto a contract later in the Recommended Actions sect~on of this report. The City is seeking Federal reimbursement for this work. # 16 III. SHORT-TERM ISSUES rhe second part of the staff report examines issues which have an impact on the operat~on of the P1er during the period of time pr~or to completion of restoration. The concerns which must be addressed during the ~nter1m per~od Lnclude (1) Temporary operat~ons for businesses destroyed, (2) Leas1ng Strategy for remaining bus1nesses, (3) Parking and Traffic Plan, (4) Role of the Harbor Guards, (5) Pier Promotion, and (6) Role of Pier Task Force. A. Temporary Operations for BUS1nesses Destroyed Staff proposes that Oatman Rock Shop be relocated to sublet space from Beryl's Studio at 250 Santa Monica Pier. Approximately 350 sq. ft. of Beryl's 2500 sq.ft. would be turned over to the Rock Shop. Th~s 350 sq. ft. includes the north-east corner of the inter10r, includes one large window for display and the large window/door in the north-east corner wh1ch w~ll be opened for direct public entry into the Rock Shop. Under a sublease arrangement the terms and conditions would be between the Rock Shop and Beryl's Studio. Staff will request that Council consent to the subleasing of a portion of Beryl's Studio in the recommended actions section. Porthole Cafe set up a food vending cart on the Pier on May 1st. The cart carries packaged items such as cold sandwiches, candy bars, cookies and cakes, gum, Juice and soda cans and 17 fruit. Mr. Seo, the owner of former Porthole Cafe, will operate 7 days per week at $12.50 per day wh~ch is the regular current charge for all vendors. Santa Monica Sportfishin~ & Santa Monica Bait & Tackle are bus~nesses wh~ch can not be relocated. 8M Sportfishing requires a loading dock in deep waters for the1r sportfish~ng boats. 8M BaLt and Tackle sold fishing equipment to pier f1shermen. Peterson Company HOLst: Mr. Peterson has elected to relocate in Marina Del Rey, and has terminated h~s lease with the City. Because of the destruction of the lease premises, the city Attorney has recommended that the month-to-month tenancies of any lessee whose prem~ses were destroyed be ter~inated. This action reflects the reality of storm-related destruction and the recogn1tion that these tenants would only occupy new premLses pursuant to a written lease agreement and not pursuant to the current form of their month-to-month tenancies. Finally, the City Attorney has concluded that the termination is necessary to avoid a provision of the month-to-month tenancy that requires either the C1ty or the lessee to rebuild the destroyed premises. 18 B. LEASI~G STRATEGY FOR EXISTI~G PIER TENANTS At the present time, many of the Pier tenants occupy theLr business premises pursuant to month-to-month tenanc~es. Tenants have repeatedly indicated a desire for lease protection. At the same time, outstanding ~ssues conSLder~ng Pier restoration place constraints on both the ability of the City to enter Lnto long term commitments and the ab1lity of tenants to commit the 1nvestment capital that must accompany any long ter~ leases. The City Council had previously directed staff to enter ~nto long term leases. In 11ne with the Pier Task Force Guidelines and to accommodate the interests of the tenants while protecting the ability of the City to ensure an economically viable P~er, (L.e. pay for itself) ~t is proposed that all Pier lessees be offered the opportunity to enter into a three year lease with the City. The lease negot~ation will be gu~ded by the following ter~s. 1. A three year term. 2. A variable minimum rent payment schedule wLth the rate adJusted upward for summer months and downward for wLnter months. 3. A reasonable common area charge will be assessed. Promot~onal fee charges will remain unchanged from the current charge of 4 percent of minimum rents. 19 4. A requirement that the lessee comply w~th operating hours uniformly established by the City. 5. A requirement that the menu of the lessee be annually approved by the City so that the C~ty can ensure diversity in the serV1ces offered at the Pier. 6. A requirement that the lessee comply with rules and regulat10ns adopted by the C~ty and un~formly applied to all tenants. 7. A requirement that the CLty provide Santa Mon1ca Pier Lessees Assoc1ation (SMPLA) an opportunity to comment on common area charges, operating hours, and rules and regulations before being implemented by the City. (SMPLA approval ~s not required.) 8. A list of necessary repairs that the lessee ~s requ1red to make. The lease will provide that if the lessee does not make the specLfied repairs, the City may make the repairs and increase the monthly rent according to a fair formula to recoup the City's costs. It is anticipated that the proposed lease documents will be presented to Council between September 1, 1983 and December 30, 1983. 20 Lease rates will be reviewed on a case-by-case basis and will be adjusted when necessary to reflect comparable lease rates at other California Pier operations. Any lessee who desires to commit to s1gnificant capital investment will be offered the opportunity to enter 1nto a longer lease with the City. The addit~onal term will reflect the amount of the proposed eligible cap1tal Lnvestment. F~ctors wh~ch wLll be considered include the a~ount of the Lnvestment, the tim~ng of the 1nvestment, (including e11gible but unamortized ~nvestment) the type of investment, and the cons1stency of the investment wLth Pier Task Force Guide11nes. A threshold qualification for a lease term exceeding three years is the lessee's demonstrated ability to make the capLtal investment. The longer term Leases exceeding three years will have a provision authorizing the C~ty to terminate the lease any tLme after three years upon payment to the lessee of the unamortized value of the lessee's approved f~xed cap1tal investment, less depreciat10n. Lessees whose leases have been termLnated will be offered an opportunity to negotiate a new lease for comparable space elsewhere on the Pier. Amortization of capLtal investments made by longer term lessees will be allowed for improvements to the building's shell or other capital expenses normally paid by the lessor (i.e. not part of the da11y operat1ons of the lessee's bus1ness). The amount to be credited shall not exceed fifty (50%) of the total approved expense nor shall the amortization 21 perLod extend beyond the econom~c life of the improvement to lessor's property. The annual amount to be amortized w111 be credited aga1nst the lessee's percentage of gross sales rent. All proposed leases and termLnat~ons negotiated pursuant to above parameters will requ~re Council approval. ~. Parking and Traffic Plan Following the March 1-2 storm, the City was faced with the challenge of devis~ng a parking plan that would serve the interests of the P~er lessees and that would offset the loss of parking P1er. Santa space from the storm-damaged southwest end of Newcomb The following plan was developed in consultation with Monica P~er Lessees Association (SMPLA) and the City's Recre~t~on and Parks Department: On-the-P1er Parkins: The fifty spaces which are currently available on the P~er are now used for publLc parking. The winter rates (October 1 to April 30) are $1.00 for two hours, and $3.00 for all day parking with no val~dation. The summer rates (May 1 to September 30) are $2.00 for two hours and $4.00 for all day with no validation. Since the demand for on-Pier parking is high and the supply is low, Lt was Judged that people would be willing to pay a premium. Five spaces will be reserved for handicapped parking at no charge. All City staff, business owners, employees and contractors will park in the 1550 lot north of the Pier. 22 l550 Beach Lot Parking: The Department of Recreation and Parks will continue to operate this parking lot. To accommodate and encourage use of the lot by P~er visitors, the current operat~on of the lot must be modified. The proposed FY1983-84 budget 1ncludes funds to evaluate and purchase needed equipment, security and va11dation system, which if the budget is approved, could be ~n place by September 1983. The plan is to operate the lot each day from 8:00 a.m. to midnight, to charge $3.00 per day but provide a validation system to allow for reduction of park~ng rates for Pier business customers, and to provide necessary security. Until such t1me as the new system 1S set up, the rate for the 1550 lot w~ll be $2.00 per day on weekdays and $3.00 per day on weekends and holidays. It will be staffed daily from 8:00 a.m. to sunset. Since these are new procedures, minor administratLve changes may be necessary to ~mprove effect1veness. D. Role of the Harbor Guards Harbor Guard roles will change substantially over boch the short-term and long-term. Boat maintenance, anchor, bouy, and mooring repair, and general mariner assistance responS1bilities will decrease. The Harbor Guards will be responsible for security patrol of Pier, the area beneath the P~er, and the 1550 parking lot. This change will necessitate the purchase of walk1e-talkies, new uniforms, and will require additional training. 23 E. Pier Promot~on The winter storMS and resulting damage to the Pier were accompanied by an outpour~ng of public concern. The SMPLA had hired LOU1se K1effer as Promotion Manager for lessee's act~v1ties and the C~ty contracted with Ms. K~effer to coordinate spec1al events and focus attention on the reconstruct1on of the P~er. Louise Kieffer then began work with a steering committee representing City Staff, SMPLA, Pier Task Force, and Arts Commission to develop the idea of "Save the pier Week." The Steering Committee Judged that the objectives of raLsing public awareness about the Pier and creating an atmosphere of comrnunLty participation and support were the primary aims of the promotion effort. The highl~ght Week" , May 23-31. of the promotional plan is "Save the Pier The Pier is booked solid with special events for the week, ~ncluding an opening ceremony featuring 30 Arabian horses in full dress parading down the Pier. Reggae, Jazz, Indian, country and rock bands will also appear throughout the week, along with clowns, dancers and other performers. There will be an art exhibit and pie-eat~ng and baby contests as well. On Saturday, May 28, a Variety Show will be held at the c~vic Auditor1um which is be~ng produced by concert promoter, J1m Rissmiller. Among those stars who w~ll appear are Tom Bosley, Catherine Helmond, Linda Lavin, L~nda Gray, Eddie Albert, A Hollywood Film Tribute will Mariette Hartley and Tony Geary. 24 run on Sunday, May 29 featuring films which were shot on the Pier. "Save the Pier" has involved the ~nterest and generosLty of the busLness community as well. General Telephone Company has made a significant contribution by supplying and producing all off1cia1 Save the P1er Week promot10n products, 1ncluding tee shirts, V1sors, bumper stlckers, buttons, which are on sale ~t stores throughout Santa Monica as well as at the "Save the PLer" booth on the Pier. Advertising space in the promotional book, also printed by GTE, which will be distr1buted durlng Save the Pier Week has already been purchased by local businesses. Merchants at Santa Monica Place, Montana Avenue and Main Street will all participate in promotional events during the week. F. Role of the Pier Task Force The PLer Restoration and Development (Task Force) has played a p1votal role 1n shapLng Pler policy SLnce the Task Force was created by the City Counc21 in November 1981. It sponsored three public planning workshops during 1982 and drafted the Pier Guidelines adopted by the Councll on September 28, 1982. These Guidelines were the bas~s of a $500,000 interest-free loan awarded to the City by the State Coastal Conservancy 1n October, 1982. The Task Force also sponsored the recent pier Charrette Design Competition. 25 , , Throughout the January and March storms, and the months of Lntens~ve act~vity since then, the Task Force has provided ~mportant guidance and information to staff on the full spectrum of lssues conta~ned in thLS report. In the com~ng months the1r role w~ll likely include the follow~ng: ass~sting staff to draft the Art~cles and by-laws for the proposed pier Restorat10n CorporatLon, definLng Board member duties and recommending board nominees, monitoring design and construction of the parks proJects at the eastern end of the Pier which were the subJect of the Charrette Des1gn competition, ~onitor1ng the preliminary design phase of the Pier platform reconstruction process, monitoring the ~nit~al operation of the P1er Restoration Corporat10n, monLtoring negotiatLons of new leases wLth existing Pier business tenants. 26 \ IV. LONG TERM PLAN The next part of the report focuses on the complex ~ssues of the future management of the P1er and the process by which the Pier is reconstructed and restored. The discussion of the management question 1ncludes an assessment of past management of the Pier, an examination of organizational models, and a descript10n and Justificat10n for the creation of the Santa Monica Pier Restoration Corporat~on. The sectLon on the reconstruct~on and restoratLon of the Santa Monica Pier identifies the scope of the reconstructionj restoration, the costs of this future development, as well as the sources of funding available. The final segment presents the detailed process by which the city intends to reconstruct the P1er platform. 27 . \ A. Santa Monica P~er Restoration Corporation The Santa Monica Pier RestoratLon Corporation is a proposed public benefit corporation which would manage P~er operat10ns and employees, and would part1cLpate in managing the process of Pier reconstruction, and would oversee new pier commercial construct1on. This section discusses problems w1th previous City Management of the Pier and why a new management structure is necessary. Alternat1ve management approaches evaluated by staff are then described. Finally, the purpose, character~stics and duties of the proposed Pier Restoration Corporat10n are summar1zed. Specif1c staff recommendations are lLsted on page The Need for a New Pier Management Structure The history of the Pier is a colorful one already familiar to most readers of this report. For purposes here, the most relevant aspect of P1er h1story is its treatment within the C1ty from a management point of VLew. The present Municipal Pier was bU11t in 1921 following a successful voter-approved bond 1ssue. The Newcomb P1er, wh1ch comprises that port~on of the PLer supporting the commercial and amusement buildings and the parking lot, was privately owned until purchased by the CLty in 1970. At that t~me, the PLer business leases were ass1gned to the City, which has . 28 . } subsequently renegotiated some of the leases on an ~nd1vidual basis. From the time of the Newcomb P1er's purchase to the present, Pier employees and lease agreements with business tenants have been managed by var40US City departments. The Department of Recreation and Parks was the first principal ~anager, with responsibility transferring over the ensuing years to the then Department of Environmental Services, where the position of Pier Manager was created. The next stop for the Pier was the Department of Entertainment Facilit1es in 1977, then the Department of Administrative Services. The Department of Administrative Services was e11mLnated in 1981 and the Pier was d1rectly managed by the City Manager's Office. Since 1982 the Pier has been managed by the Department of Community and Economic Development. Regardless of which Department has maintaLned pr4nc4pal management responsibility for the Pier, numerous other Departments played a role in day-to-day operat10ns. Even today, at least six Departments are involved: Recreation and Parks (Harbor Patrol, parking lot management and beach maintenance), F4nance Department (data processing and payroll), Personnel Department, General Services (engLneering, ma~ntenance and sanitation), Community and Economic Development (planning and code enforcement) and the C~ty Attorney's office. Although 29 certainly well-mean1ng, City staff has little experience in managing place-speciz1c public enterprises. Th1S constant transfer of respons1bility and changing personnel together with a confusing overlap of respons1bilities has resulted in an unstable management environment which poorly serves P1er lessees, employees, vis~tors and Santa Monica taxpayers alike. The storms of' January and March dramatically underscore the need to recons1der how the City operates and manages the Pier. Among the issues suggest1ng the need for a new approach are the following: now that a large port10n of the parking lot is destroyed, decisions must be made about how to implement the Pier Guideline's proposals for this space when the platform is rebuiltl complex engineering decis10ns must be made regarding the best conf1guration for the westernmost end of the P1er, including a lower fishing deck, a new harbor office, the breakwater, and other issues; rebU11ding the Pier w11l require the resources of the Federal, State and potentially the C1ty treasuries, but even this will not suff1ce. Private ~nvestrnent dollars must be attracted to assist 1n rebuilding of the Pier. Private sector 1nvolvement w1l1 only by forthcoming with assurances of profess~onal Pier management; 30 the task of managing reconstruction as well as new construction and the ongoing restoration process is very time consum1ng and has placed a great burden on City staff. Other Council priorities will have to be delayed or cancelled if C1ty staff 1S to carry out the task of managing th1s effort. . Analrsis of Alternat1ve Mana~ement Models In light of the problems with previous City management of the Pier, and the var1ety of new management issues facing the C1ty, an alternative management structure is required. Toward this end staff has studied var10US models for manag1ng and develop1ng projects like the Pier. Each model was evaluated in terms of the following general cr1teria: -effect1veness in providing stable, professional management of da11y bus1ness affa1rs 1ncluding operating costs and revenues, and personnel management. -ability to provide direct, open fiscal and operational accountability to the C1ty. -ability to attract and package human and financial resources necessary for 1mplementat10n of development projects like those descr1bed in the Pier Restoration and Development Guidelines. 31 . These management models fall generally into three categor1es: a) pr~vate management and development organizations~ b) public Councils, Commissions, Authorities, and Districts~ and c) quas1-public management and development organizations. In the following paragraphs each of these categories is briefly described, illustrative examples cited, and relative strengths and weaknesses of approaches to manag~ng the P~er are noted. The evaluation concludes that a quasi-publ~c organ1zation representing both the private business community and the public at large 1S the preferred alternative. Pr~vate Mana~ement and Development organizations Since the rate 1940's private management and development organizat10ns, formed primarily by central city business leaders, have played an important role in urban redevelopment and revitalization proJects. The~r objective has been to apply corporate planning techniques using an organizational structure outside the normal governmental process 1n the belief that a more flex~ble entity could better manage plann~ng and development projects, and more readily attract public and private capital. These organizations have assumed a variety of legal structures, both for profit and not-for-prof~t. Most have elected self-perpetuat~ng boards of directors, hired paid staff and funded budgets from member donations. Where State law allows, some local governments have granted them broad powers to plan and implement, including the power of eminent domain. In other cases 32 a ~aster lease has been granted to develop and manage discrete projects. Examples of this approach 1nclude: -The Allegheny Conference on Community Development, wh1ch was formed after World War II to revitalize downtown P1ttsburgh, Pennsylvania. The Conference has over a hundred members representing cross section of business, . labor and financial executives. It 1S governed by a 39-member execut~ve committee including the Mayor and County Commiss~oner and been very successful in st1mulating development 1n the downtown Golden Triangle business area. -The Greater Hartford Process, which was formed after racial rioting in Hartford's North End ghetto during the summer of 1967. Led by sen~or executives from the city's largest corporations, Greater Hartford Process undertook ambitious program of phys1cal planning and adm1nistrative reorganizat~on for the ent~re Hartford region. -San Francisco's Pier 39 proJect which is managed by a private for-profit corporation under a 65-year master lease. Redondo Beach Pier also involves master leases but to three seperate entities. Wh~le useful and product1ve in certain instances, private development organ~zat1ons tend to exhibit problems 1n two specif1c areas crucial to the successful development and 33 management of Santa Monica P1er: pub11C accountability and the profit versus public benefit balance. Often, private management and development organizat1ons ut~11ze decision processes which involve small groups working outside of public V1ew unt1l a hnished proposal 1S complete and ready for presentation to a larger sometimes skeptical public. Second, the abili ty to . balance business objectives with somet1mes conflicting social objectives has proved difficult for many private management and development organ~zat10ns to achieve. Both of these problems were evident in staff's brief rev~ew of the Pier 39 and Redondo P1er master lease examples. Problems were not with the concept of master leas~ng a facility that is both a business enterprise and a public park, but rather, problems arose because the long-term master lease is with a private rather than pub11c or quasi-public entity. In each case, the C~ty's ab1l1ty to modify lease terms and conditions, or to suggest changes ~n arrangement practices in light of circumstances unforeseen at the time the master lease was drafted, is more limited. Time consuming and expans1ve legal procedures may also be required. Furthermore, should business tenants, Pier V1s1tors or other members of the public have concerns about Pier management issues, the lack of a pub11C forum ~n wh1ch to address these ~ssues means that the C1ty Counc~l or City staff becomes the arbiter of management controversies. This is precisely the kind of problem the P1er Restoration Corporat~on structure should be designed to avo~d. A management structure 34 whic~ requires open public meet1ngs and periodic performance reviews is more l~kely to resolve such issues and substant~ally reduce the need for Counc~l and C1ty staff 1nterventions. Special Purpose Councils, Commissions, Authorities, and Districts Councils, Commissions, Authorit1es and Distr~cts are special develop formed purpose governmental bod1es created specifically to and manage ~ndividual plann1ng areas prOJects. They are when circumstances arise that requiree a seperate public body in addition to, and independent of, existing agencies. In general, they have been formed to oversee geographic areas of a much larger scale than Santa Mon1ca Pier. They are created pursuant to state enabling law and frequently are empowered to control land use planning and development within a specific jurisdict1on. They may also assume a regulatory function through the power to issue development permits. Their membership composition often seeks to include broad public and private representation. Examples of th~s management and development model include: Commission wn1ch Bay Conservation was established by and the Development Ca11fornia -The San Francisco legislature 1n 1965 to admin1ster development permits along San Francisco Bay. The 27 member Commission's focus is development review and its role resembles that of the Coastal Commission. 35 -Massachusetts Port Authority (Massport), like the Port Author1ty of New York City, is an independent spec~al purpose governmental entity established by State Law. Massport has management author~ty over cargo transfer throughout Boston Harbor and also manages Logan Airport, operates several bridges and is a maJor landowner. The State enabling legislation grants Massport broad governmental powers including bonding authority, land use controls, and the power to establish user charges such as landing fees, docking fees and tolls. While the above management structures do provide for considerable pub11c visibility of dec1sion-making, they tend to focus more on development review than day-to-day business management. Furthermore, such a focus on development review would oe redundant for Santa Mon~ca P1er given the City's and the Coastal Commission's legal Obligations. Quasi-Public Management and Development Or~an1zations The third category of models to consider for the pier is one that combines the best features of the prior two models. Here a quasL-public ent~ty (typically a pUblic or public benefit non-profit corporation) is formed to operate independently from local or State government, but under local or State government's general guidance. Its corporation status enables it to adopt a third party role in negotiations between developers and local government, one of the 1mportant roles played by private 36 management and development organizations. At the same time, ~ts quasi-public character ensures that key decisions and policy related documents are available for public reV1ew and comment. Further~ore, its governing board is usually appo~nted by local or State government and regularly renews an operating contract and budget with that government. Examples of th1s management and development organ1zation model include: - Centre City Development Corporation created by the C~ty of San Diego in 1975 to plan, implement, and provide day-to-day management and admin~5tration of projects w~thin the central Clty redevelopment area. This public, non-profit, tax exempt corporation has a seven member board of directors appointed by the Mayor and C1ty Council and operates under a service contract with the City's Redevelopment Agency. - California Exposit~on and State Fair (CALEXPO) was created by the California leg1slature in 1980 for many of the same reasons the City Staff is herein recommending a new organizatlonal structure for the Pier. Th~s public corporation lS governed by an 11 member board of d1rectors appointed by the Governor w1th Senate confir~ation. The board serves as CALEXPO'S policy making body and has full responsibility for the management and operations of ~ts facilities. 37 Pike Place Market Preservation and Development Authority (PDA) was authorized under ~ashington State law and is one of several similar organizations chartered by the C~ty of Seattle. The PDA is governed by a 12 member appointed and elected Board of Directors. It ~s respon1ble for bus1ness and property management of the Market, and for preserving, rehab~litating and developing buildings within the Market Historical District. The clear advantages of a quasi-publ~c organization as a Pier management structure over e~ther private organizat1ons or Councils, Commissions, Author1ties and Distr~cts include the following: -administrative autonomy combined with public accountability, -a legal status that permits undertaking certain act~ons not availabl~ to a mun~cipal coruoration, , -publ~c-pr~vate partne~sh~p tliat ensures equal attent~on to sound business pract~ce and public interest obJect1ves, and -ability to leverage and package both private capital and public resources. With these advantages and examples in mind, the next sect~On presents the purpose, characteristics and duties of the proposed 38 Pier Restoration Corporation. Only the skeletal outline of the corporation 1S posited. The details of the corporation's powers, responsibilities and scope of functions will be developed over the ensuing months through add1tional research, public comment and deliberation. Purpose of the Corporation The purpose of the Pier Restoration Corporation is to oversee the transition of the Pier from a storm-damaged, inadequately managed public enterprise to one which is rebuilt, restored and mainta~ned in a fashion that promotes economic health and stability cons~stent with the Council-adopted Pier GU1delines. - It 1S not the primary purpose of the P1er Corporat10n to make a profit for the C1tY7 rather, it ~s anticipated that eventually the corporation will be able to run the P~er with a min1mum or no subsidy. "Breaking even" ~s the financial goal. To accomplish these tasks, the Pier Restorat1on Corporation would have complete responsiblity for the maintenance and operation of the Pier. All employees would work for the corpora ton and be managed by ~t. For those employees who are presently work~ng on the Pier, benefits and sen10rity these employees now enjoy would be preserved. What remains for further legal analys1s ~s whether or not these employees rema1n ~n the employ of the C~ty or whether they work for the corporat~on under contract. Th~s question will also be rev~ewed for new employees. 39 It would be the purpose and the duty of the Corporation to enhance bUslness conditlons for lessees and to recommend for the City Council's final decision, lease terms and conditlons for new commercial development. In addition to mainta~n1ng and operat~ng the P1er and the direct management of P1er personnel and Pier leases, the Corporation would have one other maJor function and purpose: to raise cap1tal for reconstruction and to help coordinate the process of rebuilding the Pier. The Corporatlon would work with Federal, State and City funds, but would also be responslbile for packaging investment capital from the private sector. Wh~le these rebuilding and investment activities would be the responsib11ity of the Corporation all such activitles must conform to policy set by the City Council. The Council would retain the right to approve the significant activit1es of the corporation. Duties of the Cor~oration The proposed duties of the Corporation may be summarized as follows: -To implement the Pier Restoration and Development Guidelines as adopted by the Council . -To ma1ntain and enhance accessibi11ty of the pier for all user groups 40 . '. -To assist the City ~n secur1ng necessary State, Federal and private funding for reconstruct~on, ma~ntenance of P1er operations new construct10n and -In cooperat~on w1th City staff. to assist ~n managing the process of P1er reconstruction, and all new construct10n and restorat10n -To develop for City Council consideration private/public financing packages for new Pier construction and bus1ness development -To assist private ~nvestors in securing all necessry approvals, licenses and permits -To manage and admin1ster all lease terms and condi~ions -To negotiate new leases and 1dentify potential new lessees -To enhance and susta~n the viability of existing Pier businesses -To assume responsibility for the management of all Pier personnel, including admlnistration, maintenance, non-police security forces and harbor patrol -To provide for cont~nuity of rights and benefits of pier employees -To recruit and h1re all new employees 41 -To be responsible for all management and operations on the P1er, ensuring a clean, accessible and hospLtable env~ronment for businesses and patrons -To coord~nate, in cooperation with the Santa Monica Police Department, Pier security -To estab11sh and mainta1n necessary 1ndependent f1nance, personnel and purchas1ng systems -To produce a b1-annual program and f~nancial report for C1ty Council review and approval. Cor~orate Character1stics Although the precise legal vehicle for creating the corporation has yet to be determined, the parameters of the corporat~on would be as ~ollows: The corporation would be a non-profit public benefit corporation under the laws of the State of California. It would have a nine-member Board of Directors which would be appointed by the C~ty Council. These nine positions would represent various elements of the commun1ty, but ~n part1cular would 1nclude representatives of the business commun1ty and the P1er lessees. The D~rectors would serve staggered four-year terms to ensure cont1nuity over the years. The business of the Corporation would be pub11C in that all sign~ficant issues and dec~s~ons would be discussed at publ1c 42 i, meetings. The program and budget of the corporat10n would be public and would be approved by the City Councll. The Corporat10n would use a competit1ve bidding process for all construction contracts currently covered 1n the City Charter. The Corporat~on would hire its own Executive Director sUbJect to the approval of the City Manager. On-Going Role of the C1ty The city would continue to own the structures. The role of the City may P1er and its existing be divided into two categories: a) guidelines or directives provided to the Corporation upon its inceptlon and bJ approval rights over the ongo~ng decisions of the Corporatlon. The Council will be responsibile for establlshing Pier lease parameters. The Corporat10n would be required to conform to th1s policy directlon along with the adopted P1er GU1delines. In addition, the Counc11 would reta1n the exclus1ve right to incur indebtedness on behalf of the P1er. ~ The ong01ng role of the Council would be to approve lease or business proposals brought forward by the Corporation. All lease terms and conditions will be approved by the Council, as will the corporat10n's annual budget. Any physical building plan must obtain the normal approvals and perm1ts from Boards, Commlssions, and city departments. 43 The Council will approve and nay mod1fy the by-laws and Articles of Incorporation. 44 B. Scope of Reconstruction/Restorat~ons The winter storms destroyed 400 l~neal feet of the western end of the Munic1pal Pier and 37,000 square feet of parking area on 8ewcomb Pier. The City Counc~l has expressed 1ts commitment to reconstr~ct the Pier. Pr10r to the storms, the C~ty Counc11 had also endorsed a plan for restorat~on of the Pier wh~ch was formulated by the Pier Task Force after extens~ve citizen part~cipat~on. Th~s plan, known as the Santa Mon1ca Pier Guidelines, had been initiated prior to the recent destruction. The renovation of the h1stor1c Carousel and the Charrette competition for the des~gn of the Entry Park to the Pier are evidence of the City's determination to redevelop and revitalize the P~er. The planning effort Wh1Ch is now required as a result of the storm damage can best be served by a total view which 1ncorporates the need for reconstruction with the P~er Task Force Guidel1nes for Pier development and restorat10n. The descr1ption of Development Costs Wh1Ch follows includes the elements of the Gu~delines which are expected to be completed in 1983-84 as well as the proposed future development such as new commercial and publ~c use construction and a parking structure. Additional costs are the reconstruction of the destroyed area including "betterments", and a loan fund for capital improvments to existing build1ngs. These uses are not exhaustive of the potential development opportun1tes not does th1s listing include all possible costs. The purpose of this information is to 45 present parameters whereby the extent of the reconstruct~on and fund1ng be estimated. restorat~on of the Pier may be gauged and the amount of requ1red eng~neer1ng and design These numbers will change as work identify more precisely the may requirements for reconstruct10n, and as the commun1ty exerc~ses choices. TABLE V: ESTIMATED DEVELOPMENT COSTS 1) Reconstruction (to begin FY84-85) USE AMOUNT a) Replacement of or1ginal footpr~nt ~ncluding square footage of prev10usly existing building and lower deck (see Appendix C for breakdown) b) Relnforcement of existing P1er c) Betterment: Difference between cost of construction "as ~t was prior to storm" and strengthening the pier structure Total 2. A} Restoratlon Projects to be completed 1n FY1983-84 Entry Park S1nbad's Rehabilitation Design Study for Entry Park Ferris Wheel Pad Des~gn and Engineer1ng and Construction Manager for Reconstruction of Platform Environmental & Parking Studies B) New Commercial Construction (based on Pier Gu~delines) Restaurants, Reta1l, Vendors, etc. 27,600 sq.ft. @ $80 = 46 $5,200,000 500,000 1,500,000 $7,200,000 $ 415,000 400,000 60,000 25,000 366,000 50,000 $1,316,000 $2,208,000 c) New Non-Commercial Construction (based on P1er Gu~delines) 1) Museum, public use space, off~ce 6,000 sq. ft. @ $80 = Promenade, OverloOk 480,000 175,000 033,000 2) Des1gn and Engineer1ng Total ~78,600 733,600 D) Loan Fund for Upgrading Exist1ng Lease 500,000 Facilities - FY84-85 E} Upgrading of Existing Ut11it~es 500,000 TOTAL RESTORATION PROJECTS: $ 5,257,600 TOTAL DEVELOPMENT COSTS: $12,457,600 3) Parking Structure a) 1000 - 1650 spaces @ $8,000 b) Design and Engineering $8,000,000 - $13,200,000 480,000 - 792,000 TOTAL PARKI~G: $8,480,000 - $13,992,000 (Please refer to Appendix B for Explanatory Notes) 47 Sour~es of Fund~n9 G~ven the Development Costs l~sted 1n the prev10us sect~on, the C1ty must seek fund~ng from a comb~nat~on of State, Federal, and pr~vate sources. The table below ~ndicates the sources for wh1cn the City has a cornm~tment as well as potent~al fund~ng . sources. Table VI: Sources of P~er Reconstruct~on ~unds 1. Cornm1tted and/or Expected Sources Coastal Conservancy ($500,000 is carryover from FY 82-83) $2,000,000 FEl1A (75% reimbursement of reconstruct~on est~mate) 4,391,000 Recreat~on Un~t Tax (carryover from FY 82-83) 400,000 Private Fundra~s1ng 50,000 $6,841,000 2. Private Development Co~~ercial Construction 2,208,000 Cap1tal~zat~on of Lease Revenue (see Appendix D for calculat~on) 2,408,600 $4,616,600 3. Other $1,000,000 Sources may include DepartQent of Boats and Harbors, ~lldllfe Conservatlon Board, Env1ro~~ental L1cense Plate F~nc, Nat10nal D1saster Rel1ef Fund, Urban Development Act~on Grants, Econom1c Development Adrn~n~strat10n TOTAL ~LVELCP~E~T FUKDS: S 12,457,000 .:8 In add1t1on to the funds necessary for P1er Development, it 1S ant1c1pated that the the funding for a Park1ng Structure would be secured through a Parking Revenue Bond. Depend1ng upon the S1ze the of the structure, an est1mated $8,480,000 to $13,992,000 would be raised by a Parking Revenue Bond. At th1S p01nt, 1t m1ght be helpful to conceptual1ze the develop~ent proJects in terms of a very tentat1ve timeframe for the1r 1n1t1at10n and completion as shown 1n the time l~nes below. .1983 July 1984 July 1985 July 1986 July S1nbad's RFP's & Des1gn/Bid Construction Entry Park Design/B1d Construction Ferr1S Wheel RFP & construction Reconstruction of Platform Des1gn & Eng1neer1ng/Bid Construction ) :-;ew Cornmerc1al Construct1on RFP's Design Construct1on ) New Non-Commerc1al Constructl.on :)es1gnjB1d Construct1on ) Parkl.ng Structure Park1ng Study Des1gnjBl.o , Constructl.on , 49 Breakwater Issues At the present time the 1ssue of the breakwater remains uncertain and complex. The City will study the question of repa~ring and/or restoring the breakwater during the design and engineering phase for the pier Reconstruction. The c1ty w1l1 also examine whether or not the P~er can be rebuilt to stand without the protect~on of a breakwater. The City has received suggestions for breakwater design from a var1ety of sources and these will be reviewed during the period of extensive study. The City may be eligible for Federal Disaster Assistance for damage to the breakwater caused by recent storms. The City is currently conducting a survey to determine the loss in cubic yards of rock as compared to the survey completed in 1972. At completion of the survey, the DSR team will make an inspection and determ~ne whether or not the breakwater is el1gible. 50 c. Proposed Process for Reconstruct1ng the Pier Platform In accordance with the Council's previous directives that staff investigate appropriate methods of re-building the Pier to essentially its pre-storm shape and dimensions, th1s section presents a process for accomplishing that obJective. The process was developed after careful study of several possible approaches and has been discussed w1th representatlves of the private professional design cornmun1ty famlliar with similar large scale proJects. The following paragraphs identify the key groups to be involved In the process, how design and constructlon professionals w1ll be selected, and an initital timetable for beginning this complex task. Reconstructlon Process OverVlew The proposed process for reconstructing the Pier ~nvolves five key groups: City Council which wlll exerC1se its normal role of setting policy direction for staff and consultants, approving contract awards, and approving expenditures of funds. Various City Boards, Commissions and Task Forces will ma1ntain their advisory roles. Pier Reconstruct1on Staff Management Team - a team of senior level City staff responsible for regular rev~ews and administrative dec1sion mak~ng throughout the design and construction phases on behalf of the City, and for 51 making period1c reports to the Council, Boards, Commiss~ons and Task Forces. The team will be cha1red by the City Manager or designee and will include the General Serv1ces u1rector, the Commun1ty and Economic Development Director and the Pier Restoration Corporation's Executive Director. Thls team w1l1 be staffed by Community Economic Development Pier Division. Construct10n Manager an individual with significant experience managing design and construction proJects of a scale and degree of complexity s1milar to the P1er. The Construct1on Manager will be involved on a full time basis throughout the bidding and construct~on phases to ensure that the proJect remains on schedule and within budget. The Constructlon Manager will report directly to the Pier Reconstruction Staff Management Team. Architectural/Engineer1ng Firm - an internationally known professional design firm thoroughly experienced 1n the design of marine structures. This company will be responsible for all research, des1gn and environmental analysis of alternative methods for reconstructing the basic Pier platform and par~ing required to support new development planned for the former Newcomb section of the P1er. S2 Construction Company a h~ghly experienced company selected through open compet~tive b~dding that can rebuild the Pier in accordance with the approved construction contract bid document. The construction contract will be managed by the Construction Manager ~n cooperation with the Arch~tectural/Engineer1ng F1rm. The hierarchical relationship among the above five groups is illustrated in the following diagram. 1 Ci ty council! I P1er Reconstruct1on! Staff Management I Team I I I 1 construction]____J Arch1tectural/ 1 Manager I Eng~neer1ng F~rml 1 i I' Construct~on Contractor 53 The specific roles and process for select~ng the Construct10n Manager, Architectural/Engineering Firm and Construct~on Contractor are described below ~n more detail. Construction Manaser Wh11e 1ndividual members of existing City staff are capable of manag~ng a complex construction project like that ant1c1pated for reconstruct~ng the Pier, doing so would seriously detract from their other dut~es since full time professional management throughout t~e bidding and construction phases is necessary to ensure that the project schedule and budget are be1ng followed. Beg1nn1ng in the late 1960's a new professional discipline, generally known as "construction management", emerged to play exactly this role for public and private clients of complex, large scale construction proJects. Staff recommends that such an individual be hired to represent the C1ty'S interests in the Pier reconstruction project. Among the responsibilities of the Construction Manager will be the following: o Bidding Phase Advise Staff about any appropriate "fast tracking" or other applicable construction methods to achieve cost and time savings, Supervise preparation of all documents required for construction cost bidding and superv1se the bidding process, Assist staff 54 management team to evaluate bids and recommend award of construction contract. o Construction Phase Monitor daily construct1on progress, quality control, tLmetable and budget, - Monitor contractor compliance with all local, State and Federal requirements,- Coordinate architectural/engineering and contractor commun~cations, - Review and evaluate all change order requests, Manage construct~on contract payments, - Make regular progress reports to the Pier Reconstruct1on Staff Management Team. The Construction Manager will be selected by a panel consisting of the P1er Reconstruct~on Staff Management Team and at least two outside professionals fam~liar with the qualifications needed. The selection will be made wh1le Architectural/Engineering firm is prepar~ng working drawings. A limited group of highly skilled individuals or f1rms will be required to present their qualif1cations to the panel. Following select10n, a seperate contract between the City and the successful Construction Manager will be negotiated and forwarded to the City Council for approval. Funds for this work are eligible for reimbursement from Federal Disaster Ass~stance. S5 Architectural/En9ineer1n9 (A/E)Firm A limited number of highly qualified A/E firms will be invited to prepare formal proposals for reconstruct1ng the Pier. This list will be derived from recommendations by professional architectural, engineering and construction soc1et~es, County, State, and Federal ~gency recommendations, suggest10ns from distinguished academ~c faculty and other sources. A panel consist1ng of the Pier Reconstruct1on Staff Management Team, the Construction Manager and three to four recognized experts in the field w11l evaluate each written proposal and oral presentation. Rating factors will ~nclude overall design talent, marine engineering capabilities, performance and degree of experience w1th similar projects, professional background of key personnel, capacity for timely complet10n of the proJect, record of meeting pr~or client's t1me schedules and budgets, and posit~ve references from previous clients. The Pier Reconstruct~on Staff Management Team and Construct~on Manager will negotiate a contract with the top rated firm and recommend that the city Council award the contract. The contract will include at least the following seven pre-construction tasks: I. Review Existin9 Data 56 A. Review previous P1er struct~ral and planning stud1es, particularly 1973 structural survey and Task Force Guidelines B. Review files of 1nspection and repair reports by General Services and Recreation and Parks Departments. C. Interview key City personnel with Pier planning and maintenance responsibilities. D. Interview P1er Task Force members and other ~1ty officials to elicit V1ews on P~er reconstruct10n. E. Interview others knowledgeable about Pier structure, ocean act1vity, breakwater (e.g. Corps of Engineers). II. Perform On-Site Evaluatlon and Test~n9 of Structures A. Review all data relevant to storm damage structural failures. B. After reviewing City's data, perform tests and inspections as necessary to determine structural integrity of rema1n1ng Pier. C. Perform tests and inspect10ns as necessary to determine structural integr1ty of remaining breakwater. III. ~nalyze Pier Reconstruction Design Issues 57 " A. Analyze wood, concrete, steel or a comb~nat10n structural system. B. Study Implications for future recreation and commerical uses: 1. ecological and phys1cal 1mprovements for fish~ng, 2. structural loading, 3. Pier shape and/or form, 4. how and where to accommodate parking demand. c. Analyze wave forces, future t1de and weather projections and their effects on design. D. Consider and analyze deflect~on and compatibility of new and existing Pier sections. E. ~nalyze breakwater issues: 1. Whether needed to protect structure, 2. Sand build-Up, dredging, and other problems. F. Analyze private insurance requirements and costs. G. Provide written summary of maJor f~ndings and conclusions. IV. Develop Alternat1ve Designs (at least two) A. Develop schematic draw1ngs, B. Describe construct~on methods and approach, C. Summarize environmental 1mpacts, 58 D. Develop preliminary cost est1mate, E. Present alternatives to C1ty staff, Council, P1er Task Force and others. V. Refine Des1gn Alternat1ve Selected by City A. Develop design development drawings, B. Obta~n conceptual approval from appropriate City Boards and Commissions, C. Obtain Preliminary approvals from Coastal comm1ssion, other State and Federal Agenc~es as required, D. Conduct Environmental Impact Assessment, E. Refine construct~on method and approach, F. Develop construction schedule, G. Refine cost estimate. VI. Prepare or cause to be prepared an Environmental Impact Report/statement VII. Prepare Construction Bid and Contract Documents A. Complete construction drawings and specifications, B. Complete final structural calculations, C. Complete final cost estimate, D. Obtain final approvals by City Boards and Commissions, other governmental bodies, E. Obta~n all reqU1red permits. 59 In order to better ensure that the AlE Firm's construction cost estimate is accurate, the C1ty will retain the right to hire an outside profess1onal est~mator or general contractor to provide a "second op~nion". The A/E Firm's contract may also contain a clause requiring it to amend or re-design the prOJect at no cost to the City Lf the lowest respons1ble bid exceeds the AlE Firm's cost estimate by more than an agreed upon percent. Construction Company In accordance with provis~ons of the Mun1cipal Code, the c1ty will publicly advertise for b1ds from qualified private construction firms. Bidders may propose alternative methods of construction that produce significant cost savings. After evaluat~ng all bids properly submitted, staff will recommend that the Council award the contract to the lowest responsible bidder. The contract will be in accordance with standard public works contracts. Reconstruction Process Timetable Due to the complexit1tes of the design problems 1nvolved in the Pier reconstruct~on project and uncertainties about what the preliminary invest1gat~on and design studies w~ll reveal, target dates for only the initial steps in the process can be identif1ed at this time. 60 Yask -Select and H1re Architectural/ Engineering Firm -Begin Preliminary Design -C~ty Selection of Preferred Alternative Des1gn Tarset Date September 1, 1983 October 1, 1983 January 1, 1984 Working drawings and environmental ~mpact analysis could take up to six additional months and actual construct10n twelve to e1ghteen additional months. An optlm1st~c schedule would have constructlon complete by January 1, 1986. 61 V. RECOMMENDED ACTIONS In response to the issues presented in this report, City Staff respectfully recommends that the Council take the following actions: 1. Allocate $75,000 from unappropr~ated General Reserves and appropr1ate $60,000 of this amount to Account 11-400-521-501 and authorize staff to bid and enter 1nto contract, not to exceed $60,000, to have debris hauled away from Deauville lot. In addition, appropriate S15,000 to account 13-700-278-000-638 to cover the overrun on Meek Construction Company contract. 2. Approve the leasing strategy as outl~ned 1n this report, and specif~cally: a) approve the terminat~on of leases with tenants whose businesses were ~estroyed. b) approve the sublease of 350 square feet of Beryl's studio to Oatman Rock shop subJect to the following conditions: 1. the sublease be on a month to month basis, 2. Beryl's not charge Rock Shop more than 36% of 3eryl's payment to the City, 3. increase rent of Beryl's to $275 on an ~nterim basis. c) Direct staff to return to Council with proposed lease agreements between September 1 and December 30, 1983. 62 Restorat~on Corporation for the purpose of managing 3a) Approve the concept of creat1ng a Santa Monica reconstruct~on and restoration of the Pier and for ongoing Pie operations. 3b) Direct staff to prepare the appropr~ate documents to create the Santa Mon~ca Pier Restoration Corporation including By-Laws, Articles of Incorporation, and other agreements wh1ch may be necessary. 4) Approve the Pier Platform Reconstruction strategy as outlined in the staff report and spec1fically authorize City Manager to seek proposals for an Architecture/Engineering firm, Construct~on Manager and recommend award of contract. Prepared by: John H. Alschuler, City Manager John Jalili, Assistant City Manager Lynne Barrette, Deputy City Manager Don Arnett, Director of Recreation and Parks Bob Myers, City Attorney Mark Tigan, D1rector of Community & Economic Development (C/ED) Stan Scholl, D1rector of General Services Ernesto Flores, Econom~c Develoment Manager (C/ED) Peggy Gardels, Assistant to City Manager Louise Kieffer, P~er Promot~on Manager (C/EO) Judith Meister, P1er Development Manager (C/ED) Susan Mullin, Pier Bus~ness Manager (C/ED) Paul Silvern, Program & Policy Development Manager (C/ED) Gregory Slaughter, Civil Defense Coordinator (Police) Cover design by Sylv~a Gent~le 63 n . ~ n n ;:. III ~ "1 "1 rI" I~ ""- ""- ""- ""- ""- ""- ""- In '0 '0 t=l t=l t'l i:l ":I \.Q ,0 0 i~ 1"1 '< ;f-, r-' f-" ,..... I-' I Co.> w 0 0 <::) <::) 0 ~ . ..n \Jl "'" ~ .l>. "'" "'" I~ c:., .." 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The figure for FEMA re~mbursement used here is based on .- - the DSR team estimate for replacement to condition pr10r to storms. Th1S section also includes a cost for "betterment" whiCh allows the C1ty to have flexibility in designing a stronger P1er. The $1,500,000 for betterment is based on cost of $5,000 per p11e . which could be a stronger timber p1le or a concrete pile. The $500,000 for reinforcement of existing Pier structure represents ... - the cost for reinforcing and/or replacing piling and existing superstructure wh~ch were damaged by the storm. Staff estimates that FEMA might Judge only 25% of the necessary repairs to be . related to latest storms. It should be noted that the FEMA reimbursement w~ll be based on the final bid the City accepts minus the ineligible costs and betterments. (2a) Funds for the restoration work to be completed in FY 1983-84 have already been committed, except for the funds for the reconstruct~on design and engineering study which will be - .. . - - requested in advance from FEMA and the $50,000 for Environmental and Parking studies which 1S included in Parking Authorlty FY83-84 budget. The Recreat10n Un1t Tax 1S a carryover from the - - FY82-83 pier capital Budget. The $500,000 from the Coastal Conservancy has been adJusted to reflect the results of the Charrette compet1tlon. ~e $320,000 earmarked for the Entry Park ... .. has been shown by the design f1rms to be insufficient to cover cost of Entry Park. Thus, the amount has been increased to $415,000 by shift1ng Coastal conservancy funds formerly allocated for the south Promenade and Overlook. These projects wlll be included in New Non-Commercial constructlon which will take place 1n several years. Staff proposes that Request-for-Proposal be issued to private development community for renovat~ng and leasing Sinbad's. City funds will be used to repair the Pier structure underneath the building. Staff will return to Council with the draft RFP within Slxty days. (2b) The new commercial construction 1S assumed to be built by private developers and not the City. The maln advantage lS that the tenant 1S able to depreclate construct10n costs whereas the City would not ga1n any tax advantages through construction. (2c) The non-commercial new construction may also be seen as "betterment" over the pre-storm deS1gn since these projects may be built at the western end of the P1er. The two proJects wh~ch were scheduled for the first $500,000 of Coastal Conservancy funding are included here. The funds for construction of these . . revenues may be provided by the which will be used capitilization of future lease to fund those port10ns of the prOJects . reconstruct~on not covered by Federal funds. The design and engineering study for these "betterments" has been inflated to account for the requirements over and above what FEMA w~ll pay. . (2d) The Loan Fund for ex~sting leased facilities may be a lump sum pool that could fund capital improvements if the lessee were unable to secure financing elsewhere. The repayment would be in the form of e1ther a low-interest loan or an ~ncrease in rent. . . (2e) The $500,00 is an est~mate of necessary upgrading to existing utilities on the Pier. . (3) Based on study, the City can expect to receive $1,217 gross income per parking space per year ($1,217 x 1650 = $2,008,000). Expenses are estimated at $150 per stall per year ($150 x 1650 = $247,000.) Thus, net parking income per year is $1,761,050. This income could cover the debt service on a 30 year bond as 12% to cover the cost of constructon, and 1t would yield add~tonal revenue to be used toward the operat10n of clle Pier. The number of spaces, 1650, represents the number estimated to be required by Coastal Commission to replace parking that was on the Pier and to provide for parking for new commercial development and for any parking that might be removed from the 1550 beach lot. The costs in the body of the report . . . . . . reflect a range of spaces fr~~ 1000 to 1650 to give greater latitude ~n the reconstruct Lon and restoration. . . . . . . . . . . . . . . . . ~ .. APPENDIX C BREAKDOWN OF COST FOR RECONSTRUCTION COST FOR REPLACEMENT (Based on FEMA Est~mates & C~ty Eng~neer~ng Estimates) Superstructure: :-1un~c~pal P~er Lower deck: 24,486 SF @ $25 8,400 SF @ $19 Upper deck: 24,826 SF @ $44 ;:\/ewcorrb P 1er 45,127 SF @ $31 Bu~ld~ngs: Harbor Off1ce (947 SF @ $80) Santa Mon~ca Sportf~sh~ng (1,023 Peterson Boat Ho~st (116 @ $80) Ed~son Vault (297 SF @ $80) Restrooms (710 SF @ $100) Port Cafe (849 SF @ $80) Oat~an Rock Shop (280 SF @ $80) Boat Storage Area (532 SF @ $80) C~ty sump Pump Room (224 @ $80) C~ty we1d1ng Roo~ (350 @ $80) :-1ar1ne B1010gy Room (280 @ $80) Harbor Storage/We~ght Rill/ Sorkshop (1386 SF @ $80) T~de Stat~on (84 SF @ $80) L~feguard Workshop (348 SF @ $80) Lockers (7290 SF @ 580) $ 75,760 @ $80) 81,840 9,280 23,760 71,000 67,920 22,400 42,560 17,920 28,000 22,400 110,880 6,720 27,840 538,200 Ra~11ngs Sta~rs/Gangways Floats L~ghtl.ng Water Ma1n (8") (400 LF @ $96) ,vater MaEl (6") (300 LF @ $72) Sewer Maln (6") (400 LF @ $45) M1SC. Ut111t1es (gas, power, telephone) Refuse Bl.ns (12 @ 5300) Ch11dproof fenc~ng (14000 LF @ $2) Electr~cal SW1tchgear Wooden Benches (50 @ $551 Hlstorlcal Photo Dlsplay Boat H01StS Pumps/Motors/Eng~nes ~"'ork Barge S 662,150 159,600 1,092,344 1,398,937 1,191,480 112,740 24,800 51,600 70,000 38,400 21,600 18,000 82,000 3,600 2,800 30,000 2,700 20,000 70,000 35,000 7,000 . . Moor~ngs, Buoys, Dav~ts D1v1ng Equ~pment Water Heater & 2 showers Fireboxes F~re L~ne M~sc. (EquLpment, Furnishings) . Total Cost for Replacement: . . . . . . . . s 12,000 3,500 2,000 700 825 32,000 5,105,776 . APPENDIX D . CALCULATION OF CAPITALIZATION OF LEASE REVENUE Total Base Lease Square Foota<;;e Rent Pevenue (annual (annual) per SF) 3,600 Cornmerc~al $15 $ 54,000 (3,600 Publ1c) 10,000 S15 150,000 2,000 $15 30,000 2,400 $15 36,000 2,400 $15 36,000 2,400 $15 36,000 4,000 $15 60,000 2,400 $15 36,000 2,000 $15 30,000 31,200 $468,000 . New Construct1on Phase ~ Phase II S~nbads . Restaurant M1SC. Vendors Farmer's :-larket Fanuly Cafeter1a Cafes-F1sh Bar Restaurant . M~sc. Reta~l Famlly Arcade The chart above ~llustrates a means by Wh1Ch Clty m1ght borrow aga1nst . the lease revenue of new comMerc~al development on the P1er. The con- struct10n 1S d1v~ded 1nto two phases: Phase I could beg1n once the ex~st~ng port~ons of ~ewcomb P1er have been re1nforced to carry a l~ve . load of 100 pounds per square foot. Phase II would occur over a per10d of 2-5 years. The aIDount of lease revenue generated from the bus1nesses llsted under . Phase I equals $306,000 annually. G~ven th1S cash flow the C~ty TI1ght borrow $2.55 m~ll~on (30 year bond at 12% 1nterest). The total annual cash flow of $468,000 could be cap1ta11zed at 12% ever 30 years to Y1eld $3.9 m1l110n. Th~s scenar~o 15 based on the follow1ng asslli~pt~ons: 1) That $15 represents base rent SlnGe lenders would not lend on a fluctuat1ng amount such as percentage of gross sales. The f~gure of S15 1S based on Clty requ~r1ng $1.25 per square feat per month as base rent. - . . 2) The $15 ~s net of expenses. 3) Any adJustments w11l be made on percentage of gross sales requlred and not ln the base rent, (~e. lower percentage from 10% to 5-7% of gross sales as means of enabling developer to amort~ze lmprovernents.) . . . . # . . . . . ". ( ~ . . . . . . . . ..