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HomeMy WebLinkAboutAUGUST 5,1980 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE' CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL PRESENTATION (Fire Dept.) RETIREMENT ITEM REMOVED FROM AGENDA HEARING PARKING Approved 1 25:0085 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING AUGUST 5, 1980 The City Council of the City of Arcadia, California met in a regular session on August 5, 1980 at 7:30 p.m. in the Arcadia City Hall Council Chamber. Sister Dianne Marie, St. Louis Bertran, Oakland, Ca. City Attorney Charles Liberto PRESENT: ABSENT : Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None On MOTION by Councilman Gilb, seconded by Councilman Haltom and carried unanimously the minutes of the regular meeting of July 15 were APPROVED. Annual Safety Award - Councilman Gilb explained that annually a contest is held for the most improved department in the safety category - this year the winner is the Fire Department, runner-up Police Department and in third place was the Department of Public Works. He congratulated all departments. Bernard Silver, Chairman of the Personnel Board, then presented a plaque in appreciation to Ray Locke, Battalion Chief of the Fire Department, who accepted it on behalf of the Fire Department. At this time Mayor Pellegrino announced that the item relating to the Public Employees Retirement System will not be considered at this meeting. It was noted that in view of the cost associated with their original re- quest the retirees had submitted alternatives for Council consideration. A report will be prepared and presented to Council at a later date. Planning Commission Res. No. 1143 recommending a Text Amendment to the Arcadia Municipal Code which would require parking facilities be provided in compliance with the Code when existing uses are changed to a more in- tensive use. The Planning Director explained that the proposed change would provide for more clarity in the Code, it would establish necessary regulations for parking facilities and the public necessity, convenience, general welfare and good zoning practice justify the recommendation. It would require the upgrading of parking facilities (number of spaces, land- scaping, etc.) when a more intensive use is sought for the property or structure. No upgrading would be required when either a similar or a less intense use is sought - even if there were an existing deficiency. Mayor Pellegrino declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman Dring and carried unanimously. It was further MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the Negative Declaration be approved and filed and that Council finds that the project will not have a significant effect on the environment and that the City Attorney be instructed to prepare the appropriate ordinance to effect this text amendment. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None -1- 8-5-80 WEED ABATEMENT Charges Conf irmed ROLL CALL 25:0086 The County Agricultural Commissioner submitted the charges in connection with the cost of abating weeds on each separate lot or parcel of land re- quiring removal. No objections were lodged and it was MOVED by Councilman Dring, seconded by Councilman Saelid and carried on roll call vote as fol- lows that the list of charges be CONFIRMED and the County Auditor be in- structed to enter the amounts of the respective assessment against the re- spective parcels of land as they appear on the current assessment roll. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None COUNCIL THEN RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY 1 PRESENT: ABSENT Members Dring, Gilb, Haltom, Saelid, Pellegrino None It was noted that two communications had been received from Republic Development Company addressing its desire to discuss specific price and terms of purchase for the Agency-owned property at Huntington Drive and Second Avenue (NE corner) as a hotel site and also its efforts to acquire key parcels associated with its proposed garden office building develop- ment at the southwest corner of Huntington Drive and Fifth Avenue. Charles Vose, 1000 Sunset Boulevard, Los Angeles, representing Republic, stated in part that they have a commitment with a hotel developer and are in a position to proceed with a three story 150 room complex with 300 rooms as the final objective. The President of the Hometels Development Corporation is moving on projects as fast as the jurisdictional authori- ties permit and in order to retain his interest Republic i~ requesting a price for the Agency-owned property and for the property surrounding the site. In response to questions by Member Dring the Planning Director said in part that the General Plan indicates properties with Huntington Drive frontage as commercial, the zoning however is M-l and is not appropriate for a hotel/motel development., it would have to be commercial i. e., a C-2 zone designation, Member Haltom said in part that he did not recall any objection being expressed to a six story hotel and would not mind a six story on the site but he would be hesitant to give up any more land. Member Saelid submitted in part that Hometels (the hotel in question) are aggressively pursuing this development along with its chain throughout Southern California and that because it is a quality hotel which would be of benefit to the City he would not like to see it get lost just because of changes necessary to the General Plan or with EIRs ... 150 rooms would fit within the definition of the General Plan of the area ... he would like to see Council proceed with it. 1 Member Gilb said in part that Hometels is at the point where it would like to move on the project. He felt the hotel would assist in the development of the Huntington Drive property and because this has been in the offing so long he felt something should be determined. At this point it was MOVED by Member Saelid, seconded by Member Gilb and carried on roll call vote as follows that the selling price of this parcel be considered in an executive session following this meeting. AYES NOES ABSENT: Members Dring, Gilb, Saelid, Pellegrino Member Haltom None NOTE: THIS MOTION LATER WITHDRAWN -2- 8-5-80 1 1 ADJOURNMENT 5 p. m. August 19 25:0087 The acquisition of some of the other properties was then explored. It is spelled out in the Disposition and Development Agreement that eminent do- main proceedings may be used if it is established that Republic had per- formed in good faith and endeavored to acquire the properties through ev- ery reasonable means. Mr. Vose then explained the negotiation procedure from Republic's standpoint. He felt that the Agency should now obtain appraisals for some of the parcels. It was noted that pursuant to the Agreement the Agency selects the apprais- er approved by Republic. It was then MOVED by Member Saelid, seconded by Member Gilb and carried on roll call vote as follows that staff be directed to order a title report and litigation guarantees from a title company on Parcels 3, 4, and 5, and that an appraiser approved by Republic, be retain- ed for those parcels. (This at Republic's expense). Parcell, (the hotel site) is to have an appraisal at Agency expense. AWS N~S ABSENT: Members Dring, Gilb, Haltom, Saelid, Pellegrino None None Due to the decision to have appraisals the motion to enter an executive session to discuss selling price was withdrawn by Member Saelid with the consent of his second and all Agency Members. The meeting then adjourned to 5 p. m. August 19, 1980. AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, expressed his feeling that with the expansion of the hospital facilities the issuance of the revenue bonds, etc., the rates would increase to the patients; that although-it has been stated by the hospital administrators that it would not be necessary to increase charges in order to payoff the bonds, he felt the City should , seek some protection and suggested that if the hospital desires to in- crease its rates that it first submit same to the City Council to deter- mine whether the charges are justifiable and are from inflation and are not caused by the bond issue. Mrs. Johanna Hofer, 875 Monte V~rde Drive, expressed appreciation for the availability of the Council packet at the Library with the hope that this be mentioned in the next Newsletter. She also expressed appreciation to the Fire DeparCment and suggested that Council back the firefighters through- out the State who believe the sale of fireworks should be prohibited. She then referred to redevelopment and submitted that the citizens were never given the opportunity to vote on this issue. Reference was also made to rthe purchase by the city of rubber pad material for the railroad crossings. She questioned the necessity of spending the money when it is the railroad's responsibility to maintain the tracks. She commended the two new council- men in their opposition to this expenditure. Ernest Fox, 731 Fairview Avenue, referred to the reduction from 7% to 5% in the utility tax and thanked Councilmen Dring and Haltom for their ef- forts in this regard. Donald Kleckner, 2407 S. Second Avenue, asked if there is a guarantee a hotel will be constructed at the northeast corner of Huntington Drive and Second Avenue... The City Manager responded in part that it is mandated in the Disposition and Development Agreement. Mr. Kleckner is the owner of 218-222 E. Huntington Drive, across the street from the proposed hotel site and he said he has not heard from Republic although they have discuss- ed a possible trade with him. Some discussion ensued on whether or not a public hearing had ever been held on the hotel issue and it was submitted that a hearing as such was -3- 8-5-80 CHURCH CLASSROOMS EXTENS ION Tract No. 37958 TRACT NO. 37958 FINAL MAP STORM DRA IN CONTRACT RAILROAD CROSSING RUBBER PADS 25:0088 never held although a great deal of publicity had been given over the last two years on the possibility. During that time the City Council felt there was a need for a hotel with banquet facilities and where large groups could assemble. Councilmen Dring and Haltom said in part that they had not heard from residents that they favored a hotel although they had heard objections. CONSENT ITEMS GRANTED a Conditional Use Permit to utilize classrooms at the Arcadia Christian Reformed Church, 1741 S. Baldwin Avenue, for additional class- rooms for the Arcadia Christian School. GRANTED a six month extension for Tract No. 37958 - 825 W. Duarte Road. This will be a 7 unit residential condominium and was approved by Council on August 7, 1979 and expires same date in 1980. I APPROVED final map of Tract No. 37958 for a 7 unit residential condominium at 825 W. Duarte Road. Before the final map is recorded all outstanding conditions of approval must be complied with. AWARDED contract for the storm drain project at Foothill Boulevard, Rancho Road, Arbo1ada and Oak1awn Road - Job No. 485 to the low bidder, Gemi, Inc., in the amount of $138,674; all other bids were rejected, all informalities or irregularitites in the bids or bidding process be waived and the Mayor and City Clerk were authorized to execute the contract in form approved by the City Attorney. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN DRING, SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES NOES ABSENT: Councilmen Dring, Gi1b, Haltom, Sae1id, Pellegrino None None The Director of Public Works explained the results of bids received for the furnishing of rubber padding for the railroad grade crossings at First Avenue and Santa Anita Avenue and made recommendation for the award of con- tract. It was MOVED by Councilman Gi1b, seconded by Councilman Saelid that the contract be awarded to the low bidder, Goodyear Tire and Rubber Company in the amount of $88,881 and that the Purchasing Agent be author- ized to issue the purchase order; and appropriate $93,000 from State Gas Tax Funds to pay for the material, applicable taxes and minor roadwork outside the limits of the railroad responsibility. Councilman Dring expressed concern that the City is going to pay for the rubber pads; that in his opinion one of the reasons SantaFe is not repair- ing the tracks is that they are not in that bad a shape .. that the rail- road company does have the obligation .. and as far as priorities are con- cerned that legally and with good conscience the City could take the gas tax money and apply it to other projects .., the capital project money could be transferred to the General Fund and the General Fund could be applied for instance to employing additional police officers -- it would only be for a year - but he would rather see the funds used in that way. 1 Roll call vote was then taken as follows: AYES NOES ABSENT: Councilmen Gilb, Saelid, Pellegrino Councilmen Dring, Haltom None Councilman Saelid submitted in part that during the budget sessions lengthy discussions, were held on what could be done to deliver the quality of service that the citizens want - at that time Council heard from the Police, Fire and other departments relative ~ their recommendations .. that now it -4- 8-5-80 1 AWARD OF AGREEMENT (Sewer System) LIBRARY Glass Tower Replacement APPROVED STREET IMPROVEMENT Santa Clara APPROVED 1 25:0089 is suggested that Council'free up some funds so that those monies can be put into the operating budget to provide more policemen. As far as the rubber pads are concerned he felt there is a safety hazard at the inter- sect ions to be repaired and that the Council had.a responsibility to deal wi th it. CouncLman Gilb recalled that during the budget sessions Councilman Dring was on. of the first to say the police department needed more officers; then l,ter at a Council meeting he moved to rescind the bonuses and not to app~ove the budget and that now he would like to put more officers in the police department over the fire department, the paramedics and the senior citizen program .. all the other programs. The Director of Public Works advised that pursuant to Council authoriza- tion the department had negotiated an agreement with Boyle Engineering Corporation for a maximum fee of $31,500 to conduct a master plan and de- ficiency study of the City's sewer system. He continued in part that the system was initially installed during the 1940's and by land development it has been expanded to its present size of about 144 miles of line. It was MOVED by Councilman Dring, seconded by Councilman Gilb and carried on roll call vote as follows that the Mayor and City Clerk be authorized to execute the agreement with Boyle Engineering Corporation in the maxi- mum amount of $31,500 for the sewer system study. (From Sewer Assessment Fund) . AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, pellegrino None None The Librarian noted the need for the replacement of 20 panes in the glass dome tower of the Library and explained the results of quotations receiv- ed. It was MOVED by Councilman Dring, seconded by Councilman Gilb and carried on roll call vote as follows that the quotation submitted by the Live Oak Glass & Mirror Company be accepted in the amount of $4,500. Funds are in the Capital Improvement Budget for 1980-81. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, pellegrino None None plans and specifications for the improvement of Santa Clara Street from Second Avenue to Santa Anita Wash (Job No. 492) were reviewed. The right- of-way for this project was acquired by condemnation and included in the Judgment was a stipulation that the City spend not less than $9,759 for concurrent improvement) i. e.) curbs, gutters and sidewalks withon one year of the entry of the Judgment (October 2, 1979). The project would also include installation of a storm drain. The estimated cost of the entire improvement would be $93,000 of which $46,000 is required for storm drain facilities. Construction would begin in September of 1980 requiring three months to complete. It was MOVED by Councilman Gilb, seconded by Councilman Haltom that the plans and specifications be APPROVED and that the City Clerk be AUTHORIZED to advertise for bids. Some discussion ensued with Councilman Dring of the op1n10n that it seems premature to put in the improvements at this time especially when a hotel is being contemplated for the area and it is possible that more space may be needed to accommodate the hotel, and in response to his question if it is possible to construct the storm drain and not the other the Director of Public Works said in part that it is not possible - that concurrent improve- ments is defined in the City Code as the curb, gutters and sidewalks and driveway aprons associated with that. -5- 8-5-80 STREET LIGHTING (Fourth Avenue) STREET SWEEPER ORDINANCE NO. 1707 ADOPTED 25:0090 Roll call vote was then taken on the motion to approve. AYES NOES ABSENT : Councilmen Gi1b, Haltom, Sae1id, Pellegrino Councilman Dring None Petition representing 10 property owners of record of the 13 between Colo- rado Boulevard and the Freeway for street lights. The area is presently illuminated with one low intensity incandescent lamp and one mercury inter- section light. It is proposed to replace the existing lamps with 3,300 lumen sodium vapor lamps and to add two additional sodium vapor lamps on existing power poles. The insta11aion would be accomplished at no initial cost and could be annexed to Zone B or Zone E of the Consolidated Lighting District. Zone B is currently assessed at $0.1512 per $100 of land evalu- ation with the City contributing 50% of the cost of operating the zone. Zone E is assessed at $0.224 and receives no City contribution. 1 It was MOVED by Councilman Dring, seconded by Councilman Gi1b that the petition be approved and that the lighting be installed and annexed to Zone E. Councilman Sae1id stated in part that this would be changing City policy with relation to how the residents are charged for street lights ... per- haps it is appropriate in this instance but up until now the City has annexed such improvements to Zone B where the City pays 50% of the cost of operating - whereas this would put 100% of the costs on the property owner. He supported the motion but did want to make it clear that the City policy is being changed. Councilman Haltom was against taxing residents a little bit more for street lights because every little bit more almost breaks their backs He felt that if the tax structure is such that street lights cannot be afforded then the City is in a sad shape considering some of the luxuries that its money is spent on. Councilman Dring then WITHDREW his motion with the consent of his second and MOVED to approve the petition and that the area be annexed to Zone B. Motion seconded by Councilman Gi1b and carried on roll call vote as follows: AYES NOES ABSENT : Councilmen Dring, Gi1b, Sae1id, pellegrino Councilman Haltom None On recommendation of staff it was MOVED by Councilman Gi1b, seconded by Councilman Dring and carried on roll call vote as follows that the 1971 model mobile street sweeper in the Department of Public Works be remanu- factured with material to cost approximately $15,000 and that said amount be appropriated from the Capital Projects Account. AYES NOES ABSENT: Councilmen Dring, Gi1b, Haltom, Sae1id, Pellegrino None None 1 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1707 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING CERTAIN BUILDING REGULATIONS SET FORTH IN ARTICLE VIII OF TH1CARCADIA MUNICIPAL CODE, ADOPTING THE NATIONAL ELECTRICAL CODE 1978 EDITION, AND WITH CHANGES, ADDITIONS AND DELETIONS THERETO AND FIND- INGS THEREFOR." It was MOVED by Councilman Gi1b, seconded by Councilman Haltom and carried on roll call vote as follows that the further reading of the full text of Ordinance No. 1707 be waived and ADOPTED. -6- 8-5-80 RESOLUTION NO. 4908 ADOPTED 1 HOSPITAL REVENUE BONDS 1 25:0091 AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Attorney present, explained the content and read the title of Resolution No. 4908 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ESTABLISHING FEES FOR ELECTRICAL PERMITS". It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4908 be waived and ADOPTED. AYES NOES ABSTAIN: ABSENT : Councilmen Dring, Gilb, Saelid, Pellegrino None Councilman Haltom None The City Council reviewed the contents of Resolution No. 4913, the Bond Purchase Agreement, the Loan Agreement, the Indenture and the Preliminary Official Statement by Ziegler Securities, Inc. During these considera- tions all changes in the Loan Agreement were indicated and' Roger Davis, Orrick, Harrington, Rowley & Sutcliffe, responded to questions concerning increasing the coverage of the reserve fund from 12 months to some longer period.. the possible consequence'of that would be.the loss of tax exemp- tion on the bonds due to the possible view of the Internal Revenue Service that more bonds were issued than were necessary for the project. It was noted that the hospital has agreed to amend the Lease between the Hospital and the City to post liability coverage naming the City as addi- tional insured in the amount of $10 million. Richard Strong, Gibson, Dunne & Crutcher, confirmed this amendment saying in part that it appears better to put that provision in the Lease rather than in the Bond Agree- ment because it extends over the entire period of time and is the place where the City's concerns are more directly addressed since the Loan Agree-. ment addresses primarily repayment of the bonds rather than the City's lia- bility. Councilman Gilb then MOVED to AUTHORIZE the Mayor and City Clerk to execute the Fifth Amendment to the Lease as reviewed by the City Council at this meeting. Motion seconded by Councilman Saelid and carried on roll call vote as follows: AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None Walter Hoefflin, Administrator of the Hospital, stated for the record that the matter of increasing the limits in the Hospital's liability and mal- practice insurance was considered and unanimously approved by the Board of Directors of the Hospital. Bond Purchase Agreement. Changes were indicated and initialed by those re- quired. One item in connection with the Comfort Letter from Ernst & Whinney was clarified. It was noted that a Corporate check in the amount of $229,000 had been delivered this date as a good faith deposit in the transaction. The City's Finance Director would prefer a Cashier's Check, Certified Check or the Passbook. Dennis Rognerud of Ziegler Securities, Inc., said that the passbook would be provided August 6, 1980. . Indenture Agreement dated August 1, 1980. Mr. Rognerud stated that it is their recommendation that the Security Pacific National Bank be retained as Corporate Trustee - this is also the Hospital's existing bank. It was MOVED by Councilman Dring, seconded by Councilman Gilb and carried on roll call vote as follows that the Security Pacific National Bank be retained as Trustee. ", -7- 8-5-80 RESOLUTION NO 4913 ADOPTED I CLAIM DENIED (Forman) CLAIM DENIED (Sabbota) MEETlllG SCHEDULED Sept. 10 I SEWER SERVICE CHARGE PERSONNEL DIRECTOR Commended ADJOURNMENT AYES NOES ABSENT: 25:0092 Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None The City Attorney then presented, explained the content and read the title of Resolution No. 4913, entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF ARCADIA HOSPITAL REVENUE BONDS (METHODIST HOSPITAL OF SOUTHERN CAL IFORNIA), SERIES A, THE EXECUTION AND DELIVERY OF AN INDENTURE, LOAN AGREEMENT, BOND PURCHASE AGREEMENT, OFFICIAL STATEMENT AND CERTAIN OTHER ACTIONS IN CCllNECTION THEREWITH." It was MOVED by Councilman Saelid, seconded by Counci lman Gilb and carried on roll call vote as follows that the further reading of the full text of Resolution No. 4913 be waiveri and same be ADOPTED. Councilman Dring stated in part that he questions whether or not the risk to the people of the community is worth the benefit to be gained .., that the hospital could go bankrupt ... what would happen if the Series A reve- nue bonds were declared illegal in the State ... Mr. Davis then responded in part that the immediate result would be that the City would not be ob- liga ted to pa y. Roll call vote was then taken. AYES NOES ABSENT: Councilmen Gilb, Saelid, Pellegrino Councilmen Dring, Haltom None (NOTE: THE ABOVE AGENDA ITEM IS IN TRANSCRIPT FORM ON FILE IN THE OFFICE OF THE CITY CLERK.) It was MOVED by Councilman Dring, seconded by Councilman Haltom and carried on roll call vote as follows that the claim of Rose Forman be and it is hereby DENIED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None It was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried on roll call vote as follows that the claim of Eugene Sabbota be and it is hereby DENIED. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None A meeting was scheduled for 7 p.m. September 10 to consider senior citizen housing. Councilman Dring asked the Council if it would be willing to consider an agenda item for the elimination of the sewer service charge. It was the consensus of the majority of the Council that it would prefer to wait un- til the sewer system deficiency study is completed. It was MOVED by Councilman Saelid, seconded by Councilman Gilb and carried on roll call vote as follows that Stephen Kimbrough be commended on his activity in the City as its Personnel Director. Mr. Kimbrough is leaving the City to become Assistant City Manager of Temple City. AYES NOES ABSENT: Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino None None At 10:55 p.m. the meeting adjourned to 5 p.m. August 19, 1980.( ~~~M4'~C Mayor 8-5-80 RESOLUTION NO. 4908 ADOPTED HOSPITAL REVENUE BONDS 25 :0091 AYES NOES ABSENT: d the title of COUNC IL OF THE Dring, Gil , Haltom, Saelid, P llegrino The City ~ torney present, explaL Resolution o. 4908 entitled: "A CITY OF ARC IA ESTABLISHING FEES ed the content and SOLUTION OF THE CI R ELECTRICAL PERMIT " ilb and carried e full text of It was MOVED on roll call Resolution No. y Councilman Saelid, s conded by Councilman te as follows that th further reading of t 908 be waived and ADO D. I Counci men Dring, Gilb, None Counc il None , Pellegrino Council re 'ewed the contents of solution No. 4913, th Agreement, e Loan Agreement, the ndenture and the Prel inary Offi 'al Statement by iegler Securities, In. During these consid ra- Il changes in t e Loan Agreement were ndicated and Roger Da s, Orrick Harrington, Ro ey & Sutcliffe, respon ed to questions concer ing increas ng the coverage f the reserve fund fro 12 months to some Ion er period. the possible:c sequence of that woul be the loss of tax ex p- tion on e bonds due to e possible view of th Internal Revenue Serv~ e that more bonds were issue than were necessary r the project. 1 has agreed to amend the liability coverage na 'ng the City as addi- tional insur d in the amount $10 million. Richar Strong, Gibson, Dunne & Crutc er, confirmed th s amendment saying in art that it appears better to put hat provision in the Lease rather than 'n the Bond Agree- ment because i extends over th entire period of time ere the City' concerns are mo directly addressed s ce the Loan Agree- m nt addresses p imarily repaymen of the bonds rather t an the City's lia- bi: ity. Cou cilman Gilb th ifth Amendment to the Lease as meetL g. Motion sec nded by Council vote follows: lerk to execute viewed by the City Concil at this n Saelid and carried 0 roll call AYES NOES ABSENT: Councilmen Dr ng, Gilb, Haltom, Saelid, Pellegrino None .one Walter Hoe flin, Administ the matter f increasing t. ractice in ranee was con irectors of the Hospital. aI, stated for the re e limits in the spital's liability an mal- 'dered and unanim usly approved by the B'ara of d Purchase greement. ges were indicat and initialed by tho e re- . ed. One i m in connecti with the Comfor Letter from Ernst & Whinneyl clarified. It was noted t t a Corporate ch ck in the amount of $229,00 een deliver d this date as good faith depo it in the transaction. The 'ty's Financ Director woul prefer a Cashie 's Check, Certified Check or th Passbook. ennis Rogneru of Ziegler Secur ies, Inc., said that the pa sbook would e provided Au st 6, 1980. Indentu their re as Corpor MOVED by call vote Trustee. ated August 1, 1980. Mr. hat the Securi y Pacific Nation te Trustee this is also e Hospital's exi uncilman Dr ng, seconded b Councilman Gilb follows tH t the Security acific National stated that it is Bank be retained ing bank. It was d carried on roll ank be retained as -7- 8-5-80