we are recording.
>> Okay.
GOOD AFTERNOON.
THIS IS A MEETING OF THE PUBLIC
ASSETS AND NATIVE COMMUNITIES
COMMITTED.
THE TIME IS 2:00 IN IT IS
APRIL 6. I AM DEBORAH WILLIS,
THE CHAIR OF THE COMMITTEE.
WITH THE CLERK CALL THE ROLE?
>> COUNCILMEMBER TORRES?
>> HERE.
[ ROLL BEING CALLED ]
>> THANK YOU FOR BEING HERE
TODAY.
I EXPECT THE OTHER
COUNCILMEMBERS WILL BE HERE
SHORTLY.
I WILL MOVE TO APPROVAL OF THE
AGENDA.
IF THERE IS NO OBJECTION, THE
AGENDA WILL BE ADOPTED.
HEARING NO OBJECTION, THE
AGENDA IS ADOPTED.
NOW WE WILL MOVE TO THE CHAIR'S
REPORT.
TODAY IS THE COMMITTEES SECOND
AND LAST HEARING TO THE APPEALS
AND EXAMINE IS INITIAL AND
FINAL REPORT ON THE WATERFRONT
-- NUMBER 6751.
THIS IS THE FINAL ASSESSMENT
ROLL.
THE HEARINGS TODAY ON MARCH 2nd
ARE IN COMPLIANCE WITH
COMPLIANCE WITH THE REVISED
CODE OF WASHINGTON AND THE
SEATTLE INVISIBLE CODE.
DID COUNCIL HEAR ANY APPEALS
FROM THE REPORT OF THE HEARING
EXAMINER ON THE FINAL
ASSESSMENT ROLE FOR LOCAL
IMPROVEMENT DISTRICTS.
THE INITIAL REPORT WAS FILED
WITH THE CLERK ON SEPTEMBER 8,
2020.
BASED ON THE EXAMINERS
RECOMMENDATION, THE COUNCIL
REMANDED 17 PROPERTIES TO THE
CITY, APPRAISER FOR THE
WATERFRONT -- FOR MORE ANALYSIS.
THE HEARING EXAMINER HELD A
HEARING ON THE REMANDED
PROPERTIES AND PREPARE THE
FINAL REPORT, CONSOLIDATING THE
RECOMMENDATIONS ON THE REMANDED
PROPERTIES WITH ALL
RECOMMENDATIONS FROM THE
INITIAL REPORT.
THE HEARING EXAMINER FILED THE
FINAL REPORT WITH THE CITY CLERK
ON FEBRUARY 1st, 2021.
THE CITY CLERK PUBLISHED NOTICE
OF THE FINAL REPORT AND SEND
COURTESY NOTICES TO PARTIES WHO
MADE TIMELY PROTESTS BEFORE THE
HEARING EXAMINER.
ANY PARTY WHO MADE A TIMELY
PROTEST OF ASSESSMENTS IN THE
HEARING EXAMINER'S INITIAL
HEARING WOULD FILE AN APPEAL IN
THE FINAL REPORT WITH THE
CLERK.
THAT IS WHY YOU WILL FIND TWO
SEPARATE INDEXES IN THE CENTRAL
STAFF MEMO ATTACHMET ONE SHOWS
AN INDEX OF APPEALS TO THE
INITIAL REPORT.
ATTACHMENT TWO SHOWS AN INDEX
OF APPEALS FOR THE INITIAL AND
FINAL REPORT.
IN TOTAL, THE CLERK HAS
SCHEDULED 71 UNIQUE VALID
APPEALS BEFORE THE PUBLIC
ASSETS AND NATIVE COMMUNITIES
COMMITTEE.
BECAUSE SOME APPEALS WERE FILED
FOR ONLY THE INITIAL REPORT,
SOME ONLY FOR THE FINAL REPORT,
AND SOME FOR BOTH, THE TOTAL
AMOUNT OF APPEALS SHOWN ON THE
INDEXES ATTACHED TO THE CENTRAL
STAFF MEMO ADDS UP TO MORE THAN
71 APPEALS AS A SHARED --.
THE APPEAL OF THE INITIAL REPORT
AND THE APPEAL OF THE FINAL
REPORT ARE CONSIDERED TOGETHER
HERE TODAY AS A COMPLETED
APPEAL FOR ANY UNIQUE HEARING
EXAMINED CASE NUMBER.
WE HEARD THE FIRST BATCH OF
APPEALS ON MARCH 2nd AND IN
THIS COMMITTEE WHERE WE
REVIEWED 32 APPEALS TO THE
HEARING EXAMINER'S INITIAL
REPORT.
TODAY, WE WILL HEAR THE
REMAINING APPEALS OF THE
INITIAL REPORT AND ALL OF THE
APPEALS OF THE FINAL REPORT.
AFTER ALL APPEALS ARE REVIEWED,
THIS COMMITTEE MAY MAKE A
RECOMMENDATION TO COUNCIL.
THAT IS TO FULL COUNCIL.
WE WILL OPEN THE HEALING WITH
ERIC CONNIE FROM CENTRAL STAFF
TO OFFER THE CENTRAL REVEAL FOR
EACH APPEAL AS WELL AS THE
RECOMMENDATION FOR EACH APPEAL
BECKY HAS PROVIDED EACH MEMBER
GUIDING MATERIAL AHEAD OF THE
MEETING AND I OF COURSE -- THE
CLERKS FILE WITH ALL THE
DIFFERENT APPEALS.
BECAUSE THE APPEALS ARE
QUASIJUDICIAL MATTERS, THE
COMMITTEE IS NOT ABLE TO ACCEPT
OTHER COMMENTS TODAY.
AN IMPORTANT REMINDER TO MY
COLLEAGUES, WE HOLD THESE
HEARINGS PUBLICLY SO WE CAN
DISCUSS QUASIJUDICIAL MATTERS
OPENLY SO PLEASE FEEL FREE TO
ENGAGE IN CONVERSATION AND ASK
QUESTIONS AS WE MOVE THROUGH
THE REVIEW PROCESS.
ARE THERE ANY QUESTIONS AT THIS
TIME?
OKAY.
NOT HEARING ANY, --
>> COUNCILMEMBER JUAREZ?
I JUST WANT TO MAKE A NOTE
THAT COUNCIL MEMBER -- IS WITH
US AS WELL AS COUNCIL MEMBER
HER BOLD.
>> OKAY SO WITH THAT CAN WE
READ THAT INTO THE RECORD,
NATALIE?
>>> YES, UNLESS THERE ARE OTHER
QUESTIONS BY COUNCILMEMBERS
BEFORE WE BEGIN?
>> NOPE, OPAQUE THAT IS OKAY WE
WILL GO TO ITEMS OF BUSINESS
HEARING OF APPEALS PLEASE READ
ITEM NUMBER ONE INTO THE
RECORD.
>> ITEM 1, HEARING OF APPEALS
TO THE FINDINGS AND
RECOMMENDATION OF THE HEARING
EXAMINER ON THE FINAL
ASSESSMENT ROLE FOR THE
WATERFRONT LOCAL IMPROVEMENT
DISTRICTS NUMBER 6751.
I WILL OPEN THE HEARING ON THE
APPEALS TO THE FINDINGS AND
RECOMMENDATION BY THE HEARING
EXAMINER ON THE FINAL
ASSESSMENT RULE FOR WATERFRONT
LOCAL IMPROVEMENT DISTRICTS
NUMBER 6751 THAT ARE FILED
WITHIN THE CLERK FILED 32199
THAT WAS 321914.
ERIC, CAN YOU LET US THROUGH
YOUR PRESENTATION?
YES, PLEASE.
HELLO, GOOD AFTERNOON EVERYONE.
I WILL JUST PROCEED BY -- FROM
MY REMARKS AND AS THE CHAIR
INDICATED PLEASE LET ME KNOW IF
YOU HAVE QUESTIONS AS WE GO
ALONG.
AND I WILL DO MY BEST TO ANSWER
THEM.
I DID, AS YOU KNOW, THE CENTRAL
STAFF MEMO, THE MEMBER THAT IS
PREPARED, THE TESTING AGENDA
AND I PROVIDED IT TO ALL OF YOU
IN THIS MEETING.
THE INDEXES ATTACHMENT ONE AND
TWO ARE ALREADY COVERED.
I WILL MENTIONED THERE ARE
BACKGROUND HISTORY PIECE IS
ATTACHMENT NUMBER THREE AND
ATTACHMENT NUMBER FOUR PROVIDES
A REFERENCE TO THE ENTIRE
RECORD FORMED TO THE SEATTLE
HEARING EXAMINER.
I WILL GIVE A LITTLE
ORIENTATION FOR WATERFRONT
L.E.D.
ASSESSMENT FOR THE RECORD AND
FOR THE PUBLIC COMMITTEE THAT
WE ARE REVIEWING NOW AND IN THE
FUTURE.
VIA ORDINANCE 125760, CITY
ORDERED THE PREPARATION OF THE
FINAL ASSESSMENT ROLE FOR THE
WATERFRONT L I.D.
AND IT IS HELPFUL TO UNDERSTAND
THE FINAL ASSESSMENT ROLE FOR
ANY LOCAL IMPROVEMENT DISTRICT
IS A LISTING OF ALL PROPERTIES
IN THAT L I.D.
WITH THE AMOUNT TO BE ASSESSED
AGAINST EACH PROPERTY AND IT IS
BASED ON THE INCREASE IN VALUE
ACCRUING TO EACH PROPERTY
CALLED THE SPECIAL BENEFIT.
THAT IS ATTRIBUTABLE TO THE
CONSTRUCTION OF THOSE LOCAL --
THERE ARE SPECIFIED LOCAL
IMPROVEMENTS FOR THIS WATERFRONT
L I.D.
THERE ARE PARTS OF THE OVERALL
CENTRAL WATERFRONT PROGRAM,
NAMELY THEY ARE THE PROMENADES
-- THE PIONEER SQUARE PRE-
STREET IMPROVEMENTS, THE UNION
STREET PEDESTRIAN CONNECTION,
THE PIPELINE STRIPS GREAT
IMPROVEMENTS IN EACH PROPERTY.
OVERALL THE TOTAL COST IS $737
MILLION AND THE ESTIMATED COP
WITH THE LAD IMPROVEMENTS IS
$347 MILLION.
OF THAT, THE MODIFIED
WATERFRONT L I.D.
ASSESSMENT WOULD FIND $160
MILLION PLUS APPROXIMATELY
$15.5 MILLION IN FINANCING
COSTS OF THE L I.D.
CITY, STATE AND PHILANTHROPIC
FINDINGS ROUND OUT THE TOTAL
BUDGET.
I WOULD JUST KEEP GOING ON.
I SEE YOUR QUESTIONS, FANTASTIC.
A SUPPORTING NO, THE ROLE OF
THE HEARINGS IN THIS, THE CITY
COUNCIL DOES ADMIT THAT THE
SEATTLE -- EXAMINER TO CONDUCT
THE WATERFRONT -- TO HEAR
OBJECTIONS FROM VIEWERS,
PRESENTATIONS FROM THE CITY AND
TO PROVIDE A RECOMMENDATION TO
CITY COUNCIL.
THE CENTER CONDUCTED THE
HEARING EVERY 4th, 2020 ABOUT
430 PROPERTY OWNERS OF THE MORE
THAN 6200 PROPERTIES SUBJECT TO
THE ASSESSMENTS PAID TIMELY
OBJECTIONS TO THE EXAMINER AND
THE EXAMINER CONDUCTED THE
HEARING AND EXCUSE ME, AND THEN
FOR WHAT WE CALL THE INITIAL
REPORT OF THE EXAMINER, HE
FILED THAT ON SEPTEMBER 8th,
2020.
AND AS CHARITY DESCRIBED, SOME
OF THOSE PROPERTIES WERE
REMANDED FOR FURTHER REVIEW.
THAT ANALYSIS WAS CONDUCTED BY
THE CITY APPRAISER. THE
EXAMINER HELD A HEARING ON
THOSE AND THEN WROTE UP THE
FINAL REPORT WHICH WAS
RECOMMENDATIONS ON THOSE
REMANDED PROPERTIES AS WELL AS
CONSOLIDATING ALL OF THE OTHER
RECOMMENDATIONS FOR THE INITIAL
REPORT.
FINALLY, I WOULD LIKE TO TALK
ABOUT THE STANDARD REVIEW AND
THE SCOPE ON THE DECISIONS ON
THOSE APPEALS.
FOR THE SEATTLE MUNICIPAL COURT
REVIEW OF COMMITTEE ON APPEALS
SHALL BE LIMITED TO AND BASED
SOLELY UPON THE RECORD FROM THE
HEARING ALTHOUGH THE COMMITTEE
MAY PERMIT WRITTEN OR ORAL
ARGUMENTS CONFINED TO THE
CONTENT OF THE RECORD FOR THE
HEARING AND FOR THE COMMITTEE
TODAY LIKE ON MARCH 2nd.
YOU WILL HAVE OPPORTUNITY -- NO
OPPORTUNITIES FOR WRITTEN OR
ORAL COMMENTS IS PROVIDED.
THE COUNTY'S RULES PROVIDE FOR
THAT.
THE HEARING EXAMINER'S DECISION
SELBY ACCORDED SUBSTANTIAL
WEIGHT AND THE BURDEN OF
ESTABLISHING THE -- UPON THE
APPEALING PARTY.
BOTH THE REVISED -- OF
WASHINGTON AND THE SEATTLE CODE
DIVIDE THAT.
AFTER HEARING APPEALS THE CITY
COUNCIL ME SET ASSESSMENT
ROLLS, REVISE, RAISE, LOWER,
CHANGE, MODIFY THE ROLE OR ANY
PART THEREOF.
OR SET ASIDE THE ROLE OR THE
ASSESSMENT TO MADE IN OVER OR A
NEW.
THEN RECOMMENDATIONS OF COUNCIL
LIMITED TO THOSE OPTIONS TO
APPROVE OR APPROVE OF
COMMISSIONS, MODIFY REMAINDER
DENY THE APPEAL.
IN THIS CASE THERE ARE A NUMBER
OF APPEALS AND EACH ONE
RECEIVES ITS OWN DECISION.
AFTER THE COMMITTEE VOTES ON
RECOMMENDATIONS FOR ACTION ON
THESE APPEALS THE COUNCIL
CENTRAL STAFF WILL APPEAR UP --
MEMORIALIZE THAT DECISION.
-- NOT APPEAL FINAL ASSESSMENT
ROLE WITHOUT REVIEWING OR
DECIDING UPON ALL THAT --
HEARING EXAMINER'S
RECOMMENDATION ON THE FINAL
ASSESSMENT ROLE.
AND WITH THAT, I WILL END MY
PRESENTATION AND ACCEPT ANY
QUESTIONS AND TURN IT BACK OVER
TO --.
THANK YOU.
>> BEFORE WE DO THAT, JUST A
WEEK GOT THIS CLEAR ON THE
RECORD FOR THOSE WHO HAVEN'T
BEEN INVOLVED IN THIS PROJECT
FOR MANY YEARS, THANK YOU FOR
THE MEMO THAT YOU DID THAT DATED
MARCH 31st WITH THE FOUR
ATTACHMENTS WHEN THE INDEXES IN
THERE AND THE MEMO AND THE
HISTORY -- I THINK THAT IS
ATTACHMENT THREE, THE BACK
COUNT ON THE WATERFRONT LEAD.
SO BASICALLY FOR THOSE VIEWING
AND THOSE WHO ARE STILL
LEARNING ABOUT THIS, IT IS
ONLINE AND YOU CAN CERTAINLY
GET TO IT AND THE MEMO THAT
ERIC PREPARED WITH WITH THE
ATTACHMENTS OF ALL THE APPEALS
AND ALSO THE BACKGROUND ON THE
WATERFRONT LID AND THE
ASSESSMENT AND ALL THE LINKS TO
THE ORDINANCES, THE FINAL
SPECIAL BENEFITS STUDY, THE
RESOLUTIONS, THE CLERK FILES
ARE ALL THERE.
WE HAD THE OPPORTUNITY TO GO
THAT'S WHY WANTED TO MAKE SURE
THE PUBLIC KNEW AND PEOPLE KNOW
WHO WERE WATCHING HER WILL BE
WATCHING KNOW THAT ALL THIS
INFORMATION WAS SENT TO ALL OF
US COUNCIL ON OUR COMMITTEE ON
MARCH 31st, 2021 WITH THE FOUR
ATTACHMENTS SO THAT, IF THERE
ARE ANY QUESTIONS OR
DISCUSSIONS FOR MY COLLEAGUES?
>> OKAY.
NOT SEEING ANY, HERE NO -- I'M
SORRY, COUNCIL MEMBER --
COUNCILMEMBER HERBOLD?
>> I UNDERSTAND THAT AS CHAIR,
YOU ARE EMPOWERED TO NOT TAKE
TESTIMONY.
THIS IS A VERY DIFFERENT TYPE
OF A QUASIJUDICIAL INTERACTION
AND I AM FAMILIAR WITH IT,
HAVING SERVED IN THE PAST ON
THE LAND USE COMMITTEE.
WHERE WE DID HERE, WITHIN THE
CONFINES OF WHAT WE ARE -- THAT
OF -- OF WHAT ONLY IS ON THE
RECORD BUT WE WOULD HEAR FROM
THE APPELLANTS AND THE
OPPOSITION TO THE APPELLANTS.
THE THING I'M TRYING TO GET MY
BRAIN AROUND HIS WHAT MAKES --
THIS IS -- THIS AGENDA, THIS
MEETING IS NOTICED AS A
HEARING.
WHAT MAKES IT A HEARING IF WE
ARE NOT HEARING ANYTHING?
>> LET ME SAY SOMETHING AND I
WILL LET ERIC ANSWER SOME OF
THAT.
>> THANK YOU.
>> SO WHEN WE STARTED TWO YEARS
AGO IS THAT WE HAVE A CHOICE
AND I MADE THE CHOICE TO HIRE A
HEARING EXAMINER INSTEAD OF A
COMMITTEE AND CITY COUNCIL TO
LISTEN TO ALL OF THESE APPEALS
AND THEN THEY PUT A REPORT
TOGETHER SO I FELT IT WAS
IMPORTANT TO HAVE AN ACTUAL
ATTORNEY HEARING EXAMINER, NOT
COMMITTEE, NOT CITY COUNCIL
LISTEN TO THE APPEALS AND MAKE
A RECORD AND THAT IS ACTUALLY
WHAT HAPPENED AND THEN WE
PROBABLY DIDN'T KNOW ALL THIS
BUT THEN WE RECEIVED A 600 PAGE
BINDER OF ALL THE APPEALS AND
THE DECISION BY THE HEARING
EXAMINER AND ALL THAT IS IN
ERIC'S MEMO AS WELL BUT I WILL
LET ERIC EXPLAIN TO YOU WHY
THIS IS A DIFFERENT KIND OF
HEARING FOR CROSS EYED JUDICIAL
WHILE WE DO TAKE PUBLIC COMMENT
BECAUSE THESE ARE THE APPEAL SO
THEY HAVE HAD THEIR DAY IN
COURT SO TO SPEAK AND WE ARE
LOOKING AT WHAT THE HEARING
EXAMINER DECIDED IN THE LAST
TWO YEARS AND ERIC, CAN WE ADD
TO THAT ABOUT EXACTLY WHAT WE
ARE DOING HERE TODAY?
I THINK YOU BUBBLY, I CAN GO ON
AND ON BUT I WILL LET YOU --
MAKE I'M JUST REALLY NARROWLY,
I JUST FEEL LIKE I UNDERSTAND
SOME OF THIS JUST BECAUSE OF MY
UNDERSTANDING OF QUASIJUDICIAL
AND I UNDERSTAND THIS IS
DIFFERENT BUT ONE MY SPECIFIC
QUESTION IS WHAT MAKES THIS
MEETING THAT WE ARE HAVING
RIGHT NOW A HEARING?
>> GREAT.
THANK YOU FOR THE QUESTION.
SO AS I MENTIONED BEFORE, THE
COMMITTEE MAY TAKE ORAL
TESTIMONY AND WRITTEN ARGUMENT
AS PART OF THE HEARING AND SORT
OF A MORE ORDINARY OR CUSTOMARY
WAY THAT YOU THINK OF BUT MAY
NOT.
IN THIS CASE, THE RECORD WAS
FORMED BEFORE THE HEARING
EXAMINER.
THE APPEALS THAT WERE FILED, OF
THE HEARINGS EXAMINER'S
RECOMMENDATIONS, SOME 70 ONE OF
THEM, THOSE ARE, BEFORE YOU ALL
AND THEY PRESENT THE COMPLAINT
OR ARGUMENT OR OBJECTION TO THE
HEARING EXAMINER'S DECISION FOR
EACH ONE OF THOSE THINGS TO THE
COUNCIL.
SO THE HEARING BECAUSE IT IS
QUASIJUDICIAL, THE TIME FOR THE
COMMITTEE TO BE HERE IN A
TRANSPARENT, PUBLIC WAY TO SAY
WE RECOGNIZE THESE APPEALS AND
THE HEARING EXAMINER OFFICE
DECISION IN A MOMENT WHERE WE
CAN ALL SORT OF, IN TERMS OF
BEING FAIR, DO IT IN A PUBLIC
FORUM.
SO THAT IT WHAT IT MAKES IT A
HEARINGS APPEAL.
>> AND THE COURT FILE THAT IS
ATTACHED TO THIS AGENDA IS NOT
JUST AN INDEX OF ALL THE
APPEALS, IS THAT CORRECT?
THEY ALSO INCLUDE LIKE A LINK
THROUGH TO THE MATERIALS
ASSOCIATED WITH THE APPEALS?
>> YES, THAT IS CORRECT.
THIS IS KIND OF A, SO AS THE
APPEALS CAME IN, HISTORICALLY
AND I WON'T GO INTO ALL THE
DETAILS BUT SORT OF THE BACK END
PROCESS THAT THE CITY ADOPTED
AND AS YOU RECALL SORT OF
NOTIFIED THE COMING IN SO THOSE
WERE AVAILABLE BUT IN ORDER TO
MAKE NUMBER ONE AVAILABLE TO
THE PUBLIC AND SORT OF
ACCESSIBLE AND TRANSPARENT TO
THIS PROCESS, THE CITY CLERK
WAS REALLY GREAT ABOUT PREPARING
INDIVIDUAL FOLDERS FOR EACH
APPEAL SO THAT AND THEN WE
ORGANIZED THEM BY DAY AND
BECAUSE THESE APPEALS WERE
SCHEDULED FOR PARTICULAR DAYS.
SO THAT INFORMATION IS
AVAILABLE ONLINE BUT HAS BEEN
AVAILABLE LONGER THAN THE
EXISTENCE OF THOSE FILES.
>> ERIC, WHEN DO WE CLOSE THE
DATE ON THE APPEALS THE ONE
WHERE THE CLERK GAVE NOTICE?
MIX SO THERE WERE TWO APPEAL
PERIODS.
THERE WAS ONE FOR THE INITIAL
REPORT AND THERE WAS ONE FOR
THE FINAL REPORT.
THE FINAL REPORT WAS FILED --
RECOUNTED TO 15 DAYS ON THE
FINAL REPORT FROM FEBRUARY 1 SO
THERE IS ABOUT TWO WEEKS FOR
PEOPLE TO FILE THOSE APPEALS.
>> SO IS THIS A DOCKET THAT I
WAS LOOKING AT WHERE WE PRINTED
IT IT WOULD'VE BEEN 3000 PAGES?
>> YEAH BUT EACH APPEAL, WHEN
WE GET TO EACH APPELLATE AND
THERE ARE A NUMBER OF DIFFERENT
WAYS TO REFERENCE THE MATERIALS
AND SOME OF THE APPELLANTS, THE
APPEALS ARE LONGER BECAUSE THEY
MIGHT HAVE INCLUDED THE ENTIRE
FINAL REPORT FOR EXAMPLE OF THE
HEARING EXAMINER AND THEIR
EXHIBITS.
SOME OTHER APPELLANTS MIGHT
HAVE CHOSEN A DIFFERENT WAY.
AS LONG AS THEY SUBMITTED THOSE
MATERIALS NEEDED TO TAKE THEM
IN AND CALL IT THEIR APPEAL --
SO IF YOU WERE TO JUST PRINT
THEM ALL OUT YOU MIGHT PRINT
SOME OF THOSE THINGS MANY TIMES
SO THE FINAL REPORT FOR EXAMPLE
FOR THE APPEALS OF THE FINAL
REPORT MIGHT APPEAR OVER AND
OVER AND OVER AGAIN.
SO IT ENDS UP BEING MANY PAGES
BECAUSE OF THAT BUT --
>> A LOT.
>> THERE YOU HAVE IT.
I GUESS I WILL JUST STOP THERE.
MAYBE THAT ANSWERS THE QUESTION?
YEP?
OKAY GREAT.
>> YES, I THINK SO.
ANYTHING ELSE?
ALL RIGHT.
THANK YOU, COUNCILMEMBER
HERBOLD.
THAT'S A GOOD QUESTION SO WITH
THAT, I'M NOT HEARING FURTHER
QUESTIONS.
I'M CLOSING THE HEARING ON THE
APPEALS TO THE FINDINGS AND
RECOMMENDATIONS BY THE HEARING
EXAMINER THAT WE HIRED IN THE
FINAL ASSESSMENT ROLE FOR
WATERFRONT LID AND FOR THE
DISTRICT 6751 FILED IN THE
CLERK FILE UNDER 321914.
OKAY SO I'M CLOSING THE
HEARING.
DID THAT.
OKAY.
NOW, ERIC, LET'S SEE, THE
COMMITTEE HAS THE COMPLETE
RECORD OF THIS MATTER BEFORE IT
AND HAS CONSIDERED ALL APPEALS
OF THE HEARING EXAMINER'S
RECOMMENDATIONS FOR THE FINAL
ASSESSMENT OF THE WATERFRONT L
I.D.
SO ERIC, THE NEXT STEP IS CAN
YOU WALK US TO THE NEXT STEPS
THAT THE COMMITTEE HAS
COMPLETED THEIR REVIEW OF THE
APPEALS COURTS THAT WE HAVE
COMPLETED THE REVIEW OF THE
APPEALS, CORRECT?
>> THAT'S CORRECT SO WITH THESE
TWO HEARINGS HAVING BEEN OPENED
AND HEARD AND CLOSED, THE
COMMITTEE NOW MAY TAKE ACTION
ON THE APPEALS AND THE ACTION IS
TO MAKE A RECOMMENDATION TO THE
COUNCIL ON THE APPEALS AND THEN
TO AFFIRM OR NOT AFFIRM, YOUR
CHOICE, RIGHT, THE FINAL
ASSESSMENT ROLE AS RECOMMENDED
BY THE HEARING EXAMINER.
>> OKAY SO WE ARE AT -- IF
THERE ANY QUESTIONS, WE ARE AT
THE JUNCTURE WHERE WE HAVE
CLOSED THE HEARING AND SO I'M
GOING TO MAKE A MOTION HERE IN
A MOMENT BUT ARE THERE ANY
OTHER DISCUSSIONS?
OR QUESTIONS?
OKAY.
IF THERE ARE NO FURTHER
DISCUSSIONS THAN I MOVE THE
COMMITTEE RECOMMEND THAT THE
APPEALS AND THE CLERK FILES
321893 AND 321 914 BE DENIED
AND TO APPROVE THE FINAL
ASSESSMENT ROLE FOR THE L I.D.
LOCAL IMPROVEMENT DISTRICT
NUMBER 6751 WITH THE REVISIONS
RECOMMENDED BY THE HEARING
EXAMINER. IS THERE A SECOND?
>> SECOND.
>> THANK YOU, COUNCILMEMBER
PEDERSEN, MY VICE CHAIR.
SO THE MOTION HAS BEEN MOVED
AND SECONDED TO DENY THE APPEAL
IN THE CLERK FILES AS STATED
AND TO APPROVE THE FINAL
ASSESSMENT ROLE.
ARE THERE ANY OTHER COMMENTS?
COUNCILMEMBER HERBOLD?
>> SORRY TO BE A PAIN IN THE
PATOOTIE HERE -- WHEN I WAS
LOOKING AT THE AGENDA AND
HAVING THIS SORT OF QUESTION OF
YOU KNOW, WHAT DOES IT MEAN TO
BE A HEARING, I ALSO -- THE
MEETING IS NOTED FOR -- AND
DISCUSSION SO I WAS NOT AWARE
THAT THERE WAS GOING TO BE AN
ACTION AND I'M NOT, I'M JUST,
I'M NOT EXPRESSING ANY
DISCOMFORT WITH TAKING ACTION.
I'M JUST ASKING SORT OF THE
QUESTION OF PROCEDURE.
WHETHER OR NOT WE NEEDED TO BE,
THIS AGENDA NEEDED TO BE
NOTICED AS AN ACTION ITEM?
>> AREN'T YOU GLAD YOU BROUGHT
THAT UP BECAUSE I HAD A
DISCUSSION WITH MY VICE CHAIR,
MR. PEDERSON.
WHEN YOU LOOK UNDER ITEMS OF
BUSINESS AND YOU SAY AS
COUNCILMEMBER PEDERSEN POINTED
OUT, THE COMMITTEE MAY CONSIDER
AND TAKE POSSIBLE ACTION.
AND WE MAY TAKE ACTION AND
CONSIDERATION IF SOMEBODY
WASN'T READY TO VOTE AND TAKE
ACTION BUT THAT IS WHY WE USE
THE WORD "MAY."
DO YOU SEE THAT.
>> I DO SEE IT.
I'M LOOKING AT THE NON-PDF
VERSION OF YOUR AGENDA.
>> OH, OKAY.
>> AND I DO SEE BY LOOKING ON
THE PDF THAT ADDITIONAL
LANGUAGES INCLUDED THAT IS NOT
INCLUDED IN THE SORT OF E FORM
FOR THE AGENDA.
>> OKAY.
IF YOU WERE TO LOOK AT THE
ACTUAL PDF ON PAGE --
>> I GOT IT NOW, YES.
>> OKAY AND I'M GLAD YOU
BROUGHT THAT UP BECAUSE
COUNCILMEMBER PEDERSEN HAD THE
SAME CONCERN AND SO THAT IS WHY
WE USED THE WORD "MAY CONSIDER
TO TAKE POSSIBLE ACTION."
THAT'S WHY WE MADE SURE ALL OF
OUR COLLEAGUES GOT THE COURT
FILE AND ALL THE INFORMATION
BEFORE IT GOES TO FULL COUNCIL
-- BUT IT HAS TO COME OUT OF
COMMITTEE FIRST, AS YOU KNOW.
IS THERE ANYTHING ELSE YOU WANT
TO ADD TO THAT, ERIC ARE YOU
OKAY, COUNCILMEMBER HERBOLD?
ARE YOU OKAY?
OKAY.
AND YOU NEVER ARE A PAIN IN THE
A 2-D. I'M NOT FAMILIAR WITH
THAT WORD BUT I THINK I
UNDERSTAND WHAT THAT MEANS.
NOW I LOST WHERE I WAS AT SO A
MOTION WAS SECONDED, RIGHT?
THE MOTION WAS MOVED, WE HAD A
SECOND, THERE WERE COMMENTS,
COUNCILMEMBER HERBOLD MADE A
COMMENT.
WITH THAT, NOT HEARING
ANYTHING ELSE, WITH THE CLERK
PLEASE CALL THE ROLL ON THE
DENIAL OF THE APPEALS AND
APPROVAL OF THE FINAL
ASSESSMENT ROLE FOR LOCAL
IMPROVEMENT DISTRICT 6751.
CLERK?
>> [ ROLL BEING CALLED ]
>> THAT IS FIVE IN FAVOR.
CHAIR SO -- SMITTEN UNOPPOSED?
>> AND NONE OPPOSED, I'M SORRY.
>> OKAY SO I WILL ANNOUNCE THE
FINAL ACTION.
OBVIOUSLY, THE MOTION CARRIES
AND THE COMMITTEE WILL
RECOMMEND TO THE FULL CITY
COUNCIL OR RECOMMEND TO CITY
COUNCIL THAT THEY DENY THE
APPEALS FILED IN COURT FILES
32189 FEET, 321914 AND TO
APPROVE THE FINAL ASSESSMENT
ROLE FOR THE L I.D.
6751 WITH THE REVISIONS
RECOMMENDED BY THE HEARING
EXAMINER.
SO NOW THAT WE HAVE DONE THAT
PART, NEXT IS WE HAVE TO TAKE
ADDITIONAL STEPS TO MAKE THIS
RECORD SO IN ANTICIPATION OF A
POSSIBLE VOTE WHICH WE HAVE
DONE, WITH THE RESULT TODAY, I
REQUESTED THAT CENTRAL STAFF
CAN PREPARE A PRELIMINARY DRAFT
OF THE FINDINGS, CONCLUSIONS
AND DECISION OF COUNCIL ON THIS
MATTER.
THE DOCUMENT WILL BE THE
WRITTEN RECORD ON THIS MATTER.
COUNSELS ADOPTION OF THE
FINDINGS, CONCLUSIONS AND
DECISION, NUMBER ONE, WHAT
APPROVE THE FINAL ASSESSMENT
ROLE FOR THE L I.D.
6751 WITH THE REVISIONS.
AND NUMBER TWO, DENY EACH OF
THE APPEALS, CONFIRMING THE
HEARING EXAMINER'S
RECOMMENDATION FOR EACH.
SO AT THIS POINT, ERIC, CAN YOU
PLEASE DISTRIBUTE ELECTRONICALLY
-- BECAUSE YOU GUYS HAVEN'T
SEEN THIS UNTIL NOW, THE
DRAFTED FINDINGS AND
CONCLUSIONS AND DECISION AND
BRIEFLY WALK US THROUGH THE
DOCUMENT?
SO THE REASON WE HELD THAT
BACK, I HAD IT READY TO GO THIS
WAY SO ERIC, CAN YOU DO THAT
NOW AND LET US KNOW WHEN YOU
HAVE TRANSMITTED THAT?
SURE, JUST GIVE ME A FEW
MOMENTS TO PUT THAT TOGETHER.
SO, JUST A MOMENT.
>> SO HOW WILL WE KNOW WHEN
EVERYONE HAS A? ARE THEY JUST
GOING TO TELL ME OR TWO HOUSES
THAT WORK, ERIC?
>> WHEN I PUSH SEND, I WILL
SEND AN EMAIL.
WHEN I PUSH IT IN JUST A
MOMENT, I WILL LET YOU KNOW.
ALMOST SORRY, FOR THE -- NECK
THAT'S OKAY.
I JUST WANT TO MAKE SURE.
I SEE THAT COUNCILMEMBER
PEDERSEN IS LOOKING AT HIS
SCREEN INTENTLY TO LET US KNOW
WHEN HE SEES IT.
MAYBE COUNCILMEMBER PEDERSEN,
AS MY VICE CHAIR, CAN RAISE HIS
HAND.
I CANNOT SWITCH SCREENS.
>> OKAY.
I HAVE SENT IT.
>> OKAY, COUNCIL MEMBER, THIS IS
COUNCILMEMBER HERBOLD.
THE EMAIL GETS TO THE REST OF
YOUR COLLEAGUES I CAN SHARE MY
SCREEN FOR THE PUBLIC.
>> OKAY.
>>> WAIT, SO ARE WE BACK TO,
YOU HAVE ME ON MUTE, RIGHT?
>> ALL RIGHT I AM UNMUTE IT AND
WE HAVE A DOCK AND
COUNCILMEMBER HERBOLD, YOU
PULLED THAT UP, IS THAT ON YOUR
SCREEN?
MIKE THAT IS -- AND JUST AS A
VIEWER I CAN SEE IT.
>> WE CAN ALL SEE IT NOW,
GREAT.
THIS IS WHAT WE HAD KIND OF
QUEUED UP IN ANTICIPATION
EITHER WAY FOR THE FINDINGS AND
CONCLUSIONS AND DECISION SO
WITH THAT, ERIC, DO YOU WANT TO
WALK US THROUGH THIS?
MAKE SURE.
OUR FINDINGS CONCLUSIONS
DECISIONS DOCUMENT IS AS YOU
DESCRIBED, CHAIR THE WRITTEN
RECORD OF THE RECOMMENDATION ON
THESE MATTERS FROM THE
COMMITTEE.
THE BEGINNING AS A BACKGROUND.
SOMETIMES, YOU CAN THINK OF
THIS AS SORT OF LIKE THE
RECITALS ON A BILL OR
RESOLUTION.
THE INFORMATION WOULD BE VERY
FAMILIAR BECAUSE IT HAS LOTS OF
SHARED INFORMATION.
YOU WOULD ALSO SEE IN THE BACK
ON DOCUMENT, THIS ATTACHMENT
NUMBER THREE BUT IT IS
IMPORTANT TO HAVE THIS YEAR TO
GET CONTEXT TO THIS DOCUMENT.
AND IF YOU DON'T MIND, JUST
KIND OF STEPPING THROUGH, YOU
CAN EITHER GO PAGE BY PAGE OR
ROLL DOWN.
THAT WOULD BE GREAT.
LET'S GO TO I THINK IT IS GOING
TO BE PAGE 2, WE WILL GO
THROUGH ONE AT A TIME?
THIS CONTINUES IN THE
BACKGROUND.
THANK YOU FOR BEARING WITH ME.
PAGE 3, PLEASE.
THE BOTTOM OF PAGE 3 IS THE
FINDINGS OF FACT AND NOTES THAT
THE COUNCIL ADOPTS THE
FOLLOWING FINDINGS OF FACT AS
STATED IN THE HEARING AND FINAL
REPORT JANUARY 29, 2021.
THAT IS OFFICIAL LANGUAGE
SAYING WE AGREE WITH ALL THE
THINGS THAT THE EXAMINER BASED
DECISIONS ON SO WE CAN CONTINUE
ON.
THIS CONCLUSIONS HERE.
AND THESE ROUND OUT ALL THIS
SORT OF PIECES TO THIS DEALING
WITH STANDARD REVIEW, FROM THE
HEARING EXAMINER, MADE
DECISIONS OF SUPPORTED MATURATE
AND ALSO NOTING THE COUNCIL'S
CONCLUSIONS ABOUT THE
APPELLANT'S ARGUMENTS AND THEY
FAILED TO DEMONSTRATE WHETHER
ASSESSMENT WAS FUNDAMENTALLY,
WAS DONE IN A FUNDAMENTALLY
WRONG BASES ARE IT WAS
ARBITRARY.
THE LAST BIT IF YOU JUST GO
DOWN AND THANKS FOR DOING SO
MUCH FOR THIS.
THE FINAL DECISION IS THE FINAL
ASSESSMENT ROLE FOR THE LOCAL
IMPROVEMENT DISTRICT WITH THE
HEARINGS AS THE HEARING
EXAMINER APPROVED, THE
LANGUAGE YOU DID VERBALLY AND
IT SHOWS THE COUNCIL'S DECISION
ON EACH OF THESE APPEALS
REFERENCED BY CASE NUMBER AND
THIS GOES ON FOR A FEW PAGES
BECAUSE EACH APPEAL IS IT OWN
UNIQUE THING AND THIS WRITTEN
DOCUMENT NEEDS TO SHOW THEM
SEPARATELY.
AND THAT ROUNDS IT OUT.
THERE IS A SIGNATURE LINE ON
THE LAST PAGE FOR THE COUNCIL
PRESIDENT AFTER THIS, IS IF
THIS SHOULD GO UNDER COUNCIL
WITH YOUR RECOMMENDATIONS AND
THERE IS A PLACE FOR THE
PRESIDENT TO SIGN THAT AFTER
COUNCIL'S FINAL ACTION ON IT.
>> ERIC, HELP ME OUT HERE.
THIS OR --, THIS DRAFT WE WILL
HAVE IT IN FRONT OF FULL
COUNCIL.
I DON'T BELIEVE, IS IT GOING TO
BE THIS MONDAY?
>> I DON'T BELIEVE SO.
>> SO WHAT IS GOING TO BE A FEW
MORE WEEKS OUT?
>> YES, A FEW MORE WEEKS OUT IS
WHAT WE DECIDED BECAUSE WE WANT
TO GIVE EVERYBODY AN
OPPORTUNITY TO SEE THIS AND
LOOK AT THE RECORD BEFORE IT
GOES TO FULL COUNCIL FOR THE
FINAL VOTE?
>> THAT IS RIGHT IN THIS
DOCUMENT IS AN IMPORTANT
ATTACHMENT TO -- IT RIDES ALONG
WITH THE FUTURE FINAL
ASSESSMENT ROLE ORDINANCE THAT
IS MANIFESTED IN THAT WAY, TOO.
>> RIGHT SO THIS IS -- AND ON
THE LIST HERE, IN THE CLERK
FILES, THAT IS ALL LINKED AS
WELL TO TODAY'S HEARING,
CORRECT?
>> YES, THERE ARE NUMBER OF
FILES SHOWN IN THE FINAL
DECISION DOCUMENT.
THERE ARE NO -- ELECTRONICALLY..
THEY CORRESPOND WITH OUR DRAFT
FINDINGS. AND -- CONCLUSIONS OF
LOSS BUT HE IS IT IS THE FINAL
CONCLUSIONS AND DECISION SO
THEY DON'T GO TO A FULL COUNCIL
VOTE AND ALL OF MY COLLEAGUES
IN THE PUBLIC WILL HAVE ACCESS
TO THIS AND HAVE A LOOK AT IT
AND AS I SAID IF YOU PRINT ALL
THIS OUT IT WAS OVER 3000 PAGES
BUT SOME OF US HAD TO LOOK AT
THIS SO I WILL LEAVE IT AT THAT.
COLLEAGUES, PLEASE, THIS IS, IF
THERE IS ANYONE WHO HAS ANY
QUESTIONS, THIS WOULD BE THE
TIME TO ASK BEFORE I MOVE
FURTHER.
ERIC AND MYSELF, MAINLY ERIC,
YOU HAVE BEEN GREAT.
WE HAVE BEEN WORKING ON THIS
SINCE 2016 SO THANK YOU VERY
MUCH.
>> YOU'RE WELCOME.
THAT OPENS UP JUST A LITTLE
CHANCE FOR ME TO SAY THAT IT IS
VERY MUCH A TEAM EFFORT WITH
YOU AND IT HAS BEEN FANTASTIC.
YOU KNOW THAT ALREADY.
AND THIS -- BECAUSE THIS IS,
THAT BECAUSE OF THE PROCESS AND
WE NEED TO KEEP THE RECORD
STRAIGHT AND CLEAR AND
AVAILABLE.
SO THAT IS, I GOT IT IN.
THERE IS MY THING SO --
>> OKAY, GREAT.
OKAY SO HEARING AND SEEING NO
ONE IS RAISING THEIR HAND. I
DON'T SEE ANY HANDS UP
ELECTRONICALLY OR OTHERWISE,
OKAY.
HEARING NO FURTHER QUESTIONS, I
MOVE THE COMMITTEE RECOMMEND
APPROVAL OF THE FINDINGS
CONCLUSIONS AND DECISION OF THE
CITY COUNCIL IN THE MATTER OF
THE FINAL ASSESSMENT ROLE FOR
THE LI D 6751, THE WATERFRONT
LI D AND THE APPEALS FILE AND
COURT FILES AGAIN 321893 AND
321914.
IS THERE A SECOND?
>> SECOND.
>> WE HAVE A SECOND FOR THE
VICE CHAIR.
THE MOTION HAS BEEN MOVED AND
SECONDED TO RECOMMEND APPROVAL
OF THE FINDINGS, CONCLUSIONS
AND DECISION OF CITY COUNCIL IN
THE MATTER OF THE FINAL
ASSESSMENT ROLE FOR THE LI
D6751.
ARE THERE ANY MORE COMMENTS OR
FURTHER QUESTIONS?
OKAY.
SEEING NONE, AND IF THERE IS NO
FURTHER DISCUSSION WITH THE
CLERK, PLEASE CALL THE ROLL ON
THE RECOMMENDATION TO ADOPT THE
FINDINGS.
CLERK.
>> COUNCILMEMBER TORRES.
>> AYE.
>> COUNCIL MEMBER PEDERSON?
>> AYE.
COUNCILMEMBER HERBOLD.
>> AYE.
>> COUNCILMEMBER MOSQUEDA .
>> AYE.
>> COUNCILMEMBER SAWANT.
>>.
CHAIR JUAREZ, THAT IS FIVE
MEMBERS AND NONE OPPOSED.
>> THE FINDINGS, CONCLUSION AND
DECISION OF THE CITY COUNCIL
AND THE MATTER OF THE FINAL
ASSESSMENT ROLE FOR THE LID
6751 IN THE APPEALS FILED AND
THE COURT FILE WAS APPROVED AND
WILL BE SENT TO THE CITY
COUNCIL SO WITH THAT, SINCE IT
PASSED, WE WILL GO TO FULL
COUNCIL, NOT THIS MONDAY BUT WE
WILL KICK IT OUT A COUPLE MORE
MONDAYS AS WE DISCUSSED TO GET
SOME MORE TIME AND GIVE OUR
COLLEAGUES AN OPPORTUNITY TO
LOOK AT AND THE PUBLIC TO BE
ABLE TO CLICK AND AND LOOK AT
THE FILES, FINDINGS AND
CONCLUSIONS.
AND AGAIN, A BIG THANK YOU TO
EVERYBODY WHO HAS BEEN WORKING
ON THIS AND ERIC, I KNOW WE
HAVE BEEN HERE SINCE A LONG
TIME SO WE HAVE BEEN DOING
LONGER THIS THAN MY MARRIAGE SO
-- ANYWAY.
SO WITH THAT, I THINK WE ARE
GOING TO ADJOURN AND NOW I HAVE
A FIXED STATEMENT TO MAKE.
THE NEXT MEETING IS SCHEDULED
FOR TUESDAY, MAY 4th AND WITH
THAT, WE STAND ADJOURNED.
THANK YOU.
>> THANK YOU ALL VERY MUCH.
>> THANK YOU.