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M-9/7/1982 . . . . 435 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 7, 1982 The continued meeting of August 24, 1982 and August 31, called to order by Mayor Yannatta Goldway at 7:40 P.M. September 7, 1982. The Mayor led the assemblage in the allegiance to the Un1ted States of America. 1982 was on Tuesday, pledge of Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings (entered at 9:05 P.M.) C6uncilmember Dolores M. Press (entered at 8:20 P.M.) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting Assistant City Clerk Ginny Piccolo Councilmember Conn moved to add Items 14-C and 14-D to the agenda. Second by Mayor Yannatta Goldway. The motion was unanimously approved. Councilmember Conn moved to hear Item 8-B first. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Press 8-B: 2701 OCEAN PARK CORPORATION: Presented was an ordinance for reintroduction regarding 2701 Ocean Park Corporation for an officejresidential building (introduced May 18, 1982), and a recommendation for approval of a Negative Declaration pursuant to the California Environmental Quality Act. Discussion was opened by Mayor Yannatta Goldway. At 8:02 P.M., the public hearing was declared open, and the following persons spoke in regard to the matter: Ron Newman, Sharon Albistegui and Linda Carpenter. Councilmember Press entered at 8:20 P.M. There being no one else wishing to speak, at 9:05 P.M., Councilmember Conn moved that the public hearing be closed. Second by Councilmember Zane. The motion was unanimously approved. Discussion was held. Mayor Yannatta Goldway would like the record to reflect that, while this building is 4 feet higher than existing zoning, the set-back is 4 feet greater in the rear to accomodate the question as to shadow, 1 September 7, 1982 436 . and therefore the shadow is not that significant. Councilmember Conn moved to approve the Negative Declaration. Second by Mayor Pro Tempore Edwards. Discussion was held. The motlon was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards. Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings Councilmember Reed asked that the record reflect that her negative vote was due to the vnpact assessment statement referenced on page 17 and the traffic impact study, table 4. Councilmember Zane asked that the record reflect that his affirmative vote was due the assessment of the traffic impact of this building, in the light of the prospective development made by staff who took great pains to try to assure that it wil1 be reduced as much as is possible. Mayor Pro Tempore Edwards moved the reintroduction of an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN 2701 OCEAN PARK CORPORATION AND THE CITY OF SANTA MONICA," amended to include changes in language regardlng basic concept deslgn and day care center. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Vannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings 7-B: HOUSING ELEMENT: The public hearing and staff report having been concluded at the August 31, 1982 meeting, the housing element was reviewed by the Council and the following suggested changes and directives were made listed under headings used in the report: (Councilmember Jennings entered at 9:05 P.M.) I~TRODUCTION: . Councilmember Reed moved to add on page 2, second paragraph: the increase in the CPI during the same period of 116% (subject to staff verification of figure). Second by Councilmember Jennings. Discussion was held. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings and Reed Negative: Councilmembers Edwards, Press, Zane and Mayor Yannatta Goldway 2 September 7, 1982 . . . . . 437 Counci1member Zane moved to include in the overview, where references are made to loss of families and children, that reference also include senior citizen population. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Suggested by Councilmember Reed and by consensus it was agreed to add the word "some" to page 10 on the second line before the word lIlandlords.1t Suggested by Councilmember Reed and by consensus it was agreed to change, on page 18, last paragraph: use "projected" instead of "identified" on third line, and on page 19, first paragraph, second line: use "estimates" instead of "ldentified." Suggested by Councilmember Jennings and by consensus it was agreed to add at the top of page IS, first line, after the word "years": "to the extent possible consistant with good planning practice." Suggested by Councilmember Zane and by consensus it was agreed to delete the word "historic" on page 12, last paragraph, seventh line, and at other places used, delete if similar in intent. Suggested by Councilmember Zane and by consensus it was agreed to add on page 19, fourth paragraph, second line, after the word "for": "persons of all income and social groups within," and deleting on the same line the words "the majority of." Suggested by Councilmember Reed and by consensus it was agreed to have staff draft new language under Section II, both in (A) and before (E), elaborate on Rent Increases indicating protections currently provided to the tenants by the rent law; also in the section that refers to conversions, there were additional units that would have been converted had it not been for the passage of the rent control law at that time. Suggested by Councilmember Reed and by consensus it was agreed to have staff draft language to insert ln the section on loss of family and loss of children to lnclude statistics on the occupancy rate of the City which is 1.9 persons per unit, which is lower than 1970 and the Los Angeles county total which is 2.6 persons per unit. GOAL AND POLICIES: Suggested by Councilmember Reed and by consensus it was agreed to add the words on page 7, Item 6, second line after the word "of": "both rental and ownership." councilmember Zane moved to reinclude Item 2 on page 7 which reads: "Discourage the conversion of affordable housing units to other non-housing uses." Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: 3 September 7, 1982 438 . Council Vote: Unanimously approved 7-0 Councilmember Reed suggested and by consensus it was agreed to change the word "flnance" in the second line of Item 1, page 7 to read IIfinancing." Mayor Pro Tempore Edwards moved to use the Citizens Advisory Commlttee wording of the lead sentence on page 7 which reads: "Maintain and increase the supply of housing affordable to low and moderate income persons." Second by Councilmember Reed. The motion was unanimously approved. Suggested by Councilmember Zane and by consensus it was agreed to add on page 7, Item 7, first line, after the word: "rental": "and ownership. " Councilmember Conn moved to keep the language of CAC on page 8, Item 10, leaving off the italics, and reading: "Ensure the continued Municipal support of the Rent Control Charter Amendment." Second by Mayor Yannatta GOldway. The motion was approved by unanimous vote. . Suggested by Councilmember Zane and by consensus staff was directed to create a new language for Item 12 on page 8 to say that the housing which has been either maintained or assisted by the City for people of low and moderate incomes shal1 be maintained affordable for people of low and moderate incomes. Councilmember Zane moved to add Item 15 on page 8 that the City's policy regarding low and moderate income housing has priority access as far as is consistent with federal and state law on asisting residents or former residents that have been displaced by demolition, conversion or evictions owing to the moving in of relatives. Second by Councilmember Reed. The motlon was approved by unanimous vote. Suggested by Councilmember Jennings and by consensus it was agreed to add the words "density and" on page 13, Item 1, line I, after the word !luse.1I Suggested by Councilmember Reed and by consensus it was agreed to delete the word "appropriate" on page 14, Item 3, line 2, and again on page 83, Item 3, line 2. . Suggested by Councilmember Jennlngs and by consensus it was agreed to add the clause on page 15, Item 1, after line 1 and after the word "notice,": "and an appropriate opportunity to be heard,". Suggested by Councilmember Edwards and by consensus it was agreed to insert the word "maximum" on page 16, Item 1, after the word "Ensure." Also, staff was directed to draft language for an Item 4 on this page to state that citizen participation shal1 reflect all neighborhoods of the City with particular emphasis on neighbors reViewing matters of housing development in their own neighborhood. 4 September 7, 1982 . . . . . 439 5-YEAR HOUSING GOALS FOR NEW CONSTRUCTION AND REHABILITATION Councilmember Zane moved to accept the staff recommendation . enumerated on pages 18 through 22, adding the Additional Specific Quantifiable Maximum Objectives with language changes to correspond with those made in the Introduction regarding "historic" and "persons of all income and social groups." Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Go1dway Negative: Councl1members Jennings and Reed Councilmember Reed asked that the record reflect that her opposition is based on her ObJection to the use of the Regional Rousing Allocation Model numbers from Southern California Assoc~ation of Government. PROPOSED PROGRAMS: Suggested by Councilmember Reed and by consensus it was agreed to change the second sentence of the DESCRIPTION of Program 4, after the word "valid" to: "social, environmental or economic." Councilmember Conn moved to extend the meeting past 11:00 P.M. Second by Councilmember Zane. The motion was approved by a vote of 5-2, Councilmembers Jennings and Reed opposed. Mayor Pro Tempore Edwards moved to adopt the staff recommendation of Program 12 with the change in Part I, paragraph two, first sentence after the word "provided" add ".25 to." Second by Mayor Yannatta Goldway. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Jennings wanted the record to reflect that his reason for voting no was because he does not believe that an inclusionary zoning program accomplishes that goal nor places the burden for that goal on the right group of people. Councilmember Reed wanted the record to reflect that her reason for voting no was because of her lack of confldence in inclusionary zoning programs in that the Coastal Commissions program has acquired 4,685 units of which only 478, or 9%, actually exist, and feels that we will get more with incentives than a program that is coersive. Councilmember Zane wanted the record to reflect that his support for the inclusionary program is because he feels it is an important 5 September 7, 1982 440 . and workable way in which developers who take advantage of important benefits provided for them for the location of the land in the City of Santa Monica and the value attached to it, to the units built, and the profits possible are a derivative of public resources. Consequently, they have an obligation, therefore, to assist in the provision of important social goals in the City that reflect a burden reflecting the benefit that they derive. Mayor Yannatta Goldway wanted to indicate that a recent League of California Cities article showed that in California cities only 20% of the permits issued for all construction have been built so that the fact that 9% of the affordable units approved by the Coastal Commission have been built is not bad when you compare it to the overall rate of permits to construction. She also referenced a League of California Cities article on inclusionary housing policies in California cities which explain its fairness and demonstrates that such policies effectively produce housing. The Mayor also referred to reference material given to her by the City Manager on the success of inclusionary housing programs, indicating a proven track record in a number of cities in California. . Councilmember Jennings moveq to accept the introduction of 12A. Second by Councilmember Reed. The motion failed by a vote of 2-5. Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway opposed. Councilmember Reed suggested and by consensus it was agreed to add to Program 13 two items, g and h, on affirmative action and non-discrimination. Suggested by Councilmember Reed and by consensus it was agreed to reinsert Program 16 with a change in the first line: remove words "Provide for" and insert "Study the." Suggested by Mayor Yannatta Goldway and by consensus it was agreed to change the introductory sentence of Program 17 to read: "The City shall participate in State and Federal low and moderate income housing programs. Suggested by Councilmember Zane and by consensus it was agreed to make changes in Program 22 as fol10ws: change the title to "Attract pension fund investment." The Description: "The State of California public and private employers may make pension funds available for housing investment. The City shall work cooperatively with these pension funds and seek ways to attract the investment of these funds in the City of Santa Monica." suggested by Councilmember Reed and by consensus it was agreed to change Program 26, Description, first sentence, from the word "establish" to insert the word II support. II . Suggested by Councilmember Zane and by consensus it was agreed to change the language in Program 34 to change the Objective to "Expand the level of street lighting," and the Description shall include the sense that: "The City shall study residential street lighting issues with concern for public safety, etc." 6 September 7, 1982 . . . 441 Suggested by Councilmember Zane and by consensus it was agreed to change Program 38 as follows: In the opening line add the word "all" after the word "for," and in the Description paragraph, delete all italicized references. Mayor Yannatta Goldway moved to direct the City Attorney to study the problem of evictions based on family members moving in for possible consideration in the eviction protection ordinance. Second by Councilmember Conn. The motion was approved by the vote of 6-1, Councilmember Reed opposed. Councilmember Zane moved to have the City study the housing needs of homeless people (regardlng Program 43). Second by Councilmember Reed. Discussion was held. Councilmember Press moved a subst~tute motion to support the staff recommendation except to change all references to "transients" to the words "homeless people." Second by Mayor Pro Tempore Edwards. The mot10n was approved by a vote of 4-3, Councilmembers Jennings, Reed and Zane opposed. Councilmember Conn moved to approve the housing element including the technical report as amended and to authorize staff to make technical changes, and to refer the matter to the Planning Commission to seek their recommendation on these changes. Second by Mayor Pro Tempore Edwards. With the consent of the maker and the second, Mayor Yannatta Goldway added to the motion that staff write a letter of appreciation on behalf of the Council to the current and recently past members of the Planning Commission and the Citizens Advisory committee members for the work. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Councilmember Reed asked that the record reflect that she could not support this element with the inclusionary program, the homeless people program and the Regional Housing Allocation Model numbers as they now stand. 14-C: Continued to September 14, 1982. tit 14-D: Continued to September 14, 1982. . CLOSED SESSION: At 12:22 A.M., Councilmember Conn moved to recess to Closed Session for the purpose of considering pending litigation and personnel ~atters. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Council reconvened at 12:46 A.M. with the following members present. Councilmembers Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway. Mayor Yannatta Goldway announced that no action had been taken. 7 September 7, 1982 442 . ADJOURNMENT: At 12:46 P.~., Mayor Yannatta Goldway moved to adjourn the meeting in memory of Leonard Ross. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously ATTEST: 4/ /1 ,(;k~ f/;1:c.,;-L Ginnyt1?iccolo Acting Assistant Clty Clerk 8 approved 7-0 @: n:.tc. GO'~ May;'fa~ d . . September 7, 1982 .