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SR-9-A (83) -' ~>>{r/fro#~ 7'-tJ 9-A- DEe 3 \99' rsup1.rpt Santa Monica, California Council Meeting: December 3, 1991 To: Mayor and city council From: City staff Subject: Recommendation to Direct the City Attorney to Prepare an Ordinance Implementing Proposition R - Supplemental Staff Report INTRODUCTION In order to assist the Council, staff at the November 26, 1991 meeting listed a number of issues on which staff felt guidance would be helpful. The issues identified were those which had engendered the most comment from the public. For the convenience of the Council, staff is providing the same listing with a brief description of the staff position as to each. The detailed position of staff as to each of the issues and the basis for the staff position are set forth in the reports that have been provided to Council and the Planning Commission. ISSUES TO BE RESOLVED 1. Overall strateqy - Should the implementation strategy require compliance on a project by project basis or should it merely measure compliance on a citywide basis. The staff proposal takes a middle position, requiring project by project compliance only for moderate income units in developments of more than 3 units. 2. In-lieu Fees - Should payment of in-lieu fees be permitted or /!P4 I~ 9-4 , 'ilr~f" \\~ 'l, .l u_ .J lJ~~ should all the inclusionary housing be required to be produced onsite? The staff proposal permits in-lieu fees for low income units but requires most moderate income units onsite. 3. Amount of In-Lieu Fee - If an in-lieu fee option is chosen should it be enough to fully compensate the city for the cost of producing the new affordable housing? The staff proposal does not fully compensate the City for the cost of subsidy but assumes that additional subsidy funds from the state and federal government will continue to be available. 4. Impact on New Development - Whatever option is chosen, to what degree will it depress new residential multifamily development? staff has performed financial analyses of the various proposals and does not believe its proposal will prevent new residential multifamily development. 5. Inclusionary ownership units - Should the current policy of requiring all on site inclusionary units to be rentals be continued or should inclusionary ownership units be permitted? The staff proposal changes current policy and permits inclusionary ownership units. 6. Rent controlled units - Should the implementation plan require all inclusionary housing onsite if the new development results in the demolition of a low rent controlled unit? Should any type of existing housing be provided with the higher level of protection 3.11 IIDII "Dl" "E" 95.0% of step "E" 97.5% of step "E" 100.0% steps "AI," "BI, II "el," and "DI" shall be referred to as lIinterim steps. II Normal progression through the range shall be as provided in section 5.02, "Effect of Job Performance on Salary. II On an employee I s anniversary date, the Department Head may elect to grant an increase to an interim step, rather than to the next full step, if performance is rated Improvement Needed or Unacceptable. A Department Head may elect to grant an increase of one full step plus one interim step on the employee's anniversary date if performance is rated above average or better. In no event may such increases exceed the E-step of the salary range for the employee's classification. sick Leave Buy Back Employees who are eligible for participation in the payoff option as described below who previously elected to accumulate unlimited sick leave have had the option of electing the payoff option. Future hires shall make their selection at the time they first become eligible to elect payoff. Once an employee makes his/her decision to accumulate unlimited sick leave or to participate in the payoff program and limit accumulation to one-hundred- thirty (130) days, the decision is irrevocable. Employees covered herein have two (2) optional sick leave programs to choose from. Because the choice is one-time and irrevocable, employees should carefully consider their long and short term needs in arriving at a choice. The two (2) programs are as follows: A. Program I - The employee has the annual option paid for certain unused sick leave on the noted below or to "bank" unused sick leave maximum accumulation of one-hundred-thirty days. to be terms to a ( 13 0) Payment at the employee I s base rate for the fiscal year during which the sick leave was earned but not used shall be made only to employees on the payroll as of June 30 of that fiscal year. To qualify for payment an employee must have a sick leave "bankll of twelve (12) days. For the purposes of this section, IIbank" shall mean sick leave earned in prior years and reported in the "sick Leave Balance Brought Forward from Prior Contract Year" column of the "Vacation, Sick Leave and Compensatory Time" report issued by the Finance Department at the beginning of the fiscal year during which payable sick leave is earned. - 20 - . . 9. Tenant Selection - Should the tenant selection process be centralized and controlled by the City or decentralized and controlled by the individual developers? The staff proposal requires that the City control the waiting list but that individual owners continue to have the right to choose the individual tenant referred by the City. 10. Compliance Measurement - How, and when, will compliance with Proposition R be measured? \Vbat will be the result of a failure of the City to comply? While the ultimate decision as to the effect of noncompliance with Proposition R is a legal one, staff recommends that the Council retain the maximum amount of fleXlbility in fashioning its response to any development shortfall. RECOMMENDATION It is recommended that the City Council direct the city Attorney to draft an ordinance implementing the Proposition R implementation strategy contained in the Summary Report. Prepared by: Peggy Curran, Director Chuck Elsesser, Housing Program Manager Denise Altay, Senior Development Analyst community Development Department