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M-092083437 • CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 20, 1983 • A meeting of the Santa Monica City Council was called to order at 7:32 P.M. by Mayor Edwards on Tuesday, September 20, 1983, having been continued from September 13, 1983. Councilmember Jennings led the assemblage in the pledge of allegiance to the United States of America. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting Assistant City Clerk Ginny Piccolo • 11-C: AFFORDABLE HOUSING PROGRAMS: Presented was a staff report transmitting a report entitled "Affordable Housing Programs for the City of Santa Monica," recommending approval of the document and directing staff to implement programs. Discussion was held. The following members of the public spoke with concerns about the workability and affordability of the program: Wayne Hall, Charles Clark and John Jurenka. Councilmember Epstein moved to direct staff to develop a proposal addressing voluntary conversion of rental units, tenant-ownership both limited and full equity without mandatory tenant displacement. Second by Councilmember Reed. Discussion was held. Councilmember Zane moved that Councilmember Epstein agendize the above subject at a later time and proposed a substitute motion to approve the documents as presented, directing staff to implement programs. Second by Mayor Edwards. The substitute motion was held invalid. Discussion was held. The original motion failed by the following vote: Council Vote: Affirmative: Councilmembers Epstein and Reed Negative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Discussion was held. Councilmember Zane moved to approve the document attached to the staff report and to direct the staff to prepare an implementation plan. Second by Mayor Edwards. Councilmember Jennings proposed a friendly amendment to include four criteria for staff to consider as follows: that the units in the building be in need of substantial rehabilitation; that at least 50$ September 20, 1983 • ass of the units be occupied by low or moderate income tenants; that the owner reside in the building; and that units occupied by or available to families be enhanced or increased. Councilmember Epstein requested that they vote on items separately. The maker and second of the motion agreed to Councilmembers Jennings' and Epstein's requests. The first part of the motion regarded approval of (1) Programs to i Rehabilitate Existing Stock: Neighborhood Rehabilitation Financing Program, as described in the document and included the four criteria proposed by Councilmember Jennings noted above. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Epstein requested that the record reflect that his yes vote is with the understanding that further study and elaboration i will be made. The second part of the motion regarded approval of (1) Programs to Rehabilitate Existing Stock: (B) Rehab Tax-Exempt Credit Agreement, as described in the document and included in this motion were the four criteria proposed by Councilmember Jennings noted above. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Press, Zane and Mayor Edwards Negative: Councilmember Reed Councilmember Reed requested that the record reflect that her vote was due to her belief that it does not allow for enough affordable units. It was established that Item 1-C, California Housing Finance Agency Rehabilitation Bond Issue, as described in the document, was voted upon in a previous meeting (September 13, 1983, Agenda Item 11-D). I The third part of the motion regarded approval of (2) Programs to Insure Long Term Access: (A) Non-profit Acquisition and Rehabilitation Program, as described in the document, and included in this motion were three criteria proposed by Councilmember Jennings as follows: 1) the need for substantial rehabilitation; 2) that 50$ of the unite be occupied by low or moderate income tenants; and 3) that ~ the units be occupied or available to families. The motion was approved by the following vote: I Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed 2 September 28, 1983 • • • 439 • The fourth part of the motion regarded approval of {2) Programs to Insure Long Term Access: (B) Refinancing for Existing Owners/ Acquisition and Rehabilitation, as described in the document and included were the four criteria proposed by Councilmember Jennings as noted in the first part of the motion. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 The fifth part of the motion regarded approval of (2) Programs to insure Long Term Access: (C) Rent Subsidy Program, as described in the document. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards • Negative: Councilmember Epstein The sixth part of the motion regarded approval of (3) Programs to produce more affordable housing: (A) Air-rights--rental, as described in the document. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein, Jennings and Reed The seventh part of the motion regarded approval of (3) Programs to produce more affordable housing: (B) Home Ownership. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein, Jennings and Reed • 11-F: BOARD AND COMMISSION PROCEDURES: Presented was a staff report recommending adoption of a resolution regarding reimbursement of commission-related expenses; direction to staff to prepare updated City Board and Commission procedures, roster, handbooks; and adoption of guidelines for Advisory and Landmarks Commission relating to meeting dates and expenses. Discussion was held. The following ' members of the Commission on the Status of Women spoke in objection to the staff recommendations: Mildred Rosenstein said a change to quarterly replacement would further slow the selection process; Mattie Gardner stated two meetings a month were necessary; Inese Lacy spoke in support of allocations for each commission and recommended postponing action until commissions had input; Barbara Jo Osborne spoke in opposition to the recommendation and requested others be 3 September 20, 1983 440 informed of the process. Member of the public Charles Clark spoke in favor of funding commissions for their expenses. Discussion was held. Councilmember Reed moved to adopt Resolution No. 6751(CCS) j entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROVIDING FOR REIMBURSEMENT OF EXPENSES OF MEMBERS OF BOARDS AND COMMISSIONS," reading by title only and waiving further reading thereof, amended to specify that travel reimbursement be for mileage outside the City of Santa Monica. Second by Mayor Edwards. Councilmember Epstein moved to amend the resolution to delete the last whereas regarding the Court Case Scaccionoce v. City. The motion failed for lack of a second. Councilmember Zane moved an amendment on page 3 of the resolution Section 1 so that "...pursuant to the forms and administrative procedures which this City shall j establish..." shall be interpreted to mean that no receipts are required to be submitted in these requests for reimbursement and that the person's signature indicates expenses to the best of their knowledge. Second by Councilmember Press. After discussion, Councilmember Zane withdrew the motion upon agreement that a line be • added on the reimbursement form to the effect that receipts are not necessary except for an expenditure of $25,00 or more for any single i item. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Reed and Mayor Edwards Negative: Councilmember Press and Zane Mayor Pro Tempore Press requested that the record reflect that her negative vote was because she has always been in favor of automatic reimbursement to commission members for their many hours contributed and that the amount paid to them is miniscule compared to the large sums paid to consultants for various issues. Mayor Pro Tempore Press moved that the balance o£ the staff recommendation be referred to the commissions for their input and returned to Council within 60 days. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Mayor Edwards requested that the staff arrange to have another annual meeting of the Commissions and Boards. 11-G: Considered later in the meeting. 11-H: PROFESSIONAL ASSOCIATION OF CIVILIANS IN LAW ENFORCEMENT (PACLE): Presented was a staff report recommending adoption of findings relating to the City Council's determination that Professional Association of Civilians in Law Enforcement (PACLE) is an inappropriate unit under Ordinance No. 801(CCS). Discussion was held. Member of the public Wayne Hall spoke in favor of permitting formation of PACLE. Charles Clark spoke to request that the United Transportation Union represent the individuals concerned. Councilmember Epstein moved to approve and adopt findings as recommended in the staff report. Second by Councilmember Conn. Discussion was held. The motion was approved by the following vote: September 20, 1983 • • 441 • Council Vote: Affirmative: Councilmembers Conn, Epstein, Reed, Zane and Mayor Edwards Negative: Councilmembers Jennings and Press • 11-I: PICO NEIGHBORHOOD HOUSING TRUST FUND PROGRAM: Presented was a staff report recommending approval of certain procedures for implementing the Pico Neighborhood Housing Trust Fund Program; direction to the City Attorney to draft the Regulatory Agreement; and authorization for the City Manager to execute an agreement with Pico Neighborhood Association upon approval. Member of the public CeCe Bradley, Chairperson for Pico Neighborhood Association, spoke in support of the staff recommendation. At 10:50 P.M., Mayor Edwards moved to extend the meeting past 11:00 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Discussion was held. Mayor Edwards moved to approve the staff recommendation thereby (1) approving the requirements and procedures for the Pico Neighborhood Housing Trust Fund Program transmitted with the staff report; (2) affirming the provisions to be contained in the Regulatory Agreement contained in the staff report and directing the City Attorney to draft the Agreement accordingly; (3) approving the Agreement, Contract No. 4018(CCS), between the City and the Pico Neighborhood Association, authorizing the City Manager to execute same. Included in the motion, with the consent of the maker and the second, was Councilmember Jennings requested amendment to add the following criteria: emphasize that this be for all family housing, that there be at least 50$ low and moderate income tenants, and that there be need for substantial rehabilitation in the properties. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed • ICOUncilmember Epstein requested that the record reflect that he cannot commit to this project until the Community Corporation Board Iof Directors is broadened. Councilmember Reed requested that the record reflect her agreement with Councilmember Epstein. Mayor Edwards moved to approve two budgetary actions: the transfer of $30,000 from the Pico Neighborhood Housing Trust Fund (PNHTF) (19-200-262-000-713) to a new account, PNHTF-Earnest Money, within ,the Community and Neighborhood services account code series, and following the approval of individual projects, funds will be !transferred from the Pico Neighborhood Housing Trust Fund ;(19-200-162-000-713) to a new account entitled PNHTF-Project 2, 3, etc., within the Community and Neighborhood Services account code series. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed September 20, 1983 4i2 11-K: Considered later in the meeting. 12-A: APPEAL - MI-T-MART 3102 MAIN STREET: Presented was a staff report transmitting an appeal from the Planning Commission action supporting conditions imposed by City Council in granting Interim Development Permit 083 for Mi-T-Mart, 3102 Main Street. SheYman L. Stacey, Attorney representing Michael Toumajian, Applicant, spoke in support of the permit as requested. The following members of the public spoke in opposition to the project because of liquor consumption in the area and lack of security control: Tony Haig, Fran Daly, Rose Schechtmen, Carl Osterholm and Dr. Raquel Kairoff. Ken Genser, representing the Planning Commission, spoke in support of the Planning Commission's action. Discussion was held. Councilmember Epstein moved to grant the appeal with the exception that the Mi-T-Mart be closed between 12:00 midnight and 6:00 A.M. and that a security guard be on the premises from 6:00 P.M. until midnight. Second by Councilmember Jennings. Councilmember Reed moved to amend the motion to have the Mi-T-Mart remain open until 2:00 A.M. The motion failed for lack of a second. The main motion was approved Tay the following vote: Council Vote: Affirmative: Councilmembers Epstein, Jennings, Reed and Zane Negative: Councilmembers Conn, Press and Mayor kdwards 11-G: COMMUNITY DEVELOPMENT BLOCK GRANT DISABLED BARRIER REMOVAL FUNDS: Presented was a staff report recommending approval of the concept of Multi-Year Barrier Removal Plan and approval of use of allocated 1983-84 Community Development Slock Grant Barrier Removal Funds for specific disabled accessibility projects. Councilmember Reed moved to approve the staff recommendation thereby approving the concept of the Multi-Year Barrier Removal Plan and use of allocated 1983-84 Community Development Block Grant Barrier Removal Funds of $110,000.00 for curb cut installation, City Hall and Civic Auditorium accessibility projects, installation of an accessible ramp to the Pier and construction of walkways for beach access. Councilmember Zane moved to request the staff to assess the cost and to remove two chairs in the front row of the Council Chamber to accommodate wheelchairs. Second by Mayor Pro Tempore Press. There being no objection this was included in the motion. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmember Epstein Councilmember Epstein requested that the record reflect that his negative vote was due to his not being convinced regarding the priorities of the barrier removals even though he supports the projects in principle. September 20, 1983 • • • • 443 E-~ (Councilmember Zane departed at 12:45 A.M.) 14-C: DEVELOPMENT AGREEMENT POLICY: Presented was a request of Councilmember Epstein to discuss the City's development agreement policy. Member of the public Chris Harding suggested modifying the system by adding a section in Ordinance 1251(CCS) defining a vested right as obtaining the development permit, which is equivalent to a development agreement. Discussion was held. Councilmember Epstein moved to request that the City Attorney prepare an ordinance which would impose a moratorium on development agreements until June 1, 1984, at which time the City would have a land use element and would continue to process applications received up to that effective date. Second by Councilmember Press. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Epstein, Jennings, and Reed Negative: Councilmembers Conn, Press, and Mayor Edwards Absent: Councilmember Zane • Councilmember Epstein moved to direct staff to accept development agreement applications in conformity with the existing ordinance while recognizing that their processing may involve some time delays. The motion failed for lack of second. Discussion was held. Councilmember Epstein moved that after preliminary review by staff, the staff could propose a finding that the matter is not of a compelling public interest, and that would then be reviewed by the Planning Commission and the Council. The motion failed for lack of second. Councilmember Edwards moved that staff be authorized to proceed with the existing ordinance and that the Council impose that each member be open-minded when development agreements come before the City Council. The motion failed for Lack of second. 14-D: PENDING SIGN ORDINANCE: Continued to September 27, 1983. 14-E: POLICE OFFICER IAN PAGE: Presented was the request of Mayor Edwards to adopt a resolution in support of effort of Police Officer Ian Page and family to remain in the United States. An informal resolution was discussed. Councilmember Epstein moved to request Mayor Edwards to communicate the concept of the resolution to appropriate federal agencies. Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Press. Reed and Mayor Edwards Abstain: Councilmember Jennings Absent: Councilmember Zane 7 September 20, 1983 !~ 444 11-K: CLOSED SESSION: At 1:14 A.M., Councilmember Reed moved to adjourn to Closed Session to discuss pending litigation and personnel matters. Second by Councilmember Conn. The motion was approved by unanimous vote. Council reconvened at 1:35 A.M. with the following members present: Mayor Edwards, Mayor Pro Tempore Press, ; Councilmembers Conn, Jennings and Reed. Councilmember Reed moved to approve for transmittal by the Mayor an employee agreement between the City and City Clerk Ann M. Shore, Contract No. 4019(CCS). Second by Councilmember Conn. The motion was approved by the following vote: ' Council Vote: .Affirmative: Councilmembers Conn, Jennings, Press, Reed and Mayor Edwards Absent: Councilmembers Epstein and Zane ADJOURNMENT: At 1:40 A.M., Councilmember Conn moved to adjourn the City Council meeting in memory of Joe Pinkel. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 i Absent: Councilmembers Epstein and Reed ATTEST: APP D: Ginnyfpiccolo Ken Edwards Acting Assistant City Clerk Mayor • • 18 I September 20, 1983