M-092083437
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 20, 1983
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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
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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
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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:
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Council Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Zane and Mayor Edwards
Negative: Councilmembers Epstein and Reed
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439
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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
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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
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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
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441
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Council Vote: Affirmative: Councilmembers Conn, Epstein,
Reed, Zane and Mayor Edwards
Negative: Councilmembers Jennings and Press
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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
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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
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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
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443
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(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
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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
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September 20, 1983
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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
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Absent: Councilmembers Epstein and Reed
ATTEST: APP D:
Ginnyfpiccolo Ken Edwards
Acting Assistant City Clerk Mayor
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September 20, 1983