ELECTIONS / MONTEREY PARK : Prop. S Would Replace Slow-Growth Initiative

Proposition S, which would replace a 1982 slow-growth initiative, would help avert legal challenges and control the pace of residential construction in the city, supporters say.

If approved by voters, the new measure would modify and extend Proposition K, which voters adopted eight years ago to limit the number of residential units built each year in the city.

Proposition K, which was challenged in court by developers, expires in 1992 but would be repealed in January, 1991, if Proposition S is passed. The new measure would be in effect for 10 years, from Jan. 1, 1991, to Dec. 31, 2000.

Irv Gilman, president of the Residents Assn. of Monterey Park, which pushed for the 1982 initiative, said Proposition S is needed to keep the slow-growth measure from being challenged again in court.

The ballot lists no opposing argument.

In 1984, the development firm Monterey Views sued the city, contending that Proposition K violated a state law requiring cities to expedite construction of affordable housing. The firm also charged that Proposition K--which restricted new construction to 100 units a year--was inconsistent with the city’s General Plan, which had allowed construction of 500 new units a year.

In 1989, Los Angeles Superior Court Judge Paul Turner ruled in favor of the city, saying the developers should have appealed to the city before they went to court. The developers have appealed.

Mark Jabin of Monterey Views said Proposition S would not affect his property because of its zoning. But Jabin said he opposes such measures in general because they do not address what he considers the real problem: commercial development.

Because of Monterey Views’ legal challenge, Gilman helped revise Proposition K in an attempt to protect it against future lawsuits.

Proposition S would be tied to the city’s General Plan, under which a total of 1,300 residential units may be constructed. Under Proposition K, the new units could be built at a rate of 100 units a year. Under Proposition S, the annual limits would change to an increasing percentage formula that would in effect limit construction to about 90 units a year, Gilman said.

“It gives the city room to breathe,” Gilman said.

Low- and moderate-income housing would be exempt from a building allotment system until the city meets its obligation to provide a fair share of affordable housing, as determined by the Southern California Assn. of Governments.

Also on the ballot are six candidates seeking three council seats. Mayor Pat Reichenberger and Councilman Barry Hatch are seeking reelection. Other candidates are Fred Balderrama , David Barron, Sam Kiang and Marie Purvis.