M-2/14/1978
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CITY OF SANTA MONICA
CITY COUNCIL PROCEEDINGS
February 14, 1978
A regular meeting of the Santa Monica City Counc~l was called to order at
7:41 P.M. by Mayor Donna O'Brien Swink who led the assemblage in the
pledge of allegiance to the United States of America. Mayor Swink then
introduced Reverend Milton Weishaar, First Methodist Church, who offered
the invocatlon.
Roll Call: Present: Mayor Donna O'Brien Swink
Mayor Pro Tempore Seymour Cohen
Councilmember John J. Bambrick
Councilmember Christine Reed
Councllmember Perry Scott
Councllmember Nathaniel Trives
Councilmember P~eter van den Steenhoven
(departed at 12:23 A.M.)
City Manager James D. Will~ams
Asslstant Clty Attorney Samuel Streichman
Clty Clerk Joyce Snlder
Agenda Item 5-A: Presented at this time was the request of Councilmember
van den Steenhoven for a presentation by Pollution Control Research
Instltute, sponsors of the Hydrogen Passenger Bus, as a means of energy
conservation and pollution reduct~on which had been continued from the
Clty Council mpetlng of January 10, 1978. Clty Clerk Snider noted that
a mOVle had been shown on the subject ln the Council Chambers at 7:00 P.M.
J. Alex Cota, and Dr. Robert Swelg reviewed the pr~ce of oil, depletlon
of natural resources, smog from pollutants, the ocean as a source of
hydrogen fuel, and urged the use of hydrogen fuel for municipal buses.
Councilmember van den Steenhoven requested that staff investigate the
possibil~ties of the use of hydrogen fuel in buses ~n the City of Santa
Nonica.
299
Staff directed to
investlgate the
possibilitles for
use of hydrogen fuel
for mmiClpal buses
Agenda Item 5-B: Presented at th~s time ,.,.as the request of Councilmember DiSCUSSlon regarding
Scott for dlScussion regardlng committees for administrat~ve funct~ons committees for
which had been continued from the City Councll meetings of January 10, administrative
1978 and January 24, 1978. Councllmember Scott moved to contlnue the functlons, cont~nued
matter to the meeting of February 28, 1978. Second by Councilmember Trives. to February 28, 1978
Councll Vote: Unanimously approved 7-0
Agenda Item 5-C: Presented at this tlme was a staff report regarding
placement of a measure on the ballot under Article 34, Sectlon I of the
Callfornia Constitution pertaining to low lncorne housing, which had been
contlnued from the Counc~l meeting of January 24, 1978. Assistant Clty
Attorney Stre~chman said that before the City undertakes development of
houslng for low ~ncome lndividuals it is necessary to meet the provisions
of Artlcle 34, which prov~des that prior to such undertaking an election
be held to obta~n the approval of the voters of the community; and that
the staff report proposes appropriate ballot language. DiscuSSlon ensued
regardlng the need for rental units to house low income seniors, the
number of unlts that would fulfill the community need, and the lack of
success in some publicly owned housing. Councilmember Reed moved that
the C~ty Councll express ltS lntention to place a referendlml ' on the ballot
in November 1978 with regard to Artlcle 34, Section I of the Californla
Constitutlon, related to housing and that staff be directed to return
within a month w~th specific proposals or recommendations regardlng
speclflc authoTlzation language havlng to do wlth the quantity or types
of units to be ~ndlcated to the voters. Second by Councllmember van den
Steenhoven. After discussion as to the cost savings if this subject is
placed on the June ballot with other issues, Councllmember Reed restated
her motion to place a referendum on the ballot in' June, 1978, to develop,
construct or acquire an addit~onal 250 dwelling units, which includes the
Clty buy~ng the land and turning it over to a prlvate developer. Upon
further discussion as to the deslrability of further study regarding the
Staff to present
appropriate
documentatlon on
February 28, 1978
to place low ~ncome
housing on Jtme 6,
1978 ballot
300
Recommendation for
implerrentation of
of the Santa ~bnlca
Central Area Clrcula-
tion Feasibl1ity
Analysis referred to
Planning Commission
and Transportation
Committee of the
O1amber of Corrmerce
Ordinance introdoced
amending Code regard-
ing Landmark and
Historlcal Distrlct
deslgnation procedures
need factor, Councl1member Reed rephrased her motlon to indicate the
Council's lntention to place Artlcle 34, Section 1 of the California
Constitutlon, as a referendum on the June 6, 1978 ballot, to request that
staff return with a report at the Council meeting of February 28, 1978,
as to the low income houslng need factor; and to dlrect staff to prepare
the appropriate resolutions to coordinate this election with the County
of Los Angeles. Second by Councilmember van den Steenhoven. The Council
further dlscussed the need for low lncome housing, especially for senior
cltlzens, as a solution to the rent control problem. Councllmember Reed's
motlon was approved by the following vote:
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Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Reed,
Trives, van den Steenhoven, SWlnk
Negative:
Councilmember Scott
Councilmember Bambrick moved to bring Agenda Item Il-D forward for
discusslon at this time to accommodate the television media. After a
brlef discussion Mayor Swink ruled to proceed with the agenda as written.
Agenda Item 5-D: Presented at this time was a recommendatlon for lmple-
mentation of the Santa Monlca Central Area Clrculation Feasibility Analy-
SlS which had been continued from the Councll meeting of January 24, 1978.
City Manager Wllliams said the staff recommends that the report be
referred to the Planning Commisslon and the Transportation Commlttee of
the Chamber for review and comment. Councilmember van den Steenhoven
moved to refer the Central Area Circulation Feasibllitv Analysis to the
Planning CommiSSlon and the Transportation Commlttee of the Chamber of
Commerce for reyiew and comment to the City Councll. Second by Council-
member Trlves.
Council Vote: Unanlmously approved 7-0
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Agenda Item 5-E: Presented at this time was an ordinance for introductlon
amending the Municipal Code regarding Landmark and Historical Dlstrict
deslgnation procedures which had been tabled at the meeting held January
24, 1978. Councilmember van den Steenhoven moved to untable the ordmance.
Second by Councilmember Reed.
Council Vote: Unanimously approved 7-0
Clty Manager Williams said the modlfled ordinance extends the perlod for
staff review, committee action from 30 to 45 days and the period after
WhlCh a property or building can be reconsidered by the commission from
one to ten years.
The public hearlng was opened at 8:20 P.M. by order of Mayor SWlnk. There
being no one present to speak either for or against the ordlnance, Mayor
SWlnk ordered the public hearing closed at 8:21 P.M. Councilmember Cohen
moved to introduce an ordlnance entltled: "AN ORDINANCE OF THE CITY
COUXCIL OF THE CITY OF SANTA MONICA AMENDING SECTIOXS 9608B, 9608C, 9608N,
9601C A\!D 9610-0 OF THE SA:o.fTA ~lONIC, MUNICIPAL CODE REGARDING LJ\1'lDMARK
A.'lD HISTORIC DISTRICT DESIGNATION PROCEDURES", reading by title only and
wal vlng further reading thereof. Second by Councllmember van den Steenhoven.
Councilmember Reed moved to amend the time period for reconslderation to .
reduce it from ten years to five years. Second by Councilmember van den
Steenhoven. The amendment ~,as approved by the follO\,ing vote:
Council Vote: Affirmatlve: Councllmembers Bambrlck, Reed, Trives,
van den Steenhoven
Negative:
Councilmembers Cohen, Scott, SWlnk
The main motion, as amended, was approved by the followlng vote:
Council Vote: Affirmatlve: Councllmembers Bambrick, Reed, Scott,
Trives, van den Steenhoven
Negative:
Councilmembers Cohen, Swink
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Consent Calendar:
The Consent Calendar was presented by the City Clerk after which Counc~l-
member Tr~ves moved to approve the Consent Calendar, w~th the cxccpt~on
of Agenda Item 6-D, adopt~ng the resolutions therein, read~ng by title
only and wa~ving further read~ng thereof. Second by Counc~lmember Reed.
Counc~l Vote: Unanimously approved 7-0
Agenda Item 6-A: The minutes of the C~ty Council meet~ng held January 24,
1978 were approved as mailed.
Agenda Item 6-B: Request for reimbursement of the departmental revolving
cash funds: Police - $116.09; Recreation and Parks - $100.00; Adminlstra-
t~ve Serv~ces - $76.78; Transportation Department - $68.70; City Yards -
$29.77; Airport $57.25, was approved.
Agenda Item 6-C: Resolution No. 4972(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA AUTHORIZING APPLICATION
FOR GRANTS FROM THE CALIFORNIA COASTAL COM~ISSION TO FUND PHASE 2, THE
LAND USE PLAN, OF THE CITY'S LOCAL COASTAL PROG~~I ACCORDING TO THE TOTAL
WORK PROGRA~I", '<ias adopted.
Agenda Item 6-D: Presented at this t~me was a resolution implementing
rev~sed salary levels for EDP Operatlons Supervisor and EDP Systems and
Programmlng Supervisor. Councllmember Scott moved to reJect the resolu-
tion implement~ng revised salary levels for EDP Operations Superv~sor
and EDP Systems and Programming Superv~sor. The motion failed for lack
of a second. Councilmember Reed moved to adopt Resolution No. 4973(CCS)
enti tied: "A RESOLUTI ON OF THE CITY COUNCIL OF TIlE CITY OF SANTA ~IONI CA
MIENDD1G RESOLUTION NO. 4646 WHICH RESOLUTION ESTABLISHES WAGES, HOURS,
A~D OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR VARIOUS CLASSES OF
POSITIONS", readlng by title only and walving further reading thereof.
Second by Councllmember van den Steenhoven.
Council Vote: Afflrmative: Councllmembers Bambrlck, Cohen, Reed,
Trlves, van den Steenhoven, SWlnk
~egative:
Councilmember Scott
Agenda Item 6-E: Resolution No. 4974(CCS) entitled' "A RESOLUTIm, OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION ~O.
4646 WHICH RESOLUTION ESTABLISHES WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR VARIOUS CLASSES OF POSITIONS", was adopted.
Agenda Item 6-F: Resolution :\0. 4975(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, AUTHORIZING
mE FILING OF AN APPLICATION ON BEHALF OF THE SANTA MONICA POLICE DEPART-
MENT",was adopted.
Agenda Item 6-G. Resolution Ko. 4976(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAKTA ~IONICA ACCEPTING AND APPROVD1G
SUBDIVISION MAP OF TRACT NO. 34233", was adopted.
Agenda Item 6-H: Resolution No. 4977(CCS) entitled: "A RESOLUTIO?< OF
THE CITY COUNCIL OF THE CITY OF SA?<TA MONICA ACCEPTING AND APPROVIKG
SUBDIVISION ~lAP OF T~.\CT NO. 34113", was adopted.
Agenda Item 6-1: The settlement of Case No. WEC 49222, entltled
Stephen D. Hooper vs. Clty of Santa Monica was approved as recommended
by staff ~n the amount of $5,000, payable to Stephen D. Hooper and
Rlchard H. Berger, hlS attorney of record.
301
Resolution 4972
authorizing applica-
tion for flID.d use
of a local Coastal
Program
Resolutlon 4973
implementing
revised salary
levels for EDP
Operations Supemsor
and EDP Systems and
Progrannning Supemso,
Resolution 4974
establishing
revised salarles for
lurport Guard
Resolution 4975
South Bay Regional
Burglary Team
Resolution 4976
final tract map
34233
Resolution 4977
final tract map
34113
Claim Stephen D.
Hooper
Claim Clarice Larsen
Agenda Item 6-J: The settlement of Case No. WEC 50485, entitled Clarice
Larsen vs. City of Santa Monica was approved as recommended by staff in
the amount of $19,000, payable to Clarice Larsen and to Rhodes, Barnard,
Maloney & Muller, Attorneys at Law.
Agenda Item 6-K: The settlement of Case No. WEC 41053, entltled Sam ClalID Sam Gallinger
Gallinger dba Howard Furniture Company, vs. City of Santa ~lonica, et al., dha HOl<iard Furniture
was approved as recommended by staff ln the amount of $9,000, payable Company
302
Cl. ty ~1anager to
f~le application
W~ th SC<\G
Contract 2470
Energy Management
Consul tants
to Sam Gall~nger and Eric Epste~n, his attorney of record.
Agenda Item 6-L: City Manager author~zed to file appl~cat~on with
Southern California Assoclatlon of Governments (SCAG) for funds under
the Californla Transportat~on Development Act.
Agenda Item 6-M: Contract No. 2470(CCS) was awarded to Energy Management
Consultants to complete solar energy englneering analysis to heat Lincoln
and Municlpal Swimming Pools.
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Subleasing of portlOn Agenda Item 6-N: The subleasing of a port~on of Santa Monica Alr Center
of jUIport from Jim Barker to A. H. Forman, M.D. for fllght school, sales/service,
charter and rental operation at Santa Monica Airport was approved.
Bonds of City Agenda Item 6-0: The recommendation to the Clty Attorney to draft amend-
ofbcers and employee men ts to the Santa Monica ~lunlc~pal Code regarding official bonds of City
offlcers and employees was approved.
Contract 2471
Sully-Mlller
Contracting Co.
Contract 2472
water well pumping
equipment
Job specificatlons
l'hdernng of Clover-
field Boulevard
referred to staff
for further analysls
and report to
COlUlc~l
Onhnance for intro-
duced regarding
the definition of
family and uses
peTffiltted in R-l
Districts
Agenda Item 6-P: Contract No. 2471(CCS) was awarded to Sully-Miller
Contract~ng Co. for site improvements at City Yards Flre Department
Training Complex in the amount of $60,747.
Agenda Item 6-Q: Contract No. 2472(CCS) (Bld No. 1333) for water well
pumping equipment at Well No. 2 at City Yards was awarded to Peabody
Floway, Inc., by lssuance of P. O. No. 35361 in the amount of $9,522.50.
Agenda Item 6-R: The recommendation of the Personnel Board on January
25, 1978 to ratify certain job classification speclflcatlons was approved.
This ended the Consent Calendar.
Agenda Item 7-A: Presented at this tlme was a public hearing on the
wldening of Cloverfield Boulevard between Broadway and Santa Monlca
Boulevard and the adoptlon of a Resolution of Necessity authorizing
related condemnation actlons. By order of ~layor S\1Tlnk, the proof of
malllng of the Notlce of Intent was filed. City Manager Williams sald
widenlng of this section will complete the widening of Cloverfield and
provides for lmproved right turn bays at the corner of Cleverfield and
Santa Monlca Boulevard. The public hearlng was opened at 8:25 P.M. by
order of Mayor Swink and the following persons spoke: Andrew Oldfleld
requested to be allowed to buy adJoining City property to combine with
his parcel. Laurence K. Garvin, an attorney representing Dr. Gilmore,
recommended further study of the widening proJect, Earl Goldstein, Ira
Threfall, and John Gilmore objected to the widening as proposed. There
belng no other requests to speak to the subJect, the public hearing was
closed at 8:48 P.M. by order of Mayor Swink. General Services Director
Scholl outllned the increased trafflc capacity which would result from
widenlng of the street and provislon of turning lanes. DlScusslon
ensued regarding the possibility of increased congestion at other points
resulting from the proposed widening and the deslrability of acquiring
additional land for street widening. Councilmember Trives moved to
refer the matter back to the admlnistratlon for further negotiation,
analysls and report back to Councll. Second by Councilmember van den
Steenhoven.
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Councll Vote' Unanimously approved 7-0
.
Councilmember van den Steenhoven asked that the Clty Clerk enter into
the record that In his oplnlon the best solution is no solution.
Agenda Item 8-A; Presented at thls tlme was an ordinance for introduc-
tion regarding the definitlon of a famlly and uses permitted in R-l
Dlstricts. Assistant Clty Attorney Strelchman said that the proposed
ordinance has been amended pursuant to the Councll direction given to
the City Attorney on January 10, 1978 and is now submitted for publlc
hearlng and introduction.
The public hearing was opened at 9:05 P.:'>!. by order of ~layor Swink.
Councllmember Reed moved to limit speakers to three minutes each. Second
by Mayor Pro Tempore Cohen.
Council Vote' Unanimously approved 7-0
.
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The follOlving persons spoke in favor of the proposed ordinance: Madeleme
Kornfein, Dan Sull1van, Jon Melvin, ~lke Egger, Keith Kurtz, Frank Taylor,
Alison D. S. L. Arnold, Winthrop Grove, Stephen ~cConnell and Dora .~hford,
The following persons spoke aga1nst the proposed ordinance: John W. Brn;er,
;.:rs. Esther Lihn, Ronald A. Fm;l, Jon Haresca, P. van den Steenhoven,
Alex Miller, Lesl1e Dutton, John Edmund Haresca, M. C. Alminas, Bob
Lons1nger, Nancy Long, W111iam A. Walker, John F1tton, Carole Currey and
Karl Schober.
There being no other requests to speak either for or aga1nst the ordinance,
the public hear1ng was closed at 10:02 P.M. by order of Mayor SW1nk.
Counc1lmember Scott moved that the definition of family contained 1n the
proposed ord1nance be amended to read as follows: "I'am1Iy as one person
living alone or two or more persons related to one another by blood,
marr1age, or legal adoption or not more than two persons not related by
blood, marriage or legal adoption and the children of either or both such
unrelated persons living and cook1ng together as a single housekeeping
unit in a dwell1ng unit with each of such persons hav1ng access to and
use of all normal llving facilities of such dwell1ng unit such as bath-
rooms, 11 ving room, din1ng room, and k1 tchen." Second by ~layor Pro
Tempore Cohen. Plann1ng Director Lunsford replied to a question from
the Council that staff has received approx1mately ten complaints about
boarding houses in R-l d1stricts over the last two year period. Council
d1Scuss1on ensued regarding the existing ordinance and the problem of
enforcing an ordinance proh1blting unrelated persons Ilvlng 1n a single
dwelling un1t, the responsibility of the citizenry in regard to such
enforcement, and the posslbility of proliferation of "boarding house
types" ln R-l neighborhoods under the proposed ordinance. Councilmember
Scott's motion to amend the proposed ordlnance failed on the following
vote:
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Council Vote: Aff1rmative: Councilmembers Cohen, Scott
Negative:
Councilmembers Bambrlck, Reed, Trives,
van den Steenhoven, Swink
Councllmember Reed moved to lntroduce an ordinance entltled: "A~
ORDIXA~CE OF THD CITY CDUNCIL OF THE CITY OF SANTA MONICA AMENDING
CE:tTAIN SECTIONS OF TIlE PLAN:-lING AND 20NING CODE, ARTICLE IX, OF THE
SANTA ~IONICA MillIICIPAL CODE, PERTAINING TO USES IN THE R-l ZONE",
reading by title only and wa1vlng further readlng thereof. Second by
Councilmember van den Steenhoven. ~ayor Pro Tempore C~hen moved an
amendment to allow four unrelated persons to live as a family in a single
dwelllng unit. Second by Councilmember Bambr1ck. Assistant Clty Attorney
Streichman clarlfied that the foster home provision rema1ns at 4, 5, and
6 persons. During discussion, Planning Director Lunsford said that the
ordinance has allowed 6 unrelated persons ln a single family dwelllng
Slnce 1968. The amendment was approved by the followlng vote'
Council Vote: Affirmative: Counc1lmembers Bambrick, Cohen, Scott,
Swink
I\egative:
Counc1lmembers Reed, Trives, van den
Steenhoven
.
The motion to introduce the ordinance, as amended, was approved by the
follow1ng vote:
Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Scott,
S\V'ink
Negat1ve:
Councilmembers Reed, Trives, van den
Steenhoven
A recess was taken at 10:27 P.M.
w1th all members present.
The Councll reconvened at 10:40 P.M.
Agenda Item 8-B: Presented at this t1me was an ordinance for introduct1on
prohiblt1Ilg use of skateboards in public park1ng structures. C1 ty ~Ianager
Williams outl1ned the staff recommendation to enact the ord1nance to
prevent injuries to young people uS1ng skateboards ln publ1C parking
.
303
Ordinance for intro-
duct10n prohibitlllg
use of skateboards
in public parking
structures
304
Ordinance for intro-
ductlon creatlllg the
Department of Enter-
tainment Facillties
Orchnance for intro-
duction establishlng
veterans preference
in employment examina-
tiOns
structures. The publiC hearing was opened at 10:41 P.M. by order of
Mayor SWink. There being no one present to speak either for or against
the ordinance, Mayor SWink ordered the public hearing closed at 10:41 P.~.
Councilmember Reed moved to introduce an ordinance entitled: "A~ ORDl~CE
OF THE CITY COUKCIL OF THE CITY OF Sfu~TA MONICA ADDIXG SECTION 3352B TO,
AXD A,lENDING SECTION 3352A OF, THE SANTA )[lNICA MUNICIPAL CODE, PERTAINING ro
SKATEBOARDS IN PUBLIC PARKING STRUCTURES", readlllg by title only and .
\1ai ving further reading thereof. Second by Councilmember van den Steenhoven.
Council Vote: Unanimously approved 7-0
Agenda Item 8-C: Presented at thlS time was an ordinance for introduction
creating the Department of Entertainment Facilities and authorizing con-
solidation of the Auditorium and Pier operations therein. City ~anager
Williams reported that the ordinance would transfer the responsibility
for pier operations to the Auditorium Director. The publiC hearing was
opened at 10:43 P.M. by order of Mayor Swink. There being no one present
to speak either for or against the ordinance, Mayor Swink ordered the
publiC hearing closed at 10:44 P.M. Councilmember van den Steenhoven
moved to introduce an ordinance entitled: "A'J ORDl:'lA'JCE OF THE CITY
~IL OF THE CITY OF SANTA MONICA CREATING A DEPART~ENT OF ENTERTAIN-
MENT FACILITIES", reading by title only and walving further reading
thereof. Second by Councilmember Trives.
Council Vote: Unanimously approved 7-0
Agenda Item 8-D: Presented at thlS time was an ordinance for introduc-
tion establishing veterans preference in employment examinations.
Assistant City Attorney Streichman reported that the proposed ordinance
was prepared at the Council's request to add a provision to the Municipal
Code to establish a veterans preferential credit of ten percent for
disabled veterans and five percent for non-disabled veterans who have
been honorably discharged or released from the armed forces within ten
years of the time of the examinatlon, which credit would be applicable
to all entry level and promotional examinations where one of the conSid-
erations is goals, quotas or compliance with affirmative action programs.
He said the ordinance defines a veteran as one who has served in the
armed forces of the United States whether or not during time of hostility.
Among alternative solutions, Mr. Streichman said, are adoptlon and sub-
mission of the ordinance to the electorate for ratification or repeal or
adoption of the ordinance without submisslon to the voters. He noted
that pursuant to the State Elections Code a section is included in the
proposed ordinance which provides that if the ordinance lS approved or
ratlfled by the voters, it may be amended or repealed by the City Council
in the future without resubmission to the voters.
.
The public hearlng was opened at 10:46 P.M. by order of Mayor SWink. The
following persons spoke in favor of veterans preference in City employ-
ment examinations: Sylvia K. Silberman, Warren Harrison, Carl J. Johnson,
Alison D. S. L. Arnold, Florence Land, Richard Guerrero, Bill Strickland,
Carey Peck, Phyllis Meyer, Paul Borack and Barney Rosen. The following
persons spoke against veterans preference in employment examinatlons:
Diane Dixon and Helen Myerson.
During discussion, the 11:00 P.M. hour was recognized. Councilmember
van den Steenhoven moved to continue the meeting past 11:00 P.M. Second
by Mayor Pro Tempore Cohen.
.
Councll Vote: Unanimously approved 7-0
There being no other persons present desiring to address the CounCil the
publiC hearing was closed at 11:18 P.~.
Councllmember Scott moved to amend the proposed ordinance in regard to
the ten year period and to exclude service retirement, Section
2l03E to read: ". ..dlsabled veterans who have attained a passing grade
in such an examination, and who have been honorably discharged or re-
leased from the armed serVices by other than serVice retirement shall be
given an additional preference credit of ten percent on such examination,
or in the case of honorably discharged or released non-disabled veterans
.
.
.
.
.
participatIng In such examinatIons, an additional preference credit of
five percent shall be given only durIng the period within ten years
after the effective date of the adoption of this ordinance. For the
purposes of this section, the term 'veteran' means any citizen of the
UnIted States who has served on actIve duty In the armed ferces of the
UnIted States durIng a perIod of armed conflIct wIth a foreIgn power,"
Second by Councilmember Reed. Council discussIon ensued in regard to
extendIng the preference to peacetime voluntary veterans as well; the
option of changing legIslatIon In the event of returning to a draft
system; and whether the ten year period should relate to the date of the
examInatIon, date of enactment of the ordinance, or date of discharge
from the serVIce and whether It should include Vietnam and Korean
veterans. At the request of the Council, and with the consent of the
second, C~uncllmember Scott divided the motion into two parts and moved
to amend the proposed ordinance by lImItIng its application to honorably
discharged or personnel released from the armed service by other than
serVIce retirement.
Council Vote: Unanimously approved 7-0
Councllmember Scott moved that the ordInance applIcation be for the
period within ten years after the effective date of ItS adoption. Second
by Councilmember Reed. After discussion the motIon failed by the follow-
Ing vote:
CounCIl Vote: Affirmative: Councllmembers Reed, Scott
NegatIve:
Councilmembers BambrIck, Cohen, TrIves,
van den Steenhoven, Swink
Councilmember van den Steenhoven moved to amend the ordinance to provide
that the veteran gets credit for a perIod of ten years from the date Df
dIscharge regardless of the date of that discharge, whether a peacetime
Dr wartime veteran. Second by Councilmember Trlves. It was agreed tD
include in the mDtion the following wording suggested by Assistant City
Attorney Streichman: ",..credit of five percent shall be given provided
that such veteran applies for an examination within ten years following
his or her discharge."
Counci lmember Bambrick requested the Inclusion of the word "examination,"
the phrase "and -in tne case of veterans discharged before the enactment
of this ordinance, ten years from the date of passage of this ordinance"
which provision would include Korean veterans and others through 1988,
but that after 1988 those discharged will have only 10 years to take
advantage of the preference. Second by Mayor Pro Te~pore Cohen. Council.
member van den Steenhoven's motion was then approved by the following
vote:
Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Scott,
van den Steenhoven, Swink
;i[egative:
Councilmembers Reed, Trives
Councilmember Trives moved that the ordInance, as amended, be placed
before the people on the June 1978 ballot, but subsequently WIthdrew his
motIon to allew further diSCUSSIon. Councllmember Reed moved to amend
the proposed ordinance by deletion of the Nards "and in the case of all
examinations for promotional positions where one of the conSIderations
is goals, quotas or complIance ,,'ith affirmatIve actIon programs." Second
by Councilmember TrIves.
DiSCUSSIon ensued regarding the CiVIl Service hiring process and the
Ci ty' s affl rmati \'e action goals, after "hich Councilmember Reed's motIon
to delete from the ordInance the reference to affirmatIve action programs
was approved by the following vote:
Council Vote: AffIrmative: Councilmembers Bambrick, Reed, Trives,
SHink
NegatIve:
Councilmembers Cohen, Scott,
van den Steenhoven
305
306
Ordinance 1077
establ~sh~ng a 90
day nvratoHun on
development of
conversion of coopera-
tive apartments
C~uncilmember Scott moved to ~ntroduce the amended ordinance, read~ng by
title only and wa~v~ng further reading thereof. Second by ~ayor Pro
Tempore Cohen. Upon request, Counc~lmember Scott deferred the motion,
with the consent of the second. Councilmember Tr~ves moved that the
subject of veterans preference in employment exam~nat~ons be placed on
the ballot for June 6, 1978. Second by Counc~lmember van den Steenhoven.
Council Vote: Aff~rmative: Councilmembers Bambrick, Reed, Trives,
van den Steenhoven, Sw~nk
.
Negat~ve:
Councilmembers Cohen, Scott
Counc~lmember Cohen moved to amend the proposed ordinance by delet~on of
the section wh~ch reads: "In recogn~tion of Section 4013 of the Elections
Code of the State of California, it ~s here~n expressly prov~ded that
this ord~nance may be repealed or amended w~thout a vote of the people,
by the City Council of the City of Santa Mon~ca." Second by Counc~l-
member van den Steenhoven.
Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Scott,
Trives, van den Steenhoven, Swink
Negative:
Councilmember Reed
Councilmember Scott reinstated h~s motion to introduce an amended
ordmance entitled: "AN ORDI!':A:-lCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHI:-lG A VETE~~NS PREFERENCE IN ENTRY LEVEL E~~I-
INATIONS ADI-'IINISTERED BY THE CITY OF SANTA MONICA," reading by title
only and wa~v~ng further read~ng thereaf. Second by Mayor Pro Tempore
Cohen. Discussion took place as to whether the ordinance would be
implemented ~n the period before the June elect~on, and Assistant City ~
Attorney Stre~chman said the ordinance provides that it will be effective
after th~rty days from its adoption; therefore it will be in effect until
the people appeal or ratify it at the June elect~on. Counc~lmember
Scott's motion to introduce the ordinance, as amended, was approved by
the follow~ng vote:
Council Vote: Affirmative: Counc~lrnembers Bambrick, Cohen, Scott,
van den Steenhoven, Swink
:-legative:
Councilmembers Reed, Trives
Councilmember van den Steenhoven was excused from the meeting at 12:23 A.:--I.
Agenda Item 8-E: Presented at this time was an emergency ord~nance for
~ntroduction and adopt~on establ~shing a 60-day moratorium on develop-
ment or conversion of cooperative apartments. C~ty Manager Williams
requested Counc~l concurrence ~n this item being placed on the agenda
by the staff rather than by Counc~l request because of the urgent nature
of the situation. Mr. Will~ams sa~d cooperative convers~ons do not
presently have to meet condom~n~um conversion requ~rements relating to
Planning Comm~ssion and City Council review, condom~n~um taxes, etc.,
and the moratorium period would allow formulation of regulations. The
public hear~ng was opened at 12:25 A.M. by order of Mayor Sw~nk. David
Thompson descr~bed the difference between cooperative housing and condo-
miniums and sa~d he opposed the ordinance in that conversion tax and
code demands w~ll increase the price of cooperative housing. There being
no other requests to speak either for or against the ordinance, the
public hearing was closed at 12:34 A.M. by order of Mayor Swink. After
discussion w~th Planning Director Lunsford ~n regard to the length of
time needed for staff research, Councilmember Reed moved to adopt
Erne rgency Ordinance No. 1077 (CCS) entitled: "AN ORDnANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CREATING A MORATORIUM ON THE CON-
STRUCTION, ERECTION, CREATION OR DEVELOPMENT OF A:-lY STOCK COOPERATIVE
HOUSI:-lG WITHI:-l THE CITY OF SANTA MONICA ~~D DECLARING THE PRESENCE OF
A:-l EMERGENCY," amended to remain in effect for 90 days. Second by
Counc~lmember Trives.
~
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
~
.
.
.
.
307
Agenda Item 8-F: Presented at this time was an ordlnance for adoption ~Iodifled ordinance
adding public access and improvement requirements for development adding public access
projects. Assistant Clty Attorney Streichman reported that staff has and b,.rovement
submitted two ordlnances for review by the City Council--one as lntro- requirerents for
duced and discussed at the Council meeting held February 14, 1978, and development projects
another as modlfied by staff after that meeting. After discussion approved for reintro-
Councllmember Reed moved to reschedule the ordinance as modified bv staff duction
for reintroduction and publlC hearlng. Second by Mayor Pro Tempor~ Cohen.
Councll Vote: Unanlmously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item 8-G: Presented at thlS time was an ordlnance for adoption
amending the Municipal Code regulating night-time parking ln publlc
parklng lots. Councilmember Reed moved to adopt Ordlnance No. 1078(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA :-'lONICA
AMENDING SECTION 3201 OF AND ADDING SECTIONS 3201A AND 3201B TO THE
SAXTA MONICA MUNICIPAL CODE REGARDING NIGHT TIME PARKING IN PUBLIC
PARKING LOTS", reading by title only and waivlng further readlng thereof.
Second by Mayor Pro Tempore Cohen. Councllmember Reed said that J. Ray
Gallagher requested by telephone that the record show his Opposltlon to
the ordlnance ln that it will cut access to the beach which is an
unconstltutlonal act. Councilmember Reed's motion was approved by the
fol101;ing vote.
Council Vote: Unanlmously approved 6-0
Absent: Councllmember.van den Steenhoven
Agenda Item 10-A: Presented at thlS tlme was a recommendatlon of the
Recreatlofi and Parks Commission regarding criterla for skateboard park
development. City Manager Wllllams said that staff recommends that the
Councll reVlew the criteria and authorize staff to advertlse for
developers; interview, select and recommend a successful developer to
Council. Council discusslon ensued in regard to the crlteria related
to an arcade in the park, a snack bar to serve the publlC and the park,
restrooms to serve both park and beach patrons, the fee for park use,
hours of park operatlon, the amount of minlmum lnvestment on the part
of the developer, and the lease terms. Councilmember Scott moved that
an arcade/game room be prohibited from the proposed skatepark on the
Deauville property. Second by Councilmember Trives.
Council Vote' Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Councilmember Scott moved to instruct staff to advise the bidders that
the food service and restroom facilities are to be designed so that there
is no intermingling of traffic between patrons of the skatepark and beach
users. Second by Councilmember Tri ves.
Council Vote: Unanimously approved 6-0
Absent:
Councilmember van den Steenhoven
Councilmember Scott moved to delete the following critena: "Fee is not
to exceed $1.25 per hour and a $4.00 membership fee will include one free
sesslon," and "Minimum investment is to be $150,000". Second by Councll-
member Trlves.
Councll Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
councllmember Scott moved that the staff be instructed to proceed with
advertising for selecting a developer to design and construct a skate-
park on the Deauville property. Second by Councilmember Trives.
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Ordinance 1078
amending MlrniClpal
Code regulatlng night-
time parhng in public
parking lots
Reconnnendation of
Recreation and Parks
Commission regarding
criterla for skate-
board park develop-
ment amended; staff
<hrected to prepare
bid proposal and
soliCl t development
proposals
Report of Llbrary
Board regarding relo-
cation of Ocean Park
Llbrary Service
accepted
Contract 2473
Southwest 'Regional
Traming Center
establlshed by JOlnt
Powers Agreement
Suspension of manda-
tory water cons e rva-
hon proVlslon of
Ordinance 1061
approved
Report on alterna-
h ves fo r flIDding
of lIDenployment
insurance compensa-
tion coverage for
Cl. ty emp loyees
accepted
Agenda Item lO-B: Presented at this tlme was a report of the Library
Board regarding relocatlon of Ocean Park Library Service facility. City
Manager Williams sald that the Llbrary Board recommends that the library
branch slte be located in Hotchklss Park and sald there lS no need for
action by Council at this time. He said a joint meeting of the Recreation
and Parks Commlssion and the Llbrary Board will be held on February 16.
After Council dlscusslon regarding location of the branch at the park,
Mayor SWlnk ordered the report received without action at this time.
Agenda Item II-A: Presented at this time was the recommendation for
approval of the JOlnt Powers Agreement to establlsh a Southwest Reglonal
Training Center. City Manager Wllliams said that approval of the staff
recommendatlon would provide that the City of Santa Monica participate
with the twelve citles listed in the report for participation in a joint
powers agreement for training at no addltional cost to the Clty. The
Council discussed wlth staff members the possible prollferation of
expendltures and personnel related to participation In the training
center's service. Councilmember Reed moved to approve entering into a
Joint Exerclse af Powers Agreement, Contract No. 2473(CCS), establishing
the Southwest Regional Training Center as a publlc agency; to authorize
the Clty Manager to forward such approval to the Center; and to request
the staff to make an annual report to the City Council regarding the
City's partlclpation in the program. Second by Councilmember Trives.
Council Vote: Afflrmative: Councilmembers Bambrick, Reed, Scott,
T rl ves, Swink
Negative:
Councilmember Cohen
Absent:
CounclImember van den Steenhoven
Agenda Item ll-B: Presented at thls tlme was a recommendation for
suspension of the mandatory water conservation provisions of Ordinance
No. 1061(CCSJ. City Manager Willlams said thls action would allow for
suspenslon of mandatory water preservatlon provisions admlnistratlvely
but would contlnue the ordinance on the books to be exerclsed in the
future if needed. He noted that staff is also asking Council to support
a voluntary water conservation program in the Clty. Counci~member Trives
moved to authorize suspension of administrative implementation of the
provisions of Sectlon 10 of Ordinance No. 1061(CCS) until such time that
the water supply lS threatened and to support voluntary water conservation
by consumers and In Clty-controlled operatlons as a means of conserving
valuable commodities, namely water and energy. Second by Councilmember
Reed.
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item ll-C: Presented at this time was a report of alternatives
and a recommendation for fundlng of unemployment insurance compensation
coverage for Clty employees. City Manager Williams said unemployment
lnsurance compensation has been lmposed on citles by the federal govern-
ment; that a pending law suit would relieve cities of that responsibl1ity;
however, interlm legislation requlres action effective January 1 with
funding necessary on July 1, 1978. Councilmember Cohen moved to approve
the staff recommendations that the City partlclpate in the Local Public
Entlty Employees Fund as a method of financlng unemployment insurance
to municipal employees and that the Clty pursue, through appropriate
legislative means, the option of self-insurance and se1f-admlnlstration
of unemployment insurance beneflts in the same manner as other types of
self-lnsurance by public agencies are permitted. Second by Councilmember
Trives.
Council Vote: Unanimously approved 6-0
Absent: Counci1member van den Steenhoven
Agenda Item 11-D: Presented at this tlIDe was a report regarding the use
of the Euthanair Decompression Chamber. City Manager Williams sald
308
.
.
.
.
.
.
.
.
309
the staff report responds to the Councll's request to review the possi-
bility of using sodlum pentobarbital injectlons ln the destruction of
stray or diseased animals. He said the report discusses euthanasia
methods and costs; sodium pentobarbital lnjections; hiring of a part-time
technlclan and tralning of in-house personnel to admlnister the program.
Councilmember Bambrick moved to adopt the method of sodium pentobarbital
injections for destructlon of stray and dlseased animals and to hire an
animal health technician until existing employees have obtained proper
certificatlon, with a total additional flrst year cost of $9,590.00; and
to dlscontiwe the use of the euthenair decompression chamber as soon as
practicable. Second by Councilmember Trives.
aPl?roved use of
inJ ectlons for
disposition of
animals
Councll Vote. Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item 12-A: City Clerk Snider reported that the request of Mitzie
Stuart Keller to present a mlnority viewpoint regarding Ocean Park
library was wlthdrawn until such tlme as the complete report of the
Llbrary Board is before Councll for action.
Agenda Item l2-B: Presented at this time was the request of the Southern Proposal reganhng
Callfornla Instltute of Archltecture regarding a proposal for a bicycle a bicycle arena
arena. Ralph Mursinna, Philip Kahn and John Demers of the Southern presented
California Institute of Architecture requested construction in the Clty
of a permanent Velodrome blcycllng arena for the 1984 Los Angeles
Olympics competition and for later use as a multi-functional facllity.
D1Scusslon ensued regarding environmental impact of such a massive facll-
ity in the beach area. No action was taken by the City Council.
Keller vie\'.'Point
regarding Ocean Park
library continued
Agenda Item 13-A: Presented at this time was a request regarding an
additional $8,000 in funding for the Ocean Park Community Center as
requested by Mayor Swink. The Council discussed the City's present
funding allocation of $25,000 and the Center's immediate need for
addltlonal financlng in the amount of $7,000, although $8,000 was re-
quested by the Center. Councllmember Reed moved to approprlate an
additional $7,000 from Anti-Recessi'onary Countercyclical funds to provide
lmmedlate financial assistance to the Ocean Park Community Center. Second
by ~layor Swink.
Approved funding in
the amount of $7,000
for Ocean Park
Community Center
Council Vote: Unanimously approved 6-0
Abs ent: Counci lmember van den Steenhoven
Agenda Item l3-B: Presented at this tlme was the request of Council- Discussion regarding
member van den Steenhoven for discussion regarding Louis Flske, consultant, water quality
and water quality control. It was noted that Councilmember van den control continued
Steenhoven was not present and the item was continued to the Council to February 28, 1978
meeting to be held February 28, 1978.
The City Councll meeting adJourned at 1:37 A.M. on motion of Counell-
member Reed, second by Councilmember Trives, the adjournment to be ln
memory of the following indlviduals: On behalf of Councilmember Trlves,
Mamle Waters, a long-time resident of the communlty and first black
probation offlcer in the City of Santa Monica; Mrs. Maude F. Peek, a
long-time resident of the community; Uberto Zaccaria, husband of a long-
time employee of the City's Flnance Department; Katherine Hawkins, former
Santa Monica schoolteacher; Doyle Beers, former Santa Monica resident,
former employee of Santa Monlca Bank and former manager of the local
branch of Clty National Bank; Nlcholas DeNisi, a long-time resident of
the City who was employed for 27 years at Edgemar Farms; and on behalf
of Councllmember Bambrick, ln memory of Victoria Devlln, Robert K.
Thomas, and Doyle Beers, past president of the Santa Monica Junlor
Chamber of Commerce and past president of the Santa Monica Optimist
Club.
Council Vote: Unanimously approved 6-0
Absent: Counci lmember van den Steenhoven
~EST:
'. ~>
.~;-u. C3 ~
/ ~oyC"e Snider
L/ City Clerk
APPROVED: , j I
;Jb-M'-IJ 6i&u...t Aw.'~
Donna O'Brien Swink
~Iayor