M-1/29/1985
I
I
59
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 29, 1985
A meet~ng of the Santa Monica City Counc~l was called to order by
Mayor Pro Tempore Jenn~ngs at 6:00 P.M. on Tuesday, January 29,
1985, in the CouncIl Chambers, haVIng been adJourned from January
22, 1985.
Roll Call: Present: Mayor Pro Tempore WIllIam H. JennIngs
Councllmember James P. Conn
Councllmember Dav~d G. EpsteIn
Counc~lmember Herbert Katz
(arr~ved durIng Closed SeSSIon)
Counc~lmember Dennis Zane
CIty Attorney Robert M. Myers
City Clerk Ann M. Shore
Absent:
Mayor ChrIst~ne E. Reed
Councllmember Ken Edwards
C~ty Manager John Jalili
11-E: CLOSED SESSION: Presented was a request for Closed
SeSS10n for the purpose of cons1der~ng personnel matters and
threatened lItIgation, pendIng litlgat~on and 11tigation to be
commenced by the CIty. At 6:00 A.M.. Councllmember Conn moved to
adJourn to Closed SeSSIon to conSIder the followIng pendIng
cases: Mag1d vs. Cl ty of Santa MonIca, Santa MonIca SuperIor
Court Case No. WEC 75870; Serra vs. CIty of Santa Mon1ca, Los
Angeles SuperIor Court Case No. C 68495; Floyet vs. CIty of Santa
MonIca, Santa MonIca SuperIor Court Case No. WEC 86057; Wayne vs.
CIty of Santa MonIca, Santa Mon~ca SuperIor Court Case No. WEC
79544; Ross vs. CIty of Santa MonIca, Santa MonIca SuperIor Court
Case No. WEC 59823; Jones vs. CIty of Santa MonIca, Santa MonIca
Super lor Court Case No. WEC 082967; Brown & Ha skIn vs. Cl ty of
Santa Monica, Los Angeles Superior Court Case No. C 67913;
Mar ales vs. C1 ty of Santa Monica, San ta Man ica Su per ~or Court
Case No. WEC 87565; Welch VS. CIty of Santa MonIca, Los Angeles
Mun lC lpal Court Ca se No. F 77380 j CollIns vs. Cl ty of Santa
MonIca, Cla~m No. MBL 84-230; Thompson vs. CIty of Santa MonIca,
Cla~m No. MBL 84-230; Toomer vs. City of Santa MonIca, ClaIm No.
MBL 84-230; TIffany vs. CIty of Santa MonIca, Santa MonIca
SuperIor Court Case No. WEC 80963; Shell O~l Company vs. C~ty of
Santa MonIca, Un~ted States DIstrict Court Case No.CV 82 2362 RJK
(Gx); Goldway vs. Cl ty 0 f Santa Mon ica, Los Angeles Super lor
Court Case No. C 487521; and Californ~a AVIatIon vs. Clty of
Santa MonIC a, Un 1 ted States DI str lct Court Ca se No. CV 84 -6 985
(CMB) (Bx). Second by Councllmember EpsteIn. The mot ion was
1
January 29, 1985
60
approved by unanImous vote.
Council reconvened at 7:20 P.M., wIth all members present as at
the roll call.
Councllmember
Floyet vs.
Councllmember
vote:
EpsteIn moved to approve settlement In the case of
Clty In the amount of $12,000. Second by
Conn. The mot Ion was approved by the followlng
I
CouncIl Vote: Unanlmously approved 5-0
Absent:
Councllmember
Reed
Edwards and
Mayor
Councllmember EpsteIn moved to approve settlement ln the case of
Wayne vs. Clty 1n the amount of $57,500. Second by Councllmember
Conn. The motlon was approved by the folloWIng vote:
CounCIl Vote: Unanlmously approved 5-0
Absent:
Councllmember
Reed
Edwards
and
Mayor
(Councllmember Edwards entered the Chambers.)
Councllmember Epste1n moved to approve settlement In the case of
Ross vs. CIty ln the amount of $20,000. Second by Counc1lmember
Conn. The motIon was approved by the follOWIng vote:
Councll Vote: AffIrmatIve:
Councllmembers Conn,
JennIngs, Katz and Zane
EpsteIn,
Absta1n:
Counc11member Edwards
Absent:
["layor Reed
Councllmember EpsteIn moved to approve settlement In the case of
Jones vs. CIty In the amount of $10JOOO. Second by Councilmember
Conn. The motion was approved by the follow1ng vote:
Councll Vote: AffIrmatIve: Councilmembers Conn, EpsteIn, I
Jennings, Katz and Zane
AbstaIn: Councllmember Edwards
Absent: Mayor Reed
Councllmember Conn moved to approve settlement 1n the case of
Brown and HaskIn vs. CIty In the amount of $7J989.35. Second by
Councllmember Epsteln. The motlon was approved by the follOWIng
vote:
2
January 29 J 1985
I
I
b1.
CouncIl Vote: AffIrmatIve:
Councllmernber
Morales vs.
Councllrnernber
vote:
Councllmembers Conn,
JennIngs, Katz and lane
Epstein,
AbstaIn:
Councllmember Edwards
Absent:
Mayor Reed
EpsteIn moved to approve settlement In the case of
Cl ty In the amount of $6,000. Second by
Ka tz. The motion wa s approved by the following
CouncIl Vote: AffIrmatIve:
Councllmembers Conn,
JennIngs, Katz and lane
Epstein,
AbstaIn:
Councllmember Edwards
Absent:
Mayor Reed
Councllmember EpsteIn
Welch vs. Cl ty in
Counc llmember Conn.
vote:
moved to approve settlement In the case of
the amount of $2,994.50. Second by
The motIon was approved by the following
CouncIl Vote: AffIrmative:
Councllmember
CollIns vs.
Councllmember
vote:
Councllmembers Conn,
JennIngs, Katz and lane
EpsteIn,
AbstaIn:
Councllmember Edwards
Absent:
Mayor Reed
Conn moved to approve
CI ty in the amount
Zane. The motIon was
settlement in the case of
of $4,000. Second by
approved by the followIng
CouncIl Vote: Affirmative:
Councllmembers Conn, JennIngs, Katz
and Zane
AbstaIn:
Councllmembers Edwards and EpsteIn
Absent:
Mayor Reed
Councilmember Conn moved to approve settlement 1.n the case of
Thompson vs. Cl ty in amount of $3,000. Second by Counc 1.lmember
lane. The motIon was approved by the followIng vote:
CouncIl Vote: AffIrmatIve:
Councllmembers Conn, JennIngs, Katz
and Zane
AbstaIn:
Councllmembers Edwards and EpsteIn
Absent:
Mayor Reed
3
January 29, 1985
62
Councilmember Conn moved to approve settlement In the case of
Toomer vs. CIty In the amount of $3,000. Second by Councilmember
Zane. The motIon was approved by the followIng vote:
CouncIl Vote: AffIrmatIve:
Councilmembers Conn, JennIngs, Katz
and Zane
AbstaIn:
Councilmembers Edwards and Epstein
Absent:
Mayor Reed
At 7:30 P.M., Mayor Pro Tempore JennIngs called for a roll call
and the pledge of allegIance. Councilmember Edwards led the
assemblage In the pledge of allegIance to the Vnl ted States of
AmerIca.
Roll Call: Present: Mayor Pro Tempore WIlliam H. JennIngs
Councllmember James P. Conn
Councllmember Ken Edwards
Councllmember DavId G. Epstein
Councllmember Herbert Katz
Councllmember DennIs Zane
CIty Manager John Jalill
CIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Absent:
Mayor ChrIstine E. Reed
11-C: HOMELESS PEOPLE:
the homeless Issue
DISCUSSIon was held.
Presented were staff reports descrIbIng
and making various recommendations.
Councllmember Conn moved to hear from members of the publIC for
three minutes each. Second by Councllmember Katz. The motIon
was approved by unanImous vote. The followIng members of the
publIC spoke with suggestions for resolving the homeless problem:
M. Ramsey, Ken Schonlau, Sara Berman, Allan Weiser, Pat Barrett,
Gwen Meyer, Wayne Hall, Pastor H. Feldman, Nathan SInger, Joy
Fullmer, Albert Greenstein, Ida Dooley, Mandy Johnson, James
Burford, Irene ZIVI, Jay Sanderson, Nancy Mlntle, C. Victor
GabrIel, Lyn Corum, MltS Shimotsu, Paul Antuna, Pamela Hanson,
John Hanson, John Jurenka, Carol Smi th, Paul DeSanti s, Rhond a
Meister, Idanla GarCIa, Eleanor Hernandez, Dolores Hudson,
Russell Lane, Judy Shorrock, Jeffrey French, Laurel, Linda
Hernandez, Susan Johnson, John Ladd, Deirdre Walsh, John Redder,
TIm Boydston, Sister MIldred, John Lumbleau, PatrIck McCartney,
Gene Jones, Jud 1 th Ro sen, Su san Dempsay, James Furen, Al SmI th
and ChrIstIna Sutherland. (Councilmember Edwards departed the
meetIng during the publiC testImony.) At 10:48 P.M.,
Councllmember EpsteIn moved to extend the meetIng to 12:00
MIdnIght. Second by Councllmember Conn. The motIon was approved
by unanImous vote. A recess was held at 10:49 P.M. At 11:00
4
January 29, 1985
I
I
I
I
63
P.M., Council reconvened wIth the followIng members present:
CouncIlmembers Conn, EpsteIn, Jennings, Katz and Zane.
DI SCUSSIon was held In regard to the CI ty At torney r s report.
Counc ilmember Epstein moved to adopt Re solution No. 6969 (CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA URGING THE STATE LEGISLATURE TO ENACT LEGISLATION RELATING
TO THE MENTALLY ILL HOMELESS," readIng by tItle only and waIvIng
further readIng thereof; to authorIze the Mayor to wrIte to the
State legislature, cities In the County of Los Angeles, Los
Angeles County Board of SupervIsors, League of CalIfornIa CItIes,
Independent CItIes' AssocIatIon and Southern CalIfornIa
AssocIation of Governments (SCAG) urgIng theIr support wIth
respect to thIS Issue; and to authorIze the CIty lobbyist to make
impl ementation of this Issue one of hI s pr ior I tl e s. Second by
Councllrnernber Katz. DIScussIon was held. The motIon was
approved by the followIng vote:
CouncIl Vote: UnanImously approved 5-0
Absent: CouncIlmember Edwards and Mayor Reed
Councllmember EpsteIn moved to dIrect the CIty Manager to provIde
an InformatIon report on the extent to Whlch--In terms of some
kInd of numbers or statIstlcs--the referenced faIlure of the
County to accept the mentally dIsabled has been a problem for our
PolIce Department, this informatIon I tern to be provided before
11 tlgatlon IS consIdered. Second by Councilmember Katz.
DIscussion was held. The motIon was approved by unanimous vote.
DIScussion was held regardIng recommendatIons numbered 1 through
8 (described In the followIng motIons) In the CommunIty LiaIson's
staff report entItled "Report and RecommendatIons on VarIous
Issues Related to the Problems of Homeless People In Santa
MonIca".
Councllmember Zane moved to approve staff recommendatIon number 6
("dIrect staff to seek and evaluate proposals for day shel ter
programs which are submItted by agencies as an extenSIon of theIr
currently eXIsting serVIce programs on the basis of cost
effectIveness, neIghborhood Impact and capacity to delIver
serVIces. Such evaluation should be conducted In the context of
the development of the 1985-86 CommunIty Development Plan and a
staff recommendatIon presented to CounCIl at that tlme.").
Second by Councllmember Epsteln. Councilmember Epsteln moved an
amendment to the motion to change the staff recommendation
language where it reads, "...WhlCh are submItted by agencies as
an extenSIon of theIr currently existIng serVIce programs...", so
that It read Instead "...whIch are submitted by eXlstlng
agencIes...". DurIng dIScussIon, Councilmember Zane accepted the
amendment as friendly and Incorporated It Into the maIn motion.
Dur Ing dISCUS s ion, and WI th the consen t 0 f the second,
Councllmember Zane Incorporated Into the motion Councilmember
Conn's suggestion that staff, in the evaluatIon of proposals,
5
January 29, 1985
64
gIve specIal attentIon to employment and self-help elements of
such proposals subml tted. The motIon, as amended, was approved
by unanImous vote.
I
Councllmember EpsteIn moved to approve staff recommendations
numbered 1, 2, 3, 4, 5, 7, and 8, thereby approvIng the followIng
actIons:
1. Authorize staff, wIthIn the context of the 1985-86 CommunIty
Development program, to seek an agency capable of provIdIng a SIX
month pIlot outreach program composed of two full tIme staff to
work wIth homeless people In Santa Monica parks and public areas;
Council WIll be provided with an evaluation of the program and a
recommendation on whether to extend It after the first four
months of operatIon.
2. DIrect staff to IdentIfy temporary employment opportunl tIes
withIn the CIty and work wIth the Casual Labor Desk of the Santa
MonIca EDD offIce to fill these pOSItIons with homeless and other
needy IndIVIduals whenever possIble; also dIrect staff to work
WI th lac al bus Inesses and the Chamber of Commerce to encourage
theIr use of the EDD offIce to provIde opportunItIes for
employement for the homeless.
3. ApproprIation of $17,000 from the General Fund
non-departmental contingency account to account
11101-300-305-000-100 for the hlr Ing of two add i tional permanent
structure guards to work In the downtown/mall area for the
r ema in Ing fIve months of thl s fl scal year and dIrect staff to
include these pOSItIons In next year's budget proposal.
4. Concur WI th the staff plan to hIre two as-needed structure
guards for the remaInIng fIve months of thIS fIscal year to be
paid WIth salary saVIngs In the polIce department.
5. AuthorIze the Cl ty Manager to enter Into a standard grantee
agreement with the Salvation Army of Santa MonIca for the
prOVIsion of a dally meal for destitute people and provIde
fundIng of $3,500 from account #01-200-262-000-661 for the fIrst
fIve months of the program.
7. DIrect staff to monItor relevant legIslatIon, publIC I
hearIngs, etc. on the federal, state and county levels regardIng
services to the homeless and recommend action to CounCIl when
approprIate.
8. Dl rec t staff to work WI th the Cl ty Attorney 1 s OffIce and
other approprIate resources In provIdIng traInIng to polIce
offIcers on opportunItIes and constraInts In handling the
mentally disordered and other homeless IndIVIduals.
The motion was seconded by Councllmember Katz. DurIng dIScussIon
and WIth the consent of the second, Councllmember EpsteIn
Included In the motIon that durIng the budget process they
6
January 29, 1985
I
I
65
consider Councilmember Conn's suggestIon to dIrect staff to
report on the cost to deSIgnate, on a dally baSIS, a certain
number of Jobs that could be fIlled, any legal complicatIons, and
solutions to those. Dur Ing dISCUSSIon and wIth the consen t of
the second, CouncIlmember Epstein added language to staff
recommendatIon number 2 a s follows: "As k the Ci ty Man ager to
report on opportunItIes and constraints on a CIty day labor
program." DIScussion was held. The motIon was approved by the
follOWIng vote:
Council Vote: UnanImously approved 5-0
Absent:
Councllmember Edwards and Mayor
Reed
DISCUSSIon was held. Councilmember EpsteIn moved to dIrect staff
to report, as In its Judgement it may be adVIsable, with respect
to needed research and other related data and to authorize the
Mayor to wrI te to the Board of Supervisors requestIng County
cooperatIon In meetIng the shelter and mental health needs of the
homeless on the Westslde/Santa Monica/Venice areas. Second by
CouncIlmember Zane. DiSCUSSIon was held. The motIon was
approved by unanImous vote.
Dur ing dIScussion, Counc Ilmember Zane moved to dIrect staff to
report on InformatIon of InCIdents or reports of InCIdents
InvolVIng homeless persons In city parks. Second by
Councilmember EpsteIn. DISCUSSIon was held.
At 12: 00 HI dn ight, Counc Ilmember EpsteIn moved to
meet Ing to 12: 15 A. M. Second by Counc ilmember Conn.
was approved by unanimous vote.
extend the
The motIon
CouncIlmember Zane reVIsed the motIon to accept CouncIlmember
Epstein's language to dIrect staff to prepare a prelIminary
assessment reportIng what InformatIon could be obtaIned
ImpreSSIonIstIC ally or through a relatIvely SImple data
gatherIng; and secondly, what else could be found out and how
much tIme and effort It woul d take to fInd it out. Dl SCUSSIon
was held. The motIon was approved by unanimous vote.
During dISCUSSIon, Mayor Pro Tempore Jennings moved to dIrect
staff to report on whether any city aId can be gIven to aSSIst in
acqUIrIng tranSitional hOUSIng unIts. Second by Councllmember
Conn. DurIng dISCUSSIon and WI th the consent of the second,
Councllmember Jennings revised the motion to direct the HOUSIng
DIvision staff and the WorkIng Group on the Homeless to consider
and report on the question of tranSl tlonal housIng. The motIon
was approved by unanImous vote.
At 12: 14 A. M., Mayor Pro Tempore Jenn lngs moved to extend the
meetIng to 12:30 A.M. Second by Councllmember EpsteIn. The
motion was approved by unanImous vote.
7
January 29, 1985
66
Discussion was held. Mayor Pro Tempore Jennings moved to dIrect
the Working Group on the Homeless to make a recommendatIon to
CouncIl on some type of statewIde legIslation that we could ask
the legislature to adopt that would requIre thIS questIon to be I
dealt wIth on a regional basis Instead of a cIty-bY-Clty basIs.
Second by Councilmember Katz. The motIon was approved by
unanImous vote.
14-F: HOMELESS PROBLEM: Presented was the request of
Councllmember Conn to dISCUSS CouncIl action to urge the County
Board of SupervIsors to adopt a resolutIon declarIng Los Angeles
County a dIsaster area because of the magnItude of the problem of
the homeless. CouncIlmember Conn Introduced dIScussIon.
Councilmember Conn moved to authorIze a communIcatIon to Los
Angeles County Board of Supervisors urgIng them to declare Los
Angeles county as a dIsaster area to become elIgIble for Federal
Emergency Management AdmInIstratIon funds. Second by
Councilmember Katz. DIScussIon was held. The motIon was
approved by a vote of four In favor, Councllmember Epstein
opposed, Councllmember Edwards and Mayor Reed absent.
ADJOURNMENT: At 12:28 A.M., CouncIlmember EpsteIn moved to
adJourn the Cl ty CouncIl meetIng In memory of MortImer RIchie,
Wendee Marks and Charles Gladstone. Second by CouncIlmember
Katz. The motIon was approved by unanImous vote.
ATTEST:
~ fJ;, ~1~~
Ann M. Shore
CIty Clerk
I
8
January 29, 1985