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M-4/9/1985 119 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 9, 1985 A meetIng of the Santa MonIca CIty CouncIl was called to order by Mayor Reed at 6:02 P.M, on Tuesday, AprIl 9, 1985, In the CouncIl Chambers. Roll Call: Present: Mayor Christine E. Reed Mayor Pro Tempore WillIam H. JennIngs (entered at 6:15 P.M.) Councllmember James P. Conn Councllmember Ken Edwards Councllmember DaVId G. EpsteIn (entered at 6:04 P.M,) Councllmember Herbert Katz Councilmember Dennis Zane (entered at 6:10 P.M.) CIty Manager John Jalill CIty Attorney Robert M. Myers CIty Clerk Ann M. Shore CLOSED SESSION: Presented was a request for Closed SessIon, called by Special NotIce, for the purpose of conSIdering per sonn el matters and thr eatened lItIgation, pendIng 1 i t Igat ion and lItIgation to be commenced by the City. At 6:03 P.M., Councllmember Conn moved to adjourn to Closed SessIon to consider the foll'owin g pendIng cases: Callforn la Av 1 atIon vs. Cl ty of Santa MonIca, Un I ted States DI str lct Court Ca se No. CV 84-6985 (CMS) (Ex) and Los Angeles SuperIor Court Case Number C 306538; Nelson vs. CIty of Santa MonIca, Claim No. MBL 84-10-112; Betton vs. CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEC 884121; Banuelos vs. CIty of Santa MonIca, Santa MonIca SUperIOr Court Case No. WEC 064167. Second by Councilmember Katz. The motIon was approved by unanimous vote. CouncIl reconvened at 7:33 P.M., WIth all members present. Mayor Reed announced that no action was taken. (See also Agenda Item 11-B.) ADJOURNMENT: At 7:33 P.M., 90uncIlmember EpsteIn moved to adjourn tne SpecIal MeetIng. Second by Councllmember Conn. The motion was approved by unanImous vote. REGULAR CITY COUNCIL MEETING A meetIng of the Santa MonIca CIty Cauncll was called to order by Mayor Reed at 7:34 P.M. Councllmember Edwards led the assemblage 1 AprIl 9, 1985 I I I I 120 In the pl edge of alleg ianc e to the Un 1 ted States of Amerlc a. CaptaIn Alan RobInson, SalvatIon Army, offered the Invocation. Roll Call: Present: Mayor ChrIstine E. Reed Mayor Pro Tempore WIllIam H. JennIngs Councilmember James P. Conn Councllmember Ken Edwards Councllmember DavId G. EpsteIn Councllmember Herbert Katz Councllmember Dennis Zane CIty Manager John Jallll Clty Attorney Robert M. Myers Clty Clerk Ann M. Shore 6. CONSENT CALENDAR: The Consent Calendar whereby all 1 terns are conSIdered In one motlon from the Calendar for discussIon. Councllmember approve the Consent Calendar Wl th the excep-tIon 6-G, 6-J, 6-L and 6-M. Second by Councilrnember motion was approved by the followlng vote: was presented unless r ernov ed Conn moved to of I terns 6-A, Edwards. The Council Vote: Unanlmously approved 7-0 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 6994(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," arlsIng from past storms, hIgh tides and heavy surf, was adopted. 6-C: HANDICAPPED PARKING ZONE/1625 OLYMPIC BOULEVARD: Resolut ion No. 6995 (CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT TO 1625 OLYMPIC BOULEVARD," was adopted. 6-D: GUTTER CONSTRUCTION/STREET RESURFACING: Resolutlon No. 6996 (CCS) en tl tIed: "A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION AND STREET RESURFACING ON VARIOUS CITY STREETS," was adopted settIng a publlc hearlng for May 14, 1985. 6-E: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 6997(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS, II was adopted settIng a publlc hearIng May 14, 1985. 2 AprIl 9, 1985 121 6-F: POLICE TRAINING AGREEMENT/CALIFORNIA HIGHWAY PATROL: Resolutlon No. 6998(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SANTA MONICA AND THE STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL," awarding Contract No. 4434(CCS) to Callfornia Hlghway Patrol. 6-H: SMOKING ORDINANCE: Ord ln an ce No. 1335 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9A TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE REGULA TING SMOKING IN PUBLI C PLACES AND PLACES OF EMPLOYMENT,'f was adopted, having been introduced March 26, 1985. 6-1: SANTA MONICA BAY WATER QUALITY: A staff report on Santa Monica Bay water quallty was received. 6-K: SENIOR NUTRITION GRANT ALLOCATION: A recommendatlon was appproved to increase the Senlor Nutrition Grant allocation by $9,000 thereby changing the following Fiscal Year 1984-85 budget appropriations authority for the Senior Citizens Nutrition Program: equlpment-increase at account number 01-400-544-518-802 by $8,500 and office supplies increase by $1,600 at account number 01-400-544-000-231; revenue account 20-932-339-000-000 increase by $9,000 and appropriatlon at 01-700-695-000-750 increase by ($9.000). 6-N: PIER SPECIAL EVENTS TENT: Resolution No. 7000(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE COASTAL CONSERVANCY," was adopted awardlng Contract No. 4436 (CCS) to Co astal Con serv ancy for grant funds to purchase a speCial events tent and related equipment for the Santa Monica Pier; apprOVing the approprlation to account number 30-740-626-000-910 be increased by $1,000 wlth the resulting total appropriation of $27,000 belng flnanced by at $27,000 increase in anticipated grant revenues to 30-905-217-000-000. END OF CONSENT CALENDAR Councilmember Epstein moved to add Items 6-0 and 14-1 to the agenda. Second by Counc ilmember Conn. The motion was approved by unanimous vote. 6-A: APPROVAL OF MINUTES: Presented for approval were the minutes of the Clty CounCil meeting held March 26, 1985. Councilmember Epstein moved to approve the minutes as presented. Second by Coun c ilmember Edwards. The motlon was approved by unanimous vote With Councilmember Conn abstaining due to hiS absence from the meeting. 3 Aprll 9, 1985 I I I I 122 6-G: UNIFORM TECHNICAL AND FIRE CODES: Presented were staff reports tr~ri~mIttIng an Ordlnariri~ -t6~~doptlon and second readIng adoptIng current UnIform Technical and FIre Codes and local amendments the~eto, havIng been introduced March 26, 1985. CouncIlmember Katz noted the addItIonal staff report deleting ~he words "and sIdIng" from page SIX of the ordInance as dIrected by CouncIl at fu"st readIng. Councilmember Katz moved to adopt OrdInance No. 1334(CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE UNIFORM TECHNICAL CODES AND ADOPTING THE SANTA MONICA AMENDMENTS TO THE 1982 UNIFORM TECHNICAL CODES," reading by title only and waIvIng further reading thereof, as amended. Second by Mayor Reed. The motIon was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 6-J: FIREWORKS DISPLAY ON STATE BEACH: Presented was a staff report recommendIng that permISSIon be granted to Jonathan Club on theIr request to conduct a Fourth of July fIreworks dIsplay on Santa MonIca State Beach. Councllmember EpsteIn introduced dIScUSSIon. Mayor Reed moved to approve the staff recommendation, thereby granting permission to the Jonathan Club to conduct theIr tradItIonal Fourth of July fIreworks display upon meeting all CIty insurance and permIt reqUIrements. Second by Councllmember Conn. The motIon was approved by the followIng vote: CounCIl Vote: AffIrmatIve: Councl1members Conn, JennIngs, Katz and Mayo~ Reed NegatIve: Councllmembers Edwards, EpsteIn and Zane 6-L: WATER PIPE FITTINGS: Presented was a staff report recommendIng that BId No. 1993 be made to Parkson Co. in the total amount ~f $14,214.07 Including tax, for purchase of asbestos cement pIpe and fIttings. DISCUSSIon was held regardIng the use of a sbestos mater Ials. Counc Ilmember EpsteIn moved to table the mat te..... Second by Coune llmember Katz. Dur lng discussion, Councllmember Epstein WIthdrew the motIon. Councilmember . Epstein_ moved to contInue the matter and dIrect staff to report on alternatIves to the use of asbestos materIal for pIpe fIttIngs. Second by Councllmember Katz. WIth the consent of the second, Councllmember EpsteIn InCluded In the motIon directIon that the staff report at the meetIng of AprIl 23, 1985. The motion was approved by unanimous vote. 6-M: OIL DRILLING: Presented was a staff report transmittIng a resolutIon authorIZIng the g....antIng of $2,500 to No Oil, Inc., to aSSIst it In Its lItIgatIon ag a in st the CI ty of Los Angel es challengIng 011 drIllIng In PaCIfIc PalIsades. DISCUSSIon was 4 Apr 11 9, 1985 123 held. Councllmember EpsteIn moved to adopt Resolution No. 6999(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE GRANTING OF $2500 TO NO OIL, INC.," readIng by tItle only and waIvIng further readIng thereof, ~warding Contract No. 4435(CCS), and to authorize payment of the I $2,500 gran t to No 011, Inc. , from the non-departmental contIngency fund, Account Number 01-700-274-000-785. Second by Councilmember Conn. DIScussIon was held. The motion was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 6-0: CITY'S MEDICAL AND DENTAL PLANS: Presented wa s a staff report recommending that the CIty Manager be authorIzed to execute a professIonal serVIces agreement with Cal-Surance for consulting services regarding the CIty'S medical and dental plans. DiscussIon was held. Councllmember Epst~ln moved to approve the staff recommendatIon, thereby authorIzIng the CI ty Manager to execute a professIonal SerVICeS agreement, Contract No. 4437(CCS), with Cal-Surance providIng for a renewable year-to-year broker relationshIp regardIng the CIty'S medIcal and dental plans. Second by Councllmember Conn. The motion was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 7-A: GUTTER CONSTRUCTION AND STREET RESURFACING: Presented was a staff report regardIng a publIC hearIng on establIshIng a gutter constructIon and str eet resur fac lng d I str ic t on WIlshIre Boulevard between 21st Street and Centlnela. The publIC hearIng was declared open at 8:00 P.M. Members of the pUblIC Jean Uke and Bob GabrIel spoke in objection to street resurfacIng assessment costs proposed for property owners on the east side of 21st Street on Wilshire Boulevard when an earlIer dIstrIct on the west slde was not assessed. There beIng no one else wishIng to speak, Councilmember EpsteIn moved to acknowledge protests heard and close the publ ic. hear1 ngU at 8: 06 P. M. Second by Councilmember Conn. The motIon was approved by unanimous vote. Discusslon was held. CounCllmember Edwards moved to adopt Resolut Ion No. 7001 (CCS) en t I tl ed: If A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING ON WI LSHI RE BOULEVARD BETWEEN 21ST STREET AND CENTINELA," reading by tItle only and I wa i v ing further read ing thereof. Second by Caun C Ilmember Epstein. Further dIScussion was held. Mayor Reed moved an amendment that the resurfacIng aspect of thIS project be charged 1n the same manner east of 21st Street as It was west of 21st Street (the CIty would pay all the costs). The amendment faIled for lack of a second. The maIn motIon was approved by the follOWIng vote: 5 AprIl 9, 1985 I I 124 Council Vote: AffIrmative: Councilmembers Conn, Edwa~ds7 Epsteln7 Jennings, Katz and Zane Negative: Mayor Reed 8-A: OVERNIGHT OCCUPANCY OF VEHICLES/RESIDENTIAL NEIGHBORHOODS: Presented was a staff report transmitting an ordInance for IntroductIon and fIrst readIng addIng a sectIon to the MunICIpal Code to prohIbIt the occupancy of vehIcles In certain residentIal d lstr icts between the hours of 12: 00 A. M, and 5: 00 A, M, The publIC he ar lng was decl ared open at 8: 21 P. M. Member of the publIC Joy Fullmer spoke In oppositIon to the proposed ordInance. There being no one else WIshing to speak, Councilmember Epst~;tD moved to close the publIC hearIng at 8:25 P.M, Second by Councllmember Katz. The motIon was approved by unanImous vote. Councilrnember Epstein moved to introduce for fIrst readIng an ord lnance entl tl ed: "AN ORDINANCE OF THE CITY COUNC IL OF THE CITY OF SANTA MONICA ADDING SECTION 3358 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE OCCUPANCY OF VEHICLES IN CERTAIN RESIDENTIAL DISTRICTS BETWEEN THE HOURS OF 12: 00 A. M. AND 5: 00 A.M.," readIng by title only and waIving further reading thereof. Second by Mayor Reed. DISCUSSIon was held. The motIon was approved by the follOWIng vote: CounCIl Vote: AffIrmatIve: Councllmembers Conn, Epstein, JennIngs, Zane and Mayor Reed NegatIve: Councllmembers Edwards and Katz 8-8: PAWNBROKERS/SECONDHAND DEALERS: Presented was a staff report t~ansmItting an ordInance for adoptIon and second readIng amendIng the MunIcipal Code relating to Pawnbrokers and Secondhand Dealers7 haVIng been Introduced March 26, 1985. Mayor Reed moved to adopt OrdInance No. 1336(CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 8 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PAWNBROKERS AND SECONDHAND DEALERS," readIng by title only and waIVIng further readIng thereof. Second by Councllmember Zane. The motion was approved by the follOWIng vote: CounCIl Vote: AffIrmatIve: Councllmembers Conn, Edwards, JennIngs, Zane and Mayor Reed Negative: Councllmembers EpsteIn and Katz 10-A: SOCIAL SECURITY LEGISLATION: Presented was a report from the CommIssion on Older AmerIcans requestIng that CounCIl send resolutions to Congress In favor of H. Res. 31 and H. Con. Res. 39 WhICh are efforts to CIrcumvent the drIve to freeze Social SecurIty. Ruth RobInson, member of the CommISSIon on Older 6 AprIl 9, 1985 125 Americans, spoke to request that CouncIl communicate support of the two aforementIoned bIlls. DIScussIon was held. Councllmember Zane moved that CouncIl support the request of the CommIssion on Older AmerIcans. Second by Councllmember Edwards. DurIng dIScussIon and wIth the consent of the second, I Councllmember Zane clarIfIed the motIon IndIcating that the CouncIl IS in support of the two bIlls and that it be a JOInt posi tion of the CouncIl and the CommissIon on Older AmerIcans commun lcated to the relevant partIes In Wa shington, D. C. Mayor Reed further clarifIed the motion indicating that the CouncIl take a posi tlon In support of the two bIlls and also authorIze the CommIssion on Older Americans to communIcate that posItIon. DiscussIon was held. The motIon was approved by the followIng vote: CouncIl Vote: AffIrmatIve: Councllmembers Conn, Jennings, Katz and Zane Edwards, NegatIve: Councilmember Reed EpsteIn and Mayor Councllmember Epstein requested the record reflect hIS negative vote In that he belIeves thIS Issue needs to be consIdered In the context of the federal budget as a whole. 10-B: OPEN SPACE ELEMENT AND ECONOMIC DEVELOPMENT ELEMENT: Presented was a communIcatIon from the PlannIng CommiSSIon regarding updating the Open Space Element and preparatIon of an EconomIc Development Element. DISCUSSIon was held. Councllmember EpsteIn moved to dIrect staff to consIder thIS communIcatIon in presenting ItS draft budget to Council, Second by CouncIlmember Katz. DIScussion was held. WIth the consent of the second, Councllmember EpsteIn Included in the motIon Councllmember Zane's suggestion that the staff analysis consIder the concerns expressed by CouncIl. The motIon was approved by. unanImous vote. Councllmember Conn moved to hold a recess at 9:15 P.M. Second by Councllmember Epstein. The motIon was approved by unanImous vote. Council reconvened at 9:28 P.M. wIth all members present. 11-A: LATINO INVOLVEMENT IN CITY SPONSORED ACTIVITIES: Presented was a staff report on proposals developed by the Latlno I AdVIsory Coroml ttee and recommendatIons for related programs and expendl tures to Increase LatIno Involvement In CI ty sponsored activIties. DISCUSSIon was held. ~ouncilmember EpsteIn moved to approve the staff recommendatIon, thereby authorIzIng the expendl ture of $2,000 for translatIon serVlces for Fiscal Year 1984-85 from account #01-700-271-000-411 and authorlzlng the CIty Manager to enter into a contract for such serVIces; dl"'ectlng staff to evaluate the followIng issues In the context of the 7 Aprll 9, 1985 I I 126 1985-86 budget: a) establIshment of an AffIrmatIve Action OffIcer pOSI tion, b) contract for transl atlon serVIces for all CIty departments, c) study of modIfIcations to the Rule of Three (regardIng personnel recrUItment), d) aSSIstance to departmen ts to improve outreach to LatIno Commun i ty, e) hIring of bIlIngual Recreational SpeCIalIst, f) abIlity of funded agencies to prOVIde serVIces and outreach to SpanIsh-speakIng reSIdents j and dIrectIng CIty staff to continue to monitor progress in thIS area and provlde an update on serVIces to the LatIno community In December, 1985; such an update to Include IdentIfIcatIon of CIty departments which would benefIt from a multI-year plan of actlon and the goals of such a plan. Second by Councilmember Conn. The motIon was approved by the follOWIng vote: Council Vote: UnanImously approved 7-0 11-B: CLOSED SESSION: Held later In the meetIng. 11-C: SHELL OIL COMPANY CRUDE OIL PIPELINE: Presented was a staff report concernIng Shell 011 Company's request that the City grant a renewed eaSement for the crude oil pipelIne WhICh runs beneath the CIty'S streets. DISCUSSIon was held. N1.le Kinney, attorney representIng Shell Oil Company, informed Council that theIr company had receIved the staff report and would be communIcatIng a pOSItion after reVIew of the matter. D1Scussion was held. Councllmember EpsteIn moved to approve the staff recommendation, thereby authorIzing a new valuatIon of the pIpelln e easemen t to be obta lned and d I rec tl ng an Env ironmental Impac t Report to be prepared; and author I zing the trans fer of $35,000 from Account No. 01-700-274-000-785 (Non-Departmental ContIngency Account) to Account No. 01-1~O-231-000-506 (City Attorney ProfeSSIonal SerVIce Account) for payment of the valuatIon and EIR; and adoptlng Resolutlon No, 7002(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INITIATING PROCEEDINGS TO DETERMINE WHETHER OR NOT AND UPON WHAT TERMS A FRANCHISE SHOULD BE GRANTED TO SHELL OIL COMPANY FOR THE TRANSPORTATION OF CRUDE OIL BENEATH CITY STREETS," readIng by title only and waIVIng further readlng thereof. Second by Councllmember Katz. The motIon was approved by the followlng vote: CounCIl Vote: Unanlmously app~oved 7-0 12-A: CONDOMI NI UM PROJECT/922 LINCOLN BOULEVARD: Cont lnued to AprIl 23, 1985, by agreement between appellant and CIty staff. 13-A: COUNTY HEALTH SERVICES: Presented was the request of EmIly K. Abel, Chair of the Coalltlon, to address Councll requesting endorsement .of the Santa Mon1.ca Area Health Action CoalItIon Posltion Paper about County health serVIces, Ms. Abel spoke to request that addItional County health services be 8 Apr 11 9, 1985 127 provided. DIScussIon was held. Douglas Steele, Deputy Director of the Los An geles Coun ty PublIC Heal th Programs, responded to questIons regardIng the County's Public Health Programs. Further dIScussion was held. ~a yor Pro Tempore J enn Ings moved to urge the County to Improve traInIng for its personnel wIth respect to the If ablll ty-to-pay" pI an. Second by Councllmember Conn. DISCUSSIon was held. The motIon was approved by unanimous vote. ~ayor Pro Tempore JennIngs moved to urge the County to adopt a more fleXIble schedule for the Health care centers, so the centers wlll be open at least some evenings on weekdays or on a weekend day. Second by Councilmember Katz. The motion was approved by unanimous vote. I DIScusslon was held. Councllmember Zane moved to dIrect staff, includ ing the CI ty At torney's OffIce, to rev Iew the Coal 1 t lon's POSl tlon Paper and report to CounCIl. Second by Coune Ilmember Conn. DIScussion was held. Mayor Pro Tempore JennIngs moved a substItute motion to refer the POSItIon Paper to the Social SerVIces Commission and the WorkIng Group on the Homeless for their Input as to possIble further actIons by CounCIl. Second by Councilmember Edwards. The subStl tute motIon was approved by unanImous vote. At 10:43 P.M., CouncIlmember Conn moved to extend the meetIng to 11:30 P.M. The motIon was duly seconded and approved by unanImous vote. 14-A: HOMELESS LEGISLATION: Presented was the request of CouncIlmember EpsteIn to discuss support of certaIn staff legIslatlon on the Homeless. Councllmember Epst~ln lntroduced dIScussion and moved that CounCIl take a support pOSItIon on the follOWIng bills: regard Ing AB 146 (N aylar) wh ich prOVIdes $7 milllan far Cauntles to aId homeless, elderly, and disabled persons In makIng shelter payments on a one-tIme baSIS; AB 1929 (Bates) WhICh appreprlates $1 mllllen for grants to lecal governments or nonprofits for temporary shelter serVIces; AB 1996 (Waters) WhICh authorlzes $10 million for 3-year grants to nonprofl ts WhICh previde aSSIstance to the homeless, Including shelter; AB 1995 (Waters) WhICh repeals reSIdency reqUIrements fer General ASSIstance, speCIfically as to its prOVIsions that County responsIbIlIty under Welfare and InstitutIons Code Section 17000 Includes emergency shelter for the homeless and limits work I reqUIrements for general relief reCIpIents to minImum wage rates; SB 466 (Watson) WhICh Increases AFDC "Immediate need" grants to $250 so familIes can obtaIn shelter, and also appropriates funds to countIes sa such famIlies may obtaIn hOUSIng; SB 938 (L. Greene) which appropriates $10 mIllion to the Emergency Shelter Program, providing 2,248,800 "person shelter days"; and SB 1034 (Green e) WhICh requ I res that cemmun 1 ty mental health programs Include aSSIstance to the homeless mentally III as a goal. 9 Apr 11 9, 1985 I I 128 Councilmember Epstein further moved that CounCil communIcate Its posItion to the CIty lobbYIst to contInue to work on legislatIve efforts In behalf of the homeless and mentally Ill. Second by Councllmember Edwards. The motion was approved by unanImous vote. 14-B: TORT LIABILITY LAWSUITS: Presented was the request of Mayor Reed to dISCUS S support for SB 639 and AB 1053 regard Ing tort lIabIlity laWSUIts. Mayor Reed Introduced dIScussIon regardIng SB 639 and AB 1053 WhICh prOVIde, In the case of tort lIabIlity lawsuits wIth more than one defendant, that no publIC agency defendant shall pay a share of the Judgement greater than the agency's share of the faul t. Mayor Reed moved that CounCIl take a support pOSI tIon on the aforementIoned bills. Second by Councllmember Edwards. DIScussIon was held. The motion was approved by a vote of SIX in favor, Councllmember EpsteIn opposed. 14-C: PIER CAROUSEL FAMILY PASS/KCRW ANNUAL SUBSCRIPTION CAMPAIGN: Presented was the request of f-1ayor Reed to dISCUSS contrIbution of a famIly pass to Santa MonIca PIer Carousel as a premIum In KCRW's annual subscrIption campaign. DurIng dISCUSSIon, Mayor Reed moved to authorIze staff to grant a pass to a famIly to be given to KCRW so they may use It as a prIZe In theIr annual subscrIption campaIgn. Second by Councllmember Katz. The motIon was approved by unanImous vote. 14-D: RIDESHARING VANPOOL VEHICLES: presented was the request of Mayor Reed to dISCUSS AB 1020 which would exempt rIdesharIng vanpool vehIcles from payment of motor vehIcle lIcense in-lIeu tax. Mayor Reed Introduced dISCUSSIon regardIng AB 1020 WhICh provides a waIver of vehicle lIcense fee for large vans which are used for vanpools and carpoolIng. Mayor Reed moved that CounCIl take a support pOSl tlon on the a forementloned bIll. Second by Councilmember EpsteIn. The motion was approved by unanImous vote. 14-E: ROAD MAINTENANCE/PUBLIC TRANSPORTA TrON FUNDS: Presented was the request of Counc1lmember EpsteIn and Mayor Reed to dISCUSS support for SB 290 (Foran B1ll) which would fInance support for road maIntenance and publiC transportatlon out of an Increase In the gasoline tax. During dIScUSSIon, Councilmember Epstein moved that Council take a support position on the aforementIoned bIll and communIcate the pOSItIon to the CIty lobbYISt. Second by Mayor Reed. DISCUSSIon was held. The motIon was approved by unanImous vote. 14-F: USE OF COUNCIL CHAMBERS: Presented was Mayor Reed to discuss waIving the fee for use Chambers by the Assembly LegISlatIve Task Force Bay, FrIday, May 17, 1985. ~ayor Reed moved the request of of the CounCIl on San ta Mon lca to approve the 10 AprIl 9, 1985 129 request. Second by Councllmember Edwards. approved by unanimous vote. The motion was 14-G: ANTI-RENT CONTROL AND ANTI-DEMOLITION CONTROL STATE LEGISLATION: Presented was the request of Councllmember lane to I dISCUS S proposed an ti-ren t con trol and an tl-demoll tion control State legislatIon beIng considered In Sacramento. DurIng discussion, Councllmember lane requested and, there being no objectIon, the matter was contInued to AprIl 23, 1985 (as a "5" Item) to allow tIme for reVIew of the bills. (See Item 14-G reconSIdered after 14-H.) 14-H: COMMISSION ON THE STATUS OF WOMEN: Presented was a letter of resIgnatIon from CommIssion on the Status of Women Member Theresa Gomez. Councllmember lane Informed Counc 11 that CommIssIon on the Status of Women Member Lauren Vlrshup had delIvered a letter of resignatIon to hIm. Councllmember EpsteIn moved to add to the agenda a letter of resIgnatIon from Lauren Vlrshup, member of the CommIssIon on the Status of Women. The motIon was duly seconded and approved by unanimous vote. Councl1member lane, who had receIved the letter, read It Into the record. Councllmember Conn moved to accept both letters of resignatIon' WIth regret and authorIzed the Cl ty Clerk to publISh a notice InvitIng applIcatIons to fIll the vacanCIes. Second by Councllmember Katz. The motIon was approved by unanImous vote. 14-G; ANTI-RENT CONTROL AND ANTI-DEMOLITION CONTROL STATE LEGISLATION: Councllmember EpsteIn moved to reconsIder the contInuIng of S8 505 and to consider the Item at thIS time (all other 1" el ated bIlls to be cons idered on Apr il 23, 1985 as a "5" Item on the agenda), Second by Councilmember Zane. The motion was approved by unanimous vote. CounCllmember lane introduced dISCUSS Ion regard Ing SB 505 (E III s) which would prohlb it any publIC agency from enactIng legislatIon or to so administer such legIslatIon, to compel the owner of any resIdential real property to offer or to contInue to offer, accommodatIons In such property for rent or lease, Councllmember lane moved that CounCil take a pas i tion In oppos i t ion to the aforemen tioned bIll. Second by Councilmember Edwards. DIScussIon was held. The motion was approved by the follOWing vote: CounCIl Vote; UnanImously approved 7-0 I 14-1: HYPER ION SEWAGE PLANT: Presented was the request of Mayor ft~ed to dISCUSS a proposed "301-H" waIver of the Hyperlon Plant from secondary sewage treatment requirements. Mayor Reed Introduced dISCUSSIon regardIng the CIty of Los Angeles' seeking a waiver of an existIng federal requirement that the Hyperion pI an t be at full second ary. By concensus of Co un c 11, sta ff was d lrected to investIgate, report and present a recommendatIon at the Ap!"il 23, 1985 meetlng, In order that CounCIl can make a 11 AprIl 9, 1985 I I 130 determinatIon about gIving test Imon y at the next Reg 10nal Wa ter Board hearIng In May 1985, on thIS subject. 11-B: CLOSED SESSION: Presented was a request for Closed SeSSIon for the purpose of consIderIng personnel matters and threatened 11 tigatlon, pend 109 11 tigatIon and 11 tlgatlon to be commenced by the Cl ty. At 11: 17 P. M., Coune Ilmember Conn moved to adjourn to Closed SessIon to conSIder the followIng pendIng cases: CalIfornIa AVIatIon VS. CIty of Santa MonIca, United States District Court Case No. CV 84-6985 (CMB) (Bx) and Los Angeles Super lor Court Case Number C 306538; Nelson vs. Ci ty of Santa MonIca, ClaIm No. MBL 84-10-110; Guerrero vs. CIty of Santa MonIca, ClaIm Number MBL 84-10-112; Betton vs. CIty of Santa MonIca, Santa MonIca SuperIor Court Case Number WEC 884121; and Banuelos vs, CIty of Santa MonIca, Santa MonIca SuperIor Court Case Number WEC 064167, Second by CouncIlmember EpsteIn. The motIon was approved by unanImous vote. CouncIlmember Conn moved to extend the meetIng to 11: 45 P. M, Second by Councllmember Epstein. The motIon was approved by unanimous vote. CouncIl reconvened at 11:26 P.M. with all members present. Councllmember Conn moved to approve settlement In the case of Betton VS CIty In the amount of $10,615. Second by Councilmember Epstein. The motion was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 Councllmember Conn moved to approve settlement in the case of Nelson vs. CIty in the amount of $3,000. Second by CouncIlmember Katz, The motion was approved by the following vote: CouncIl Vote: Unanimously approved 7-0 Councllmember Epstein moved to approve settlement of plaIntIff's claIms In the case of Banuelos vs, City, plaintIff EsquIvel In the amount of $10,000 and plaIntIff Banuelos In the amount of $ 4,500. Second by Counc Ilmember Conn. The motIon was approved by the following vote: Council Vote: UnanImously approved 7-0 ADJOURNMENT: At 11:28 P.M., Councllmember Katz moved to adjourn the meeting 1n memory of Joann Kelso Roberts, longtIme wrIter for the Santa Monlca EvenIng Outlook. Second by Councllmember EpsteIn. The motIon was approved by unanimous vote. ATTEST: /} " ,,/ " I. i;; 0-,1.;"/ I__/L~f""--:;-\ 'I ~/I/P--,' Ann M. Shore CIty Clerk APPROVED: II D .~.J ,/Q.. L ~ ~ristlne E. Reed Mayor 12 April 9, 1985