CITY OF SANTA MONICA

CITY COUNCIL MINUTES

DECEMBER 8, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 7:20 p.m., on Tuesday, December 8, 1998, in the Council Chambers.

Roll Call:

Present:
Mayor Robert T. Holbrook
Mayor Pro Tem Pam O'Connor
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Paul Rosenstein

Also Present:
City Manager John Jalili
City Attorney Marcia Jones Moutrie
City Clerk Maria M. Stewart

PLEDGE Councilmember Ebner led the assemblage in the Pledge of Allegiance to the Flag of the United States of America and the Santa Monica High School Viking Band played the Star Spangled Banner.

INSPIRATION: A moment of inspiration was provided by the Santa Monica High School String Quartet.

3-A: RESOLUTION ADOPTING RESULTS OF THE NOVEMBER 3, 1998, MUNICIPAL ELECTION: Presented was the staff report recommending adoption of a resolution certifying the results of the Los Angeles County Registrar Recorder's Official Canvass and Official Statement of Votes Cast for the Consolidated Municipal Election held on November 3, 1998, and declaring the results thereof.

Member of the public Joy Fullmer expressed her concerns.

Motion by Councilmember Genser, seconded by Councilmember Ebner, to adopt Resolution No. 9345(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE LOS ANGELES COUNTY REGISTRAR RECORDER/COUNTY CLERK'S OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998, AND DECLARING THE RESULTS THEREOF," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein, Ebner, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: None

ADJOURNMENT OF COUNCIL AS CONSTITUTED: Mayor Holbrook adjourned the Council, as constituted. and turned the meeting over to City Clerk Stewart.

3-B: ADMINISTRATION OF OATH OF OFFICE TO NEW MEMBERS OF THE SANTA MONICA COLLEGE BOARD OF TRUSTEES: City Clerk Stewart announced the newly-elected members of the Santa Monica College Board of Trustees, presented the Certificate of Election, and administered the Oath of Office to Nancy Cattell, Dorothy Ehrhart-Morrison, Carole Currey, and Herb Roney.

3-C: ADMINISTRATION OF OATH OF OFFICE TO NEW SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION MEMBERS: City Clerk Stewart announced the newly-elected members of the District Board of Education, presented the Certificate of Election, and administered the Oath of Office to Julia Brownley, Brenda Gottfried, Pam Brady, and Tom Pratt.

3-D: ADMINISTRATION OF OATH OF OFFICE TO NEW SANTA MONICA RENT CONTROL BOARD MEMBERS: City Clerk Stewart announced the newly-elected members of the Santa Monica Rent Control Board, presented the Certificate of Election, and administered the Oath of Office to Betty S. Mueller, Alan Toy, and Bruria Finkel.

3-E: ADMINISTRATION OF OATH OF OFFICE TO NEW SANTA MONICA CITY COUNCIL MEMBERS: PAM O'CONNOR, KEVIN McKEOWN, AND BOB HOLBROOK: City Clerk Stewart announced the newly-elected members of the Santa Monica City Council, presented the Certificate of Election, and administered the Oath of Office to, Pam O'Connor, Kevin McKeown, and Bob Holbrook.

CONVENING OF NEW CITY COUNCIL: ROLL CALL

City Clerk Stewart called the newly constituted City Council to order for roll call.

Roll Call:

Present:
Councilmember Kevin McKeown
Councilmember Paul Rosenstein
Councilmember Ken Genser
Councilmember Michael Feinstein
Councilmember Pam O'Connor
Councilmember Robert T. Holbrook

3-G: ELECTION OF MAYOR: City Clerk Stewart opened the floor to nominations for Mayor. Councilmember Feinstein nominated Councilmember O'Connor to serve as Mayor for the first year and Councilmember Genser to serve as Mayor for the second year, with each serving as Mayor Pro Tem in the alternating year. There being no other nominations, nominations were closed. On a call for the vote, the nominations were unanimously approved, Councilmember Rosenstein abstaining.

ADDITION OF EMERGENCY ITEM

Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to add Item No. 14-B, requesting approval to extend the operating hours of Pacific Park for one hour on Thursday, December 10, 1998, to the agenda, noting that the need to take action arose subsequent to the posting of the agenda. The motion was approved by voice vote, Councilmember Genser opposed.

SPECIAL AGENDA ITEMS:

4-A: EMERGENCY ORDINANCE SETTING AN ELECTION DATE AND NECESSARY RESOLUTIONS CALLING A SPECIAL ELECTION FOR THE PURPOSE OF FILLING THE VACANT SEAT LEFT BY COUNCILMEMBER GREENBERG'S RESIGNATION: Presented was an emergency ordinance setting an election date and necessary resolutions calling a special election for the purpose of filling the vacant seat left by Councilmember Asha Greenberg's resignation.

Members of the public Joy Fullmer and Brian Hutchings expressed their concerns.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem Genser, to adopt the urgency ordinance and necessary resolutions and conduct the election over a two-day period, on the weekend of April 24th and 25th, 1999.

Substitute motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to hold the election on Tuesday, April 27, 1999. The motion failed by the following vote:

Ayes: Councilmembers Rosenstein, Holbrook

Noes: Councilmembers McKeown, Feinstein, Mayor Pro Tem Genser, Mayor O'Connor

Absent: None

The main motion, requiring a two-thirds vote, failed by the following roll call vote:

Ayes: Councilmembers Feinstein, Genser, McKeown, Mayor O'Connor

Noes: Councilmembers Rosenstein, Holbrook

Absent: None

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem Genser, to agendize this issue as the first item on December 15, 1998 meeting as an ordinance for first reading setting election dates for April 24 and April 25, 1999 (Saturday and Sunday election). The motion was unanimously approved by voice vote.

SPECIAL JOINT MEETING

At 9:25 p.m., a Special Joint City Council/Redevelopment Agency Meeting was convened.

Redevelopment Agency

Roll Call: Present: Chair Pam O'Connor

Chair Pro Tem Ken Genser

Agency Member Michael Feinstein

Agency Member Robert T. Holbrook

Agency Member Kevin McKeown

Agency Member Paul Rosenstein

Also Present: Executive Director John Jalili

Agency Attorney Marcia Jones Moutrie

Agency Secretary Maria M. Stewart

CC/RA-1: REVISED PICO BOULEVARD STREETSCAPE IMPROVEMENT PROJECT: Presented was the report on action taken relative to the revised Pico Boulevard Streetscape Improvement Project.

On order of the Mayor, the information presented was received and filed.

ADJOURNMENT At 9:27 p.m., the special joint meeting of the City Council/Redevelopment Agency was adjourned and the City Council Meeting was reconvened.

STAFF ADMINISTRATIVE ITEMS:

9-A: RESOLUTION REVISING FILM PERMIT REGULATIONS IN COMMERCIAL AREAS DURING THE HOLIDAY SEASON: Presented was the staff report recommending adoption of a resolution revising film permit regulations in commercial areas during the holiday season.

On order of the Mayor, the public hearing was opened. Member of the public Joy Fullmer expressed her concerns. There being no other speakers, the public hearing was closed.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Resolution No. 9346(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING THE COMMERCIAL FILMING OF CITY PROPERTY AND REPEALING RESOLUTION NUMBER 8410(CCS)," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Rosenstein, McKeown, Holbrook, Mayor Pro Tem Genser, Mayor O'Connor

Noes: None

Absent: None

COUNCILMEMBER DISCUSSION ITEMS:

14-A: LOW-POWER RADIO STATION LICENSING BY FEDERAL COMMUNICATIONS COMMISSION: Presented was the request of Councilmember Feinstein to address Council regarding adoption of a resolution encouraging local low-power radio station licensing by the Federal Communications Commission. Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to adopt Resolution No. 9347(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENCOURAGING LOCAL LOW-POWER RADIO STATION LICENSING BY THE FEDERAL COMMUNICATIONS COMMISSION," reading by title only and waiving further reading thereof.

The motion was unanimously approved by voice vote.

14-B: EXTENSION OF OPERATING HOURS OF PACIFIC PARK: Presented was the emergency request of Councilmember Holbrook to address Council regarding approval to extend the operating hours of Pacific Park for one hour, from 9:00 p.m. to 10:00 p.m., on Thursday, December 10, 1998.

Member of the public Lylle Breier discussed the circumstances surrounding this request. Member of the public Ellen Brennan spoke in support of the extension of operating hours in this instance due to mitigation measures being taken to reduce noise impacts to the neighbors. Member of the public Jerry Rubin suggested that the function necessitating the request begin one hour earlier.

Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to honor the film permit that was issued by the City thereby extending the Park's operating to 10:00 p.m.

Motion by Councilmember McKeown, accepted as friendly, to amend the motion to state that Council does not intend to set a precedent by making such an exception and to in some way rebuke the responsible parties for misleading the company. Motion by Councilmember Feinstein, accepted as friendly, to communicate the above to the Pier Restoration Corporation.

Lylle Breier, representing Disney, stated for the record that the applicant intends to abide by all the conditions, including the traffic mitigation measures, not operating the "Sea Dragon," and having no amplified music at the park.

The motion, as amended, was approved by voice vote, Mayor Pro Tem Genser opposed.

15: PUBLIC INPUT: Member of the public Dan Ehrler congratulated the re-elected and newly-elected council members.

ADJOURNMENT: At 10:31 p.m., the meeting was adjourned to December 15, 1998, at 6:15 p.m., at the Main Library Auditorium, in memory of Marianna Lichtig and Betty Rubin.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Pam O'Connor

Mayor