CITY OF SANTA MONICA

CITY COUNCIL MINUTES

DECEMBER 22, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 6:25 p.m., on Tuesday, December 22, 1998, at the Main Library Auditorium, 1343 6th Street.

Roll Call:

Present:
Mayor Pam O'Connor
Mayor Pro Tem Ken Genser
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown

Absent: Councilmember Paul Rosenstein

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

CLOSED SESSIONS: At 6:25 p.m., Council adjourned to Closed Session to consider the following:

16-H: Conference with Legal Counsel - Anticipated Litigation:

Number of cases: Three

ACTION: No reportable action taken.

RECONVENE/PLEDGE Council reconvened at 7:15 p.m., with all Councilmembers present. Councilmember Feinstein led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

CONTINUED ITEMS:

5-A: SETTING OF A SPECIAL ELECTION: Presented was an ordinance for second reading and adoption relating to the setting of a special election for the purpose of filling an unscheduled vacant seat on the City Council; a resolution for adoption calling the special election to be held over a two-day period on April 24-25, 1999; a resolution for adoption requesting election services from the County of Los Angeles; a resolution for adoption authorizing election services, supplies and equipment from Martin & Chapman Company; a resolution for adoption ordering the canvass of the special election be made by the City Clerk; and the recommendation to review and approve election procedures and funding.

Member of the public Lou Bach spoke in opposition to a two-day election and suggested a vote-by-mail election. There being no other speakers, on order of the mayor, the public hearing was closed.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Ordinance No. 1930(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.180 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE SETTING OF SPECIAL ELECTIONS," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: Councilmember Holbrook

Absent: Councilmember Rosenstein

Staff answered questions from Councilmember Holbrook, after which he requested that his vote be changed from "no" to "aye" for the following final vote:

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

Noes: None

Absent: Councilmember Rosenstein

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem Genser, to adopt Resolution No. 9353(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SATURDAY, APRIL 24, 1999 AND SUNDAY, APRIL 25, 1999 FOR THE ELECTION OF A CITY COUNCILMEMBER TO FILL A VACANCY AS REQUIRED BY THE CITY CHARTER," reading by title only and waiving further reading thereof.

Motion by Councilmember Feinstein, accepted as friendly, to amend his motion to include adoption of: Resolution No. 9354(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SATURDAY, APRIL 24, 1999 AND SUNDAY, APRIL 25, 1999," reading by title only and waiving further reading thereof;

Resolution No. 9355(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION BE MADE BY THE CITY CLERK," reading by title only and waiving further reading thereof; and

Resolution No. 9356(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION," reading by title only and waiving further reading thereof. The motion, as amended, was approved by the following vote:

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

Noes: Councilmember Holbrook

Absent: Councilmember Rosenstein

Councilmember Holbrook requested that the record reflect his belief that an election held over two days is one day too many, would be problematic, is more expensive, will not improve the quality of democracy, and probably have the same results as a one-day election.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to appropriate $125,000 from the General Fund for funding the special election.

Motion by Councilmember Feinstein, accepted as friendly, to amend his motion to appropriate $137,800 from the General Fund for funding the special election. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Rosenstein

Motion by Mayor Pro Tem Genser, seconded by Councilmember Feinstein, to first utilize remaining funding, if any, from the 1998 Elections account and fund the $20,000 balance through the Council Contingency Account. The motion was approved by the following vote:

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

Noes: Councilmember Holbrook

Absent: Councilmember Rosenstein

ORDINANCES:

8-A: PUBLIC WORKS CONTRACTING SECTIONS OF SANTA MONICA MUNICIPAL CODE: The ordinance was presented for second reading and adoption.

Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to adopt Ordinance No. 1931(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.24.071 RELATING TO PUBLIC WORKS CONTRACTS," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmember Rosenstein

WRITTEN COMMUNICATIONS:

Councilmember Holbrook was excused at 7:58 p.m.

13-A: PROPOSED RELOCATION OF RESTROOM IN PALISADES PARK: Presented was the request of Suzanne Caplan and Monica Witt, representing Hotel Oceana, to address Council regarding the City's plan to relocate a restroom in Palisades Park.

The following members of the public spoke in opposition to the location of the restroom at the site currently proposed: Herb LaFair, Sunny Lee, Stan Caplan, David Stauber, Emily Hadash, Paul Fine, Ramon Estevez, Aaron Carol, Clark Carwell, John McKee, Elizabeth Druly, James Lippman, Scott Lord, Peter Milton, and Vicky Howard. Member of the public Brian Hutchings expressed his concerns.

Motion by Mayor Pro Tem Genser, seconded by Councilmember Feinstein, to hear late speakers for one minute each. The motion was unanimously approved, Councilmembers Holbrook and Rosenstein absent.

The following members of the public spoke in opposition to the location of the restroom at the site currently proposed: Robin Waner and Lou Art.

Motion by Mayor Pro Tem Genser, seconded by Councilmember McKeown, to direct staff to suspend construction at the site, to ask staff to explore options for locating the restrooms in the area between the current location and the historical arches; analyze every possible siting; address process issues, environmental impact issues, and any other issues necessary; direct staff to explore financial arrangements and other pertinent matters with Oceana Hotel; and ask staff to return to Council as quickly as possible with this information. The motion was unanimously approved by voice vote, Councilmembers Holbrook and Rosenstein absent.

13-B: PREFERENTIAL PARKING: Presented was the request of Jeff Gilbert and Rick Laudati, co-Chairs of OPCO Executive Board, to address Council on the subject of preferential parking.

Member of the public Brian Hutchings spoke in general opposition to preferential parking. On order of the Mayor, the information was received and filed.

13-C: UNLAWFUL EVICTION: Presented was the request of Betty Halperin to address Council regarding an unlawful eviction.

Member of the public Brian Hutchings suggested that this issue be referred to the Rent Control Board. On order of the Mayor, the information was received and filed.

15: PUBLIC INPUT: Member of the public Brian Hutchings discussed foreign and domestic policy. Member of the public Pro Se conveyed his gratitude to various entities and individuals.

CLOSED SESSIONS: At 9:54 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Elsie Joseph v. City of Santa Monica, Case No. SC 050 259.

Motion by Councilmember Feinstein, seconded by Mayor O'Connor, to approve settlement in the amount of $33,715.28. The motion was approved by the following vote:

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

Noes: None

Absent: Councilmembers Holbrook, Rosenstein

16-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SS 005191.

ACTION: Heard. No action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 184-061.

ACTION: Heard. No action taken.

16-D: Conference with Legal Counsel - Existing Litigation: California Attorneys for Criminal Justice (McNally) v. Butts, et al., Case No. CV 95-8634.

ACTION: Heard. No action taken.

16-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Lu, Case No. SC 055 342.

ACTION: Heard. No action taken.

16-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Weinberg, Case No. BC 192 158.

ACTION: Heard. No action taken.

16-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Kardashian, Case No. BC 121 315.

ACTION: Not heard.

ADJOURNMENT: At 10:30 p.m., the meeting was adjourned to January 12, 1999, in memory of Jose Gonzales.

ATTEST:
Maria M. Stewart,
City Clerk

APPROVED:
Pam O'Connor,
Mayor