M-12/22/1998
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 22, 1998
A regular meetmg of the Santa Momca CIty CouncIl was called to order by Mayor O'Connor at
625 pm, on Tuesday, December 22, 1998, at the Main LIbrary AudItonum, 1343 6th Street
Roll Call
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
CouncIlmember MIchael F emstem
CouncIlmember Robert T Holbrook
Councdmember Kevlll McKeown
Absent
CouncIlmember Paul Rosenstem
Also Present
CIty Manager John Jahh
City Attorney Marsha Jones Moutne
City Clerk Mana M Stewart
CLOSED SESSIONS
CLOSED SESSIONS At 6 25 pm, CouncIl adjourned to
Closed SeSSIOn to consider the followmg
16-H Conference with Legal Counsel- Anticipated
Litigation
Number of cases Three
ACTION
No reportable actIon taken
RECONVENEIPLEDGE Councd reconvened at 7 15 pm, with all Counctlmembers
present Counctlmember Femstein led the assemblage m the
Pledge of AllegIance to the Flag of the Umted States of Amenca
CONTINUED ITEMS
SPECIAL ELECTION
5-A SETTING OF A SPECIAL ELECTION Presented was
an ordmance for second readmg and adoptIon relating to the
settmg of a speCIal electIon for the purpose of filltng an
unscheduled vacant seat on the CIty CouncIl, a resolutIOn for
adoption calhng the speCIal election to be held over a two-day
period on ApnI24-25, 1999, a resolutIon for adoptIon requestmg
electIOn servIces from the County of Los Angeles, a resolution
for adoptIon authonzmg electIon servIces, supphes and
eqUIpment from Martin & Chapman Company, a resolutIon for
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December 22, 1998
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adoptlOn ordenng the canvass of the specIal electIon be made by II
the CIty Clerk, and the recommendation to reVIew and approve
electlOn procedures and fundmg
Member of the public Lou Bach spoke m OppOSItIon to a two-day
elecnon and suggested a vote-by-mail elecnon There bemg no
other speakers, on order of the mayor, the pubhc heanng was
closed
Monon by Councllmember F emstem_ seconqed by
Councdrnember Genser. to adopt Ordmance No 1930(CC5)
entitled "AN ORDINANCE OF THE CITY COL'NCIL OF
THE CITY OF SANTA MONICA ADDING SECTION
II 04 180 TO THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE SETTING OF SPECIAL ELECTIONS,"
readmg by tItle only and walvmg further readmg thereof The
motlOn was approved by the followmg vote
Ayes
Councllrnembers Femstem, McKeown, Mayor Pro Tern
Genser, Mayor 0' Connor
Counctlmember Holbrook
Counctlmember Rosenstem
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Noes
Absent
Staff answered questIOns from Councilmember Holbrook, after
WhICh he requested that hiS vote be changed from "no" to "aye"
for the followmg final vote
Ayes
CouncIlmembers Femstem, McKeown, Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
None
Counctlmember Rosenstem
Noes
Absent
Motion by Councllmember Femstem_ seconded by Mayor Pro
Tern Genser, to adopt Resolutton No 9353(CCS) enntled "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
V ACANCY AS REQlJlRED BY THE CITY CHARTER,"
reading by title only and waivmg further reading thereof
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December 22. 1998
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MotlOn by Counctlmember Femstem. accepted as fnendly, to
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amend his motIon to Include adoptIon of ResolutIon No
9354(CCS) entItled "A RESOLUTION OF THE CITY OF
SANT A 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
A1\i'D SUNDAY, APRIL 25, 1999," readmg by utle only and
waivIng further readmg 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
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ResolutlOn 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 Mffi'.IICIP AL
ELECTION," readmg by tItle only and walvmg further readIng
thereof The motIon, as amended, was approved by the
followmg vote
Ayes
CouncIlmembers FeInsteIn, McKeown, Mayor Pro T em
Genser, Mayor O'Connor
CouncIlmember Holbrook
Counctlmember RosensteIn
Noes
Absent
CouncIlmember Holbrook requested that the record reflect hIS
behef that an electIon held over two days is one day too many,
would be problematic, IS more expensive, Will not Improve the
quahty of democracy, and probably have the same results as a
one-day elemon
Motton by CouncIlmember Femstem. seconded by
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Counctlmember Genser, to appropnate $125,000 from the
General Fund for fundIng the special electIon
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Motton by Councllmember Feinstein. accented as frIendly. to
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amend hIS motIon to appropnate $137,800 from the General
Fund for fundmg the speCIal electIon The motIon was approved
by the followmg vote
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December 22, 1998
Ayes
Noes
Absent
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CouncIlmembers FeInstem, McKeown, Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
None
CouncIlmember Rosenstem
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Matton by Mayor Pro T em Genser, seconded by CouncIlmember
Femstein. to first utilize remaining fundIng, if any, from the
1998 Elections account and fund the $20,000 balance through
the CouncIl Contmgency Account The motIOn was approved by
the followmg vote
Ayes
Noes
Absent
Councilmembers McKeown, F emstem,
Mayor Pro Tern Genser, Mayor O'Connor
Councilmember Holbrook
Councilmember Rosenstein
ORDINANCES PUBLIC 8-A PUBLIC "IORKS CONTRACTING SECTIONS OF
WORKS CONTRACTING SANTA MONICA MUNICIPAL CODE The ordmance was
presented for second readmg and adoption
Motion bv Councilmember Holbrook seconded bv
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CouncIlmember McKeown, to adopt OrdInance No 1931 (CCS)
entltled_ "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTION 224071
RELATING TO PUBLIC WORKS CONTRACTS,"' readmg by
title only and waiving further readmg thereof The motIon was
approved by the followmg vote
Ayes
Noes
Absent
WRITTEN COMM.
PALISADES PARK
RESTROOM
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Councllmembers FemsteIn, McKeown, Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
None
Councilmember Rosenstem
13-A PROPOSED RELOCATION OF RESTROOM IN
PALISADES PARK Presented was the request of Suzanne
Caplan and Momca W ltt, representmg Hotel Oceana, to address
Coooed regardIng the City's plan to relocate a restroom m
Palisades Park
Councllmember Holbrook
was excused at 7' 58 P m
The followmg members of the pubhc spoke in oppOSitIOn to the
locatIon of the restroom at the site currently proposed Herb
LaFaIr, Sunny Lee, Stan Caplan, DaVid Stauber, Emily Hadash,
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December 22, 1998
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Paul Fme, Ramon Estevez, Aaron Carol, Clark Carwell, John
McKee, Ehzabeth Druly, James LIppman, Scott Lord, Peter
Milton, and Vicky Howard Member of the pubhc Bnan
Hutchmgs expressed hIS concerns
MotIon by Mayor Pro Tern Genserc seconded by CouncIlmemher
Femstem, to hear late speakers for one mmute each The motIon
was unammously approved, Councllmembers Holbrook and
Rosenstem absent
The following members of the public spoke m oppOSItIon to the
locatIOn of the restroom at the SIte currently proposed Robin
Waner and Lou Art
MotIon by Mayor Pro Tern Genser, seconded by Councilmember
McKeown. to direct staff to suspend construct1on at the SIte, to
ask staff to explore optiOns for locatmg the restrooms m the area
between the current locatIOn and the hIstoncal arches, analyze
every pOSSIble SIting, address process ISSUes, envIronmental
Impact Issues, and any other issues necessary, dIfect staff to
explore financIal arrangements and other pertment matters wIth
Ocean a Hotel, and ask staff to return to CouncIl as qUIckly as
pOSSIble WIth this mformation The motion was unanImously
approved by VOIce vote, Councdmembers Holbrook and
Rosenstem absent
PREFERENTIAL
PARKING
13-B PREFERENTIAL P ARKlNG Presented was the request
of Jeff GIlbert and RIck Laudan, co-Chans of OpeD ExecutIve
Board, to address CouncIl on the subject of preferentIal parkmg
Member of the publIc Bnan Hutchmgs spoke in general
opposItion to preferential parkmg On order of the Mayor, the
infOrmatIOn was receIved and filed
UNLAWFUL EVICTION 13-C UNLAWFUL EVICTION Presented was the request of
Betty Halpenn to address Council regardmg an unlawful
eVIction
Member of the publIc Bnan Hutchmgs suggested that thIS Issue
be referred to the Rent Control Board On order of the Mayor,
the mformatIOn was receIved and filed
PUBLIC INPUT
15 PUBLIC INPUT Member of the public Bnan Hutchings
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December 22, 1998
CLOSED SESSIONS
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discussed foreign and domestIc policy Member of the public
Pro Se conveyed his gratitude to varIous entIties and indivIduals
CLOSED SESSIONS At 9 54 pm, CouncIl adjourned to
Closed SeSSiOn to consIder the followmg
16-A Conference with Legal Counsel- Existing
Litigation ElsIe Joseph v. City of Santa Monica, Case No SC
050 259
Motion bv Councllmember Femstem. seconded bv Mavor
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O'Connor. to approve settlement In the amount of $33,715 28
The motIOn was approved by the followmg vote
Ayes
Councilmembers McKeown, Feinstein, Mayor Pro Tern
Genser, Mayor O'Connor
None
CouncIlmembers Holbrook Rosenstem
Noes'
Absent
16-B Conference with Legal Counsel- EXisting
Litigation Sanm MODIca Housmg Council v CIty of Santa
MOnICa, Case No 55005191
ACTION
Heard No actIOn taken
16-C Conference with Legal Counsel- EXIsting
Litigation S&nta MODIca Housmg Council V CItv of Santa
MODIca, Case No Be 184-061
ACTION
Heard No action taken
16-D Conference with Legal Counsel- Existing
Litigation CalifornIa Attorneys for Crimmal Justice (McNally)
V ButK et al , Case No CV 95-8634
ACTION
Heard No actiOn taken
16-E Conference WIth Legal Counsel- Existing
Litigation CIty of San4l MOlllc;;! v Lu_ Case No SC 055 342
ACTION
Heard No actIon taken
16-F
Conference with Legal Counsel - Existing
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December 22, 1998
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ADJOURNMENT
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Litigation City of Santa Monica v _ Wemberg, Case No BC 192
158
ACTION
Heard No action taken
16~G Conference with Legal Counsel - Existing
Litigation City of Santa Monica v, KardID;hi~ Case No Be
121 315
ACTION:
Not heard
At 1030 pm, the meeting was adjourned to January 12, 1999,
in memory of Jose Gonzales.
ATTEST
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Mana M Stewait
City Clerk
APPROVED-
.~W\ Zi2'i'i~
Pam O'Connor
Mayor
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December 22, 1998