By Jorge Casuso

In the spotlight of four television news crews, the City Council on Tuesday night delayed a vote that would have made Santa Monica the second city in the nation to ban drivers from using hand-held cells phones.

Concerned the ban would be difficult to enforce, could have unforeseen impacts and could be preempted by the state vehicle code, the council voted down the proposed ordinance 5 to 2. It then voted unanimously to direct staff to further study the issue, which has spurred widespread debate and garnered international attention.

"We're faced with the difficulty of being leaders," said Councilman Paul Rosenstein, who sponsored the proposed ordinance. "There is a loud cry from the public of concern. I think there are an awful lot of communities that will follow us if we lead and show that this could be done."

Calling the use of cell phones while driving a "huge issue," Councilman Kevin McKeown sponsored the successful substitute motion.

"I'm not willing to give up on this," McKeown said. "My concern is that we treat this appropriately, seriously and expeditiously."

In addition to requesting more information from staff, McKeown's motion unofficially condemns the use of any type of cell phone while driving, encourages cell phone providers to engage in a public education campaign and asks staff to communicate with other agencies across the state.

The council votes came after a dozen speakers were torn over the proposal, which is similar to a ban in Brooklyn, Ohio, and is being studied by half a dozen states. (Nine countries -- including England, Brazil, Italy and Switzerland -- have adopted similar bans.)

"I've seen several very close calls," said Eddie Greenberg, the Third Street Promenade's maintenance supervisor. "I see the problem getting worse. I think it's an accident waiting to happen. Something must be done."

Kenny Morse, who is known to radio listeners and television viewers as "Mr. Traffic," also urged the council to adopt the ban.

"Most of my calls come from cell phones. I'm ready to give that up," said Morse, who also has a Web site. "You have a chance to be the leaders you have distinguished yourselves as. This is a no-brainer. The public is behind it."

But business leaders and cell phone providers urged the council to educate rather than legislate.

"An ordinance is not the proper way to deal with this issue right now," said Steve Crosby, representing AT&T Wireless Services.

"Aggressively educate... in a creative and effective way that will help prevent the accidents," said Chamber of Commerce vice president Dan Ehrler. The ban, he said, "definitely sends an inappropriate message to our citizens and visitors."

Rosenstein was skeptical that cell phone providers would mount an effective education campaign. He showed a print ad picturing a cellular phone under the words: "Required for driving in California."

Councilman Michael Feinstein -- who along with Rosenstein supported the ban -- also said he had no confidence in an educational campaign to stop the use of something as popular as cell phones.

"It is so seductive, education has no chance," Feinstein said. "It is a charade."

In the end, the council worried that studies of the issue proved inconclusive and that cell phones are so common, enforcing a ban would be like "shooting fish in a barrel."

"There are some inherent problems with this ordinance," said Councilman Richard Bloom. "Just posting signs I don't think is going to do the job. We're going to have a lot of angry motorists."

City attorney Marsha Moutrie warned the council that the law would be preempted by the state code.

"Vehicle code does not prohibit use of cell phones," Moutrie said. "However, it establishes the rules for driving. A court could find that the vehicle code covers all the rules."

Police Chief  James T. Butts, Jr. also warned that extensive signage must be posted to warn motorists of any ban.

"Whenever a law is passed, there must be a way to let people know," Butts said. Cell phones "are ubiquitous in society. There is no municipality in California that outlaws them. This could result in many tickets. You'd have to post signs at many intersections."

Butts also warned that a ban could amount to extra court time for officers.

The ban would have "a significant financial impact on the city," Butts said, "and initially we may have a lot of tickets contended."

The council meeting not only provided a wide-ranging debate of the issue, it offered a glimpse of some of the council members' experiences with cell phones.

Mayor Ken Genser said he once rear-ended someone while talking on his cell phone, but noted that when he recently pulled over to make a call, he was rear ended by a driver with no phone.

Bloom acknowledged he took calls while driving, but only his wife, two sons and a few close friends had his cell phone number.

Council member Pam O'Connor said she used her cell phone - on the Big Blue Bus.

And Feinstein acknowledged he was "a menace" driving his 1970 Volkswagon mini van. "I know that I am very dangerous," he said. It was not clear whether he meant while he was using a cell phone or all the time.

Said Councilman Paul Rosenstein: "We've heard a lot of true confessions tonight."