m20220322_Spec 1 March 22, 2022
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 22, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 4:32 p.m.,
on Tuesday, March 22, 2022, via teleconference pursuant to Assembly Bill No. 361signed by, Governor Gavin
Newsome at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra (arrived at 5:21 p.m.)
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
Assistant City Clerk Nikima Newsome
CONVENE
On order of the Mayor, the City Council convened at 4:32 p.m., with all
members present except Councilmember Parra.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 4:36 p.m., to consider
closed sessions and returned at 5:36 p.m. to report the following:
1.A. Conference with Legal Counsel – Anticipated Litigation –
Initiation of litigation pursuant to § 54956.9(d)(4): One Matter
The Interim City Attorney advised this matter was not heard.
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Alejandra Garcia, et al. v. City of Los Angeles,
et al., Los Angeles Superior Court Case No. 21STCV07940
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.C. Conference with Legal Counsel – Anticipated Litigation:
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Councilmember Parra
arrived at 5:21 p.m
Anticipate significant exposure to litigation Pursuant to Government
Code Section 54956.9(d)(2): 6th Cycle (2021-2029) Housing Element
The Interim City Attorney advised this matter was not heard.
1.D. Conference with Real Property Negotiator: Government Code
Section 54956.8; Property: 380 Santa Monica Pier, Santa Monica, CA.
City Negotiators: Elana Buegoff, Pier and Beach Administrator, and
Allan Kotin, Allan D. Kotin and Associates. Under Negotiation:
Interests in Real Property, ground lease. Owner: EPR Parks, LLC.
Owner’s Negotiators: Kieran Burke of Premiere Parks, LLC, and Jeff
Klocke, Vice President/General Manager, Pacific Park
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.E. Conference with Real Estate Negotiators pursuant to
Government Code Section 54956.8:
Property: Barnard Park Villas, 3356 Barnard Way, Santa Monica,
California;
City Negotiators: Andy Agle, Director of Community Services; Tim
Bretz, Keyser Marston Associates;
Owner of Record: Barnard Park Villas, Ltd.;
Under negotiation: Option to Purchase.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.F. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Wolfgang Mountford v. City of Santa Monica,
U.S. District Court Case No. 2:20-CV-07220-MCS (Ex)
The Interim City Attorney advised that this litigation relates to a police
officer-involved shooting involving a 28-year-old man who received a
gunshot wound to the head. It was determined that the officer involved be
terminated. Police were called to a scene near Lincoln Blvd. for a man who
was causing a disturbance. The City does not admit liability but to avoid
the expense and burden of further litigation, the City Attorney’s Office
recommended settlement in the amount of $1,750,000.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan,
to approve Settlement Agreement No. 11249 (CCS), in the amount of
$1,750,000.
AYES: Councilmembers Davis, Negrete, Brock, de la Torre
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Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ABSTAIN: Councilmember Parra
1.G. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Unfair Practice Charge, Municipal Employees
Association v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1510-M.
The Interim City Attorney advised this matter was not heard.
1.H. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team
Associates v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1495-M.
The Interim City Attorney advised this matter was not heard.
1.I. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team
Associates v. City of Santa Monica, Public Employment Relations
Board, Case No. LA-CE-1507-M.
The Interim City Attorney advised this matter was not heard.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 5:40 p.m.
ATTEST: APPROVED:
Nikima Newsome Sue Himmelrich
Assistant City Clerk Mayor
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