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m202211011 November 1, 2022 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 1, 2022 A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McCowan at 6:01 p.m., on Tuesday, November 1, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA. Roll Call: Present: Mayor Pro Tem Kristin McCowan Councilmember Phil Brock Councilmember Gleam Davis Councilmember Oscar de la Torre (arrived at 6:02 p.m.) Councilmember Lana Negrete (arrived at 6:08 p.m.) Councilmember Christine Parra Absent: Mayor Sue Himmelrich Also Present: City Manager David White City Attorney Douglas Sloan City Clerk Denise Anderson-Warren CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 6:01 p.m., with Mayor Himmelrich and Councilmember Negrete absent. Councilmember Parra led the assemblage in the Pledge of Allegiance. PUBLIC INPUT FOR CLOSED SESSION: There were no members of the public present to comment on closed session items. CLOSED SESSIONS Councilmember de la Torre excused at 6:02 p.m. Councilmember Negrete arrived at 6:08 p.m. Councilmember de la Torre recused himself from Closed Session due to a potential conflict of interest. On order of the Mayor Pro Tem, the City Council recessed at 6:05 p.m., to consider closed sessions and returned at 9:25 p.m., with Councilmember de la Torre and Mayor Himmelrich absent, to report the following: 3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027 The City Attorney advised this matter was heard with no reportable action taken. DocuSign Envelope ID: 2FC70FC7-71EE-4C8A-97F4-E7BE6C9F3012 2 November 1, 2022 3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835 The City Attorney advised this matter was heard with no reportable action taken. CONTINUED ITEMS: ARCHITECTURAL REVIEW BOARD 8.A. Recommendation to accept Therese Kelly's resignation from the Architectural Review Board and authorize the City Clerk to publish the vacancy, was presented. Motion by Councilmember Brock, seconded by Councilmember Negrete, to accept the resignation with regret. The motion was approved by a unanimous by voice vote, with Councilmember de la Torre and Mayor Himmelrich absent. BREAK/RECONVENE On the order of the Mayor Pro Tem, the Council took a break at 9:30 p.m. to allow time for Councilmember de la Torre to return. The Council reconvened at 9:35 p.m. with Councilmember de la Torre present. MEASURE A Councilmember de la Torre returned at 9:35 p.m. 8.B Request of Mayor Himmelrich and Councilmember Davis that the City Council express its support for Los Angeles County Measure A. Measure A would amend the Charter of the County of Los Angeles to grant the Board of Supervisors authority to remove an elected Sheriff from office for cause by a supermajority (4 out of 5) of the Board, was presented. Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt the staff recommendation. The motion was not approved by the following vote: AYES: Councilmember Davis, Mayor Pro Tem McCowan NOES: Councilmembers de la Torre, Brock, Negrete, Parra ABSENT: Mayor Himmelrich DocuSign Envelope ID: 2FC70FC7-71EE-4C8A-97F4-E7BE6C9F3012 3 November 1, 2022 LINCOLN BOULEVARD 8.C Request of Councilmembers Negrete and Brock that the City Manager evaluate options to enhance the maintenance and appearance of Lincoln Boulevard between Olympic Boulevard (north and south), inclusive of portions of Olympic Blvd east and west of Lincoln, as depicted roughly in the shaded area in the attached map. This is a highly trafficked and visible area of the City and serves as a gateway for visitors to Santa Monica and the City Manager is being asked to return to City Council with options to improve the area, was presented. Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent. SISTER CITIES COMMEMORATION 8.D Request of Councilmember Brock to direct the City Manager to evaluate the potential of programming the open space along Main Street adjacent to the City Hall North Parking Lot in partnership with the Santa Monica Sister City Association that would commemorate our five Sister Cities: Mazatlan, Mexico (1961), Hamm, Germany (1969), Fujinomiya, Japan (1974), Kizugawa, Japan (2017), and Brighton, England (2022), was presented. Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent. PICKLEBALL 8.E Request of Councilmember Negrete to direct the City Manager to develop construction and annual maintenance cost estimates and evaluate the impacts of constructing courts dedicated to pickleball on the Interim Open Space at Santa Monica Airport adjacent to Airport Park as soon as possible while supporting other current and planned uses on the Interim Open Space. The City Manager is also being asked to produce a schedule of permitted and open recreational use of the tennis / pickleball courts at Memorial Park and evaluate the potential to expand the use of the courts at Memorial Park for pickleball, was presented. Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent. SMOKING ORDINANCE 8.F Request of Councilmember Negrete that the City Council direct the City Manager and City Attorney to come back with a proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in multi-unit residential common areas, and the public right-of-way areas around multi-unit residential buildings, was presented. DocuSign Envelope ID: 2FC70FC7-71EE-4C8A-97F4-E7BE6C9F3012 4 November 1, 2022 Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent. HOUSING 8.G Request of Councilmembers Brock, Parra and de la Torre, in the wake of residents’ concerns about the “Builder’s remedy” permits just filed for 1,000s of new housing units, overwhelmingly market rate and up to 15 stories, that the Council ask the City Attorney to hire appropriate outside legal counsel to conduct a thorough review and write a report regarding the City’s legal options and remedies, including rejecting the applications under all applicable laws. The law firm hired to conduct this review shall be selected by the City Council and shall have the power to obtain documents it deems useful to its legal review and be given full cooperation by staff and elected and appointed officials, was pulled from the agenda by authors. COUNCIL TRAVEL 8.H Request of Mayor Pro Tem McCowan that the City Council authorize use of her travel funds for costs incurred from her July 27- 30, 2022 travel to Brighton, England for the official Friendship City signing ceremony in partnership with Santa Monica Travel and Tourism and the Santa Monica Sister City Association, was presented. Motion by Councilmember Davis, seconded by Councilmember de la Torre, to adopt the staff recommendation. The motion was approved by the following vote: AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 10:31 p.m. ATTEST: APPROVED: Denise Anderson-Warren Kristin McCowan City Clerk Mayor Pro Tem DocuSign Envelope ID: 2FC70FC7-71EE-4C8A-97F4-E7BE6C9F3012