Agenda packet — Santa Monica City Council, March 8, 2022 (part 2 of 9)

3.E.a
Packet Pg. 350 Attachment: Resolution 11179 - Retrofit Grant Program Authorization (4947 : Award Bid for Seismic Grant Management Services) 2 WHEREAS, a letter committing at least 25% matching funds is required as part of the grant application; the matching funds must be from a non-federal source and must be in place at the time of application submittal; and
WHEREAS, the match would consist of an amount not to exceed $2.25 million over the three-year grant period; a significant portion of this match would be provided by eligible property owners who participate in the grant program in the form of owner-paid design and construction costs; a portion of the required match would also be provided by costs incurred by the City in administering the grant program, including time dedicated to program management, plan review, permit-related services, and inspections; and WHEREAS, the $6.75 million grant will be used to provide rebates for retrofit design and construction costs to owners of soft-story buildings identified as Priority 2 (more than two stories and less than 16 units) and Priority 3 (16 or more units) building types in the City’s Seismic Retrofit Program; a portion of the grant will also be used to fund the City’s administrative and operating costs of managing the grant program (separate from the administrative and operating costs counted towards the City’s match).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Manager, or his or her designee, is authorized to submit a Hazard Mitigation Grant application to FEMA in the amount of $6.75 million for the Retrofit Grant Program, along with a letter of commitment to provide up to $2.25 million in local matching funds and all other necessary documents, and subject to its award, to accept DocuSign Envelope ID: 29BA150A-8D0C-4DD9-A42F-43E3C3329807

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Packet Pg. 351 Attachment: Resolution 11179 - Retrofit Grant Program Authorization (4947 : Award Bid for Seismic Grant Management Services) 3 the grant and all grant renewals and negotiate, enter into, and execute all documents necessary to evidence, secure, and implement the award.

SECTION 2. The City Manager, or his or her designee, is authorized to provide to the California Governor’s Office of Emergency Services such assurances and agreements as are required in connection with the Hazard Mitigation Grant application and, if awarded, its acceptance.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

LANE DILG
City Attorney
DocuSign Envelope ID: 29BA150A-8D0C-4DD9-A42F-43E3C3329807

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Packet Pg. 352 Attachment: Resolution 11179 - Retrofit Grant Program Authorization (4947 : Award Bid for Seismic Grant Management Services) Adopted and approved this 25th day of June 2019.
__________________________
Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11179 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of June 2019, by the following vote:

AYES: Councilmembers Himmelrich, Jara, Morena, McKeown, Winterer Mayor Davis, Mayor Pro Tem O’Day
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 29BA150A-8D0C-4DD9-A42F-43E3C3329807

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Packet Pg. 353 Attachment: Resolution 11179 - Retrofit Grant Program Authorization (4947 : Award Bid for Seismic Grant Management Services)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Packet Pg. 354 Attachment: Oaks Intiative Disclosure Form (ESS) (4947 : Award Bid for Seismic Grant Management Services)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Packet Pg. 355 Attachment: Oaks Intiative Disclosure Form (ESS) (4947 : Award Bid for Seismic Grant Management Services) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.F
1 of 5
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order.

Executive Summary
In response to Federal, State, and County official and health agency guidance, on behalf of the City, the City Manager declared a Local Emergency on March 13, 2020 due to the COVID-19 global pandemic. Council initially ratified the Proclamation of Local Emergency on March 19, 2020, and re-ratified it on April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, and December 15, 2020, and January 26, March 23, effective May 22, and July 13, 2021. As the City’s Director of Emergency Services, the City Manager has issued a total of 42 supplements to the Executive Order, with specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.

On March 4, 2020, Governor Newsom issued a proclamation that suspended and waived the 60-day time period in Government Code 8630 within which local governmental authorities must renew a local emergency for the duration of this statewide emergency. Nonetheless, it remains a best practice for the City Council

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to ratify all supplements to the Executive Order as soon as practicable pursuant to SMMC section 2.16.100, which requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council.” Accordingly, this staff report recommends re-ratifying the Proclamation of Local Emergency, as well as re-ratifying all of the previously ratified supplements that remain in effect and the one additional supplement that was issued on January 27, 2022, but which has not yet been ratified.

Discussion
The novel coronavirus (“COVID-19”) has spread across the globe since the first cases were reported in January 2020. The Centers for Disease Control and Prevention stated that certain populations were at particular risk from COVID-19 and that widespread transmission would result in large numbers of people needing medical care at the same time, affecting our healthcare systems and other critical infrastructure. The World Health Organization (WHO) described the outbreak as a “public health emergency of international concern” on January 30, 2020. Thereafter, the virus spread from China to every continent but Antarctica.

In response, federal, state, and local authorities took action. On March 4, 2020, Governor Newsom declared a state of emergency to make additional resources available, formalize emergency actions already underway, and help the State prepare for the broader spread of COVID-19. That same day, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19. WHO upgraded COVID-19 to a pandemic on March 11, 2020.

On March 13, 2020, the City of Santa Monica issued a local emergency proclamation in response to the COVID-19 public health emergency (Exhibit A) and on March 14, 2020, a revised local emergency proclamation to comport with all digital signature requirements (Exhibit B). The proclamation enhanced the City’s ability to access federal and state dollars for COVID-19 response.

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On March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures. Since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19.

The Director of Emergency Services has issued 41 separate supplements to the Executive Order of March 13, 2020 and the City Council has ratified them. Most recently, on December 7, 2021, the City Council re-ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, ThirtySecond, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, ThirtySeventh, and Thirty-Ninth Supplements, be operative and remain in effect through January 31, 2022, or any later date expressly stated within the text of an individual supplement.

The Director of Emergency Operations has issued one additional supplement that has not yet been ratified: On January 27, 2022, the Director of Emergency Services issued a Forty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C), which extended the expiration of prior supplements that remained in place to June 30, 2022 or the termination of the County Health Officer Order, whichever occurs first.

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The emergency proclamation and its supplements were issued by the City Manager and Interim City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code 2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council has previously approved resolutions on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, and December 15, 2020, and January 26, March 23, May 25 (effective as of May 22), July 13, August 24, 2021, and October 12, 2021, ratifying the earlier supplements.

Staff now request that Council adopt the attached resolution ratifying the Executive Order, and the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, TwentyFourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, ThirtySixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, and Forty-Second Supplemental Orders, issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Fiscal Impacts
None.

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Prepared By: Joseph Lawrence, Interim City Attorney
Approved Forwarded to Council
Attachments:

A. ORD-Res-EmergencyRatification-COVID-3.8.2022
B. ExA-20200313.SM.Proclamation - Local Emergency
C. ExB-20200314.SM.Revised_Proclamation
D. ExC-Supplement_42_Local_Emergency_COVID

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Packet Pg. 360
1 City Council Meeting: March 8, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF

LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency

3.F.a
Packet Pg. 361 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 2 actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on, before, and after March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and WHEREAS, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and

3.F.a
Packet Pg. 362 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 3 WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures, and
WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 41 separate supplements to the Executive Order; and

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Packet Pg. 363 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 4 WHEREAS, on multiple occasions since the Director of Emergency Services issued the Executive Order on March 13, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services; most recently, on December 7, 2021, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, ThirtySecond, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, ThirtySeventh, and Thirty-Ninth Supplements, be operative and remain in effect through January 31, 2022, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on January 27, 2022, the Director of Emergency Services issued a Forty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the expiration of prior supplements that remained in place to this Order through the termination of the County

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Packet Pg. 364 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 5 Health Officer Order, including any amendments and successors thereto, or June 30, 2022, whichever occurs earlier; and
WHEREAS the findings included in each Executive Order and Supplement to the Executive Order referenced herein are included herein as if stated in full; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have issued public health recommendations that continue to include public health precautions in addition to vaccination to protect public health and prevent transmission of this communicable virus; and
WHEREAS, as stated in the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, and ratified by the City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, 2020, and December 15, 2020, and January 26, March 23, effective May 22, July 13, August 24, 2021, October 12, 2021, and December 7, 2021, the City Council finds that as of March 8, 2022, the above-described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS in the interest of public health and safety, as affected by the global, national, state, and local emergency caused by the spread of COVID-19, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Director of Emergency Services related to the protection of life and property.

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Packet Pg. 365 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (Exhibit A) is hereby ratified.

SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit B) is hereby ratified.

SECTION 3. The Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 4. The Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 6. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 7. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Packet Pg. 366 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 7 SECTION 8. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 9. The Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 10.The Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 11. The Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 12. The Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 13. The Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 14. The Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 15. The Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 16. The Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Packet Pg. 367 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 8 SECTION 17. The Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 18. The Twenty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 19. The Twenty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 20. The Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 21. The Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 22. The Twenty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 23. The Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Packet Pg. 368 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 9 SECTION 24. The Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 25. The Thirty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 26. The Thirty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 27. The Thirty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 28. The Corrected Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 29. The Thirty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 30. The Thirty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 31. The Thirty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Packet Pg. 369 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 10 SECTION 32. The Thirty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 33. The Thirty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 34. The Fortieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 35. The Forty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 36.The Forty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is hereby ratified.

SECTION 37. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 38. The City Council authorizes the City Manager, in his capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the spread of COVID-19.

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Packet Pg. 370 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 11 SECTION 39. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 40. The Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, TwentyNinth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, and FortySecond Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected ThirtyFourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, shall remain in effect until to June 30, 2022 or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual Supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto.

SECTION 41. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of

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Packet Pg. 371 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation) 12 the remaining portions of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional.

SECTION 42. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 372 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation)

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE

CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

That international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARSCoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death; and That the Centers for Disease Control and Prevention has stated that certain populations face elevated risk and widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “public health emergency of international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and
That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and

3.F.b
Packet Pg. 373 Attachment: ExA-20200313.SM.Proclamation - Local Emergency (4988 : Covid Reso and Proclomation) That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

ADOPTED this 13th day of March 2020.

By: _________________________

RICK COLE
City Manager
Director of Emergency Services

3.F.b
Packet Pg. 374 Attachment: ExA-20200313.SM.Proclamation - Local Emergency (4988 : Covid Reso and Proclomation) ATTEST:
___________________

DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by the City Council.

APPROVED AS TO FORM:
______________________

LANE DILG
City Attorney

3.F.b
Packet Pg. 375 Attachment: ExA-20200313.SM.Proclamation - Local Emergency (4988 : Covid Reso and Proclomation) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE

That international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARSCoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death; and That the Centers for Disease Control and Prevention has stated that certain populations face elevated risk and widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “public health emergency of international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

3.F.c
Packet Pg. 376 Attachment: ExB-20200314.SM.Revised_Proclamation (4988 : Covid Reso and Proclomation) 2 That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and
That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a proclamation of local emergency to declare the existence of a local emergency; and That this revised proclamation is issued as an additional precaution and out of an abundance of caution in accordance with laws related to use of digital signatures; and DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

3.F.c
Packet Pg. 377 Attachment: ExB-20200314.SM.Revised_Proclamation (4988 : Covid Reso and Proclomation) 3 That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

ADOPTED this 14th day of March 2020.

By: _____________________________

RICK COLE
City Manager
Director of Emergency Services
ATTEST:
___________________

APPROVED AS TO FORM:
______________________

LANE DILG
City Attorney
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

3.F.c
Packet Pg. 378 Attachment: ExB-20200314.SM.Revised_Proclamation (4988 : Covid Reso and Proclomation) 1685 Main Street, Suite 209, Santa Monica, CA 90401 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity Office of the City Manager

FORTY-SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE

DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A

LOCAL EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures, and
DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 379 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 2 WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 41 separate supplements to the Executive Order; and
WHEREAS, on multiple occasions since the Director of Emergency Services issued the Executive Order on March 13, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services; most recently, on December 7, 2021, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and ThirtyNinth Supplements, be operative and remain in effect through January 31, 2022, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, for residential tenants restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium; and WHEREAS, on September 18, 2020, the Director of Emergency Services issued a Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, required landlords to report endeavors to evict residential tenants to the Santa Monica City Attorney’s Office; and DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 380 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 3 WHEREAS, on December 22, 2020, the Director of Emergency Services issued a ThirtyFirst Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, extended the City’s moratorium on evictions of residential tenants for reasons other than nonpayment of rent; and WHEREAS, on June 24, 2021, the Director of Emergency Services issued a ThirtyEighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, adopted in part the June 22, 2021 Los Angeles County Resolution Further Amending and Restating the Executive Order for an Eviction Moratorium as it applies to eviction protections for reasons other than nonpayment of rent, thereby rendering these provisions enforceable by the city; and WHEREAS, on September 28, 2021, the Fortieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extended the Thirty-Eighth Supplement of Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency until October 31, 2021, which among other things adopted in part the June 22, 2021 Los Angeles County Resolution Further Amending and Restating the Executive Order for an Eviction Moratorium as it applies to eviction protections for reasons other than nonpayment of rent, thereby rendering these provisions enforceable by the City; and
WHEREAS, on September 28, 2021, Los Angeles County adopted the COVID-19 Protections Resolution, available at https://file.lacounty.gov/SDSInter/bos/supdocs/162124.pdf, which states that it applies to incorporated cities within the County but does not preclude an incorporated city within the County from imposing greater protections, and which implements an eviction moratorium for evictions based on specified grounds, including nonpayment of rent, no-fault termination of tenancy or occupancy, owner move-ins, nuisance or unauthorized occupants or pets, and denial of entry; and
WHEREAS, on October 29, 2021, the Director of Emergency Services issued a FortyFirst Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, extended the following: eviction protections for reasons other than nonpayment of rent by adopting the September 28, 2021 Los Angeles County COVID-19 Tenant Protections Resolution as it applies to residential eviction protections for reasons other than nonpayment of it, subject to Section 3(a) of the Fifth Revised First Supplement as amended by Section 26 of the Twenty-Eight Supplement (Ellis Act evictions); Sections 8 (affirmative defenses), Section 9 (non-waivability of rights), Section 10 (private right of action), Section 11 (tenant harassment), Section 20 (prohibition on deception), Section 21-22 (landlord liability for bad faith eviction notice or action), and Section 23 (enforceability) of the Fifth Revised First Supplement as applicable; Section 3 of the ThirtyFirst Supplement as amended by the Forty-First Supplement; DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 381 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 4 WHEREAS, the County’s September 28, 2021 COVID-19 Protections Resolution, which the City adopted in part in its Forty-First Supplement, is set to expire on January 31, 2022; and WHEREAS, on January 25, 2022, Los Angeles County adopted a resolution amending and restating the County’s COVID-19 Protections Resolution, which among other things extended eviction protections for reasons other than nonpayment of rent and imposed eviction protections for nonpayment of rent;
WHEREAS, the City’s ability to effectively enforce COVID-19 tenant protections is critical to protect the public health and safety; and
WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing stock, to prevent housed individuals from falling into homelessness, and to prevent loss of local businesses; and WHEREAS, this local emergency includes an economic crisis that could only worsen the existing housing crisis in the City and in Los Angeles County; and WHEREAS, the City cannot mitigate in the emergency environment the instability and disruption of residential housing that might occur when multi-family buildings are removed from the rental market under the Ellis Act; and
WHEREAS, Ellis Act removals and other no-fault evictions would displace residents from their homes during COVID-19-related social distancing, quarantine, and home isolation measures that make searching for new housing infeasible and potentially dangerous to one’s health and safety; and
WHEREAS, the City must track how many evictions and endeavors to evict occur in Santa Monica, along with the nature of these attempts and their outcomes, in order to best prevent displacement of low- and moderate-income residents and to explore other options to prevent displacement of low and moderate income tenants, including through the feasibility of a Right to Counsel Ordinance and other measures to protect tenants’ legal rights during the pandemic; and
WHEREAS, in order to protect the health, safety and welfare of the residents of Santa Monica both during and in the recovery from the COVID-19 emergency, it is necessary to fully understand the nature of the eviction problem and need to provide access to legal services to tenants who are subject to eviction proceedings; and
DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 382 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 5 WHEREAS, while the County and the City have made significant progress in vaccine distribution, COVID-19 cases have surged once again, this time due to the Omicron variant, which emerged in late 2021; and
WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, permitting restaurants to temporarily use a parking meter or designated spaces in a public parking lot for curbside pickup in accordance with this Order will enable the restaurants to operate safely during the pendency of this COVID-19 emergency while the City experiences a surge in the Omicron variant; and
WHEREAS, as of January 25, 2022, the Los Angeles County Department of Public Health has confirmed 2,540,075 cases of COVID-19 in Los Angeles County and has continued to advise that public health measures remain required to prevent the further spread of COVID19; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section

2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property.

NOW, THEREFORE, I, David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council.

IT IS HEREBY ORDERED THAT:

A. Extension of Emergency Supplements

1. Subject to the exceptions stated in Section 2 and 4 of this Order; Section 2 of the Nineteenth Supplement issued June 29, 2020; Sections 6 and 7 of the Thirty-First Supplement issued December 22, 2020; Sections 8 through 11 of the Corrected Thirty-Fourth Supplement issued March 24, 2021; Sections 2 and 3 of the ThirtyFifth Supplement issued April 27, 2021; Sections 19 and 20 of the Thirty-Sixth Supplement issued May 18, 2021; and Sections 2, 3, and 4 of the Thirty-Seventh Supplement issued June 24, 2021; and Section 2 of the Thirty-Ninth Supplement issued July 14, 2021, the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 383 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 6 Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, TwentyThird, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, TwentyEighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected ThirtyFourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, and FortyFirst Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or June 30, 2022, provided that City Council ratifies the need for continuing the local emergency due to COVID-19 every 60 days. At that time, the foregoing Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto.

2. The COVID-19 tenant protection provisions set forth in Sections 8 through 11 and 20 through 23 of the Fifth Revised First Supplement issued on June 17, 2020; Section 3(a) of the Fifth Revised First Supplement as amended by Section 26 of the TwentyEighth Supplement issued on November 24, 2020; Sections 1 through 3 of the ThirtyFirst Supplement issued on December 22, 2020; and Sections 3 through 7 of the Forty-First Supplement issued on October 29, 202 are superseded by Sections 5 through 11 of this Order and for this reason these sections of these supplements are not extended.

3. Sections 18 through 24 of the Twenty-Eighth Supplement issued November 24, 2020; have been superseded by the City Council’s January 25, 2022 adoption of Emergency Interim Zoning Ordinance No. 2688, An Emergency Interim Zoning Ordinance of the City Council of the City of Santa Monica Amending Santa Monica Municipal Code Section 9.37.070 to Extend Permit Timeframes Due to Unavoidable Delays Caused by the COVID-19 Pandemic and to Further Economic Recovery Effort, and Emergency Ordinance No. 2689, An Emergency Ordinance of the City Council of the City of Santa Monica Amending Portions of Article VIII and Chapter 9.56 of the Santa Monica Municipal Code to Extend Certain Time Frames for Building Permits, Mandatory Seismic Retrofit Compliance, and Certificates of Appropriateness, and to Extend Processing Time Frames for Applications Under Chapter 9.56 Due to Unavoidable Delays Caused by the COVID-19 Pandemic and to Further Economic Recovery Efforts, and for this reason these sections of these supplements are not extended.

DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 384 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 7 4. Section 2 of the Revised Fifth Supplement issued on March 18, 2020 regarding the suspension of water shutoff for nonpayment of bills is not extended and shall have no force and effect as of the effective date of this Order.

B. Restatement and Amendment of COVID-19 Tenant Protections

5. Eviction Protections
a. Definitions. For purposes of this Order, “endeavor to evict” includes, but is not limited to: serving a Notice to Pay or Quit, a Notice to Perform Covenant or Quit, a Notice of Termination, or any other eviction notice; filing or pursuing an unlawful detainer action based on such notices; or seeking to terminate a tenancy or evict a residential tenant through other means. b. Withdrawal of All Rental Units on a Parcel of Land from the Rental Market.

If a landlord files a Notice of Intention to Withdraw Accommodations from Rent or Lease pursuant to the Ellis Act, California Government Code Section 7060, et seq., the landlord may serve any requisite notices, such as a Notice to Terminate Tenancies. A landlord shall not file an unlawful detainer action based on the removal of a unit from the rental market pursuant to the Ellis Act until sixty days after the expiration of this Order.
c. No-Fault Termination of Tenancy or Occupancy. A residential tenant shall not be evicted, and a landlord shall not endeavor to evict a residential tenant, where grounds for terminating the tenancy or occupancy is not based on any alleged fault by the tenant.
d. Nuisance or Unauthorized Occupants or Pets. A residential tenant shall not be evicted, and a landlord shall not endeavor to evict a residential tenant, for nuisance or for unauthorized occupants or pets whose presence is necessitated by or related to the COVID-19 emergency.
e. Denial of Entry. A residential tenant shall not be evicted, and a landlord shall not endeavor to evict a residential tenant, on the ground that such residential tenant denied entry by the landlord into the rental unit, subject to the following:
(1) The following circumstances permit entry into the residential tenant’s unit:
(i) Remedying a condition that substantially endangers or impairs the health or safety of a residential tenant or other persons in, or in the vicinity of, the rental unit, or
DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 385 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 8 (ii) A residential tenant is causing or threatening to cause substantial damage to the rental unit.
(2) If a landlord seeks entry pursuant to subsection 5(e) above, the landlord must:
(i) Not permit entry by any person who is, or who the landlord has good cause to believe is, a carrier of COVID-19.
(ii) Ensure that appropriate social distancing, cleaning, and sanitation measures are taken to protect the residential tenant and members of the household from risk of transmitting
COVID-19 as a result of Entry into the rental unit. Such measures must account for: the residential tenant notifying the landlord that the residential tenant, or a member of the household, has or believes in good faith to have been recently exposed to COVID-19; or the residential tenant notifying the landlord that the residential tenant, or a member of the household, is at a higher risk for more serious complications from COVID-19.
(iii) A landlord who enters the rental unit shall promptly leave the rental unit if the residential tenant revokes permission to enter because of the landlord’s failure to observe appropriate social distancing, cleaning, and sanitization measures.
(3) For purposes of this subsection only, “landlord” includes, but is not limited to, any person authorized by the landlord to enter the rental unit, such as maintenance personnel, a prospective buyer, or a prospective residential tenant.
f. Notwithstanding subsections 5(a). through 5(e), above, or any other provision of this Order, this Order shall not apply where the eviction is necessary to maintain compliance with the requirements of Civil Code section 1941.1, Health and Safety Code sections 17920.3 or 17920.10, or any other applicable law or government order concerning the safety or habitability of rental units, or where the Tenant’s occupancy is otherwise a threat to the public health or safety as determined by a court of law.

6. Remedies for Violations of Eviction Protections
a. This Order grants residential tenants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced in violation of this Order.

DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 386 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 9 b. A residential tenant injured by a landlord’s violation of Section 5 of this Order has a private right of action against the landlord, including for violation of California Business and Professions Code Section 17200, et seq., and shall be entitled to attorney’s fees and exemplary damages according to proof.

7. A landlord who in bad faith serves an eviction notice to a residential tenant without reasonable grounds, or in bad faith brings an eviction action against a residential tenant without reasonable grounds that terminates in the residential tenant’s favor, shall be liable under this Order and shall also be deemed in violation of the City’s Tenant Harassment Ordinance, as set forth in Section 4.56.020 of the Santa Monica Municipal Code. The maximum civil penalty for any violation of the Tenant Harassment Ordinance occurring while this Order is in effect is increased from $10,000 to $15,000.

8. Reporting Requirements
a. Landlords shall email the Santa Monica City Attorney’s Office, at [email protected], unredacted copies of any notices of any endeavors to evict (pandemic-related or not), including a termination notice (for example, the 15-day Notice required by the COVID-19 Tenant Relief Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two (2) days of serving such notice or summons and complaint on a tenant. b. Landlords shall email the Santa Monica City Attorney’s Office, at [email protected], the following information within three (3) days of its availability to landlord: (1) whether the residential tenant obtained a fee waiver; (2) whether the residential tenant has legal representation; (3) whether the landlord has legal representation; and (4) outcome of the endeavor to evict. Violations of this section
c. Violations of Section 8 of this Order do not result in an affirmative defense for the tenant in an unlawful detainer action.

9. A landlord may not deceive a residential tenant in connection with the rights and obligations under this Order. For purposes of this section, “deceive” includes intentional misrepresentation, negligent misrepresentation, concealment of a material fact, or false promise.

10. Any provision in a rental agreement, payment plan, or any other agreement between a landlord and residential tenant that waives or modifies any rights under this Order shall be void as contrary to public policy.

DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

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Packet Pg. 387 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 10 11. Sections 5 through 10 of this Order shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as a misdemeanor pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.

Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for each violation of any provision of this Order shall be up to a maximum of $1,000. Pursuant to Santa Monica Municipal Code Section 1.09.040(c), a later payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to this Order after its due date.

C. Temporary Curbside Pickup Zones for Restaurants

12. As used in Sections 12 through 16 of this Order, the following terms have the following meanings:
a. “Restaurant” means a restaurant, full-service, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurant, limitedservice and take-out, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c).
b. “Curbside pickup sign” is a sign prepared by Director of the Community Development Department or designee that, when (1) posted by the restaurant on a single parking meter adjacent to or near the restaurant, authorizes the customers of the restaurant to park, for free, for no longer than 10 minutes at a time during business hours; (2) posted by the City on spaces in a public parking lot designated by the Director of the Community Development Department or designee, authorizes customers of a restaurant to park, for free, for up to 30 minutes during the hours stated on the sign; or (3) if a parking meter is not adjacent to the restaurant, posted by the restaurant for a single space of on-street parking that is adjacent to or near the restaurant in compliance with Section 13 of this Order, authorizes the customers of the restaurant to park for no longer than 10 minutes at a time during business hours.
c. “Parking meter” shall have the same meaning as that term is defined in Santa Monica Municipal Section 3.16.020.
d. “Public parking lot” shall have the same meaning as that term is defined by Santa Monica Municipal Section 3.04.010,
DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

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Packet Pg. 388 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 11 13. A restaurant posting a curbside pickup sign adjacent to on-street parking shall comply with the posting requirements for temporary no parking signs, available at https://www.smgov.net/uploadedFiles/Departments/PCD/ApplicationsForms/TNP_Posting_Guidelines.pdf.

14. A restaurant shall not post a curbside pickup sign on an ADA accessible space, in a red or a loading zone, or on more than one parking meters or on-street parking spaces at any one time.

15. The Director of the Transportation Department or designee may promulgate regulations to implement Sections 12 through 17 of this Order. Such regulations may include, among other things, authorization for restaurants to share a curbside pickup sign posted by another restaurant so that customers visiting either restaurant may park, for free, no longer than 10 minutes during business hours at the metered parking space or on-street parking space with such a posted curbside pickup sign.

Any person posting a curbside pickup sign shall comply with such regulations.

16. Chapters 3.04, 3.16, and 9.61 and Section 3.12.905 of the Santa Monica Municipal Code are hereby temporarily suspended to the extent necessary to accommodate the posting and use of a curbside pickup sign as authorized by this Order.

17. The temporary curbside pickup program set forth in Sections 12 through 16 shall be in effect until February 28, 2022. If COVID-19 conditions in the City are such that it is in the interest of public health and safety to thereafter resume this temporary curbside pickup program during the pendency of this Order, the Director of Transportation Department or designee is authorized to resume the temporary curbside pickup program for a set term (i.e., from March 1 to March 31, 2022), so long as the City publishes notice and issues a press release on of the resumption of the program, including the dates when the resumed program will be in place.

D. General Provisions

18. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services, this Order shall remain in effect through, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or June 30, 2022, provided that City Council ratifies the need for continuing the local emergency due to COVID-19 every 60 days.

DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

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Packet Pg. 389 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) 12 19. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The City Manager hereby declares that he would have issued this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order, and each and every section, subsection, sentence, clause, or phrase of this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order not declared invalid or unconstitutional, without regard to whether any portion of this Order, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional.

ADOPTED this 27th day of January 2022.

By:

DAVID WHITE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:

DENISE ANDERSON-WARREN
City Clerk

JOSEPH LAWRENCE
Interim City Attorney
DocuSign Envelope ID: B00346FE-5ACC-4812-A6E1-4D62150A2718

3.F.d
Packet Pg. 390 Attachment: ExC-Supplement_42_Local_Emergency_COVID (4988 : Covid Reso and Proclomation) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.G
1 of 4
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Approval of Reinstatement and Third Modification of Agreement with Governmentjobs.com dba NEOGOV for Legally Required Job Applicant Tracking Software, Remote Testing Integration, Job Posting Website, and System Training
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a reinstatement and third modification of agreement #10257 with Governmentjobs.com dba NEOGOV, to extend the term of the agreement for an additional five years and increase the total compensation by $192,224, for the continuation of job applicant tracking software, remote testing integration, job posting website, and system training services. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.080(b). This will result in a reinstated and amended agreement for five years with a new total amount not to exceed $357,293, with future year funding contingent on Council budget approval.

Summary
Governmentjobs.com (doing business as NEOGOV) provides comprehensive applicant tracking software (Insight) used by the Human Resources Department for daily hiring operations. NEOGOV is tailored for public sector hiring, offering a more developed product than generic applicant tracking systems currently on the market. Staff recommends NEOGOV due to its ability to develop and maintain candidate eligibility lists, manage the submission and approval of electronic position requisitions, and track and notify applicants throughout the competitive selection process, and given its robust reporting functionality, including legally required Equal Employment Opportunity reporting. These features are essential to public sector hiring and the Civil Service

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process. Staff requests an exception to the competitive bidding process to execute a reinstatement and third modification of the City’s current agreement with Governmentjobs.com. The reinstatement and modification would extend the term of the agreement for an additional five years and increase compensation by $192,224, for a total not to exceed of $357,293.

Discussion
Governmentjobs.com is the only vendor with rights to host and support NEOGOV Insight, making the applicant tracking system used by Human Resources exclusive to this vendor. NEOGOV continues to lead the market for public sector applicant tracking systems.

The Human Resources Department recommends extending the current agreement with NEOGOV for an additional five years. The reinstatement is required since the previous agreement term expired. Governmentjobs.com was selected through a competitive bid process in 2004 and the City entered into a two-year original agreement. Following expiration of the original term the Human Resources Department requested an exception to the competitive bidding process, under the authority of the City Manager to continue working with the vendor. On February 23, 2016, City Council approval was received to execute an agreement with Governmentjobs.com in an amount not to exceed $36,000 for two years, with three additional one-year renewal options, for a total not to exceed of $93,305 for a five-year period.

December 18, 2018, City Council approved a first modification to this agreement to explore contracting with Governmentjobs.com for new employee onboarding software and performance evaluation software, resulting in an amended five-year agreement with a new total amount not to exceed $165,069. However, it was subsequently determined the City’s new Tyler Munis software provided the basic tracking abilities needed for performance evaluations and the City did not contract for the additional performance evaluation software. The City isn’t currently contracted with Governmentjobs.com for employee onboarding software as Staff is exploring an alternative software option for new employee onboarding that may better integrate with other City software systems.

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The NEOGOV Insight software is a web-based product tailored for the public sector and automates the City’s hiring process from requisition to hire. The continuation of this partnership allows for efficient online recruiting and applicant tracking, optional integration of applicant testing services, and provides the City with the necessary technical support for the City’s recruitment processes. Since Governmentjobs.com is the hosting company, there are no other vendors that have rights to provide training, support, and access to the NEOGOV software.

Vendor Selection
NEOGOV has provided applicant tracking services to the Human Resources Department since 2004 with an original two-year agreement, in an amount not to exceed $55,000. Following the expiration of the original agreement, the Human Resources Department requested an exception to the competitive bidding process, under the authority of the City Manager, to continue working with Governmentjobs.com, as it is the only vendor with rights to host and support NEOGOV, making the applicant tracking system used by Human Resources exclusive to this vendor. Continuing payments to this vendor would exceed the previously authorized City Council authority and therefore City Council approval is requested.

Past Council Actions
Meeting Date Description
02/23/2016
(Attachment A)
Authorization to execute a contractual services agreement with Governmentjobs.com
12/18/2018
(Attachment B)
Authorization for modification to the agreement to provide employee onboarding and performance management software and extend the term of the agreement, subsequently completed in two separate amendments.

Financial Impacts and Budget Actions
Staff seeks authority to extend the agreement term by five years and increase the contract amount by $192,224, for a total not to exceed of $357,294. Future funding is contingent upon Council approval and budget adoption.

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Contract/Agreement/Purchase Order Modification Request
Agreement #
Current
Authorized
Amount
FY 2021-22
Budget
Modified
Request
Amount
Future Year
Modified
Request Amount
Dept/CIP Account # Total Revised
Contract Amount
10257 $165,069 $22,284 $169,940 01130004-
552010 $357,293
Prepared By: Mark Brower, Deputy Director
Approved Forwarded to Council
Attachments:

A. Original Agreement
B. First Modification
C. Second Modification
D. NEOGOV Oaks Initiative 2022

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: Original Agreement (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: First Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: First Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

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Attachment: First Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV) 1 SECOND MODIFICATION OF AGREEMENT NO. 10257 (CCS)
This Second Modification of Agreement Number 10257 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Governmentjobs.com dba NEOGOV (“NEOGOV”) is made with reference to the following:

RECITALS
A. On or about May 12, 2016, the City and NEOGOV entered into Agreement Number 10257 (CCS) for job applicant tracking software services, through the Insight Enterprise Software License Subscription (“Original Agreement”).

B. On or about June 4, 2018, the City and NEOGOV entered into a First Modification of Agreement Number 10257 (CCS) (“First Modification”) to extend the contract term and increase the contract value. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and NEOGOV desire to modify the Agreement to extend the contract term, include additional services to be performed by NEOGOV, and increase the contract price to pay for those additional services.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on May 12, 2021, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.

2. Section 2 of the Agreement entitled “NEOGOV Services” shall be modified by adding the following paragraph:

Additional Services. NEOGOV will perform all of the additional services (“Additional Services”) described in Exhibit A-2, Scope of Services. NEOGOV will complete the Additional Services in accordance with Exhibit B-2, Budget.

3. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following sentences:

The City will compensate NEOGOV for the Additional Services in an amount not to exceed $71,634, as set forth in Exhibit B-2. The total compensation for services pursuant to the Original Agreement, the First Modification, and this Second Modification shall not exceed $165,069.

DocuSign Envelope ID: E6ADC891-E685-4440-B1B3-9F047F099F6C 4/2/2019

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Packet Pg. 409 Attachment: Second Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV) 2 4. Exhibit A-2 and Exhibit B-2 attached hereto are incorporated herein by this reference.

5. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: E6ADC891-E685-4440-B1B3-9F047F099F6C City Attorney
3/25/2019
Lane Dilg
John Closs
Controller
NEOGOV
3/25/2019
Rick Cole
City Manager
4/2/2019
Denise Anderson-Warren
City Clerk
4/4/2019

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Packet Pg. 410 Attachment: Second Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV) 3 Exhibit A-2
Scope of Services
Two annual renewal terms for Insight Enterprise Software License:

Term
5/13/2019-5/12/2020
5/13/2020-5/12/2021
One-time set up and two annual renewals of Onboard (ON) Subscription License.

Statement of Work

1.0 Onboard (ON)
Onboard (ON) is designed to facilitate the onboarding process for new hires. As described below, NEOGOV maintains standard forms as part of the annual subscription.

A subscription to Onboard (ON) will include the following functionality:
 Electronic Employee File
 Federal I9 and W4 forms
 Task Manager
 Employee data upload
 Build your own Onboarding forms*
*Onboard (ON) includes Federal I9 standard forms that are updated annually and Federal W4 forms updated every 2-4 years. Additional forms or form maintenance is available from NEOGOV at the following cost.  Background forms $295 per form
 Dynamic Forms $195 per form
 Updates to existing forms $200 an hour

2.0 NEOGOV Integrations
NEOGOV offers Standard Integrations as well as platform APIs for third party system integration(s). A subscription to Standard Integrations includes the following:
 Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings
 Annual maintenance by NEOGOV
Note: NEOGOV APIs are to be configured directly by the City using NEOGOV documentation. If required, professional services may be included by NEOGOV to help define and validate scope, business requirements, timelines, and associated costs (if applicable).

DocuSign Envelope ID: E6ADC891-E685-4440-B1B3-9F047F099F6C

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Packet Pg. 411 Attachment: Second Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV) 4 Setup and Implementation
The following activities will be conducted as a part of the Services:
 The City to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations.  NEOGOV will work with City staff to understand the existing processes as well as other workforce business practices where applicable.
 NEOGOV will establish the City’s production environment.  All NEOGOV products will be implemented off-site. Customer may integrate NEOGOV solutions with other systems using standard NEOGOV integration tools, web services and/or flat files. The specifications and scope must be defined prior to agreeing to a timeline or price.
 Following NEOGOV product rollout, NEOGOV and the City will conduct two post go-live conference call(s) (if scheduled) to ensure that the rollout was completed successfully and that any production questions are addressed promptly.

Training
 NEOGOV training is available online (web-based, pre-built, content).  NEOGOV’s pre-built, online training consists of a series of web courses as well as a series of hands-on exercise designed to introduce the standard features and functions and may be used as reference material by City staff following training to conduct dayto-day activities. The pre-built, online training includes exercises that are designed to be flexible enough to allow staff led training sessions internally to introduce user-specific requirements and processes for staff to learn the system as closely as possible to actual processes after go-live.

Annual Recurring Fees:
 The City shall pay all annual recurring Fees (including for any NEOGOV Integrations) for the Initial Term within 30 days of the date of contract execution.

Setup and Implementation Fees:
 The City shall pay all Setup and Implementation Fees within 30 days of the date of contract execution.

Training Fees:
 Customer shall pay all training Fees within 30 days of the date of contract execution.

DocuSign Envelope ID: E6ADC891-E685-4440-B1B3-9F047F099F6C

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Packet Pg. 412 Attachment: Second Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV) 5 Exhibit B-2
Budget
The City will compensate NEOGOV for two annual renewal terms of Insight Enterprise Software License.

Term Renewal Amount
5/13/2019-5/12/2020 $19,832.50
5/13/2020-5/12/2021 $19,832.50
The City will compensate NEOGOV for one time set-up and two annual renewals of Onboard (ON)
Initial Term: ON one time setup: and prorated term: 4/1/19 – 6/30/19 ON Annual Term 2: 7/1/19 – 6/30/20
ON Prorated Term 3: 7/1/20 – 5/12/21
Line Description1 ON Prorated Term
(4/1/19 – 6/30/19)
Non-Recurring
Fees

1. Onboard (ON) Subscription $6,300.00

2. Setup and Implementation $5,000.00
3 Standard Online Training (Cost waived if onsite training option is selected)Waived

4. 4 Days of Consecutive Onsite Training/System Setup NA $10,000.00

5. NEOGOV Integrations Subscription & Setup Not Included Not Included Sub Total: $6,300.00 $15,000.00
Total Due Now: $21,300.00
Line Description1 Onboard Annual Term
(7/1/19 – 6/30/20)

1. Onboard (ON) Subscription $25,200.00
Line Description1 Onboard Prorated Term
Fee2
(7/1/20 – 5/12/21)

1. Onboard (ON) Subscription $22,050.00
DocuSign Envelope ID: E6ADC891-E685-4440-B1B3-9F047F099F6C

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Packet Pg. 413 Attachment: Second Modification (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV)

CITY OF SANTA MONICA

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public
benefit: Governmentjobs.com Inc. (D/B/A NEOGOV)
Name(s) of trustees, directors, partners, and officers:

Shane Evangelist, CEO Stephen Koo, CFO
Name(s) of persons with more than a 10% equity, participation, or revenue interest: N/A No individual person with over 10% ownership.

Bid/PO/Contract # ____________________________ Permit # ___________________________ Michael Burns Accounting Director
3/3/2022
[email protected] 888-636-4681

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Packet Pg. 414 Attachment: NEOGOV Oaks Initiative 2022 [Revision 1] (4937 : Reinstatement and Third Modification with Governmentjobs.com dba NeoGOV) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.H
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Award Request For Proposal and enter into Agreement with EHS International, Inc. (EHS) for Cal/OSHA Safety Training
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 8421 to EHS International, Inc. (“EHS”) for required Cal/OSHA safety training;

2. Authorize the City Manager to negotiate and execute an agreement with EHS to provide safety training services, in an amount not to exceed $534,545 over a five-year period, with future year funding contingent on Council budget approval.

Summary
Staff recently solicited proposals for safety training services to satisfy extensive Cal/OSHA training requirements and City safety policies. These services are critical to maintain a safe workplace for our employees. Staff recommends the City Manager be authorized to negotiate and enter into a five-year agreement with EHS International, Inc. to provide specialized safety training to the City’s workforce.

Discussion
The Risk Management Division of the Finance Department is responsible for coordinating the City’s Safety Program and providing departments with tools and assistance to comply with various safety regulations and policies. Most of these regulations are set and enforced by the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA. Under Cal/OSHA regulations, employers must provide job-specific safety training to their employees on a regular basis. Due to the

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breadth of services that the City provides, the mandated training for our workforce is extensive and varied, including confined space training, fall protection, hearing conservation, heat illness prevention, ladder safety training, lock out/tag out training, and other trainings. As such, the City has historically used private safety consultants who possess specialized technical knowledge to deliver the training. EHS International, Inc. has been providing the training to City staff since September 2016.

Vendor/Consultant Selection
Bidder Recommendation
Best Qualified Person/Firm EHS International, Inc.

Evaluation Criteria Previous experience; the ability, capacity, and skill of the vendor to deliver services; the quality of training materials; and compliance with City specifications.

Municipal Code SMMC 2.24.190
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
09/05/2021 City's Online
Bidding Site Santa Monica Daily Press 12 10/05/2021
Additional Vendor Outreach & Justification to Award
Given the breadth of highly specialized safety training that the City has to provide to its workforce, the single vendor response was not surprising. Nonetheless, Procurement conducted additional outreach to vendors who downloaded the bid to see why they did not submit a bid; the effort did not yield any responses. Staff’s review of EHS International, Inc.’s submittal confirmed the proposal met the RFP’s requirements and offered competitive pricing consistent with rates in their previous contract. Further, the firm has a long track record of providing the City with competent and cost-effective safety training service. Based on these criteria, EHS International, Inc. is recommended as the best bidder.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Self-Insurance, Workers’ Compensation Fund to award an agreement to EHS International, Inc. for Cal/OSHA safety training service. Costs for the first three years of the agreement will not exceed

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$105,000; each year thereafter contains an annual increase based on the Consumer Price Index Capped at 3%. Future year funding is contingent on Council budget approval.

Agreement Request
FY 2021-22
Budget
Request Amount
Department/CIP Account # Total Contract
Amount
$35,545 74800002.552010 $535,545
Prepared By: Gigi Decavalles-Hughes, Director
Approved Forwarded to Council
Attachments:

A. ehsInc OAKS INITIATIVE 2.17.22

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CITY OF SANTA MONICA

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Packet Pg. 418 Attachment: ehsInc OAKS INITIATIVE 2.17.22 (4965 : Cal/OSHA Safety Training) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.I
1 of 5
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution for AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through April 7, 2022.

Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act’s limitations on such meetings, while a state of emergency resulting from the COVID-19 pandemic remains active and state or local officials have imposed or recommended measures to promote social distancing.

Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (references to “Section” are to the Government Code). At the September 28, 2021 regular meeting, the City Council adopted Resolution No. 11362 (CCS), which made such findings based on the existence of the Governor’s State of Emergency

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Declaration issued on March 4, 2020, the City’s declaration of a local emergency issued March 13, 2020, and that the Los Angeles County Department of Public Health continued to recommend social distancing as one measure to reduce the spread of COVID-19.

Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3).

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
(1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
(2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
(3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
(4) the public must be able to attend the meeting via call-in option or internetbased service option;

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(5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and
(7) where, as in Santa Monica, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).

Since the City Council made the initial AB 361 findings on September 28, 2021, every 30 days thereafter, the City Council has made the required findings for the continued reliance on AB 361. Given the continuing COVID-19 emergency and that, as of March 2, 2022, Los Angeles County remains at a high COVID-19 community level of COVID-19 and the Los Angeles County Department of Public Health continues to recommend social distancing as one mechanism for preventing the spread of COVID-19, particularly in crowded indoor public settings and to protect those who are immunocompromised, not fully vaccinated, or eligible to be vaccinated, staff recommends that Council adopt the proposed resolution making the findings required to continue to invoke AB 361. It is anticipated that Los Angeles County will move to a low COVID-19 community level on March 4, 2022, and that the Los Angeles County Department of Public Health will continue to strongly recommend social distancing measures, such as masking, to reduce risks posed in indoor public settings. To ensure that all members of the public— including those who are immunocompromised, not fully vaccinated, eligible to be

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vaccinated or reside with such individuals—have the opportunity to address the City Council and offer comment in real time, staff recommends that Council adopt the proposed resolution, even if Los Angeles County moves to a lower community level of COVID-19 risk. Adopting the resolution will allow the City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference after the March 8, 2022, City Council meeting through April 7, 2022, without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply.

The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings conducted after March 8, 2022, similarly comply with the requirements of AB 361. Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days. However, because the first City Council meeting in April 2022 will be on April 11, 2022, if local conditions warrant it, an additional resolution may be required to be adopted at the Council meeting on March 22, 2022 to ensure compliance with the 30-day findings requirement.

Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2021-22 budget.

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Prepared By: Joseph Lawrence, Interim City Attorney
Approved Forwarded to Council
Attachments:

A. RESO-reso-AB361-3.8.22

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1 City Council Meeting: March 8, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361

TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE

MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make

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Packet Pg. 424 Attachment: RESO-reso-AB361-3.8.22 (5019 : AB 361 Findings Re: Teleconference) 2 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2021 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, 2020, and December 15, 2020, and January 26, March 23, effective May 22, July 13, August 24, 2021, October 26, 2021,and December 7, 2021, with the result that the proclamation of a local emergency based on the COVID19 pandemic remains in place; and WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of Health Officer Orders containing mandates or recommendations for keeping safe and

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Packet Pg. 425 Attachment: RESO-reso-AB361-3.8.22 (5019 : AB 361 Findings Re: Teleconference) 3 preventing the spread of COVID-19, including measures to promote social distancing; and
WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service

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Packet Pg. 426 Attachment: RESO-reso-AB361-3.8.22 (5019 : AB 361 Findings Re: Teleconference) 4 option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and
WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and

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Packet Pg. 427 Attachment: RESO-reso-AB361-3.8.22 (5019 : AB 361 Findings Re: Teleconference) 5 WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, January 11, 2022, and February 8, 2022, the City Council adopted Resolution Numbers 11362, 11378, 11384, 11390, 11393, and 11399, respectively, which made the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County public health officials of measures to promote social distancing, particularly for crowded indoor settings and to protect those who are immunocompromised or not fully vaccinated, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.

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Packet Pg. 428 Attachment: RESO-reso-AB361-3.8.22 (5019 : AB 361 Findings Re: Teleconference) 6 SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing and protect public health, particularly for crowded indoor public settings and to protect those who are immunocompromised or not fully vaccinated.

SECTION 3. As a result of the findings in Sections 1 through 2 above, the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 429 Attachment: RESO-reso-AB361-3.8.22 (5019 : AB 361 Findings Re: Teleconference) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.J
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Accept Proposal and Enter into Agreement with Major League Baseball for 2022 All Star Event
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a license agreement with Major League Baseball for use of the Pier Deck (Newcomb) Parking Lot and adjacent beach area from July 12-18, 2022 for the “MLB All-Star Oceanfront” Festival.

Summary
On July 19, 2022, Major League Baseball (MLB) will host its annual All-Star Game at Dodger Stadium in Los Angeles. MLB approached the City proposing to hold an “AllStar Oceanfront” event the weekend preceding the All-Star Game, July 15-17, 2022, at the Santa Monica Pier and adjacent beach area. The All Star Oceanfront event is a free, three-day public festival for fans to enjoy baseball themed activities, games, music, merchandise, and food. Because the proposed footprint of the event extends beyond the Pier Deck Parking Lot that would otherwise be processed via our Community Events Permit and Site Guidelines, a stand-alone license agreement is required to authorize the proposed use by MLB. Given the unique benefits from having a high-profile activation in a signature location tied to a major sporting event, particularly to advance an equitable and inclusive economic recovery in the City, staff is seeking Council approval for the City Manager to negotiate and enter into a License Agreement with MLB to enable its All-Star Oceanfront event.

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Discussion
Major League Baseball (MLB) consists of 30 teams in the U.S. and Canada, and its AllStar Game is an annual mid-summer event held since 1933. The venue for the game rotates among MLB ballparks each year, and the 2022 game will be held at Dodger Stadium. MLB plans a series of “All-Star Week” events for fans in the host city, though typically in the immediate area around the ballpark. For this year’s game, MLB is seeking to broaden the reach and appeal of its events by holding a beach-themed “AllStar Oceanfront” festival to enable fans of all ages to join in the MLB All-Star festivities, and they have proposed to hold the event at the Santa Monica Pier and Beach from July 15-17, 2022. The event would feature baseball on the beach, music, interactive games, free giveaways, baseball themed food and beverage, All-Star merchandise, photo ops, sand sculptures and more, and would be free and open to all.

Specifically, MLB’s proposal, attached, envisions a number of activations on the Pier Deck Parking Lot including pitching cages, e-sports, sponsor displays and games, an MLB All-Star merchandise shop, food and beverage in conjunction with current Pier tenant restaurants, and local music/DJ entertainment. The adjacent beachfront would feature a “sand lot” baseball diamond for youth and celebrity games, temporary bleachers for viewing, yoga, sand sculptures, and photo ops. In its proposal, MLB has outlined a sustainability plan with a goal of a zero-waste event, a security plan to ensure visitor and public safety, parking and transportation management including bike valet, and close marketing coordination with local partners such as the Pier Corporation, Santa Monica Travel & Tourism, and Downtown Santa Monica, Inc., to support Santa Monica’s hospitality and retail businesses and ensure they benefit from the event.

The City’s Community Events Permit process and Site Guidelines do not currently allow for events on the Santa Monica Beach during the peak summer months, in order to preserve maximum access for beachgoers. Outside of summer, beach events are required to have a “beach-related activity” such as beach sports as a primary component. Accordingly, MLB’s proposal could only move forward under existing City processes if it were limited to the Pier Deck Parking Lot, in which case the permit would be administered by the Pier Corporation. Because MLB is seeking use of the adjacent

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beach area just south of the Pier Deck as part of its overall event site plan for the festival, it cannot proceed solely via a Community Events Permit, and would instead require a stand-alone License Agreement with the City.

In shaping its event proposal, MLB has engaged extensively with a number of relevant City departments, including the Santa Monica Police Department, Public Works and its Office of Sustainability and the Environment, Mobility and Parking staff within the Department of Transportation, Economic Development/Pier Management, the Community Events Team, the City Attorney’s Office, and the City Manager’s Office. City staff have focused on coordination with MLB to align its event plans with key Council and community objectives—including safety and security of the event site and surrounding areas, environmental sustainability, planning for traffic management and alternative mobility options, and supporting economic development for the City and local businesses at the Pier and beachfront in particular. Staff is supportive because of the potential economic impact and the opportunity to leave a lasting positive legacy for the community and the City’s brand. MLB has also pledged to work with Santa Monica’s youth baseball and softball leagues to tie the event to our local youth and inspire their excitement for the sport. MLB has also worked closely with the Pier Corporation, which would maintain primary responsibility for coordination and management of the event to ensure compliance with City policies, and the Pier Lessees Association, and both groups have been strongly supportive.

Direct economic benefits from the MLB All-Star Oceanfront festival to the City would flow from a significant rental/event fee that would be subject to final negotiation with MLB as part of the license agreement. The fee would be based on fees charged under the Community Events Permit as well as through stand-alone license agreements such as that of the Independent Spirit Awards for use of the 1550 Parking Lot, and staff currently estimate a total fee of approximately $510,000 plus applicable City fees including funds for a Parking and Traffic Management Plan, and any additional Beach Maintenance supplemental cleaning services. Fees charged to MLB would ensure full cost recovery for City service and staffing levels necessary to ensure a clean, safe, and successful event. In addition, the event would generate revenue to the City via transient

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occupancy taxes, sales tax, and parking revenue from visitors who stay, dine, and shop in Santa Monica while attending the event, as well as the MLB staff, contractors, and sponsors who would dine and shop at Pier merchants during the week of the event activation.

In addition, considerable benefit to the City’s brand, global visibility, and reputation would accrue from one of its most iconic and picturesque locations being used as a key event site related to a major, globally followed sporting event. This was demonstrated as recently as February 2022 with the NFL’s Super Bowl LVI in Inglewood, for which NBC Sports located one of its primary pre-game broadcast locations on the Santa Monica Pier with a stunning backdrop of the iconic Ferris wheel and beachfront. Such activations and brand enhancement provide long-term boosts to economic investment and regional, national, and international tourism in Santa Monica. This activation will also provide the City with relevant experience leading up to the 2028 Summer Olympics, where the beach volleyball events are slated to be hosted at Santa Monica Beach adjacent to the Pier.

Coastal Commission Approval
This event will likely require a Coastal Development Permit because it is located between Memorial Day and Labor Day, pursuant to the Coastal Commission’s adopted Guidelines for the Exclusion of Temporary Events from Coastal Commission Permit Requirements, dated May 12, 1993. The City’s adopted 1992 Coastal Land Use Plan would be the standard of review, in addition to the aforementioned guidelines, however, the 1992 LUP does not contain any policies regarding temporary events.

Financial Impacts and Budget Actions
The direct financial impact for the City is not precisely known, but a substantial rental and event fee would be paid to the City by MLB should Council authorize staff to negotiate and execute a license agreement for this event, which would include full cost recovery for City service and staffing impacts. The City’s portion of the established Pier Deck rental fee for MLB’s proposed nine days of use would result in $132,000 in direct income for the Pier Fund, which will be deposited in account 53700001.409850. Other

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revenues associated with the license agreement will be deposited in the Pier and Beach Funds, as appropriate. Additional ancillary positive impacts would accrue through additional transient occupancy tax, sales tax, and parking revenue, along with benefits related to enhancement of the City’s brand and marketability to visitors.

Prepared By: Anuj Gupta, Assistant City Manager
Approved Forwarded to Council
Attachments:

A. MLB All-Star Oceanfront Proposal July 15-17 2022
B. 2022 OAKS INITIATIVE FORM (MLB) (rev)

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2022 CITY OF SANTA MONICA PROPOSAL
February 2, 2022
We are submitting this RFP for the 2022 MLB All-Star Oceanfront SUBMITTED BY: BERNIE GOON

SENIOR MANAGER, MLB
EVENT DATE: FRIDAY, JULY 15, 2022
SATURDAY, JULY 16, 2022
SUNDAY, JULY 17, 2022
LOCATION: SANTA MONICA PIER DECK PARKING LOT AND ADJACENT

BEACH SOUTH OF THE PIER DECK

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Packet Pg. 435 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Organization Name: Major League Baseball
Event Names: 2022 MLB All-Star Oceanfront
Organization Contact: Bernie Goon

Event Contact: Bernie Goon
Carol Ann Lafferty
Event Dates: FRIDAY, JULY 15, 2022
SATURDAY, JULY 16, 2022
SUNDAY, JULY 17, 2022
Event Hours: Start Time 11:00AM (TBC)
End Time 7:00PM (TBC)
Hours apply to both the pier deck parking lot and beach Expected Attendance: 8,000 per day or 24,000 total for the event Proposed License Term: Tuesday, July 12 – Tuesday, July 19, 2022 Site Plan: Please see attached preliminary 2022 site plan for Pier Deck parking lot and beach South of the Pier
About Major League Baseball:

Major League Baseball (MLB) is the most historic professional sports league in the United States and consists of 30 member clubs in the U.S. and Canada, representing the highest level of professional baseball. Led by Commissioner Robert D. Manfred, Jr., MLB remains committed to making an impact in the communities of the U.S., Canada and throughout the world, perpetuating the sport's larger role in society and permeating every facet of baseball's business, marketing, community relations and social responsibility endeavors. MLB currently features record levels of competitive balance, continues to expand its global reach through programming and content to fans all over the world, and registered records in games and minutes watched this season on MLB.TV. With the continued success of MLB Network and MLB digital platforms, MLB continues to find innovative ways for its fans to enjoy America's National Pastime and a truly global game. For more information on Major League Baseball, visit www.MLB.com.

About MLB All-Star Oceanfront:

MLB All-Star Oceanfront will kick off MLB All-Star Week and is a 3-day beach festival where all can enjoy baseball on the beach, music, interactives, games, free giveaways, baseball themed food and beverage, All-Star Game merchandise, photo ops, sand sculptures and more. It’s an opportunity for fans of all ages to participate in the MLB All3.J.a Packet Pg. 436 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Star festivities in Santa Monica from July 15-17, 2022. Entry to the event is free for everyone.

The event footprint will consist of two adjacent locations. Current plans and activities are below (subject to change).
1) Pier deck parking lot
a. Batting cages
b. Pitching cages
c. Esports
d. Make your own custom baseball card
e. Partner activations which may include product displays, games, samples and giveaways
f. Official MLB All-Star Game merchandise retail location g. Food and beverage in collaboration with the current restaurants on the pier h. Music (daytime DJs and local performing artists)
2) Beach
a. Baseball diamond
i. Invite youth leagues from Santa Monica and LA area to participate in games and clinics
ii. Host games that include a former player, celebrity fan and a Sandlot legend
iii. Offer free play for beachgoers and fans to sign up to play on our baseball diamond
b. Yoga
i. One 60 minute session each day for approximately 200 people c. Photos ops
d. Sand sculpting

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Packet Pg. 437 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Food/Beverages:

MLB will work with the Santa Monica Pier Lessees Association to identify current tenants who are interested in serving baseball themed food and beverage at the event on the pier deck parking lot. Anheuser-Busch may potentially want to sell beer from one of their portable bars and create a beer garden within the Taste of LA section of the pier deck parking lot. Anheuser-Busch will look to work with a current tenant to have them pour from their portable bar or from one of the restaurant patios that are adjacent to our footprint (Albright, Rusty's and/or Seaside on the Pier). MLB is currently working with the Santa Monica Pier Corporation and the City of Santa Monica to identify options.

Resource and Recovery & Recycling Plan:

Major League Baseball is planning to activate several sustainability initiatives at Santa Monica’s Oceanfront during All-Star Week. MLB aims to align with Santa Monica’s goals of making this event zero waste, water efficient, and carbon neutral, leaving the site in the same condition as it was prior to the event. MLB plans to provide attendees with options for locally sourced food, reusable water bottles and refill stations, and additional opportunities to recycle. MLB plans to encourage and promote the use of alternative transportation methods such as biking, walking, and public transit. MLB plans to have the Green Team present in Santa Monica where, if possible, they will complete a volunteer event (e.g., beach clean-up with Heal the Bay) as well as educate attendees on sustainability best practices. Following the event, MLB intends to donate leftover food locally and offset the energy & carbon usage associated with the oceanfront site.

We will use a private contractor that has been pre-approved by the City of Santa Monica.

We will have (80-100) trashcans, (1) 3-yards and (3-4) 20-yard dumpsters onsite.

Recycling bins will be placed throughout the event site. The private contractor will pick up all dumpsters at the end of the event. The waste and recycled materials will be separated. Janitorial staff all day and post-event close each day to empty and reset trash cans
Building & Safety:

We will have one stage on the pier deck parking lot and the height is 42-48 inches.

We also plan to place some temporary bleachers on the beach for fans to enjoy the baseball games.
• Bleachers: 2 rows in “L” formation / each approx. 96 LF • 6 rows @ 96LF: 342 seats x 2 = 684 total
• 11 rows @96LF 627 seats x 2 = 1,254 total
• Load In Timing and Beach Conditions to determine which option can be used

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Packet Pg. 438 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Accessibility Plan:

Tents are all ground level and ramps are built, if needed. We will supply ADA restrooms on site.

Security:
• MLB will establish a secured zone for all MLB related activations • Fans entering the secured zones will be screened prior to entering the secured zone.
• MLB Security will contract with Contemporary Security Services (CSC) to provide 24hr security coverage for the event from load in to load out • MLB Security will coordinate with the Santa Monica Police Department (SMPD) and Emergency Medical Services to ensure the appropriate resources are present for the event
• MLB Security will also have a representative on site or readily available to respond to any security related incident along with contracted resident security agents
Parking & Transportation Management:

MLB plans to work closely with the SMDOT to promote the use of public transportation including the Metro Bike Share program to get to and around Santa Monica and our event. MLB’s Marketing Plan will include transportation messaging to educate attendees on and encourage them to utilize other forms of transportation to and from the event.

We plan to assist in communicating alternative parking lots by the way of signage and offer bike valet during our event.

Neighborhood Communication
Bernie Goon and Carol Ann Lafferty will be the main contacts for all neighborhood correspondences and will work closely with the City to alleviate any issues that may arise.

Marketing
MLB Marketing will support the All-Star Oceanfront event at the Santa Monica Pier, locally and regionally, through Owned & Operated assets and additional inventory secured within the market.

We will continue to work closely with the SMPLA to support business on the pier pre, during and post event. In addition, we will look to work closely with Santa Monica Travel and Tourism on marketing the event, the city and the Santa Monica Pier which may lead to additional overnight stays.

For partners who are interested in hosting hospitality events, we will recommend the use of Third St Promenade and Downtown Santa Monica. We will discuss potential opportunities with Downtown Santa Monica Inc.

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Packet Pg. 439 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Production Timeline for 2022
Monday, July 11, 2022
City of SM to ensure the Pier deck parking lot is clear by EOD as install will begin at 8:00AM the following day.

Tuesday, July 12, 2022
8:00 am – 10:00 pm

PIER DECK PARKING LOT
• Marking, Structures, Power, Lighting Towers, Dumpsters (or similar) • 24 Hour Security onsite from Tuesday until the last day of strike Wednesday, July 13, 2022
8:00 am – 10:00 pm

PIER DECK PARKING LOT
• AV, Audio, Lighting, Furniture
• Sponsor and Vendor Load in
Thursday, July 14, 2022
8:00 am – 10:00 pm:

PIER DECK PARKING LOT
• Sponsor and Vendor Load In
BEACH
• Seating, Tech, Marking of Field, Photo Ops, Sand Sculpture Area, Rope off areas Friday, July 15, 2022 - EVENT DAY
11:00 am – 7:00 pm (TBC)
• SMPD K9 Sweep with security (TBC)
Saturday, July 16, 2022 – EVENT DAY
11:00 am – 7:00 pm (TBC)
Sunday, July 17, 2022 – EVENT DAY
11:00 am – 7:00 pm (TBC)

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Packet Pg. 440 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Monday, July 18, 2022
8:00 am – 10:00 pm

PIER DECK PARKING LOT
• Load out of Sponsor/Vendor elements, AV, Lighting, Furniture, Power, Structures. 8:00 am – 1:00 pm
BEACH
• Load out of all elements
• Return beach to the city by 1:00 pm
Tuesday, July 19, 2022
8:00 am – 10:00 pm

PIER DECK PARKING LOT
• Load out of structures and related elements
• Return lot to the city by 10:00 pm

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Packet Pg. 441 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball

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Packet Pg. 442 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball

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Packet Pg. 443 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball

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Packet Pg. 445 Attachment: MLB All-Star Oceanfront Proposal July 15-17 2022 (5020 : Accept Proposal and Enter into Agreement with Major League Baseball Please attach additional pages if more space is required.

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

DocuSign Envelope ID: 8D215397-CFE9-4C75-8412-93422BB1FC99

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Packet Pg. 446 Attachment: 2022 OAKS INITIATIVE FORM (MLB) (rev) (5020 : Accept Proposal and Enter into Agreement with Major League Baseball for 2022 Please attach additional pages if more space is required.

CITY OF SANTA MONICA

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ Office of the Commissioner of Baseball Robert J. Manfred, Jr., Chief Executive Officer N/A
Sarah Horvitz SVP & Head Counsel, Business and Technology [email protected] 212-931-7800 DocuSign Envelope ID: 8D215397-CFE9-4C75-8412-93422BB1FC99 03/03/2022 | 19:03:48 EST

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Packet Pg. 447 Attachment: 2022 OAKS INITIATIVE FORM (MLB) (rev) (5020 : Accept Proposal and Enter into Agreement with Major League Baseball for 2022 City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.K
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To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

Summary
The City Council’s Rules of Order and Procedure are currently set forth in Resolution No. 11360, which was adopted on September 14, 2021 (Attachment A). At the February 22, 2022 City Council meeting, City Council approved a 13-Item brought forth by Councilmembers Negrete and Brock stipulating that no new agenda items, other than Public Input, would be considered after 11:00 p.m., unless consideration is approved by a two-thirds vote of the Councilmembers present.

With the re-opening of City Hall, staff recommends amending the Council’s Rules to change the agenda posting location from the lobby of City Hall to the windows of the Santa Monica Institute (SMI) room located at The Civic Center Parking Structure, 330 Olympic Drive, 2nd floor, Santa Monica, CA 90401.

Discussion
The new rules as stated above would be incorporated into the Council Rules of Order and Procedure as follows:

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RULE 28. ADJOURNMENT.

No new item, other than Public Input, shall be considered after 11:00 p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.

And, changing Rule 5 (d)
(d) The City Clerk shall post the Agenda as required by the Brown Act. Copies of the Agenda shall be posted in the lobby of City Hall on the windows of the Santa Monica Institute (SMI) room, located at The Civic Center Parking Structure, 330 Olympic Drive, 2 nd floor, Santa Monica, CA 90401. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements.

Financial Impacts and Budget Actions
There are no financial impacts or budget actions required with this item.

Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:

A. RES-Res-CouncilRules-Revised-20220308

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1 City Council Meeting: March 8, 2022 Santa Monica, California RESOLUTION NO. ____ (CCS)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND

PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11360 (CCS)

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:

RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.

Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order.

The City Council rules, or any one thereof, may be suspended by a vote of twothirds (2/3) of the Councilmembers present.

RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.

Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other

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Packet Pg. 450 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 2 agenda items shall commence no earlier than 6:30 p.m., following the Closed Session. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.

RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules action shall be taken by a majority vote of the entire membership of the City Council. However, in the case of a quasi-judicial hearing, if only four Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as five Councilmembers are participating.

Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when his or her name is called and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.

The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters.

RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.

As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed

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Packet Pg. 451 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 3 Session from which the public is excluded, for those purposes authorized by the Brown Act.

No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication which took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.

RULE 5. AGENDA.

The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. Councilmembers should endeavor to submit Councilmember agenda items as follows: (1) for regular meetings, by 3:00 p.m. on Thursday in order to ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current agenda.

Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Councilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be included with the

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Packet Pg. 452 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 4 agenda item: “This item may be considered with Item.” The City Manager may combine staff items on the agenda in order to ensure that the public’s business is handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the BrownAct. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401 in the lobby of City Hall. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or his or her designee and either shall be transmitted to the appropriate board, commission or staff member or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests which are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial

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Packet Pg. 453 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 5 purpose the advancement of any cause the major benefit of which is private and not public.

Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (h) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.

RULE 6. CATEGORIES AND ORDER OF BUSINESS.

The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies.
(f) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined

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Packet Pg. 454 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 6 in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (g) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.
(h) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(i) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(j) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.

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Packet Pg. 455 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 7 (2) Introduction and First Reading.
(k) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(l) Public Hearings. This item consists of public hearings required by specific provisions of law.
(m) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. (n) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(o) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(p) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways. (q) Public Input. This item allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.

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Packet Pg. 456 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 8 RULE 7. PREPARATION OF MINUTES.

The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.

RULE 8. APPROVAL OF MINUTES.

Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.

RULE 9. PRESIDING OFFICER.

The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.

RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and (5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.

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Packet Pg. 457 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 9 RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.

Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.

The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.

RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff shall address his or her questions to the City Manager, the City Attorney, the City Clerk or designated staff. Members of the City staff, after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, he or she shall cease speaking until the question of order is determined. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present.

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Packet Pg. 458 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) 10 (e) Point of Personal Privilege. The right of a Councilmember toaddress the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned or where the safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.

Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating his or her views on a particular agenda item.

RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.

Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall

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Packet Pg. 459 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.

On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.

RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all agenda items, except ordinances for second reading, and the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration.

Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the CityCouncil regarding any item on the Agenda for public discussion shall register with the City Clerk staff or the staff managing phone calls through a call-in service provider prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each member of the public addressing the City Council shall go to the podium or be selected from the phone comment queue to speak, state his or her name and whom he or she is representing, if he or she represents an organization or other person. Each member of the public is encouraged, but not required, to also state his or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under

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Packet Pg. 460 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) consideration without first securing City Council approval. (d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 2:00 p.m. on the day of the Council meeting best efforts shall be made to have them posted on the Council’s online agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per agenda item unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. For purposes of these Rules, the consent calendar shall be considered one item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf and members of the public with physical constraints on their ability to remain at the meeting or on the phone line for an extended period of time, and to the extent possible alternating between members of the public physically present at the meeting and those who have called in. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies, either in person or by phone. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A member of the public wishing to speak on more than one item shall limit his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member ofthe public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the six-minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports. (f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant

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Packet Pg. 461 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) shall have the opportunity to address the City Council first and last. (g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council. Proclamations, commendations and appearances by special guests are ceremonial items. In order to ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per agenda item. The speaker and the person donating time shall turn in their chits together, notify the clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that he or she is speaking for both. Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in

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Packet Pg. 462 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.

RULE 16. RULES OF CONDUCT AND SAFETY.

When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience.

Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.

The Chief of Police or such member or members of the Police Department as he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require him or her to do so.

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Packet Pg. 463 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) RULE 17. SEATING ORDER.

After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor.

RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.

Every Councilmember is entitled to vote unless disqualified by reason of aconflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.

RULE 19. VOTING PROCEDURE.

Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon his or her name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.

RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.

Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

RULE 21. TIE VOTE.

Tie votes shall be lost motions.

RULE 22. CHANGING VOTE.

The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.

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Packet Pg. 464 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) RULE 23. AGENDA MANAGEMENT.

At any time prior to the City Council taking up agenda items after the report back from Closed Session, any member of the City Council may make a motion for agenda management to reorder or combine agenda items. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call agenda items in accordance with the agenda as modified by the motion.

RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.

The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.

RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.

The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.

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Packet Pg. 465 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) RULE 26. RECORD OF MEETINGS.

All public meetings of the City Council shall be recorded. The recording shall be made by the City Clerk and retained in accordance with the City’s record retention schedule. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.

RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.

RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.

RULE 2829. INTERPRETATION AND MODIFICATION OF THESE RULES.

These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.

RULE 2930. FAILURE TO OBSERVE RULES OF ORDER.

These rules of order and procedures govern the conduct of City Council meetings.

These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
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Packet Pg. 466 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) SECTION 2. Resolution Number 11360 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_____________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 467 Attachment: RES-Res-CouncilRules-Revised-20220308 (4962 : Modifying Council Rules to End Meeting at 11 pm) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.L
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Approval of Reinstatement and Seventh Modification with Goodwin Simon Strategic Research (GSSR) to Conduct Resident Polling Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a reinstatement and seventh modification to agreement #10141 increasing the term of the contract with Goodwin Simon Strategic Research (GSSR) to June 30, 2024 and adding additional services to conduct resident polling related to Santa Monica’s potential revenue measures. This will result in a reinstated and amended agreement with a new total term of eight years and four months. The total amount of the contract will be unchanged at not to exceed $385,800 with future year funding contingent on Council budget approval.

Summary
On February 8, 2022, Council directed staff to determine the feasibility of placing up to two revenue producing measures on the November 2022 ballot. The two proposed measures would include a parcel tax and an increase in the transient occupancy tax.

The measures would help the City restore and enhance services, especially services addressing the community priorities of Addressing Homelessness, Clean and Safe Santa Monica, and Equitable and Inclusive Economic Recovery as well as supporting the restoration of Library services that were severely reduced when the City restructured its budget in response to the revenue fallout caused by the COVID-19 pandemic.

A key component of the analysis is the polling of Santa Monica likely voters to determine community support for these measures. Goodwin Simon Strategic Research

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(GSSR) has been providing polling services to the City for a number of years, and their familiarity with the City will greatly assist in crafting and conducting the poll. Because of this and the short time period required to complete the poll, staff is recommending reinstating and modifying a contract with GSSR to conduct a community poll during Spring 2022.

Discussion
The City has begun its recovery from the economic devastation from the COVID-19 pandemic. However, it still will take some time to recover the General Fund revenue declines of nearly $190 million suffered during the pandemic period. Even with the recent uptick in revenues, FY 2021-22 estimated revenues are still approximately $30 million below the pre-COVID peak in FY 2018-19 and $50 million less than they would have been anticipated to be had the pandemic and resulting recession not occurred.

Therefore, Council asked staff to examine the feasibility of placing revenue measures on the 2022 ballot.

One of the first steps in analyzing the feasibility, timing and structure of the potential revenue measures is to poll community residents regarding their interest. The final decision as to which tax measure(s) to pursue, the structure of each tax, and the timing for placement on the ballot will be recommended after research and polling are completed. The survey will be scientifically conducted in English or Spanish using text invites to an on-line survey as well as phone calls. Staff will return to Council with further information in the coming months. The first significant revenue impact from any successful November 2022 ballot measure would not be realized until FY 2023-24.

Vendor Selection
The City originally entered into Agreement #10141 (CCS) with GSSR on February 29, 2016 to conduct the City’s annual resident survey, a scientific survey of all Santa Monica residents which assists the City in identifying community priorities and needs. The City last modified the agreement in April 2020, the sixth modification, to fund a survey on potential 2020 ballot measures including the successful Measure SM

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that resulted in an increase in the City’s Documentary Transfer Tax. Agreement #10141 expired on June 30, 2021.

Conducting a competitive request for proposals is not feasible at this time because of the short timeline to prepare measures for the November 2022 ballot. GSSR is a California-based firm that has conducted extensive polling related to ballot measures, candidates for office, and other targeted purposes for public agencies and other clients throughout California and the United States. Reinstating the Agreement #10141 for an additional three-year period would allow staff to complete the surveys needed before the November 2022 ballot and also allow for any potential surveys needed ahead of the 2024 ballot.

Past Council Actions
Meeting Description
7/28/2015
(Attachment H)
Not to exceed (NTE) $83,400 to conduct one bi-annual resident survey, with option of one renewal for one additional bi-annual survey. Total 4 year agreement.
2/25/2020
(Attachment I)
Approved additional $62,000, new NTE $385,800. Contract term remains 5 years. (Item 8.b Midyear Budget - item 9)
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. There is sufficient budget within the General Fund to fund the contract modification. Staff will complete a request for proposals for any additional work following the completion of this contract term.

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Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:

A. Attachment A - Goodwin Original Contract No.10141
B. Attachment B - Goodwin Contract No. 10141 First Modification C. Attachment C - Goodwin Contract No. 10141 Second Modification D. Attachment D - Goodwin Contract No. 10141 Third Modification E. Attachment E - Goodwin Contract No. 10141 Fourth Modification F. Attachment F - Goodwin Contract No. 10141 Fifth Modification G. Attachment G - Goodwin Contract No. 10141 Sixth Modification H. Attachment H - Staff Report: Original Authorization of Agreement with Goodwin Simon
I. Attachment I - Minutes: Authorization for Sixth Modification of Agreement with Goodwin Simon (Web Link)
J. Attachment J - Goodwin Simon Oaks Initiative Form

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Packet Pg. 557 Attachment: Attachment E - Goodwin Contract No. 10141 Fourth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 1 FIFTH MODIFICATION OF
PROFESSIONAL SERVICES AGREEMENT NO. 10141 (CCS)
This Fifth Modification of Professional Services Agreement Number 10141 (CCS) (“Fifth Modification”), entered into as of _____________, 2019 (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Goodwin Simon Strategic Research (“Goodwin Simon” or “Consultant”) is made with reference to the following:

RECITALS
A. On or about February 29, 2016, the City and Goodwin Simon entered into Professional Services Agreement Number 10141 (CCS) for services to conduct the City’s Biennial Citywide Resident Satisfaction Survey for a total amount not to exceed $83,4000.

B. On or about March 31, 2016, the City and Goodwin Simon entered into a First Modification of Professional Services Agreement Number 10141 (CCS) (“First Modification”) which included additional resident survey services and increased the contract price by an additional $30,000 for a total not to exceed $113,400.

C. On or about April 26, 2016, the City and Goodwin Simon entered into a Second Modification of Professional Services Agreement Number 10141 (CCS) (“Second Modification”) which included additional resident survey services and increased the contract price by an additional $69,050 for a total not to exceed $182,450.

D. On or about July 15, 2016, the City and Goodwin Simon entered into a Third Modification of Professional Services Agreement Number 10141 (CCS) (“Third Modification”) which included additional resident survey services and increased the contract price by an additional $40,000 for a total not to exceed $222,450.

E. On or about August 31, 2017. the City and Goodwin Simon entered into a Fourth Modification of Professional Services Agreement Number 10141 (CCS) (“Fourth Modification”) which included additional resident survey services and increased the contract price by an additional $51,350 for a total not to exceed $273,800. The Original Agreement, First Modification, Second Modification, Third Modification, and Fourth Modification may be referred to collectively herein as “the Agreement.”
F. The City and Goodwin Simon desire to modify the Agreement to extend the contract term, include additional services to be performed by Goodwin Simon, and increase the contract price to pay for those additional services.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

DocuSign Envelope ID: 9803691F-8B3D-4510-A3F3-E044FE907A94 6/25/2019

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Packet Pg. 558 Attachment: Attachment F - Goodwin Contract No. 10141 Fifth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 2 1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date of the Original Agreement and terminates on June 30, 2021, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

2. Section 2 of the Agreement entitled “Goodwin Simon Strategic Research Services” shall be modified by adding the following paragraph:

Additional Services. Goodwin Simon will perform all of the additional services (“Additional Services”) described in Exhibit A-5, Scope of Services. Goodwin Simon will complete the Additional Services in accordance with Exhibit B-5, Budget.

3. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following paragraph:

Compensation. The City will compensate Goodwin Simon for the Additional Services in an amount not to exceed $50,000 as set forth in Exhibit B-5. The total contract price for services pursuant to the Original Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, and this Fifth Modification shall not exceed $323,800.

4. Exhibit A-5 and Exhibit B-5 are attached hereto and incorporated herein by this reference.

5. Except as expressly modified by this Fifth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Fifth Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
DocuSign Envelope ID: 9803691F-8B3D-4510-A3F3-E044FE907A94 6/18/2019
Lane Dilg
City Attorney
6/25/2019
Rick Cole
City Clerk City Manager
6/27/2019
Denise Anderson-Warren

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Packet Pg. 559 Attachment: Attachment F - Goodwin Contract No. 10141 Fifth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 3 City Attorney
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 9803691F-8B3D-4510-A3F3-E044FE907A94 Paul Goodwin
6/19/2019
Owner
Goodwin Simon Strategic Research

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Packet Pg. 560 Attachment: Attachment F - Goodwin Contract No. 10141 Fifth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 4 Exhibit A-5
Scope of Services
The scope of work for completing this study include the following:
• Goodwin Simon Strategic Research will meet with City representatives in person to review research needs and explore changes from the previous survey instruments. • Goodwin Simon Strategic Research will draft a questionnaire and present it to the City for review and a revision. It is anticipated there may be multiple iterations before the survey draft is ready for testing. • Goodwin Simon Strategic Research will test the draft survey to determine the questionnaire length and to make sure the questions are working as planned. • Goodwin Simon Strategic Research will translate the survey into Spanish once the draft is finalized
• Methodology:
o Address Based Sampling (ABS)
o Voter file Latinos and African Americans if needed to reach quotas (16% and 4.3%, respectively.)
• The first phase of fielding will take about one to four weeks. 8,000 randomly selected residential addresses in Santa Monica will receive an invitation in English and Spanish to take the Resident Satisfaction Survey online. Goodwin Simon Strategic Research will also provide a call-in option to complete the survey by phone, with protocols in place for respondents who prefer to be interviewed in Spanish.
• At the end of receiving at least 400 completed surveys, Goodwin Simon Strategic Research will assess whether additional surveys with Latinos or African Americans are necessary to reach the quota of about 16 percent and 4.3 percent. • Goodwin Simon Strategic Research will then examine the raw frequencies, and weight if necessary by age, gender, education levels, and other factors to ensure that results reflect current Census estimates for the City. • Goodwin Simon Strategic Research will then produce aggregate results, followed by cross-tabulation tables. These tables will break out findings by variables such as zip code/neighborhood, race/ethnicity, age, gender, education, length of residency, and level of participation in civic activities. • Goodwin Simon Strategic Research will then prepare a written summary of findings, including an executive summary and then detailed findings. Goodwin Simon DocuSign Envelope ID: 9803691F-8B3D-4510-A3F3-E044FE907A94

3.L.f
Packet Pg. 561 Attachment: Attachment F - Goodwin Contract No. 10141 Fifth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 5 Strategic Research will use tables and figures to illustrate the results, and to make comparisons to findings from previous studies.
• Goodwin Simon Strategic Research will present results to Council, staff, or other audiences as requested by City.

Other deliverables include:
• A questionnaire in draft and final form
• Topline results
• Cross tabulation tables
• A written summary of findings
• Oral briefings as desired
• Additional memoranda for use by the media, elected officials, etc. • Public presentations of results
Schedule/Milestones: Start date to be determined by the City • Week 1: Meeting with City staff to discuss survey purposes and goals, and identify questions from previous track that the City wishes to repeat, and to identify new areas of inquiry
• Week 2: Questionnaire draft to City staff. Revision and editing • Week 3: Finalize questionnaire. Translation into Spanish. Sample design completed and sample in place. • Week 5: Fielding begins
• Week 9: Latino and African American oversampling if needed • Week 10: Topline results to City staff
• Week 10: Written report to City staff
• Week 10- 18: Goodwin Simon Strategic Research will make presentations of results as requested DocuSign Envelope ID: 9803691F-8B3D-4510-A3F3-E044FE907A94

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Packet Pg. 562 Attachment: Attachment F - Goodwin Contract No. 10141 Fifth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 6 Exhibit B-5
Budget
Online surveys and telephone interviews: $50,000
Payment Schedule: 100% upon written report provided to City The total amount of compensation for Services rendered pursuant to the scope of services and deliverables identified in Exhibit A-5, shall not exceed Fifty Thousand Dollars ($50,000).

DocuSign Envelope ID: 9803691F-8B3D-4510-A3F3-E044FE907A94

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Packet Pg. 563 Attachment: Attachment F - Goodwin Contract No. 10141 Fifth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 1 SIXTH MODIFICATION OF AGREEMENT NO. 10141 (CCS)
This Sixth Modification of Agreement Number 10141 (CCS) (“Sixth Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Goodwin Simon Strategic Research (“Goodwin Simon”) is made with reference to the following:

E. On or about August 31, 2017, the City and Goodwin Simon entered into a Fourth Modification of Professional Services Agreement Number 10141 (CCS) (“Fourth Modification”) which included additional resident survey services and increased the contract price by an additional $51,350 for a total not to exceed $273,800.

F. On or about June 25, 2019, the City and Goodwin Simon entered into a Fifth Modification of Professional Services Agreement Number 10141 (CCS) (“Fifth Modification”) which included additional resident survey services and increased the contract price by an additional $50,000 for a total not to exceed $323,800.

The Original Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, and Fifth Modification may be referred to collectively herein as “the Agreement.”
G. The City and Goodwin Simon desire to modify the Agreement to include additional services to be performed by Goodwin Simon and to increase the contract price to pay for those additional services.

DocuSign Envelope ID: DBEE5E16-D584-40F0-9C94-9152E694A4D6 3/31/2020

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Packet Pg. 564 Attachment: Attachment G - Goodwin Contract No. 10141 Sixth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 2 TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 2 of the Agreement entitled “Goodwin Simon Services” shall be modified by adding the following paragraph:

Additional Services. Goodwin Simon will perform all of the additional services (“Additional Services”) described in Exhibit A-6, Scope of Services. Goodwin Simon will complete the Additional Services in accordance with Exhibit B-6, Budget.

2. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following paragraph:

Compensation. The City will compensate Goodwin Simon for the Additional Services in an amount not to exceed $62,000, as set forth in Exhibit B-6. The total contract price for services pursuant to the Original Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, Fifth Modification, and the Sixth Modification shall not exceed $385,800.

3. Exhibit A-6 and Exhibit B-6 are attached hereto and incorporated herein by this reference.

4. Except as expressly modified by this Sixth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Sixth Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
#VENDOR
By: _______________________________
DocuSign Envelope ID: DBEE5E16-D584-40F0-9C94-9152E694A4D6 Lane Dilg
City Attorney
3/11/2020
Paul Goodwin
3/12/2020
Goodwin Simon Strategic Research
Owner
3/31/2020
City Manager
Denise Anderson-Warren Rick Cole
4/1/2020
City Clerk

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Packet Pg. 565 Attachment: Attachment G - Goodwin Contract No. 10141 Sixth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 3 Exhibit A-6
Scope of Services
Goodwin Simon Strategic Research will assist the City in evaluating the feasibility of gaining voter approval for one or more possible revenue measures by conducting two voter surveys.

The initial survey, to be conducted in late March, will assess voter responses to a variety of tax and fee options, numbering as many as four. The first survey will use a sample size of 600 likely voters. Interviews will be 20 minutes in length. 2-3% of the interviews will be completed in Spanish.

The second survey, to be conducted in early May, would explore in more detail voter attitudes about the one or two options that appear to be most likely to gain voter approval. The second survey will use a sample size of 400 likely voters. Interviews will be 15 minutes in length. Again, 2-3% of the interviews will be completed in Spanish.

After completing both surveys, Goodwin Simon will present a written analysis of survey results to City Staff within two weeks after the survey is completed.

DocuSign Envelope ID: DBEE5E16-D584-40F0-9C94-9152E694A4D6

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Packet Pg. 566 Attachment: Attachment G - Goodwin Contract No. 10141 Sixth Modification (4982 : Reinstatement and Seventh Modification with Goodwin 4 Exhibit B-6
Budget
Online surveys and telephone interviews: $62,000
Payment Schedule: 100% upon written report provided to City The total amount of compensation for Services rendered pursuant to the scope of services and deliverables identified in Exhibit A-6, shall not exceed Sixty-Two Thousand Dollars ($62,000).

DocuSign Envelope ID: DBEE5E16-D584-40F0-9C94-9152E694A4D6

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Packet Pg. 567 Attachment: Attachment G - Goodwin Contract No. 10141 Sixth Modification (4982 : Reinstatement and Seventh Modification with Goodwin

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Packet Pg. 568 Attachment: Attachment H - Staff Report: Original Authorization of Agreement with Goodwin Simon (4982 : Reinstatement and Seventh

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Packet Pg. 569 Attachment: Attachment H - Staff Report: Original Authorization of Agreement with Goodwin Simon (4982 : Reinstatement and Seventh

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Packet Pg. 570 Attachment: Attachment H - Staff Report: Original Authorization of Agreement with Goodwin Simon (4982 : Reinstatement and Seventh

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Packet Pg. 571 Attachment: Attachment H - Staff Report: Original Authorization of Agreement with Goodwin Simon (4982 : Reinstatement and Seventh

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Packet Pg. 572 Attachment: Attachment J - Goodwin Simon Oaks Initiative Form (4982 : Reinstatement and Seventh Modification with Goodwin Simon 1 February 21, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
FEBRUARY 22, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:36 p.m., on Tuesday, February 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
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present. Councilmember Parra led the assemblage in the Pledge of Allegiance.

CLOSED SESSIONS There was no public comment on closed sessions.

On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 7:16 p.m., with all members present, to report the following:

1.A. Conference with Legal Counsel – Anticipated Litigation:

Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2): Oceana Hotel
The City Attorney advised a settlement agreement was reached with counsel for the Oceana Hotel that would result in termination of threatened litigation over alleged procedural irregularities in the City Council’s proceedings on November 23, 2021, which resulted in the technical denial of a Zoning Ordinance Text Amendment and Condition Use Permits for the Hotel. The settlement provides:
• that Oceana will waive and release all claims arising from actions

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taken at the November 23, 2021 hearing upon the City Council holding a de novo hearing to reconsider the Text Amendment and CUPs before a full City Council meeting in chambers before June 30, 2022. • tolls the statute of limitations to file a writ proceeding challenging the Council’s previous actions if the de novo hearing is not timely held until July 15, 2022;
• limits Oceana’s rights to future judicial review to the actions taken at the new de novo hearing.

The City Attorney’s Office recommended the City Council approve the settlement.

Motion by Mayor Himmelrich, seconded by Councilmember Davis, to approve Settlement Agreement No. 11241 (CCS). The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

1.B. 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 this matter was heard with no reportable action taken.

1.C. Public Employee Appointment: Title – City Attorney The Interim City Attorney advised this matter was heard with no reportable action taken.

1.D. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units:

ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management
Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa

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Monica City Employees
The Interim City Attorney advised this matter was heard with no reportable action taken.

SPECIAL AGENDA
ITEMS:

2.A. City Manager Report, was presented.

Members of the public Zina Josephs, Andrew Wilder, John Alle, Alan Levinson, and Ben Wang.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.

CONSENT CALENDAR: There being a Consent Calendar for each the City Council and the Redevelopment Successor Agency, on order of the Mayor and with the consensus of the Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 7:53 p.m., the two Consent Calendars were heard concurrently, with all members present.

There was no public comment on the Consent Calendar.

At the request of Agency/Councilmember de la Torre, Item 3.A was removed from the Consent Calendar.

Motion by Agency/Councilmember Brock, seconded by Agency/ Councilmember Parra, to approve the Consent Calendar except for Item

3.A, reading resolutions by title only and waiving further reading thereof.

The motion was approved by the following vote:

AYES: Agency/Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Chair/Mayor Pro Tem McCowan,
Chair/Mayor Himmelrich
NOES: None
ABSENT: None
RECRUITING SERVICES 3.B. Approval of Agreement No. 11242 (CCS) with Robert Half International, Inc. for Recruiting Services, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a Professional Services Agreement with Robert Half International, Inc. for recruitment services for the Information

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Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $60,000 with future year funding contingent on Council budget approval.

ANNUAL INVESTMENT
POLICY

3.C. Annual Investment Policy Update, was approved.

Recommended Action
Staff recommends that the City Council:

1. Review and approve the City’s revised Investment Policy;

2. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2022 through February 28, 2023.

Staff also recommends that the Successor Agency Governing Board:

1. Review and approve the City Investment Policy for Successor Agency Investments;

2. Extend investment authority to the Treasurer of the Successor Agency, from March 1, 2022 through February 28, 2023.

MINUTES 3.D. Minutes for Redevelopment Successor Agency meetings, were approved.

Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 14, 2021 meeting.

MINUTES 3.E. Minutes for the City Council - Special Meeting - January 25, 2022, were approved.

MINUTES 3.F. Minutes for the City Council - Regular and Special Joint Meeting - February 8, 2022 5:30 PM, were approved.

SANTA MONIC POLICE

DEPARTMENT

3.A. Approval of Agreement No. 11243 (CCS) with Dooley
Enterprises, Inc. for Purchase of Ammunitions for the Santa Monica Police Department, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Dooley Enterprises, Inc., a California-based company, for ammunitions for the Police Department.

This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $550,000 for a five-year period with future year funding contingent on Council budget approval.

This item was pulled by Councilmember de la Torre to ask questions of

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staff including: State requirement and standards to maintain ammunition; is this the ammunition used for practice; how much ammunition does a Police department need to maintain at one time; and, is this for a new five-year appropriation, which would be beyond what we currently have.

Motion by Brock, seconded by de la Torre, to approve the recommended action, The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

ADJOURNMENT OF

SPECIAL JOINT

MEETING
On order of the Mayor, the joint meeting with the Redevelopment Successor Agency was adjourned by 8:00 p.m., and the regular City Council meeting was reconvened, with all members present.

STUDY SESSION:

SIDEWALK VENDING

4.A. Citywide Response to Sidewalk Vending, was presented.

Recommended Action
Staff recommends that the City Council review and comment on the Study Session on the Citywide Response to Sidewalk Vending including input on the future direction of the City's Pier Task Force.

Members of the public Joanie Gordon, Gilbert Saucedo, Cindy Pfifer, Victor Narro, Cynthia Anderson-Barker, Hunter Hall, Paul Garnica, Jim Lafferty, I.R., Kelly Alacqua, Michael King, Cameron Chapman-Pinto, small business owner, Eleanor Camner, Sam Pope, Albin Gielicz, Dylan Lee, Cheyenne Murphy, Misti Kerns, Dr. Michael Gruning, Sergio Jimenez, Susan Hosier, Kendall Langs, Isabelle Geczy, Sarah Handloser, Colleen Flynn, Nathan, Joe Antognini, Matt Stauffer, Rebecca Brown, Pam O’Connor, Diego Santillan, Alejandra Pedroza, Miguel Velazquez, Elizabeth Garcia, Lourdes Vallavargas, John Camacho, Sandra Lopez, Karina Hernandez, and, Christian Contreras spoke on the recommendation.

Questions asked and answered of staff included: what is the plan going forward on addressing the issues at the Pier; is this sort of task force necessary to maintain for the long term considering the amount of visitors the city receives; would there be one or two teams instead of rotating out officers; have revenue lost for businesses before the task force been reviewed; is state funding available to support the effort to deal with the consequences of unpermitted vending; is there staffing cost towards cleaning and safety that can be used to support the increase in cost for the task force; is there an economic strategy for the Pier, and does this tie into that at all; for permitted vendors, is there an opportunity for them to have

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better location, placement, or better coordination; do new positions need to be added, or can positions that were cut during the pandemic be added instead; would the return of a Fire Marshal position be cost-neutral and offset due to fees; is private security needed at this point; if Option 3 is decided, is there an ability to build back up to Option 2, if an adjustment is needed; are we ahead or behind on our Fire inspections; what can be done to help secure and protect the permitted vendors; other than cost, are there other barriers that keeps vendors from becoming licensed; is there a way to create vendor options on the Pier parking deck instead of having cars; how much of an effect has the task force made on the amount of dumping happening along the beach area; and, can staff take the permitting to the Pier and go to the vendors instead of the vendors having to come into a building
Considerable discussion ensued on topics including, but not limited to:
creating a program for local students, vendors, and provide them first opportunities; this is not just a vending issue, it is a public safety and sanitation issue; thanks to the multi-departmental staff and task force and the tremendous amount of work that has been done over the past months; the impact of task force has made the Pier safe and secure for residents and visitors; continue with Option 2 to keep the task force at its current levels, and with Option 3 the reduction might be too restrictive when the summer season begins; it’s positive that the city is working to help local vendors get permitted and legal; do what we can to support permitted vendors; look into creating an expanded street vendor program; with the expansion of the Virginia Avenue kitchen, use this as an opportunity to encourage entrepreneurship; think about creating a street vending experience someplace in the city, close to the Pier; look at a more robust economic experience at the Pier; support Option 3, and think of other ways to eliminate barriers for vendors to get licensed; try to move from a heavy enforcement model, and move more towards a collaborative model; the top of the Pier bridge is not safe and is a mess right now; think about creating better, more attractive barriers around the top of the Pier area when opening the Pier bridge; maybe create a micro-lending program for the vendors; and, create a night market for vendors, which would take the pressure off of the Pier.

AGENDA

MANAGEMENT
Due to the late hour, the City Manager recommended moving the Carlthorp item 6.A. to a Special meeting on March 15, 2022.

Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to continue Item 6.A. to a Special meeting on March 15, 2022.

Mayor Pro Tem McCowan proposed to move the appointments 13.A. through 13.C. to a future meeting as well. The amendment was considered friendly by the maker.

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The motion to continue 6.A. to a Special meeting on March 15, 2022, and to continue Items 13.A. through 13.C. to a future meeting were approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ADMIN. PROCEEDINGS:
438 SAN VICENTE BLVD.

6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd, was continued to a Special meeting on March 15, 2022.

Recommended Action
Staff recommends the City Council deny Appeal 20ENT-0275, appealing the Planning Commission’s approval of Conditional Use Permit 19ENT0250 and Minor Modification 20ENT-0066 for a 7,898 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, and approve the requested CUP and Minor Modification, based upon the findings and analysis outlined in this report.

ORDINANCES:

SANTA MONICA PIER

7.A. Introduction and Adoption of Emergency Ordinance No. 2694 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA MONICA TO AMEND SANTA
MONICA MUNICIPAL CODE SECTION 3.36.290 TO PROHIBIT

THE POSSESSION OF COMBUSTIBLE FUELS ON AND IN CLOSE

PROXIMITY TO THE SANTA MONICA PIER WITHOUT A
PERMIT”, was presented.

Recommended Action
Staff recommends that the City Council introduce and adopt an emergency ordinance amending the Santa Monica Municipal Code to prohibit possession of combustible fuels on or in close proximity to the Pier.

Member of the public Zachary Gaidzik spoke to the recommended action.

Questions asked and answered of staff included, is there any concern about the effect from having fuel for carts in the parking lots so close to the Pier, if there were an explosion.

Motion by Councilmember Davis, seconded by Councilmember Negrete, to introduce and adopt at first reading of the ordinance reading by title

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only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Negrete, to direct staff to come back with a potential ordinance expanding the reach of this ban on potentially explosive and flammable materials to include areas more than 25 feet away from the Pier that might be potentially dangerous, if some of these materials were to in fact explode.

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

PIER DECK PARKING
LOT

7.B. Adoption of Resolution No. 11402 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ESTABLISHING PARKING RATES AND PERMIT FEES
FOR ALL CITY PARKING FACILITIES AND RESOURCES”, and the Introduction and First Reading of an Ordinance Amending Municipal Code Section 3.04.030 relating to the Pier Deck Parking Lot, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution authorizing the City Manager or Designee to establish hours of operation for the Santa Monica Pier Deck Parking Lot.

2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Chapter 3.04.030 to clarify that the Santa Monica Pier Deck Parking Lot operating hours shall be established by the City Manager or Designee, and thus allow for the enforcement of established operating hours on the Santa Monica Pier Deck Parking Lot.

There was no public comment on this item.

Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt a resolution authorizing the City Manager or Designee to establish hours of operation for the Santa Monica Pier Deck Parking Lot. The motion was approved by the following vote:

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Packet Pg. 580 Minutes Acceptance: Minutes of Feb 22, 2022 5:30 PM (CONSENT CALENDAR) 9 February 21, 2022
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PUBLIC ASSEMBLIES 7.C. Introduction and Adoption of Emergency Ordinance No. 2695 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA MONICA EXTENDING

AMENDMENTS TO SANTA MONICA MUNICIPAL CODE
SECTION 4.08.780 TO PROMOTE THE PUBLIC SAFETY AND

WELFARE BY PROHIBITING CERTAIN ITEMS AT PUBLIC
ASSEMBLIES AND COMMUNITY EVENTS,” was presented.

Recommended Action
Staff recommends that the City Council introduce and adopt an emergency ordinance extending amendments to Santa Monica Municipal Code Section 4.08.780 relating to restrictions on carrying, using, or possessing certain specified items during community events or public assemblies to promote public safety and welfare.

There was no public comment on this item.

Questions asked and answered of staff included: what would happen if someone showed up at a protest with a skateboard; does the ordinance allow the Police department to have the discretion to enforce this law differently; is it necessary to sunset this ordinance, or can it just be left in place; and, as a result of this ordinance, have there been any claims made against the city.

Considerable discussion ensued on topics including, but not limited to, commending the Police department for the way that they have communicated the restrictions to protest organizers.

Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved

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by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STAFF

ADMINISTRATIVE
ITEMS:

BROWN ACT

8.A. Approval of Proposal Regarding Independent Investigation of Possible Violations of the Brown Act and Confidentiality Agreements and Authorization of the Issuance of Subpoenas in the Name of the City under Section 614 of the City Charter in Conducting the Investigation, was presented.

Recommendation:

Approve the proposal from the City Manager and the Interim City Attorney to have an independent investigation of possible violations of the Brown Act and Confidentiality Agreements by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. Authorize the issuance of subpoenas in the name of the City under section 614 of the City Charter in conducting the investigation.

Members of the public Denise Barton, Bradley Ewing, Olga Zurawska, Natalya Zernitskaya, Zachary Gaidzik, Jason Mathbaum, Anna Rogers, and Jonathan Foster spoke to the recommended action.

Questions asked and answered of staff included: what amount is expected to be spent on this investigation; would this be the same rate if there were two attorneys working at the same time; have we done similar investigations; what ended up happening to Councilmembers in the prior investigations; are we able to cap the amount or have check-ins with caps to see where they are; is the investigation about events more than about people; if something happens, who is responsible for paying any fine, the city or the individual; are only Councilmembers going to be investigated, or are all parties involved, including staff, applicants, and anyone in Closed session; and, if there is evidence of a Councilmember leaking closed session information, why is this investigation necessary.

Considerable discussion ensued on topics including, but not limited to:
the amount of money that could be spent on this could be used to fund other projects in the city; if a violation is discovered, this could lead to a criminal referral; concerns about subpoena powers and what that means in terms of cost and rights for Councilmembers; fine expanding the scope of who should be included in the investigation; need to find out what happened, and who is responsible for the leak; the $100,00 that is spent will regain the integrity of the decisions made and the respect from the

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community; if there is a systemic problem with leaks from the Closed Session this will help figure it out short of a criminal prosecution and make the processes better; integrity has value, and we should want to know what happened; this is disturbing and will further divide the Council;
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to adopt the staff recommendation, and include interviewing staff and applicants. The motion failed by the following vote:

AYES: Councilmember Davis, Mayor Pro Tem McCowan,
Mayor Himmelrich
NOES: Councilmembers de la Torre, Brock, Negrete, Parra ABSENT: None
Councilmember Negrete explained for the record her no vote because she is all for transparency, and there are other things that can be done that don’t cost as much money as an investigation. She is aware that there are things that get out there, but this is not going to bring the Council together.

COUNCILMEMBER
DISCUSSION ITEMS:

DISABILITIES

COMMISSION

13.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022, was postponed to a future meeting.

HOUSING COMMISSION 13.B. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2025, was postponed to a future meeting.

PUBLIC SAFETY

REFORM AND

OVERSIGHT

COMMISSION

13.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2023, was postponed to a future meeting.

LIBRARY BOARD 13.D. Appointment to two unscheduled vacancies on the Santa Monica Library Board for a term ending on 6/30/2022 and 6/30/2023, was presented.

On order of the Mayor, the floor was opened for nominations for a seat term ending June 30, 3022.

Councilmember de la Torre nominated Judith Meister.

There being no other nominations, Judith Meister was appointed to a term ending June 30, 2022 by the following vote:

3.M
Packet Pg. 583 Minutes Acceptance: Minutes of Feb 22, 2022 5:30 PM (CONSENT CALENDAR) 12 February 21, 2022
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations for a seat term ending June 30, 2023.

Councilmember Davis nominated Ralinda Harvey Smith.

Mayor Himmelrich nominated Laurel Schmidt.

Ms. Schmidt was appointed to a term ending June 30, 2023 by the following vote:

Harvey Smith: Councilmember Davis, Mayor Pro Tem McCowan Schmidt: Councilmembers de la Torre, Brock, Negrete, Parra, Mayor Himmelrich
Councilmember Davis and Mayor Pro Tem McCowan changed their votes to Schmidt, thereby appointing Laurel Schmidt unanimously to the Library Board, with all members present.

PLANNING

COMMISSION

13.E. Recommendation to accept Elisa Paster's resignation from the Planning Commission and authorize the City Clerk to publish the vacancy, was presented.

Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to accept the resignation with regret. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

PUBLIC SAFETY

REFORM AND

OVERSIGHT

COMMISSION

13.F. Recommendation to accept George Brown's resignation from the Public Safety Reform and Oversight Commission and authorize the City Clerk to publish the vacancy, was presented.

Motion by Mayor Himmelrich, seconded by Councilmember Davis, to accept the resignation with regret. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

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Packet Pg. 584 Minutes Acceptance: Minutes of Feb 22, 2022 5:30 PM (CONSENT CALENDAR) 13 February 21, 2022
AGENDA

MANAGEMENT
Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to hear Item 13.G. at the end of the agenda, before public input since Mayor Himmelrich would be recusing herself and they could hear items

13.H – 13.J. before she leaves. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COUNCIL RULES 13.H. Request of Councilmembers Negrete and Brock that no new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present, was presented.

Member of the public Denise Barton spoke on the recommended action.

Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt the recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COUNCIL RULES 13.I. Request of Councilmembers Negrete and Brock to direct the City Clerk and the City Manager to review Council Rules and Procedures; time management and Council agenda management to end Council meetings earlier, including the timing and scheduling of Closed Session and Study Sessions and address any additional meetings of the City Council, if necessary, was presented.

There was no public comment on this item.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the recommendation. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

3.M
Packet Pg. 585 Minutes Acceptance: Minutes of Feb 22, 2022 5:30 PM (CONSENT CALENDAR) 14 February 21, 2022
CITY HALL MURALS 13.J. Request of Councilmembers de la Torre and Parra that Council directs staff to no longer install a temporary scrim over the Stanton Macdonald-Wright murals in the lobby of Santa Monica City Hall and to instead direct staff to launch of a process that engages and educates our community and results in the addition of artwork within the lobby to create a more inclusive and complete story of our City's history and vision for our future to advance the City’s commitment to equity, justice and respect for all and, in the interim, direct staff to explore the creation of a temporary lobby display around the themes that will be explored during the larger community education and engagement process, was presented.

There was no public comment on this item.

Motion by Councilmember Negrete, seconded by Mayor Himmelrich, to adopt the recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

HOUSING COMMISSION
Mayor Himmelrich was
excused at 1:40 a.m.

13.G. Request of Councilmembers Brock, Parra and de la Torre that the City Council remove Housing Commissioner Leonora Camner pursuant to City Charter Article 1002 (requiring a motion adopted by at least five affirmative votes), and to thank her for her previous service to the Santa Monica Housing Commission. With the removal, authorize the City Clerk to publish the vacancy, was presented.

Mayor Himmelrich stated that she has become personally embroiled in this controversy and has strong bias arising from her husband’s removal from the Housing Commission before his term was finished, and for that reason, she recused herself from this item.

Members of the public Bradley Ewing, Leonora Camner, Denise Barton, Michael Lewis, Matt Stauffer, Olga Zurawaska, Zachary Gaidzik, Debbie Paperman, and Michelle Gray spoke on the recommended action.

Motion by Councilmember Parra, seconded by Councilmember de la Torre, to adopt the recommendation. The motion failed by the following vote:

AYES: Councilmembers Parra, Brock, de la Torre
NOES: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan

3.M
Packet Pg. 586 Minutes Acceptance: Minutes of Feb 22, 2022 5:30 PM (CONSENT CALENDAR) 15 February 21, 2022
ABSENT: Mayor Himmelrich
PUBLIC INPUT: Member of the public Jonathan Foster commented on various local issues.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:34 a.m. in memory of Samuel V. Kardashian.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
Kristin McCowan
Mayor Pro Tempore

3.M
Packet Pg. 587 Minutes Acceptance: Minutes of Feb 22, 2022 5:30 PM (CONSENT CALENDAR) 1 March 4, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 4, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 11:05 a.m., on Friday, March 4, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/tqvqhgzb 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
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 11:05 a.m., with all members present.

CLOSED SESSIONS Member of the public Olga Zurawska commented on closed sessions.

On order of the Mayor, the City Council recessed at 11:08 a.m., to consider closed sessions and returned at 1:00 p.m., with all members present, to report the following:

1.A. Public Employee Appointment: Title – City Attorney The Mayor advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:01 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

3.N
Packet Pg. 588 Minutes Acceptance: Minutes of Mar 4, 2022 11:00 AM (CONSENT CALENDAR) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 5.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022. Continued from July 27, 2021. (CONTINUED FROM 2/22/2022)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Applicant List

5.A
Packet Pg. 589
City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
TOTAL APPLICANTS: 0

5.A.b
Packet Pg. 590 Attachment: Applicant List (5007 : Appointment to the Disabilities Commission (5 mins)) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 5.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2025. (CONTINUED FROM 2/22/2022)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Applicant List
B. Written Comments

5.B
Packet Pg. 591
City of Santa Monica
Boards and Commissions Applicants
Housing Commission
Name Application Date
Desmond Borresen 11/30/2021
Kate Evarts 11/29/2021
Lydia Garcia 11/30/2021
Michelle Gray 2/14/2022
Edmund Ha 11/30/2021
Deborah Hart 2/4/2022
Ryan Hass 12/06/2021
Michael Jolly 12/06/2021
Mathew Millen 12/04/2021
Tanya White 7/26/2021

TOTAL APPLICANTS: 10

5.B.a
Packet Pg. 592 Attachment: Applicant List (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: Danielle Charney <[email protected]>
Sent: Monday, February 21, 2022 11:28 AM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; David White
Subject: Item 13-B: Please Support MICHELLE GRAY for HOUSING COMMISSION – 2/22/22

EXTERNAL
Please consider Michelle Gray for the current vacancy on the Housing Commission. While Michelle may be fairly new to Santa Monica, and an unknown entity to the Council, there is no other person applying for this position who brings anywhere near her experience or expertise. She comes to us from a jurisdiction that is run very well, knows more about this area than anyone I have ever spoken with or worked with in our City and is someone of integrity as well as a very hard worker. Michelle has been dealing with the Housing Authority since she got here a year ago. She sees what is going wrong in this area ..and brings actual solutions- tried and true to the table to make it work successfully. I know of no other candidate that has anywhere near what she has to offer us.

We would be lucky to have her serve. She has allegiance to no one but what is right, just, humane and professional. There's no requirement to have been a resident of SM for a certain amount of time to qualify. But there ought to be one that actually requires someone to know what they are doing. No one knows more than MIchelle. Not even close.

Let's stop with the insider appointments. They have not served us well in the past. Enough of SMF and SMRR or John Maceri or anyone else deciding who
is on this commission or any in our City. Michelle is so good, she should be hired by this City as a consultant to re-organize, restructure and staff the Housing Authority. She is a gem in all ways and we are very lucky to have her caring enough to work for us. Let's not waste qualified people because of some odd concept that has allowed us to have less than the best on this or any of our Commission. Let's take this time and effect real change. We have needed it for a very long time.

Thank you,
Danielle Charney
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Packet Pg. 593 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: Danielle Charney <[email protected]>
Sent: Monday, February 21, 2022 11:45 AM
To: councilmtgitems; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; Sue Himmelrich; Gleam Davis; Kristin McCowan
Cc: David White
Subject: Item 13-B. Please Do Not Appoint M. Jolly or others for Housing Commission

EXTERNAL
I do not really understand why a commercial real estate broker is even applying for this positions, or feels they bring anything of merit to a commission that is involved in the production of affordable housing and issues involving Section 8 or other City programs for housing. –I have never heard Mr.Jolly participate in a housing committee meeting, read any comments he has submitted in this area or in any way express input that provides ideas or solutions to our very difficult time.

He has submitted a blank application with just his name and occupation (commercial real estate)..

Jolly: https://www.smgov.net/uploadedFiles/Departments/Clerk/Boards_and_Commissions/Applicatio ns/HOUSING.Jolly.20210720.pdf
I must question how a commercial real estate person is going to contribute to this area and commission, especially when he has previously shown so little interest or offered anything of merit.

Enough of the insiders handing these prizes to their friends or those who have worked with them in other areas ..this is not a reward -it is a serious position for the best person.

There is only one person applying who belongs on that Commission -that is Michelle Gray.

Thank you,
Danielle Charney
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5.B.c
Packet Pg. 594 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: Theresa Marasco <[email protected]>
Sent: Tuesday, February 22, 2022 1:16 AM
To: Gleam Davis; Sue Himmelrich; Oscar de la Torre; Christine Parra; Phil Brock; Kristin McCowan; Lana Negrete; councilmtgitems
Subject: Council Meeting 2/22/2022 - Agenda Item 13-B Support for Michelle Gray for Housing Commissioner

EXTERNAL
Dear Mayor Himmelrich and City Council Members:

I am writing this letter of support for Michelle Gray for the Housing Commission seat as an individual and not as the Vice-Chair of the Housing Commission. I became acquainted with Michelle six months ago, shortly after she moved to Santa Monica from Oregon. I was very surprised and pleased to know how much she already knew about the City of Santa Monica, and the various City departments, and agencies in the area that address issues of disability discrimination, and renters' rights.

Michelle has immersed herself into community engagement and shown great interest in housing issues here as well as shared her own knowledge around this subject since her move to this wonderful city.

During my conversations with Michelle, I learned that she is very well versed in HUD Regulations and Guidelines with regard to Fair Housing laws and the Code of Federal Regulations Title 24 series, which are the Regulations that control the Housing Choice Voucher program and other subsidized housing programs under HUD.

Michelle has vast knowledge and experience both on a professional and educational level that lends her keen insight to pathways that can lead to greater tenant protections and remedies for accessibility issues disabled persons face, as well as her knowledge and understanding of the need for more affordable housing options.

In the time that Michelle has lived in Santa Monica, she has attended and actively participated in City Council and Housing Commission meetings and has reached out to many residents living in Santa Monica to learn more about the rich history here, as well reviewing local housing laws, familiarizing herself with the Housing Element, and taking interest in being a part of shaping the future for residents.

The Housing Commission could greatly benefit from having someone like Michelle who came from a very progressive housing authority jurisdiction that has accomplished full transparency and believes in true community involvement in the decision-making process for Housing Authority program participants. Michelle will be able to share her knowledge and new ideas that work in this area to help the Housing Commission to ensure that Santa Monica affirmatively furthers Fair Housing compliance. It is my belief based on my interactions with Michelle that she will bring a very balanced approach to tackle the variety of issues the Housing Commission is presented with.

In conclusion, Michelle is the best candidate for the seat of Housing Commissioner. Michelle’s knowledge and experiences both professionally and personally give her special insight into the issues that the Housing Commission is mandated to address and sorely needs.

Thank you for your consideration of Michelle Gray for a seat on the Housing Commission.

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privacy, Micro so ft Office
prevented automatic
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from the Internet.

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5.B.c
Packet Pg. 595 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 2 Very truly yours,
Theresa H. Marasco
(720) 226-4051
Powered by
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5.B.c
Packet Pg. 596 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: Theresa Marasco <[email protected]>
Sent: Tuesday, February 22, 2022 12:07 PM
To: Gleam Davis; Sue Himmelrich; Oscar de la Torre; Christine Parra; Phil Brock; Kristin McCowan; Lana Negrete; councilmtgitems
Subject: Council Meeting 2/22/2022 - Agenda Item 13-B Response to Michael Jolly Application

EXTERNAL
Dear Mayor Himmelrich, and City Council Members:

I am writing this public comment as an individual and not as the Vice Chair of the Housing Commission. I do not support Michael Jolly being appointed to the Housing Commission. Please see my comments below:

FACEism
There’s a new half-hour show on KTLA called ‘FACEism’ that is aired every Saturday evening at 6:30 p.m. The show is centered around racism and bias. The prologue taken from the show's website captioned below says it all about the state of American society right now.
“You see the face of a stranger.

In the blink of an eye, your mind is made up. You’ve taken in their skin color, ethnicity, sex, age, and accent.

You think you know who they are as a person.

That’s FACEism.

It sounds like racism, and in many cases it is.

But FACEism is when we make quick, often unfair, judgments about people we don’t even know…ignoring the fact there is so much more behind their face.

That ignorance is dividing us.”
I have to wholly agree that this type of “ignorance is dividing us.” I recently read an article in the SMart Column in the Santa Monica Mirror titled “SMa.r.t. Column: Santa Monica – Dawn of the Downtown Dead Now Playing in Santa Monica” that was written by Michael Jolly, who is an architect and a current applicant for the Santa Monica Housing Commission.

Jolly’s article describes the unhoused as “dirty man-made monsters and criminals on the loose” and likens them to “zombies.” While Jolly may not be the only person in Santa Monica who sees the people living on the streets in this way, it surely isn’t appropriate for someone who wants to be a Housing Commissioner to write such disparaging words in a widely read publication.

In this situation, Jolly uses the homeless people on the street to attempt to bring attention to other issues and offers no further information about how to solve homelessness. Is it considered civil to make statements such as Jolly’s in a widely read publication? People who use and abuse drugs and alcohol are not just people living on the streets. Plenty of drug addicts and alcoholics live comfortably with a roof and 4 walls, some are teachers, doctors, lawyers, judges, etc., and could be your neighbor. To include, the use of the word “monster” should be reserved for the most depraved humans such as Ted Bundy, Jeffrey Dahmer, and child abusers.

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5.B.c
Packet Pg. 597 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 2 As someone who has experienced homelessness more than once in my life, beginning as a child when my mother was fleeing violence from her abusive, “monster” husband, and the last time was while I was living in Santa Monica, and was during the pandemic, this article is just another reminder of how FACEism is a very real problem. A problem that further negatively impacts the people living outside who are trying to find a way out of their situation. The constant stereotyping and stigmatizing influences the public point of view and the people who make decisions on how to address this crisis.

Many people working in the City of Santa Monica including but not limited to current Mayor Sue Himmelrich, and Council Members know my recent story of homelessness well. Just because someone is unhoused does not automatically make them “monsters” “criminals” or “drug addicts.” It makes me wonder what people in Santa Monica think of me when I tell them I was homeless.

I guess I don't understand the failed logic that a once housed person who becomes unhoused is suddenly placed into one of the 3 categories, substance abuser, criminal, or mentally ill. Is it possible that they might have had a medical disaster that caused their homelessness, or that they are running from an abusive/violent home life, or that they cannot earn enough money to keep up with rent increases, or that they are on a fixed income and can no loner afford to pay their rent increases or property taxes, and a million other possible reasons we may not even think about because each situation is unique to that person? More importantly, when speaking on mental disabilities and substance abuse why do some people believe that their mental disability or substance abuse caused them to become unhoused? What came first, the chicken or the egg?

I am not stating that every person living on the streets is harmless, but those who may have bad intentions are not the majority, rather a minority of the unhoused population. I know, as I stated previously, I have lived it several times in my life. I stay connected to the growing unhoused crisis by engaging regularly with various groups around California, engaging with unhoused groups both on the streets and on social media. I follow and engage regularly with an incredible leader of the Sacramento Homeless Union, Crystal Sanchez, who has been providing mutual aid and support for the people living in over 200 encampments across Sacramento including families with more than 700 children living in tents. I follow and engage with other groups of unhoused folks around the state such as Los Angeles, Sausalito, Monterey, and Santa Cruz who are all trying to help each other and fight for housing and human rights from the most disadvantaged position on the planet.

I follow an unhoused guy on Youtube, Derrick Soo, who fought for a permanent, secured, encampment in Oakland that has fresh, running, water, sources, bathrooms, regular trash service, and their own power grid he created through solar energy. I have personally encountered and connected with some really great unhoused brothers and sisters over my lifetime who inspire me every day to try to make a difference.

I am sure that everyone on this planet has either been guilty of FACEism or experienced it in some way. It is time for us all to start seeing each other as human beings and start having more empathy and compassion for one another. Jolly may have tried to amplify important issues with his article but he lost me at “dirty monsters.” A Housing Commissioner should never have this attitude towards the unhoused and should certainly never publish an article disparaging a whole group of people who are already struggling.

To help pr
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Very truly yours,
Theresa H. Marasco
(720) 226-4051
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5.B.c
Packet Pg. 598 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: OZ <[email protected]>
Sent: Tuesday, February 22, 2022 11:34 AM
To: councilmtgitems; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Kristin McCowan; Gleam Davis; Sue Himmelrich
Subject: 13B – HC – support MICHELLE GRAY, oppose Michael Jolly

EXTERNAL
The boards and commissions application should ask the applicants to describe their interactions with the commission over the past year and the subject matter of those interactions. The responses would give the Council a clearer picture of how interested in the work of the commission the applicant really is, and what local housing topics they particularly care about.

A review of the current Housing Commission applicant list reveals that only one of them, Michelle Gray, has been regularly attending and participating in commission meetings.

I support Michelle Gray for the Housing Commission seat. https://www.smgov.net/uploadedFiles/Departments/Clerk/Boards_and_Commissions/Applications/HOUSING.G ray.20220214.pdf
Unlike the other applicants, Ms. Gray has demonstrated a keen interest in the work of the commission and Santa Monica housing issues through written and oral public input submitted to the Housing Commission and City Council meetings.

Hands down, Ms. Gray is the most engaged and qualified applicant.

Qualities that I have observed Ms. Gray to possess:
 Integrity
 Brilliant mind, superior intellect
 Collaborative and diplomatic
 Hard worker
 Focus on practical solutions
I am impressed with Ms.Gray’s ability to quickly adapt to the new city and to navigate Santa Monica’s agencies and organizations that she has interacted with on housing related issues.

A person with new perspectives, like Ms. Gray, who comes to us from a progressive jurisdiction, would be an invigorating addition to the Housing Commission.

Please appoint Ms. Gray tonight.

This is also to oppose the appointment of Michael Jolly.

Mr. Jolly has submitted a blank application for the Housing Commission seat.

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5.B.c
Packet Pg. 599 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 2 https://www.smgov.net/uploadedFiles/Departments/Clerk/Boards_and_Commissions/Applications/HO USING.Jolly.20210720.pdf
One wonders why an applicant would do that. Was it because Mr. Jolly was so sure he would be appointed that he did not want to spend the time and energy introducing himself to the Council and the public? An introduction was definitely warranted as far as I am concerned. Despite my regular attendance of Housing Commission meetings for the past several years, I have never once witnessed Mr. Jolly’s presence nor am I aware of Mr. Jolly having submitted a public comment, oral or written, to the Commission.

The Council should appreciate more an applicant who might be a newer resident of Santa Monica but has actively participated in the Housing Commission meetings than an applicant who is a long time resident but has not been participating in the meetings of the commission he is applying to sit on.

Additionally, I am disturbed by a recent article by Mr. Jolly where he refers to unhoused disabled people as “dirty monsters,” and compares them to movie zombies. The dehumanizing and degrading attitude towards ill people that Mr. Jolly demonstrated in his article is in contrast to the basic human decency that is expected of a public official representing the City of Santa Monica.

Thank you for considering my input.

Regards,
Olga Zurawska
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5.B.c
Packet Pg. 600 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: M S <[email protected]>
Sent: Tuesday, February 22, 2022 11:45 AM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Gleam Davis
Subject: 13B — Support MICHELLE GRAY for HOUSING COMMISSION, 2/22/22

EXTERNAL
Dear Mayor Himmelrich and Councilmembers,
I am writing in support of Michelle Gray for the open Housing Commission seat because I believe she is the best, most qualified applicant for the position. This can be gleaned not only from her wise, informed, and helpful public comments at multiple Housing Commission and City Council meetings but from her thoughtful, detailed, fully filled-out application. If you have not already read her application in its entirety, please do so:
(https://www.smgov.net/uploadedFiles/Departments/Clerk/Boards_and_Commissions/Applications/HOUSING.

Gray.20220214.pdf ).

I strongly oppose the appointment of Michael Jolly, because in my estimation, he is the worst, least qualified applicant out of all applicants. In addition to his recent offensive rhetoric and derogatory slurs and depictions of unhoused and/or disabled people as “dirty man-made monsters and criminals on the loose” and “zombies” (Santa Monica Mirror, “Dawn of the Downtown Dead Now Playing in Santa Monica’”, with a response article by Michelle Gray at https://smmirror.com/2022/02/opinion-response-to-santa-monica-dawn-of-the-downtowndead-now-playing-in-santa-monica/), the application Mr. Jolly has submitted is completely blank — other than name and occupation (commercial real estate). How qualified and serious can an applicant be if he does not even take the time to fill out an application with his qualifications and goals for the seat? (Jolly’s application:

!"#$
%
& '(')(*'( +).

I will summarize below these two applicants’ experience and qualifications:

Ms. Gray (taken from her application, activity in meetings, my observations):
 has actively participated in Santa Monica Housing Commission and City Council meetings for the last six months.
 is a communications professional with relevant experience in the public and private sectors  is a decades-long renter and well versed in building and building safety issues, including fire prevention  is familiar with the local geography, environmental concerns, general traffic patterns and transportation challenges, potential hazards, and different plans and efforts related to housing, zoning, development, and housing policy.
 is well-versed in the many complicated issues related to the desperately needed reform of the Santa Monica Housing Authority, including experience working with an out-of-state Housing Authority that was much more functional, transparent, and more compliant with respect to disability and housing rights.

Her knowledge as a newcomer to Santa Monica is invaluable. She has fresh eyes, is an independent thinker, and is not connected to Santa Monica as an insider.  has experience with community outreach, involvement, education, and federally funded programs  is extremely intelligent, has regularly demonstrated a capacity to learn quickly, and is welcoming of others' expertise
 is willing to familiarize herself with any information necessary to make informed and just decisions as a Housing Commission member
Item 13.B
02/22/22
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5.B.c
Packet Pg. 601 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 2  envisions a Housing Commission body whose housing recommendations facilitate a healthy, equitable, and prosperous Santa Monica, now and in the future
 encourages and actively solicits the participation of others, believing the best decisions are made with meaningful contributions by all affected stakeholders
 has decades of leadership experience in various school and community groups, which necessarily entails creative problem solving and the ability to balance competing needs and interests  wants to help Santa Monica thrive by protecting its diverse community.  has a goal to represent and serve all of Santa Monica, Mr. Jolly (taken from his Housing Commission application and recent op-ed article in the Santa Monica Mirror):
 has not participated in Housing Commission meetings or submitted written input in the past 4.5 years, likely more, possibly ever
 has referred to unhoused individuals in a recently published article using offensive rhetoric and bigoted slurs (see above).
 has submitted a blank application form for the Housing Commission seat — other than checkboxes, name, and occupation (commercial real estate)
 is by far the most controversial applicant for the position. Which brings up the question: does the City of Santa Monica, the City Council, and Hoising Commission really want to deal with the fallout and blowback from these inflammatory, ableist, classist remarks, and possible future slurs or rhetoric he could communicate in public or private (or intone/dog whistle)?  stated in his application that his (apparently only) qualification for the seat is his experience in commercial real estate. Will he contribute to the Housing Commission on other matters? For instance, The Housing Commission’s jurisdiction covers Section 8 and affordable housing production. Does he have any expertise, experience, or interest in either?
Please appoint Michelle Gray to the open commission seat. Once you have seen her capabilities as outlined above at Housing Commission meetings, I am certain you will be very much delighted to have chosen her.

Thank you for considering my input in making your decision. And thank you for your service.

Michael Louis
Item 13.B
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Packet Pg. 602 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, February 22, 2022 4:06 PM
To: councilmtgitems
Subject: FW: CC meeting public comment from Michelle Gray, Housing Commission applicant From: [email protected] <[email protected]>
Sent: Tuesday, February 22, 2022 11:15 AM
To: Council Mailbox <[email protected]>
Subject: CC meeting public comment from Michelle Gray, Housing Commission applicant

EXTERNAL
Dear City Councilmembers,
My name is Michelle Gray and I want to thank you for your consideration of my application to serve on the Santa Monica Housing Commission.

While I am a newer Santa Monica resident, my family has lived in the area since the 1930s. Upon deciding to move here I immediately and actively engaged with the city, it's staff, programs, other residents, and representatives, including the Housing Commission and City Council, and have done so for the last year.

Newer residents can be an asset to city government, and the Housing Commission in particular, energizing it with valuable insight from our experience with other jurisdictions. For example, I've come from a small city with a robust, thriving, and transparent housing authority, and am eager to share their proven practices to improve Santa Monica Housing Authority's shortcomings.

As the daughter of a retired architect, city planner, and public servant, and as a decades-long renter, I am well versed in housing, building, and building safety issues, including fair housing laws, accessibility, livability, density, and fire prevention.

I am ready to work on federally subsidized housing programs as well as local efforts to accommodate lower income residents while protecting the unique culture and charm of our small beachside city. Slow, balanced, and deliberate growth is important. Santa Monica's overlooked vacancy rate means existing housing can be made more accessible to lower income Santa Monicans and mitigate the need for new development.

I'm committed to fair, accessible housing for everyone in our diverse community. I have no conflicts of interest, covert alliances, or hidden agenda. My only aim is to work transparently to improve Santa Monica housing for all our residents while protecting the small town charm and character of our beachside city.

I am a fair and unbiased listener, able to suspend judgement until I have all information necessary to make a decision. Crucially, I am also willing to reevaluate my position when new information becomes available. I encourage and actively solicit the participation of others, believing the best decisions are made with meaningful contributions by all affected stakeholders.

Perhaps most importantly, I am curious, welcome others' expertise, and learn quickly. As a member of the Housing Commission I will familiarize myself with any information necessary to make informed and just decisions and recommendations to facilitate a healthy, equitable, and prosperous Santa Monica, now and in the future.

Item 13.B
02/22/22
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Packet Pg. 603 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) 2 Thank you again for considering my application to serve Santa Monica on the Housing Commission. I look forward to working with you and others to create a stronger, more accessible, and sustainable community.

Very best wishes,
Michelle Gray
Item 13.B
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Packet Pg. 604 Attachment: Written Comments (5008 : Housing Appointment Appointment (5 mins)) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 5.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2023. (CONTINUED FROM 2/22/2022)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Applicant List - Revised

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City of Santa Monica
Boards and Commissions Applicants
Public Safety Reform and Oversight Commission
Name Application Date
Jon-Patrick Allem 3/4/2021
Elaine V. Barringer 4/5/2021
Margaret Black 3/15/2021
Erin Borda 4/16/2021
Nirvana Bravo Papias 3/19/2021
Elizabeth Brown 3/15/2021
Michael Cahn 3/9/2021
Alok Chanani 3/19/2021
Jeff Chanchuan 3/10/2021
Maria Ochoa Conntreras 4/16/2021
Robert W. Crandall 3/29/2021
Shamshi España 3/19/2021
Jason Feldman 3/15/2021
Shovaughn Fisher 3/3/2021
Albin Gielicz 3/19/2021
Noah Gonzalez 3/15/2021
Houman Hemmati 3/8/2021
Douglas Kaplan 3/8/2021
Carolyn Kelly 3/15/2021
Eun Kim 4/16/2021
Lucas Kolding 3/02/2022
Joel Koury 4/20/2021
Robert Kronovet 3/9/2021
Jason Lin 3/21/2021

5.C.b
Packet Pg. 606 Attachment: Applicant List - Revised [Revision 2] (5009 : Public Safety Reform and Oversight Commission Appointment (5 mins)) Revised 3/04/22 at 4:45pm
Nicolo Lucente 4/20/2021
Susan Mannara 4/16/2021
David Mendoza 4/27/2021
Jasmine Mercado 4/27/2021
Natasha Millman 4/20/2021
Joshua Moffie 3/31/2021
Adya Mohanty 4/27/2021
Matt Neco 7/21/2021
Marlene Rico Nord 4/16/2021
Nicolas Pappas 7/21/2021
Michael Payton 3/3/2021
Ivannia A. Perez-Schlamm 03/23/21
Nicole Phillis 7/13/2021
Killeen Pilon 3/4/2021
Jesse Ramirez 4/27/2021
Vivian Roknian 8/12/2021
Carlos M. Samaniego 03/26/2021
David Schlosberg 4/22/2021
Daniel Seizer 4/27/2021
Donald Singer 4/16/2021
Hootie Soleiman 4/15/2021
Paul Song 4/19/2021
Kristi Springer 4/22/2021
Robert Swerdlow 3/15/2021
Benjamin Wilson 03/25/21
Paul Winnemore 3/8/2021
Michele Wittig 11/30/2021
Enis Yeneriz 4/30/2021

TOTAL APPLICANTS: 52
*Meets 18-22 years old requirement.

5.C.b
Packet Pg. 607 Attachment: Applicant List - Revised [Revision 2] (5009 : Public Safety Reform and Oversight Commission Appointment (5 mins)) City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 5.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Annual Appointments to Boards and Commissions for terms ending June 30, 2021. (CONTINUED FROM 7/27/2021)
Board/Commission Number of
Appointments
Term End
Date
Requirements
Arts Commission 2 6/30/2025 Work or Reside in Santa Monica Urban Forest Task Force 7 6/30/2023 Santa Monica Resident or Persons who do Business or are
Employed in the City of Santa
Monica
Prepared By: Thania Montoya, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant Lists - Urban Forest Task Force & Arts Commission

5.D
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Revised 3/04/22 at 5:05pm
City of Santa Monica
Boards and Commissions Applicants
Urban Forest Task Force
Name Application Date
Tom Berquist 5/5/2021
Robin Carmichael 5/20/2021
Thomas Cleys 5/6/2021
Emily Forscher 6/15/2021
Andrew Gledhill 6/14/2021
Andrew Hoyer 6/14/2021
Armando Martinez 6/16/2021

TOTAL APPLICANTS: 7
*Incumbents listed in red

5.D.a
Packet Pg. 609 Attachment: Applicant Lists - Urban Forest Task Force & Arts Commission [Revision 1] (4948 : Annual Arts & Urban Forest Task Force Revised 3/04/22 at 5:10pm
City of Santa Monica
Boards and Commissions Applicants
Arts Commission
Name Application Date
Kathleen Benjamin 7/20/2021
Kara Fox 7/19/2021
Federico Galavis 2/03/2022
Michael Masucci 6/9/2021
Jeff Swimmer 5/10/2021

TOTAL APPLICANTS: 5
*Incumbents listed in red

5.D.a
Packet Pg. 610 Attachment: Applicant Lists - Urban Forest Task Force & Arts Commission [Revision 1] (4948 : Annual Arts & Urban Forest Task Force City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 6.A
1 of 34
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Appeal 21ENT-0254 of Planning Commission approval of Development Review Permit 16ENT-0048, Major Modification 18ENT-0382, and certification of Final Environmental Impact Report 17ENT-0011 for the property located at 1242 20th Street to allow the retention and partial rehabilitation/adaptive reuse of an existing Tudor-style commercial building and the construction of a new Tier 1 three-story (45 feet) research/development and medical clinic facility (“Wellness Center”) consisting of approximately 76,167 square-feet and a five-level subterranean parking garage. A Major Modification is requested to consider Arizona Avenue, the parcel line separating the narrowest street frontage of the parcel from the street, as the side parcel line.

Recommended Action
Staff recommends that the City Council, based on the findings and analysis outlined in this report:

1. Deny Appeal 21ENT-0254;

2. Adopt a Resolution Certifying Final EIR 17ENT-0011;

3. Approve Development Review Permit 16ENT-0048 and Major Modification 18ENT-0382; and

4. Adopt the draft Statement of Official Action.

Summary
The applicant requests approval of Development Review Permit (DRP) 16ENT-0048 and Major Modification 18ENT-0382 to construct a three-story (45’), 76,167 square foot research/development and medical clinic facility and a five-level subterranean garage consisting of 275 parking spaces at 1242 20th Street. The project also includes the retention/adaptive reuse of an existing two-story 7,839 square foot Tudor Revival-style building formerly the Gates, Kingsley, and Gates Mortuary (GKGM) funeral home on the property located at the intersection of 20th Street and Arizona Avenue. The chapel of the

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existing building was recently rehabilitated and converted into a bakery and full-service restaurant (Tartine) in March 2020.

Subject property, northwest corner of 20th Street & Arizona Avenue On November 3, 2021, the Planning Commission held a public hearing to discuss the proposed project. In consideration of all written and oral testimony, including the staff report and the project’s Environmental Impact Report (EIR), the Planning Commission certified the Final EIR and approved the project.

On November 16, 2021 the appellant, Supporters Alliance for Environmental Responsibility, filed a timely appeal of the Planning Commission’s approval of the project. The appellant raises environmental concerns regarding the project and generally challenges the Planning Commission’s decision to certify the EIR, which are further discussed in this report. The complete appeal statement is provided as Attachment C.

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The City Council shall consider the Planning Commission’s decision de novo. The Council may review and take action on all decisions or similar actions taken that were in the purview of the Commission, and the Council may approve or disapprove the prior decision of the Commission.

As further analyzed in this report, the Council should consider the following during its review of the proposed project:
▪ Whether the project’s Final Environmental Impact Report (FEIR) adequately analyzes the project, in conformance with CEQA requirements; ▪ Whether the project’s physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are compatible and relate harmoniously to surrounding sites and neighborhoods; and
▪ Whether the proposed development and major modification are consistent with the goals, objectives and policies of the Land Use and Circulation Element (LUCE).

Background
The applicant proposes a 76,167 square foot research/development and medical clinic facility at the northwest corner of 20th Street and Arizona Avenue.

Project Site Information
Zoning District HMU, Healthcare Mixed-Use
Land Use Element
Designation
Healthcare Mixed-Use
Parcel Area
(SF)/Dimensions
45,009 square feet / 150.03’ x 300’
Existing On-Site
Improvements
1925 Arizona Avenue
- 2-story Tudor Revival-style commercial building (former Gates, Kingsley, & Gates Funeral Home,1933) w/ 1-story garage (1959) 1234 20th Street

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- 2-story, 3-unit residential building (1956)
1242 20th Street
- 2-story, 7-unit residential building (1965)
Rent Control Status - Exempt - Commercial property (1925 Arizona Ave) - Exempt - 10 residential units withdrawn from rent control pursuant to the Ellis Act as of 11/16/16 (1234-1242 20th Street)
Adjacent Zoning
Districts & Land Uses
North: HMU zone / 1-2 story community assembly/school
(Lighthouse Church & School)
East: R2, R4 zone / 2-3-story multi-unit residential, 4-story hotel (Ambrose Hotel)
South: HMU zone / 2-story multi-unit residential
West: R2 zone / 1-2-story single/multi-unit residential Historic Resources
Inventory
1925 Arizona Avenue - Property is listed on the HRI (5S3 – Appears eligible for listing as a Santa Monica Landmark)
1234-1242 20th Street - Properties are not listed on the HR Site Location Map:

Development Review Permit
The subject property is located within the Healthcare Mixed-Use District. A Development Review Permit (DRP) is required for projects with new construction and new additions to existing buildings of more than 15,000 SF of floor area located in Nonresidential Districts, pursuant to Santa Monica Municipal Code (SMMC) Section

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9.40.020(A)(3). The proposed project exceeds this size threshold and therefore a DRP is required for the project.

A Development Review Permit is intended to allow for the construction of certain projects provided that the building design, siting, and use(s) are compatible with the subject site and does not result in adverse impacts on the surrounding area. As part of the review, consideration should be given to the size, massing, and placement of structures on the site, including the location of proposed uses within the project. The DRP review shall also evaluate the project’s compliance with the development standards of the Zoning Ordinance. With the approval of the proposed Major Modification, the project complies with all Zoning Code requirements.

The subject application was filed on April 7, 2016 consisting of a Tier 2 project including a building five stories and 70 feet in height with a 2.5 FAR (approximately 110,580 sf), in conjunction with retaining the existing GKGM building. Staff expressed initial concerns regarding the overall scale, massing, and use of the building. In response to staff’s concerns, the applicant revised the plans and reduced the project size according to Tier 1 development standards that allows a maximum of three stories, 45 feet in building height with a 1.5 FAR.

Subsequent to the revised project design and concurrent with the processing of this application, the applicant obtained permits to rehabilitate and adaptively reuse the chapel wing of the GKGM building as a full-service restaurant, with alterations approved under the guidance of the Secretary of the Interior’s Standards for Rehabilitation.

Under the proposed project, no additional work is anticipated for the chapel wing of the GKGM building. Therefore, the project scope includes the rehabilitation and adaptive reuse of the remaining portions of the GKGM building and the construction of the new Wellness Center.

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Project Description
Proposed is a Tier 1 project consisting of a partial rehabilitation and adaptive reuse of an existing Tudor-style commercial building and the new construction of a three-story, 76,167 square foot medical facility (“Wellness Center”) with a subterranean garage. The Wellness Center would be 45 feet in height and include medical-related research and development and medical clinic space. The existing Tudor-style building would provide a total of 7,839 square feet, including 3,356 square feet of existing restaurant space that would remain as recently approved, and the remainder of the space reused for research and development as part of the Wellness Center.

Zoning District HMU
Parcel Size 45,009 SF
Tier 1
Height (feet) 45 (feet)
Number of Stories 3 Stories
Floor Area Ratio (SMMC 9.04.090) 1.48 (66,769 sf / 45,009 sf) Project Square Footage
(Floor Area per SMMC 9.04.080)
Existing to Remain: 7,839 sf
Proposed: 68,328 sf
Total: 76,167 sf
Parking Spaces 275 spaces
Bicycle Parking Spaces 20 short-term spaces
37 long-term spaces
Loading Spaces 1 Standard, 1 Passenger
Wellness Center: Research & Development / Medical Clinic The Wellness Center would accommodate a range of medical research activities, including space for laboratory modules, specialized equipment, medical archives, and support offices. The project would include approximately 54,000 square feet of medicalrelated research and development space within the P1 level, ground floor, and second floor. Medical clinic and outpatient care would include exam rooms and flexible spaces for patient treatment and administration. The project would include 18,428 square feet of medical clinic space and occupy the entire third floor.

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Architectural Review Board Preliminary Concept Review
The revised project design (reduced project) was presented to the Architectural Review Board (ARB) for a preliminary conceptual review on March 19, 2018. Overall, the Board expressed support for the project. Board members expressed support of the conceptual relationship between the new Wellness Center and existing GKGM building and its stepped massing, and commended the project’s clear design concept. The Board provided the following considerations for further development of the project design:
▪ Further development of the courtyard (plaza) space between the new and existing buildings, with consideration of the terraces and other elements to create a more open and inviting gathering space;
▪ Some Board members noted concern with the spiral stair within the courtyard (plaza) and the building cantilever above the existing GKGM building; ▪ Special attention in how the new building connects with the GKGM building; ▪ Further development of the north elevation and 20th Street facades and; ▪ Development of the open spaces throughout the site with a fully integrated landscape design in accordance with the Secretary of the Interior’s (SOI) Standards.

Architectural Concept Review Plans (March 19, 2018)

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Revised Proposed Plans
In response to the Board’s comments, the project was revised in a manner that improves the project’s consistency with the SOI Standards. At the proposed connection, the upper portion of the new building was scaled back, removing the cantilever above the rear administrative wing altogether. This resulted in a more appropriately spaced and restrained transition between buildings that is clearly defined as viewed from the 20th Street elevation. Additionally, the upper-level massing at the connection was considerably reduced to ensure the new construction is respectful of the GKGM building. Similarly, the upper terraces along the angled façade were reduced in size and overall projection over the ground level courtyard. These reductions to the upper-level massing improved the overall spacing between the buildings while also enhancing the openness of the courtyard at the pedestrian level.

Additionally, the overall complexity of the Wellness Center design was simplified so the building appears subservient to the existing GKGM property while retaining its own architectural concept. Based on these changes, the Board’s comments were fully addressed.

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Temporary Prohibition on Non-Residential Uses
Emergency IZO 2668 (CCS) was adopted and extended by the City Council (April 13, 2021) temporarily prohibiting non-residential uses citywide and single-unit dwellings in commercial zones to preserve potential housing sites in preparation of the 6th Cycle Housing Element. Although this IZO has now expired as of December 31, 2021, the IZO was in effect at the time of the Planning Commission hearing. As a pending nonresidential project currently in process as of January 12, 2021, the proposed project was permitted to proceed with processing and was not subject to the IZO.

Discussion
Site Planning
The subject site consists of multiple adjoining lots combined to create a single parcel containing 45,009 square feet of area. The existing two-story Tudor Revival-style building (GKGM) located at the street corner will remain in its current site configuration with its open front lawn area preserved. Although the two existing driveway access points will be removed, the L-shaped driveway paths on the property will be maintained.

The two former multi-unit residences within the existing parking lot located at 1234 and 1242 20th Street and the four-car garage connected to the rear GKGM building elevation would be removed to accommodate the new Wellness Center building addition that would connect to the GKGM administrative wing. Existing open space surrounding the GKGM building would be maintained, preserving primary building elevations as viewed from the streets. The placement of the new Wellness Center and its angled façade creates additional open space that further enhances the project’s pedestrian-orientation and overall connectivity to the street and pedestrian realm.

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Proposed Site Plan
Building Design/Architectural Concept
The proposed Wellness Center is a contemporary design, irregular-shaped building that would be connected to the Tudor-style GKGM building’s rear administrative wing. The building’s façade features a glazed curtain wall system on the ground floor while the upper floors consist of limestone panels, perforated metal guardrails, and clear glass windows framed with canted metal panel surrounds. The building’s front entry at the angled facade would be setback from the chapel portion of the GKGM building, separated by an open plaza that is pedestrian-oriented as gathering space to encourage leisurely activity. The angled façade includes integrated stepped terraces on each of the upper floors accessible to its visitors and employees. These outdoor open spaces activate the street-facing facade at the upper levels, contributing to the pedestrian-scale activity at the building’s front entry. The overall design intent is to ensure its compatibility with the existing GKGM building and consistency with its spatial relationship to the street.

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20th Street Elevation from Street Corner (20th St. & Arizona Ave.) Building Mass & Modulation
The project preserves the GKGM property and is consequently developed according to Tier 1 standards ensuring the project is appropriately sized with the existing structures on the property and within the context of the neighborhood. The collective open space surrounding the project preserves the existing scale of the property at the street corner.

The Wellness Center’s angled façade includes integrated stepped terraces on upper floors that visually breaks the massing and minimizes the overall presence of the new building. In this manner, the new building is respectful of the architectural quality, scale, and historic setting of the GKGM property, provides an appropriate transition between the existing and new building proportions, and allows the existing GKGM building to be viewed uninterrupted from multiple perspectives.

Relationship between proposed Wellness Center and existing Chapel

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As designed, the Wellness Center would be compatible in scale and character with existing buildings in the surrounding area. The proposed building is developed within a lower-scale Tier 1 building envelope and complies with daylight plane (essentially upper-level stepbacks to minimize building massing adjacent to residential district) requirements, resulting in adequate terraced upper-level building stepbacks that minimizes the change in building massing on nearby multi-unit residential properties (R2 district) across 19th Court. As proposed, the Wellness Center would be setback 15 feet from the centerline of the 20 foot-wide rear alley, and 25 feet from the nearest residential property lines. Residential properties across 19th Court and adjacent to the Wellness Center are generally developed with single story garages/carports abutting the rear alley.

Cultural Resources: Regulatory Framework and Historic Evaluation Pursuant to CEQA, a proposed project is evaluated to determine whether it may impact the eligibility of a structure or a site considered an historic resource. The framework for evaluating the project consisted of studying whether the project’s scope of work would impact the potential historic designation eligibility of the Tudor-style GKGM building.

Although the GKGM property is not historically designated under local Santa Monica criteria, it is identified on the City’s Historic Resource Inventory as appearing eligible for listing as a Santa Monica Landmark. Based on its 5S3 status, eligible for listing as a Santa Monica Landmark and potential individual resource, the EIR considers the property as an historic resource for the purposes of CEQA. This impact analysis determined the property eligible for Santa Monica Landmark designation based on the City’s Landmark criteria, and therefore reviewed the proposed project for potential impacts to the architectural character or character-defining features of the GKGM building and its setting. The Secretary of the Interior’s Standards for Rehabilitation for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer (the “Standards”) guided the assessment in whether there would be impacts to the resource under CEQA. As part of the EIR analysis, historic preservation consultant Ostashay and Associates Consulting (OAC) evaluated the proposed rehabilitation work

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to the GKGM building and determined the new building addition would be compatible with the GKGM property, consistent with the Standards.

Historic Evaluation of Existing Structures
EIR Section 4.4 Cultural Resources evaluates potential impacts on cultural resources based on the proposed project and identifies relevant mitigation measures required for the project to ensure potential impacts to any historic resources are less than significant. As part of the analysis, the existing structures (3) on the subject parcels were evaluated for historic significance. Both two-story residential buildings located at 1234 20th Street and 1242 20th Street do not satisfy the criteria for the National or California Register, or Santa Monica historic designation criteria, and are not considered historic resources for the purposes of CEQA.

The Tudor-style GKGM building (1925 Arizona Avenue) is identified on the City’s Historic Resource Inventory as eligible for listing as a City Landmark (5S3). Based on the EIR assessment of the property for local historical significance, the property appears to satisfy landmark designaton criteria in that the property; 1) exemplified a funerary property type manifesting elements of architectural heritage, 2) possesses aesthetic qualities and distinguishing architectral characteristics that articulate the Tudor Revival design that are considered noteworthy, 3) is associated with Mark T. Gates, a person of local importance, and 4) is of distinct architecture, property type, and siting at the northwest corner of Arizona Avenue and 20th Street that has become an established and familiar visual feature of the neighborhood. As such, the GKGM building is considered an historic resource for the purposes of CEQA and any exterior alterations proposed at the site, including the new proposed building, shall be performed in a manner consistent with the Secretary of the Interior’s (SOI) Standards for Rehabilitation.

Rehabilitation and Adaptive Reuse of Existing Funeral Home The Tudor-style building and former Gates, Kingsley, & Gates Moeller Murphy funeral home was constructed in 1933. A portion of the building was recently rehabilitated and converted to a bakery and full-service restaurant for Tartine, which opened in March 2020. Rehabiliation work was guided by the Secretary of the Interior’s Standards for

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Rehabilitation, and included structural repairs and upgrades to electrical, plumbing, and mechanical systems. Features of the building’s exterior including fenestration openings, façade materials, details, and colors, remained unchanged. The one-story chapel wing curently occupied for restaurant use will remain unchanged while future proposed rehabilitation work will occur throughout the remaining portions of the building.

The proposed scope of work for the administration wing would involve the removal of non-original exterior stone veneer that currently clads the building at the ground floor. Its removal will restore these building elevations to the structure’s original design scheme and appearance dating back to its date of construction in 1933. Existing curb cuts (2) for vehicular access to the L-shaped driveway would be removed and vehicular use of the driveway eliminated. Lastly, a portion of the existing walkway along the north side of the chapel would be removed and replaced with short-term bicycle parking for the entire project.

Other conceptual rehabilitation work includes maintenance and repair of exterior features that would be repaired, restored, or replaced in-kind as necessary. Details of this scope of work would be further developed during plan check review. Mitigation measure MM-CUL-2 is included as a project condition requiring the preparation of a “Preservation-Protection Plan” to ensure that implementation of related site improvements be performed consistent with applicable SOI Standards. This plan includes, but not limited to project conformance with SOI Standards with oversight and ongoing monitoring throughout project construction by a qualified historic preservation consultant.

Wellness Center: New Construction Relative to Existing Funeral Home SOI Standards 9 and 10 are relative to the new construction proposed to the rear of the GKGM building. Consistent with Standard 9, the contemporary style of the new construction is clearly differentiated from the existing GKGM building yet compatible and respectful in terms of its design, materials, location, restrained architectural articulation, and setbacks. The façade consists of limestone panels and glazed windows with metal panel surround to be compatible with, but differentiated from, the GKGM building. The

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ground level facing 20th Street includes expansive glazed window wall system while the upper floors are designed with openings/glazing dimensions relating to the scale and proportion of the windows of the GKGM building. Consistent with Standard 10, the new building would be connected to the northwest side (rear) of the GKGM administration wing and is designed as a separate element that potentally could be removed in the future with minimal disruption or impact to the historic building, maintaining its essential form and integrity.

Spatial relationship with existing GKGM building
In addition to design compatibility, the new construction would be compatible in size, scale, proportion, and massing to protect the integrity of the historic property, consistent with Standard 9. The new building is appropriately situated along a secondary elevation and its connection at the rear of the administration wing would provide adequate spacing around the chapel wing preserving its current siting on the property as viewed from 20th Street. Furthermore, the new building would not obstruct the primary elevations of the historic property and its charater-defining features as viewed from the street corner. Although larger in overall size compared to the GKGM building, the new building is setback from the resource in a respectful manner; the corner of the new building adajcent to the chapel wing of the resource is scaled back at an angle to provide adequate spacing and transition between the existing one-story chapel and new three-story building. An expansive pedestrian-oriented open courtyard is designed in front of the entry to the new building at the angled façade. The angled façade includes

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integrated stepped terraces on upper floors that visually breaks the massing and minimizes the overall presence of the new building. In this manner, the new building is respectful of the architectural quality and historic setting of the property, and provides an appropriate spatial relationship with the GKGM building. Overall, the new Wellness Center building would be consistent with the Standards and would not result in any impacts to the GKGM property.

Parking Access and Circulation
The five-level subterranean garage consists of 275 parking spaces, 37 long-term bike parking spaces including shower/locker facilities, and research and development space.

P1 and P2 levels would include passenger loading, self-park and valet parking services for patrons and visitors to manage parking operations including the use of tandem parking. The lower three parking levels would provide additional visitor and employee parking. All existing driveways along 20th Street and Arizona Avenue will be closed and vehicular access to the subterranean parking garage would be provided from the rear alley (19th Court). A standard loading space (30’x12’) accommodating commercial deliveries of medical and office supplies is accessible from 19th Court.

Vehicular access from the rear alley is consistent with LUCE goals and policies to minimize negative impacts on pedestrians, bicyclists, and transit users requiring parking to be accessed only from alleys, where alley access is available. As analyzed in the EIR and further described in the Environmental Review section of this report, the proposed access to the subterranean garage from 19th Court would be viable and would not present unusual circumstance that would warrant deviation from LUCE policy such as requiring parking access from either 20th Street or Arizona Avenue.

Major Modification 18ENT-0382
The subject site consists of multiple parcels proposed to be developed as a single parcel. As provided in SMMC Section 9.04.110(A) for corner parcels, the front of the parcel is the narrowest dimension of the parcel with street frontage. Accordingly, the front of the parcel is considered Arizona Avenue instead of 20th Street and the property

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line abutting 19th Court is defined as an interior side parcel line instead of a rear parcel line. Although the HMU district requires 15 feet of setback for either an interior side or rear parcel line when adjacent to a residential district, where a rear parcel line abuts an alley, the rear setback is measured from the center line of the alley, which is a common measurement procedure established for all zoning districts. For side parcel lines abutting an alley, the Code does not specify this similar methodology when determining a side setback as it does for a rear setback. In efforts to retain and preserve the existing GKGM property in its current setting, the applicant requests a Major Modification to consider the parcel line separating the narrowest street frontage of the parcel from the street (Arizona Avenue) as the side parcel line, pursuant to SMMC 9.43.030.

Based on site constraints and the limited building envelope for the new Wellness Center as a result of preserving the existing GKGM property in its current low-scale setting, defining 20th Street as the front of the parcel and establishing the alley as the rear elevation allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards.

View of 19th Court (alley) from Arizona Avenue
The modification would allow the proposed Wellness Center to be setback 15 feet from the centerline of 19th Court (20’ wide), and 5 feet from the rear property line, resulting in 25 feet of separation between the new building and the nearest residentially zoned property across the alley. The project would remain compliant with daylight plane requirements, which also establishes the daylight plane envelope from the centerline of

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19th Court. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings proposed on mid-block parcels. Furthermore, due to the retention of the GKGM property at the street corner that spans approximately 153 feet in length along 19th Court as measured from Arizona Avenue, the proposed Wellness Center will be limited in its overall building width, thereby reducing the amount of new construction along the rear alley elevation and will appear as a project developed on a mid-block parcel. Considering the project achieves historic and neighborhood preservation goals and expand the City’s healthcare needs with a facility that would be consistent with setback and daylight plane requirements intended for new mid-block buildings adjacent to residential districts, staff believes the proposed major modification would be appropriate for this particular project.

Zoning Code Compliance
The HMU District is intended to provide for the future orderly expansion of the City’s hospitals and related health care facilities in order to meet the needs of both the community and region while protecting the integrity of the surrounding residential neighborhoods. The District fosters the evolving needs of the healthcare community with expanded medical office uses and outpatient services.

The Zoning Ordinance contains general development standards that are applicable to all commercial and mixed-use districts such as pedestrian orientation and daylight plane adjacent to residential districts. With the exception of the proposed Major Modification, the project complies with development standards applicable to the site.

Land Use and Circulation Element (LUCE) / Specific Plan Consistency The project is located in the Healthcare Mixed-Use land use designation of the LUCE.

The development parameters in the LUCE are implemented in the Zoning Ordinance for Tier 1 projects. With the exception of the proposed major modification to allow Arizona Avenue to be considered the side parcel line, the proposed project complies with all of the development standards outlined in the Zoning Ordinance.

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Consistent with Goal LU7, the project involves the development of a new research/development and medical facility that will support the continued vitality of the City’s hospitals to meet the healthcare needs of the City. Consistent with Policy LU12.2 which promotes the adaptive reuse of historic structures and where new construction shall be respectful of existing historic resources, the GKGM building would be preserved in its current condition and the administrative wing adaptively reused as part of the Wellness Center. Additionally, the design and placement of the new building is respectful of the historic GKGM building and property, would be consistent with the SOI Standards, and would not result in any impacts to the existing property. Furthermore, consistent with Goal D30, the project would be compatible in scale and character with existing buildings and the surrounding residential neighborhood in that the Wellness Center is comparable with other existing buildings in the area in terms of building height, is designed with upper-level stepbacks and recessed openings that minimize overall massing, and complies with daylight plane requirements. Consistent with transportation Policies T25.2 and T25.3 which requires that parking be accessed only from alleys, where alley access is available and to minimize the width and number of driveways at individual development projects, existing driveways along 20th Street and Arizona Avenue will be removed and parking access to the site would be provided from the rear alley (19th Court). EIR Table 4.8-2 further outlines the project’s consistency with LUCE goals and policies.

Potential for Housing Development
Similar to the proposed research/development and medical clinic uses, the HMU district permits certain residential uses by-right. Tier 2 projects with community benefits are allowed a building height up to 5 stories/70 feet and a 2.5 FAR, with one-hundred percent affordable housing projects allowed the same development potential however with no limit to the number of stories. Although residential development is a permitted use in the district, the proposed medical-related uses are also permitted by-right and further, the primary purpose of the Healthcare Mixed-Use district is to provide for the expansion of health care facilities while protecting the integrity of the surrounding residential neighborhoods.

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Although the proposed project does not include housing, the project satisfies other LUCE goals and policies prescribed for the HMU district. As provided in the LUCE, the HMU land-use parameters include hospital and medical office uses, pharmacies, residential care, rehabilitation and outpatient clinics, affordable, workforce and marketrate housing targeted at hospital employees, and supportive retail uses. The proposed medical facility contributes to the range of land uses intended for the district.

Additionally, the project is sensitive to the surrounding residential neighborhood in that its developed according to lower Tier 1 standards in efforts to accommodate the preservation of the GKGM property in its current low-scale setting, consistent with SOI Standards, while providing a facility that is encouraged within the district. Balancing the overall goals and policies for the area, the proposed nonresidential project would be appropriate for the subject site.

Also, the subject property is not included on the Housing Element’s Suitable Sites Inventory (SSI) based on this pending nonresidential Development Review Permit application filed for the property, viewed by the State as unlikely to become a housing site as a result.

Environmental Analysis
In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the proposed project. As required by Section 15082 of the CEQA Guidelines, a Notice of Preparation (NOP) was published commencing on January 9, 2018 and ending on February 9, 2018. Additionally, on January 18, 2018, a public scoping meeting to receive public comments was held at McKinley Elementary School. During the scoping meeting, Staff described the proposed project and the environmental review process, and received public comment on the scope and content of the EIR. The following issues were raised in the comments on the NOP as outlined in the EIR:
• Access of the underground parking structure coming through the alley is a potential access conflict with the Lighthouse Church School.’

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• Rear alley is already busy and increased usage of the alley could result in increased congestion, noise, and potential for accidents. • There is no historical or architectural significance associated with the GKGM Building, and project access should be provided via 20th Street or Arizona Avenue through this property.

These NOP comments were considered and information addressing these comments have been incorporated into Section 4.4 Cultural Resources, 4.9 Noise, and Chapter 6.0 Alternatives to the Proposed Project.

On December 17, 2020, a Notice of Completion and Public Availability of the Draft EIR was published, commencing 45-day public comment period for the Draft EIR as required by CEQA. The environmental issues studied in detail in the Draft EIR include:
• Aesthetics
• Air Quality
• Construction Effects
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Land Use and Planning
• Noise and Vibration
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Energy
The Draft EIR was available for a 45-day public review period, during which two comment letters were received. The Final EIR, which was published in October 2021,

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contains all comments and responses to comments received during the comment period and minor changes to the Draft EIR to address refinements in the project’s floor area.

Summary of Potential Impacts
EIR Table 1-1 includes a summary of the environmental impacts that could result from the proposed project. All impacts were determined to be less than significant or can be mitigated below a level of significance through implementation of feasible mitigation measures. Accordingly, all mitigation measures identified in the EIR are included as project conditions of approval in the draft Statement of Official Action (Attachment B).

Significant and Unavoidable Impacts
CEQA Guidelines Section 15126.2(b) requires that an EIR describe any significant impacts that cannot be avoided, even with implementation of feasible mitigation measures. As indicated in Chapter 4, Environmental Analyses, of the EIR, the proposed project would not result in significant and unavoidable impacts.

Alternatives Studied
The selection of alternatives studied in the EIR are based on CEQA requirements as well as consideration of public comments received during the NOP comment period for the Draft EIR. While no significant and unavoidable impacts were identified as a result of the proposed project, the alternatives selected for analysis would avoid or substantially lessen at least one of the less-than-significant impacts of the proposed project or have been selected to inform the decision-making process. The EIR studied the following six alternatives to the project:
• Alternative 1, No Project/No Build, is required pursuant to Section 15126.6(e) of the CEQA Guidelines. In this alternative, the project site would remain as-is within the existing GKGM building remaining partially occupied with a restaurant, two underutilized residential buildings leased as office space, and a surface parking lot. However this alternative was rejected as it does not satisfy any of the project objectives.

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• Alternative 2, No Project/Reasonably Foreseeable Development Alternative, assumes reoccupation of the existing unoccupied portion of the GKGM Building with medical office/clinic as permitted within the HMU zone. The existing restaurant within the GKGM building would remain. The two former residential buildings would be occupied with office uses. This alternative contemplates interior renovations that would upgrade the existing buildings, such as altering the existing floor plans and providing modern amenities. Although this alternative may reduce the need for mitigation measures resulting in less than significant impacts compared to the proposed project, the alternative would not meet the primary project objective of constructing a new wellness center consisting of research/development and medical clinic uses.
• Alternative 3, Administrative Approval (AA) Project Alternative, would add 15,000 SF of new development to the existing GKGM building subject to Administrative Approval permit review. This alternative would have a development density that is reduced from the proposed project, and as such, would cause less change to the visual character and setting conditions. The trip generation would be reduced, along with construction impacts associated with air quality, noise, and transportation. However, Alternative 3 would not meet most of the proposed project objectives. Although this alternative would preserve the GKGM building, provide modern medical facilities and improve the pedestrian orientation along 20th Street, it would result in fewer jobs in close proximity to housing and transit to support the mobility and circulation objectives of the proposed project. Furthermore, this alternative would not provide research & development uses or further the goals and policies related to the economic viability of the HMU District.
• Alternative 4, Tier 1 (Reduced Project) Alternative would adaptively reuse the vacant portion of the existing GKGM building and develop a new 33,750 SF building with the same research/development and medical clinic uses. This alternative represents a reduction in floor area/building size. The existing

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restaurant within the GKGM building would remain. This alternative would meet most of the objectives identified for the proposed project, including preservation of the GKGM building and to provide modern medical facilities within a building that is pedestrian-oriented with sustainability features. However, Alternative 4 would not fully meet the economic objectives of the proposed project. • Alternative 5, Tier 2 (2.5 FAR) Project Alternative represents development of the proposed project at a Tier 2 density and height resulting on a 104,283 SF building addition with a height of 70 feet as allowed for Tier 2 projects within the HMU zone. Similar to the proposed project, the addition would consist of research/development and medical clinic uses and would adaptively reuse the currently unoccupied portion of the existing GKGM building. The existing restaurant within the GKGM building would remain. Alternative 5 would result in greater impacts related to aesthetics, air quality, cultural resources, GHG emissions, noise, and utilities and service systems. However, the alternative would result in less VMT per capita and would meet most of the project objectives.
• Alternative 6, 20th Street Access Alternative, would be essentially the same as the proposed project with the exception of the location of the primary vehicular access. Vehicular ingress/egress for the project site would be provided along 20th Street, with service and loading access provided via 19th Court Alley. All other aspects of the proposed project would remain the same. This alternative was studied in response to concerns expressed by community members during the scoping meeting regarding alley congestion and potential impacts to dropoff/pick up operations for the adjacent Lighthouse Church School, and the project’s proposed vehicle access to the subterranean garage from the rear alley.

According to the analysis, relocating the primary ingress/egress along 20th Street may cause queuing and backups along 20th Street therefore shifting the added circulation to the street instead of accommodating along rear alley. The proposed

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driveway along the rear alley is consistent with LUCE goals and policies to minimize negative impacts on pedestrians, bicyclists, and transit users requiring parking to be accessed only from alleys, where alley access is available and would not result in traffic, circulation, or safety concerns that would justify located the primary driveway for the project on 20th Street. Although access from 19th Court or 20th Street would be viable, the analysis did not find unusual circumstance that would warrant deviation from LUCE policy where relocating the primary parking driveway to 20th Street would be necessary.

Environmentally Superior Alternative
CEQA Guidelines Section 15126.6(e)(2) indicates that an analysis of alternatives shall identify an environmentally superior alternative among the alternatives evaluated in the EIR. In general, the environmentally superior alternative as defined by CEQA should minimize adverse impacts to the project site and its surrounding environment. An alternative may reduce environmental impacts to certain resource areas and increase impacts to other resource areas as compared to the proposed project, while another alternative may reduce different environmental impacts. Although CEQA does not provide specific guidance in this matter, where an alternative is anticipated to result in reduced impacts for a majority of resource areas and/or substantially reduced impacts in especially critical resource areas, this can support a finding that the alternative is environmentally superior. In the case of the subject project, while no significant and unavoidable impacts have been identified for the proposed project, the superior alternative would avoid or substantially lessen at least one of the less-than-significant impacts.

Alternative 3, Administrative Approval (AA) Project Alternative, would be the environmentally superior alternative. In comparison to the other project alternatives, Alternative 3 would lessen the potential impacts of the project to a greater degree.

However, this alternative would not meet the project objectives. This alternative would result in fewer jobs in close proximity to housing and transit to support the mobility and circulation objectives of the proposed project. Furthermore, this alternative would not provide research & development uses, a higher level of community benefits, or further

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the goals and policies related to the economic viability of the HMU District.

Planning Commission Action
On November 3, 2021, the Planning Commission held a noticed public hearing and thoroughly discussed the proposed project. The Commission commended the project’s adaptive reuse and preservation of the existing the GKGM building and found the proposed Wellness Center building appropriately scaled with its placement respectful of the architectural quality and historic setting of the property. The Commission determined the project consistent with the Secretary of the Interior’s Standards for Rehabilitation.

Public correspondence in support for the project included a letter of support from the Santa Monica Conservancy commending the project as an outstanding example of historic preservation joined to compatible new construction. As provided in its appeal statement, the appellant submitted their concerns regarding the adequacy of the project’s EIR analysis of the potential environmental impacts. In response to the appellant’s concerns with the EIR, staff prepared a response addressing these concerns (Attachment I) and the Commission discussed the appellant’s concerns during its deliberation.

In consideration of all written and oral testimony, staff reports, the project’s Final Environmental Impact Report, and materials introduced into the public record, the Planning Commission, in a 5-0-1 vote consisting of one abstention, approved Development Review Permit 16ENT-0048 and Major Modification 18ENT-0382, based on the findings provided in the Commission’s Statement of Official Action (Attachment G). Additionally, the Commission, in a 5-1 vote, certified Final Environmental Impact Report 17ENT-0011. Public correspondence provided to the Planning Commission is provided as Attachment H.

Appeal Analysis
Supporters Alliance for Environmental Responsibility filed a timely appeal of the Planning Commission’s action, which asserts the following:

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▪ The FEIR fails to provide comparative data to support its rejection of one of the project alternatives;
▪ There is substantial evidence that the project will have a significant health risk impact from its indoor air quality impacts;
▪ There is substantial evidence that the project will have significant adverse air quality, health risk, and greenhouse gas impacts;
▪ The project will have significant adverse biological impacts that the FEIR fails to adequately analyze and mitigate.

The following is staff’s analysis of the points of appeal.

Issue A. The FEIR Fails to Provide Comparative Data to Support Its Rejection of one of the Project Alternatives.

According to the Appellant, there is an inadequate analysis of Alternative 4, and the Final EIR concludes that Alternative 4 is infeasible because it does not meet economic objectives. The Final EIR lacks substantial evidence that Alternative 4 is infeasible and falls short of CEQA requirements.

CEQA (Public Resources Code Section 21002.1) requires that an EIR identify alternatives to mitigate or avoid the significant effects that a project may have on the environment. The discussion of alternatives must focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project. For the project Final EIR, it is important to note that with the incorporation of mitigation measures, the Final EIR determined the project would not result in any significant environmental impacts. Because there would be no significant unavoidable impacts, an alternative to the project is not necessary under CEQA. The alternatives analysis in an EIR is explicitly for the purpose of reducing or eliminating significant environmental impacts, and the project does not result in such impacts. While no significant and unavoidable impacts were identified in association with the project, the alternatives selected for analysis in the project’s Final EIR provide a robust

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evaluation of numerous options, which were selected to inform the decision-making process.

Further, the appellant erroneously states that the Final EIR determined Alternative 4 to be infeasible. To the contrary, Alternative 4 is explicitly included as an alternative for consideration in the EIR and was fully evaluated in Section 6.7.4 of Section 6, Alternatives to the Project. The Final EIR acknowledges that Alternative 4 is feasible and that it “fully” meets most but not all of the Project objectives.

Issue B. There is Substantial Evidence that the Project Will Have a Significant Health Risk Impact from its Indoor Air Quality Impacts
According to the Appellant, the Final EIR fails to analyze significant indoor air quality impacts that the Project will have on commercial employees of the Project. In particular, the appellant states that there will be emissions of the cancer-causing chemical formaldehyde and states that mitigation measures should be incorporated to reduce these health risks.

Section 15126.4 of the CEQA Guidelines requires that an EIR identify feasible mitigation measures in order to substantially lessen or avoid the significant adverse effects of the project on the physical environment. In the case of the project, mitigation measures are not required to address indoor air quality health effects since there will be no significant adverse indoor air quality impacts, including those due to formaldehyde.

The project will need to comply with the 2019 CALGreen Code, which specifies that composite wood products (such as hardwood plywood and particleboard) meet the requirements for formaldehyde as specified in the California Air Resources Board’s Air Toxic Control Measures. The 2019 CALGreen building code also does not allow added formaldehyde-based resins or ultra-low emitting formaldehyde resins, and requires documentation of compliance with the California Air Resources Board’s Air Toxic Control Measures. Because the project would be built in accordance with CARB’s Air Toxic Control Measures and 2019 CALGreen building code which prohibits the use of

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high emitting formaldehyde, there would not be a significant impact and there is no need for the mitigation measures identified by the appellant.

Issue C. There is Substantial Evidence that the Project Will Have Significant Adverse Air Quality, Health Risk, and Greenhouse Gas Impacts

1. The FEIR Relied on Unsubstantiated Input Parameters to Estimate Project Emissions and Thus the Project May Result in Significant Air Quality Impacts.

The Appellant states that the Final EIR used unsupported inputs for the modeling of air quality and greenhouse gas impacts. Specifically, the appellant questions changes to the model default parameters in the California Emissions Estimator Model (CalEEMod) that was used in the Final EIR including:
• Project Input Parameters
• Acres of Grading
• Off- Road Construction Equipment
• Number of Demolition Trips
• Worker and Vendor Trips
• Material Export
CalEEmod is an air quality modeling tool and is used by air quality analysts to estimate air quality emissions from projects. The modeling tool includes default factors, which are generally used if project specific information is unknown. As specifically identified in the CalEEMod User's Tips documentation, “[u]sers are encouraged to understand the defaults and provide site specific data (e.g., construction schedule, construction equipment type, results of traffic study, predicted water usage, etc.), if available, for a more accurate analysis” (CAPCOA 2017).

For the project’s Final EIR, default factors in CalEEMod were updated according to information provided by the applicant, which includes construction schedule phase lengths for major activities (e.g., demolition, grading, building construction, paving, and architectural coating); construction equipment lists for these major activities and hours of usage per day, construction truck and vehicle worker trips, and grading/excavation

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quantities. The changes to the default CalEEMod assumptions for the project emissions modeling were appropriate based on applicant input and project-specific information.

The project-specific adjustments to the model provide for a more accurate analysis of the project’s impacts.

2. There is Substantial Evidence that the Project May Have a Significant Health Impact as a Result of Diesel Particulate Emissions.

The Appellant states that the Final EIR inadequately analyzed health risk and contends that the project would have a significant health impact based on the screening model, known as AERSCREEN. However, AERSCREEN is a simplified screening model that does not consider meteorological data or topographical data.

Construction health risks were evaluated in the Final EIR using the EPA and SCAQMD refined model, known as AERMOD. This model takes into account meteorological data and topographical data. It also accounts for the geography of a project site, locations of emissions sources, the time of day emissions would occur, locations of sensitive receptors, and other factors to a much greater degree than AERSCREEN, which better represents the real world environment. Based on the AERMOD analysis, health risk impacts were determined to be less than significant with mitigation.

3. The FEIR Failed to Adequately Analyze the Project’s Greenhouse Gas Impacts and Thus the Project May Result in Significant Greenhouse Gas Emissions The Appellant states that the Final EIR used unsupported inputs for the modeling of air quality and greenhouse gas impacts. As indicated previously, the changes to the default CalEEMod assumptions for estimating the project emissions were appropriate based on applicant input and project-specific information. The project-specific adjustments to the model provide for a more accurate analysis of the project’s impacts.

Additionally, as discussed in the Final EIR, the estimates of GHG emissions are provided for informational purposes only and were not used to determine significance.

Project significance is based on the analysis of the project’s consistency with applicable

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regulatory plans and policies to reduce GHG emissions, as discussed in Section 4.6.5, Impact Analysis of the EIR. This approach is consistent with the State CEQA Guidelines Section 15064.4, which states that lead agencies have the discretion to determine, in the context of a particular project, whether to: (1) use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use; or (2) rely on a qualitative analysis or performance-based standards. The significance of GHG impacts relating to the Project are based the applicable regulatory plans and policies to reduce GHG emissions, which include CARB’s Climate Change Scoping Plan; the SCAG 2020-2045 RTP/SCS; and the City’s Sustainable City Plan, Climate Action and Adaptation Plan, Green Building and Energy Code, and the City’s LUCE. The Final EIR determined that the project was found to be consistent with all applicable strategies and measures of these plans and policies.

Therefore, impacts associated with greenhouse gas emissions would be less than significant.

Issue D. The Project Will Have Significant Adverse Biological Impacts That the FEIR Fails to Adequately Analyze and Mitigate.

The appellant contends that the Final EIR is inadequate in its characterization of the existing environmental setting as it relates to wildlife and the Final EIR fails to account for the increased possibility of bird-window collision mortality that will be caused by the project.

CEQA and Section 15126 of the CEQA Guidelines require an EIR to disclose and evaluate a project’s significant individual and cumulative impacts. Where effects were determined not to be significant, the EIR shall contain a statement briefly discussing the reasons why the effects were determined to be less than significant. Consistent with CEQA requirements, Appendix A of the Final EIR (Initial Study) analyzed the project’s effects on biological resources including birds and determined impacts to be less than significant. The project site is developed and located within a highly urbanized area, with only sporadic ornamental trees, shrubs, and lawns present. The project site and the

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surrounding vicinity provide minimal roosting and foraging habitat for bird species. Most of the species of birds occurring on the site are common urban adapted species.

The appellant contends that the project site provides habitat for birds, and that the project would result in an increase in bird-window collision mortality. The bird collision rate asserted by the appellant is speculative and not supported by substantial evidence that such bird mortalities would occur due to construction of a 3-story structure at the project site. The project would not increase existing bird use of the site and the project surrounding is fully urbanized with other existing taller buildings. Further, the project would be required to comply with SMMC Section 9.21.120 which prohibits the use of highly reflective materials. Section 9.21.120 (D)(3) states that no more than 25 percent of the surface area of any façade on any new building or addition to an existing building shall contain black or mirrored glass or other mirror-like material that is highly reflective.

Conclusion
The applicant requests approval of Development Review Permit and Major Modification to allow a Tier 1 project consisting of a partial rehabilitation and adaptive reuse of an existing Tudor-style commercial building and the new construction of a three-story medical facility. In preserving the GKGM property, the project is developed according to Tier 1 development standards ensuring the project is appropriately sized with the existing structures on the property and within the context of the neighborhood. The Wellness Center’s angled façade includes integrated stepped terraces on upper floors that visually breaks the massing and minimizes the overall presence of the new building. In this manner, the new building is respectful of the architectural quality, scale, and historic setting of the GKGM property, providing an appropriate transition between buildings. The project is consistent with the LUCE in that the project:

1. involves the development of a new research/development and medical facility that will support the continued vitality of the City’s hospitals to meet the healthcare needs of the City;

2. promotes the adaptive reuse of historic structures;

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3. would be compatible in scale and character with existing buildings and the surrounding neighborhood; and

4. is consistent with transportation policies requiring project parking to be accessed from alleys.

Additionally, staff does not agree with the assertions made regarding the adequacy of the project’s EIR, and the appellant’s concerns and reasons for the appeal. Accordingly, for the reasons provided in the appeal analysis, staff finds that the Final EIR adequately analyzes the project’s potential environmental impacts, in conformance with CEQA requirements.

As conditioned and with implementation of the recommended Mitigation Measures identified in the Final EIR, the project would be consistent with the Secretary of the Interior’s Standards for Rehabilitation and would not result in significant and unavoidable impacts to the environment. As described in this staff report and based on the findings provided in the draft Statement of Official Action, the project satisfies the required DRP and Major Modification findings and thereby recommends project approval.

Financial Impacts and Budget Actions
There is no immediate financial impact to the City or budget action necessary as a result of the recommended action.

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Prepared By: Steve Mizokami, Senior Planner
Approved Forwarded to Council
Attachments:

A. General Plan & Municipal Code Compliance Worksheet
B. Draft Statement of Official Action (Council)
C. Appellant Statement and Materials (Letters Dated 02-02-22 & 11-03-21) D. EIR Consultant (Dudek) Response to Appellant Statements E. Resolution Certifying the Final Environmental Impact Report and Adopting a Mitigation Monitoring and Reporting Program
F. Final Environmental Impact Report (Web Link)
G. Planning Commission Statement of Official Action (November 3, 2021) H. Planning Commission Hearing Public Correspondence - November 3, 2021 (Web Link)
I. City Staff Response to Letter from Supporters Alliance for Environmental Responsibility (“SAFER”) dated November 3, 2021 (Web Link) J. Project Plans (Web Link)
K. Project Renderings (Web Link)

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ATTACHMENT A

GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET

CATEGORY LAND USE

ELEMENT MUNICIPAL CODE PROJECT
Permitted Use
Healthcare
Mixed-Use
(HMU)
Research & Development,
Hospital & Clinics are
permitted uses in the HMU
district.

SMMC Table 9.13.020
Research & Development,
and Medical Clinic uses
proposed.

Maximum FAR – Tier 1 N/A 1.5 FAR
SMMC Table 9.13.030
Complies:
66,769 sf / 45,009 sf =

1.48 FAR
Maximum Building –
Tier 1 (Stories/Feet) N/A 3 stories / 45 feetSMMC Table 9.13.030 3 stories / 45 feet
Interior Side and Rear
Adjacent to a
Residential District
N/A 15 feet
SMMC Table 9.13.030
Major Modification:

Pursuant to Santa Monica
Municipal Code (SMMC)
Section 9.43.030(B)(7), for
corner parcels, the parcel
line separating the
narrowest street frontage
of the parcel from the
street may be modified as
the side parcel line.

Accordingly, the property
would provide a rear yard
setback of 15 feet as
measured from centerline
of alley.

Daylight Plane
Adjacent to Residential
District—Interior Side
and Rear Setbacks
Buildings shall not extend
above a plane starting at 25
feet in height directly above
the parcel line abutting any
residentially-zoned parcel, or
where there is an alley, the
centerline of the alley, and
from that point, extending in
at a 45-degree angle from
vertical toward the interior of
the site.

Complies: No portion of
the building extends
outside of the daylight
plane envelope.

6.A.a
Packet Pg. 645 Attachment: General Plan & Municipal Code Compliance Worksheet (4956 : Appeal of Planning Commission Approval of Wellness Center at SMMC Section 9.13.030(C)
Parking N/A Research & Development:
1/300
Medical Clinic:
1/250
Restaurants 2,500-5,000 sf:
1/200
Proposed Project:

Research & Development:
54,000/300 = 180 spaces
Medical Clinic:
18,812/250 = 75 spaces
Restaurants 2,500-5,000:
3,356/200 = 17 spaces
Total Spaces Required:
272
SMMC Section 9.28.060
Complies:

Total Spaces Provided:
275 spaces
Parking Access Policy T25.2:

Require that
parking be
accessed only
from alleys,
where alley
access is
available.

Access to parking shall be
from alleys.

Section 9.28.120(B)(3).

Complies: Project
provides vehicle access to
subterranean garage from
the rear alley (19th Court).

Loading Spaces N/A Projects with 50,000 or more
square feet of floor area shall
provide 1 passenger loading
space and one standard
loading space;
SMMC Section 9.28.080
Complies: Project
provides 1 passenger
loaded space within
garage and 1 standard
loading space accessible
from rear alley.

EV Charging Stations N/A EV Charging Stations
required for new
development projects with at
least 25 parking spaces:
50-99 parking spaces: 2
charging stations plus one for
each additional 50 parking
spaces.
275 Parking Spaces
provided: minimum 5 EV
Charging Stations required.

SMMC Section 9.28.160
Complies: Project
provides 28 EV Charging
Stations.

6.A.a
Packet Pg. 646 Attachment: General Plan & Municipal Code Compliance Worksheet (4956 : Appeal of Planning Commission Approval of Wellness Center at Car and Van Pool
Parking
N/A All commercial uses where
there are more than 50
parking spaces on the site
shall provide permanentlydesignated car and vanpool
parking spaces.
200 parking spaces and over:
3 + 1 for every 50 spaces
275 parking spaces provided:
4 spaces required
Complies: 5 spaces
provided
Refuse and Recycling
Rooms
N/A Any development, whether
residential, nonresidential, or
mixed-use with more than 40
residential units, or with more
than 40,000 square feet of
floor area shall be reviewed
by the Director of Public
Works,
SMMC 9.21.130(C)(4)
Complies: 743 SF Refuse
& Recycling area
accessible from rear alley.

Preliminary Approval by
Resource, Recovery, and
Recycling Division.

Height Projections N/A Elevator shafts: 18 ft. above
the roofline
Mechanical rooms,
enclosures, and equipment
screening: 12 ft. above the
roofline
Solar Energy Systems:

Photovoltaic solar energy
systems may extend up to 5
feet above the roof surface
on which they are installed,
even if this exceeds the
maximum height limit in the
District in which it is located.

SMMC Table 9.21.060
SMMC 9.21.150(2)(b)
Complies: Elevator shaft
projects 12 feet above
roofline.

Mechanical enclosures
and screening: 12 feet
above roofline.

Roof-mounted
Photovoltaic Solar Panels:

Less than 5 feet above
roofline.

Development Impact
Fees
N/A
A. Park and Recreation
Development Impact Fee:
- Hospital/Clinic: $1.45/SF
- Industrial: $1.48/SF
- Hospital/Clinic: $1.45 x
54,000 SF = $78,300
- Industrial: $1.48 x 18,812
SF = $27,841.76
A. $106,141.76
B. $152,334
C. TBD
D. $541,051.32
E. $974,886.72

6.A.a
Packet Pg. 647 Attachment: General Plan & Municipal Code Compliance Worksheet (4956 : Appeal of Planning Commission Approval of Wellness Center at B. Private Developer
Cultural Arts Requirement
1% of $200/SF
TBD
D. Affordable Housing
Commercial Linkage Fee: - Hospital/Clinic: $7.02/SF - Industrial: $8.61/SF - Hospital/Clinic: $7.02 x 54,000 SF = $379,080 - Industrial: $8.61 x 18,812
SF = $161,971.32
E. Transportation
Impact Fee: - Hospital/Clinic: $17.51/SF - Industrial: $1.56/SF - Hospital/Clinic: $17.51 x 54,000 SF = $945,540 - Industrial: $1.56 x 18,812
SF = $29,346.72
* Fee estimates based on
FY20-21 schedule. Fees
shall be updated according to
fee schedule at the time of
building permit issuance.

Deed Restriction Lot-Tie Deed Restriction shall
be required to develop site
with a single building.

Deed Restriction shall be
recorded prior to the
issuance of a building
permit.

6.A.a
Packet Pg. 648 Attachment: General Plan & Municipal Code Compliance Worksheet (4956 : Appeal of Planning Commission Approval of Wellness Center at City of Santa Monica
City Planning Division

CITY COUNCIL

STATEMENT OF OFFICIAL ACTION

PROJECT INFORMATION
CASE NUMBER: Appeal 21ENT-0254
Development Review Permit 16ENT-0048
Major Modification 18ENT-0382
Final Environmental Impact Report 17ENT-0011
LOCATION: 1242 20th Street
APPLICANT: CIM Group
PROPERTY OWNER: 1925 Arizona, (LA) LLC
CASE PLANNER: Steve Mizokami, Senior Planner
REQUEST: Development Review Permit 16ENT-0048 and Major Modification 18ENT-0382 to allow the retention and
partial rehabilitation/adaptive reuse of an existing
Tudor-style commercial building and the construction of a new Tier 1 three-story, 45-foot tall
research/development and medical clinic facility
(“Wellness Center”) consisting of approximately 76,167
square-feet and a five-level subterranean parking
garage.

CEQA STATUS: In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (SCH No.
2018011001) was prepared to determine the
environmental effects of the proposed Wellness Center.

According to the EIR, the proposed project, with
implementation of feasible mitigation measures, would
not result in significant and unavoidable impacts.

6.A.b
Packet Pg. 649 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

CITY COUNCIL ACTION
March 8, 2022 Determination Date
X
Approved based on the following findings and subject to the conditions below.

Denied.

Other:

EFFECTIVE DATE OF ACTIONS: March 8, 2022

EXPIRATION DATE OF ANY PERMITS
GRANTED:
(2 years pursuant to SMMC Section 9.37.090,
and as may be extended by 2 additional years
pursuant to Emergency Interim Zoning
Ordinance 2688.

March 8, 2024, as may be extended to
March 8, 2026 pursuant to Emergency
Interim Zoning Ordinance 2688.

LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.

Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

FINDINGS

DEVELOPMENT REVIEW PERMIT FINDINGS
A. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards and are both compatible and relate harmoniously to surrounding sites and neighborhoods in that the new construction is designed to protect the integrity of the GKGM building and property, considered an historic resource for the purposes of CEQA. The project is developed according to Tier 1 standards, ensuring the project is appropriately sized with the existing structures on the property and within the context of the neighborhood. The new building is appropriately situated along a secondary elevation and its connection at the rear of the administration wing would provide adequate spacing around the chapel wing preserving its current siting on the property as viewed from 20th Street. Furthermore, the new building would not

6.A.b
Packet Pg. 650 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at obstruct the primary elevations of the historic property and its charater-defining features as viewed from the street corner. The Wellness Center is setback from the resource in a respectful manner; the corner of the new building adajcent to the chapel wing of the resource is scaled back at an angle to provide adequate spacing and transition between the existing one-story chapel and new three-story building.

An expansive pedestrian-oriented open courtyard is designed in front of the entry to the new building at the angled façade. The angled façade includes integrated stepped terraces on upper floors that visually breaks the massing and minimizes the overall presence of the new building. In this manner, the new building is respectful of the architectural quality and historic setting of the property, and provides an appropriate spatial relationship with the GKGM building.

As designed, the Wellness Center would be compatible in scale and character with existing buildings in the surrounding area. Compatible with the adjacent residential district to the west, the proposed building complies with daylight plane requirements, resulting in adequate terraced upper-level building stepbacks along the rear alley that minimizes the building massing on nearby multi-unit residential properties (R2 district) across 19th Court. As proposed, the Wellness Center would be setback 25 feet from the nearest residential property lines.

B. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal transportation methods, including adequate parking and access, in that the project’s EIR concludes that the project would not result in any traffic impacts and would not conflict or physically preclude implementation of any City circulation policies, plans, or programs. Additionally, the proposed vehicular access to the subterranean garage from the rear alley is consistent with LUCE goals and policies to minimize negative impacts on pedestrians, bicyclists, and transit users by requiring parking to be accessed only from alleys, where alley access is available.

As studied in the EIR, the proposed access to the subterranean garage from 19th Court would be viable and would not present unusual circumstance that would warrant deviation from this LUCE policy.

C. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development in that the existing building and subject site is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required for this project.

D. The project is generally consistent with the Municipal Code, General Plan, and any applicable Specific Plan, in that the proposed project, with the concurrent approval of the proposed Major Modification, complies with all the land use and development standards of the Healthcare Mixed-Use District and Zoning Ordinance requirements. The proposed development is also consistent with the goals, objectives and policies in the LUCE. Consistent with Goal LU7, the project involves the development of a new research/development and medical facility that will support the continued vitality of the City’s hospitals to meet the healthcare

6.A.b
Packet Pg. 651 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at needs of the City. Consistent with Policy LU12.2 which promotes the adaptive reuse of historic structures and where new construction shall be respectful of existing historic resources, the GKGM building would be preserved in its current condition and the administrative wing adaptively reused as part of the Wellness Center. Additionally, the design and placement of the new building is respectful of the historic GKGM building and property, will be consistent with the SOI Standards, and will not result in any impacts to the existing property. Furthermore, consistent with Goal D30, the project will be compatible in scale and character with existing buildings and the surrounding residential neighborhood in that the Wellness Center is comparable with other existing buildings in the area in terms of building height, is designed with upper-level stepbacks and recessed openings that minimize overall massing, and complies with daylight plane requirements. Consistent with transportation Policies T25.2 and T25.3 which requires that parking be accessed only from alleys, where alley access is available and to minimize the width and number of driveways at individual development projects, existing driveways along 20th Street and Arizona Avenue will be removed and parking access to the site would be provided from the rear alley (19th Court).

E. Based on environmental review, in accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the proposed project concluding that the project will not result in any significant and unavoidable impacts. All impacts were determined to be less than significant or can be mitigated below a level of significance through implementation of feasible mitigation measures, incorporated herein as conditions of approval for the project.

F. The project promotes the general welfare of the community in that the project involves the development of a new research/development and medical facility that will support the continued vitality of the City’s hospitals to meet the healthcare needs of the City and promotes the adaptive reuse and preservation of the existing GKGM property.

G. The project has no unacceptable adverse effects on public health or safety in that the project’s EIR concludes that the project, with the implementation of mitigation measures, will not result in any significant and unavoidable impacts to the neighborhood. As such, the project includes a Mitigation and Monitoring Plan that includes mitigation measures required for the project as conditions of approval.

H. The project provides Community Benefits consistent with Chapter 9.23 of the Zoning Ordinance. As a Tier 1 project, the proposed project is not subject to the community benefits outlined in this chapter of the Zoning Ordinance pursuant to SMMC Section 9.23.020 (Applicability).

MAJOR MODIFICATIONS FINDINGS

6.A.b
Packet Pg. 652 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at A. The requested modification is consistent with the General Plan and any applicable area or specific plan. Specifically, pursuant to Santa Monica Municipal Code (SMMC) Section 9.43.030(B)(7), for corner parcels, the parcel line separating the narrowest street frontage of the parcel from the street may be modified as the side parcel line. SMMC Section 9.04.110 Determining Parcel Frontage serves to implement the goals and policies of the General Plan related to general site development. The subject site consists of multiple parcels proposed to be developed as a single parcel. The front of the parcel is considered Arizona Avenue instead of 20th Street and the property line abutting 19th Court is defined as an interior side parcel line instead of a rear parcel line. Although the HMU district requires 15 feet of setback for either an interior side or rear parcel line when adjacent to a residential district, where a rear parcel line abuts an alley, the rear setback shall be measured from the center line of the alley, which is a common measurement procedure established for all zoning districts. For side parcel lines abutting an alley, the Code does not specify this similar methodology when determining a side setback as it does for a rear setback.

In efforts to retain and preserve the existing GKGM property in its current setting, the proposed modification allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings proposed on mid-block parcels.

Accordingly, the project is consistent with the intent of building transition requirements between commercial and residential districts as established in the Zoning Ordinance.

B. The project as modified meets the intent and purpose of the applicable zone districts. In efforts to retain and preserve the existing GKGM property in its current setting, the proposed modification allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. The modification would allow the proposed Wellness Center to be setback 15 feet from the centerline of 19th Court (20’ wide), and 5 feet from the rear property line, resulting in 25 feet of separation between the new building and the nearest residentially zoned property across the alley. The project would remain compliant with daylight plane requirements, which also establishes the daylight plane envelope from the centerline of 19th Court. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings proposed on mid-block parcels. Accordingly, the project is consistent with the intent of building transition requirements between commercial and residential districts as established in the Zoning Ordinance.

C. The approval of the requested modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or result in a change in land use or density that would be inconsistent with the requirements of

6.A.b
Packet Pg. 653 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at this Ordinance. The subject property contains an existing Tudor-style commercial building that is partially occupied by a restaurant that will be retained and remain unaltered. The proposed project consists of the rehabilitation and adaptive reuse of the remaining unoccupied portion of the commercial building and new construction of a medical-related facility including research and development and medical clinic uses, consistent with the allowable land use and density for the underlying HMU district.

D. The approval of the requested modification is justified by environmental features, site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees in that the proposed modification would result in a rear yard setback of 15 feet as measured from the centerline of 19th Court, thereby allowing flexibility in the placement of the proposed Wellness Center closer to the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. Additionally, the project will retain and rehabilitate the existing GKGM property in its current siting at the corner of 20th Street and Arizona Avenue.

Retention of the property and limiting new construction to the north side of the GKGM building is a site constraint on the location of the buildable area on the project site. The Code provision that defines Arizona Avenue as the front parcel line resulting in an interior side setback of 15 feet as measured from the alley side property line, concurrent with preserving the GKGM property, precludes the reasonable development of the Wellness Center allowed for Tier 1 project in the district.

E. The proposed design meets the Design Objectives of the Santa Monica Design Guidelines. The proposed design will be reviewed by the Architectural Review Board to ensure that it meets the Design Objectives of the Santa Monica Design Guidelines.

F. The proposed project will not significantly affect the properties in the immediate neighborhood as a result of approval or conditional approval of the major modification or be incompatible with the neighborhood character. Based on site constraints and the limited building envelope for the new Wellness Center as a result of preserving the existing GKGM property in its current low-scale setting, defining 20th Street as the front of the parcel and establishing the alley as the rear elevation allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. The modification would allow the proposed Wellness Center to be setback 15 feet from the centerline of 19th Court (20’ wide), and 5 feet from the rear property line, resulting in 25 feet of separation between the new building and the nearest residentially zoned property across the alley. The project would remain compliant with daylight plane requirements, which also establishes the daylight plane envelope from the centerline of 19th Court. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings

6.A.b
Packet Pg. 654 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at proposed on mid-block parcels. Furthermore, due to the retention of the GKGM property at the street corner that spans approximately 153 feet in length along 19th Court as measured from Arizona Avenue, the proposed Wellness Center will be limited in its overall building width, thereby reducing the amount of new construction along the rear alley elevation and will appear as a project developed on a mid-block parcel.

CONDITIONS OF APPROVAL
Project Specific Conditions

1. Any exterior alterations to the Tudor-style commercial building shall be performed in a manner consistent with the Secretary of the Interior’s Standards for Rehabilitation for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer (the “Standards”).

2. In its review of the overall project, the Architectural Review Board shall:
▪ Ensure that character-defining features of the historic GKGM structure as identified in the EIR’s Historic Resources Technical Report including but not limited to the prominent and highly visible location on the site, its Tudor Revival style and materials characterized by a steeply pitched hipped roof, decorative half-timbering in smooth stucco, decoratively textured smooth stucco, asymmetrical design and massing, original placement and design of multi-pane fenestration with wood sills, casings, surrounds and trim, stuccosheathed chimney, and irregular roof-lines including a crenelated parapet, shall remain generally unaltered; and
▪ Ensure that character-defining landscape features of the historic resource as identified in the EIR’s Historic Resources Technical Report including but not limited to the landscape lawn, concrete curbing, planter beds, fountain, and hardscape, shall remain generally unaltered.

3. Prior to the issuance of a building permit, deed restriction application shall be submitted, prepared and recorded with County of Los Angeles to combine and use the subject parcels as a single building site.

4. Should the City Council adopt reduced minimum parking requirements in the future that are applicable to this permit, the applicant may, at its sole discretion, choose to reduce on-site parking to comply with new parking minimums and/or use automated parking subject to review and approval by the City.

5. Physical connections between the new construction and the historic structure shall remain generally consistent with the approved plans.

6.A.b
Packet Pg. 655 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

6. The historic interpretive exhibit described in MM-CUL-2 shall be presented to the Landmarks Commission for a public discussion to allow the Commission and community stakeholders with knowledge of local history an opportunity to review and comment on the program.

Administrative

7. The approval of this permit shall expire if the rights granted are not exercised within two years from the permit’s effective date, which may be extended for an additional two years pursuant to Emergency Interim Zoning Ordinance 2688. Exercise of rights shall mean issuance of a building permit to commence construction.

8. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or Certificates of Occupancy shall be issued until such violation has been fully remedied.

9. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

10. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Review Permit.

Indemnity

11. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of this Development Review Permit concerning the Applicant's proposed project, or any Claims brought against the City due to the acts or omissions in any way connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur:

6.A.b
Packet Pg. 656 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at (1) The City bears its own attorney's fees and costs.
(2) The City defends the action in good faith.

Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.

In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder.

The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder.

Conformance with Approved Plans

12. This approval is for those plans dated October 2, 2020 (V.9), a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

13. Minor amendments to the overall building floor area shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning.

14. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.

Fees

15. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations,

6.A.b
Packet Pg. 657 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule.

16. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.67 of the Santa Monica Municipal Code, the Parks and Recreation Development Impact Fee Program.

17. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.30 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement.

18. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.65 of the Santa Monica Municipal Code, the Child Care Linkage Program.

19. No occupancy permit shall be issued for the project until the developer complies with the requirements of Chapter 9.66 of the Santa Monica Municipal Code, the Transportation Impact Fee Program.

20. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.68, the Affordable Housing Commercial Linkage Fee Program.

21. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.53, the Transportation Demand Management Fee.

Mitigation Monitoring Program

22. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building and Safety Division, the Department of Environmental and Public Works, the Fire Department, the Police Department, the Planning and Community Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions.

6.A.b
Packet Pg. 658 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

23. MM-AQ-1: To reduce the potential for criteria air pollutants, specifically particulate matter (PM), as a result of construction of the project, the applicant shall:
• Prior to the start of construction activities, the project applicant, or its designee, shall ensure that all 75 horsepower or greater diesel-powered equipment are powered with California Air Resources Board (CARB)- certified Tier 4 Interim engines, except where the project applicant establishes to the satisfaction of the City of Santa Monica (City) that Tier 4 Interim equipment is not available.
• In the case where the applicant is unable to secure a piece of equipment that meets the Tier 4 Interim requirement, the applicant may upgrade another piece of equipment to compensate, such as equipping CARBcertified Tier 3 engines with the most effective Verified Diesel Emission Control Strategies available for the engine type, such as Level 3 Diesel Particulate Filters (Tier 4 engines automatically meet this requirement) or upgrading Tier 4 interim to Tier 4 Final.

24. MM-TRA-1: The applicant shall prepare, implement, and maintain a Construction Impact Mitigation Plan for review and approval prior to issuance of a building permit to address and manage traffic during construction and shall be designed to:
• Prevent traffic impacts on the surrounding street network • Ensure safety for both those constructing the proposed project and the surrounding community.
• Prevent substantial truck traffic through residential neighborhoods • Provide coordination with adjacent or nearby construction projects The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development, and Police to ensure that the Plan has been designed in accordance with this mitigation measure and meets City standards. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following:
• Ongoing Requirements throughout the Duration of Construction • A detailed Construction Impact Mitigation Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, and parking lanes. The plan shall include specific information regarding the project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Strategic and Transportation Planning Division prior to commencement of construction and implemented in accordance with this approval.

6.A.b
Packet Pg. 659 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at • Work within the public right-of-way shall be performed between 9:00 A.M and 4:00 P.M. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit.
• Streets and equipment shall be cleaned in accordance with established Public Works Department requirements.
• Trucks shall only travel on a City-approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be onsite, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.
• Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica.

Project Coordination Elements that shall be implemented prior to Commencement of construction:
• The Applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan).
• The Applicant shall provide timely notification of construction schedules to all affected agencies (e.g., MTA, Big Blue Bus, Police Department, Fire Department, Public Works Department, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • The Applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal.

25. MM-CUL-1: Archival Recordation Documentation. Prior to any alteration of the GKGM Building or removal of its character-defining features or other building components for the implementation of the proposed project, a recordation document similar in format and content to an Historic American Buildings Survey (HABS) Level II recordation document shall be prepared by the Applicant. The work shall be completed by a qualified historic preservation professional with at least five (5) years of relevant experience who meets the requirements of the U.S.

Secretary of the Interior’s Professional Qualifications for history, architectural history, and/or historic architecture (pursuant to 36 CFR 61). The HABS- like

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Packet Pg. 660 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at document shall record the history of the property and its contextual relationship to the overall history of the community. Its physical condition, both historic and current, should also be described in the document through the use of site plans; original as-built drawings, as available; historical and current graphics and photographs; and written data and text. Field photos and notes may also be included as supporting exhibit material. All document components should be completed in accordance with the Secretary of the Interior’s Standards and Guidelines for Architectural and Engineering Documentation (HABS standards).

This recordation document shall include at a minimum:
• A written historic and descriptive report completed in narrative format. The report shall be stored onto an electronic medium (such as a USB drive) for safekeeping.
• A sketch floor plan for each section of the GKGM Building, including floor levels shall accompany the recordation document. A sketch plan of the entire site of the property is also required. Such illustrations shall be stored onto a labeled CD for safekeeping.
• High-resolution digital photographs in accordance with Historic American Buildings Survey (HABS) guidelines and standards shall be included in the report. Views shall include contextual views, all exterior elevations, details views of significant exterior architectural features of the property (site, grounds, Administration, Chapel), and interior views of significant historical architectural features or spaces (Chapel only). Such photographs shall be logged, tagged, and collected onto a media storage device for safe archiving and copies provided to those repositories receiving the HABS finished document. A site plan coordinated with the photo log should also be included. Such photographs shall be stored onto an electronic medium (such as a USB drive) for safekeeping.
• Available historic photographs and, as available, historic and/or current asbuilt plans or other historic illustrations of the GKGM Building shall be reproduced digitally or photographically and included in the recordation document. Such digital material shall also be stored onto an electronic medium (such as USB drive) for safekeeping.

The HABS documentation shall be submitted to the City (Planning &Community Development, City Planning Division). In addition, one original photographic copy of the documentation reproduced on archival paper as specified above shall be assembled and offered to each of the following entities:
• One set shall be offered to and, if accepted, deposited in the archives of the Santa Monica Conservancy.
• One set shall be offered to and, if accepted, deposited in the archives of the Santa Monica History Museum.
• One set shall be offered to and, if accepted, deposited in the archives of the City of Santa Monica Public Library (Main Branch, local history collection).

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26. MM-CUL-2: Preservation Protection Plan. Prior to the submittal of project plans for plan check review by the City, the Project Applicant shall prepare a “Preservation-Protection Plan” to ensure that implementation of the site improvements would be conducted in conformance with applicable SOI Standards.

At a minimum, a Preservation-Protection Plan shall be prepared for the entire historic GKGM site, including the administration wing, Little Chapel of the Dawn wing, and all associated landscape-hardscape features on the property. Such a document shall include the following, at a minimum, and shall be submitted to the City for review and approval upon draft completion and final completion. • Architectural recordation of existing conditions, features, spaces, and materials prior to the commencement of proposed project construction related activities, including demolition, excavation, grading, and development.
• Materials analysis, conservation, and treatment programs identified to assist in the compliant rehabilitation of the GKGM Building. • Preparation of a Historic Structures Report (HSR) for the GKGM Building (administration building [exterior]; chapel [interior and exterior]; site grounds, including landscape/hardscape features).
• SOI Standards compliant plan reviews, guidance and oversight, and demolition/construction monitoring by a qualified historic preservation consultant with a minimum of seven (7) years of relevant experience. • An interpretive program to convey the historical and architectural history and associations of the historic property.

As part of the Preservation Protection Plan, an HSR shall be prepared that would include the architectural recordation and assessment of the site, features, materials, finishes, spaces, forms, textures, etc. The HSR would provide documentary, graphic, and physical information about the property’s history, character-defining features, and its existing conditions The report shall also include appropriate methods for treatment of the existing exterior features, materials, finishes, spaces, landscape/hardscape elements, and circulation patterns of the overall GKGM Building, as well as the interior features, materials, finishes, spaces, and configuration of the chapel; a recommended scope of work as part of the rehabilitation of the historic property; and provided information and recommendations for further treatment and maintenance. The treatment program for the historic property would involve conditions investigations, testing, research, and the identification of necessary repairs by a team of qualified historic architects, architectural historians, and conservators. As necessary, a materials conservation assessment should also be included in the HSR. This report shall be prepared according to the National Park Service Preservation Brief 43: The Preparation and Use of Historic Structures Reports. A copy of this report shall be submitted to the City’s Planning Division for review and approval prior to the submittal of 25% completion plans (demolition, architectural, structural, landscape, etc.) to the City for design review and plan check. Final digital copies of this report shall also be

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Packet Pg. 662 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at donated to the Santa Monica Public Library, Santa Monica Conservancy, and Santa Monica History Museum, at a minimum.

The Preservation Protection Plan shall also stipulate that the Applicant retain a qualified historic preservation professional with at least seven (7) years of relevant experience who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, and/or Historic Architecture pursuant to 36 CFR 61. This preservation professional shall provide guidance and oversight for the preservation and rehabilitation of the historic GKGM property; review and comment on rehabilitation design plans (initial, 25%, 50%, 75% completion plans at a minimum) for compliance with the SOI Standards, review and comment on final construction plans (including demolition, structural, architectural, mechanical, electrical, and landscape plans) for compliance with the SOI Standards; and conduct periodic monitoring during demolition, excavation, grading and construction work for the purposes of protecting and preserving character-defining features and those qualities of the property that justify its local City of Santa Monica landmark eligibility. In addition, the preservation professional shall prepare the necessary written and illustrated documentation for the associated monitoring efforts in a series of construction monitoring reports/memos. A final sign-off of the project completion is also required by the consulting preservation professional in coordination with the project general contractor/design team and City prior to the issuance of a certificate of occupancy. Any plans prepared for the project and submitted to the City for review shall be also assessed for SOI Standards compliance by City staff.

In addition, the Preservation-Protection Plan shall address the applicable use of the California Historical Building Code and the relevant guidelines specific in the SOI Standards and NPS briefs, bulletins, references and guidelines, for any code compliant work associated with issues such as egress, fire safety, railing heights, door widths, accessibility, etc.

The Preservation-Protection Plan, including information drawn from the HSR, shall also guide the development of a publicly accessible interpretive program on the history and architecture of the GKGM property. The historic interpretive exhibit(s) should include or interpret information specific to the history and architecture of the site, the important individuals associated with the former Gates, Kingsley & Gates Mortuary, and its historical association with the mortuary history of the community.

This creative/educational component shall be developed with the assistance of a qualified architectural historian or historic preservation professional with at least five (5) years of relevant experience who satisfies the applicable Secretary of the Interior’s Professional Qualifications Standards pursuant to 36 CFR 61. The historic interpretive program (exhibits) may be located within the publicly accessible interior spaces of the historic property and/or as an outdoor interpretive program within the GKGM property grounds. The program/exhibit(s) will not be housed in (or on) the adjacent new construction improvement appended to the north side of the administration wing.

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27. MM-CUL-3: Unknown Archaeological Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the proposed project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under CEQA (14 CCR 15064.5(f); California PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work—such as preparation of an archaeological treatment plan, testing, or data recovery—may be warranted.

28. MM-GEO-1: Prior to the commencement of any grading activity, the applicant shall retain a qualified paleontologist to ensure the implementation of a paleontological monitoring program. The Society of Vertebrate Paleontology (SVP 2010) defines a qualified paleontologist as having:

1. A graduate degree in paleontology or geology, and/or a publication record in peer reviewed journals; and demonstrated competence in field techniques, preparation, identification, curation, and reporting in the state or geologic province in which the project occurs. An advanced degree is less important than demonstrated competence and regional experience.

2. At least two full years professional experience as assistant to a Project Paleontologist with administration and project management experience; supported by a list of projects and referral contacts.

3. Proficiency in recognizing fossils in the field and determining significance.

4. Expertise in local geology, stratigraphy, and biostratigraphy.

5. Experience collecting vertebrate fossils in the field.

The qualified paleontologist shall attend any preconstruction meetings and manage the paleontological monitor(s) if he or she is not doing the monitoring. A paleontological monitor should be onsite during all excavations below the depth of previously disturbed sediments. The SVP (2010) defines a qualified paleontological monitor as having:

1. Bachelor of Science or Bachelor of Arts degree in geology or paleontology and one year experience monitoring in the state or geologic province of the specific project. An associate degree and/or demonstrated experience showing ability to recognize fossils in a biostratigraphic context and recover vertebrate fossils in the field may be substituted for a degree. An undergraduate degree in geology or paleontology is preferable, but is less important than documented experience performing paleontological monitoring, or

2. Associate in Applied Science or Associate in Arts degree in geology, paleontology, or biology and demonstrated two years’ experience collecting

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Packet Pg. 664 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at and salvaging fossil materials in the state or geologic province of the specific project, or

3. Enrollment in upper division classes pursuing a degree in the fields of geology or paleontology and two years of monitoring experience in the state or geologic province of the specific project.

4. Monitors must demonstrate proficiency in recognizing various types of fossils, in collection methods, and in other paleontological field techniques.

The paleontological monitor shall monitor construction excavations below a depth of five feet below ground surface and be equipped with necessary tools for the collection of fossils and associated geological and paleontological data. The monitor shall complete daily logs detailing the day’s excavation activities and pertinent geological and paleontological data. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50- foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find.

Following the paleontological monitoring program for discovered resources, a final monitoring report shall be submitted to the City for approval. The report should summarize the monitoring program and include geological observations and any paleontological resources recovered during paleontological monitoring for the proposed project.

29. MM-HAZ-1: Asbestos Containing Materials (ACM). Pursuant to South Coast Air Quality Management District (SCAQMD) requirements, testing for the presence of ACM shall be conducted in the portions of the former Gates, Kingsley, & Gates Funeral Home Building to be demolished or rehabilitated prior to demolition or rehabilitation. Any ACM found in this building and the existing on-site 7-unit building and 3-unit building shall be removed by a licensed and certified asbestos abatement contractor prior to demolition of these buildings pursuant to SCAQMD Rule 1403 and California Division of Occupational Safety and Health (CalOSHA) Asbestos Regulations.

30. MM-HAZ-2: Lead Containing Materials (LCM). Testing for the presence of LCM shall be conducted prior to demolition or rehabilitation of structures. Any LCM found shall be removed by lead-certified personnel following the California Division of Occupational Safety and Health (CalOSHA) lead standards contained in CCR Title 8, Section 1532.1 and lead- safe work practices prior to demolition of these buildings. An environmental contractor with California Department of Public Health certified workers shall be retained to carry out the work in compliance with the regulations that govern LCM.

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Packet Pg. 665 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

31. MM-HAZ-3: Potential Underground Storage Tank. Prior to construction, the applicant will conduct a Ground Penetrating Radar survey to determine the presence or absence of an underground storage tank on the project site, associated with the former automobile service bay. In the event that an underground storage tank is discovered, the removal of the underground storage tank shall be permitted and completed in accordance with the Santa Monica Fire Department requirements and any other agencies with oversight (e.g., Department of Toxic Substances Control).

32. MM-HAZ-4: Subsurface Investigation. Prior to construction, the applicant will conduct a vapor, soil vapor, and groundwater investigation at the project site.

Sampling shall be conducted in accordance with guidance documents from the California Department of Toxic Substances Control.

33. MM-HAZ-5: Soils Management Plan (SMP). Should the investigation required under MM-HAZ-4 above reveal chemicals of concern above applicable California Human Health Screening Levels, the project applicant shall retain a qualified environmental consultant to prepare a SMP, which will be submitted to the California Department of Toxic Substances Control (DTSC), the Los Angeles Regional Water Quality Control Board (RWQCB), and/or City of Santa Monica Fire Department for review and approval prior to the commencement of excavation and grading activities. The recommendations of the applicable oversight agency shall be incorporated in the SMP. A qualified environmental consultant shall be present on the project site during grading and excavation activities in the known or suspected locations of contaminated soils or the UST, and shall be on call at other times as necessary, to monitor compliance with the SMP and to actively monitor the soils and excavations for evidence of contamination. The SMP shall be implemented during excavation and grading activities on the project site to ensure that any contaminated soils are properly identified, excavated, and disposed of offsite, as follows:
• Soil Testing/Segregation: The SMP shall be prepared and executed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil. The SMP shall require the timely testing and sampling of soils so that contaminated soils can be separated from inert soils for proper disposal.

The SMP shall specify the testing parameters and sampling frequency.

During excavation, Rule 1166 requires that soils identified as contaminated shall be sprayed with water or another approved vapor suppressant, or covered with sheeting during periods of inactivity of greater than an hour, to prevent contaminated soils from becoming airborne. Under Rule 1166, contaminated soils shall be transported from the project site by a licensed transporter and disposed of at a licensed storage/treatment facility to prevent contaminated soils from becoming airborne or otherwise released into the environment.

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Packet Pg. 666 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at • Stockpile Management: During the project's excavation phase, the applicant shall remove and properly dispose of contaminated materials in accordance with the provisions of the SMP. If soil is stockpiled prior to disposal, it will be managed in
accordance with the project's Storm Water Pollution Prevention Plan, prior to its transfer for treatment and/or disposal. All impacted soils would be properly treated and disposed of in accordance with SCAQMD Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil, as well as applicable requirements of DTSC and LARWQCB.

34. MM-HAZ-6: Health and Safety Plan (HASP). Should the assessment required under MM-HAZ-4 reveal chemicals of concern above applicable California Human Health Screening Levels, the applicant shall commission a HASP to be prepared in compliance with Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 Code of Federal Regulations 1910.120) and California Division of Occupational Safety and Health (CalOSHA) requirements (CCR Title 8, General Industry Safety Orders and California Labor Code, Division 5, Part 1, Sections 6300-6719) and submitted for review by the City of Santa Monica Fire Department. The HASP would address, as appropriate, safety requirements that would serve to avoid significant impacts or risks to workers or the public in the event that elevated levels of subsurface gases are encountered during grading and excavation. Site workers shall be familiar with the health and safety plan and soil management plan and shall be trained on how to identify suspected contaminated soil. The HASP shall include, at a minimum, the following:
• Procedures for restricting access to the contaminated area except for properly trained personnel
• Procedures for notification and reporting, including internal management and local agencies (e.g., Santa Monica Fire Department, County of Los Angeles Fire Department), as needed
• Health and safety measures for removal and excavation of contaminated soil
• Regulatory considerations
• Worker health and safety plan for management of contaminated materials.

35. MM-NOI-1: The applicant and its contractor(s) shall adhere to the following measures for all phases of the proposed project as a condition of approving the grading permit:

1. The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of highnoise-level-emitting equipment.

2. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by City personnel during construction activities.

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Packet Pg. 667 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

3. A temporary construction noise barrier shall be erected at the southeasterly project boundary between the adjacent residences and the project site. The construction noise barrier shall be a minimum of 10 feet in height, have a surface density of at least 4 pounds per square foot, and be free of gaps or openings.

4. Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible.

5. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors.

6. As specified in Section 4.12.120 of the City’s Municipal Code, signage shall be posted at the project site entrance with permitted construction work hours, telephone numbers where violations can be reported, the location of the job site, and the permit number issued authorizing the work.

36. MM-NOI-2: The applicant and its contractor(s) shall implement the following vibration-reduction measures:

1. In order to protect the character defining features of the on-site Tudor Revival building, the following mitigation measure shall be implemented at the project site: To avoid or minimize potential construction vibration damage, a pre-construction condition survey report and post-construction damage assessment survey report shall be prepared by a qualified independent structural engineer with qualifications in completed historic preservation projects that conformed to the U.S. Secretary of the Interior (SOI) Standards. These reports shall be submitted to the City for review and approval prior to initiating any type of construction work activity on site (preconstruction vibration survey report) and upon completion of such work (post-construction damage assessment survey report). Specifically, the structural engineer shall investigate the existing condition of the foundation and the structure along the north elevation (i.e., the side facing the proposed project construction). Any required test excavations shall be performed only in the presence of the structural engineer. If protective barriers, underpinning and/or shoring is determined to be necessary, appropriate designs shall be prepared. The structural engineer shall prepare a report of findings, recommendations and any related design modifications necessary to retain the structural integrity of the Tudor Revival building.

2. The qualified structural engineer shall perform the following vibration mitigation: Prior to commencement of construction activities, measure and document the existing ground vibration environment in the vicinity of the Tudor Revival style building, to establish baseline vibration conditions. The vibration measurements shall be performed during hours of the day consistent with the project’s construction hours. At each site, ground vibration levels shall be measured in the vertical direction for a period of a

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Packet Pg. 668 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at minimum of 15 minutes. The vibration measurement equipment shall be capable of recording vibration velocity levels in PPV (Peak Particle Velocity) and RMS (Root-Mean-Square) values in the unit of inch/ second, over the frequency range of 1 Hz to 100 Hz. Measured vibration data shall be submitted to the City and shall include; description of measurement location, measurement time and recorded values (maximum, minimum and mean levels during the measurement period). After establishing the baseline vibration conditions of the project site, develop and implement a vibration monitoring program capable of documenting the constructionrelated groundbourne vibration levels in the vicinity of the Tudor Revival style building.

3. During construction, the contractor shall install and maintain at least two continuously operational automated vibrational monitors on the Tudor Revival style building. The monitors must be capable of being programmed with two predetermined vibratory velocities levels: a first-level alarm equivalent to a 0.15 inches per second at the face of the building and a regulatory alarm level equivalent to 0.2 inches per second at the face of the building . The monitoring system must produce real-time specific alarms (via text message and/or email to on-site personnel) when velocities exceed either of the predetermined levels. In the event of a first-level alarm, feasible steps to reduce vibratory levels shall be undertaken, including but not limited to halting/staggering concurrent activities and utilizing lowervibratory techniques. In the event of an exceedance of the regulatory level, work in the vicinity shall be halted and the building visually inspected for damage. Results of the inspection must be logged. If in the opinion of the structural engineer, in consultation with the historic preservation architect, substantial adverse impacts to historic resources related to construction activities are found during construction, the monitoring team shall so inform the project sponsor or sponsor’s designated representative responsible for construction activities.

4. The project applicant shall adhere to the monitoring team’s recommendations for corrective measures, including halting construction in situations where construction activities would imminently endanger historic resources. The historic preservation officer shall establish the frequency of monitoring and reporting. The project applicant shall respond to any claims of damage by inspecting the affected property promptly, but in no case more than five working days after the claim was filed and received by the project sponsor’s designated representative. Any new cracks or other changes in the former funeral home and chapel shall be compared to pre- construction conditions and a determination made as to whether the proposed project could have caused such damage. In the event that the proposed project is demonstrated to have caused any damage, such damage shall be repaired to the pre-existing condition. Site visit reports and documents associated with claims processing shall be provided to the City of Santa Monica’s Historic Preservation Officer.

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Packet Pg. 669 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

37. MM-TCR-1: While no tribal cultural resources have been identified that may be affected by the project, the following approach for the unanticipated discovery of tribal cultural resources has been prepared to reduce potential impacts to unanticipated resources. Should a potential tribal cultural resource be unanticipatedly encountered, construction activities near the potential tribal cultural resource shall be temporarily halted within 50 feet of the potential tribal cultural resource and the City notified. The City will notify Native American tribes that have been identified by the Native American Heritage Commission (NAHC) to be traditionally and culturally affiliated with the geographic area of the project. If the unanticipated resource is archaeological in nature, appropriate management requirements shall be implemented as outlined in mitigation measure MM-CUL-3 (see Section 4.4.7). If the County determines that the potential resource is a tribal cultural resource (as defined by Public Resources Code, Section 21074), tribes consulting under AB 52 would be provided a reasonable period of time, typically five days from the date a new discovery is made, to conduct a site visit and make recommendations regarding future ground disturbance activities as well as the treatment and disposition of any discovered tribal cultural resources. A qualified archaeologist shall implement a plan for the treatment and disposition of any discovered tribal cultural resources based on the nature of the resource and considering the recommendations of the tribe(s). All activities shall be conducted in accordance with regulatory requirements. If human remains are found within the project site, remains would be handled pursuant to applicable regulatory requirements.

38. MM-UT-1: Prior to the issuance of the building permit, the applicant will be required to submit a water study and a sewer study to the City of Santa Monica Public Works Department that demonstrate the City’s water and sewer system can accommodate the proposed project’s water demand and wastewater flows based on current flows. The applicant will be responsible for upgrading any downstream deficiencies, to the satisfaction of the Public Works Department, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans will be submitted to and approved by the City’s Engineering Division.

Cultural Resources

39. The City shall not approve the demolition of any building or structure unless the applicant has complied with all of the requirements of SMMC Chapter 9.25, including no demolition of buildings or structures built 40 years of age or older shall be permitted until the end of a 75-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made on the application by the Landmarks Commission, or City Council on appeal.

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40. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.

Rent Control

41. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental units from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental units pursuant to the provisions of the Ellis Act.

Project Operations

42. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

43. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash containers shall be secured with locks.

Final Design

44. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.

45. Landscaping plans shall comply with Subchapter 9.26.040 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.

46. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.21.100, 9.21.130 and 9.21.140. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved

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Packet Pg. 671 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.

47. No gas or electric meters shall be located within any required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters.

48. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.

49. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.

Construction Plan Requirements

50. During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, including but not limited to the following:
• All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day. • All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust.
• All material transported on and off-site shall be securely covered to prevent excessive amounts of dust.
• Soils stockpiles shall be covered.
• Onsite vehicle speeds shall be limited to 15 mph.
• Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.
• An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation.
• Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).

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Packet Pg. 672 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at • All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust.

51. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors.

Demolition Requirements

52. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.

53. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.

Construction Period

54. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

55. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions.

Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

56. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction.

57. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and

6.A.b
Packet Pg. 673 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

58. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

Standard Conditions

59. Lofts or mezzanines shall not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained.

60. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.

61. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

62. Construction period signage shall be subject to the approval of the Architectural Review Board.

63. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

MOBILITY DIVISION

64. Developer shall comply with SMMC Chapter 9.53, Transportation Demand Management, including payment of the Developer Annual TDM Fee pursuant to Section 9.53.110.

65. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Mobility Division.

66. Where a driveway, garage, parking space or loading zone intersects with the public right-of-way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.21.180.

67. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Mobility Manager but shall not exceed a twenty percent slope.

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Packet Pg. 674 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at

68. Bicycle parking provided in the Project shall meet the requirements of SMMC Section 9.28.140.

PUBLIC LANDSCAPE

69. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division.

70. Prior to the issuance of a demolition permit any street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed.

71. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist.

OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT

72. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison.

If Developer elects to enroll in the program, enrollment shall occur prior to submittal of plans for Architectural Review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit.

73. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code.

PUBLIC WORKS DEPARTMENT (PWD)
General Conditions

74. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit:
a. Water Services
b. Wastewater Capital Facility
c. Water Demand Mitigation

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Packet Pg. 675 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at d. Fire Service Connection
e. Tieback Encroachment
f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two.

Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project.

In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan.

75. Any construction related work or use of the public right-of-way will be required to obtain the approval of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.

76. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit.

77. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

78. Until completion of construction, a sign shall be posted on the property in a manner consistent with the public hearing sign requirements, which shall identify the address and phone number of the owner, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

79. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a

6.A.b
Packet Pg. 676 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.

Water Resources

80. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works.

81. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site.

82. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111.

83. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City’s sewer system can accommodate the entire development. If the study does not show to the satisfaction of the City that the City’s sewer system can accommodate the entire development, prior to issuance of the first building permit, the Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.

84. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City’s water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.

85. Prior to the issuance of the first building permit, the applicant shall submit a hydrology study of all drainage to and from the site to demonstrate adequacy of the existing storm drain system for the entire development. Developer shall be responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if calculations show that the project will cause such facilities to receive

6.A.b
Packet Pg. 677 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at greater demand than can be accommodated. All reports and improvement plans shall be submitted to Engineering Division for review and approval. The study shall be performed by a Registered Civil Engineer licensed in the State of California.

86. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters.

87. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.

88. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing.

89. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at:
http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed.

90. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads.

Urban Water Runoff Mitigation

91. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter

7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as:
a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties;
e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site.

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Packet Pg. 678 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD.

92. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235.

Public Streets & Rights-of-Way

93. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division.

94. All off site improvements required by the Public Works Department shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil engineer and approved by the City Engineer.

95. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

96. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping, etc.

97. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property.

Utilities

98. No Excavation Permit shall be issued without a Telecommunications Investigation by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into the project design including, but not limited to measures associated with joint trench opportunities, location of tie-back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and

6.A.b
Packet Pg. 679 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer shall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, telecommunication conduit routes and fiber optic cables from building Telecommunications Room to Telecommunications Vaults in street, alley and/or sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of conduit and fiber optic cable for a maximum of 1km terminating in a new Telecommunications Vault for future interconnection with City network. The final telecommunications design plans for the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department prior to approval of project. a. Project shall comply with any City of Santa Monica issued Telecommunications Guidelines.
b. Project shall comply with City of Santa Monica Right-of-Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04

99. Prior to the issuance of a Certificate of Occupancy for the Project, provide new street-pedestrian lighting with a multiple circuit system along the new street rightof-way and within the development site in compliance with the PWD Standards and requirements. New street-pedestrian light poles, fixtures and appurtenances to meet City standards and requirements.
100. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground.
101. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way.

Resource Recovery and Recycling
102. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.21.130 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection.
103. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure.

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Packet Pg. 680 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at 104. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi-family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include:
• List of materials such as white paper, computer paper, metal cans, and glass to be recycled;
• Location of recycling bins;
• Designated recycling coordinator;
• Nature and extent of internal and external pick-up service; • Pick-up schedule; and
• Plan to inform tenants/ occupants of service.
105. For temporary excavation and shoring that includes tiebacks into the public rightof-way, a Tieback Agreement, prepared by the City Attorney, will be required. 106. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, Fire Code, or any other provision of the SMMC.

Construction Management Plan
105. A construction period mitigation plan shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit:. Public Works, Fire, Planning and Community Development, and Police. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall:
a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;
b. Describe how demolition of any existing structures is to be accomplished;
c. Indicate where any cranes are to be located for
erection/construction;
d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;

6.A.b
Packet Pg. 681 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons;
g. Specify the nature and extent of any dewatering and its effect on any adjacent buildings;
h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;
i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed;
k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel;
m. Provide a grading and drainage plan;
n. Provide a construction-period parking plan which shall minimize use of public streets for parking;
o. List a designated on-site construction manager;
p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste;
q. Provide a plan regarding use of recycled and low-environmentalimpact materials in building construction; and r. Provide a construction period water runoff control plan.

FIRE
106. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit.

VOTE: APPEAL 21ENT-0254
Ayes:

Nays:

Abstain:

Absent:

VOTE: FINAL ENVIRONMENTAL IMPACT REPORT 17ENT-0011

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Packet Pg. 682 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at Ayes:

Nays:

Abstain:

Absent:

VOTE: DEVELOPMENT REVIEW PERMIT 16ENT-0048

Ayes:

Nays:

Abstain:

Absent:

VOTE: MAJOR MODIFICATION 18ENT-0382

Ayes:

Nays:

Abstain:

Absent:

NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section

1.16.010.

I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Sue Himmelrich, Mayor Date
Acknowledgement by Permit Holder

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Packet Pg. 683 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

Print Name and Title Date
Applicant’s Signature

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Packet Pg. 684 Attachment: Draft Statement of Official Action (Council) [Revision 1] (4956 : Appeal of Planning Commission Approval of Wellness Center at Via Email
February 2, 2022
Mayor Sue Himmelrich and
Honorable Members of the City
Council
City of Santa Monica
1685 Main Street, Room 209
Santa Monica, CA 90401
[email protected]
Steve Mizokami
Principal Planner
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
[email protected]
Re: Appeal of Planning Commission Approval of Final Environmental Impact Report, 1242 20th Street Wellness Center (SCH 2018011001) March 8th, 2022 City Council Meeting
Dear Mayor Himmelrich and Honorable Members of the City Council:

I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”), regarding the Final Environmental Impact Report (“FEIR”) prepared for the Project known as 1242 20th Street Wellness Center (SCH #2018011001), including all actions referring or related to the development of approximately 73,555 square feet (sf) of medical research and development and clinical/medical office space with five levels of subterranean parking located at 1925 Arizona Avenue and 1242 20th Street, on APNs 4276-013-033 and 4276-013-032 in the City of Santa Monica (“Project”).

The City has prepared a Final Environmental Impact Report (“FEIR”) for the Project and the Planning Commission approved it on November 3, 2021. Along with the report for the Planning Commission meeting, the City prepared a Response to Comments (“RTC”) which purported to address the issues raised in our November 3 comment letter. We timely filed an appeal to the Commission’s decision, and we are sending this rebuttal letter for the City Council’s consideration. We request that the City reject the Planning Commission’s approval of the FEIR and issue a Revised EIR because the project has significant environmental impacts that have not been fully addressed or mitigated.

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Packet Pg. 685 Attachment: Appellant Statement and Materials (Letters Dated 02-02-22 & 11-03-21) (4956 : Appeal of Planning Commission Approval of February 2, 2022
Appeal of Approval of Final Environmental Impact Report 1242 20th Street Wellness Center (SCH 2018011001)

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Santa Monica City CouncilMarch 8, 2022

Santa Monica City Council
March 8, 2022