Santa Monica City Council
April 26, 2022

EXHIBIT “P”

PHASE II DEVELOPMENT SITES
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Packet Pg. 2190 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “P”
Phase II Development Sites

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Packet Pg. 2191 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “Q”

EXHIBIT “Q”

PHASE II MASTER PLAN STANDARDS
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Packet Pg. 2192 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) EXHIBIT “Q”

PHASE II MASTER PLAN DEVELOPMENT STANDARDS

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Packet Pg. 2193 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III.

DEVELOPMENT

STANDARDS

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Packet Pg. 2194 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
26 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
A. PLAN OVERVIEW
This Chapter establishes the development standards that guide development throughout the implementation of this Master Plan. These regulations are consistent with the vision, program goals and urban planning principles discussed in Chapter II, Vision, Goals, and Principles. An overview of the Phase II buildings, circulation, and significant open space improvements are shown on Figure III-1 and further described in Table III-1. As depicted on Figure III-1, Phase II Sites with Conceptual Buildings, proposed development on the north campus is identified with a “2” by approximate site location, proposed development on the south campus is identified with a “S.” Implementation of this Phase II Master Plan contemplates demolition or removal of the existing buildings and surface parking lots summarized on Table I-1, Existing Conditions - Phase II Development Sites, in accordance with the DA.

West Ambulatory & Acute Care Building
East Ambulatory & Acute Care Building
20th Street Medical Building
Child and Family Development Center
Multifamily Housing
West Ambulatory Care & Research Building
Education & Conference Center and East Ambulatory
Care & Research Building
S5 Visitor Accommodations
2C
2I
S1
S2
S3
S4
2D/E
FIGURE III-1: PHASE II SITES WITH CONCEPTUAL BUILDINGS
2C
2D/E
2I
S1
S2
S3
S4
S5
Mulin Plaza
NOTE:

Figure depicts conceptual ground-level building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design is subject to change

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Packet Pg. 2195 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) 2022 27
III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
B. PERMITTED USES
A variety of medical and non-medical uses are permitted for Phase II Development Sites. The following descriptions define the permitted uses identified by Development Site in Table III1, Phase II Vested Uses and Development Rights by Site. For any use not identified in Table III-1 or described below and in cases of uncertainty the Community Development Director has the authority to determine whether an undefined use shall be permitted.

B.1 Accessory Uses
Accessory uses shall consist of those accessory uses
determined by the applicable City decision maker (Community Development Director (or his/her designee) or Planning
Commission (or City Council on appeal)) to be incidental and subordinate to the primary Permitted Uses authorized in this Section III-B. In the event the applicable City decision maker approves an accessory use for a Phase II Development Site, the Floor Area for such accessory use shall be deducted from the Floor Area associated with the related primary Permitted Use for that Phase II Development Site.

B.2 Child & Family Development Center
The Child & Family Development Center use shall include mental health, educational and outreach facilities and services to children and families. Saint John’s anticipates that such services may include crisis intervention programs, specialized programs for children with developmental disabilities, outpatient mental health programs, educational therapy, therapeutic preschool and tutoring services and youth development projects. The Child & Family Development Center may also include clinical space, ancillary meeting rooms and administrative offices for health care professionals and employees working at the Child & Family Development Center.

B.3 Childcare/ Day Care
Childcare uses shall consist of day care, childcare or preschool nursery services.

B.4 Education & Conference Center
The Education & Conference Center shall consist of one or more facilities in which the following uses are permitted: (i) meetings, conferences, seminars, workshops and education and training sessions for health care professionals, (ii) lectures, seminars, meetings and programs for the general community on health care-related issues, (iii) advanced telecommunication technologies to provide communication linkages between
the campus property and other health care facilities and educational institutions, (iv) broadcast facilities designed to disseminate medical and health care information to health care professionals and the general public, (v) meetings of non-profit community-based organizations and (vi) meetings of groups and organizations related to Saint John’s, such as the Board of Trustees of the Saint John’s Health Center Foundation, the Irene Dunne Guild, and employees of Saint John’s and affiliated entities. The Center shall not be utilized for trade and consumer shows or exhibitions, or for industry or business meetings, that are unrelated to health care. The Education & Conference Center may include classrooms, auditoriums, meeting rooms, reference libraries for print and multimedia, broadcast facilities and administrative offices for health care professionals and employees working at the Education & Conference Center, provided that the broadcast facilities in the facility do not exceed an aggregate of 5,000 square feet. The Education & Conference Center shall be operated throughout the term of the DA on an integrated and coordinated basis with other health care services provided on the campus property.

B.5 Health & Wellness Center
A Health & Wellness Center shall be a facility that focuses on lifestyle management for individuals through the prevention of illness and promotion of wellness. Integral elements of the facility are programs and facilities for exercise, nutrition, physical therapy and rehabilitation, cardiac rehabilitation and related prevention-oriented and rehabilitative services. Ancillary uses within a Health & Wellness Center that are available to persons using the facility may include a snack and juice bar, a retail shop featuring exercise apparel and related items and comparable uses. The facility may also include administrative offices for health care professionals and employees working at the Health & Wellness Center.

B.6 Health-Related Services
Health Related uses shall include those uses identified in Appendix A and other uses that are determined by the Community Development Director to be similar to the uses so identified (“Similar Uses”) and no other uses. Similar Uses may include new health-related services and retail uses based upon advancements in health care.

B.7 Hospital/Health Care Uses
Hospital/Health Care Uses include without limitation, those specific uses listed in Appendix B.

B.8 Internal Pedestrian Connections
Internal pedestrian connections are above and/or below grade connections that may be located (a) above-grade between buildings located on Site S3 and S4 (in addition to the belowgrade subterranean parking that is connected throughout the south campus), (b) above and/or below-grade between Site 2C and Phase I buildings and (c) above and/or below-grade between Site 2D/E and Phase I buildings. These connections are discussed in Section E, Mobility Plan and are shown on Figure III-12. Nothing herein shall be deemed as a vested right to any real property interest over or under the City’s Santa Monica Boulevard public right-of way without a separate grant of approval by the City, which may be granted in the City’s sole and absolute discretion in the form of an easement agreement or equivalent grant of property interest over or under a public right-of-way.

B.9 Medical Office
Medical Office uses shall consist of offices developed and utilized for “medical use” as defined in the 2022 SMMC.

B.10 Medical Research Facilities
Medical Research Facilities shall consist of medical
laboratory and research facilities. Such facilities may include, without limitation, the research activities of the John Wayne Cancer Institute, the Saint John’s Heart Institute and other comparable medical laboratory and research endeavors. The Medical Research Facilities may also include clinic space and administrative and medical offices for health care professionals and employees working at the Medical Research Facilities.

B.11 Multifamily Housing
Multifamily housing shall consist of rental housing
units, including units that satisfy the City’s inclusionary housing requirements.

B.12 Neighborhood Commercial
Neighborhood Commercial uses shall consist of commercial uses that are permitted uses in the Neighborhood Commercial Zoning District as of the Phase II Master Plan’s effective date.

Other uses may be permitted that are similar to, consistent with, and not more disruptive than permitted uses in the Neighborhood Commercial District, as determined by the
Community Development Director.

B.13 Parking
Parking may be located in and on Phase II Development Sites, provided that no above-grade parking (exclusive of entry/exit driveways) on the ground floor of any Phase II Building shall be located within seventy-five (75) feet of Santa Monica Boulevard or Broadway.

B.14 Restaurants
Restaurants shall consist of Restaurant, Full-Service or Restaurant, Limited-Service and Take-Out as defined in 2022 SMMC Section 9.51.030(B)(8)(b) and (c) respectively, with Outdoor Dining and Seating Area as defined in 2022 SMMC Section 9.51.030(B)(8)(e). No separate parking structure or separate surface parking area shall be provided for any Restaurant on the campus property. The sale of alcoholic beverages may be allowed in Restaurants on the campus
property, provided that: (i) the sale of alcoholic beverages is incidental to the sale of food and (ii) the required City permit(s) are obtained pursuant to 2022 SMMC Section 9.31.040.

B.15 Visitor Accommodations
Visitor Accommodations shall consist of overnight visitor accommodations provided for occupancy exclusively by (i) inpatients and outpatients of other facilities located on the campus property and their family members, (ii) visiting health care professionals to the campus property and (iii) participants in health care conferences and seminars located on the
campus property. Saint John’s shall not market the availability of units in the Visitor Accommodations to the general public

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Packet Pg. 2196 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
28 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
TABLE III-1: PHASE II VESTED USES AND DEVELOPMENT RIGHTS BY SITE Site/ Master Plan Building Name Vested Uses by Site1&3 Vested Building Floor Area2 Vested Height4 S1 Child & Family
Development Center
Child & Family Development Center 34,500 sf6 47 feet
Day Care
S2 Multifamily Housing Multifamily Housing Min. 10 units / 2.5 FAR5 36 feet Restaurant or Neighborhood Commercial Uses
S3 West Ambulatory Care &
Research Building
Hospital/Health Care 123,000 sf 89 feet
Medical Research Facilities
Health & Wellness Center
Health-Related Services/Restaurant or Neighborhood
Commercial Uses
S4 Education & Conference
Center and East Ambulatory
Care & Research Building
Education & Conference Center 199,000 sf (includes sf for overhead connection between S3 and S4)
105 feet
Hospital/Health Care
Health & Wellness Center
Medical Research Facilities
Health-Related Services/Restaurant or Neighborhood
Commercial Uses
S5 Visitor Accommodations Visitor Accommodations 2.5 FAR5 73 feet Multifamily Housing
Saint John’s Café Restaurant or Neighborhood Commercial Uses 900 sf 17 feet 2C West Ambulatory & Acute
Care Building
Hospital/Health Care 123,350 sf above-grade
(including 7,250 sf of pedestrian connections to Phase I 6,150 sf below-grade
(including 2,650 sf of pedestrian connections to Phase I) 95 feet
Medical Research Facilities
Health & Wellness Center
Internal Pedestrian Connections to Phase I
Health-Related Services/Restaurant or Neighborhood
Commercial Uses
2D/E East Ambulatory & Acute
Care Building
Hospital/Health Care 65,800 sf above-grade
(including 3,300 sf of pedestrian connections to Phase I) 16,400 sf below-grade
(including 400 sf of pedestrian connections to Phase I) 75 feet
Medical Research Facilities
Health & Wellness Center
Internal Pedestrian Connections to Phase I
Health-Related Services/Restaurant or Neighborhood
Commercial Uses
2I 20th Street Medical Building Medical Office 73,300 sf 60 feet Medical Research Facilities
Hospital/Health Care
Health & Wellness Center
Child & Family Development Center
Health-Related Services/Restaurant or Neighborhood
Commercial Uses
Above- Grade Parking and Vehicle Circulation
Mullin Plaza Café Restaurant or Neighborhood Commercial Uses 1,500 sf 17 feet NOTES:

1. The the vested floor area/units per use are subject to the overall maximum floor areas/ units per Vested Use in accordance with themThird Amendment to the DA as provided in Table III-2.

2. Floor area has the meaning as definded in 2022 SMMC § 9.04.080. For some buildings, the sum of the maximum floor areas for the Vested Uses that may occur within the building exceeds that overall building’s floor area in order to allow some flexibility for establishing the eventual location and the not-to-exceed amount of certain Vested Uses within the Phase II buildings.

3. In accordance with Section B, Permitted Uses, subterranean parking is a permitted use for all Phase II Development Sites and is not floor area per 2022 SMMC § 9.04.080.

4. Vested heights for the Phase II buildings are based upon the Average Natural Grade (ANG) calculations for each Phase II Development Site shown in Table III-3. The City and Providence Saint John’s agree that the ANG calculations in Table III-3 will serve as the basis for all height calculations for the Phase II Development Program and that the 2022 SMMC’s regulations pertaining to the calculation of ANG will not apply to the Phase II Development program to the extent that they differ from those in the tables above.

5. City to evaulate if further environmental review is required for multifamily housing above 10 units on Site S2 or any Campus Property per the DA.

6. 2.5 FAR for housing if Daycare is continued on North Campus, in lieu of Child and Family Development Center as a permitted use.

TABLE III-2: PHASE II VESTED USES
Use2&3 Square Feet/ Units
Hospital/Health Care 404,000 sq ft
Medical Office 50,000 sq ft
Medical Research Facilities 140,000 sq ft
Health & Wellness Center 90,000 sq ft
Education & Conference Center 70,000 sq ft
Child & Family Development Center 50,000 sq ft
Health Related Services 40,000 sq ft
Day Care 25,000 sq ft
Restaurants 10,000 sq ft
Neighborhood Commercial Uses 5,000 sq ft
Visitor Accommodations 38,000 sq ft / 34 units
Multifamily Housing Min. 10 units
TABLE III-3: AVERAGE NATURAL GRADE (ANG)
Site ANG4
S1 148.55 ft
S2 149.97 ft
S3 148.55 ft
S4 and Saint John’s Cafe 150.06 ft
S5 150.05 ft
2C 156.84 ft
2D/E and Mullin Plaza Cafe 154.76 ft
2I 155.05 ft

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
TABLE III-4: HEIGHT EXCEPTIONS
Phase II Building Aggregate Coverage of Projections
West Ambulatory & Acute Care Building (2C) 50% of roof area East Ambulatory & Acute Care Building (2D/E) 55% of roof area 20th Street Medical Building (2I) 50% of roof area
West Ambulatory Care & Research Building (S3) 60% of roof area Education & Conference Center and East
Ambulatory Care & Research Building (S4) 50% of roof area Visitor Housing (S5) 50% of roof area
Note: In accordance with 2022 SMMC Section 9.21.060(A), the above limitations on total aggregate coverage of projections shall not apply to solar energy systems.

Allowed Projections Above Height Limits
Structure Maximum Aggregate Coverage of
Building’s Roof Area (%)
Maximum Vertical
Projection (ft.)
Above the Height Limit
Skylights
Child & Family Development Center (S1) No limit (as per 2022 SMMC Table 9.21.060) 5 ft above the roofline
Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building, along with screening of such equipment required by SMMC Section 9.21.140, Screening West Ambulatory & Acute Care
Building (2C)
Total area enclosed by all screening may
not exceed 50% 15 ft.

East Ambulatory & Acute Care Building (2D/E) Total area enclosed by all screening may not exceed 50% 15 ft.
20th Street Medical Building (2I) Total area enclosed by all screening may not exceed 45% 15 ft.

West Ambulatory Care & Research Building (S3) Total area enclosed by all screening may not exceed 60%
15 ft., except 30 ft. for an area up
to 200 sf.

Education & Conference Center and
East Ambulatory Care & Research Building (S4)
Total area enclosed by all screening may
not exceed 45%
15 ft., except 30 ft. for an area up
to 200 sf.

Visitor Housing (S5) Total area enclosed by all screening may not exceed 45%
12 ft. (as per 2022 SMMC
Table 9.21.060)
NOTE:

Projections above the Phase II buildings heights not established in this table shall be governed by 2022 SMMC Section 9.21.060 nor shall units be available to the general public. Saint John’s may retain a third-party to operate the Visitor Accommodations.

Visitor Accommodations is a permitted use originally approved in the 1998 Development Agreement in acknowledgement of the various visitors to Saint John’s campus that may require overnight accommodations. As Visitor Accommodations is
located on Saint John’s campus and is not available to the general public, it does not fit squarely into any of the use classifications listed in the 2022 SMMC (e.g. it is not a “multipleunit dwelling” per 2022 SMMC Section 9.51.020(A)(1)(d), “group residential” per 2022 SMMC Section 9.51.020(A)(1)(e), “corporate housing” per 2022 SMMC Section 9.51.020(A)(2), nor a type of “lodging” per 2022 SMMC Section 9.51.030(B) (15), etc.). This Section B.15 contains all requirements and limitations on the Visitor Accommodations use and this use shall not be subject to any other use/rental requirements in the 2022 SMMC including without limitation: restrictions on income levels of the occupants, bedroom/unit mix requirements, amenities (including furnishings), length of stay, principal place of residency, tenant relocation, good cause eviction, and transient occupancy tax.

B.16 Other Uses
Any other uses that are designated as permitted uses for the Phase II Development Sites by the SMMC in effect at the time the use is established that are similar to, consistent with, and not more disruptive than the Phase II Permitted Uses described above.

C. DEVELOPMENT STANDARDS
Development standards control height, setbacks, building separation and other related regulations concerning the redevelopment of the Phase II Development Sites.

C.1 Height
Vested heights in Table III-1 are based upon the Average Natural Grade (ANG) for each Phase II site as established in Table III-3.

The ANGs for each Phase II site govern all future development under the Phase II Master Plan and supersede the 2022
SMMC calculation for ANG (2022 SMMC Section 9.04.050(A) (1)). Permitted projections above the permitted heights are discussed in Section C.1.1, Height Exceptions, below.

C.1.1 Height Exceptions
Except as provided in Table III-4, Height Exceptions, permitted projections above Phase II permitted height limits are per 2022 SMMC Section 9.21.060. The total aggregate coverage of
projections above Phase II building heights established in Table III-1 shall not exceed 30% of a roof’s area, except as provided in Table III-4, Height Exceptions.

C.2 Building Separation, Setbacks and Stepbacks
Building placement will play an important part in creating character and a sense of place for the Saint John’s Campus.

Setback standards are required to provide areas for landscaping and a buffer from street activity. Standards for ground level setbacks and building separation are provided in Tables III-5 and III-6 and are also depicted on Figure III-2.

Upper-level stepback requirements are specified in Figure III-3 and Table III-7.

Minimum open space requirements are provided in Section D.

C.2.1 Projections into Required Setbacks and Open Space The following projections into required setbacks and open space areas are allowed in addition to those specified in 2022 SMMC Section 9.21.110:
a. Sites S3 and 2C: if the City approves a pedestrian connection across Santa Monica Boulevard then structural columns to support such pedestrian connection may be needed within setback areas.
b. All sites: Intake vents for any subterranean garage.

C.3 Other Site Regulations
C.3.1 Unexcavated Yards Adjacent to Residential Parcels Providence Saint John’s Phase II Developments will comply with the unexcavated yards provision in 2022 SMMC Section

9.21.190, except that the subterranean parking garage beneath Sites S4 and S5 is required to have a 7.5 foot unexcavated buffer adjacent to the property line adjacent to the property located at 1440 23rd Street.

C.4 Resource Recovery and Recycling
The minimum sizes of the Resource and Recycling areas for each Phase II Development are specified in Table III-8. Except for the S2 site, the resource recovery and recycling standards in 2022 SMMC Section 9.21.130 or successor thereto shall not apply given Providence Saint John’s unique refuse and recycling needs and that the health center’s refuse and recycling is handled through private firms rather than the City. If a Phase II site elects to use City refuse and recycling services then the standards in 2022 SMMC Section 9.21.130 shall be met.

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Packet Pg. 2198 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
30 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
TABLE III-5: GROUND LEVEL BUILDING SEPARATION STANDARDS FIGURE III-2: GROUND-LEVEL BUILDING SEPARATION AND SETBACK REQUIREMENTS Map
Location Requirement

1. 20’ minimum separation from the north side of the building located at 2001 Santa Monica Boulevard to 2I building

2. 20’ minimum separation from the west side of the Parking Structure for 2001 and 2021 Santa Monica Boulevard to 2I building

3. 20’ minimum separation from the south side of the building located at 1301 20th Street to 2I building

4. 20’ minimum separation from the east side of the parking structure for 2001 and 2021 Santa Monica Boulevard to 2C building

5. 40’ minimum separation from the east side of the south facade of the existing CSS building to 2D/E building NOTE:

See Figure III-2 for building separation by map location.

TABLE III-6: GROUND LEVEL SETBACK REQUIREMENTS BY STREET

FRONTAGE OR PROPERTY LINE
Street Setback Distance from Street or
Property Line
20th Street 6 ft
North of Santa Monica Boulevard 6 ft
South of Santa Monica Boulevard 6ft
23rd Street 20 ft
Broadway 3 ft
Site S2 and 1440 23rd Street
shared property line 20 ft
NOTES:

See Figure III-2.
*See Figure III-7 for Saint John’s Square Open Space Requirements.

Requirements for the East and West Diveways and 20th Place are provided in Chapter III, Section E, Mobility Plan, general dimensions are provided on Fiture III-2 to demonstrate implementation of the setbacks in conjunction with the Mobility Plan.

NOTE:

Figure depicts conceptual roof-top building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design is subject to change

1. 3.

2. 4. 5.
1301 20th Street
Parking for 2001 and
2021 Santa Monica Blvd
CSS Building (Phase I)
2001 Santa Monica Blvd.
*

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Packet Pg. 2199 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) 2022 31
III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE III-3: UPPER-LEVEL STEPBACK REQUIREMENTS TABLE III-7: UPPER LEVEL STEPBACK REQUIREMENT BY STREET Adjacent Street Min. Avg. Upper Level
Stepback from Property Line
20th Street 9 ft
Santa Monica Boulevard 7 ft
23rd Street 21 ft
Broadway 6 ft
TABLE III-8: RESOURCE AND RECYCLING AREA DIMENSIONS
Minimum Resource and Recycling Room Dimensions
Building Minimum Room Dimensions
Child & Family Development Center (S1) 28’ x 12’-6”
Multifamily Housing (S2) 21’ x 14’ as per 2022 SMMC Table 9.21.130.A West Ambulatory Care & Research Building (S3) 28’ x 20’ Education & Conference Center and East
Ambulatory Care & Research Building (S4) 28’ x 28’
Visitor Housing (S5) 28’ x 12’-6”
Saint John’s Café None. Refuse and recycling transported to S4 daily.

West Ambulatory & Acute Care Building (2C) 28’ x 20’
East Ambulatory & Acute Care Building (2D/E) 28’ x 12’-6” 20th Street Medical Building (2I) 28’ x 20’
Mullin Plaza Café None. Refuse and recycling transported to 2D/E daily.

NOTE:

Figure depicts conceptual roof-top building footprints
demonstrating implementation of the Development Standards provided in Chapter III, building design is subject to change

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Packet Pg. 2200 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
32 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
D. OPEN SPACE STANDARDS
As described throughout this Chapter, the Phase II Master Plan includes new open spaces on both the south campus and north campus. These open spaces enhance the pedestrian
experience on and around the campus, allow opportunities for outdoor exercise and wellness, and provide gathering areas for Providence Saint John’s employees, patients, and visitors as well as area residents and employees. Figure III-4 shows the various Phase II ground-level open space areas.

D.1 Publicly-Accessible Open Spaces
D.1.1 Locations and Sizes
Many of the Phase II open spaces are publicly-accessible.

Figure III-5 depicts the approximate locations of the publiclyaccessible open spaces. The significant Phase II publiclyaccessible open spaces are subject to the requirements in Table III-9. The publicly-accessible open spaces will be governed by the regulations included in the Development Agreement.

A. Minor Modifications
The Planning Commission or Architectural Review Board, as applicable, may approve modifications or reductions to one or more of the publicly-accessible open spaces upon making a finding that the particular publicly-accessible open space supports an activated pedestrian ground-level through design creativity/innovation and/or the integration of features or amenities for pedestrians.

D.1.224/7 Pedestrian Connections
In accordance with the Development Agreement and as shown on Figure III-6, three 24/7 Pedestrian Connections connecting Santa Monica Boulevard to Broadway (or 21st Street) through the South Campus are provided as part of Phase II. The 24/7 Pedestrian Connections will have a minimum of 5 feet clear walking area. The west 24/7 Pedestrian Connection is provided along the sidewalk on the east side of 20th Place and South Campus West Driveway as part of the S1 and S3 developments.

The middle 24/7 Pedestrian Connection is provided on the vacated portion of 21st Street once the northern portion of 21st Street is vacated. The east 24/7 Pedestrian Connection is provided along the west side of Southeast Driveway, Service Access Road and South Campus East Driveway sidewalks as part of the S4 development. The 24/7 Pedestrian Connections are further governed by regulations in the Development
Agreement.

D.2 South Campus Open Space
In accordance with the Development Agreement, a minimum of 35% ground-level open space shall be provided on the south campus. In addition to the ground level open space, private open space areas may be provided on upper level roof decks of some Phase II buildings to provide additional opportunities for open air gathering (these areas do not count toward the 35% South Campus open space requirement and are not publiclyaccessible).

D.2.1Saint John’s Square Urban Design Standards
Figure III-7 shows Saint John’s Square and the adjacent urban design features that contribute to the pedestrian-oriented design along Santa Monica Boulevard. The minimum requirements for these areas are provided in Table III-10.

TABLE III-9: STANDARDS FOR SIGNIFICANT

PUBLICLY-ACCESSIBLE OPEN SPACE
Development Site Minimum Size
Saint John’s
Square (Site S4)
16,500 sf (Saint John’s Café and
an elevator to the parking garage
may be located in this area)
Sun Garden (Site S5) 12,000 sf
South Garden (Site S5) 7,000 sf
Mullin Plaza (extension
onto Site 2D/E)
23,000 sf Total
[Existing 17,700 sf + New 5,300 sf]
(Mullin Plaza Café may be located
in this area)
FIGURE III-4: PHASE II OPEN SPACE
NOTE:

Figure depicts conceptual ground-level building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE III-5: PHASE II GROUND LEVEL PUBLICLY-ACCESSIBLE OPEN SPACE NOTE:

Figure depicts conceptual ground-level building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change.

FIGURE III-6: AREAS DESIGNATED FOR 24/7 PEDESTRIAN ACCESS THROUGH SOUTH CAMPUS Figure depicts conceptual ground-level and roof-top building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design is subject to change 24/7 Pedestrian Connection
(Public Sidewalk per DA)
24/7 Pedestrian Connection
(Existing Public Sidewalk)
24/7 Pedestrian Connection
(Publicly-Accessible Connection)
NOTE:

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Packet Pg. 2202 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
34 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
(E) Santa Monica Blvd.

Residential
S4
S4
S3
140’ min.
100’ min.
5’ min.
additional
open space
at ground
5’ min.
additional
open space
at ground
“open to sky” open space “open to sky” open space
0 50’ 100’
Legend
Potential Footprint of Upper Levels
N
FIGURE III-7: SAINT JOHN’S SQUARE STANDARDS
NOTE:

Figure depicts conceptual ground-level building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change.

Outdoor Pedestrian
Connection
15’ min. width
12’ min. vertical
clearance
A.

C.
(E) Santa Monica Blvd.

Residential
S4
S4
S3 Outdoor Pedestrian
Connection
15’ min. width
12’ min. vertical
clearance
*
*
Outdoor
Pedestrian
Connection
20’ min. width
14’ min. vertical
clearance
A.

C.
*
*
0 50’ 100’
Legend
*
Potential Footprint of Upper Levels
Ground Level Entrance
See B. and D. in Table
Locations shown are not final, but are
provided to demonstrate compliance
with the standards in Table
N
TABLE III-10: SAINT JOHN’S SQUARE DEVELOPMENT STANDARDS General Standards

1. Saint John’s Square’s “open to the sky” area shall be a minimum of 100’ from the property line along Santa Monica Boulevard to the south/S4 building for a minimum of 140’ east-west between the S3 building and eastern portion of the S4 building as shown on Figure III-7. At the ground level and consistent with the ground level setbacks also specified in Figure III-7, a minimum of 5’ of additional publicly-accessible open space both west and east of Saint John’s Square’s is not required to be “open to sky”. The other ground level setback area may be covered and/or included as an arcade at building’s ground level with building columns located in this area.

Note: an elevator to the parking garage and/or intake vents for the parking garage may be located in this area.

2. Additional Pedestrian Oriented Design Standards - Each letter below corresponds to Figure III-7.

West of Saint John’s Square/S3 Site Pedestrian Oriented Design A. Minimum volume of opening below S3/S4
above-grade connection
20’ width (east-west)
14’ minimum clear from grade to bottom of floor above
B. S3 Pedestrian Entrance Minimum of 1 pedestrian entrance to S3 building from Santa Monica Boulevard/ Saint John’s Square
East of Saint John’s Square/S4 Site Pedestrian Oriented Design C. Ground level publicly-accessible
connection through S4 building/footprint
between South Campus East Driveway and
Saint John’s Square
15’ minimum width (north-south)
12’ minimum clear from grade to bottom of floor above
D. S4 Pedestrian Entrances Minimum of 1 pedestrian entrance to east portion of S4 building from Santa Monica Boulevard/Saint John’s Square.

Minimum of 1 pedestrian entrance to west portion of S4 building from Saint John’s Square.

Minimum of 1 pedestrian entrance to west portion of S4 building from Woodland Garden.

Outdoor
Pedestrian
Connection
20’ min. width
14’ min. vertical
clearance
Not to Scale
Potential Footprint of Upper Levels
See B and D in Table III-10.

Ground Level Building Entrance
Woodland Garden

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE III-8: SOUTH CAMPUS INTERIM OPEN SPACE CONDITIONS Vacated portion of 21st Street
Interim Landscape Buffer
Saint John’s Way 20th Place
21st Street
Broadway
South Campus West Driveway
D.2.2Interim Conditions
The temporary conditions for the South Campus may be
implemented during build out of this long-term plan to
provide open space buffers and access during various stages of development. The requirements for implementation of
these areas are discussed below and are shown on Figure III-8. Additionally, application of each interim condition is demonstrated throughout the various stages of the two Phasing Plans provided in Chapter IV.
a. S3 and 21st Street
Once S3 is built and the requirements for vacation of 21st Street are met, an interim publicly-accessible open space area shall be provided along the northern portion of the street as depicted in Figure III-8. The vacated northern portion of 21st Street between Santa Monica Boulevard and the entrance to lot H will be improved with interim landscape and hardscape. This area will provide public access between Broadway and Santa Monica Boulevard as well as emergency vehicle access. The southern portion of 21st Street will continue to provide access to neighboring residential developments as well as Parking Lot H. The design of this interim landscape/hardscape shall be reviewed by the Architectural Review Board as part of its review of the S3 site. This interim condition shall be provided until development of S4 and Saint John’s Square commence.
b. S4 Landscape Buffer
If the existing Cancer Institute building is demolished prior to Site S4 construction commencing, an interim landscape and hardscape buffer area along Santa Monica Boulevard with a depth of at least 5 feet shall be provided. Figure III-8 illustrates the intended location of the planting buffer. Design for such interim landscape and hardscape area shall be subject to review and approval by the Community Development Director. The interim surface parking shall be screened from Santa Monica Boulevard with planting, berms, and/or fences as described in 2022 SMMC Section 9.28.120(K.2) with the screening being a minimum of 3 feet and a maximum of 3.5 feet in height pursuant to 2022 SMMC Section 9.28.120(K.1) unless alternative
screening is approved by the Community Development Director pursuant to 2022 SMMC Section 9.28.120(M). Except for
these specific screening and landscape or hardscape design requirements, the Community Development Director may
modify or waive otherwise applicable parking design and development standards (including those in 2022 SMMC
Section 9.28.120) and/or landscaping requirements (including those in 2022 SMMC Section 9.26.050) due to the interim nature of the construction staging or parking area. This interim condition shall be provided until development of S4 and Saint John’s Square commence.

D.3 Minor Modifications
Providence Saint John’s may request and the Planning
Commission or Architectural Review Board, as applicable, may approve modifications to location and layout of the south campus open spaces as part of the review process for individual Phase II Developments so long as the overall ground level open space on the south campus meets the 35 percent requirement.

D.4 Architectural Review of Phase II Open Space
The design and landscaping of each Phase II open space shall be subject to the approval of the Architectural Review Board during architectural review of each of the Phase II Developments.

Santa Monica Blvd
20th Street
Parking Lot H

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36 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
E. MOBILITY PLAN
This Phase II Master Plan includes mobility improvements on and around the Providence Saint John’s campus that will be implemented over time as part of the Phase II Development Program. The objective of the Phase II Master Plan with respect to mobility is to accommodate vehicular, bicycle and pedestrian circulation and parking access on Providence Saint John’s property and avoid impacts to and queuing on the City streets adjacent to the Providence Saint John’s campus. In this regard, priority for vehicular access to/from Providence Saint John’s is from Santa Monica Boulevard while Broadway is prioritized for bicycle access.

E.1 Vehicle Circulation Plan
A comprehensive new vehicle access and circulation plan has been developed for Saint John’s as provided on Figure III-9, Vehicle Circulation Plan. The Plan includes improvements to the north and south campus areas as described throughout the sections below.

E.2 Bicycle Circulation Plan
Bicycle circulation is provided on Figure III-10. Consistent with the City’s Bicycle Action Plan, Broadway has been maintained as the primary route for cyclists in this part of Santa Monica.

E.3 Pedestrian Circulation Plan
The sidewalk improvements throughout this section are designed to enhance pedestrian mobility for existing development and Phase II sites as depicted on Figure III-11 (the minimum dimensions for sidewalks detailed in this Chapter III are the required setbacks from the face of the curb to the building line and may include both walkways and other associated landscaping, areas for street trees or street furniture). The publicly-accessible open space areas encourage pedestrian use and are discussed throughout Section D, Open Space
Standards. Additionally, several above-grade or below-grade pedestrian connections are explored to increase connectivity between buildings and overall pedestrian circulation between the north and south campuses. Potential connections are shown on Figure III-12 and are described below.

FIGURE III-9: VEHICLE CIRCULATION PLAN
NOTES:

1. Figure depicts conceptual ground-level and roof-top building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change.

2. See Figure III-30 for loading zones.
/or

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE III-10: BICYCLE CIRCULATION PLAN
NOTES:

1. Figure depicts conceptual ground-level and roof-top building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change.

2. Short and long term bicycle parking locations are approximate and subject to change. Actual locations will be determined with each planning application.
/Visitor Bicycle Parking

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38 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
FIGURE III-11: PROPOSED PEDESTRIAN CIRCULATION
NOTES:

1.Sidewalk includes pedestrian and landscape area, curb to the ground level building facade.

2. The proposed pedestrian pathways depicted are shown to demonstrate connectivity through the campus and are subject to change.

3. Figure depicts conceptual ground-level and roof-top building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change.

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE III-12: POTENTIAL ABOVE AND BELOW GRADE BUILDING CONNECTIONS Above or Below Grade
Building Connection
Above Grade Building
Connection with Usable Sq Ft.

E.3.1Above- and Below-Grade Connections
Several above- and below-grade connections could be
implemented to enhance connectivity for the Phase I and Phase II sites. Square footages for the following connections that are vested are provided in Table III-1 . Other possible connections noted in this section are not vested or permitted by right and require additional City approval as noted below.
a. Pedestrian Connections to Existing Phase I CSS Building Two pedestrian connections between the East Ambulatory & Acute Care Building (2D/E) to the existing Phase I CSS Building are permitted.
i. One above-grade pedestrian connection is permitted
within Pedestrian Zone #3 (as shown on Figure III12). The permitted floor area for this above-grade pedestrian connection is 3,300 sf.
ii. One subterranean pedestrian connection up to 400
sf is permitted.

Three pedestrian connections connecting the West Ambulatory & Acute Care Building (2C) to the existing Phase I Keck Building are permitted.

1. One above-grade Pedestrian Connection is permitted within Pedestrian Zone #1 (as shown on Figure III-12).

2. A second above-grade Pedestrian Connection is permitted in Pedestrian Zone #2 (also shown on Figure III-12).
a. The total permitted floor area for these two Pedestrian Connections (1. and 2.) is 7,250 square feet, with the
permitted floor area for either Pedestrian Connection being 5,850 sf (subject to the cumulative permitted floor area of 7,250 sf).

3. A subterranean/semi-subterranean Pedestrian Connection connecting the West Ambulatory & Acute Care Building
(2C) to the existing Phase I Keck Building is also permitted.

Because of the grade change between these two buildings a portion of this Pedestrian Connection could be exposed and visible. The permitted floor area for this Pedestrian Connection is 2,650 sf.

Portions of these pedestrian connections could be constructed on and across Phase I land area and would require the removal of two existing one-story cinder block buildings currently located on the west side of the Phase I Keck Building and commonly referred to as the “technology docks.”
b. Sites S3 and 2C
An above-grade pedestrian connection over Santa Monica
Boulevard connecting the West Ambulatory Care & Research Building (S3) to the West Ambulatory & Acute Care Building (2C) could be proposed and further explored with the City.

If constructed the above grade pedestrian connections
should complement the connecting buildings (see Chapter II, Section E.1, Phase II Development Program and Conceptual Building Design).
c. S3 and S4
As identified on Figure III-12, an above-grade, two-level connection between the West Ambulatory Care & Research
Building (S3), and the Education & Conference Center, and the East Ambulatory Care & Research Building (S4) is permitted.

As the connection would be part of the S4 development, the floor area associated with this connection is included in the vested floor area for the Education & Conference Center and the East Ambulatory Care & Research Building (S4), see Table III-1, Phase II Vested Uses and Development Rights by Site. d. Subterranean Tunnel Connection
A vehicular subterranean tunnel beneath beneath Santa
Monica Boulevard connecting the parking garages for the East Ambulatory & Acute Care Building (2D/E) and the Education & Conference Center and East Ambulatory Care & Research Building (S4) could be proposed to allow for circulation between the two garages, subject to additional City approval.
e. S1/S3 and 2C Connection
Another vehicular subterranean tunnel connection could
be proposed beneath Santa Monica Boulevard connecting
the S1/S3 parking garage and the 2C parking garage to
provide additional campus connectivity. As with the abovegrade pedestrian connection over Santa Monica Boulevard, this element may either be considered as part of the S3 development or as part of the 2C development in accordance with the Phase II Phasing Plan (see Chapter IV) and will require additional City approval. NOTE: Figure depicts conceptual ground-level and roof-top building footprints demonstrating implementation of the Development Standards provided in Chapter III, building design and location of open space are subject to change.

Phase I CSS Building
Phase I Keck Building

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40 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
E.4 Street Sections
The following sections detail existing and new street (public) and driveway (private) improvements related to Phase II Master Plan circulation improvements for the North and South campus areas. The sequence for implementation of mobility improvements are provided in Chapter IV, Phasing Plan.

E.4.1 North Campus Access Improvements
As identified on Figure III- 13, Campus Street Network, improvements on the North Campus are intended to align
with the new driveways proposed for the South Campus and to support ingress and egress for existing and new buildings planned north of Santa Monica Boulevard.
a. Site 2I
As part of the development of the 20th Street Medical Building (2I), a driveway from 20th Street is planned to provide ingress and egress to the parking garage on Site 2I. The driveway access is approximately shown on Figure III-13, and is discussed further in Section E.4.4.b, below.
b. Mullin Plaza
As part of Phase II implementation, the Mullin Plaza driveways will be revised to align with the new south campus driveways with the ingress driveway ultimately being shifted to Site 2D/E and the egress driveway being re-routed through the 2C site to connect to the new Site 2C driveway. The valet loop will remain and be expanded to the east with the expansion of the Mullin Plaza ingress driveway. Although the existing Mullin Plaza egress driveway (at the intersection of 21st Street and Santa Monica Boulevard) will be closed for general vehicular access, a controlled access mechanism will be installed to allow emergency vehicle access.
c. Site 2C
A new driveway from Santa Monica Boulevard (aligning with the South Campus West Driveway) will be added to provide additional ingress and egress to Site 2C. Egress from the Mullin Plaza driveway will be re-routed through the 2C site to connect to the new driveway. The driveway will also allow through access for emergency vehicle access between Santa Monica Boulevard and Arizona Avenue via a controlled access mechanism that will be located on the north side of the new 2C driveway.
d. Site 2D/E
As part of Phase II implementation, a new driveway from Santa Monica Boulevard will be added on Site 2D/E (aligning with South Campus East Driveway) as part of the Mullin Plaza expansion. This new driveway will be for ingress only. Ultimately, the result will be that the two existing curb cuts on Santa Monica Boulevard -- one for the Mullin Plaza ingress driveway and one that currently serves as the Foundation building egress -- will be consolidated into one curb-cut for ingress only. The existing curb-cut on Site 2D/E along 23rd Street (which currently is ingress only into the Foundation building parking lot) will be shifted and will be for egress only and limited to right-turns.

Vacated portion of 21st Street
Mullin Plaza Driveway
South Campus West Driveway
Saint John’s Way
20th Place
Southeast Driveway
South Campus East Driveway
FIGURE III-13 CAMPUS STREET NETWORK
21st Street

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE 15.1(a):

South Campus West Driveway Section FIGURE III-14: SOUTH CAMPUS WEST DRIVEWAY SECTION FIGURE 15.1(b):

South Campus West Loading Zone
(Commercial Loading)
FIGURE 15.1(b):

South Campus West Loading Zone
(Commercial Loading)
FIGURE III-15: SOUTH CAMPUS WEST LOADING ZONE (COMMERCIAL LOADING) E.4.2 South Campus Access Improvements
This Phase II Master Plan cohesively connects the north and south campus through re-alignment of an intersection as well as a few new streets and driveways. New south campus streets include (1) a new southbound street on the west side of the south campus, tentatively called 20th Place, and (2) a new westbound street between 21st Street and 20th Place, tentatively called Saint John’s Way. These new streets and driveways are shown previously on Figures III-9 and III-13 and are described with street sections in this Section.
a. South Campus West Driveway
South Campus West Driveway is a new north-south connection that will run from Santa Monica Boulevard to the subterranean parking garage located on the west side of the south campus.

Figures III-14 and III-15 provide the street section and loading zone for implementation of this driveway.
• Vehicles and Bicycles: South Campus West Driveway will be a two-way driveway that is 32 feet curb-to-curb and provides vehicular access to/from Santa Monica Boulevard and the subterranean parking garage beneath the south campus.

South Campus West Driveway will be shared with bicycles and provide bicycle access to the south campus, including access to short-term and long-term bicycle parking. From South Campus West Driveway, bicycles will be able to
access the existing dedicated bicycle lanes on Broadway by continuing along 20th Place. Except for emergency
and service/logistics vehicles, there will generally be no through access for vehicles between Broadway and Santa
Monica Boulevard. A controlled access mechanism would
be located on South Campus West Driveway immediately
south of the entrance to the subterranean parking garage.

A commercial loading area, Figure III-15, is provided in the area between the controlled access mechanism and 20th
Place, where another controlled access mechanism will
be located permitting through access for emergency and
service/logistics vehicles from Santa Monica Boulevard
to Broadway.
• Pedestrians: Pedestrian circulation is provided through a new sidewalk on the east side of South Campus West
Driveway. The sidewalk continues to Broadway along the new 20th Place (described below), creating better pedestrian connectivity through the south campus (including to the new open spaces on the south campus) and between the
Expo Light Rail Stations and the Providence Saint John’s campus. Four-way signalized cross walks will be provided at the relocated intersection of Santa Monica Boulevard and South Campus West Driveway to provide pedestrian
connections between the north and south campuses.

South Campus West Driveway will be created as part of
development on Site S3.

Bike Access Bike Access Bike Access
Bike Access

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42 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
FIGURE 15.4:

South Campus East Driveway Section (northern portion)
FIGURE III-16: SOUTH CAMPUS EAST DRIVEWAY SECTION (NORTHERN PORTION) FIGURE 15.5:

South Campus East Driveway Section (commercial
loading)
FIGURE 15.5:

South Campus East Driveway Section (commercial
loading)
FIGURE III-17: SOUTH CAMPUS EAST DRIVEWAY SECTION (COMMERCIAL LOADING) b. South Campus East Driveway
South Campus East Driveway is a new north-south driveway that will run from Santa Monica Boulevard to the subterranean parking garage located beneath the south campus. Figures III16 and III-17 provides the street sections for implementation of this driveway.
• Vehicle and Bicycles: South Campus East Driveway will be a two-way driveway that is 32 feet curb-to-curb and provides vehicular access to/from Santa Monica Boulevard and the subterranean parking garage beneath the south campus.

A commercial loading zone is provided on the west side
of the South Campus East Driveway. South Campus East
Driveway will be shared with bicycles and provide bicycle access to the south campus, as well as amenities for shortterm and long-term bicycle parking. From South Campus East Driveway, bicycles will be able to access the existing dedicated bicycle lanes on Broadway by continuing along Service Access Road and Southeast Driveway. Except for
emergency vehicles and service/logistics vehicles, there will generally be no through access for vehicles between Broadway and Santa Monica Boulevard. A controlled
access mechanism will be located on South Campus
East Driveway immediately south of the entrance to the
subterranean parking garage.
• Pedestrians: Pedestrian circulation is provided through a new sidewalk on the west side of South Campus East
Driveway. The sidewalk leads to pedestrian circulation
extending to Broadway, creating better pedestrian
connectivity through the south campus (including to the new open spaces on the south campus) and between the
Expo Light Rail Stations and the Providence Saint John’s campus. Four-way signalized crosswalks will be provided at the relocated intersection of Santa Monica Boulevard and South Campus East Driveway to provide pedestrian
connections between the north and south campuses.

South Campus East Driveway, including the relocated traffic signal at its intersection with Santa Monica Boulevard, will be created as part of development on Site S4 as described Chapter IV, Phasing Plan.

Bike Access Bike Access
Bike Access Bike Access Bike Access

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE 15.6:

Southeast Driveway Section
FIGURE III-18: SOUTHEAST DRIVEWAY SECTION
FIGURE 15.7:

Service Access Section
FIGURE 15.7:

Service Access Section
FIGURE III-19: SERVICE ACCESS SECTION
c. Southeast Driveway
Southeast Driveway is a new north-south driveway that will run from Broadway to Site S2. Figure III-18 provides the street section for implementation of this driveway.
• Vehicles and Bicycles: Southeast Driveway will be a two-way driveway that provides vehicular access to/from Broadway and the Multifamily Housing building at Site S2. Emergency and service/logistics vehicles will also be able to utilize Southeast Driveway for through access between Santa
Monica Boulevard and Broadway. Southeast Driveway will
be shared with bicycles and provide access to the south campus including connecting the existing dedicated bicycle lanes on Broadway to and through the south campus. Shortterm and long-term bicycle parking amenities will also be available as shown on Figure III-10, Bicycle Circulation.

Southeast Driveway will provide access to a commercial
loading zone on the north side of the S5 building. Except for emergency vehicles and service/logistics vehicles, there will generally be no through access for vehicles between Broadway and Santa Monica Boulevard. A controlled access mechanism will be located on at the northern terminus of Southeast Driveway. Southeast Driveway is 24 feet wide.

Prior to Site S4 redevelopment, this Driveway may also
serve as the ingress for surface parking Lot H and interim surface parking and construction staging on Site S4.
• Pedestrians: Pedestrian circulation is provided through new sidewalks on both sides of Southeast Driveway to promote pedestrian circulation from Broadway to the south campus.

The sidewalks will connect to pedestrian circulation within the south campus, creating better pedestrian connectivity through the south campus (including to the new open
spaces on the south campus) and between the Expo Light
Rail Stations and the Providence Saint John’s campus. A new crosswalk will be provided on the west side of the new intersection of Southeast Driveway and Broadway.

Southeast Driveway is located on Site S5 but is anticipated to be created as part of development on Site S2.
d. Service Access Road
The Service Access Road is a new north-south service road that will connect South Campus East Driveway and Southeast Driveway. Figure III-19 provides the street section for implementation of the service access road.
• Vehicles and Bicycles: The Service Access Road is a twoway service road that allows emergency and service/ logistics vehicles through access between Santa Monica
Boulevard and Broadway. Controlled access mechanisms
will be located on the northern and southern terminuses of the Service Access Road. The Service Access Road will be shared with bicycles to allow bicycles through access between Santa Monica Boulevard (via South Campus East
Driveway) and Broadway (via Southeast Driveway) and
connect the existing dedicated bicycle lanes on Broadway to and through the south campus. The Service Access Road is 25 feet curb-to-curb.
• Pedestrians: Service Access Road will include a sidewalk on its east side to promote pedestrian circulation from Broadway (including from the S2 building and open space on the east side of the Southeast Driveway) to/from the south campus. The west side of the Service Access Road is open space that also provides pedestrian circulation from Broadway to/from the south campus and between the Expo
Light Rail Stations and overall Saint John’s campus.

The Service Access Road is anticipated to be created as part of development on Site S4 (described in Chapter IV, Phasing Plan). e. Minor Modifications
The Community Development Director may approve changes
to the use or location of the new driveways, streets, and/ or sidewalks in this Section E.4.2, upon written request by Providence Saint John’s; however the City may not require any of the new driveways, streets and/or sidewalks to be expanded beyond the dimensions of this Plan as shown on Figures III-14 through III-19.

Bike Access
Bike Access

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44 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
FIGURE 15.2:
20th Place Section
E.4.3 New Streets on South Campus
a. 20th Place
20th Place is a new one-way, southbound street that will run from Saint John’s Way (described below) to Broadway:

Figure III-20 provides the street section for implementation of this roadway.
• Vehicles and Bicycles: 20th Place will be a one-way
southbound street that provides vehicular access from
Saint John’s Way to Broadway. 20th Place will primarily be used by residents of and visitors to the existing residential buildings on 21st Street and those accessing the Child & Family Development Center (S1). 20th Place includes a
dedicated passenger loading (drop-off/pick-up) zone on its east side and on-street parking spaces on its west side.

Emergency and service/logistics vehicles will be able to utilize 20th Place for access from Santa Monica Boulevard to Broadway via the South Campus West Driveway. 20th
Place will be a shared street with bicycles and provide access from the south campus and the existing residential buildings on 21st Street to Broadway. 20th Place is 28 feet curb-to-curb. 20th Place connects to South Campus West
Driveway via a restricted access and commercial loading area adjacent to the S3 site. Emergency vehicles have full access between Broadway and Santa Monica Boulevard
via 20th Place and South Campus West Driveway.
• Pedestrians: Pedestrian circulation is provided through new sidewalks on both sides of 20th Place to promote
pedestrian circulation from Broadway to the south campus.

The sidewalk on the east side will continue to Santa
Monica Boulevard (along South Campus West Driveway),
creating better pedestrian connectivity through the south campus (including to the new open spaces on the south
campus) and between the Expo Light Rail Stations and the Providence Saint John’s campus. A new crosswalk will be provided on the east side of the new intersection of 20th Place and Broadway.
20th Place is anticipated to be created as part of the
development on Site S1 (described above).
b. Saint John’s Way
Saint John’s Way is a short one-way westbound connecting street that will run from the revised 21st Street (described below) to the new 20th Place. Figure III-21 provides the street section for implementation of this roadway.
• Vehicles and Bicycles: Saint John’s Way will be a one-way, westbound street that provides vehicular access from 21st Street to 20th Place. Saint John’s Way will also include a commercial loading zone on its south side. Saint John’s Way will be a shared street with bicycles and provide
access from 21st Street to new bicycle parking on the
south campus and to the existing dedicated bicycle lanes on Broadway (via 20th Place). Saint John’s Way is 20 feet curb-to-curb.
• Pedestrians: Pedestrian circulation is provided through new sidewalks on both sides of Saint John’s Way to promote pedestrian circulation through the south campus, including to the new open spaces.

Saint John’s Way is anticipated to be created as part of development on Site S1 as described in Chapter IV, Phasing Plan. c. Minor Modifications
The Community Development Director may approve changes
to the use or location of the new driveways, streets and/ or sidewalks in this Section E.4.3 upon written request by Providence Saint John’s; however the City may not require any of the new driveways, streets and/or sidewalks to be expanded beyond the dimensions of this Plan as shown on Figures III-20 through III-21.
.

FIGURE III-20: 20TH PLACE SECTION
FIGURE 15.3:

Saint John’s Way Section
FIGURE III-21: SAINT JOHN’S WAY SECTION
FIGURE 15.3:

Saint John’s Way Section
Bike Access
Bike Access

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE 15.9:
21st Street Section (south of Saint John’s Way)
FIGURE III-22: 21ST STREET SECTION (SOUTH OF SAINT JOHN’S WAY) FIGURE 15.8:
21st Street Section (north of Saint John’s Way)
FIGURE 15.8:
21st Street Section (north of Saint John’s Way)
FIGURE III-23: 21ST STREET SECTION (NORTH OF SAINT JOHN’S WAY) E.4.4 Revisions to Existing Public Streets
a. 21st Street
This Phase II Master Plan includes several revisions to 21st Street between Santa Monica Boulevard and Broadway. As
shown previously on Figure III-9, Vehicular Circulation Plan, the northern portion of 21st Street will be vacated and closed to vehicular access, except for emergency vehicles. The vacated area will be used as open space as detailed in Section D, Open Space Standards, of this Chapter.

Figures III-22 - III-23 provide the street section for implementation of various portions of 21st Street.
• 21st Street South of Saint John’s Way
○ Vehicles and Bicycles: After the new Saint John’s Way and the 20th Place streets are opened for vehicular
access, the remaining/southern portion of 21st Street
will become a northbound one-way street up to Saint
John’s Way. This portion of 21st Street will be shared
with bicycles, connecting to the existing dedicated
bicycle lanes on Broadway and providing access to
short-term and long-term bicycle parking. This portion
of 21st Street will primarily be used by residents of and visitors to the existing 21st Street residential buildings and those accessing the S1 site. This portion of 21st
Street will be 30 feet curb-to-curb and include onstreet parking on both sides of the street as shown on Figure III-22. The minimum distance between the
southwest corner of the intersection of 21st Street and Saint John’s Way to the first on-street parking space
on the west side of 21st Street shall be 15 feet to allow sufficient fire access.
○ Pedestrians: The existing sidewalks along this portion of 21st Street will connect to provide access from Santa Monica Boulevard to Broadway as detailed in Section
D.1.2 of this Chapter. This will promote pedestrian
circulation between Broadway, the existing residential
buildings located on the east side of 21st Street, and
the south campus including the new open spaces on
the south campus.
• 21st Street Between Saint John’s Way and its Northern Terminus: After the new Saint John’s Way and the new
20th Place are opened for vehicular access, as depicted on Figure III-23 this segment of the street will also be 30’ curbto-curb. However, the remaining portion of 21st Street north of Saint John’s Way will become a two-way street providing access for the property located at 1427-1433 21st Street to/from Saint John’s Way without on-street parking.
• Vacated Portion of 21st Street (See Figure III-24): After the S4 development is completed, the vacated portion of 21st is intended to be used as open space. As shown on Figure III-24 this segment will be 20’ in width. Only emergency vehicles will be allowed to access the vacated portion of 21st Street.
21st Street will continue in its current configuration until the new Saint John’s Way and 20th Place are created and open for vehicular access. After Saint John’s Way and 20th Place are open, the vacated/northern portion of 21st Street will be in an interim configuration until it is incorporated into the new Saint John’s Square as part of the S4 development. Until Site S4 is developed, the northernmost portion of the vacated area adjacent to Santa Monica Boulevard will be closed to vehicular traffic (except for emergency vehicles) and improved with interim landscape or hardscape that facilitates and encourages use of this area as publicly-accessible open space as described in Section D, Open Space Standards, above and shown on the Phasing Plans in Chapter IV. Until Site S4 is developed the remaining vacated portion of 21st Street between its southern terminus and the existing entrance to surface parking Lot H on the east side of 21s
t Street may continue to provide ingress only
to Lot H, see Chapter IV, Phasing Plan.

Bike Access

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46 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
FIGURE III-25: SITE 2I DRIVEWAY LOCATION
FIGURE 15.10:

Vacated 21st Street Section
FIGURE III-24: VACATED 21ST STREET SECTION b. 20th Street This Phase II Master Plan includes the potential for modifications to 20th Street between Santa Monica Boulevard and Arizona Avenue. Subject to City review and approval, the vehicle lane configurations on 20th Street between Santa Monica Boulevard and Arizona Avenue may be modified to include a center two-way left-turn lane to accommodate access to/from the new 20th Street Medical Building (2I). The proposed driveway location for Building 2I is provided in Figure III-25. The new driveway would be located at least 20 feet from the Site 2I northern property line (and a minimum of 30 feet from the existing driveway at 1301 20th Street)
Potential options for revisions to 20th Street are illustrated in Figure III-26, Options 1-4. Any modifications will be made as part of the Site 2I development as described in Chapter IV, Phasing Plan, as determined by the City’s transportation engineer. c. Santa Monica Boulevard
This Phase II Master Plan calls for the relocation of the two existing traffic signals located at the ingress and egress to the north campus Mullin Entry Plaza as follows:
• The existing traffic signal located at the intersection of the north campus Mullin Plaza egress driveway/21st Street
and Santa Monica Boulevard will be shifted to the west to align with the new South Campus West Driveway as shown
on Figure III-9, Vehicular Circulation Plan. This will occur during the first to occur of either the 2C development or the S3 development (see Chapter IV, Phasing Plan).
• The existing traffic signal located at the intersection of the 22nd Street/north campus Mullin Plaza ingress driveway
and Santa Monica Boulevard will be shifted to the east to align with the new South Campus East Driveway as shown
on Figure III-9, Vehicular Circulation Plan. This will occur as part of the Site S4 development, when the South Campus
East Driveway is created.
• The new alignment of these intersections and traffic signals as well as enhanced crosswalks to increase pedestrian
safety when crossing Santa Monica Boulevard.
d. Schader Drive
This Master Plan calls for the western terminus of Schader Drive at Providence Saint John’s south campus to be closed for vehicular access and no longer be accessible from the south campus as part of the S4 development. A controlled access mechanism will be added between South Campus East Driveway and Schader Drive to allow emergency vehicle access, see Figure III-9.
e. Minor Modifications
The Community Development Director may approve changes
to the use or location of the new driveways, streets and/ or sidewalks in this Section E.4.4 upon written request by Providence Saint John’s; however the City may not require any of the new driveways, streets and/or sidewalks to be expanded beyond the dimensions of this Plan as shown on Figures III-22 through III-26.
30’ 20’

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
FIGURE 16.1: Potential 20th Street Lane Revisions - Option 1 FIGURE 16.2: Potential 20th Street Lane Revisions - Option 2 FIGURE III-26: 20TH STREET LANE REVISION OPTIONS
OPTION 1 OPTION 2 OPTION 3FIGURE 16.3: Potential 20th Street Lane Revisions - Option 3 OPTION 4 FIGURE 16.4: Potential 20th Street Lane Revisions - Option 4

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Packet Pg. 2216 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
48 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
FIGURE III-27: PHASE II OFF-STREET PARKING LOCATIONS F. VEHICLE PARKING This Phase II Master Plan incorporates a comprehensive, parking strategy that will provide sufficient parking to meet peak parking demand for both Phase I and Phase II.

This Plan takes a holistic approach to planning, designing, and managing vehicle parking. This Plan’s main objectives with respect to parking are: (1) to ensure that sufficient parking is provided on campus to satisfy peak parking demand upon completion of the Phase II Development Program; (2) to ensure that during build-out of the Phase II Development Program Providence Saint John’s continues to satisfy its peak parking demand through a combination of on-site and off-site, owned and leased parking; (3) to right-size the on-site parking that is provided, ensuring that enough spaces are built to satisfy peak parking demand taking into account future changes in mobility during the course of its Phase II implementation; and (4) to support City sustainability goals to reduce single occupancy vehicle trips and increase safety.

F.1 New On-Street
New on-street parking on 20th Place will be provided in accordance with the requirements in Table III-11 and Figure III20 as well as the Third Amendment.

F.2 New On-Site Parking Locations
With the exception of the multi-family housing, all new on-site parking is anticipated to be provided in subterranean garages.

Locations for new subterranean parking correspond with
the Phase II development sites and are shown on Figure III27. Access to on-site parking is also shown on Figure III-27, however, the standards for the driveways providing access to the new subterranean parking locations are provided in Section E, Mobility Plan. The requirements for determining the number of spaces to be provided are outlined in Section F.3 below.

TABLE III-11: NEW ON-STREET PARKING SPACES
Street Parking Spaces
20th Place8

AS AN ALTERNATIVE TO BELOW-GRADE PARKING
ON S2, PARKING MAY BE PROVIDED NEARBY ON THE
S4/ S5 SITE
.

DIRECTION OF STREET LEVEL CIRCULATION

PHASE II AREAS

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
F.3 On-Site Parking Capacity
Due to the long-term buildout of this Master Plan, changing technology in transportation and parking, and the need to accommodate Phase I parking, this section identifies site by site requirements for determining parking. During the preparation of this Phase II Master Plan a parking demand study (Benchmark Parking Study) was prepared to analyze existing and future parking demand related to this Master Plan (see Appendix C).

Specifically the Benchmark Parking Study estimates the
parking supply required to satisfy peak parking demand during Phase II implementation taking into account a variety of factors including:
• Parking demand for existing Phase I uses and new Phase II uses as well as construction parking demand,
• Shared parking (i.e. two or more user groups able to use the same parking space(s) without conflict),
• Users visiting multiple uses on a single stay (e.g., campus employees using on-site retail or restaurants), and
• Providence Saint John’s Transportation Demand
Management Plan upon Phase II Implementation (which
includes incentives for ride sharing, car/van pooling, taking public transit, bicycling and walking).

Based on recommendations of the Benchmark Parking Study, parking requirements (i.e. on-site capacity) for each Phase II Development Site shall be determined as follows:

S2. Parking shall be provided for S2 program/uses based upon the City’s parking requirements at the time of filing an Administrative Approval Application. Parking for this site may explore alternatives to subterranean parking
such as tuck-under or tandem spaces for multi-family
housing. Alternatively, a parking demand study may be
submitted for the S2 uses and the required parking for
such uses would then be established by the Community
Development Director as part of the Administrative
Approval determination.

Required parking for the S2 uses may either be provided on-site or nearby on the S4/S5 site (in surface parking Lot H prior to redevelopment of the S4/S5 site and, upon redevelopment, in the S4/S5 subterranean garage).

As required by the Development Agreement’s Phases II
Parking Management Plan, if parking for S2 is provided
in Parking Lot H, Providence Saint John’s must submit a revised Parking Management Plan confirming that peak
parking demand is met in accordance with the DA.
2C. The parking capacity for the 2C site is provided in Table III-11. The range of parking spaces is consistent with the Benchmark Parking Study, which recommends
four levels of subterranean parking on the site and takes into consideration that 2C is the most convenient parking location to serve the north campus Mullin Entry Plaza.
2I. As part of the DRP application for development on
2I, a parking demand study shall be filed addressing
the criteria outlined in Section F.3.1 below. Table III-12 includes the minimum and maximum parking requirement
for the site. Within the specified range, the Community Development Director shall establish the parking required on the 2I site based on the criteria outlined in Section F.3.2 below.

This requirement is consistent with the Benchmark
Parking Study which recommends three to four levels
of subterranean parking on the 2I site. In addition to
meeting the parking demand of the 2I uses, this site can also accommodate parking demand for Phase I as the 2I
site is a convenient location for Keck and CSS employee parking.

S1/S3. If the S1 and S3 developments proceed in the first or second stage of Phase II Master Plan implementation
(see Chapter IV, Phasing Plan), subterranean parking shall be provided on the S1/S3 sites in accordance with Table III-12. This requirement is consistent with the Benchmark Parking Study which recommends, four levels of
subterranean parking on the S1/S3 site and also provides parking for Phase I uses. The location makes it suitable for use by valets (just across Santa Monica Boulevard via signalized intersection) from the Mullin Entry Plaza.

If the S1 and S3 developments proceed in a later stage
of development, then the required parking on the S1/S3
sites shall be established by the Planning Commission
based on a parking demand study in accordance with the
requirements of Sections F.3.1 and F.3.2 below.

Parking on all other Phase II Development Sites. The
parking requirements for site S4, S5 and 2D/E shall be
established by the Planning Commission as part of the
DRP in accordance with Section F.3.1 and F.3.2 below.

F.3.1Parking Study Requirements
If required by Section F.3, a parking demand study shall be filed with the DRP application for each specified Phase II development. The parking demand study shall, at a minimum, include the following information:
a. Projected parking demand for the new Phase II building (if such use exists on the Campus, such parking demand shall be based on parking counts taken no later than four months prior to the filing of the Development Review Permit application), b.Utilization of other on-site parking facilities by both Phase I and then existing Phase II uses based on parking counts taken no later than four months prior to the filing of the DRP application,
c. Leased parking supply and utilization of such supply by both Phase I and then existing Phase II uses (e.g. Saint John’s parking demand that is not satisfied on Phase I or Phase II sites),
d.Utilization of on-street meter parking immediately adjacent to Saint John’s Campus (i.e. west side of 23rd Street between Arizona and Santa Monica Boulevard, south side of Arizona between 23rd and 20th Streets, both sides of 21st Street between Saint John’s Way and Broadway, the west side of 20th Place between Saint John’s Way and Broadway, and
the north side of Broadway between 23rd Street and 20th Street), or other locations determined by the Community Development Director,
e. Proposed implementation plan and schedule for current, new or enhanced TDM measures to offset Saint John’s parking TABLE III-12: ON-SITE PARKING
Site Parking Capacity
North Campus
2C Capacity for 180-195 vehicles
(could be tandem configuration)
2I Capacity for 200-300 vehicles
2D/E To be determined by a future
Parking Demand Study
South Campus
S1 and S3 (one
subterranean garage
supports both sites)
Capacity for 498 vehicles
S2
Per Section F.3 Parking Study
Requirements: either 2022 SMMC
parking ratios or determined by a
future Parking Demand Study
S4 and S5 (one
subterranean garage
supports both sites)
To be determined by a future
Parking Demand Study
NOTES: Parking supply may be shared for both Phase I and Phase II uses. Facilities may be self park or valet. See Section F.3.1 for Parking Study Requirements.
demand. Quantification of the parking demand reduction
associated with the implementation of new or enhanced TDM measures shall be provided, and
f. Must document a methodology for designating valet, visitor and employee spaces.

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50 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
F.3.2 Determining Parking Requirements Based on a Demand Study The parking requirements for specified Phase II Development Sites shall be based upon a parking demand study reviewed and approved by the authorized decision making body (i.e.

Planning Commission or the Community Development Director).

The Benchmark Parking Study shall be used as a reference for the criteria upon which to base the parking requirements.

These criteria include:
a. Capacity for the parking demand associated with the
proposed Phase II uses by building will be satisfied either on the applicable Phase II site or in another existing on-site parking facility,
b. The cumulative parking supply on Phase I and Phase II parking sites (then-existing supply and the new proposed Phase II building) will have a 90% or higher utilization, c. Saint John’s then-existing leased parking supply will be reduced upon completion of the applicable Phase II building and parking (leased supply may temporarily increase during construction of Phase II buildings),
d. In order to (a) accommodate the demolition of parking in a future stage of Phase II implementation, (b) accommodate temporary construction parking during a future stage of Phase II implementation, and (c) off-set the parking to be built for such future Phase II building excess parking may be built. For example:

1.If the parking required for a Phase II building would result in a half level of parking, the full parking
level may be built if it can reasonably be used to
offset the parking required for a future Phase II
building.

2.If it is anticipated that the parking demand
estimated for a future Phase II use cannot be fully
provided on such future building site (e.g. 2C or
2D/E), additional parking may be built in an earlier
Phase II building.

This Section F.3 supersedes the off-street vehicle parking requirements included in 2022 SMMC Sections 9.28.020-070,

9.28.020-090, 9.28.120, 9.28.180 and 9.28.190; provided, however that minimum parking dimensions shall comply
with the standards approved by the Community Development Director. The area of any such space shall be exclusive of any driveways, aisles, and maneuvering areas.

F.4 Parking Management Plan Upon Phase
II Implementation
During Phase II implementation, Providence Saint John’s shall maintain, amend as necessary and implement a Parking Management Plan (“PMP”) for Phase I and Phase II in accordance with the Development Agreement and in conjunction with
the Transportation Demand Management Plan, upon Phase
II implementation.

F.5 EV Charging Stations
Electric Vehicle Charging stations will be provided in accordance with 2022 SMMC Section 9.28.160.

F.6 Carpool/Vanpool Parking
Consistent with the Development Agreement, a portion of the new parking spaces required in Section F.3 above shall be designated as preferential parking for carpools/vanpools with the following minimum requirements: parking garages with 50- 99 parking spaces have 1 preferential parking space, parking garages with 100-199 parking spaces have 2 preferential parking spaces, parking garages with 200 parking spaces and greater have 3 preferential parking spaces plus 1 preferential parking space for every 50 spaces. If demand for carpool/ vanpool parking exceeds the amount provided, as indicated by the annual TDM Plan and Phase II Parking Management Plan reports, additional preferential carpool/vanpool parking shall be designated in order to meet the demand.

G. BICYCLE AMENITIES
G.1 Bicycle Parking
Figure III-10, Bicycle Circulation Plan, shows potential locations of both long-term and short-term bicycle parking that will be provided throughout the north and south campuses. The
number of long-term and short-term bicycle parking spaces for Phase II uses shall be provided in accordance with 2022 SMMC Table 9.28.140 (e.g. for hospital uses, 1 short-term space for 4,000 square feet of floor area and 1 long-term space for 3,000 square feet of floor area). For purposes of calculating the bicycle parking and associated shower/locker requirements, the Visitor Accommodations use is considered a hotel use. In accordance with the DA, bicycle racks with capacity for 90 bicycles shall continue to be provided for Phase I in a location (or locations) that is at least as conveniently located as the most convenient automobile spaces, other than those spaces for persons with disabilities, on the north campus.

G.2 Minor Modifications
Given the campus environment and the overall number of
short-term and long-term bicycle parking spaces that will be provided as part of the Phase II Master Plan, the Community Development Director may approve modifications to the
locational and dimensional standards for bicycle parking included in 2022 SMMC Section 9.28.140.

G.3 Showers and Lockers
Showers and clothes lockers for employees will be provided throughout the north and south campuses in accordance with 2022 SMMC 9.28.170(B). The showers and lockers are sited in locations that are convenient for employee use. Access will be controlled to secure use by employees.

H. LOADING
This Phase II Master Plan provides a comprehensive, campuswide plan for Phase II patient, visitor, and materials loading.

Locations for designated loading areas on the new private driveways and streets are shown in Figure III-28. Passenger loading for the south campus is generally provided in the P1 level of the south campus subterranean parking garage.

Figure III-29A provides a conceptual layout for the P1 level of the south campus subterranean parking garage, including the passenger loading area, at full Master Plan implementation.

Figure III-29B provides a conceptual layout for the P1 level of the S1/S3 subterranean garage prior to the S4/S5 portion of the subterranean garage being built. Notwithstanding the conceptual plans, the specific layout of the P1 level (both for the S1/S3 garage and the garage upon full Master Plan implementation) will be reviewed as part of the Development Review Permit process.

Dimensions of the loading areas are specified in Table III-13. As such, the loading standards included in 2022 SMMC Section

9.28.080, including with respect to dimensions, number
of spaces, location, design, and maneuvering areas, shall not apply.

A south campus commercial loading plan (or updated
commercial loading plan) will be reviewed and approved by the Community Development Director, which approval shall not be unreasonably withheld, prior to issuance of a Certificate of Occupancy for the S3 and S4 buildings.

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
TABLE III-13: LOADING AREA DIMENSIONS
Phase II Loading Requirements
Site Dimensions and Locations Uses
Site 2I
Two 10’ x 18’ areas located within building on
ground floor Passenger loading for 20th Street Medical Building (2I) [Commercial loading to be determined during DRP] Commercial loading for 20th Street Medical Building (2I) Mullin Plaza 10’ x 90’ within Mullin Plaza driveway
Passenger loading for East Ambulatory & Acute Care
Building (2D/E) & West Ambulatory & Acute Care Building (2C) (in addition to Phase I)
Site S1
10’ x 31’ on south side of Saint John’s Way Commercial loading for Child & Family Development Center (S1)
10’ x 108’ on east side of 20th Place
Passenger loading for Child & Family Development
Center (S1) [Longer-term passenger loading/short- term
parking also available in the S1/S3 garage.]
Site S3
10’ x 30’ located at-grade in the controlled access
area south of the S1/S3 subterranean parking
garage and north of Saint John’s Way
Commercial loading for West Ambulatory Care &
Research Building (S3)
10’ x 30’ located in the S1/S3 subterranean garage. Passenger Loading for West Ambulatory Care & Research Building (S3)1
Site S4
10’ x 30’ on west side of South Campus
East Driveway
Commercial loading for Education & Conference Center
and East Ambulatory Care & Research Building (S4)
Two 10’ x 30’ areas located in the shared South
Campus subterranean garage accessed from
South Campus West Driveway and South Campus
East Driveway
Passenger Loading for West Ambulatory Care & Research
Building (S3) and Education & Conference Center and
East Ambulatory Care & Research Building (S4)
Site S5 10’ x 30’ West side of Service Access Road Commercial loading for Visitor Housing (S5) Phase I Existing Phase I Loading Dock
Commercial loading for West Ambulatory & Acute Care
Building (2C) and East Ambulatory & Acute Care Building (2D/E) (in addition to Phase I)
NOTE:

1. This would be the location for passenger loading in the S1/S3 garage until the S4/S5 subterranean parking garage is completed. Once the S4/S5 garage is completed, the passenger loading for both S3 and S4 is proposed to be provided in the shared subterranean garage.

FIGURE III-28: PROPOSED VEHICULAR LOADING ZONES

PROPOSED LOADING ZONES

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52 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
FIGURE 21.2: South Campus Level P1 Load
Completion
FIGURE III-29A: SOUTH CAMPUS CONCEPTUAL SUBTERRANEAN LOADING AT FULL MASTER PLAN IMPLEMENTATION FIGURE IIII-29B: SOUTH CAMPUS CONCEPTUAL LEVEL P1 LOADING CONCEPT AT S1/S3

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III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
I. SUSTAINABILITY AND RESILIENCY
Sustainability and resiliency have been incorporated into the planning for this Phase II Master Plan, including with respect to site selection for buildings, location of specific uses in proximity to other uses, prioritization of pedestrian and bicycle circulation in and around and to the Campus Property, and minimizing single-occupancy vehicle use and vehicles circulating around and to the area. Sustainability strategies will be considered early in the design stage of individual Phase II buildings and will vary based on the building’s uses and location. Sustainability strategies and measures to be considered include, but are not limited to, optimizing passive strategies, operable windows, solar photovoltaic panels, solar water heating, green roofs, low-flow fixtures, high-performance building envelopes, energyefficient HVAC and lighting systems, and interior materials with low volatile organic compounds (VOCs). In addition, the Phase II Developments shall be governed by the sustainability requirements below.

I.1 Water Mitigation
Phase II developments shall comply with the water consumption limits and in-lieu fees contained in the DA.

I.2 Urban Runoff
Phase II developments, shall comply with the urban runoff, conservation and sustainable management requirements
contained in the DA.

I.3 Resilient Design
Resilient design has and will continue to be incorporated into the future planning for this Phase II Master Plan based on the critical services provided by Saint John’s to the City of Santa Monica and the need for those vital services to remain operational during catastrophic events. Healthcare centers are comprised of more than just the hospital. To operate they require many support functions which occur outside of the hospital building which is why Saint John’s takes a holistic approach to the development of its resiliency in the Phase II Master Plan.

For healthcare related projects, life safety is a key concern and includes the design of alternative/back-up power systems; fire protection sprinkler and standpipe systems; multi-purpose and emergency lighting systems; HVAC redundant systems for operational stability; water storage on site (fire and potable) and on-site storage for sanitary to ensure continued service. Other resiliency items that may be included in Phase II buildings, as appropriate, include specifying durable and robust materials and construction methods; passive thermal safety and thermal comfort strategies; safer design for extreme weather (location of emergency generators above possible flooding for example) and considerations for wildfire & seismic events.

I.4 Transportation Demand Management
Phase I and Phase II buildings shall be governed by the revised Transportation Demand Management plan contained in the
DA. This Plan seeks to reduce reliance on single-occupancy vehicle use by incentivizing and promoting alternative modes of transportation.

J. WATER AND SEWER INFRASTRUCTURE
Because of the extended vesting period granted to Providence Saint John’s as part of the Development Agreement, and the potential future development that may occur Citywide during the intervening period, Providence Saint John’s will consult with the City Engineer to discuss the timing and content for preparation of an updated water and sewer study(ies) to be reviewed and approved by the City Engineer, unless determined in the City Engineer’s sole and absolute professional judgment to be unnecessary. If a water or sewer study(ies) is required by the City Engineer, Providence Saint John’s will submit the updated water and sewer study(ies) concurrently with its application for a Development Review Permit or Administrative Approval for each Phase II Building.

The updated study(ies) will determine water and sewer demand from the proposed Phase II Building, and any upgrades required to the City’s water and sewer infrastructure to meet the demand from the proposed Phase II Building, based upon then existing conditions.

The City Engineer’s requirements shall be documented as part of off-site improvement policies, standards, and best practices in effect at the time that a proposed development application for a Phase II Building Site is deemed complete. As required by the Development Agreement, Saint John’s shall provide the City with subsurface easements to any 1) areas where new public water or sewer lines may be relocated and 2) any areas which would have to be accessed for maintenance to a Phase II Development Site, subject to required conditions of utility access, as reasonably determined by the City Engineer.

J.1. Water Infrastructure
To inform this Master Plan and accompanying environmental review a preliminary Fire & Domestic Water Study dated
August 2018 was prepared to analyze the proposed Phase
II development, Appendix D. The Study recommended two
options for relocation of water lines impacted by development, see Figure III-30.

As previously noted Saint John’s shall consult the City Engineer regarding improvements, modification, timing, and/or the need for additional studies related to wet infrastructure. Additionally pursuant to the Development Agreement, Saint John’s shall provide the City with easements to any areas where new public water lines are located on Phase II Development Sites.

J.2. Sewer Infrastructure
In processing the Phase II Master Plan, Saint John’s also completed a Sanitary Sewer Study dated April 2019 prepared in connection with the Phase II development, attached as Appendix E. The projected up-sizing and modifications required to accommodate Phase II development are shown on Figure III-31, these preliminary plans are subject to review by the City Engineer.

As previously mentioned Saint John’s shall confirm with the City Engineer regarding improvements, modification, timing, and/or the need for additional studies related to the City’s sewer infrastructure in accordance with the Phase II mitigation measures of the Development Agreement. Pursuant to the
Development Agreement, Saint John’s shall provide the City with easements to areas where new public sewer lines are located on Phase II Development Sites.

K. EMERGENCY VEHICLE ACCESS
K.1 Campus Sites
Implementation of this Master Plan requires circulation improvements related to Emergency and Fire Department
access as detailed throughout Section E, Mobility Plan, of this Chapter.

K.2 Adjacent Property Access
Prior to closure of all or a portion of surface Parking Lot H located immediately south of the existing Geneva Plaza senior housing building, Providence Saint John’s will work with the Santa Monica Fire Department and the property
owner to ensure adequate access to the Geneva Plaza site.

One proposed solution is to install a pedestrian access gate in the concrete masonry wall located parallel to Broadway on the southern boundary of the Geneva Plaza site (assessor parcel number: 4275-007-010). The new pedestrian access gate would be constructed and installed in accordance with the standards required by the Santa Monica Fire Department and would provide fire fighters access to the west and south sides of the building.

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54 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
LEGEND:

OPTION 1 WATER LINE ROUTING:

OPTION 2 WATER LINE ROUTING:

PROPOSED OPTION 1 LATERAL:

PROPOSED OPTION 2 LATERAL:

W
NOTE: LOCATION OF EXISTING AND PROPOSED SERVICES ARE
APPROXIMATE LOCATIONS AND ARE SCHEMATIC. PLEASE

CONSULT ASBUILTS AND SURVEY FOR MORE ACCURATE
LOCATION.

WATER SERVICE
OPTION 2 EXPLANATION
Option 2 for the proposed Providence St. John's Campus consists of the removal of the existing 12" ACP water line in the north half of 21st Street to accommodate for the proposed subterranean parking of Building S4. The line will be capped at the extent of the removal. In addition to cutting and capping the existing line, a new water main is proposed between S1 and S3 where it will then turn North along the proposed South Campus West Driveway. The line would connect to the existing main in Santa Monica Blvd. Building S1 and S3 could be serviced by the proposed main in South Campus West Driveway. Buildings S5 and S2 will connect to the existing water main in Broadway. Building S4 will connect to the existing water main in Santa Monica Blvd. The existing residential buildings (not part of PSJ's property) would connect to the remaining water line in the southern portion of 21st Street.

W
OPTION 1 EXPLANATION
Option 1 for the proposed Providence St. John's Campus consists of removing and replacing the existing 12" ACP in 21st street and routing the new water line at the ceiling of the proposed subterranean parking of S4. Buildings S4 and S3 can be serviced by this line or by the line on Santa Monica Blvd. S1 can be serviced by the existing line in 21st Street or the existing line in Broadway. Lateral locations are subject to change.
01-23-2020

W W W W W W W W W
W
W
W
W
W
W

W W W W W W W W W W W W
12" ACP
12" DIP
W
W
W
W
OPTION 2
W
W
W
W
W
8" ACP
OPTION 1: REMOVE
AND REPLACE 12"

ACP WATER LINE

IN PLACE
OPTION 2: REMOVE
12" ACP WATER
LINE
FIGURE III-30: PROPOSED WATER SERVICE PLAN
Note: Location of existing and proposed services are approximate and are schematic. Please consult asbuilts and survey for more accurate location information.

OPTION 1:

Option 1 for the proposed Providence St. John’s Campus consists of removing and replacing the existing 12” ACP in 21st Street and routing the new water line above or on the ceiling of the proposed subterranean parking of S4. Development on S4 and S3 can be potentially serviced by this line or by the line on Santa Monica Blvd. S1 can be potentially serviced by the existing line in 21st Street or the existing line in Broadway Avenue. Lateral locations are subject to change
OPTION 2:

Option 2 for the proposed Providence St. John’s Campus consists of the removal of the existing 12” ACP water line in the north half of 21st Street to accommodate for the proposed subterranean parking of S4. The line will be capped at the extent of the removal.

In addition to cutting and capping the existing line, a new water main is proposed between S1 and S3 where it will then turn north along the proposed South Campus West Driveway. The line would connect to the existing main in Santa Monica Blvd.

S1 and S3 could be serviced by the proposed main in South Campus West Driveway. Buildings S5 and S2 would potentially connect to the existing water main in Broadway Avenue. Building S4 would potentially connect to the existing water main in Santa Monica Blvd.

LEGEND:

OPTION 1 WATER LINE ROUTING:

OPTION 2 WATER LINE ROUTING:

PROPOSED OPTION 1 LATERAL:

PROPOSED OPTION 2 LATERAL:

W
NOTE: LOCATION OF EXISTING AND PROPOSED SERVICES ARE
APPROXIMATE LOCATIONS AND ARE SCHEMATIC. PLEASE

CONSULT ASBUILTS AND SURVEY FOR MORE ACCURATE
LOCATION.

WATER SERVICE

W W W W W W W W W
W
W
W
W
W
W

W W W W W W W W W W W W
12" ACP
12" DIP
OPTION 2 EXPLANATION
Option 2 for the proposed Providence St. John's Campus consists of the removal of the existing 12" ACP water line in the north half of 21st Street to accommodate for the proposed subterranean parking of Building S4. The line will be capped at the extent of the removal. In addition to cutting and capping the existing line, a new water main is proposed between S1 and S3 where it will then turn North along the proposed South Campus West Driveway. The line would connect to the existing main in Santa Monica Blvd. Building S1 and S3 could be serviced by the proposed main in South Campus West Driveway. Buildings S5 and S2 will connect to the existing water main in Broadway Avenue. Building S4 will connect to the existing water main in Santa Monica Blvd. The existing residential buildings (not part of PSJ's property) would connect to the remaining water line in the southern portion of 21st Street.

W
W
W
W
OPTION 2
W
OPTION 1 EXPLANATION
Option 1 for the proposed Providence St. John's Campus consists of removing and replacing the existing 12" ACP in 21st street and routing the new water line at the ceiling of the proposed subterranean parking of S4. Buildings S4 and S3 can be serviced by this line or by the line on Santa Monica Blvd. S1 can be serviced by the existing line in 21st Street or the existing line in Broadway Avenue. Lateral locations are subject to change.

W
W
W
W
W
8" ACP
OPTION 1: REMOVE
AND REPLACE 12"

ACP WATER LINE

IN PLACE
OPTION 2: REMOVE
12" ACP WATER
LINE
03-28-2018
FIGURE 25: Water Service

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Packet Pg. 2223 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) 2022 55
III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
onsists of the removal of the existing 18" PVC sewer line in the north half of accommodate for the proposed subterranean parking of Building S4 . The pped at the extent of the removal. To accept the flow from Building S1 and wer line is proposed in the proposed 20th Place and South Campus West e line will connect to an existing Manhole in Santa Monica Blvd, run West Monica Blvd and turn south along the proposed 20th Place to connect to an VCP in Broadway Avenue. The proposed line is essentially parallel to the PVC line in 21st Street. It is believed that if the existing 18" PVC flows at the proposed adjacent parallel line in 20th Place should do the same. n, it may become infeasible to route the sewage from the south most portion 4 to the North to connect to the existing sewer line in Santa Monica Blvd. If the case, a sewer line is proposed to run from the south of S4, along SE connect into the existing sewer main in Broadway. Prior to the issuance of rmit for Buildings S3, S4, and 2C, additional sewer monitoring will be etermine whether additional upgrades are needed. Please see the rastructure Improvements section beginning on page 4.
2020
LEGEND:

G SEWER LINE

ED RELOCATION OF
LINE:

E LATERAL LOCATIONS:

LINE TO BE REMOVED:

E S4 ROUTING:

SS

ATION OF EXISTING AND PROPOSED SERVICES ARE
ATE LOCATIONS AND ARE SCHEMATIC. PLEASE

SBUILTS AND SURVEY FOR MORE ACCURATE
SS
SS

ER SERVICE
SS

SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS SS
18" PVC
12" VCP
SS SS
18" PVC
12" VCP

SS SS SS SS SS

SS SS SS SS SS
18" PVC
21" VCP
12" VCP
SS
SS SS
Potential need to upgrade portion of 12� VCP.

Please see the Proposed Infrastructure
Improvements section beginning on page 4.
21" VCP
FIGURE III-31: PROPOSED SEWER SERVICE PLAN

SS SS SS SS SS SS SS SS SS SS
The project consists of the removal of the existing 18" PVC sewer line in the north half of 21st Street to accommodate for the proposed subterranean parking of Building S4 . The line will be capped at the extent of the removal. To accept the flow from Building S1 and S3 a new sewer line is proposed in the proposed 20th Place and South Campus West Driveway. The line will connect to an existing Manhole in Santa Monica Blvd, run West along Santa Monica Blvd and turn south along the proposed 20th Place to connect to an existing 12" VCP in Broadway Avenue. The proposed line is essentially parallel to the existing 18" PVC line in 21st Street. It is believed that if the existing 18" PVC flows adequately that the proposed adjacent parallel line in 20th Place should do the same.

During design, it may become infeasible to route the sewage from the south most portion of Building S4 to the North to connect to the existing sewer line in Santa Monica Blvd. If this becomes the case, a sewer line is proposed to run from the south of S4, along SE Driveway and connect into the existing sewer main in Broadway. Prior to the issuance of a building permit for Buildings S3, S4, and 2C, additional sewer monitoring will be required to determine whether additional upgrades are needed. Please see the Proposed Infrastructure Improvements section beginning on page 4 04-2019
LEGEND:

EXISTING SEWER LINE

PROPOSED RELOCATION OF
SEWER LINE:

POSSIBLE LATERAL LOCATIONS:

SEWER LINE TO BE REMOVED:

POSSIBLE S4 ROUTING:

SS
NOTE: LOCATION OF EXISTING AND PROPOSED SERVICES ARE
APPROXIMATE LOCATIONS AND ARE SCHEMATIC. PLEASE

CONSULT ASBUILTS AND SURVEY FOR MORE ACCURATE
LOCATION.

SS
SS

SEWER SERVICE

SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS SS
18" PVC
12" VCP
SS SS
18" PVC
12" VCP

SS SS SS SS SS

SS SS SS SS SS
18" PVC
21" VCP
12" VCP
SS
SS
SS
SS
21" VCP Potential need to upgrade portion of 12” VCP.

Please see the Proposed Infrastructure
Improvements section beginning on page 4.

FIGURE 26: Sewer Service
of the SJ Phase II
Sewer Study.

NOTES:

Location of existing and proposed services are approximate and are schematic.

Please consult asbuilts and survey for more accurate location information.

Implementation of the Master Plan will require the removal of the existing 18” PVC sewer line in the north half of 21st Street to accommodate for the proposed subterranean parking of a building on S4. The line will be capped at the extent of the removal. To accept the flow from development of S1 and S3 a new sewer line is proposed in the proposed 20th Place and South Campus West Driveway. The line will connect to an existing Manhole in Santa Monica Blvd, run west along Santa Monica Blvd and turn south along the proposed 20th Place to connect to an existing 12” PVC in Broadway Avenue. The proposed line would be parallel to the existing 18” PVC line in 21st Street.

During design, it may become infeasible to route the sewage from the south most portion of site S4 to the north to connect to the existing sewer line in Santa Monica Blvd. If this becomes the case, a private sewer laterial is proposed to run from the south portion of S4, along SE Driveway and connect into the existing sewer main in Broadway. Prior to the issuance of a building permit for S3, S4, and 2C, additional sewer monitoring will be required to determine whether additional upgrades are needed.

See also Appendix E, Phase II Sewer Study.

Potential need to upgrade portion of 12” VCP
Please see the Proposed Infrastructure improvements section beginning on page 4 of Appendix E.
(PRIVATE)

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Packet Pg. 2224 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) III. DEVELOPMENT STANDARDS, PROGRAM AND DESIGN
56 PROVIDENCE SAINT JOHN’S PHASE II MASTER PLAN
This page intentionally blank.

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Packet Pg. 2225 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

EXHIBIT “R-1”

COMMUNITY BENEFITS (AMENDED AND RESTATED)
Upon the Third Amendment Effective Date, this Exhibit “R-1” shall govern all community benefits, childcare requirements, and neighborhood protection provisions in the Development Agreement including for Phase I and Phase II. Evidence of good faith compliance with the terms of the Community Benefits Program shall be demonstrated in accordance with Section 10.2 of this Third Amendment.

1. Community Benefits Program.

1.1 Saint John’s Community Benefit Program. The City seeks to ensure through the implementation of this Exhibit “R-1” that the availability and the accessibility of health care provided by Saint John’s is maintained and expanded in accordance with the Third Amendment and the Phase II Master Plan. This Exhibit “R-1” replaces and supersedes Section 1.7 of the Original Development Agreement, as amended by the First Amendment, in its entirety, and contains all of the community benefit requirements in the Development Agreement. Evidence of good faith compliance with the terms of this Community Benefits Program shall be demonstrated in accordance with Section 10.2 of this Third Amendment.

1.1.1 Community Health Needs Assessment. As part of Saint John’s triennial comprehensive needs assessment pursuant to Health and Safety Code § 127350 et seq., Saint John’s shall include a comprehensive assessment of social determinants of health in the Santa Monica community. The City Manager shall designate a staff representative to serve on the Community Health Needs Assessment Oversight Committee. The assessment process shall engage a broad representation of the Santa Monica community including residents, the business community, other local hospitals, nonprofits, faith-based organizations and consumers of local social services. Opportunities for involvement shall be broadly advertised in local media. Saint John’s shall factor in results of this assessment when developing its annual community benefit plan. To the extent feasible, Saint John’s will share with the City data for the Santa Monicaspecific subsection of Saint John’s comprehensive community needs assessment to better inform both parties’ work in the community.

1.1.2 Homelessness Services & Services to Other Vulnerable Populations.

1.1.2(a) Total Value. From the Third Amendment Effective Date through the Term of the Development Agreement, Saint John’s shall provide cash grants to nonprofit community partners and in-kind support for homeless services and prevention, services to other vulnerable populations, and/or behavioral health programs in the community consisting of:
(i) a minimum of Five Hundred Eighty-Three Thousand,
Three Hundred Thirty-Three Dollars ($583,333.00) provided by December 31, 2022 in accordance with Section 1.1.3 of Exhibit “R-1” below;

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Packet Pg. 2226 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

(ii) a minimum of One Million Dollars ($1,000,000)
provided annually by December 31st of each year for twenty (20) years, commencing in calendar year 2023 through calendar year 2042; and
(iii) commencing December 31, 2043, a minimum of Five
Hundred Thousand Dollars ($500,000) annually through December 31, 2052. (iv) To account for inflation, the annual amounts required in this Section 1.1.2(a) of Exhibit “R-1” shall be adjusted annually as shown in Table 1.1.2 below.

TABLE 1.1.2

CASH GRANTS
(Min 80% of Total) TOTAL VALUE
2022 $ 425,000.00 $ 583,333.00
2023 $ 812,000.00 $ 1,015,000.00
2024 $ 824,180.00 $ 1,030,225.00
2025 $ 836,542.70 $ 1,045,678.38
2026 $ 849,090.84 $ 1,061,363.55
2027 $ 861,827.20 $ 1,077,284.00
2028 $ 874,754.61 $ 1,093,443.26
2029 $ 887,875.93 $ 1,109,844.91
2030 $ 901,194.07 $ 1,126,492.59
2031 $ 914,711.98 $ 1,143,389.98
2032 $ 928,432.66 $ 1,160,540.83
2033 $ 942,359.15 $ 1,177,948.94
2034 $ 956,494.54 $ 1,195,618.17
2035 $ 970,841.96 $ 1,213,552.44
2036 $ 985,404.58 $ 1,231,755.73
2037 $ 1,000,185.65 $ 1,250,232.07
2038 $ 1,015,188.44 $ 1,268,985.55
2039 $ 1,030,416.26 $ 1,288,020.33
2040 $ 1,045,872.51 $ 1,307,340.64
2041 $ 1,061,560.60 $ 1,326,950.75
2042 $ 1,077,484.01 $ 1,346,855.01
2043 $ 400,000.00 $ 500,000.00
2044 $ 406,000.00 $ 507,500.00
2045 $ 412,090.00 $ 515,112.50
2046 $ 418,271.35 $ 522,839.19
2047 $ 424,545.42 $ 530,681.78
2048 $ 430,913.60 $ 538,642.00
2049 $ 437,377.31 $ 546,721.63
2050 $ 443,937.97 $ 554,922.46
2051 $ 450,597.03 $ 563,246.29
2052 $ 457,355.99 $ 571,694.99

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Packet Pg. 2227 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

(iv) For the avoidance of doubt, cash grants from
Providence Saint John’s Health Center Affiliation Fund shall count toward the minimum value required in this Section 1.1.2(a) of Exhibit “R-1” so long as the grants are to organizations/programs meeting the criteria set forth in Section 1.1.2(b) or Section 1.1.3 of this Exhibit “R-1” as applicable.

1.1.2(b) Cash Grants. A minimum of 80% of the applicable annual value required in Section 1.1.2(a)(ii)-(iv) of this Exhibit “R-1” shall be cash grants to non-profit organizations/programs that serve populations consistent with the requirements of the City’s Human Services Grants Program, or any successor thereto. Saint John’s shall consult with subject matter experts, community stakeholders and co-funders in the grantmaking process.

Organizations/programs that are then funded by or have been funded by the City of Santa Monica’s Human Services Grant Program within the three (3) fiscal years prior to the year in which Saint John’s is making the grant are deemed as satisfying the criteria in this Section

1.1.2(b) of this Exhibit “R-1” provided that Saint John’s demonstrates that funds awarded by Saint John’s in accordance with this Section 1.1.2 shall be used by the grantee to support homelessness services and services to other vulnerable populations that are also funded by the City’s Human Services Grant Program, or any successor thereto. For other organizations/programs, Saint John’s may submit a written request to the City Council for approval that a cash grant to such organization/program would count toward the requirement in this Section 1.1.2(b) of this Exhibit “R-1”. Such request shall include documentation that the organization/program meets the criteria in this Section 1.1.2. The City Council may approve, deny or conditionally approve (e.g. specify a maximum amount or number of years for the approval) such request. If the City Council does not deny Saint John’s request for approval at a public hearing(s) within ninety (90) days, the organization/program shall be deemed approved.

1.1.2(c) Collaboration Regarding In-Kind Services. Saint John’s will meet and confer with the City Manager, or his or her designee, annually regarding any in-kind support/programs it plans to provide in satisfaction of the remaining applicable annual value required in Section 1.1.2(a)(ii)-(iv) of this Exhibit “R-1” (i.e. up to 20% of the applicable annual value). Any in-kind funding shall be limited to clearly measurable capital and/or operational contributions. If the City Manager, or his or her designee, does not respond to Saint John’s request for a meeting within thirty (30) days and/or does not schedule a meeting with Saint John’s within sixty (60) days of Saint John’s written request to meet, Saint John’s shall have no obligation to meet and confer with the City regarding its in-kind services/programs for that upcoming year.

1.1.3 2022 Community Benefits Program.

1.1.3(a) 2022 Cash Grants. By December 31, 2022, Saint John’s shall provide a minimum of Four Hundred Twenty-Five Thousand Dollars ($425,000.00) consisting of (i) cash grants to non-profit organizations/programs consistent with the requirements (other than the minimum applicable annual value) for such grants in Section 1.1.2(a) of this Exhibit “R-1”

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Packet Pg. 2228 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

and (ii) up to Fifty Thousand Dollars ($50,000.00) in cash grants to Saint Anne’s school for school nurses and operations.

1.1.3(b) 2022 In-Kind Services. Saint John’s has provided or shall provide any remaining annual value required in Section 1.1.2(a)(i) of this Exhibit “R-1” (i.e. up to $158,333.00 of the 2022 total value requirement) through in-kind services provided in calendar year 2022 in the areas of (a) lab and radiology services at no cost to patients referred by local nonprofits (e.g. Venice Family Clinic and Westside Family Health Center) and/or (b) the Child and Family Development Center.

2. Saint John’s Child Care Program.

This Section 2 of Exhibit “R-1” replaces and supersedes Section 1.8 of the Original Development Agreement, as amended by the First Amendment, in its entirety.

2.1 Phase I. During the entire Term, Saint John’s shall provide childcare services for Phase I in accordance with the following requirements:

2.1.1 Phase I Program Capacity.

2.1.1(a) Saint John’s shall continue to provide forty-nine (49) spaces of full-day childcare for its employees and the community (“required level of service”), or as further specified in Section 2.1.2, (the “Phase I Child Care”).

2.1.1(b) Within the required level of service, Saint John’s shall provide a minimum of twenty-one (21) full-day infant/toddler spaces.

2.1.1(c) Saint John’s may continue to provide the Phase I Child Care in its current building and location on Phase II Site 2I or may move it to the South Campus once the new building on Phase II Site S1 obtains its Certificate of Occupancy and is licensed for childcare.

2.1.2 Phase I Program Operations.

2.1.2(a) Saint John’s shall offer full-day programming for all required spaces.

2.1.2(b) The minimum full day program shall be eleven (11) hours per day, five (5) days per week. Saint John’s shall consider the coverage needs of its employees when establishing hours of operation.

2.1.2(c) Saint John’s childcare program shall operate at a minimum annual capacity of 85%, based on an average occupancy rate for each 12-month period.

2.1.2(d) Saint John’s childcare program shall meet all State childcare and early education rules and regulations. In addition, Saint John’s childcare program shall be in

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Packet Pg. 2229 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

compliance with the National Association for the Education of Young Children accreditation standards for center-based programs, or comparable successor standards.

2.1.3 Phase I Enrollment Priorities.

For any available space, enrollment priority shall be given to: (1) children of Saint John’s employees desiring full-time childcare, (2) children of Saint John’s employees desiring part-time care as long as that full-time space will be shared by that employee with another Saint John’s employee desiring care for the remaining time for that space, (3) children of Santa Monica residents desiring full-time childcare, and (4) children of those working in Santa Monica.

2.1.4 Phase I Community Access and Affordability.

2.1.4(a) Saint John’s shall conduct ongoing outreach to inform employees and the community about Saint John’s childcare program. At the request of the City, outreach activities shall be in multiple languages to ensure the broadest possible outreach.

2.1.4(b) Saint John’s shall maintain a waiting list for those interested in enrolling children in the childcare program.

2.1.4(c) To ensure that childcare spaces are accessible to lower-income employees and community members, Saint John’s shall provide a minimum level of tuition subsidies for lower-income families on an annual basis. This minimum annual tuition subsidy shall not be less than 25% of the total tuition that would be charged for all forty-nine (49) spaces if each space were billed at the full tuition rate for that year. First priority shall be given to Saint John’s employees and second priority to Santa Monica residents. Partial or full tuition subsidies shall be awarded based upon need, using family income, family size, and current financial circumstances as criteria. The lowest compensated Saint John’s employees shall receive priority for the tuition subsidy.

2.1.4(d) Childcare tuition shall not exceed the tuition charged by other full-day non-profit infant/toddler and pre-school programs in the City of Santa Monica with a comparable level of service and quality of care.

2.1.4(e) If Saint John’s chooses to operate the childcare program through an outside operator, Saint John’s shall cover the following costs and shall not pass through these costs to the outside operator: facility rent, facility maintenance, linen service, children’s meals, and indirect administrative costs.

2.1.5 Phase I Employee Wages and Benefits. Saint John’s, or any contractor retained to provide the required childcare services, shall provide its childcare employees with wage and benefit compensation that is comparable to other accredited centers on the Westside of Los Angeles.

2.2 Phase II Expanded Child Care Program.

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Packet Pg. 2230 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

Pursuant to the requirements of this Section 2.2, Saint John’s shall provide an expanded childcare program to address childcare needs generated by Phase II development. The Phase I childcare obligations contained in Section 2.1 of Exhibit “R-1” shall continue to govern except as modified herein or as may be modified by the future Phase II Child Care Implementation Plan approved by the Community Development Director pursuant to Section

2.2.5 of Exhibit “R-1” below.

2.2.1 Phase II Expanded Program Operations.

2.2.1(a) Saint John’s Phase II childcare program may be provided in the existing Child and Family Development Center building as part of the Phase I childcare program located on Phase II Site 2I and/or in a new childcare facility to be developed on Phase II Site S1 once the new building on Phase II Site S1 obtains its Certificate of Occupancy and is licensed for childcare.

2.2.1(b) The program shall meet all applicable State childcare and early education rules and regulations and shall be in compliance with accreditation standards of the National Association for the Education of Young Children for center-based programs or the National Association for Family Child Care for in-home programs, or comparable successor standards.

2.2.1(c) The first priority for ten percent (10%) of the additional childcare spaces shall be children of Santa Monica residents that are not children of Saint John’s employees. For the remaining childcare spaces, enrollment priorities shall be established in accordance with Section 2.1.3 of this Exhibit “R-1” except to the extent that any part-time childcare spaces are provided. For any part-time childcare spaces, enrollment priority shall be established in the following order for each available space: 1) children of Saint John’s employees, 2) children of Santa Monica residents, and 3) children of those working in Santa Monica.

2.2.2 Phase II Service Expansion.

Saint John’s shall consider implementing programs that address special childcare needs, such as care during evening or non-traditional childcare hours, sick childcare and any other identified need.

2.2.3 Phase II Community Access and Affordability.

2.2.3(a) Saint John’s Phase II childcare program shall be broadly advertised through a comprehensive community outreach program to its employees and community members. At the request of the City, outreach activities shall be in multiple languages to ensure the broadest possible outreach.

2.2.3(b) Saint John’s Phase II childcare program shall include a fee/scholarship structure targeting those in need of assistance to access quality childcare that

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Packet Pg. 2231 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

provides access by lower-income employees and lower-income Santa Monica residents with a first priority for lower-income Santa Monica residents.

2.2.4 Phase II Child Care Program Licensed and Operational Capacity. Saint John’s shall provide the following:

2.2.4(a) Operational Capacity. Based on the results of the Child Care Needs Assessment for Phase II (Recital “M” of the Third Amendment), the Phase II child care demand shall be accommodated through additional child care spaces that Saint John’s may elect to phase in over time in accordance with the below schedule which provides the additional minimum annual operational capacity (number of child care spaces) for Phase II that must be provided before issuance of the Certificate of Occupancy for the various Phase II Buildings:

Phase II Building
Additional Minimum Operational
Child Care Spaces for Phase II
Development*
The earlier of the Phase II Building on Site
2C, S1, or S3.
3 spaces
Site 2I Phase II Building 3 spaces
Site S4 Phase II Building 3 spaces
Site 2D/E Phase II Building 2 spaces
NOTE:
*The minimum annual operational capacity shall be based on an average occupancy rate for each 12-month period.

Any Development Review Permit application for one or more Phase II Buildings shall confirm that the increased operational capacity in accordance with this Section 2.2.4(a) can be accommodated (either within the existing building on Phase II Site 2I or the new building on Phase II Site S1) before issuance of the Certificate of Occupancy for the respective building.

2.2.4(b) New Facility Size. Prior to the demolition of the existing Child and Family Development Center building on Phase II Site 2I, Saint John’s shall construct a new building on South Campus Phase II Site S1 that will accommodate the Phase I and Phase II child care programs and will include five (5) classrooms and an expanded child care program with a minimum capacity for seventy-one (71) licensed child care spaces; provided however that the childcare program’s minimum operational capacity shall be in accordance with Section 2.1.2(c) and Section 2.2.4(a) of Exhibit “R-1” above. The childcare (Day Care use) portion of the building shall satisfy the space requirements for childcare centers in accordance with the California Code of Regulations, including the minimum indoor and outdoor activity space required based on the childcare facility’s licensed capacity.

2.2.4(c) Classroom Types. The Phase I and Phase II childcare program shall include a total of (3) classrooms for infants/toddlers and two (2) classrooms for preschool age children. Notwithstanding the foregoing, all classrooms in the new facility on Phase II Site S1 will be flexible to meet the childcare programming needs and be available for other uses

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Packet Pg. 2232 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-1”

(indoor playroom, multi-purpose room, etc.). The flexibility is needed to address potential changes in childcare demand for any age group.

2.2.4(d) New Facility Parking and Loading. Passenger loading and parking for the new facility on Phase II Site S1 shall be provided in accordance with the Phase II Master Plan Standards (Exhibit “Q”).

2.2.4(e) New Facility Design. Prior to filing a Development Review Permit application for a new childcare facility on Phase II Site S1, Saint John’s shall work closely with design professionals experienced in the design of childcare facilities to design a facility that specifically meets childcare needs.

2.2.5 Phase II Child Care Implementation Plan. Prior to or concurrent with Saint John’s filing an application for a Development Review Permit for the new Child & Family Development Center (S1), Saint John’s shall submit to the City a proposed Phase II Child Care Implementation Plan that includes the following programmatic requirements:
- scope of the Phase II childcare program including the numbers and ages of children to be served, and hours and days of operation; - staffing plan and general salary schedules and/or ranges; - employee and community outreach program; and
- fee/scholarship structure to ensure access by lower-income employees and residents.

2.2.5(a) Prior to the issuance of a Certificate of Occupancy for the new Child & Family Development Center (S1), the Community Development Director shall review and approve the proposed Phase II Child Care Implementation Plan. The Community Development Director’s review shall include, but not be limited to, the extent to which: 1) the community outreach program adequately informs employees and residents of the program; 2) the proposed fee/scholarship structure addresses the need for access by lower-income employees and residents; and 3) ensuring the proposed program and facilities meet the State requirements and meet or are designed to meet the national accreditation standards.

2.2.6 Child Care Linkage Fee. The childcare requirements in Section 2.2 of this Exhibit “R-1” shall be required instead of payment of a Child Care Linkage Fee pursuant to 2022 SMMC Chapter 9.65, or successor thereto, and Saint John’s shall not be required to pay any Child Care Linkage Fee as a condition of approval of any Phase II development. Notwithstanding the foregoing, if childcare for Phase I or Phase II is not provided on the S1 Site pursuant to Section

2.2.4(b) of this Exhibit “R-1”, Saint John’s shall pay an Early Childhood Initiatives contribution to the City prior to issuance of the building permit for the S1/S3 development sites in the amount of Three-Hundred Thousand Dollars ($300,000.00). The City shall utilize this contribution to support early childhood initiatives including but not limited to infant, toddler and pre-school tuition subsidies; family support and parent engagement strategies; home visitation programs; facility and playground improvements and kindergarten readiness models. The City shall deposit

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such monies into a separate restricted account to be used exclusively for the early childhood initiatives as described above through guidelines to be established by the City.

2.2.7 This Section 2.2 shall apply for the Term of the Development Agreement.

2.3 Reporting and Modification of Phase I and Phase II Child Care Programs.

2.3.1 Annual Report. The below reporting requirements shall continue to apply to Phase I and will be expanded to cover the increased childcare obligations associated with Phase II once the Certificate of Occupancy for the first Phase II Building (other than the Phase II Multifamily Housing building (S2)) is issued.

2.3.1(a) Saint John’s shall submit an annual report to the City specifying: 1) the number of total licensed spaces available by program component and the average occupancy rate for the year; 2) the number of infants, toddlers and preschoolers served; 3) the number of children with special needs served by each program component; 4) the number of children receiving tuition subsidies, including family income and the number of children in the family; 5) the total dollar amount expended for tuition subsidies; 6) the number of children of Saint John’s employees served and the number using (a) part-day and part-time and (b) full-day schedules; 7) the number of Santa Monica residents and employees working in Santa Monica served; 8) the number and needs of those on the waiting list; 9) a list of in-kind services provided pursuant to this Development Agreement with certification that these costs were not passed through to an outside operator, if contracted; 10) the salary schedule and summary of benefits for employment positions at Saint John’s (or Saint John’s contractor’s employment positions) working in the child care program; and 11) significant trends or program changes.

2.3.1(b) The annual report shall be submitted to the City’s Community Development Director by April 30th of each year (covering the prior calendar year). The City’s Community Development Director shall review the report and respond to any requested program changes within sixty (60) days of the submittal pursuant to Section 2.3.2 of this Exhibit “R-1”.

2.3.2 Program Changes.

2.3.2(a) Saint John’s may include, in the annual report, requests to make modifications to the required childcare program based on changing childcare needs and demand for services. Such requests shall be accompanied by full documentation on the changing childcare needs and demand for services that led to the request.

2.3.2(b) Saint John’s shall not change the operations of its childcare services without prior review and written approval by the City’s Community Development Director if such change would alter or modify the operation of Saint John’s childcare program as mandated by Section 2 of Exhibit “R-1”. Saint John’s may change features of its childcare services not required in this Section 2 of Exhibit “R-1” without seeking City approval.

2.3.2(c) The City’s Community Development Director, or his/her designee, shall review and approve, at his/her reasonable discretion, proposed program changes

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based on the following criteria: 1) the proposal will address an unmet child care need for Saint John’s employees and/or Santa Monica residents, 2) the proposal does not result in a gap in child care services for infants and toddlers in the community, 3) the proposal does not supplant currently utilized community child care resources, 4) the proposal will not result in disruption to those currently being served, and 5) the proposal meets the required level of service as specified in the Development Agreement.

3. Phase II Additional Community Benefits.

3.1 Additional Community Benefits – Monetary Contribution for Santa Monica Behavioral Health Initiatives.

3.1.1 Monetary Contribution. Saint John’s shall make monetary contributions as described in this section to the City of Santa Monica to help expand community access to Santa Monica Behavioral Health Initiatives. City may use these funds for capital needs, operational funding, and in-kind staffing for a behavioral health center and/or for other City sponsored programs to address the community’s behavioral and/or mental health needs.

3.1.1(a) Within one-hundred eighty (180) days after the Third Amendment Effective Date, Saint John’s shall pay the sum of Five Million Dollars ($5,000,000) to the City.

3.1.1(b) Saint John’s shall pay the additional sum of Five Million Dollars ($5,000,000) to the City upon the earlier of: (a) one-hundred (100) days after the effective date of the final City approval (including any reconsideration, appeal, or remand) of the Development Review Permit for the first Phase II Building (excluding the Phase II Multifamily Housing building (S2)), or (b) five (5) years after the Third Amendment Effective Date.

Notwithstanding the foregoing, if this additional sum is not paid within three (3) years after the Third Amendment Effective Date, this sum shall be adjusted commencing January 1, 2025 and annually thereafter by one and a half percent (1.5%). Notwithstanding Third Amendment Section 2.13, upon submittal of a complete Development Review Permit application for the first Phase II Building (excluding the Phase II Multifamily Housing building (S2)), the City shall bring such application forward for a Planning Commission public hearing within one-hundred twenty (120) days of the receipt of a complete application.

3.1.2 Collaboration Regarding Use of Funds.

3.1.2(a) Within sixty (60) days of the Third Amendment
Effective Date, Saint John’s may request a meeting to confer with the City Manager, or his or her designee, to discuss and determine the most effective use of the funds required by Section 3.1.1 of Exhibit “R-1”. Notwithstanding the foregoing, the City Council, after a City-led public engagement process and public hearing on the allocation of these funds, shall have the right to allocate these funds to expand community access to behavioral health services, including a

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potential behavioral health center, as determined in the sole and absolute discretion of the City Council.

3.1.2(b) Saint John’s shall support the City’s community engagement process for the development of Santa Monica Behavioral Health Initiatives by actively participating in planning meetings and making good faith efforts to provide subject matter experts and leverage existing partnerships to help advance the City’s behavioral health goals and priorities.

3.2 Child and Family Development Center Child Youth Development Project.

Beginning on July 1, 2023 through the Term, Saint John’s shall continue its Child Youth Development Project (or a substantially similar program) without City funding (Saint John’s had historically received City grants of approximately $315,000 annually to subsidize this program).

The Child Youth Development Project shall provide direct services to children and families who have been impacted by community violence, familial discord, poverty, substance abuse, and/or trauma. These services may include, but are not limited to:

3.2.1 individual and family therapy, group therapy, case management, parent training and teacher consultations;

3.2.2 participation in the Santa Monica-Malibu Unified School District’s Wellness Center collaborative by serving older youth in Santa Monica and/or Olympic High School,

3.2.3 monthly programming at Santa Monica-Malibu Unified School District and/or community locations with clearly defined summer activities,

3.2.4 maintaining a bilingual (Spanish-English) licensed clinician or masterslevel clinician registered for licensure with the California State Board of Behavioral Sciences at each school site so long as a person with such qualifications is available for hire,

3.2.5 referring families from Santa Monica-Malibu Unified School District inschool programs to appropriate agencies for services based on individual familial needs,

3.2.6 active participation in Santa Monica Cradle To Career (“smC2C”) impact meetings and initiatives, including smC2C work groups, Child and Youth Resource Teams, Early Childhood Task Force, Educational Collaborative and Behavioral Health Work Group to the extent such programs/groups continue to exist, and

3.2.7 working with youth and family networks of care and the City to provide support to individuals and families who may require agency expertise in the aftermath of a serious community crisis. A community crisis includes without limitation traumatic events or emergency conditions that create distress, hardship, fear or grief that significantly impact the Santa Monica community.

3.2.8 This Section 3.2 shall apply for the Term of the Development Agreement.

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3.3 Community Access to Phase II Community-Oriented Facilities. Santa Monica residents shall have access to any Phase II community-oriented facilities as follows:

3.3.1 If and when a new Education & Conference Center on the South Campus is open, space shall be made available within the Education & Conference Center for use by City departments, community groups, and local nonprofit organizations for meetings and programs that are consistent with Saint John’s mission, subject to the following conditions:

3.3.1(a) Saint John’s will make such space available twelve (12) times per year for groups of up to 30 people, subject to availability. Reservations must occur a minimum of 72 hours prior to a proposed use of space. Special larger capacity events including at the fixed seat auditorium will be considered based on available space.

3.3.1(b) Saint John’s may require a reasonable cleaning deposit for each use of space, based on the size of the space used, attendance, and nature of the use of that space.

3.3.1(c) Saint John’s may pass through a reasonable staffing cost for events scheduled at times when the Education & Conference Center is otherwise closed, similar to costs charged by the City for City meeting facilities.

3.3.1(d) Saint John’s may require users of space to provide proof of insurance for events prior to confirming a reservation.

3.3.2 To the extent that Saint John’s hosts conferences, meetings, or events that are open to the public at the Education & Conference Center for which admission is charged, discounted admission pricing will be available for Santa Monica residents.

3.3.3 This Section 3.3 shall apply for the Term of the Development Agreement.

3.4 Phase II Open Space, including Publicly-Accessible Open Space and 24/7 Pedestrian Connections.

3.4.1 For Phase II Vested Development(s), Saint John’s shall provide substantial open space, including Publicly-Accessible Open Space and 24/7 Pedestrian Connections, in accordance with Section 2.11 of the Third Amendment and the Phase II Master Plan Standards (“Exhibit Q”).

3.4.2 For Phase II Vested Development(s), the open space requirements in Section 3.4.1 of this Exhibit “R-1” shall be required instead of payment of the Parks and Recreation Development Impact Fee in 2022 SMMC Chapter 9.67 (including any adjustments to account for inflation in accordance with SMMC Section 9.67.080), and if applicable, 2022 SMMC Section 9.23.030(C) (collectively the “Parks Fee”), and any successors thereto.

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3.5 Phase II Vehicle, Bicycle and Pedestrian Infrastructure Improvements and Enhanced Transportation Demand Management.

3.5.1 For Phase II Vested Development(s), the Phase II Master Plan Standards (Exhibit “Q”) require Saint John’s to make certain vehicle, pedestrian and bicycle infrastructure improvements (“Transportation Infrastructure Improvements”) as part of the Phase II developments.
(a) For Phase II Vested Development(s) with Planning Application(s) filed and deemed complete within ten (10) years of the Third Amendment Effective Date, the Traffic Infrastructure Improvements in Section 3.5.1 of this Exhibit “R-1” shall be required in addition to the payment of the Transportation Impact Fee (“TIF”) in 2022 SMMC Chapter 9.66 (including any adjustments to account for inflation in accordance with 2022 SMMC Section

9.66.080). For Phase II Vested Development(s) with Planning Application(s) filed after a period ten (10) years after the Third Amendment Effective Date, the TIF then in effect shall apply. (b) Saint John’s may request that up to $50,000 of the TIF for each Phase II development be used by Saint John’s (rather than being paid to the City) for transportation demand management measures beyond those required by the Phase II Transportation Demand Management Plan Upon Phase II Implementation (Exhibit “R-2”).

Saint John’s request shall specify the proposed use of the funds and be submitted in writing to the Community Development Director for approval at least thirty (30) days prior to building permit issuance for the applicable Phase II development. If the City’s Community Development Director does not respond within 60 days of Saint John’s submittal of the request, the request shall be deemed approved.

3.5.2 For the Term of the Development Agreement, for purposes of calculating the TIF, (a) the hospital rate shall apply to the following uses: Hospital/Healthcare, Health & Wellness Center, Medical Research Facilities, Education & Conference Center, and Child & Family Development Center; (b) the lodging rate shall apply to “Visitor Accommodations”; and (c) the retail rate shall apply to Neighborhood Commercial Uses, Restaurant and Health-Related Services.

3.5.3 For Phase II Vested Development(s), the Transportation Demand Management Plan Upon Phase II Implementation (Exhibit “R-2”) shall apply instead of the Developer TDM requirements in 2022 SMMC Ch. 9.53 and 2022 SMMC Section 9.23.030(D), or successors thereto. For any Phase II Planning Applications filed after the Phase II Vesting Deadline, the City’s transportation demand requirements then in effect shall apply.

3.6 Phase II Local Hiring Programs. Saint John’s shall implement and monitor the Local Hiring Programs for Phase II as set forth in Exhibits “R-5” and “R-6”. At least sixty (60) days before recruitment is opened up to general circulation for initial hiring in all or part of the Phase II Neighborhood Commercial areas, Saint John’s or the operator of the Neighborhood Commercial space shall prepare and submit to the City’s Community Development Director for review and approval a written local hiring program consistent with the obligations under this Third Amendment for permanent employment. The approved local hiring plan may be amended

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by Saint John’s or the operator from time to time thereafter, subject to the Community Development Director’s review and approval. Failure of any Neighborhood Commercial tenant to comply with the Local Hiring Program requirements shall not constitute a Default by Saint John’s under the Development Agreement so long as such tenant’s lease requires such compliance and Saint John’s is actively pursuing reasonable enforcement actions to bring such tenant into compliance with this lease provision.

3.6.1 This Section 3.6 shall remain applicable to the Phase II Development Sites through the Term.

4. Neighborhood Protection Provisions.

4.1 Parking Adjacent to 1440 23rd Street. Until the surface parking located in Lot “H” adjacent to 1440 23rd Street is removed, Saint John’s shall maintain its approved noise reduction parking policy under which no vehicles shall be permitted to park within the designated buffer zone adjacent to the residential building located at 1440 23rd Street between the hours of 9:00 PM and 7:00 AM. Saint John’s shall also maintain the currently existing trees in the buffer zone adjacent to such residential building to screen the surface parking lot until it is removed. Once surface parking is no longer located in Lot “H” adjacent to 1440 23rd Street, this Section 4.1 of Exhibit “R-1” shall automatically expire and no longer be effective.

4.2 Security Escorts. Saint John’s shall maintain its existing program for providing security escort services for employees walking to their cars and shall not change such program in any material manner without the prior written approval of the Community Development Director.

4.3 Ombudsperson.

4.3.1 Saint John’s shall maintain at all times an employee to be Saint John’s ombudsperson with the responsibility to (i) receive questions and complaints from the surrounding neighborhood relating to parking and other operational matters affecting the neighborhood, (ii) refer questions or complaints to the appropriate Saint John’s employee for a response and/or action, (iii) follow up with the Saint John’s employee responsible for providing the relevant information or taking the appropriate action, (iv) follow up with the community individual who raised the matter to ensure that appropriate information has been provided or appropriate action taken to the extent reasonably feasible, and (v) maintain a written record of all questions and complaints received and a description of any actions taken or information provided and the name of the person responsible for doing so.

4.3.2 Saint John’s shall maintain its procedures appropriate for the ombudsperson to carry out his or her responsibilities. Saint John’s shall continue to publicize the name and contact information of the ombudsperson on Saint John’s website and in general announcements to the neighborhood and shall not make any material changes without the prior written approval of the Community Development Director.

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4.3.3 Saint John’s shall provide the information described in Section 4.3.1(v) of Exhibit “R-1” to the City as a part of Saint John’s annual development compliance report and within five (5) days following a request by the City.

4.3.4 The City shall maintain a record of the ombudsperson’s name and contact information and shall provide this information to any member of the public upon request.

4.4 Special Events Parking. Upon receipt of at least 30 days’ advance notice, Saint John’s shall make Lot “B” available up to 5 times per month for parking of fifty (50) vehicles between the hours of 7:00 p.m. to 10:00 p.m. for special events at McKinley Elementary School or other Santa Monica schools or non-profits, where additional parking may be needed. Saint John’s may charge for such parking at then-prevailing market rates and may establish reasonable rules and regulations for the use of and access to and from the parking area. Saint John’s may exclude any individuals who do not comply with such rules and regulations. Once surface parking is no longer located in Lot “B”, this Section 4.4 of Exhibit “R-1” shall automatically expire and no longer be effective.

4.5 Continuing Community Outreach. Saint John’s shall hold an annual community meeting on the Campus Property with residents in the Campus Property’s vicinity. Saint John’s shall provide at least 15 days’ prior written notice of such meeting by U.S. Mail to the City and residents and property owners within a 1,000-foot radius of the Campus Property. The purpose of the meetings will be to identify and address any issues associated with Saint John’s compliance under the Development Agreement.

4.6 Discounted Parking Rate for Persons with Disabled Person Parking Placards.

Upon the Third Amendment Effective Date, Saint John’s shall maintain a discounted daily parking rate for visitors/patients with Disabled Person license plates or placards who are visiting Saint John’s.

4.7 This Section 4 shall remain applicable through the Term.

5. Phase II South Campus Affordable Housing

5.1 Saint John’s currently has ten (10) vacant residential rental dwelling units located at 1417-1423 21st Street (“Existing Units”). Saint John’s shall have the following options with regard to the Existing Units:

5.1.1 Replace the Existing Units by building no less than ten (10) new deedrestricted residential rental dwelling units affordable to households making up to 80% of area median income based on the California Tax Credit Allocation Committee’s income and rent limits (instead of those in 2022 Zoning Code Chapter 9.64) on the South Campus (“Affordable Replacement Units”) in the location identified in the Phase II Master Plan. All Affordable Replacement Units shall be subject to a recorded rental deed restriction of not less than 99-years, in form substantially similar to the form approved by the City’s Housing Division and City Attorney to generally satisfy the deed restriction requirements in the City’s Affordable Housing Production Program in the Santa Monica Municipal Code (“AHPP Ordinance”). In the event

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that Saint John’s proposes to build more than ten (10) residential rental dwelling units, such development shall not require an amendment to this Agreement, provided that such development qualifies as a new housing development project within the meaning of California Government Code Section 65589.5(h)(2).

5.1.2 Remove the Existing Units from the rental housing market by obtaining a removal permit from the Santa Monica Rent Control Board in accordance with the requirements of the City’s Rent Control Ordinance and/or regulations in effect at the time the removal application is deemed complete by the City’s Rent Control Board (“Removal Permit”). In the event that the Removal Permit is granted, Saint John’s agrees to build the Affordable Replacement Units.

5.1.3 Nothing in this Section 5.1 precludes Saint John’s from partnering with a housing provider to develop, finance and deliver the Affordable Replacement Units.

5.1.4 Notwithstanding anything to the contrary herein, nothing in this Section

5.1 shall preclude Saint John’s from financing the development of the Affordable Replacement Units with federal or state tax credit financing, alone or in combination with other sources of public financing, in which event such units may be deed-restricted in accordance with the permitted income limits, rent limits, unit sizes, and regulations of the public financing source without an amendment to this Third Amendment and any conflicting provisions in the thenexisting Santa Monica Municipal Code shall not apply. Tenant applicants for these units shall be taken from the City-administered affordable housing waitlist.

5.2 Saint John’s may satisfy its housing obligations under this Section 5 at any time after the Third Amendment Effective Date; provided, however, no other Phase II Building on the South Campus may obtain its Certificate of Occupancy unless and until the Affordable Replacement Units have been issued a Certificate of Occupancy by the City provided however, that Phase II Buildings on the South Campus may commence construction prior to or concurrently with commencement of construction of the Affordable Replacement Units.

5.3 For Phase II Vested Development(s) with Planning Application(s) filed and deemed complete within ten (10) years of the Third Amendment Effective Date, Saint John’s shall pay the Affordable Housing Commercial Linkage Fee pursuant to 2022 Zoning Code Chapter 9.68 (including any adjustments to account for inflation in accordance with 2022 SMMC Section 9.68.080) or 2022 SMMC Section 9.23.030(A)(3). For Phase II Vested Development(s) with Planning Application(s) filed after a period ten (10) years after the Third Amendment Effective Date, Saint John’s shall pay any Affordable Housing Commercial Linkage Fee then in effect. For the Term of the Development Agreement, for purposes of calculating the Affordable Housing Commercial Linkage Fee, (a) the hospital rate shall apply to the following uses:

Hospital/Healthcare, Health & Wellness Center, Medical Research Facilities, Education & Conference Center, and Child & Family Development Center; (b) the lodging rate shall apply to “Visitor Accommodations”; and (c) the retail rate shall apply to Neighborhood Commercial Uses, Restaurant and Health-Related Services.

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5.4 For the avoidance of doubt, the Affordable Housing Production Program (2022 Zoning Code Chapter 9.64, or successor thereto) and/or housing community benefits requirements in 2022 SMMC Section 9.23.030(A)(1)-(2), or successor thereto, shall not apply to the Affordable Replacement Units or any Visitor Accommodations.

5.5 Notwithstanding the foregoing, Saint John’s may elect to provide an equivalent amount of deed-restricted Supportive Housing for households making up to 80% of area median income based on the California Tax Credit Allocation Committee’s income and rent limits instead of some or all of the required Affordable Replacement Units (unless objected to by the Rent Control Board).

5.6 This Section 5 shall remain applicable through the Term.

6. Internship/Nurse Residency Program.

6.1 Commencing in calendar year 2023 through the Term, Saint John’s must make available at least two (2) internships or nurse residencies during each school year (which for this purpose includes the following summer) to students who attend a high school in Santa Monica or Santa Monica College (or attended within three years prior to the relevant year) or are Santa Monica residents. Two (2) additional internships or nurse residencies shall also be made available no later than six (6) months after the issuance of the Certificate of Occupancy for the first Phase II Building, not including the Phase II Multifamily Housing building. All four (4) of these internships shall be paid at the City’s minimum wage unless a student requests an unpaid internship in order to obtain school credit(s) (or more school credits) for such internship. Saint John’s shall select interns in accordance with its normal practice of hiring the most qualified candidate and shall make a good faith effort to hire residents of the 90404 zip code (Pico Neighborhood) as the first priority and other Santa Monica residents as the second priority when most qualified or equally qualified as other applicants who are not residents of the 90404 zip code or Santa Monica residents, as applicable. Subject to the requirements specified in this Section 6, Saint John’s retains full discretion to establish selection criteria for, and to select, the students for the internships.

6.2 Saint John’s shall inform the City’s Director of Community Development, Santa Monica High School, Santa Monica College, Virginia Avenue Park Advisory Board, and Virginia Avenue Park Youth Employment Services of the availability of, and selection criteria for, such internships prior to the start of each school year. Not having filled both internships during each school year will not constitute a default within the meaning of the Development Agreement so long as Saint John’s has provided notice to the organizations in this Section 6.2 and advertised the availability of such internships in the Santa Monica Daily Press or similar local media.

6.3 This Section 6 shall remain applicable through the Term.

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7. Equal Opportunity Subcontracting.

7.1 The following language shall be included in all construction contracts between Saint John’s and its contractors with respect to Phase II Development Sites:
“The Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, or suppliers. The Contractor shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination or other contract remedies.”

7.2 At least thirty (30) days before recruitment of subcontractors by any of Saint John’s construction contractors, Saint John’s shall submit documentation to the Community Development Director, evidencing its construction contractors’ outreach about bid opportunities to enhance participation by all classes of subcontractors, vendors, or suppliers, including, without limitation, women business enterprises, minority business enterprises, and local business enterprises. The scope of documentation shall be reasonably determined by the Community Development Director.

7.3 This Section 7 shall remain applicable through the Term.

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EXHIBIT R-2

TRANSPORTATION DEMAND MANAGEMENT PLAN

UPON PHASE II IMPLEMENTATION

1.0 Purpose. The Saint John's Transportation Demand Management Plan (the "TDM Plan") is intended to ensure that Saint John's reduces to the extent reasonably feasible vehicle trips associated with the operation of its campus, and the parking demand associated with such vehicle trips.

2.0 Performance Standard.

2.1 Average Vehicle Ridership Standard. Saint John's commits, through its TDM Plan, to achieve a 2.0 average vehicle ridership ("AVR") during peak periods (AM and PM) by the first anniversary of the issuance of a Certificate of Occupancy for the first Phase II Building (other than the Phase II Multifamily Housing building) (“AVR Standard”). Saint John's failure to achieve the AVR Standard will not constitute a default within the meaning of the Development Agreement so long as either (a) Saint John’s is continuing to implement additional measures designed to achieve compliance with its AVR Standard pursuant to Section 2.4(a) of this TDM Plan, or (b) Saint John’s has paid the alternative compliance fee pursuant to Section

2.4(b) of this TDM Plan.

2.2 Determination of AVR. 2022 SMMC Chapter 9.53 (the “TDM Ordinance”) shall govern how AVR is calculated for the project.

2.3 AVR Monitoring Requirement. As part of the annual periodic review for the Term of the Development Agreement, the City shall monitor Saint John's performance in attaining the AVR Standard based upon cumulative employee surveys for the project undertaken for one consecutive week each year. The survey will be conducted in accordance with 2022 SMMC Section 9.53.060(B), except that zero emission vehicles shall be counted as vehicles. The survey week for the AVR monitoring shall be within three weeks of when the annual parking counts required by Section 5 of Exhibit “U” Phase II Parking Management Plan are conducted unless and until such parking counts are no longer required. The results of the AVR survey shall be due to the City on or before December 15th each year. If the AVR survey used to document Saint John’s AVR achievement pursuant to this section also meets the criteria for the AVR survey required for Saint John’s as an Employer pursuant to 2022 SMMC Sections 9.53.060 and

9.53.080 or successor thereto, then Saint John’s may use the same AVR survey for both purposes.

2.4 Modifications to TDM Plan. If the AVR Standard is not achieved, Saint John’s shall submit a list of modifications to the TDM Plan (physical and/or programmatic elements) to the Community Development Director for approval within 60 calendar days of the report submittal. The Community Development Director shall review the list of modifications and may also recommend modifications to Saint John’s TDM Plan, as appropriate, in order to ensure that the applicable AVR Standard is achieved. Upon approval of the requested changes, Saint John’s shall have 30 calendar days to implement the approved measures. Saint John’s shall then submit a follow-up monitoring report within 6 months. For purposes of the follow-up monitoring report,

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Saint John’s may elect to use one of the following methods to calculate AVR in lieu of a comprehensive employee survey: (1) Saint John’s may survey a statistically representative sample of peak period employees (based on the commute modes documented on the prior AVR survey), so long as at least 10% of all peak period employees respond; or (2) if Saint John’s has implemented an online or mobile survey tool that allows periodic or automatic reporting of employee transportation modes, Saint John’s may use some or all of the information from said tool to calculate AVR so long as the information reflects a statistically representative sample of peak period employees (based on the commute modes documented on the prior AVR survey) and includes data from at least 10% of all peak period employees. If the project continues to not achieve the applicable AVR Standard, Saint John’s, in its sole and absolute discretion, has the option of (a) continuing to implement additional measures or modifications to the TDM Plan that are reasonably designed to achieve compliance with its AVR Standard for approval by the Community Development Director; or (b) bringing the project AVR into alternative compliance through the payment of an Alternative Compliance Fee as that term is defined in SMMC Section

9.53.140(E).

3.0 TDM Plan Physical Elements.

3.1 Commute Transportation Information Display. Saint John's shall provide a display (the “Commute Transportation Information Display”) which shall be located where the greatest number of employees and visitors are likely to see it. The Commute Transportation Information Display will show:
(a) Current maps, routes and schedules for public transit routes within one half mile of the Saint John’s Campus Property;
(b) Transportation information including regional ridesharing agency, local transit operators, and certified transportation management organization (“TMO”) where available;
(c) Materials publicizing internet and telephone numbers for referrals on transportation information;
(d) Promotional materials supplied by the Los Angeles County Metropolitan Transportation Authority (“Metro”), the Big Blue Bus, and/or other publicly supported transportation organizations;
(e) Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps, bicycle safety information within one half mile of the Saint John’s Campus Property, and information on the availability of free lockers and the methods for obtaining these lockers;
(f) A listing of facilities at the site for carpoolers/vanpoolers, transit riders, bicyclists, and pedestrians, including information on the availability of preferential carpool/vanpool parking spaces and the methods for obtaining these spaces;

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(g) Walking and biking maps for employees and visitors, which shall include, but not be limited to, information about convenient local services and restaurants within walking distance of the project; and
(h) Information regarding local rental housing agencies.

3.2 Rideshare Bulletin Board. Saint John’s shall keep a rideshare bulletin located where the greatest number of employees are likely to see it and it shall be updated on an as needed basis. The Rideshare Bulletin Board may be located in the same location as the Commute Transportation Information Display provided that said location is where the greatest number of employees are likely to see it.

3.3 Bicycle Parking And Showers. Saint John's shall:
(a) For Phase I, provide bicycle racks with capacity for 90 bicycles in a location (or locations) that is at least as conveniently located as the most convenient automobile spaces, other than those spaces for persons with disabilities, on the North Campus. (b) For Phase II, provide bicycle parking in accordance with the Phase II Master Plan Standards (Exhibit “Q”) in addition to continuing to provide bicycle parking for Phase I in accordance with TDM Plan Section 3.3(a) above. (c) Provide showers and lockers for use by bicyclists and/or walkers in accordance with the Phase II Master Plan Standards (Exhibit “Q”).

3.4 Preferential Parking. Saint John’s shall dedicate a portion of the new parking spaces for carpool/vanpool parking in accordance with the Phase II Master Plan Standards (Exhibit “Q”).

4.0 TDM Plan Programmatic Elements.

4.1 Project/Employee Transportation Coordinator. A dedicated Project/Employee Transportation Coordinator ("ETC") shall manage all aspects of this TDM Plan and participate in City-sponsored workshops and information round tables. The ETC shall actively participate in the GoSaMo TMO (see Section 4.2(o) of this Exhibit “R-2”). The ETC shall be responsible for making available informational materials on rideshare options and opportunities, particularly programs that involve rideshare subsidies. In addition, transit passes will be available through the ETC to employees and visitors during typical business hours. The ETC will be at the worksite during normal business hours when the majority of employees are at the worksite and devote a minimum of thirty-five hours per week to managing the TDM Plan. The ETC will oversee the development, administration, implementation, and monitoring of all TDM Plan elements. At a minimum, the ETC and one additional Saint John’s employee will possess SCAQMD's Employee Transportation Coordinator Training Certificate or its equivalent. The ETC will be provided with a dedicated and easily accessible workspace and the tools necessary to perform his or her duties.

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Packet Pg. 2246 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-2”

4.2 Programmatic Elements.
(a) New Employee Orientation. New employees shall be provided with a summary of the TDM Plan, including incentives for using non-single-occupancy-vehicle modes of transportation to and from work.
(b) Parking Cash Out (Health and Safety Code Section 43845). If Saint John’s leases parking from a third-party for employees, Saint John’s shall comply with the parking cash out provisions of California Health and Safety Code Section 43845 if applicable. In determining the amount of the parking cash out, Saint John’s shall be permitted to use the average subsidy provided to all employees who lease parking across all of Saint John’s leased employee parking spaces because more than one employee may use a leased parking space (and therefore the subsidy to a particular employee is not equal to the difference between the amount Saint John’s is paying for a leased parking space and the amount Saint John’s is charging a particular employee for parking). If an employee elects to receive a free mass transit pass from Saint John’s pursuant to TDM Plan Section 4.2(k) below, the amount of the parking cash out shall be reduced by the cost Saint John’s incurs for providing the mass transit pass. If an employee is eligible to receive both (a) the parking cash out described in this section and (b) the Daily Transportation Allowance described in TDM Plan Section 4.2(i) or the Trial Transportation Allowance descried in TDM Plan Section 4.2(j) below, Saint John’s shall only be required to offer such employee the greater of the parking cash out and the applicable Transportation Allowance. (c) Incentives for employees that live within one half mile of the Saint John’s Campus Property. Prior to obtaining a Certificate of Occupancy for the first Phase II Building (other than the Phase II Multifamily Housing building) Saint John’s shall establish incentives for employees that live within one half mile of the Saint John’s Campus Property and submit such list of incentives to the Community Development Director for review and approval. (d) Bike Commute Information. Saint John’s shall provide information regarding availability of bike commute training offered either on-site or off-site by a third party. (e) Shared Bicycles/Mobility Devices. If Citywide bikeshare or dockless mobility devices are not available within a 2-block radius of the project site, Saint John’s shall provide free on-site shared bicycles intended for guest and employee use during the workday (e.g. Bike@Work Program).
(f) Rideshare Matching Service. Saint John's shall provide a rideshare matching service to all employees using a ride matching service (e.g. RideMatch, CommuteSM, etc.). Employees are matched upon onboarding and on demand. (g) Compressed Work Week. Saint John's shall provide a written policy regarding eligibility, participation and administration of its compressed work week program.

Saint John's employees participate in both 3/36 and 4/40 compressed work week schedules. (h) Telecommuting. Saint John's will explore the feasibility of increasing the number of its administrative staff who work remotely rather than on-site. Saint John's will increase the number of its administrative staff working remotely if and to the extent reasonably feasible.

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Packet Pg. 2247 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-2”

(i) Daily Direct Cash Subsidy/Transportation Allowance. Except for employee commute trips via mass transit (which are fully subsidized pursuant to TDM Plan Sections 4.2(j) and (k) below), Saint John's shall provide employees who use a non-singleoccupancy-vehicle commute method a daily direct cash subsidy/transportation allowance for each day that they use a non-single-occupancy-vehicle commute method equal to at least 75% of the value of a regional transit pass of the employee’s choice divided by 20 (the “Daily Transportation Allowance”). Saint John’s and City agree that the Metro EZ Pass (or a pass of no substantially greater geographic coverage in this same region) constitutes a regional transit pass and that Saint John’s shall not be obligated to pay for any pass that exceeds the cost of the Metro EZ Pass; provided, however, in the event Saint John’s is obligated to provide the parking cash out described in Section 4.2(b) above, the value of the Daily Transportation Allowance must be at least 110% of the value of the parking cash out divided by 20. An employee accepting the Daily Transportation Allowance shall be required to (i) execute a contract agreeing said employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance, and (ii) shall be required to submit a daily commute tracking form agreeing that said employee utilized an eligible non-single occupancy vehicle commute mode for at least 51% of their daily commute and did not utilize their mass transit pass for such daily commute.

The subsidies will be disbursed quarterly at a minimum. The employee must demonstrate compliance as reasonably required by Saint John’s. Any employee with an assigned vehicle parking location is not eligible to receive the Daily Transportation Allowance. If an employee is eligible to receive both (a) the parking cash out described in TDM Plan Section 4.2(b) above and (b) the Daily Transportation Allowance described in this section, Saint John’s shall only be required to offer such employee the Daily Transportation Allowance described in this section and not both.
(j) Trial Daily Direct Cash Subsidy/Transportation Allowance. For employees who have an assigned vehicle parking location, Saint John’s shall offer a trial Transportation Allowance for at least a one month period each year as an incentive for such employees to try out commute methods other than arriving to/from work in a single-occupancy vehicle (the “Trial Transportation Allowance”). The Trial Transportation Allowance shall be the same amount and have the same criteria and requirements as the Daily Transportation Allowance in Section 4.2(i) above except that employees who have an assigned vehicle parking location are eligible to receive the Trial Transportation Allowance. (k) Mass Transit - Free Passes. Upon request, Saint John's shall provide all employees who commute to/from Saint John’s via mass transit for at least 51% of their daily commute with a regional public transit pass for commute purposes free of charge. Such pass may be provided through Metro’s Employer Pass Program (E-Pass) or comparable system. An employee accepting the free mass transit pass shall be required to execute a contract agreeing said employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance. Any employee with an assigned vehicle parking location is not eligible to receive a mass transit pass. If an employee utilizes mass transit for their commute to/from Saint John’s, the employee shall not be entitled to the Daily Transportation Allowance described in Section 4.2(i) above for such days that the employee commutes via mass transit.

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Packet Pg. 2248 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-2”

(l) Customer and Visitor Program.
(l) Transportation Information. Saint John’s shall create, maintain, and distribute information on how patients, customers and visitors access Saint John’s that highlights the diverse mobility options serving the campus without prioritizing single occupancy vehicle access. The information should be made readily available to Saint John’s users via all communication channels used by Saint John’s to connect with customers and visitors. Any userspecific mobility options for specific user groups (such as seniors, persons with disabilities, lowincome individuals, etc.) should also be included. (2) Prior to obtaining a certificate of occupancy for the first Phase II Building (other than the Phase II Multifamily Housing building) Saint John’s shall submit to the Community Development Director both (a) a proposed method for collecting information about patient/visitor travel behavior to/from Saint John’s and (b) a plan with measures designed to incentivize patients and visitors to take a method other than single-occupancy vehicle to/from Saint John’s when feasible.
(3) Saint John’s shall charge its visitors and patients for parking. The amount of such parking charges shall be established and evaluated in accordance with Exhibit “U” Phase II Parking Management Plan.
(m) Guaranteed Emergency Return Trips. Saint John's shall provide employees who do not commute to/from work via a single-occupancy vehicle with a return trip (or up to the point of commute origin) with no cost to employees when there is a personal emergency situation, unplanned overtime, inclement weather (for walkers and bicyclists), or vehicle mechanical problem (return trip only). The return trips are accomplished by utilizing one or more of the following modes or options: a company vehicle, taxi, mass transit, rideshare company, or a supervisor or co-worker.
(n) Personalized Commute Assistance. Saint John's shall provide personalized assistance upon onboarding and annually as needed, including coordinating the formation of carpools/vanpools, assisting in identifying park & ride lots, assisting in identifying bicycle and pedestrian routes, assisting in providing personalized transit routes and schedule information, and providing personalized follow-up assistance to maintain participation in the commute program.
(o) Transportation Management Organization. Saint John's (e.g., as represented by its ETC) shall actively participate in the ongoing activities of the TMO by attending organizational meetings (at least 75% of the TMO meetings annually), providing parking and travel demand data to the TMO, and making available information to all employees and project tenants relative to the services provided by the TMO. (p) Employee Parking. Saint John’s shall charge its employees for parking.

The amount of such parking charges shall be established and evaluated in accordance with Exhibit “U” Phase II Parking Management Plan.

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Packet Pg. 2249 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-2”

5.0 Lessees and Subleases.

5.1 Notification. Commercial tenants of the Saint John’s Phase I and Phase II Buildings shall be subject to 2022 SMMC Chapter 9.53, or any successor thereto. Any Saint John's leases for any portion of the Phase I or Phase II sites will notify the lessee of the Saint John's TDM Plan and that lessees are required to comply with applicable TDM requirements for Employers contained in 2022 SMMC Chapter 9.53. Any such leases shall also require the same terms to be included in any subleases for any portion of the Phase I or Phase II sites.

5.2 Ground Level Commercial Uses. Other than the notice requirements stated in Section 5.1 of this Exhibit “R-2”, this TDM Plan shall not apply to any of Saint John’s lessees/sublessees of ground level commercial uses (e.g. restaurants).

5.3 All Other Spaces. With the exception of Section 5.2 of this Exhibit “R-2”, Saint John’s leases will require compliance with the TDM Plan, and require the lessee to designate a contact person employed by such lessee to assist the ETC with (a) communications concerning the TDM Plan, (b) annual employee travel surveys, (c) campaigns to promote use of commute alternatives, and (d) provide transportation information to the lessee's employees. With respect to payment of the parking cash out described in Section 4.2(b), the Daily Transportation Allowance required by Section 4.2(i), the Trial Transportation Allowance required by Section 4.2(j), and the free mass-transit pass required by Section 4.2(k), failure of tenant to comply with these requirements shall not constitute a Default by Saint John’s under the Development Agreement so long as such tenant’s lease requires such compliance with these requirements and Saint John’s is actively pursuing all necessary enforcement actions to bring such tenant into compliance with this lease provision.

6.0 Modifications to the TDM Plan. Subject to approval by the Community Development Director, Saint John's may modify the TDM Plan provided the TDM Plan, as modified, can be demonstrated to be equal or superior in its effectiveness at mitigating the traffic generating effects of improvements on the Phase I and Phase II sites.

7.0 Applicability of TDM Plan. This TDM Plan governs Saint John’s transportation demand management obligations as a “Developer” (as that term is defined in 2022 SMMC Section

9.53.020(J), or any successor thereto) with respect to both Phase I and Phase II and replaces the TDM obligations for “Developers” set forth in the TDM Ordinance, and any successor ordinance thereto. Any “Employer” (as defined in 2022 SMMC Section 9.53.020(S), or any successor thereto) located within the Project, including Saint John’s, will be required to comply with the Employer requirements set forth in the TDM Ordinance, or any successor thereto, including 2022 SMMC Sections 9.53.050 to 9.53.100 as applicable.

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Packet Pg. 2250 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-3”

EXHIBIT “R-3”

PHASE II PUBLICLY-ACCESSIBLE OPEN SPACE REGULATIONS
Upon completion of each Publicly-Accessible Open Space, Saint John’s shall generally make the Publicly-Accessible Open Space accessible to the public. Saint John’s may limit public access to the Publicly-Accessible Open Space between the hours of 11:00 p.m. through 6:00 a.m.

Notwithstanding the above, Saint John’s may:
(a) Utilize the Publicly-Accessible Open Space for public events and art or cultural installations that are programmed by Saint John’s and open to the public. (b) Utilize, from time to time, the Publicly-Accessible Open Space for Saint John’s events that are closed to the public.
(c) Subject to review by the Architectural Review Board, if necessary, place informational wayfinding kiosks and signage within the Publicly-Accessible Open Space that is for the benefit of Saint John’s patients, visitors, employees and the public. (d) Limit public access to the Publicly-Accessible Open Space during hours other than 11:00 p.m.-6:00 a.m. for property maintenance/repairs.
(e) Subject to approval by the Community Development Director, limit public access from time-to-time in any way that the City is authorized to limit use of its public sidewalks.

The Publicly-Accessible Open Space areas shall remain the private property of Saint John’s with members of the public having only a license to occupy and use the Publicly-Accessible Open Space in a manner consistent with this Third Amendment and the Phase II Master Plan. The public use of the Publicly-Accessible Open Spaces shall be: (a) consistent with the terms and conditions of this Third Amendment and the Phase II Master Plan; (b) solely for pedestrian access and passive use of the Publicly-Accessible Open Space by the public, including walking, strolling, and similar activity; and (c) compatible with Saint John’s development of the Phase II Development Sites and the continuous, orderly, and safe operation of Saint John’s. No use other than passive use of the Publicly-Accessible Open Space by the public shall be permitted on or in the Publicly-Accessible Open Space. Nothing in this Third Amendment nor the Phase II Master Plan shall give members of the public the right, without prior written consent of Saint John’s, which consent may be conditioned or withheld by Saint John’s in Saint John’s sole discretion, to engage in any other activity in or on the Publicly-Accessible Open Space, including without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Saint John’s reasonably deems to be inconsistent with other uses on the Campus Property and with the continuous, orderly, and safe operation of the health center or with the use of the Publicly-Accessible Open Space by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding, skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages), and Saint John’s shall retain the right to cause persons engaging in such conduct to be removed from the Campus Property. Should any such persons refuse to leave the Campus Property, they may be deemed by Saint John’s to be trespassing and Saint John’s may contact local law enforcement to request that appropriate law enforcement actions be taken.

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Packet Pg. 2251 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-3”

Saint John’s shall be entitled to establish and post rules and regulations for use of the PubliclyAccessible Open Space consistent with the foregoing. Nothing in this Third Amendment nor the Phase II Master Plan or the DRP applications for any Phase II Building shall be deemed to mean that the Publicly-Accessible Open Space areas are a public park or are subject to legal requirements applicable to a public park or other public space. Nothing in this Third Amendment nor the Phase II Master Plan is intended to limit the rights of any member of the public to use the Publicly-Accessible Open Space for any purpose which, on private land open to public use during specified hours, is protected by the United States Constitution, the California Constitution or any other applicable federal or California law that overrides the rights granted to Saint John’s under this Third Amendment and the Phase II Master Plan (“Exhibit Q”) with respect to limitations on use of the Publicly-Accessible Open Space.

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Packet Pg. 2252 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-4”

EXHIBIT “R-4”
24/7 PEDESTRIAN CONNECTIONS REGULATIONS
Upon completion of each publicly-accessible 24/7 Pedestrian Connection, Saint John’s shall generally make the 24/7 Pedestrian Connection accessible to the public 24 hours per day, 7 days per week.

Notwithstanding the above, Saint John’s may:
(f) Subject to review by the Architectural Review Board, if necessary, place informational wayfinding kiosks and signage within the 24/7 Pedestrian Connections that is for the benefit of Saint John’s patients, visitors, employees and the public. (g) Limit public access to the 24/7 Pedestrian Connections for property maintenance/repairs/construction.
(h) Subject to approval by the Community Development Director, limit public access from time-to-time in any way that the City is authorized to limit use of its public sidewalks.

The 24/7 Pedestrian Connections shall remain the private property of Saint John’s with members of the public having only a license to occupy and use the 24/7 Pedestrian Connections in a manner consistent with this Third Amendment and the Phase II Master Plan. The public use of the 24/7 Pedestrian Connections shall be: (a) consistent with the terms and conditions of this Third Amendment and the Phase II Master Plan; (b) solely for pedestrian access and passive use by the public, including walking, strolling, and similar activity; and (c) compatible with Saint John’s development of the Phase II Development Sites and the continuous, orderly, and safe operation of Saint John’s. No use other than passive use of the 24/7 Pedestrian Connections by the public shall be permitted on or in the 24/7 Pedestrian Connections. Nothing in the Third Amendment nor the Phase II Master Plan shall give members of the public the right, without prior written consent of Saint John’s, which consent may be conditioned or withheld by Saint John’s in Saint John’s sole discretion, to engage in any other activity in or on these 24/7 Pedestrian Connections, including without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Saint John’s reasonably deems to be inconsistent with other uses on the Campus Property and with the continuous, orderly, and safe operation of the health center or with the use of the 24/7 Pedestrian Connections by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding, skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages), and Saint John’s shall retain the right to cause persons engaging in such conduct to be removed from the Campus Property.

Should any such persons refuse to leave the Campus Property, they may be deemed by Saint John’s to be trespassing and Saint John’s may contact local law enforcement to request that appropriate law enforcement actions be taken. Saint John’s shall be entitled to establish and post rules and regulations for use of the 24/7 Pedestrian Connections consistent with the foregoing.

Nothing in this Third Amendment nor the Phase II Master Plan or the DRP applications for any Phase II Building shall be deemed to mean that the 24/7 Pedestrian Connections areas are a public park or are subject to legal requirements applicable to a public park or other public space.

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Packet Pg. 2253 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-4”

Nothing in this Third Amendment nor the Phase II Master Plan is intended to limit the rights of any member of the public to use the 24/7 Pedestrian Connections for any purpose which, on private land open to public use, is protected by the United States Constitution, the California Constitution or any other applicable federal or California law that overrides the rights granted to Saint John’s under this Third Amendment and the Phase II Master Plan with respect to limitations on use of the 24/7 Pedestrian Connections.

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Packet Pg. 2254 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-5”

EXHIBIT “R-5”

LOCAL HIRING AS TO CONSTRUCTION
Local Hiring Policy For Phase II Construction. Saint John’s shall implement a local hiring policy (the “Local Hiring Policy”) for construction of Phase II, consistent with the following guidelines:

1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by Saint John’s and its contractors for Phase II of residents of the City of Santa Monica (the “Targeted Job Applicants”), and in particular, those residents who are “LowIncome Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Phase II construction employment opportunities and have a fair opportunity to apply and compete for such jobs.

2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. However, only about one- third (32.2 percent) of the City's resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City's resident and non-resident work force is required to commute long distancesto find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts.
b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent’s return from work outside the area. c. The Pico Neighborhood is Santa Monica’s most culturally diverse and economically disadvantaged neighborhood. Serving the most vulnerable members of the Pico Neighborhood has long been a priority for the City of Santa Monica. Economic recovery and improvement programs, such as local hire opportunities with prioritization for residents in the Pico Neighborhood, defined as the 90404 zip code, would be one important step to support these priorities.
d. Of the approximately 45,000 households in the City, thirty percent are defined aslow-income households or lower, with eleven percent of these households defined as extremely low income and eight percent very low income. Approximately 7.6% of the City's residents are unemployed. e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Phase II construction jobs, this Local Hiring Policy will facilitate job opportunitiesto City residents which would expand

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Packet Pg. 2255 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-5”

the City's employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area.

3. Definitions.
a. “Contract” means a contract or other agreement for the providing of any combination of labor, materials, supplies, and equipment to the construction of Phase II that will result in On-Site Jobs, directly or indirectly, either pursuant to the terms of such contract or other agreement or through one or more subcontracts.
b. “Contractor” means a prime contractor, a sub-contractor, or any other entity that enters into a Contract with Saint John’s for any portion or component of the work necessary to construct Phase II Buildings (excluding architectural, design and other “soft” components of the construction of Phase II).
c. “Low Income Individual” means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. d. “Median Income” meansthe median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
e. “On-Site Jobs” means all jobs by a Contractor under a Contract for which at least fifty percent (50%) of the work hours for such job requires the employee to be at the Phase II Development Sites for the purposes of constructing Phase II, regardless of whether such job is in the nature of an employee or an independent contractor. On-Site Jobs shall not include Phase II construction jobs which will be performed by the Contractor’s established work crew who have not been hired specifically to work at the Phase II Development Sites on Phase II.

4. Priority for Targeted Job Applicants. Subject to Section 7 below in this Exhibit “R-5” the Local Hiring Policy providesthat the Targeted Job Applicants shall be considered for each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas identified in Map 2-7 of the City of Santa Monica’s Adopted 6th Cycle 2021-2029 Housing Element or any resident who resides in Santa Monica’s 90404 zip code (Pico Neighborhood).
b. Second Priority: Any resident of a household with no greater than 80% Median Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80%

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Packet Pg. 2256 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-5”

Median Income that resides within a five (5) mile radius of Saint John’s Campus Property.

For purposes of this Local Hiring Policy, Saint John’s and/or its Contractors are authorized to rely on the most recent year’s income tax records (W-2) and proof of residency (e.g. driver’s license, utility bill, voter registration) if voluntarily submitted by a prospective job applicant for purposes of assessing a Targeted Job Applicant’s place of residence and income.

5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs related to the construction of Phase II, by Saint John’s and its Contractors.

6. Outreach. So that Targeted Job Applicants are made aware of the availability of On-Site Jobs, Saint John’s or its Contractors shall advertise available On-Site Jobs in the Santa Monica Daily Press or similar local media and electronically on a City-sponsored website, if such a resource exists. In addition, Saint John’s shall consult with and provide written notice to at least five first source hiring organizations, which may include but are not limited to the following:
(a) Local first source hiring programs.
(b) Trade unions.
(c) Apprenticeship programs at local colleges.
(d) Santa Monica educational institutions.
(e) Other non-profit organizationsinvolved in referring eligible applicantsfor job opportunities.

Saint John’sshall also notify the City’s Community Development Director, or his or her designee, of the availability of On-Site Jobs and solicit the City’s input as to first source hiring organizations or other organizations to provide notice of the On-Site Jobs. If the City’s Community Development Director, or his or her designee, does not respond to a request for input within thirty (30) days of Saint John’s request, Saint John’s obligation to solicit the City’s input under this Exhibit “R-5”, Section 6 shall be satisfied.

7. Hiring. Saint John’s and its contractor(s) shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs, in accordance with their normal practice to hire the most qualified candidate for each position and shall make a good faith effort to hire Targeted Job Applicants when most qualified or equally qualified as other applicants. The City acknowledgesthat theContractorsshall determine in their respective subjective businessjudgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted Job Applicant has applied. Contactors are not precluded from advertising regionally or nationally for employees in addition to its local outreach efforts.

8. Term. The Local Hiring Policy shall apply to the construction of each Phase II Building until the final certificate of occupancy for each Phase II Building has been issued by the City.

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Packet Pg. 2257 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-6”

EXHIBIT “R-6”

LOCAL HIRING AS TO PERMANENT EMPLOYEES

FOR NEIGHBORHOOD COMMERCIAL USES
Local Hiring Policy For Phase II Neighborhood Commercial Permanent Employment.

Saint John’s (if an Operator) or Neighborhood Commercial Operatorshall implement a local hiring policy (the “Local Hiring Policy”), consistent with the following guidelines:

1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by the Neighborhood Commercial tenants of the Phase II Development Sites of residents of the City of Santa Monica (the “Targeted Job Applicants”), and in particular, those residents who are “Low-Income Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Phase II Neighborhood Commercial employment opportunities and have a fair opportunity to apply and compete for such jobs. The goal of this policy is local hiring.

2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. However, only about onethird (32.2 percent) of the City's resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City's resident and non-resident work force is required to commute long distancesto find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts.
b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent’s return from work outside the area.
c. The Pico Neighborhood is Santa Monica’s most culturally diverse and economically disadvantaged neighborhood. Serving the most vulnerable members of the Pico Neighborhood has long been a priority for the City of Santa Monica. Economic recovery and improvement programs, such as local hire opportunities with prioritization for residents in the Pico Neighborhood, defined as the 90404 zip code, would be one important step to support these priorities.
d. Of the approximately 45,000 households in the City, thirty percent are defined aslow-income households or lower, with eleven percent of these households defined as extremely low income and eight percent very low income. Approximately 7.6% of the City's residents are unemployed.

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Packet Pg. 2258 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-6”

e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Phase II Neighborhood Commercial jobs, this Local Hiring Policy will facilitate job opportunitiesto City residents which would expand the City's employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area.

3. Definitions.
a. “Low Income Individual” means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. b. “Median Income” meansthe median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
c. “On-Site Neighborhood Commercial Jobs” means all jobs on the Phase II Development Sites within the Neighborhood Commercial uses of greater than 1,500 grosssquare feet, regardless of whether such job is in the nature of an employee or an independent contractor. d. “Neighborhood Commercial Operator” meansthe operators of Neighborhood Commercial uses on the Phase II Development Sites.

4. Priority for Targeted Job Applicants. Subject to Section 7 below in this Exhibit “R-6,” the Local Hiring Policy providesthat the Targeted Job Applicants shall be considered for each On-Site Neighborhood Commercial Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80% Median Income that resides within the low and Moderate Income Areas identified in Map 2-7 of the City of Santa Monica’s Adopted 6th Cycle 2021-2029 Housing Element or any resident who resides in Santa Monica’s 90404 zip code (Pico Neighborhood);
b. Second Priority: Any resident of a household with no greater than80% Median Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site.

For purposes of this Local Hiring Policy, the Neighborhood Commercial Operator is authorized to rely on the most recent year’s income tax records (W-2) and proof of residency (e.g. driver’s license, utility bill, voter registration) if voluntarily submitted by a prospective job applicant for purposes of assessing a Targeted Job Applicant’s place of residence and income.

5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Neighborhood Commercial Jobs. Notwithstanding the foregoing, the Local

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Packet Pg. 2259 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-6”

Hiring Policy shall not apply to temporary employees utilized while a permanent employee istemporarily absent or while a replacement is being actively sought for a recently-departed permanent employee. Furthermore, the Local Hiring Policy shall not preclude the re-hiring of a prior employee or the transfer of an existing employee from another location.

6. Recruitment.
a. Local Hiring Goal – Saint John’s has established a local hiring goal of 30% of the total full and part-time jobs for Phase II Neighborhood Commercial uses being held by Santa Monica residents. There shall be no penalties to Saint John’s, nor shall Saint John’s be deemed to be in default under the Development Agreement, if such goal is not achieved. Saint John’s shall report its actual local hiring results to the City as part of its annual reports as mandated by Section 10.2 of the Third Amendment. The annual report shall include the following information:
(i) First source hiring organizations that were contacted; (ii) How many referrals from first source hiring organizations were interviewed;
(iii) How many Targeted Job Applicants were hired;
(iv) Any community activitiesrelated to recruitment and local hiring that took place in the past calendar year, and;
(v) Recruitment initiatives planned for the following calendar year. b. Advanced Local Recruitment - Initial Hiring for New Business. So that Targeted Job Applicants are made aware of the availability of On-Site Neighborhood Commercial Jobs, at least 30 days before recruitment (“Advanced Recruitment Period”) is opened up to general circulation for the initial hiring by a new business, the Neighborhood Commercial Operator shall advertise available On-Site Neighborhood Commercial Jobs in the Santa Monica Daily Press, or Santa Monica Police Activity League or similar organization, or similar local media and electronically on a City- sponsored website, ifsuch a resource exists. In addition, the Neighborhood Commercial Operator shall consult with and provide written notice to at least five first source hiring organizations, which may include but are not limited to the following:
(i) Local first source hiring programs
(ii) Trade unions
(iii) Apprenticeship programs at local colleges
(iv) Santa Monica educational institutions
(v) Other non-profit organizationsinvolved in referring eligible applicants for job opportunities

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Packet Pg. 2260 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-6”

The Neighborhood Commercial Operator shall also notify the City’s Community Development Director, or his or her designee, of the availability of On-Site Neighborhood Commercial Jobs and solicit the City’s input as to first source hiring organizations or other organizationsto provide notice of the On-Site Neighborhood Commercial Jobs. If the City’s Community Development Director, or his or her designee, does not respond to a request for input within thirty (30) days of Neighborhood Commercial Operator’s request, Neighborhood Commercial Operator’s obligation to solicit City’s input under this Exhibit “R-6”, Section 6(b) shall be satisfied.

The Neighborhood Commercial Operatorshall hold the positions open for no more than 30 days in order to allow for referrals from the first source hiring organizations. The Neighborhood Commercial Operator shall review information provided by the selected organizations with respect to all applicants referred by such organizations and interview those individuals, who, following a review of such information, are determined by the Neighborhood Commercial Operator to meet the Neighborhood Commercial Operator’s written minimum qualificationsfor the position. The Neighborhood Commercial Operatorshall maintain a written record explaining the reasons for not selecting any individual referred to Neighborhood Commercial Operator by the selected organizations who was interviewed by Neighborhood Commercial Operator for the position. c. Advanced Local Recruitment - Subsequent Hiring. For subsequent employment opportunities, the AdvancedRecruitment Period for Targeted Job Applicants can be reduced to at least 7 days before recruitment is opened up to general circulation. Alternatively, Neighborhood Commercial Operator may also use an established list of potential Targeted Job Applicants of not more than one year old.
d. Obligations After Completion of Advanced Recruitment Period. Once these advanced local recruitment obligations have been met, the Neighborhood Commercial Operator is not precluded from advertising regionally or nationally for employees.

7. Hiring. The Neighborhood Commercial Operator shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Neighborhood Commercial Jobs in accordance with their normal practice to hire the most qualified candidate for each position and shall make good faith efforts to hire Targeted Job Applicants when such Applicants are most qualified or equally qualified as other applicants. The City acknowledges that the Neighborhood Commercial Operator shall determine in their respective subjective business judgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Neighborhood Commercial Job for which such Targeted Job Applicant has applied.

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Packet Pg. 2261 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “R-6”

8. Proactive Outreach. Saint John’s shall designate a “First-Source Hiring Coordinator” (FHC) that shall manage all aspects of the Local Hiring Policy.

The FHC shall be responsible for actively seeking partnerships with local firstsource hiring organizations prior to employment opportunities being available within the Neighborhood Commercial uses. The FHC shall also be responsible for encouraging and making available information on first-source hiring to respective Neighborhood Commercial tenants of Phase II. The FHC shall contact new Neighborhood Commercial Operators on the Phase II Development Sites to inform them of the available resources on first-source hiring. In addition to implementation of the Local Hiring Policy, the FHC can have other work duties unrelated to the Local Hiring Policy.

9. Term. The Local Hiring Policy shall apply for the Term of the Development Agreement.

10. Condition of Lease. Saint John’s shall write the requirements of this program into any leases executed with Neighborhood Commercial Operators. The FHC shall reach out to Neighborhood Commercial Operators not less than once each calendar quarter to remind them of the programs and policies. Neighborhood Commercial Operators shall have ultimate responsibility for adherence to the program guidelines. Failure of a Neighborhood Commercial Operator to comply with the requirements of this program shall not constitute a Default by Saint John’s under the Development Agreementso long assuch Neighborhood Commercial Operator’s lease requires such compliance and Saint John’s is actively pursuing all necessary enforcement actions to bring such Neighborhood Commercial Operator into compliance with this lease provision.

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Packet Pg. 2262 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “S”

EXHIBIT “S”

PHASE II MITIGATION MEASURES AND PROJECT DESIGN FEATURES PDF-AQ-1: Demolition, Grading and Construction Activities.

1. Compliance with provisions of the SCAQMD District Rule 403. The Project shall comply with all applicable standards of the Southern California Air Quality Management District, including the following provisions of District Rule 403:
a. All unpaved demolition and construction areas shall be wetted at least three times daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting a minimum of three times daily will reduce fugitive dust by 61 percent.
b. The construction area shall be kept sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind.
c. All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust.
d. All dirt/soil loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust.
e. All dirt/soil materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust. f. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.
g. Trucks having no current hauling activity shall not idle and be turned off. h. Ground cover in disturbed areas shall be replaced as quickly as possible. i. Cranes would be electric-powered.

2. Anti-Idling Regulation: In accordance with Section 2485 in Title 13 of the California Code of Regulations, the idling of all diesel fueled commercial vehicles (weighing over 10,000 pounds) during construction shall be limited to five minutes at any location.

3. Fuel Requirements: In accordance with Section 93115 in Title 17 of the California Code of Regulations, operation of any stationary, diesel-fueled,

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compression-ignition engines shall meet specified fuel and fuel additive requirements and emission standards.

4. Architectural Coatings: During construction of Phase II buildings, construction contractors shall comply with SCAQMD Rule 1113 and utilize architectural coatings that meet the VOC content requirements.

PDF-AQ-2: Green Building Features: At a minimum, Phase II buildings will be designed and operated to meet the applicable requirements of the California Green Building Standards Code (CALGreen) and the City of Santa Monica Green Building Code at the time of building permit issuance (provided that any Phase II OSHPD-1 building(s) would be permitted by OSHPD and subject to applicable OSHPD sustainability requirements at the time of OSHPD permitting). Green building features will include the following:

1. Waste
a. Construction contractors for Phase II development will implement a construction waste management plan (WMP) to divert a minimum of 70 percent of all mixed construction and demolition (C&D) debris to City certified construction and demolition waste processors, consistent with the City of Santa Monica Municipal Code Article 8, Chapter 8.108. b. The Project will include easily accessible recycling areas dedicated to the collection and storage of non-hazardous materials such as paper, corrugated cardboard, glass, plastics, metals, and landscaping debris (trimmings), consistent with the City of Santa Monica Municipal Code, Section 9.21.130.

2. Energy
a. Phase II buildings will comply at minimum with the California 2019 Title 24 Building Energy Efficiency Standards or the most recent applicable standards at the time of building permit issuance. Additionally, the Project will comply with the City of Santa Monica Green Building Code by incorporating features such as solar water heating, green roofs, highperformance building envelopes, energy-efficient HVAC and lighting systems, thereby reducing energy use, air pollutant emissions, and GHG emissions.
b. Phase II buildings will include the installation of solar electric photovoltaic (PV) systems, as required by the City of Santa Monica Green Building Standards Code (provided that any Phase II OSHPD-1 building(s) would be permitted by OSHPD and subject to applicable OSHPD sustainability requirements at the time of OSHPD permitting). At minimum, the PV systems will have a total wattage of 2.0 times the square footage of the building footprint (2.0 watts per square foot).

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c. The design of Phase II buildings will incorporate surface materials with a high solar-reflectance-index average, coupled with roof assemblies having insulation factors that meet the 2019 California Title 24 Building Energy Efficiency Standards or the most recent applicable standards at the time of building permit issuance, to reduce unwanted heat absorption and minimize energy consumption. The Project would be designed to reduce energy consumption by 10 percent as required by the City’s Energy Reach Code.

3. Transportation
a. Providence Saint John’s will implement a Transportation Demand Management (TDM) Plan with measures to decrease vehicle miles traveled.

The specific TDM strategies to be implemented by the developer shall be finalized as part of the Development Agreement process. It is anticipated that the following TDM strategies will be implemented and/or maintained:
a TDM Coordinator; Transportation Management Association (TMO); transit pass subsidies provided to employees by the Project Applicant; ridesharing (carpools and vanpools); parking pricing; Guaranteed Ride Home (GRH); bicycle facilities; carshare service; bicycle sharing areas; transportation information center and TDM website information; pedestrian wayfinding signage; and commuter club.
b. To encourage carpooling and the use of electric vehicles by Providence Saint John’s employees and visitors, designated parking for carpools and vanpools will be provided throughout the North and South Campuses in accordance with SMMC Section 9.28.150.
c. Electric Vehicle (EV) Charging Stations will be provided throughout the North and South Campuses. The total number of electric vehicle charging stations would be determined as part of the Development Agreement to be finalized; however, all Phase II Project facilities with more than 50 parking spaces would include at least two charging stations plus one for each additional 50 parking spaces consistent with SMMC Section

9.28.160(B)(2).
d. Both long-term and short-term bicycle parking will be provided throughout the North and South Campuses. The number of parking spaces shall be provided in accordance with SMMC Table 9.28.140, which requires one short-term bicycle parking space for every 4,000 square feet of floor area (depending on the use). Upon full Phase II Project implementation, PSJHC shall have more than 60 new short-term bicycle parking spaces and 120 new long-term bicycle parking spaces added to its North Campus and more than 100 new short-term spaces and more than 200 new long-term spaces added to its South Campus.

Showers and clothes lockers for employees will also be provided throughout the North and South Campuses. In accordance with SMMC Section

9.28.170(B)(1), a minimum of two showers would be provided in Phase II

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Buildings 2C, 2D/E, 2I, and S1 while a minimum of four showers would be provided in Building S4. Consistent with SMMC Section 9.28.170(B)(2), lockers for clothing and other personal effects would be provided at a ratio of 75% of the long-term employee bicycle parking spaces required. Upon full Phase II Project implementation, PSJHC would have more than 90 new clothes lockers on its North Campus and more than 100 new clothes lockers on its South Campus.

4. Water
a. The Project would be designed to reduce indoor and outdoor potable water consumption as required by California 2019 Title 24 standards (provided that any Phase II OSHPD-1 building(s) would be permitted by OSHPD and subject to applicable OSHPD sustainability requirements at the time of OSHPD permitting).

PDF-AQ-3: Control of VOCs. Phase II buildings will utilize low-emitting materials in accordance with PDF-AQ-1.

PDF-AQ-4: Emergency Generator Maintenance & Testing: The Project shall only conduct maintenance or testing on one generator per day and for only one hour.

PDF-AQ-5: Emergency Generators. All new standby generators proposed shall be selected from the South Coast Air-Quality Management District’s certified generators list and meet the EPA Tier 4 standard for diesel emissions. For after-treatment of engine exhaust air, a diesel particulate filter shall be provided to meet the emission level requirements of the South Coast Air Quality Management District. The Project would have six generators and would need to be tested monthly to ensure reliability in the case of a power outage.

PDF-NOISE-1 (Construction Noise). The Applicant’s construction contractor shall require implementation of the following construction best management practices (BMPs) by all construction contractors and subcontractors working in and around the Project Site to reduce construction noise levels:
• Project contractor(s) will equip all construction equipment, fixed and mobile, mobile, with properly operating and maintained noise mufflers, consistent with manufacturers’ standards;
• On-site construction equipment staging areas will be located as far as feasible from noise and vibration sensitive uses.
• In accordance with Section 2485 in Title 13 of the California Code of Regulations, the idling of all diesel fueled commercial vehicles (weighing over 10,000 pounds) during construction shall be limited to five minutes at any location.

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• As required by SMMC 9.21.140 B Screening, effective noise barriers will be designed and erected as needed to shield on-site uses from excessive construction-related noise.

PDF-NOISE-2: Exterior Mechanical Equipment Noise. Exterior mechanical and electrical equipment such as HVAC equipment would be screened in accordance with Section

9.21.140 of the SMMC. In accordance with Section 4.12.130 of the SMMC, all outdoor mechanical equipment would be required to comply with noise limitation requirements provided in Section 4.12.060 of the SMMC.

PDF-TR-1: (Construction Traffic Management Plan): The Applicant shall prepare, implement, and maintain a Construction Traffic Management Plan (Plan) to address construction traffic, parking, access and safety impacts during the construction period. The Plan shall be submitted to the City for review and approval prior to the issuance of grading permits, and be designed to accomplish the following:
• Reduce construction traffic impacts on the surrounding street network; • Minimize construction parking impacts;
• Ensure traffic safety and emergency around the Project Site during the construction period;
• Prevent substantial construction truck traffic through residential neighborhoods; and
• Provide for coordination of Project construction activities with those of nearby construction projects.

The Plan shall include the following at a minimum:

Ongoing Requirements Throughout the Duration of Construction:
• Implementation of a detailed work zone plan for temporary lane, sidewalk, and bicycle lane closures (e.g., flagmen, directional signage, etc.). 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. Further, the Plan shall address construction parking and impacts to existing parking in adjacent off-site areas. The Plan shall be reviewed and approved by the Traffic Engineering Division prior to commencement of construction and implemented in accordance with this approval. • Any work within the public right-of-way (ROW) shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public ROW outside of these hours shall only be allowed with under an after-hours construction permit.

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• 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 ROW, subject to a current Use of Public Property Permit.
• Any requests for work before or after normal construction hours within the public ROW 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 Will 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 Plan). • The Applicant shall obtain a Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required, for any construction work requiring encroachment into public rightsof-way, detours, or any other work within the public ROW. • The Applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Metro. 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. Coordination with Metro regarding construction activities that may impact Metro bus lines or result in closures lasting over six months shall be initiated at least 30 days in advance of construction activities. • The Applicant shall obtain Transportation Engineering Division approval of any haul routes for earth, concrete, or construction materials and equipment hauling.

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PDF-TR-2 (TDM): The Applicant shall implement Transportation Demand Management (TDM) measures so as to not exceed the trip generation estimates calculated for the Future Years (2031 and 2042) in Tables 4.17-11 and 4.7-12 of the EIR.

The specific TDM strategies to be implemented by the developer shall be finalized as part of the Development Agreement process. It is anticipated that the following TDM strategies will be implemented and/or maintained: a TDM Coordinator; Transportation Management Association (TMO); transit pass subsidies provided to employees by the Project Applicant; ridesharing (carpools and vanpools); parking pricing; Guaranteed Ride Home (GRH); bicycle facilities; carshare service; bicycle sharing areas; transportation information center and TDM website information; pedestrian wayfinding signage; and commuter club.

To ensure that the trip generation estimates calculated for the Interim Year (2031) and Future Year (2042) in Table 4.17-11 are not exceeded, a period of annual monitoring and reporting shall be undertaken for the Project and incorporated into the Development Agreement. The Applicant shall summarize the results of the trip monitoring program, determine whether trip reduction goals and/or Average Vehicle Ridership (AVR) targets are being achieved, and describe the TDM efforts in place to reduce vehicular trip making, in an annual report delivered to the City.

The City, at its discretion, shall determine the type of enforcement and may require implementation of additional TDM strategies and possible monetary (or other) penalties if annual monitoring determines that the trip generation estimates are being exceeded and/or that AVR targets are not being met.

MM-AIR-1: Construction Equipment. Construction equipment operating at each Phase II development site shall be subject to the following requirements, which will be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment:
• The Project shall require all off-road diesel equipment greater than 50 horsepower (hp) to meet USEPA Tier 4 Final off-road emission standards or equivalent to reduce diesel particulate matter and NOX emissions during construction activities. If equipment cleaner than Tier 4 is widely and commercially available at the time of building permit issuance, the Project applicant shall require the use of such equipment for construction. • Dumpers/tenders, forklifts, pumps, sweeper/scrubbers and plate compactors shall be powered by non-diesel fuels, such as gasoline, compressed natural gas or electricity.

MM-HIST-1: Recordation of the John Wayne Cancer Institute (JWCI) and Child & Family Development Center (CFDC). Prior to any demolition or ground disturbing activity on the 2I and S4 properties, the Applicant shall retain a Qualified Preservation Professional (defined as an architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History,

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or Architecture, pursuant to 36 CFR 61) to prepare a Historic American Buildings Survey (HABS) Short Format Report I. The HABS shall record the history of each property (the JWCI and CFDC), as well as important events or other significant contributions to the patterns and trends of history with which each property is associated, as appropriate. Each property’s physical condition, both historic and current, shall be documented through site plans; historic maps and photographs; available original and/or current as-built drawings; large format photographs; and written data and text. Each building’s exteriors, representative interior spaces, character-defining features, as well as its setting and contextual views, shall be documented. Field photographs and notes shall also be included. All documentation components shall be completed in accordance with the Secretary of the Interior’s Standards and Guidelines for Architectural and Engineering Documentation (HABS standards) to the satisfaction of the City of Santa Monica’s Historic Preservation Officer and the HABS administrator for the Library of Congress HABS collection. An electronic copy (pdf) of the HABS documentation shall be submitted to the City for review. Once approved, an electronic copy (pdf) shall be transmitted to the Library of Congress HABS administrator for review. Upon approval, the original archival HABS documentation shall be submitted to the Library of Congress for inclusion in the HABS collection, and archival copies shall be sent to the Santa Monica Public Library. The Applicant may complete the HABS documentation for both the JWCI and CFDC together or separately so long as the documentation for the CFDC is completed prior to demolition or ground disturbing activity on the 2I Site and the documentation for the JWCI is completed prior to any demolition or ground disturbing activity on the S4 Site.

MM-HIST-2: Interpretive Exhibit(s). The Applicant shall retain a Qualified Preservation Professional (defined as an architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, or Architecture, pursuant to 36 CFR 61) to developand implement a permanent publicly accessible interpretive exhibit(s) (Exhibit), in consultation with the Applicant, that captures and incorporates the important history, associations, and significance of the JWCI and CFDC (as applicable), within the larger context of medical history, so that the significance of these resources is preserved and retained for the education and benefit of current and future generations. The Exhibit’s requirements shall be outlined in a technical memorandum, including the requirements for maintenance and operation ofthe Exhibit’s elements. The interpretive Exhibit shall be aimed at actively illustrating the following:
• The growth and development of the JWCI and/or CFDC within the larger context of local, state and national medical history.
• The Exhibit should also document the construction history and architectural significance pertaining to the respected architects, Weldon J. Fulton (JWCI) and John Maloney (CFDC), for each property.

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• The historical associations and significance of Dr. Evis Coda (CFDC).

The Exhibit shall include each of the following:
• A permanent on-site exhibit, maintained by the Applicant to be installed at an on-site location or locations within the Project selected by the Applicant with the approval of the qualified preservation consultant and City of Santa Monica Historic Preservation Officer.
• A professionally conducted oral history program documenting the personal experiences of JWCI patients and CFDC families and staff members, respectively, which will be utilized within the Exhibit and later archived at the Santa Monica History Museum.

The Applicant shall commission a Qualified Preservation Professional to prepare a technical memorandum detailing the Exhibits’ requirements and implementation schedule and this memorandum shall be reviewed by interested parties, such as the Santa Monica History Museum and the Santa Monica Conservancy, and shall be prepared to the satisfaction of the City of Santa Monica. Once work on the 2I and S4 sites, as applicable, has commenced, the Applicant shall submit biannual reports prepared by a Qualified Preservation Professional documenting the progress of the Exhibit’s implementation, and the Applicant shall submit documentation illustrating full implementation of the Exhibit to the City within 3 years of completion of construction of the 20th Street Medical Building (2I) and Education & Conference Center and East Ambulatory & Research Building (S4), respectively.

MM-HIST-3: Construction Monitoring. Due to the potential for damage from excavation and construction activities, as well as vibration, to 2208/2210 Santa Monica Boulevard, and in association with implementation of Mitigation Measure MM NOISE-1, the Qualified Preservation Professional shall monitor construction activities associated with the Project at regular intervals during shoring and excavation of Site S4 to address any unanticipated damage to 2208/2210 Santa Monica Boulevard that may require preservation treatment, and minimize potential damage to historic materials on 2208/2210 Santa Monica Boulevard.

The Qualified Preservation Professional shall document the construction monitoring process in digital photography, as well as monitoring logs, and prepare a final monitoring report to be submitted to the City’s Historic Preservation Officer.

MM-ARCH-1: Archaeological Monitoring of Ground Disturbing Activities. Prior to the issuance of a demolition permit for the S1, S2, S3, S4 and S5 sites, the Applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards (Qualified Archaeologist) and a Native American monitor from a tribe that is culturally and geographically affiliated with the Project site (according to the Native American Heritage Commission contact list for this project) to provide construction monitoring services for the Project. The Qualified

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Archaeologist, or an archaeological monitor working under their direct supervision, and the Native American monitor shall monitor all ground disturbance, such as clearing/grubbing, grading, trenching, or any other construction excavation activity, associated with Sites S1, S2, S3, S4, and S5 to a maximum depth of 6 feet (depth at which archaeological sensitivity decreases). The archaeological monitor shall be familiar with the types of resources (prehistoric and historic) that could be encountered. The frequency of archaeological and Native American monitoring shall be determined by the Qualified Archaeologist and shall be based on the rate of excavation and grading activities, the materials being excavated (younger sediments vs. older sediments), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time archaeological and Native American monitoring may be reduced to part-time inspections, or ceased entirely, at any depth above 6 feet if determined adequate by the Qualified Archaeologist.

Prior to commencement of excavation activities, an Archaeological Sensitivity Training shall be given for construction personnel. The training session shall be carried out by the Qualified Archaeologist andNative American monitor, and will focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event.

MM-ARCH-2: Evaluation/Treatment of any Archaeological Finds. In the event that historic (e.g., bottles, foundations, refuse dumps/privies, etc.) or prehistoric (e.g., hearths, burials, stone tools, shell and faunal bone remains, etc.) archaeological resources are unearthed, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. An appropriate buffer area shall be established by the Qualified Archaeologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by Project construction activities shall be evaluated by the Qualified Archaeologist.

If the resources are prehistoric or Native American in origin, the Applicant shall coordinate with the City, Qualified Archaeologist, and Native American representatives regarding the treatment and curation of any prehistoric archaeological resources. Additionally, if a discovery is outside of Sites S1, S2, S3, S4, or S5, the Qualified Archaeologist shall determine the level of archaeological monitoring that is warranted during future ground disturbance in other portions of the Project Site. If a resource is determined by the Qualified Archaeologist to constitute a “historical resource” pursuant to CEQA Guidelines Section 15064.5(a) or a “unique archaeological resource” pursuant to PRC Section 21083.2(g), the Qualified Archaeologist shall coordinate with the Applicant and the City (and Native American representatives for prehistoric resources) to develop a formal treatment plan that would serve to reduce impacts to the resource. The treatment plan established for the resource shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any archaeological material collected shall be curated at

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a repository that meets the standards outlined in 36 Code of Federal Regulations (CFR) 79.9., if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes, or to an affiliated tribe for prehistoric materials, to be determined by the Qualified Archaeologist in consultation with the City, and with Native American representatives for materials that are prehistoric in nature. Disposition of human remains and associated funerary objects shall be determined through consultation with the Most Likely Descendant (MLD) and landowner (see MM-ARCH-4).

MM-ARCH-3: Final Archaeological Report). Prior to issuance of Certificate of Occupancy for the Phase II buildings on Sites S1, S2, S3, S4, and S5, as applicable, the Qualified Archaeologist shall prepare a final report and appropriate California Department of Parks and Recreation Site Forms at the conclusion of archaeological monitoring. The report shall include a description of resources unearthed, if any, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. The report and the Site Forms shall be submitted by the Project applicant to the City, the South Central Coastal Information Center, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the development and required mitigation measures.

MM-ARCH-4: Human Remains. If human remains are encountered unexpectedly during implementation of the Project, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur at the affected excavation/construction site until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the NAHC. The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the permission of the landowner, or his or her authorized representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The MLD shall complete their inspection and make their recommendation within 48 hours of being granted access by the landowner to inspect the discovery. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Upon the discovery of the Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment.

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Whenever the NAHC is unable to identify a MLD, or the MLD identified fails to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance.

MM-GEO-1: Paleontological Resources Investigation. Prior to start of any ground-disturbing activities (i.e., demolition, pavement removal, pot-holing or auguring, boring, drilling, grubbing, vegetation removal, brush clearance, weed abatement, grading, excavation, trenching, or any other activity that has potential to disturb soil) for each construction site, the Applicant shall retain a Qualified Paleontologist meeting the Society of Vertebrate Paleontology standards (SVP, 2010). The Qualified Paleontologist shall conduct construction worker paleontological resources sensitivity training for appropriate construction personnel. The training session shall focus on the recognition of the types of paleontological resources that could be encountered within the Project area and the procedures to be followed if they are found. The Applicant shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance.

MM-GEO-2: Paleontological Resource Monitoring of Ground Disturbing Activities. Fulltime paleontological resources monitoring shall be performed by a qualified paleontological monitor under the direction of the Qualified Paleontologist (SVP, 2010) for ground disturbance in undisturbed soils below a depth of 6 feet. Fulltime monitoring may be reduced to part-time inspections, or ceased entirely, if determined adequate by the Qualified Paleontologist. Monitors shall have the authority to temporarily halt or divert work away from exposed fossils, in a radius of at least 50 feet, in order to recover the fossil specimens. Any significant fossils collected during Project-related excavations shall be prepared to the point of identification and curated into an accredited repository with retrievable storage.

Monitors shall prepare daily logs detailing the types of activities and soils observed, and any discoveries. The Qualified Paleontologist shall prepare a final monitoring and mitigation report to be submitted to the City.

MM-GEO-3: Evaluation/Treatment of Any Paleontological Finds. If construction or other Project personnel discover any potential fossils during construction, regardless of the depth of work or location, work at the discovery location shall cease in a 50- foot radius of the discovery until the Qualified Paleontologist has assessed the discovery and made recommendations as to the appropriate treatment. If the find is deemed significant, it shall be salvaged following the standards of the SVP (2010) and curated with a certified repository.

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Packet Pg. 2274 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “S”

MM-HAZ-1: Additional Assessment/Remediation - Site S3 and Site 2D/E. Prior to the issuance of a grading permit for each of Site S3 and Site 2D/E, additional assessment in the form of soil and soil vapor sampling shall be conducted to determine whether there is any soil or groundwater contamination associated with the formerservice station uses at these sites, once the existing on-site buildings/structures are demolished. If the additional assessment reveals concentrations of volatile organic compounds (VOCs) and/or other hazardous substances above applicable California Human Health Screening Levels (CHHSL), soil remediation and health and safety measures required by the applicable regulatory agencies [e.g., California Department of Toxic Substances (DTSC), Los Angeles Regional Water Quality Control Board (LARWQCB), etc.] shall be implemented by the Project Applicant during construction, which will be included in a Soils Management Plan and a Health and Safety Plan, as applicable (refer to Mitigation Measures HAZ-2 and HAZ-3).

The additional assessment shall also include a survey to determine the presence of any underground storage tanks (UST) associated with the former on-site gas stations. If a UST is discovered, the Applicant shall notify the SMFD prior to tank removal and prepare a work plan for UST removal. The work plan shall be approved by the SMFD and shall identify methods/procedures to remove or neutralize any flammable materials and vapors in the UST prior to transport, and establish to the satisfaction of the SMFD that no release of hazardous materials has occurred or that the release of hazardous materials is otherwise addressed in the SMP. The UST shall be properly disposed of by a licensed contractor in accordance with applicable regulations.

MM-HAZ-2: Soil Management Plan [SMP]. Should the assessments required under MM HAZ-1 above for Site S3 and Site 2D/2E reveal chemicals of concern above applicable CHHLs and for excavation activities associated with Site 2C and Site 2D/E, the Project Applicant shall retain a qualified environmental consultant to prepare a SMP, which will be submitted to DTSC, 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. The SMP shall be implemented during excavation and grading activities on the identified Site to ensure that any contaminated soils are properly identified, excavated, and disposed of off-site, as follows:
• 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

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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.
• During the 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.
• A qualified environmental consultant shall be present on the 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.

MM-HAZ-3: Health and Safety Plan [HASP]. Should the assessments required under MM HAZ-1 above reveal chemicals of concern above applicable clean-up goals, 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 Cal-OSHA 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 Department of Building and Safety. 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. The HASP would also address potential vapor encroachment from the soil contamination into the subterranean levels of the building. As necessary, gas monitoring devices would be in place to alert workers in the event elevated gas or other vapor concentrations occur when basement slab demolition or soil excavation is being performed. Contingency procedures would be in place in the event elevated gas concentrations are detected, such as the mandatory use of personal protective equipment, evacuation of the area, and/or increasing ventilation within the immediate work area. Workers would be trained to identify exposure symptoms and implement alarm response.

Construction fencing would be installed around development areas to restrict public access from surrounding properties and other phases of the Project Site, further reduce the potential for contaminated soilsto become airborne, and provide additional distance between the public and excavation activities to allow for gas and vapor dilution. Vapor suppression measures also would be identified consistent with the SMP, as necessary, to avoid health hazards to adjacent properties. The HASP would have emergency contact numbers, maps to the nearest hospital, gas monitoring action levels, gas response actions, allowable

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Packet Pg. 2276 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “S”

worker exposure times, and mandatory personal protective equipment requirements. The HASP would be signed by all workers involved in the demolition and excavation of on-site soils to demonstrate their understanding of the risks of excavation.

MM-HAZ-4: Asbestos Containing Materials. Pursuant to SCAQMD requirements, testing for presence of ACM shall be conducted in the CFDC, JWCI, and SJF Buildings prior to demolition of these structures. Any ACM found in these buildings, and the previously confirmed ACM in the vacant on- site apartments and associated parking structure, shall be removed by a licensed and certified asbestos abatement contractor prior to demolition of these buildings pursuant to SCAQMD Rule 1403 and Cal-OSHA Asbestos Regulations.

MM-HAZ-5: Lead Based Paints. Testing for the presence of LBP shall be conducted in the CFDC, JWCI, and SJF Buildings prior to demolition of these structures. Any LBP found in these buildings, and the previously confirmed LBP in the vacant on- site apartments and associated parking structure, shall be removed by lead-certified personnel following the Cal-OSHA 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 LBP.

MM-NOISE-1: Construction Vibration. To reduce the potential for construction-related vibration effects to building structures, prior to the issuance of a building permit for a Site, PSJHC shall perform an inventory of the structural condition of buildings within 50 feet of Project construction on that Site. Based on the surveyed building’s structure and condition, an acoustic specialist will determine the appropriate structural damage potential criteria based on the Caltrans Transportation and Construction Vibration Guidance Manual (Caltrans 2013), as provided in Table 4.13-3, and for each piece of construction equipment, establish a standoff distance from the applicable building. The construction contractor(s) shall restrict the use of equipment within the minimum applicable standoff distances to not exceed the building’s applicable structural damage criteria. If construction is required within these minimum applicable distances, alternative equipment and methods, such as small bulldozers (less than 300 horsepower), smaller or alternative construction equipment, or alternative methods shall be used to reduce potential vibration levels to less than the building’s applicable structural damage criteria.

MM-NOISE-2: Construction Vibration. To reduce the potential for construction-related vibration effects to any vibration sensitive medical uses, prior to the issuance of a building permit for Sites 2C, 2I, 2D/E, S1, S3 and S4, PSJHC shall perform an inventory of vibration-sensitive medical equipment and rooms/suites in the hospital and in the following nearby Medical Office Buildings along Santa Monica Boulevard and Broadway:

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• For Site 2C: 2001 Santa Monica Boulevard, 2021 Santa Monica Boulevard, and 2020 Santa Monica Boulevard.
• For Site 2I: 1919 Santa Monica Boulevard, 2001 Santa Monica Boulevard, 2021 Santa Monica Boulevard, and 2020 Santa Monica Boulevard. • For Site 2D/E: 2208, 2216, 2232 Santa Monica Boulevard. • For Sites S1 & S3: 2001 Santa Monica Boulevard, 2021 Santa Monica Boulevard, 2020 Santa Monica Boulevard, and 2020 Broadway. • For Sites S4 & S5: 2021 Santa Monica Boulevard, 2020 Santa Monica Boulevard, and 2208, 2216, 2232 Santa Monica Boulevard.

PSJHC shall notify both the building owner/property manager and the building’s medical office tenants in writing of PSJHC’s need to inventory the building/tenant suite for vibration-sensitive medical equipment and rooms/suites with vibrationsensitive medical operations and to conduct the simulation(s).

For the buildings identified to contain vibration sensitive medical uses and where determined to be potentially exposed to adverse vibration effects associated with construction activities by a qualified acoustical specialist, a construction simulation survey shall be undertaken on the applicable Project Site, replicating representative construction activities, such as the use of an excavator or the dropping of a heavy weight. The simulations shall be undertaken in an appropriate number of locations, as determined by an acoustical specialist to allow evaluation of the proposed construction activities. Use of the vibration-sensitive equipment will be monitored by the applicable medical team during this exercise.

The applicable medical team will confer with the construction team, including an acoustical specialist, after the simulation. If the simulation results indicate that either (a) construction vibration would exceed manufacturer’s specifications for vibration-sensitive medical equipment or (b) hospital operating rooms or critical working areas would exceed the “Weighting factors for satisfactory magnitudes of building vibration with respect to human response” in ANSI/ASA S2.71-1983 (reaffirmed in 2012), Table A.1, then a detailed mitigation plan shall be prepared unless both the applicable medical team and the construction team agree that the construction vibration is not impacting medical equipment/procedures in a particular medical suite despite the manufacturer’s specifications or weighting factors. If a mitigation plan is required, the construction team, including an acoustical specialist, shall prepare such plan relevant to such equipment or operations that is practicable for both the construction team and the applicable medical team. This will involve a combination of the judicious selection of construction equipment and techniques to minimize vibration at source, the sympathetic scheduling of the hours of construction and medical equipment usage/operations, the use of vibration isolation tables for particularly sensitive

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Packet Pg. 2278 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “S”

medical equipment/operations and the possible temporary relocation of affected medical equipment/operations.

PSJHC shall use good faith efforts to secure the voluntary cooperation of the building owner/property manager and the building’s medical office tenants in allowing PSJHC to perform the inventory, schedule the simulation(s), monitor the vibration- sensitive medical equipment or operations during the simulation(s), and provide input on practicable measures to include in the mitigation plan.

MM-TR-1: Intersection 70. Prior to issuance of a building permit for the S4 building (Phase A4 or B4), the Project Applicant shall seek approval from the City of Los Angeles to reconfigure the existing northbound and southbound approaches of Intersection 70 (Centinela Avenue & Santa Monica Boulevard) to provide one left- turn lane and one shared through/right-turn lane at each approach (unless such reconfiguration has already occurred). The reconfiguration would involve the removal of three or four onstreet parking spaces at both the northbound and southbound approaches, including a commercial loading zone on the northbound approach, and restriping of the northbound and southbound approaches. The Project Applicant shall not be required to pursue right of way acquisition. The Project Applicantshallseek approval from the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this reconfiguration if the City of Los Angeles does not provide approval within this time period. If the City of Los Angeles approves implementation of this mitigation measure, the Project Applicant shall complete implementation of this improvement prior to Certificate of Occupancy for the S4 building (Phase A4 or B4).

MM-TR-2: Intersection 77. Prior to issuance of a building permit for the 2D/2E building (Phase A5 or B5), the Project Applicant shall seek approval from the Big Blue Bus and Metro to relocate the eastbound Big Blue Bus bus stop from the near side of Intersection 77 (Bundy Drive and Santa Monica Boulevard) and consolidate it with the existing Metro bus stop on the far side of the intersection (unless such reconfiguration has already occurred). The Project Applicant shall seek approval from Big Blue Bus and Metro in good faith for at least 90 days and shall not be required to further pursue consolidation of the bus stops if the parties cannot reach agreement within the 90-day time period. Prior to issuance of a building permit for the 2D/2E building (Phase A5 or B5), the Project Applicant shall also seek approval from the City of Los Angeles to reconfigure the eastbound approach of Intersection 77 (Bundy Drive & Santa Monica Boulevard) to add a separate right turn lane, resulting in one left- turn lane, two through lanes and one right-turn only lane (unless such reconfiguration has already occurred). The Project Applicant shall not be required to pursue right of way acquisition. The Project Applicant shall seek approval from the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this reconfiguration if the City of Los Angeles does not provide approval within this time period. If the City of Los Angeles approves implementation of this mitigation measure, the Project Applicant shall complete this implementation measure prior to Certificate of Occupancy for the 2D/2E building (Phase A5 or B5).

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MM-TR-3: Intersection 79. Prior to issuance of a building permit for the earlier of the S1 or S3 buildings in Phase B2 orthe 2I building in Phase A2, if the Martin Expo Town Center Project has not restriped (or is not committed to restripe) the northbound approach at Intersection 79 (Bundy Drive & Olympic Boulevard) to provide dual left-turn lanes (or if this intersection has not otherwise been restriped), the Project Applicant shall seek approval from the City of Los Angeles to undertake this restriping. The Project Applicant shall seek approval from the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this reconfiguration if the City of Los Angeles does not provide approval within this time period. If the City of Los Angeles approves implementation of this mitigation measure, the Project Applicant shall complete this implementation measure prior to Certificate of Occupancy for the earlier of the S1 or S3 buildingsin Phase B2 or the 2I building in Phase A2.

MM-TR-4: Intersection 81. Prior to issuance of a building permit for the earlier of S1, S2 and S3 buildings in Phase A1 or the earlier S2 and 2C buildings in Phase B1, the Project Applicant shall seek approval from the City of Los Angeles and Caltrans to restripe the southbound approach at Intersection 81 (Bundy Drive & I-10 Eastbound On-Ramp) to add a second left- turn lane (unless such restriping has already occurred). This would entail removing on-street parking from the southbound approach on Bundy Drive. The Project Applicant shall seek approval from Caltrans and the City of Los Angeles in good faith for at least 90 days and shall not be required to implement this restriping if the City of Los Angeles and Caltrans, as applicable, do not provide approval within this time period. If the City of Los Angeles and Caltrans approve implementation of this mitigation measure, the Project Applicant shall complete this implementation measure prior to Certificate of Occupancy for the earlier of S1, S2 and S3 buildings in Phase A1 or the S2 and 2C buildings in Phase B1.

MM-WW-1: Sewer Capacity. Without limiting the generality of the foregoing, within 30 days of filing a Planning Application for any Phase II development, Saint John’s shall meet and confer with the City Engineer to discuss the timing and content for preparation of an updated sewer study to be reviewed and approved by the City Engineer, unless determined in the City Engineer’s sole and absolute professional judgment to be unnecessary. Such study would determine if future flows associated with the Phase II development proposed in the Planning Application (during dry and wet weather conditions) would cause the City’s 12-inch and 21- inch sewer lines on Broadway and any other downstream sewer lines to exceed the hydraulic planning criteria on page 47 in the City’s 2017 Sanitary Sewer System Master Plan or itssuccessor thereto. The primary criteria used to establish adequately-sized sewer capacity is if the Peak Wet Weather Flow depth to diameter ratio is less than 0.75 and the minimum velocity is 2 ft/s.

If the sewer study (as approved by the City) determines that there will be exceedances of the hydraulic planning criteria due to the Phase II development proposed in the Planning Application, Saint John’s shall perform sewer upgrades prior to issuance of a certificate of occupancy for such Phase II Building(s), to the

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satisfaction of the City Engineer, including, without limitation:
(a) Installing a new adequately-sized sewer line(s) along Broadway and 20th Street to convey sewer flows generated from the applicable Phase II Development Site; or
(b) Upsizing the existing 12-inch sewer on Broadway to 18- inch from 21st Street to 20th Street and re-activating and placing in service the existing 12- inch VCP line (currently abandoned) along 20th Street from Broadway to Colorado Avenue to divert sewer flows from the Broadway 21-inch VCP sewer line to the Colorado 21-inch Vylon sewer line. The currently abandoned 12-inch VCP line, may need to be replaced pending future engineering design and offsite plans by Saint John’s.

Saint John’s may recommend the most cost-efficient City- approved sewer upgrade alternative that addresses the downstream deficiencies. All reports and plans shall also be approved by the Water Resources Engineer prior to issuance of building permit for the applicable Phase II Building. Any required upgrades shall be completed prior to Certificate of Occupancy for the applicable Phase II Development.

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Packet Pg. 2281 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “T”

EXHIBIT “T”

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:

Harding, Larmore, Kutcher & Kozal, LLP
1250 Sixth Street, Suite 200
Santa Monica, CA 90401
Attn: Paula J. Larmore
________________________________________________________________________ Space Above This Line For Recorders Use
No Recording Fee Required
Government Code Section 27383
Government Code Section 6103

ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into by and between PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA, a California non-profit religious corporation (“Providence”) as sole corporate member of PROVIDENCE SAINT JOHN’S HEALTH CENTER, a California non-profit religious corporation (“Assignor”), and ________________________, a __________________ (“Assignee”).

R E C I T A L S
A. The City of Santa Monica (“City”) and Assignor entered into that certain Development Agreement dated June 9, 1998 and recorded in the Official Records of the County of Los Angeles, State of California on July 29, 1998 as Instrument No. 98-1311808 as amended by that certain First Amendment to Development Agreement dated October 4, 2011 and recorded in the Official Records of the County of Los Angeles, State of California on October 13, 2011 as Instrument No. 20111388841, that certain Second Amendment to Development Agreement dated August 28, 2017 and recorded in the Official Records of the County of Los Angeles, State of California on October 2, 2017 as Instrument No. 20171125181, and that certain Third Amendment to Development Agreement dated ___________ and recorded in the Official Records of Los Angeles County, California as Instrument No. _____________ (collectively “Development Agreement”) with respect to the real property located in the City of Santa Monica, State of California more particularly described in Exhibit “A” attached hereto (the “Project Site”).

B. Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of the Development Agreement for the Project Site (collectively, the “Project Approvals”).

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C. Assignor intends to sell, and Assignee intends to purchase, the Project Site.

D. In connection with such purchase and sale, Assignor desires to transfer all of the Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Project Site.

THEREFORE, the parties agree as follows:

1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee hereby accepts such assignment from Assignor.

2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site.

3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of (a) delivery of this Agreement, (b) the assignment and assumption contained herein, and (c) the release of Assignor in accordance with Section 13.2 of the Third Amendment. This Agreement shall be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Project Site.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below.
“ASSIGNOR”
_________________________________
a California non-profit religious corporation
“ASSIGNEE”
_________________________________

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Packet Pg. 2283 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “T”

RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this ___ day of ________________, ________.

CITY OF SANTA MONICA
___________________________________
By: _______________________________
Community Development Director

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Packet Pg. 2284 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “U”

EXHIBIT “U”

PHASE II PARKING MANAGEMENT PLAN

1. Purpose
The purpose of the Phase II Parking Management Plan (“Phase II PMP” or “PMP”) is to ensure that Saint John’s will provide sufficient parking to meet the Phase I and Phase II sites’ peak parking demand for its various user groups (including doctors, employees, patients, visitors and others) while Phase II is implemented through a combination of parking facilities owned by Saint John’s and parking facilities leased by Saint John’s.

2. Objectives
a. Aid in the management of Saint John’s parking to effectively and efficiently utilize available parking supply to meet Phase I and Phase II-related peak parking demand from employees, patients, physicians, students and visitors, as well as minimize the impacts of campus activities on nearby residential and commercial neighbors. b. Provide recommendations for parking quantity and operational adjustments, including parking pricing, to make efficient use of existing parking resources and minimize the need for construction of excess parking in later stages of the Phase II buildout. c. Provide data and information to support Saint John’s successful implementation of its Transportation Demand Management Plan and achievement of its peak-period Average Vehicle Ridership targets.

3. Parking Pricing
Saint John’s shall charge its employees, visitors and patients for parking in accordance with the following:
a. For Saint John’s visitors and patients, the parking rate schedule shall be market-based and reviewed at least annually to ensure Saint John’s parking charges are not an incentive for patients and visitors to drive single-occupancy vehicles to the Campus when other commute modes are available. The parking rate schedule shall utilize commercially reasonable increments of time (e.g., 15-20 minutes in 2022), not to exceed twenty (20) minutes, and take into account parking rates in effect from time to time at other commercial parking facilities in the immediate vicinity of Saint John’s to ensure that visitors to, or employees in, other businesses do not have an economic incentive to use Saint John’s parking facilities. The rate schedule must result in charges below the maximum daily rate for its visitors and patients parking for ninety (90) minutes or less.

The ninety (90) minute rate shall not exceed eighty-five percent (85%) of the maximum daily rate.
b. For Saint John’s employees, parking pricing shall be reviewed at least annually considering both (a) Saint John’s and City’s desire to discourage Saint John’s employees from driving single-occupancy vehicles to the Campus when other commute modes are available and (b) Saint John’s and City’s desire to ensure Saint John’s employees that

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drive single-occupancy vehicles to the Campus are not incentivized to find on-street parking in Santa Monica.

4. Employee Notice of Residential Street Parking Prohibition All new employees shall be notified in writing during new employee orientation that parking on the residential streets in the vicinity of Saint John’s is prohibited. In addition, Saint John’s shall, at least annually, notify all employees in writing that parking on the residential streets in the vicinity of Saint John’s is prohibited.

5. Annual PMP Report
On or before February 28 of each year, Saint John’s shall file a PMP report with the City’s Community Development Director or his/her designee. The PMP report shall contain the following information current as of the date of the parking counts specified in subsection (f) below:
a. Saint John’s overall parking supply, including a list and map identifying the location of each parking facility and its distance from Saint John’s main campus, the number of spaces therein, those spaces available through use of attendant and valet operations, and the system of management for each parking facility;
b. Copies of all new parking leases or modifications to existing parking leases entered into since the most recent PMP report;
c. Technical analysis of existing and future parking demand based upon updated population counts in each of Saint John’s user groups;
d. Survey of market rate parking prices in the vicinity of Saint John’s; e. Then-current visitor/patient and employee parking prices; f. Tables setting forth parking demand and parking supply data for each user group based on parking counts taken within 3 weeks of the annual AVR survey week; g. A discussion of overall parking conditions, how TDM implementation has affected parking demand, any deficiencies, and measures Saint John’s intends to implement to address any deficiencies;
h. Any changes Saint John’s proposes to its PMP plan;
i. A copy of Saint John’s most recent PMP; and
j. Assessment of potential parking management techniques (e.g. pricing), prioritization, TDM measures and any other recommendations in support of PMP objectives if identified through the process of annual PMP preparation.

Saint John’s annual PMP report shall be reviewed in accordance with Section 8 of this Exhibit “U”.

6. Mid-Year PMP Updates
a. In the event (a) Saint John’s parking supply is planned to decrease beyond any decrease already anticipated in the annual PMP, (b) the planned decrease will occur prior to filing of the next annual PMP and (c) the parking supply is projected to continue to meet peak parking demand, Saint John’s shall be required to update its then-current PMP with the changes and submit it to the Community Development Director. The PMP update shall specify at a minimum the following information:

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i. Number and location of any parking capacity reduced/decreased or anticipated to be reduced/decreased.
ii. PMP revisions to:
a) Restore such parking capacity on-site or off-site so that sufficient capacity is provided and maintained to meet peak parking demand, including the timeline for provision of replacement parking capacity; or b) Demonstrate that alternative parking spaces are not needed to meet Saint John’s peak parking demand.
iii. If applicable, proposed implementation plan and schedule for new or enhanced TDM measures to offset Saint John’s affected user group(s) parking demand.

Quantification of the parking demand reduction associated with the implementation of new or enhanced TDM measures shall be provided. b. The Community Development Director shall have thirty (30) days to review the PMP update and notify Saint John’s in writing if he/she has any questions or concerns regarding the PMP update. If the Community Development Director does not notify Saint John’s of any questions or concerns regarding the PMP update in writing, the PMP update shall be deemed approved. In the event the Community Development Director does not believe Saint John’s parking supply will be sufficient to meet Saint John’s parking demand if the PMP update is implemented, the applicable provisions of Sections 9-11 of this Exhibit “U” shall apply.

7. Notice of Potential Deficit of Parking and Proposed PMP Modifications A PMP modification shall be required in the event Saint John’s aggregate parking supply has been reduced, or will be reduced, below Saint John’s parking demand for any reason (“material reduction”). In this event:
a. Before any material reduction occurs, Saint John’s shall notify the Community Development Director in writing of the timing of the potential material reduction and Saint John’s plan for ensuring Saint John’s will have sufficient parking supply to meet parking demand before the material reduction occurs. This notice of potential material reduction in Saint John’s parking supply shall be filed a minimum of ninety (90) days prior to the removal or demolition of parking spaces done in conjunction with Phase II site preparation/development or within thirty (30) days of receiving a notice or otherwise learning that a reduction in its leased parking supply has occurred or will occur. b. At least thirty (30) days prior to any such material reduction occurring, Saint John’s shall file a written PMP modification that demonstrates that the revised PMP will be equal or superior in its effectiveness at satisfying Saint John’s parking needs in comparison to the PMP in effect prior to the material reduction. The PMP Modification request shall specify at a minimum the information required for PMP updates pursuant to Section 6 above.

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Packet Pg. 2287 Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) Exhibit “U”

8. Review of Annual PMP and PMP Modifications
The Community Development Director will promptly review Saint John’s annual PMP report and any modifications proposed to its PMP under Sections 6(a) or 7(b) of this Exhibit “U” above. In the event the Community Development Director has objections to the PMP report or proposed PMP modifications, then the Community Development Director will notify Saint John’s in writing of such objections no later than ninety (90) days after receiving the PMP report; provided, however, that if the PMP modification(s) being proposed relates to a relocation of parking to a lot or garage owned or operated by a person or entity other than Saint John’s or any affiliate of Saint John’s, the Community Development Director shall notify Saint John’s in writing of any objection to the new location no later than sixty (60) days after receiving the PMP report. In acting on a PMP modification request, the Community Development Director shall not require Saint John’s to provide any more parking than is reasonably necessary to meet its peak parking demand for Phase I and Phase II development/sites taking into consideration Saint John’s TDM Plan and all other relevant factors.

If the Community Development Director fails to give Saint John’s timely written notice of his or her objections to the PMP report in accordance with this Section 8, Saint John’s may submit a second request for the Community Development Director’s review of the PMP report which conspicuously states: “THE COMMUNITY DEVELOPMENT DIRECTOR’S FAILURE TO NOTIFY SAINT JOHN’S IN WRITING OF ANY OBJECTIONS TO THE PMP REPORT WITHIN SIXTY (60) DAYS SHALL BE DEEMED TO CONSTITUTE APPROVAL OF THE PMP REPORT AND ALL MODIFICATIONS SPECIFIED THEREIN" (a “Second PMP Notice”). If the Community Development Director fails to give Saint John’s timely written notice of his or her objections to the PMP report within sixty (60) days of receipt of a Second PMP Notice, the Community Development Director shall be deemed to have approved such PMP report and the modifications set forth therein.

9. PMP Revisions in Response to City Comments
If the PMP report has not been either approved by the Community Development Director or deemed approved under Section 8 of this Exhibit “U” and the Community Development Director submits written notice to Saint John’s of the City’s objections, then Saint John’s will respond in writing to the City’s notice within sixty (60) days of receiving such notice. Such response shall address the Community Development Director’s concerns including, without limitation, making revisions to its PMP.

10. City Response to Revised PMP
If upon reviewing Saint John’s written response submitted in accordance with Section 9 of this Exhibit “U”, the Community Development Director reasonably determines that the parking supply which will be available to Saint John’s following implementation of the measures specified in the PMP report, as it may be amended in Saint John’s response under Section 9 of this Exhibit “U”, will be insufficient to satisfy Saint John’s parking demand, then within sixty (60) days of receipt of Saint John’s written response, Community Development Director shall provide Saint John’s with written notice that a parking deficit exists. If the Community Development Director fails to provide such notice to Saint John’s within such sixty (60) day period, Saint John’s shall be entitled to submit a Second PMP Notice and, if the Community Development Director fails to give Saint John’s timely written notice of his or her objections to

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the PMP report within fifteen (15) days of receipt of a Second PMP Notice, the Community Development Director shall be deemed to have approved such PMP report, as it may have been amended in Saint John’s response, and the modifications set forth therein. If the Community Development Director provides such written notice in a timely manner, then the Community Development Director and Saint John’s will promptly meet and confer for a period not to exceed thirty (30) days commencing on the date Saint John’s receives the Community Development Director’s notice in an effort to develop a revised PMP that is acceptable to both the Community Development Director and Saint John’s.

11. City Response to Final Revised PMP
Upon the conclusion of the meet and confer process described in Section 10 of this Exhibit “U”, Saint John’s shall submit to the Community Development Director a final revised PMP. If the Community Development Director reasonably determines that such revised PMP will not provide sufficient parking, assuming a utilization rate of at least 90% for the parking supply, the Community Development Director shall so notify Saint John’s in writing specifying the reasons for such determination within thirty (30) days of Saint John’s submission of such revised PMP.

Should the Community Development Director fail to provide such written notice within such time, the Community Development Director shall be deemed to have approved the revised PMP.

If the Community Development Director does provide timely written notice and Saint John’s fails to further revise the PMP in a manner reasonably acceptable to the Community Development Director within thirty (30) days of receipt of such notice, such failure shall constitute a Default under the Development Agreement.

12. Scope of PMP Modifications
Subject to the review process set forth in Sections 8-11 of this Exhibit “U”, Saint John’s and the City agree that a PMP may be modified with respect to the location, design, number of parking spaces, cost of parking, management and operations, access and other features addressed in the current PMP. The PMP may include, without limitation, construction of additional on-site or off-site parking, the leasing of off-site parking, TDM, or other options reasonably acceptable to the City, provided that adequate parking meeting its peak parking demand is maintained by Saint John’s.

13. Phase II Implementation
In accordance with the Phase II Master Plan Standards in Exhibit “Q”, the parking requirements for specified Phase II Buildings will be based upon updated parking demand studies that take into consideration updated empirical data (parking counts) and parking demand projections. The then current annual PMP report may be utilized in preparation of such parking demand studies subject to the timing provisions included in the Phase II Master Plan Standards in Exhibit “Q”.

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Attachment: Exhibits P to U 2022.04.26 (5083 : Second Reading - St Johns DA) City Council
Report
City Council Meeting: April 26, 2022
Agenda Item: 7.D
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance Approving the Military Equipment Use Policy
Recommended Action
Staff recommends that the City Council

1. Introduce for first reading the attached ordinance to approve the military equipment use policy in compliance with Assembly Bill 481.

2. Direct staff to bring the military equipment use policy to the Public Safety Reform and Oversight Commission so that the Commission has an opportunity to provide input before the ordinance approving the military equipment use policy returns to Council.

Executive Summary
A new California Law, Assembly Bill (AB) 481, requires a law enforcement agency to obtain approval from the applicable governing body (here, the City Council) of its military equipment use policy by ordinance regarding the funding, acquisition, and use of military equipment. (See Attachment A.) AB 481 has designated certain equipment as “military equipment,” regardless of whether it was procured from the military or not.

In order to continue to use such equipment acquired prior to January 1, 2022, AB 481 requires the governing body to commence the approval process by May 1, 2022 and adopt the policy within 180 days thereafter.

To comply with the requirements of AB 481, staff recommends that Council commence the approval process by conducting a first reading of the attached ordinance approving a military equipment use policy. (See Attachments B, C.) Staff further recommends that Council direct staff to bring the military equipment use policy to the Public Safety

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Reform and Oversight Commission so that the Commission has an opportunity to provide input before this item returns to Council.

Background
AB 481 defines “military equipment” to include equipment such as unmanned, remotely piloted, powered aerial or ground vehicles; Humvees; command and control vehicles; breaching apparatuses that are explosive in nature; flashbangs; and firearms and ammunition of .50 caliber or greater. Gov. Code, § 7070(c); see Attachment A (AB 481). It is not necessary for equipment to have been procured from the military in order for it to meet the definition of military equipment.

AB 481 defines a “military equipment use policy” as a written document governing the use of military equipment that, at a minimum, addresses the following:
“(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority,

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and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.”
Gov. Code, § 7070(d).

AB 481 requires a law enforcement agency to “commence a governing body approval process” prior to May 1, 2022. If the governing body does not approve and adopt the military equipment use policy within 180 days of when it is first submitted, the law enforcement agency must cease using the military equipment until the policy is approved and the ordinance adopted. AB 481 also requires that any proposed military equipment use policy be made publicly available on the internet website for the law enforcement agency at least 30 days prior to any public hearing concerning the military equipment at issue and for as long as the military equipment is available for use. Gov.

Code, § 7071(b), (d)(2).

Pursuant to AB 481, Council may only approve the military equipment use policy if it determines that each of the following requirements are met. “(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.”

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Gov. Code, § 7071(d)(1)(A)-(D).

If an ordinance approving a military equipment use policy is adopted, AB 481 requires SMPD to submit an annual military equipment report within one year of the policy’s adoption. City Council must then annually review the ordinance and determine whether to renew it and determine whether the use of the military equipment complied with the standards for approval. If there was noncompliance, Council must then either disapprove a renewal of the authorization for that type of equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

Discussion
In compliance with AB 481, SMPD drafted Policy 707, Military Equipment. (See Attachment B). This draft policy was publicly posted at https://www.santamonica.gov/ab-481-military-equipment on March 25, 2022, over 30 days before the Council’s consideration of this item. The proposed ordinance (Attachment C) approves Policy 707, as SMPD’s military equipment use policy in compliance with AB 481.

The policy provides guidelines for the approval, acquisition, and reporting requirements of military equipment as per Government Code sections 7070 through 7072. It also provides a catalogue of the military equipment in SMPD’s possession, along with the current use, required training, rules governing its use, and cost of each item. The proposed policy also requires the appointment of a designated Military Equipment Coordinator.

The proposed policy safeguards the public’s welfare, safety, civil rights, and civil liberties. The policy ensures that there are safeguards, transparency, oversight, and accountability measures in place. For example, in compliance with AB 481, the proposed ordinance and policy requires SMPD to submit a military equipment report to Council within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual military equipment report will also be made

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publicly available on the Police Department’s website for as long as the military equipment is in use and has obtained necessary approval. As required by AB 481, SMPD will also hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing its annual military equipment report at which the community may discuss and ask questions about the report and SMPD’s funding, acquisition, and use of military equipment. In addition to providing input through public hearings, the policy provides information to members of the public on how to register complaints with SMPD related to its use of military equipment.

Given the broad definition of “military equipment” in AB 481, SMPD either utilizes or has in their inventory equipment that meets this definition. Items defined to be “military equipment” in AB 481 are used as part of overall best practices among law enforcement nationally and allow for the safe and timely resolution of dangerous encounters without risking undue harm to the community. No other reasonable alternatives have been identified that will achieve the same objectives of officer and civilian safety. For example, the use of ballistic equipment, less lethal munitions, drone as first responder vehicles (drones), and the like are foundational pieces of equipment used by law enforcement all over the world. Their purpose is to provide officers with more time to deescalate situations and for the development of safer tactical responses in which to resolve life threatening events, which furthers objectives of civilian and officer safety.

These are vital to the preservation of public safety and will continue to be regulated through internal processes and oversight. SMPD has remained committed to utilizing contemporary, efficient, and effective tools in the pursuit of safe outcomes.

Examples of military equipment described in the policy and their necessary role in achieving civilian and officer safety include the following:
• The use of drones provides SMPD the ability to obtain aerial coverage of high-risk locations. This reduces response times to high priority calls and provides officers responding to a location with a holistic view of an incident. Officers responding receive real time information from the drone, which informs SMPD’s resource management and need to escalate or downgrade its response.

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• The use of armored vehicles provides a level of ballistic protection to both officers and citizens, which is a critical need during rescue type of operations, critical incidents, and other hazardous situations. Ballistic vehicles and equipment allow SMPD to gain greater proximity to a threat, which would not be possible without this equipment.
• The mobile command post, known as a command-and-control vehicle, is equipped with essential communication and audio-visual devices that provides SMPD an opportunity to be on scene, work closer to an incident, and leverage resource management. It provides mobility, sheltering, and logistical support.

For instance, during the Santa Monica Community College shooting, all mutual aid resources directed to the scene were guided to the mobile command post.

All decision making and resource placement was performed from one strategic location. Having a centralized incident command location is crucial to any largescale incident and having a command-and-control vehicle provides that. • Less lethal munitions are utilized as best practice methods to assist law enforcement personnel in a variety of contexts, including dealing with violent and riotous crowds that demonstrate a risk of physical harm, extracting a suspect from a fixed location, using in a structure where other weapons would not be safe to use. Use of such equipment, when reasonable, provides an alternative option to use of deadly force and allows law enforcement to address a threat from a greater, safer distance. There must be a clear and present danger and need for the use of such munitions. The use of less lethal munitions is highly monitored, and supervisor approval must be obtained before they are deployed. • Flashbangs and breaching tools are used by SMPDs Special Weapons and Tactics (SWAT) unit and require specialized training to be deployed. They are only utilized during high-risk situations and are necessary to distract and divert a suspect’s attention away from officers so that safer access can be gained. They are used to defeat locked, barricaded, or fortified locations which allow officers to conduct rescues or make entry into volatile locations involving a potential kidnapping or active shooter type of incidents.

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In addition to the equipment described above, SMPD is in possession of two (2) spotting scopes that were obtained through a military surplus program. They are designed to recognize objects at long distances. They hold a higher magnification range and provide a more defined image quality in low light conditions and extreme weather conditions. They increase accuracy in the officer’s target identification and placement resulting in less risk for missed or displaced targets. Should there be a need for a “long rifle team,” typically a SWAT function, the team will consist of a spotter and an operator.

The spotter’s function is a major component as they are the “eyes on” providing necessary and critical intelligence to the rifle operator using the spotting scope. Use of this equipment has been activated for major events in the City, such as the Los Angeles Marathon and other high-profile events on the Pier. They remain an integral part of our critical infrastructure protection package, and there is no reasonable alternative that achieves the same objectives of officer and civilian safety.

All equipment owned by SMPD that is defined by AB 481 will be managed by the Military Equipment Coordinator who will ensure that all equipment is catalogued annually and will make all necessary reporting and notifications for the Chief, the Council and for the annual community engagement meeting.

Should inventory of military equipment run low, pursuant to the policy, SMPD will be allowed to replenish that inventory as is necessary to maintain essential levels for SMPD needs and public safety. Replenishment will not exceed the amount approved by Council and will be documented in the annual report. Anything more than the approved inventory will have to be approved by Council.

As described above, the attached proposed ordinance approves the policy, makes the required findings under Government Code section 7071, and requires SMPD to prepare and publish the annual military equipment report. Pursuant to Government Code section 7071(a)(2), Council has a 180-day period from commencing the approval process through this first reading to adopt the ordinance and approve the policy. Staff recommends that Council direct staff to bring the policy to the Public Safety Reform and

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Oversight Commission so that the Commission has an opportunity to provide input before this item returns to Council.

Financial Impacts
The financial impacts of the continued use of approved military equipment will vary due to the equipment or replenishment thereof. There are no immediate financial impacts related to the adoption of the ordinance and policy.

Prepared By: Belen Sahagun, Executive Administrative Assistant Approved Forwarded to Council
Attachments:

A. Attachment A - AB481 (2021)
B. Attachment B - Military Equipment Use Policy
C. Attachment C - Proposed Ordinance Approving Military Equipment Use Policy D. Written Comment

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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 7.D.a
Packet Pg. 2299 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —

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Packet Pg. 2300 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) (d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406

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Packet Pg. 2301 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —

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Packet Pg. 2302 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406

7.D.a
Packet Pg. 2303 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —

7.D.a
Packet Pg. 2304 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406

7.D.a
Packet Pg. 2305 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) (4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —

7.D.a
Packet Pg. 2306 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406

7.D.a
Packet Pg. 2307 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment,” as that term is defined in Government Code section 7070.

This policy is provided to fulfill the obligations in Assembly Bill No. 481 (2021). (Government Code § 7070; Government Code § 7071; Government Code § 7072). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding such items.
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-tontrucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic Policy
707

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Packet Pg. 2308 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Santa Monica Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Monica Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Responding to inquiries from members of the public on the status of any complaint, question, or concern submitted pursuant to Section 707.10 of this Policy and establishing procedures to ensure that the Department responds to such complaints, questions, or concerns in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
Attachment A contains the list of qualifying military equipment for the Department as well as each equipment’s description, purpose and authorized use, fiscal impact, and any required training prior to its use.
707.4.1 MILITARY EQUIPMENT INVENTORY REPLENISHMENT
When stocks of military equipment have reached low levels, been exhausted, or deemed unrepairable, the Department may replenish these items to maintain essential availability for the Department’s needs and public safety. Replenishing of military equipment shall not exceed the prior amount approved by the governing body. If replenishment of military equipment occurs, the Department shall document any items replenished in the annual military equipment report. The

7.D.b
Packet Pg. 2309 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
Department shall go through the approval process for obtaining military equipment and obtain authorization from the governing body if it wishes to exceed the prior amount of military equipment approved by the governing body.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Mutual aid and training with other law enforcement agencies is often necessary to ensure public safety. The Santa Monica Police Department may collaborate with another law enforcement agency in the deployment, use, or training of military equipment listed in this policy. All borrowed military equipment from other law enforcement agencies shall be used in accordance with departmental policy, applicable laws, and only by individuals with proper training. Unless an exigent circumstance exists, as described below, military equipment should not be used by members of the Santa Monica Police Department if that equipment has not been approved for use in accordance with this policy.
707.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or their designee, the Department may acquire, borrow and/or use military equipment that is not included in this policy. If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
(a) Provide written notice of that acquisition or use to the governing body within 30 days

7.D.b
Packet Pg. 2310 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the governing body within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the governing body. (c) Include the military equipment in the Department’s next annual military equipment report. 707.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 707.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding thefunding, acquisition, or use of military equipment.
707.10 PUBLIC COMPLAINTS, CONCERNS, AND QUESTIONS
The application and use of military equipment may cause questions or concerns for members of the public. It is vitally important that these questions regarding the application and use of military equipment are addressed.

The Santa Monica Police Department is committed to full and fair investigation of complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of complaints made by a member of the public. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. All instances of noncompliance will be reported to the governing body via the annual military equipment report.

Any member of the public can submit a question, concern, or complaint regarding military use equipment to any member of the Department and in any form (e.g. in person, telephone, email, etc.). If a complaint is received, it shall be routed to the Internal Affairs Unit.

Santa Monica Police Department
Internal Affairs Unit
333 Olympic Drive
Santa Monica, CA. 90401
(310) 458-8495
https://www.santamonica.gov/departments/police

7.D.b
Packet Pg. 2311 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 **DRAFT**
ATTACHMENT A:

SANTA MONICA POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST1
Unmanned, remotely piloted, powered aerial or ground vehicles:

1. DJI Matrice 300 RTK
a. Quantity
2 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years
d. Manufacturer Description
“The Matrice 300 RTK is DJI’s latest commercial drone platform that takes inspiration from modern aviation systems. Offering up to 55 minutes of flight time, advanced AI capabilities, 6 Directional Sensing & Positioning and more, the M300 RTK sets a whole new standard by combining intelligence with highperformance and unrivaled reliability.” (https://www.dji.com/matrice-300) e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the Unmanned Aircraft Systems (UAS). g. Fiscal Impact:
a. Initial Cost
$14,599 each
b. Annual Maintenance Cost
Approximately $1,500 each
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It 1 The manufacturer descriptions in this Attachment include citations to publicly accessible website sources. The website source citations utilized herein are for military equipment descriptive purposes only and are not an endorsement by the City of Santa Monica or the Santa Monica Police Department of a particular product or vendor.

In addition, the inventory of certain items of consumable military equipment (e.g. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this Attachment reflects approximations of certain consumable items of military equipment at the time of the policy’s publication.

7.D.b
Packet Pg. 2312 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 2 **DRAFT**
is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

2. DJI Matrice 210
a. Quantity
1 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years (Device no longer in production)
d. Manufacturer Description
“M200 Series includes a robust FlightAutonomy system with a total of 7 sensors. Its Forward Vision System is capable of detecting obstacles up to 30 meters ahead, while the upward facing infrared sensors can sense obstacles within a 5-meter range. A downward facing vision positioning system enables precision hovering and landing.

The main difference between the M200 Series and the rest of the Matrice line of drones is its closed-shell body, which brings added portability, ease-of-use and ruggedness. Additionally, the M210 models can easily accommodate multiple payload configurations, something not previously seen on any drone.” (https://www.dji.com/matrice-200-series/info#faq)
e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the UAS.
g. Fiscal Impact:
a. Initial Cost
$15,000
b. Annual Maintenance Cost
$400
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

3. DJI Phantom 4 Pro
a. Quantity
1 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years

7.D.b
Packet Pg. 2313 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 3 **DRAFT**
d. Manufacturer Description
“The Phantom 4 Pro redefines the iconic Phantom series, bringing imaging and intelligence to new heights. Its uprated camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels, creating dramatically better images. The FlightAutonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The upgraded Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) and also enables you to switch between 2.4GHz and 5.8GHz. It can also be used with an optional integrated monitor for even more reliable transmission. Operators are also further empowered with a new suite of ActiveTrack and TapFly functions.

The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.” (https://www.dji.com/phantom-4- pro/info)
e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the UAS.
g. Fiscal Impact:
a. Initial Cost
$2,000
b. Annual Maintenance Cost
Approximately $500
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

4. DJI Mavic 2 Enterprise
a. Quantity
1 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years
d. Manufacturer Description
“Designed to empower a new generation of workers, the Mavic 2 Enterprise is the ultimate expression of a tool that delivers beyond expectation to meet current workplace challenges and future demands.” (https://www.dji.com/mavic-2- enterprise?site=brandsite&from=nav)
e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use

7.D.b
Packet Pg. 2314 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 4 **DRAFT**
Only assigned operators who have completed the required training shall be permitted to operate the UAS.
g. Fiscal Impact:
a. Initial Cost
$2,995
b. Annual Maintenance Cost
Approximately $500
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

5. Transcend Vantage Robot
a. Quantity
1 b. Capabilities
The robot design allows for two-way communication, remote viewing, and remotely deploy gas or smoke in a target area to promote de-escalation or a tactical advantage for approaching operators. It also has a payload/tow capability which can drag a skid-type stretcher for a citizen/officer rescue or transport up to a 100-pound payload. The robot’s design allows it to ascend and descend stairs, climb walls to look over obstacles, or hang over ledges to look over those obstacles.
c. Expected Lifespan
5 years. Dependent on operational usage and wear.
d. Manufacturer Description
“Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to just figure it out on the first attempt to climb stairs, clothes and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside.” (https://www.transcendrobotics.com) e. Purpose
Provide support for law enforcement operations
f. Authorized Use
The robot is to be used exclusively by the SWAT unit.
g. Fiscal Impact:
a. Initial Cost
$12,421.31
b. Annual Maintenance Cost
As needed dependent on use and wear.
h. Training
Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit.

7.D.b
Packet Pg. 2315 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 5 **DRAFT**
i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

6. Transcend Mini Vantage Robot2
a. Quantity
1 b. Capabilities
The robot design allows for two-way communication, remote viewing to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to ascend and descend stairs and climb over obstacles. c. Expected Lifespan
5 years. Dependent on operational usage and wear.
d. Manufacturer Description
“Transcend’s Mini Vantage robot is the world’s only double-patented automatic obstacle climbing robot for First Responders.

It’s the only option for First Responders that want their robot to “just figure it out” on the first attempt run over clothes and junk without the burden of tedious manual controls or worrying about getting stopped by a shoe.

This means the Mini Vantage can be used without prior training to enter a house or building to see and learn what’s happening before sending officers inside.

This robot is perfect for SWAT operators and patrol officers that need to see what’s around the next two walls before physically going there.

The Mini Vantage robot comes fully loaded.”
(https://www.transcendrobotics.com/transcendproduct/mini-vantage/) e. Purpose
Provide support for law enforcement operations
f. Authorized Use
The robot is to be used exclusively by the SWAT unit.
g. Fiscal Impact:
a. Initial Cost
No charge.
b. Annual Maintenance Cost
As needed dependent on use and wear.
h. Training
Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit.
i. Legal and Procedural Rules
2 The Mini Vantage was given to the Santa Monica Police Department by Transcend in 2021. Due to the COVID-19 pandemic, delays were caused in the manufacturing/shipment of the device. The Santa Monica Police Department is still awaiting shipment of the device.

7.D.b
Packet Pg. 2316 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 6 **DRAFT**
It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

7. RoboteX Avatar Robot
a. Quantity
2 b. Capabilities
The robot design allows for two-way audio and remote viewing in a target area to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to navigate various terrain including stairs, sand, clothing and grass.
c. Expected Lifespan
5 years. Dependent on operational usage and wear.
d. Manufacturer Description
“The AVATAR
®
enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. The AVATAR
®
saves lives by keeping first responders out of harm’s
way, and it does so at a fraction of the price of other robots. The AVATAR
®
Robots are regarded by tactical teams as a standard operational tool, like a firearm, vehicle, or piece of body armor. Departments across the United States and internationally are using the AVATAR
®
Robots. With the AVATAR
®
’s
market beating affordability and ease-of-use, so can you.” (https://robotex.com/products/avatar-tactical-robot/)
e. Purpose
Provide support for law enforcement operations.
f. Authorized Use
The robot is to be used exclusively by the SWAT unit.
g. Fiscal Impact:
a. Initial Cost
$32,400 – Paid for by Urban Areas Security Initiative (UASI) Grant b. Annual Maintenance Cost
As needed dependent on use and wear.
h. Training
Although there is no official training required, department personnel that operate the device train with the SWAT Unit on a bi-weekly basis. i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

Armored Personnel Carriers

1. 2017 Ford F550 - Lenco Bearcat
a. Quantity
1 b. Capabilities

7.D.b
Packet Pg. 2317 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 7 **DRAFT**
The BearCat is a large mobile armored vehicle used to conduct rescues, transport personnel and equipment, and provide security to the public. c. Expected Lifespan
10 years. Dependent on operational usage and wear.
d. Manufacturer Description
“The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent onroad driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government. ” (https://www.lencoarmor.com/model/bearcat-g2-policegovernment/) e. Purpose
Provides armored vehicle response to critical incidents and support for various law enforcement operations.
f. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. g. Fiscal Impact:
a. Initial Cost
$289,224
b. Annual Maintenance Cost
Approximately $3,000
h. Training
In-house department training on proper operation.
i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the Lenco Bearcat for official law enforcement purposes.

Command and Control Vehicles

1. 2016 Freightliner M2 – Custom Design by LDV Custom Specialty Vehicles a. Quantity
1 b. Capabilities
This vehicle can be utilized for a variety of law enforcement needs to include managing a critical incident or special event, conducting DUI Checkpoints and community outreach events, a mobile sub-station for Officers to complete reports, and recently a backup dispatch center when power to the Public Safety Facility had to be turned off for building maintenance. c. Expected Lifespan
10+ years. Dependent on operational usage and wear.
d. Manufacturer Description
“Santa Monica Police Department chose a Freightliner M2 conventional cab chassis with three slide out rooms as the platform for their mobile command unit.

7.D.b
Packet Pg. 2318 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 8 **DRAFT**
It features a 350HP engine and Allison 3000 EVS automatic transmission with PTO provision. The police department chose to incorporate three flat-floor slideout rooms to increase the interior space of their mobile command center.

A large conference room is located in the front with seating for six or more with a Smart overlay that can be easily cordoned off. The access door to the unit is in front of the galley which is home to an electronics racking and cafe style check station. The mobile command center's rear features four large communication workstations. Solid surface countertops have been installed for added durability.

The exterior of the vehicle features a weatherproof exterior workstation with A heavy-duty non-locking telescoping pneumatic mast is located on the rear of the vehicle with camera system. HVAC is handled by three low-profile air conditioners and three wall-mount electric heaters. A heavy-duty fully automatic one-touch leveling system ensures the vehicle sits level while at a scene. To provide coverage to those working outside at the exterior workstation or accessing storage compartments, an electric lateral arm awning has been installed.” https://www.ldvusa.com/truck/santa-monica-police-department-mobilecommand-unit/ e. Purpose
To be used based in the specific circumstances of a given critical incident, large event, natural disaster, or community events.
f. Authorized Use
As directed by a supervisor or other command post operator. g. Fiscal Impact:
a. Initial Cost
$623,485
b. Annual Maintenance Cost
Approximately $15,000
h. Training
California Class B Commercial Driver’s License (CDL) to operate which all candidates must apply for through the Department of Motor Vehicles prior to being scheduled for training. Upon completion of the application, written test, and required medical exam, candidates are assigned to complete a driver training program with certified CDL Instructors at the Big Blue Bus facility. After completing their CDL instruction for a Class B CDL, Air Brakes, and Passenger endorsement, candidates are scheduled to complete their driving test with certified DMV Examiners operating a Big Blue Bus. Upon successful completion on the Big Blue Bus, Licensees then complete a vehicle specific driver’s training and certification on the Mobile Command Post Vehicle as well as the deployment and operation of the onboard equipment. Refresher training on operational equipment is completed with Operators at least once a year or as needed and Operators must complete periodic test drives or deployments to maintain their active status on the Cadre. In addition to training and certification, Operators are mandated as CDL holders to submit to random drug screening tests which are generated by Human Resources on a quarterly basis.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to use the Mobile Command Post (MCP) vehicle only for official law enforcement purposes, and in accordance with California law regarding the operation of motor vehicles.

7.D.b
Packet Pg. 2319 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 9 **DRAFT**
Breaching apparatuses that are explosive in nature

1. Remington 870 Pump Action Shotgun with Royal Arms Breaching Barrel a. Quantity
4 b. Capabilities
This weapon allows for breachers to safely utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges.
c. Expected Lifespan
No manufacture listed lifespan. Dependent on operation usage and wear. d. Manufacturer Description
“The Royal Arms Breaching Stand off Device is purposely made to solve the need of Law Enforcement and Military to Breach Door with the ultimate speed and precision.The Breacher has large aggressive teeth in the muzzle end to bite into the door and grab hard.

The Breacher CNC machined by Royal Arms from Solid Bar Stock 4140 Chromoly Steel using state of the art manufacturing techniques. We then heat treat and give it a super durable Black Nitride finish. The result is a superior product with enhanced technical capabilities. Which in turn offers Law Enforcement, Military, and discerning individuals the ultimate tactical advantage in the field for all operators and at a reasonable price. Make this you First or Last Breacher you will ever own.” (https://royalarms.com/shop/royal-arms-breachingbarrel-door-breacher/) e. Purpose
Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use
Breaching shotguns are to be used exclusively by trained members of the SWAT Unit.
g. Fiscal Impact:
a. Initial Cost
$500
b. Annual Maintenance Cost
Dependent on usage and wear.
h. Training
40 hour Commission on Peace Officer Standards and Training (POST) certified breaching class in order to properly use the specialized weapon/ammunition. i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531.

2. Royal Arms 12 gauge breaching rounds
a. Quantity
100
b. Capabilities
Used to defeat locks, deadbolts, and hinges
c. Expected Lifespan
No manufacture listed lifespan. Dependent on operational usage. d. Manufacturer Description

7.D.b
Packet Pg. 2320 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 10 **DRAFT**
Ammunition is frangible and will break into a powder form upon impact with a solid object. It is designed to be fired point blank against solid objects. https://royalarms.com/product-category/breachingammo/
e. Purpose
Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use
Breaching ammunition are to be used exclusively by trained members of the SWAT Unit
g. Fiscal Impact:
a. Initial Cost
$50 for 5 rounds
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
40 hour POST certified breaching class in order to properly use the specialized weapon/ammunition.
i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531.

Flashbangs, Chemical Agents, Chemical Agent Delivery Devices, and Pepper Ball Launchers

1. Combined Tactical Systems (CTS) 7290 Flash-Bang
a. Quantity
75 b. Capabilities
A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“7290 -The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces an 175db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Flash Bangs are used by special tactical units during hostage rescue and high-risk warrants. It is an ATF-controlled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals.” https://www.combinedsystems.com/product/7290-flashbang-steel-body-priced-individually-must-order-in-quantities-of-12/ e. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

7.D.b
Packet Pg. 2321 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 11 **DRAFT**
f. Authorized Use
Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact:
a. Initial Cost
$52 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
80 hour POST approved SWAT school.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law.

2. Combined Tactical Systems (CTS) 7290M Mini-Bang3
a. Quantity
100
b. Capabilities
A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“7290M – The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of it’s larger counterpart but in a smaller and lighter package.

Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” https://www.combinedsystems.com/product/7290m-mini-bang-steel-body-pricedindividually-must-order-in-quantities-of-12/ e. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
f. Authorized Use
Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact:
a. Initial Cost
$38 each
b. Annual Maintenance Cost
3 The CTS 7290M Mini-Bang devices were purchased by the Santa Monica Police Department in December 2021. Due to the COVID-19 pandemic, however, the shipment of the devices was delayed and are currently not in the Santa Monica Police Department’s possession.

7.D.b
Packet Pg. 2322 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 12 **DRAFT**
As needed to replenish rounds used for incidents and training. h. Training
80 hour POST approved SWAT school.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law.

3. Combined Tactical Systems (CTS) 9230 CS Sting-Ball Grenade a. Quantity
150
b. Capabilities
Designed to emit loud noise, bright light, and rubber projectiles. c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched.”
https://www.combinedsystems.com/product/9230-cs-jet-lite-rubber-ball-grenadepyro/ e. Purpose
Sting-Ball grenade can be used in high-risk tactical operations when confronting potentially armed, knowingly armed, or violent suspects. They can also be used during high-risk warrants, hostage rescue incidents, and in limited instances during mobile field force incidents to provide an added degree of officer safety when being confronted by violent and/or armed subjects. f. Authorized Use
Sting-Ball grenades are primarily used by the SWAT Unit and Mobile Field Force (MFF) but can also be used by department trained and qualified members at the direction of a supervisor.
g. Fiscal Impact:
a. Initial Cost
$51 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sting-Ball grenades shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies.

4. Sage HTM66/3PCS CS and Smoke (hand-toss munitions)
a. Quantity
48 b. Capabilities

7.D.b
Packet Pg. 2323 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 13 **DRAFT**
Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown.
c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“The SAGE 66MM Tri-Canister is a separating continuous discharge pyrotechnic munition available in white screening smoke or in CS irritant smoke. It consists of three separate canisters pressed together with internal separating charges. Upon deployment the canisters separate and land roughly 25 feet apart allowing for a greater area of coverage. This munition can be hand thrown or launched from a fired delivery system. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/HTM66-3P.html
e. Purpose
To safely resolve critical situations such as violent civil unrest and high-risk tactical operations.
f. Authorized Use
Sage CS and Smoke canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
a. Initial Cost
$25-$50 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage CS and smoke shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

5. Defense Technology Chemical Agent (CS) canisters
Han-Ball, Triple Chaser, Spede-Heat, Riot Control, Pocket Tactical, Instantaneous Blast, Tri-Chamber
a. Quantity
32 b. Capabilities
Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown.
c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable
material.https://www.defense-technology.com/product/han-ball-grenade-cs/

7.D.b
Packet Pg. 2324 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 14 **DRAFT**
The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. https://www.defense-technology.com/product/triple-chaser-separating-canistercs/ The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. https://www.defense-technology.com/product/spede-heatcontinuous-discharge-chemical-grenade-cs/ The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. https://www.defense-technology.com/product/riot-control-continuous-dischargegrenade-cs/ The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. https://www.defensetechnology.com/product/pocket-tactical-grenade-cs/ The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. this device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind to the advantage. This 6.12 in. by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent. https://www.defense-technology.com/product/instantaneous-blast-cs-grenade/ The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire.

The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to

7.D.b
Packet Pg. 2325 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 15 **DRAFT**
minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The TriChamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. https://www.defense-technology.com/product/flameless-tri-chamber-csgrenade/ e. Purpose
To safely resolve critical situations such as violent civil unrest and high-risk tactical operations.
f. Authorized Use
Defense Technology CS canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
a. Initial Cost
$25-$50 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Defense Technology CS canisters shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

6. PepperBall VKS, FTC, TAC-700 Launchers and PepperBall Projectiles a. Quantity
7 VKS
2 FTC
5 TAC-700 (No longer in production or serviceable)
2000 rounds of PepperBall projectiles
b. Capabilities
Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s).

Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments. c. Expected Lifespan
PepperBall launcher - No manufacture listed lifespan. Dependent on operational usage and wear.

PepperBall projectiles – Shelf life of 3 years.
d. Manufacturer Description
“PepperBall launchers are designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the PepperBall system offers flexibility, safety and security, all within one platform. Launchers range from a compact lightweight

7.D.b
Packet Pg. 2326 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 16 **DRAFT**
hand-held style that fits on a standard duty belt to a longer barreled shouldermounted launcher with greater range and projectile capacity. Each launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air powering the launch of projectiles. PepperBall launchers are not classified as firearms.” “The heart of the PepperBall system is the patented PepperBall projectile, a hard plastic frangible sphere that is designed to burst upon impact. The gold standard in the industry, PepperBall projectiles are more accurate, more consistent and disperse a larger cloud than competitive offerings. Over a dozen types of projectiles are available with multiple payload options, PAVA concentrations and manufacturing processes.” https://pepperball.com/
e. Purpose
De-escalation tool to safely resolve critical situations and not likely to inflict serious injury.
f. Authorized Use
PepperBall launchers and PepperBall projectiles are to only be used by department trained personnel at the direction of a supervisor g. Fiscal Impact:
a. Initial Cost
VKS - $1,300 each
FTC - $600 each
TAC-700 - $250 each
PepperBall projectiles - $360 for every 90 rounds
b. Annual Maintenance Cost
Based on usage and wear, and as needed to replenish rounds used for incidents and training.
h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
PepperBall launchers and projectiles shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

Projectile Launch Platforms and their associated munitions

1. AMTEC Single Tube 40mm NATO Launcher
a. Quantity
4 b. Capabilities
40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
c. Expected Lifespan
Lifespan varies on operational usage and wear.
d. Manufacturer Description
Produced by Lewis Machine & Tool, the 37LMTS and 40LMTS are the lightest weight single shot tactical launchers produced. The launchers feature an expandable Gen2 Stock and an adjustable Integrated Front Grip (IFG) with light rail, for added mission adaptability, and an improvement on previous models.

Both systems also feature an ambidextrous Lateral Sling Mount (LSM), allowing

7.D.b
Packet Pg. 2327 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 17 **DRAFT**
for a single or two point sling attachment. The Picatinny rail mounting systems accept a wide variety of enhanced optics/sighting systems. The 40LMTS will fire standard less-lethal ammunition up to 4.8 inches in cartridge length, and most low and medium velocity 40mm ammunition.
e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
AMTECT 40mm launchers are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$900 each
ii. Annual Maintenance Cost
As needed based on operation usage and wear
h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. Continual annual department training.
i. Legal and Procedural Rules
AMTEC 40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

2. Sage Deuce 37mm and 40mm NATO Launcher
a. Quantity
37 (30 – 37mm and 7 – 40mm)
*It should be noted that 5 of the 40mm launchers are awaiting shipment to the Santa Monica Police Department. These 5 devices were purchased prior to January 1, 2022.
b. Capabilities
37mm/40mm launchers can deliver 37mm/40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
c. Expected Lifespan
Lifespan varies on operational usage and wear.
d. Manufacturer Description
None - http://www.sageinternationalltd.com/SCOI/DeuceSTD40.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage 37mm and 40mm can be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$1,600 each
ii. Annual Maintenance Cost
As needed based on operation usage and wear
h. Training

7.D.b
Packet Pg. 2328 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 18 **DRAFT**
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage 37mm/40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

3. Sage KO1 Impact Baton
a. Quantity
500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon.
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO1 is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in either standard energy or lessenergy variations. The KO1 is reloadable and is available with smokeless or black powder blended propelling charges to provide law enforcement with affordable realistic training capabilities.”
http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO1 can be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. j. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. k. Legal and Procedural Rules
Sage KO1 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

4. Sage KO2 CS Smoke
a. Quantity
60 b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening

7.D.b
Packet Pg. 2329 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 19 **DRAFT**
behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The K02 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. In a single source configuration the KO2 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration. Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO2 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO2 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

5. Sage K03 Crush Nose Baton
a. Quantity
41 b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO3 is a direct fire crush nose chemical impact baton round that is designed to be used in situations where a combination of kinetic energy and chemical agents is preferred for the incapacitation of hostile and/or noncompliant individuals.

7.D.b
Packet Pg. 2330 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 20 **DRAFT**
Upon impact the KO3 projectile imparts blunt trauma and additionally releases a micro-pulverized CS or OC powder payload as the baton nose is crushed.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO3 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO3 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

6. Sage K04 Screening Smoke
a. Quantity
112
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO4 is a pyrotechnic colored screening smoke munition primarily used for crowd management situations. It is designed to be used for screening operations or for color signaling and marking.

Offered in a short, mid, and long range variations, the KO4 allows the operator the ability to accurately place screening smoke at varying distances. Additionally the KO4 is available in a variety of colors to provide better screening capabilities during operations. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO4 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.

7.D.b
Packet Pg. 2331 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 21 **DRAFT**
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO4 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies.

7. Sage K06 Muzzle Blast
a. Quantity
500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO6 is a non-pyrotechnic chemical muzzle blast munition primarily used for tactical crowd management or close quarter situations. It is designed to deny entry into sensitive areas or relocate and disperse unruly groups or hostile intruders by delivering a cloud of chemical laden powder immediately upon firing.

The KO6 is offered in CS, OC, or practice powder variations. As a nonpyrotechnic munition the KO6 can be utilized both indoors and outdoors as a chemical compliance device.”
http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO6 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. l. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. m. Legal and Procedural Rules

7.D.b
Packet Pg. 2332 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 22 **DRAFT**
Sage KO6 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

8. Sage K07 Multi-Area Impact
a. Quantity
1,500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO7 is a multi-area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds.

Available with either .60caliber or .32 caliber synthetic balls or multiple batons, the KO7 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO7 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO7 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

9. Sage K08 Soft-Tip Impact Baton
a. Quantity
500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening

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Packet Pg. 2333 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 23 **DRAFT**
behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO8 is a direct fire super soft tip impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.

Available in either standard energy or less-energy variations. The KO8 is manufactured with smokeless or black powder blended propelling charges to provide the most accuracy, stabilization and easy clean up.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO8 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO8 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

10. Sage KO42 CS Smoke
a. Quantity
220
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO42 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds.

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Packet Pg. 2334 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 24 **DRAFT**
In a single source configuration the KO42 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration.

Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO42 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO42 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

11. Sage KO47 Multi-Area Impact
a. Quantity
225
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO47 is a multi-projectile area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds.

Available with either .60 caliber or .32 caliber hard synthetic balls or multiple batons, the KO47 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use

7.D.b
Packet Pg. 2335 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 25 **DRAFT**
Sage KO47 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO47 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

12. Sage KO48 Soft-Tip Impact Baton
a. Quantity
225
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO48 cartridge fires a highly accurate direct fire soft tip impact baton projectile that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.

Available in standard, mid-range and less-energy variations. The KO48 is manufactured with smokeless propelling charges to provide the most accurate, stabilization and easy clean up.”
http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO48 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control.

7.D.b
Packet Pg. 2336 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 26 **DRAFT**
i. Legal and Procedural Rules
Sage KO48 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

13. Sage BP5 Barricade Penetrating
a. Quantity
208
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The BP5 is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm launcher. The BP5 achieves superior accuracy and penetration through a combination of barrel rifling and projectile design.

The projectile is made of frangible plastic and is filled with a micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors, and other barriers. The micro-pulverized powder payload is released upon impact.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage BP5 are to be used only by the SWAT Unit.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage BP5 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

Night Vision Equipment

1. Night Vision Goggles - AN/PVS-21 and AN/PVS-7C
a. Quantity
AN/PVS-21 – 5
AN/PVS-7C – 5
b. Capabilities

7.D.b
Packet Pg. 2337 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 27 **DRAFT**
Night vision goggles (NVG) is an optoelectronic device that allows images to be produced in low levels of light approaching total darkness. The use of this equipment allows a tactical advantage for officers especially when operating in low light or dark environments.
c. Expected Lifespan
Devices are provided to the Santa Monica Police Department from the U.S. Navy on a re-occurring one year lease.
d. Manufacturer Description
Unknown
e. Purpose
The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having NVG’s allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVG’s is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments.
f. Authorized Use
NVG’s are authorized for use by the SWAT Unit
g. Fiscal Impact:
a. Initial Cost
$3,000 yearly lease from the U.S. Navy
b. Annual Maintenance Cost
None – Covered by lease agreement
h. Training
SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVG’s.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize NVG’s for official law enforcement purposes and in accordance with state and federal law.

2. Thermal Weapon Sight - AN/PAS-13D (V) 3
a. Quantity
2 b. Capabilities
Thermal sights on weapons see heat. This has advantages in complete darkness, or in the presence of obscurants like dust, smoke, etc. because they can still pick out humans and vehicles. Using deep infrared viewers also avoids “blooms” or whiteouts if someone flashes a bright light source like a flashlight at the operator of the device. Can be mounted on a weapon or used hand-held. c. Expected Lifespan
Devices are on loan to the Santa Monica Police Department from the U.S.

Military through the Federal Defense Logistics Agency (DLA). d. Manufacturer Description
Unknown
e. Purpose
The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having thermal sights allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of thermal sights is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments.

7.D.b
Packet Pg. 2338 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 28 **DRAFT**
f. Authorized Use
Thermal weapon sights are authorized for use by the SWAT Unit g. Fiscal Impact:
a. Initial Cost
No cost - On loan
b. Annual Maintenance Cost
None – Covered by loan agreement
h. Training
SWAT Officers maintain proficiency by continual training and annual weapons qualifications with thermal weapon sights.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize thermal weapon sights for official law enforcement purposes and in accordance with state and federal law.

7.D.b
Packet Pg. 2339 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 City Council Meeting April 26, 2022 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

APPROVING A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, codified in California Government Code sections 7070 et seq., relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the law enforcement agency’s use of such equipment; and WHEREAS, AB 481 requires that the military equipment use policy be approved by the governing body by ordinance and reviewed annually; and

7.D.c
Packet Pg. 2340 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 2 WHEREAS, AB 481 provides that in order for a law enforcement agency to continue to use any military equipment acquired prior to January 1 2021, the governing body must commence the approval process of a military equipment use policy prior to May 1, 2022 and approve such a policy within 180 days of its submission to the governing body; and
WHEREAS, the Santa Monica Police Department is in possession of certain items of equipment that qualify as “military equipment” as defined by AB 481; and WHEREAS, Government Code Section 7071(b) requires that the Santa Monica Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council, at least 30 days prior to any public hearing concerning the policy; and
WHEREAS, on March 25, 2022, the Santa Monica Police Department posted its draft Military Equipment Use Policy to its public website, thereby complying with the 30- day posting requirement prior to a public hearing before City Council on April 26, 2022; and
WHEREAS, the City Council of the City of Santa Monica, having received the information required under AB 481 regarding the Santa Monica Police Department’s use of military equipment as defined by that law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

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

SECTION 1. DEFINITIONS. As used in this Ordinance, the following terms have the following meanings.

7.D.c
Packet Pg. 2341 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 3 (A) “Governing body” means the means the elected body that oversees the Police Department, which, here, is City Council of the City of Santa Monica.
(B) “Military equipment” has the same meaning as that term is defined by Government Code section 7070(c) and includes all of the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock,

7.D.c
Packet Pg. 2342 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 4 such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

7.D.c
Packet Pg. 2343 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 5 (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(C) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of

7.D.c
Packet Pg. 2344 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 6 military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(D) “Police Department” means any division, section, bureau, employee, volunteer or contractor of the Santa Monica Police Department. (E) “Policy 707” means the Police Department’s Policy 707 Military Equipment, attached hereto as Exhibit 1.
(F) “Type” means each item that shares the same manufacturer model number.

SECTION 2. DETERMINATIONS; FINDINGS
(A) Policy 707 satisfies the requirements of a military equipment use policy, as defined in Section 1(C) above and Government Code section 7070(d).

7.D.c
Packet Pg. 2345 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 7 (B) Having considered Policy 707 and the information provided to the City Council at the public hearing, the City Council makes the following determinations required by Government Code 7071(d)(1):
(1) The military equipment inventoried and presented to City Council through Policy 707 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(2) Policy 707 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(3) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 3. APPROVAL; REVIEW
(A) The City Council approves Policy 707.
(B) Policy 707 shall remain publicly available on the Police Department’s website for as long as the military equipment is available for use.

7.D.c
Packet Pg. 2346 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 8 (C) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code section 7071.

SECTION 4. ANNUAL REPORTS ON THE USE OF MILITARY EQUIPMENT (A) The Police Department shall submit a military equipment report to the City Council on an annual basis, containing the information required by and in accordance with Government Code Section 7072.
(B) The Police Department shall make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
(C) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, or use of military equipment. (D) The City Council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section 2(B) above and Government Code section 7071(d). If the City Council determines that a type of military equipment identified in the annual military equipment report has not complied with the standards for approval set forth in Section 2(B) above and Government

7.D.c
Packet Pg. 2347 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 9 Code section 7071(d), the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to Policy 707 in a manner that will resolve the lack of compliance.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance 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 Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Susan Y. Cola
Interim City Attorney

7.D.c
Packet Pg. 2348 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) EXHIBIT 1

7.D.c
Packet Pg. 2349 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
Santa Monica Police Department
Santa Monica Police Department Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment,” as that term is defined in Government Code section 7070.

This policy is provided to fulfill the obligations in Assembly Bill No. 481 (2021). (Government Code § 7070; Government Code § 7071; Government Code § 7072). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding such items.
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-tontrucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic Policy
707

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Santa Monica Police Department Policy Manual
Military Equipment
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Santa Monica Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Monica Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Responding to inquiries from members of the public on the status of any complaint, question, or concern submitted pursuant to Section 707.10 of this Policy and establishing procedures to ensure that the Department responds to such complaints, questions, or concerns in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
Attachment A contains the list of qualifying military equipment for the Department as well as each equipment’s description, purpose and authorized use, fiscal impact, and any required training prior to its use.
707.4.1 MILITARY EQUIPMENT INVENTORY REPLENISHMENT
When stocks of military equipment have reached low levels, been exhausted, or deemed unrepairable, the Department may replenish these items to maintain essential availability for the Department’s needs and public safety. Replenishing of military equipment shall not exceed the prior amount approved by the governing body. If replenishment of military equipment occurs, the Department shall document any items replenished in the annual military equipment report. The

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Military Equipment
Department shall go through the approval process for obtaining military equipment and obtain authorization from the governing body if it wishes to exceed the prior amount of military equipment approved by the governing body.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Mutual aid and training with other law enforcement agencies is often necessary to ensure public safety. The Santa Monica Police Department may collaborate with another law enforcement agency in the deployment, use, or training of military equipment listed in this policy. All borrowed military equipment from other law enforcement agencies shall be used in accordance with departmental policy, applicable laws, and only by individuals with proper training. Unless an exigent circumstance exists, as described below, military equipment should not be used by members of the Santa Monica Police Department if that equipment has not been approved for use in accordance with this policy.
707.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or their designee, the Department may acquire, borrow and/or use military equipment that is not included in this policy. If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
(a) Provide written notice of that acquisition or use to the governing body within 30 days

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Military Equipment
following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the governing body within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the governing body. (c) Include the military equipment in the Department’s next annual military equipment report. 707.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 707.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding thefunding, acquisition, or use of military equipment.
707.10 PUBLIC COMPLAINTS, CONCERNS, AND QUESTIONS
The application and use of military equipment may cause questions or concerns for members of the public. It is vitally important that these questions regarding the application and use of military equipment are addressed.

The Santa Monica Police Department is committed to full and fair investigation of complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of complaints made by a member of the public. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. All instances of noncompliance will be reported to the governing body via the annual military equipment report.

Any member of the public can submit a question, concern, or complaint regarding military use equipment to any member of the Department and in any form (e.g. in person, telephone, email, etc.). If a complaint is received, it shall be routed to the Internal Affairs Unit.

Santa Monica Police Department
Internal Affairs Unit
333 Olympic Drive
Santa Monica, CA. 90401
(310) 458-8495
https://www.santamonica.gov/departments/police

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ATTACHMENT A:

SANTA MONICA POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST1
Unmanned, remotely piloted, powered aerial or ground vehicles:

1. DJI Matrice 300 RTK
a. Quantity
2 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years
d. Manufacturer Description
“The Matrice 300 RTK is DJI’s latest commercial drone platform that takes inspiration from modern aviation systems. Offering up to 55 minutes of flight time, advanced AI capabilities, 6 Directional Sensing & Positioning and more, the M300 RTK sets a whole new standard by combining intelligence with highperformance and unrivaled reliability.” (https://www.dji.com/matrice-300) e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the Unmanned Aircraft Systems (UAS). g. Fiscal Impact:
a. Initial Cost
$14,599 each
b. Annual Maintenance Cost
Approximately $1,500 each
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It 1 The manufacturer descriptions in this Attachment include citations to publicly accessible website sources. The website source citations utilized herein are for military equipment descriptive purposes only and are not an endorsement by the City of Santa Monica or the Santa Monica Police Department of a particular product or vendor.

In addition, the inventory of certain items of consumable military equipment (e.g. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this Attachment reflects approximations of certain consumable items of military equipment at the time of the policy’s publication.

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is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

2. DJI Matrice 210
a. Quantity
1 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years (Device no longer in production)
d. Manufacturer Description
“M200 Series includes a robust FlightAutonomy system with a total of 7 sensors. Its Forward Vision System is capable of detecting obstacles up to 30 meters ahead, while the upward facing infrared sensors can sense obstacles within a 5-meter range. A downward facing vision positioning system enables precision hovering and landing.

The main difference between the M200 Series and the rest of the Matrice line of drones is its closed-shell body, which brings added portability, ease-of-use and ruggedness. Additionally, the M210 models can easily accommodate multiple payload configurations, something not previously seen on any drone.” (https://www.dji.com/matrice-200-series/info#faq)
e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the UAS.
g. Fiscal Impact:
a. Initial Cost
$15,000
b. Annual Maintenance Cost
$400
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

3. DJI Phantom 4 Pro
a. Quantity
1 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years

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d. Manufacturer Description
“The Phantom 4 Pro redefines the iconic Phantom series, bringing imaging and intelligence to new heights. Its uprated camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels, creating dramatically better images. The FlightAutonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The upgraded Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) and also enables you to switch between 2.4GHz and 5.8GHz. It can also be used with an optional integrated monitor for even more reliable transmission. Operators are also further empowered with a new suite of ActiveTrack and TapFly functions.

The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.” (https://www.dji.com/phantom-4- pro/info)
e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the UAS.
g. Fiscal Impact:
a. Initial Cost
$2,000
b. Annual Maintenance Cost
Approximately $500
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

4. DJI Mavic 2 Enterprise
a. Quantity
1 b. Capabilities
Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan
Approximately 4 years
d. Manufacturer Description
“Designed to empower a new generation of workers, the Mavic 2 Enterprise is the ultimate expression of a tool that delivers beyond expectation to meet current workplace challenges and future demands.” (https://www.dji.com/mavic-2- enterprise?site=brandsite&from=nav)
e. Purpose
Provide aerial support for law enforcement operations
f. Authorized Use

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Only assigned operators who have completed the required training shall be permitted to operate the UAS.
g. Fiscal Impact:
a. Initial Cost
$2,995
b. Annual Maintenance Cost
Approximately $500
h. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training.
i. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

5. Transcend Vantage Robot
a. Quantity
1 b. Capabilities
The robot design allows for two-way communication, remote viewing, and remotely deploy gas or smoke in a target area to promote de-escalation or a tactical advantage for approaching operators. It also has a payload/tow capability which can drag a skid-type stretcher for a citizen/officer rescue or transport up to a 100-pound payload. The robot’s design allows it to ascend and descend stairs, climb walls to look over obstacles, or hang over ledges to look over those obstacles.
c. Expected Lifespan
5 years. Dependent on operational usage and wear.
d. Manufacturer Description
“Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to just figure it out on the first attempt to climb stairs, clothes and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside.” (https://www.transcendrobotics.com) e. Purpose
Provide support for law enforcement operations
f. Authorized Use
The robot is to be used exclusively by the SWAT unit.
g. Fiscal Impact:
a. Initial Cost
$12,421.31
b. Annual Maintenance Cost
As needed dependent on use and wear.
h. Training
Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit.

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i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

6. Transcend Mini Vantage Robot2
a. Quantity
1 b. Capabilities
The robot design allows for two-way communication, remote viewing to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to ascend and descend stairs and climb over obstacles. c. Expected Lifespan
5 years. Dependent on operational usage and wear.
d. Manufacturer Description
“Transcend’s Mini Vantage robot is the world’s only double-patented automatic obstacle climbing robot for First Responders.

It’s the only option for First Responders that want their robot to “just figure it out” on the first attempt run over clothes and junk without the burden of tedious manual controls or worrying about getting stopped by a shoe.

This means the Mini Vantage can be used without prior training to enter a house or building to see and learn what’s happening before sending officers inside.

This robot is perfect for SWAT operators and patrol officers that need to see what’s around the next two walls before physically going there.

The Mini Vantage robot comes fully loaded.”
(https://www.transcendrobotics.com/transcendproduct/mini-vantage/) e. Purpose
Provide support for law enforcement operations
f. Authorized Use
The robot is to be used exclusively by the SWAT unit.
g. Fiscal Impact:
a. Initial Cost
No charge.
b. Annual Maintenance Cost
As needed dependent on use and wear.
h. Training
Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit.
i. Legal and Procedural Rules
2 The Mini Vantage was given to the Santa Monica Police Department by Transcend in 2021. Due to the COVID-19 pandemic, delays were caused in the manufacturing/shipment of the device. The Santa Monica Police Department is still awaiting shipment of the device.

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It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

7. RoboteX Avatar Robot
a. Quantity
2 b. Capabilities
The robot design allows for two-way audio and remote viewing in a target area to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to navigate various terrain including stairs, sand, clothing and grass.
c. Expected Lifespan
5 years. Dependent on operational usage and wear.
d. Manufacturer Description
“The AVATAR
®
enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. The AVATAR
®
saves lives by keeping first responders out of harm’s
way, and it does so at a fraction of the price of other robots. The AVATAR
®
Robots are regarded by tactical teams as a standard operational tool, like a firearm, vehicle, or piece of body armor. Departments across the United States and internationally are using the AVATAR
®
Robots. With the AVATAR
®
’s
market beating affordability and ease-of-use, so can you.” (https://robotex.com/products/avatar-tactical-robot/)
e. Purpose
Provide support for law enforcement operations.
f. Authorized Use
The robot is to be used exclusively by the SWAT unit.
g. Fiscal Impact:
a. Initial Cost
$32,400 – Paid for by Urban Areas Security Initiative (UASI) Grant b. Annual Maintenance Cost
As needed dependent on use and wear.
h. Training
Although there is no official training required, department personnel that operate the device train with the SWAT Unit on a bi-weekly basis. i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law.

Armored Personnel Carriers

1. 2017 Ford F550 - Lenco Bearcat
a. Quantity
1 b. Capabilities

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The BearCat is a large mobile armored vehicle used to conduct rescues, transport personnel and equipment, and provide security to the public. c. Expected Lifespan
10 years. Dependent on operational usage and wear.
d. Manufacturer Description
“The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent onroad driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government. ” (https://www.lencoarmor.com/model/bearcat-g2-policegovernment/) e. Purpose
Provides armored vehicle response to critical incidents and support for various law enforcement operations.
f. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. g. Fiscal Impact:
a. Initial Cost
$289,224
b. Annual Maintenance Cost
Approximately $3,000
h. Training
In-house department training on proper operation.
i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the Lenco Bearcat for official law enforcement purposes.

Command and Control Vehicles

1. 2016 Freightliner M2 – Custom Design by LDV Custom Specialty Vehicles a. Quantity
1 b. Capabilities
This vehicle can be utilized for a variety of law enforcement needs to include managing a critical incident or special event, conducting DUI Checkpoints and community outreach events, a mobile sub-station for Officers to complete reports, and recently a backup dispatch center when power to the Public Safety Facility had to be turned off for building maintenance. c. Expected Lifespan
10+ years. Dependent on operational usage and wear.
d. Manufacturer Description
“Santa Monica Police Department chose a Freightliner M2 conventional cab chassis with three slide out rooms as the platform for their mobile command unit.

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It features a 350HP engine and Allison 3000 EVS automatic transmission with PTO provision. The police department chose to incorporate three flat-floor slideout rooms to increase the interior space of their mobile command center.

A large conference room is located in the front with seating for six or more with a Smart overlay that can be easily cordoned off. The access door to the unit is in front of the galley which is home to an electronics racking and cafe style check station. The mobile command center's rear features four large communication workstations. Solid surface countertops have been installed for added durability.

The exterior of the vehicle features a weatherproof exterior workstation with A heavy-duty non-locking telescoping pneumatic mast is located on the rear of the vehicle with camera system. HVAC is handled by three low-profile air conditioners and three wall-mount electric heaters. A heavy-duty fully automatic one-touch leveling system ensures the vehicle sits level while at a scene. To provide coverage to those working outside at the exterior workstation or accessing storage compartments, an electric lateral arm awning has been installed.” https://www.ldvusa.com/truck/santa-monica-police-department-mobilecommand-unit/ e. Purpose
To be used based in the specific circumstances of a given critical incident, large event, natural disaster, or community events.
f. Authorized Use
As directed by a supervisor or other command post operator. g. Fiscal Impact:
a. Initial Cost
$623,485
b. Annual Maintenance Cost
Approximately $15,000
h. Training
California Class B Commercial Driver’s License (CDL) to operate which all candidates must apply for through the Department of Motor Vehicles prior to being scheduled for training. Upon completion of the application, written test, and required medical exam, candidates are assigned to complete a driver training program with certified CDL Instructors at the Big Blue Bus facility. After completing their CDL instruction for a Class B CDL, Air Brakes, and Passenger endorsement, candidates are scheduled to complete their driving test with certified DMV Examiners operating a Big Blue Bus. Upon successful completion on the Big Blue Bus, Licensees then complete a vehicle specific driver’s training and certification on the Mobile Command Post Vehicle as well as the deployment and operation of the onboard equipment. Refresher training on operational equipment is completed with Operators at least once a year or as needed and Operators must complete periodic test drives or deployments to maintain their active status on the Cadre. In addition to training and certification, Operators are mandated as CDL holders to submit to random drug screening tests which are generated by Human Resources on a quarterly basis.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to use the Mobile Command Post (MCP) vehicle only for official law enforcement purposes, and in accordance with California law regarding the operation of motor vehicles.

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Breaching apparatuses that are explosive in nature

1. Remington 870 Pump Action Shotgun with Royal Arms Breaching Barrel a. Quantity
4 b. Capabilities
This weapon allows for breachers to safely utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges.
c. Expected Lifespan
No manufacture listed lifespan. Dependent on operation usage and wear. d. Manufacturer Description
“The Royal Arms Breaching Stand off Device is purposely made to solve the need of Law Enforcement and Military to Breach Door with the ultimate speed and precision.The Breacher has large aggressive teeth in the muzzle end to bite into the door and grab hard.

The Breacher CNC machined by Royal Arms from Solid Bar Stock 4140 Chromoly Steel using state of the art manufacturing techniques. We then heat treat and give it a super durable Black Nitride finish. The result is a superior product with enhanced technical capabilities. Which in turn offers Law Enforcement, Military, and discerning individuals the ultimate tactical advantage in the field for all operators and at a reasonable price. Make this you First or Last Breacher you will ever own.” (https://royalarms.com/shop/royal-arms-breachingbarrel-door-breacher/) e. Purpose
Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use
Breaching shotguns are to be used exclusively by trained members of the SWAT Unit.
g. Fiscal Impact:
a. Initial Cost
$500
b. Annual Maintenance Cost
Dependent on usage and wear.
h. Training
40 hour Commission on Peace Officer Standards and Training (POST) certified breaching class in order to properly use the specialized weapon/ammunition. i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531.

2. Royal Arms 12 gauge breaching rounds
a. Quantity
100
b. Capabilities
Used to defeat locks, deadbolts, and hinges
c. Expected Lifespan
No manufacture listed lifespan. Dependent on operational usage. d. Manufacturer Description

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Ammunition is frangible and will break into a powder form upon impact with a solid object. It is designed to be fired point blank against solid objects. https://royalarms.com/product-category/breachingammo/
e. Purpose
Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use
Breaching ammunition are to be used exclusively by trained members of the SWAT Unit
g. Fiscal Impact:
a. Initial Cost
$50 for 5 rounds
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
40 hour POST certified breaching class in order to properly use the specialized weapon/ammunition.
i. Legal and Procedural Rules
It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531.

Flashbangs, Chemical Agents, Chemical Agent Delivery Devices, and Pepper Ball Launchers

1. Combined Tactical Systems (CTS) 7290 Flash-Bang
a. Quantity
75 b. Capabilities
A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“7290 -The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces an 175db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Flash Bangs are used by special tactical units during hostage rescue and high-risk warrants. It is an ATF-controlled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals.” https://www.combinedsystems.com/product/7290-flashbang-steel-body-priced-individually-must-order-in-quantities-of-12/ e. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

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f. Authorized Use
Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact:
a. Initial Cost
$52 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
80 hour POST approved SWAT school.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law.

2. Combined Tactical Systems (CTS) 7290M Mini-Bang3
a. Quantity
100
b. Capabilities
A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“7290M – The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of it’s larger counterpart but in a smaller and lighter package.

Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” https://www.combinedsystems.com/product/7290m-mini-bang-steel-body-pricedindividually-must-order-in-quantities-of-12/ e. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
f. Authorized Use
Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact:
a. Initial Cost
$38 each
b. Annual Maintenance Cost
3 The CTS 7290M Mini-Bang devices were purchased by the Santa Monica Police Department in December 2021. Due to the COVID-19 pandemic, however, the shipment of the devices was delayed and are currently not in the Santa Monica Police Department’s possession.

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As needed to replenish rounds used for incidents and training. h. Training
80 hour POST approved SWAT school.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law.

3. Combined Tactical Systems (CTS) 9230 CS Sting-Ball Grenade a. Quantity
150
b. Capabilities
Designed to emit loud noise, bright light, and rubber projectiles. c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched.”
https://www.combinedsystems.com/product/9230-cs-jet-lite-rubber-ball-grenadepyro/ e. Purpose
Sting-Ball grenade can be used in high-risk tactical operations when confronting potentially armed, knowingly armed, or violent suspects. They can also be used during high-risk warrants, hostage rescue incidents, and in limited instances during mobile field force incidents to provide an added degree of officer safety when being confronted by violent and/or armed subjects. f. Authorized Use
Sting-Ball grenades are primarily used by the SWAT Unit and Mobile Field Force (MFF) but can also be used by department trained and qualified members at the direction of a supervisor.
g. Fiscal Impact:
a. Initial Cost
$51 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sting-Ball grenades shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies.

4. Sage HTM66/3PCS CS and Smoke (hand-toss munitions)
a. Quantity
48 b. Capabilities

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Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown.
c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
“The SAGE 66MM Tri-Canister is a separating continuous discharge pyrotechnic munition available in white screening smoke or in CS irritant smoke. It consists of three separate canisters pressed together with internal separating charges. Upon deployment the canisters separate and land roughly 25 feet apart allowing for a greater area of coverage. This munition can be hand thrown or launched from a fired delivery system. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/HTM66-3P.html
e. Purpose
To safely resolve critical situations such as violent civil unrest and high-risk tactical operations.
f. Authorized Use
Sage CS and Smoke canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
a. Initial Cost
$25-$50 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage CS and smoke shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

5. Defense Technology Chemical Agent (CS) canisters
Han-Ball, Triple Chaser, Spede-Heat, Riot Control, Pocket Tactical, Instantaneous Blast, Tri-Chamber
a. Quantity
32 b. Capabilities
Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown.
c. Expected Lifespan
5-year shelf-life
d. Manufacturer Description
The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable
material.https://www.defense-technology.com/product/han-ball-grenade-cs/

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The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. https://www.defense-technology.com/product/triple-chaser-separating-canistercs/ The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. https://www.defense-technology.com/product/spede-heatcontinuous-discharge-chemical-grenade-cs/ The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. https://www.defense-technology.com/product/riot-control-continuous-dischargegrenade-cs/ The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. https://www.defensetechnology.com/product/pocket-tactical-grenade-cs/ The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. this device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind to the advantage. This 6.12 in. by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent. https://www.defense-technology.com/product/instantaneous-blast-cs-grenade/ The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire.

The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to

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minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The TriChamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. https://www.defense-technology.com/product/flameless-tri-chamber-csgrenade/ e. Purpose
To safely resolve critical situations such as violent civil unrest and high-risk tactical operations.
f. Authorized Use
Defense Technology CS canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
a. Initial Cost
$25-$50 each
b. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Defense Technology CS canisters shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

6. PepperBall VKS, FTC, TAC-700 Launchers and PepperBall Projectiles a. Quantity
7 VKS
2 FTC
5 TAC-700 (No longer in production or serviceable)
2000 rounds of PepperBall projectiles
b. Capabilities
Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s).

Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments. c. Expected Lifespan
PepperBall launcher - No manufacture listed lifespan. Dependent on operational usage and wear.

PepperBall projectiles – Shelf life of 3 years.
d. Manufacturer Description
“PepperBall launchers are designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the PepperBall system offers flexibility, safety and security, all within one platform. Launchers range from a compact lightweight

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hand-held style that fits on a standard duty belt to a longer barreled shouldermounted launcher with greater range and projectile capacity. Each launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air powering the launch of projectiles. PepperBall launchers are not classified as firearms.” “The heart of the PepperBall system is the patented PepperBall projectile, a hard plastic frangible sphere that is designed to burst upon impact. The gold standard in the industry, PepperBall projectiles are more accurate, more consistent and disperse a larger cloud than competitive offerings. Over a dozen types of projectiles are available with multiple payload options, PAVA concentrations and manufacturing processes.” https://pepperball.com/
e. Purpose
De-escalation tool to safely resolve critical situations and not likely to inflict serious injury.
f. Authorized Use
PepperBall launchers and PepperBall projectiles are to only be used by department trained personnel at the direction of a supervisor g. Fiscal Impact:
a. Initial Cost
VKS - $1,300 each
FTC - $600 each
TAC-700 - $250 each
PepperBall projectiles - $360 for every 90 rounds
b. Annual Maintenance Cost
Based on usage and wear, and as needed to replenish rounds used for incidents and training.
h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
PepperBall launchers and projectiles shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

Projectile Launch Platforms and their associated munitions

1. AMTEC Single Tube 40mm NATO Launcher
a. Quantity
4 b. Capabilities
40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
c. Expected Lifespan
Lifespan varies on operational usage and wear.
d. Manufacturer Description
Produced by Lewis Machine & Tool, the 37LMTS and 40LMTS are the lightest weight single shot tactical launchers produced. The launchers feature an expandable Gen2 Stock and an adjustable Integrated Front Grip (IFG) with light rail, for added mission adaptability, and an improvement on previous models.

Both systems also feature an ambidextrous Lateral Sling Mount (LSM), allowing

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for a single or two point sling attachment. The Picatinny rail mounting systems accept a wide variety of enhanced optics/sighting systems. The 40LMTS will fire standard less-lethal ammunition up to 4.8 inches in cartridge length, and most low and medium velocity 40mm ammunition.
e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
AMTECT 40mm launchers are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$900 each
ii. Annual Maintenance Cost
As needed based on operation usage and wear
h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. Continual annual department training.
i. Legal and Procedural Rules
AMTEC 40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

2. Sage Deuce 37mm and 40mm NATO Launcher
a. Quantity
37 (30 – 37mm and 7 – 40mm)
*It should be noted that 5 of the 40mm launchers are awaiting shipment to the Santa Monica Police Department. These 5 devices were purchased prior to January 1, 2022.
b. Capabilities
37mm/40mm launchers can deliver 37mm/40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
c. Expected Lifespan
Lifespan varies on operational usage and wear.
d. Manufacturer Description
None - http://www.sageinternationalltd.com/SCOI/DeuceSTD40.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage 37mm and 40mm can be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$1,600 each
ii. Annual Maintenance Cost
As needed based on operation usage and wear
h. Training

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POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage 37mm/40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

3. Sage KO1 Impact Baton
a. Quantity
500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon.
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO1 is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in either standard energy or lessenergy variations. The KO1 is reloadable and is available with smokeless or black powder blended propelling charges to provide law enforcement with affordable realistic training capabilities.”
http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO1 can be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. j. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. k. Legal and Procedural Rules
Sage KO1 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

4. Sage KO2 CS Smoke
a. Quantity
60 b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening

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behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The K02 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. In a single source configuration the KO2 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration. Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO2 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO2 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

5. Sage K03 Crush Nose Baton
a. Quantity
41 b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO3 is a direct fire crush nose chemical impact baton round that is designed to be used in situations where a combination of kinetic energy and chemical agents is preferred for the incapacitation of hostile and/or noncompliant individuals.

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Upon impact the KO3 projectile imparts blunt trauma and additionally releases a micro-pulverized CS or OC powder payload as the baton nose is crushed.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO3 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO3 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

6. Sage K04 Screening Smoke
a. Quantity
112
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO4 is a pyrotechnic colored screening smoke munition primarily used for crowd management situations. It is designed to be used for screening operations or for color signaling and marking.

Offered in a short, mid, and long range variations, the KO4 allows the operator the ability to accurately place screening smoke at varying distances. Additionally the KO4 is available in a variety of colors to provide better screening capabilities during operations. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO4 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.

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g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO4 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies.

7. Sage K06 Muzzle Blast
a. Quantity
500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO6 is a non-pyrotechnic chemical muzzle blast munition primarily used for tactical crowd management or close quarter situations. It is designed to deny entry into sensitive areas or relocate and disperse unruly groups or hostile intruders by delivering a cloud of chemical laden powder immediately upon firing.

The KO6 is offered in CS, OC, or practice powder variations. As a nonpyrotechnic munition the KO6 can be utilized both indoors and outdoors as a chemical compliance device.”
http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO6 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. l. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. m. Legal and Procedural Rules

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Sage KO6 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

8. Sage K07 Multi-Area Impact
a. Quantity
1,500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO7 is a multi-area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds.

Available with either .60caliber or .32 caliber synthetic balls or multiple batons, the KO7 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO7 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50 each
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO7 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

9. Sage K08 Soft-Tip Impact Baton
a. Quantity
500
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening

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behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO8 is a direct fire super soft tip impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.

Available in either standard energy or less-energy variations. The KO8 is manufactured with smokeless or black powder blended propelling charges to provide the most accuracy, stabilization and easy clean up.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO8 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO8 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

10. Sage KO42 CS Smoke
a. Quantity
220
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO42 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds.

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In a single source configuration the KO42 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration.

Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO42 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO42 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

11. Sage KO47 Multi-Area Impact
a. Quantity
225
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO47 is a multi-projectile area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds.

Available with either .60 caliber or .32 caliber hard synthetic balls or multiple batons, the KO47 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use

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Sage KO47 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage KO47 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

12. Sage KO48 Soft-Tip Impact Baton
a. Quantity
225
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The KO48 cartridge fires a highly accurate direct fire soft tip impact baton projectile that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.

Available in standard, mid-range and less-energy variations. The KO48 is manufactured with smokeless propelling charges to provide the most accurate, stabilization and easy clean up.”
http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage KO48 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control.

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i. Legal and Procedural Rules
Sage KO48 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

13. Sage BP5 Barricade Penetrating
a. Quantity
208
b. Capabilities
37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon
c. Expected Lifespan
10+ year shelf life
d. Manufacturer Description
“The BP5 is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm launcher. The BP5 achieves superior accuracy and penetration through a combination of barrel rifling and projectile design.

The projectile is made of frangible plastic and is filled with a micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors, and other barriers. The micro-pulverized powder payload is released upon impact.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose
Designed to safely resolve critical situations such as violent civil unrest and highrisk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use
Sage BP5 are to be used only by the SWAT Unit.
g. Fiscal Impact:
i. Initial Cost
$25-$50
ii. Annual Maintenance Cost
As needed to replenish rounds used for incidents and training. h. Training
POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules
Sage BP5 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies.

Night Vision Equipment

1. Night Vision Goggles - AN/PVS-21 and AN/PVS-7C
a. Quantity
AN/PVS-21 – 5
AN/PVS-7C – 5
b. Capabilities

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Packet Pg. 2379 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 27 **DRAFT**
Night vision goggles (NVG) is an optoelectronic device that allows images to be produced in low levels of light approaching total darkness. The use of this equipment allows a tactical advantage for officers especially when operating in low light or dark environments.
c. Expected Lifespan
Devices are provided to the Santa Monica Police Department from the U.S. Navy on a re-occurring one year lease.
d. Manufacturer Description
Unknown
e. Purpose
The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having NVG’s allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVG’s is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments.
f. Authorized Use
NVG’s are authorized for use by the SWAT Unit
g. Fiscal Impact:
a. Initial Cost
$3,000 yearly lease from the U.S. Navy
b. Annual Maintenance Cost
None – Covered by lease agreement
h. Training
SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVG’s.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize NVG’s for official law enforcement purposes and in accordance with state and federal law.

2. Thermal Weapon Sight - AN/PAS-13D (V) 3
a. Quantity
2 b. Capabilities
Thermal sights on weapons see heat. This has advantages in complete darkness, or in the presence of obscurants like dust, smoke, etc. because they can still pick out humans and vehicles. Using deep infrared viewers also avoids “blooms” or whiteouts if someone flashes a bright light source like a flashlight at the operator of the device. Can be mounted on a weapon or used hand-held. c. Expected Lifespan
Devices are on loan to the Santa Monica Police Department from the U.S.

Military through the Federal Defense Logistics Agency (DLA). d. Manufacturer Description
Unknown
e. Purpose
The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having thermal sights allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of thermal sights is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments.

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f. Authorized Use
Thermal weapon sights are authorized for use by the SWAT Unit g. Fiscal Impact:
a. Initial Cost
No cost - On loan
b. Annual Maintenance Cost
None – Covered by loan agreement
h. Training
SWAT Officers maintain proficiency by continual training and annual weapons qualifications with thermal weapon sights.
i. Legal and Procedural Rules
It is the policy of the Santa Monica Police Department to utilize thermal weapon sights for official law enforcement purposes and in accordance with state and federal law.

7.D.c
Packet Pg. 2381 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 Vernice Hankins
From: Homa <[email protected]>
Sent: Tuesday, April 26, 2022 1:46 PM
To: councilmtgitems
Cc: Oscar de la Torre; Gleam Davis; Christine Parra; Phil Brock; Lana Negrete; Sue Himmelrich; Kristin McCowan
Subject: Public comment: Item 7-D - reject the military equipment policy.

EXTERNAL
Dear City Council:

I urge you to reject Item 7-D: the Ordinance Approving Military Equipment Policy.

Santa Monica has demonstrated an alarming inability to hold incompetent and/or malicious officers accountable.

We are still waiting for a report on how a Police Department employee was able to *allegedly* molest children for years.

If the city is unable or unwilling to deliver the promised report from law firm, Atkinson, Andelson, Loya, Ruud & Romo, on the Eric Uller case, then how can we trust the police department to adhere to this new policy on military weapons? How can we trust the police department, or the city itself, to follow any policy? When police malfeasance goes unchecked, we all suffer, including the police officers themselves. Imagine what it feels like to be one of the good cops, watching your colleagues get away with attacking peaceful protestors. What does it feel like to risk your career to report allegations of misconduct against Eric Uller to your superiors, only to have the guy remain on city payroll?
I know there are good cops because I have seen Santa Monica police officers comport themselves with dignity and restraint while dealing with difficult and disturbed community members.

However, my trust in the Santa Monica Police Department has been deeply strained. It has been almost two years since the protests of 2020, and still there is little to no accountability for the officers who attacked peaceful protesters while allowing looters to rampage the city. It feels like the city has spent more time fighting resident oversight than rooting out officer misconduct. Military weaponry for the police won't make me feel safe. What will make me feel safe is when I see our Police Officers held to basic standards of accountability and professionalism.

Thank you
Homa Mojtabai
Santa Monica Resident
(note I'm on the Personnel Board writing in a personal capacity) Item 7.D
04/26/22
1 of 1 Item 7.D
04/26/22

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Packet Pg. 2382 Attachment: Written Comment (5070 : Military Equipment Use Policy) City Council
Report
City Council Meeting: April 26, 2022
Agenda Item: 8.A
1 of 14
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Progress Update and Discussion on Revisions to 6th Cycle Housing Element Update and Modification of Professional Services Agreement with Wood LLC to Provide Additional Scope of Work for the Housing Element EIR Recommended Action
Staff recommends that City Council:

1. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11112 in the amount of $213,041 and extend the term by one additional year with Wood LLC, a professional environmental consulting company based in Washington D.C., to provide additional environmental consulting services for the Housing Element Environmental Impact Report (EIR).

This will result in a three-year amended agreement with a new total amount not to exceed $580,427;

2. Receive an update on the status of responses to comments on the adopted 6th Cycle Housing Element Update; and

3. Direct the City Manager to submit a letter advocating for legislative changes to provide for additional time beyond October 15, 2022 to complete rezoning.

Summary
On February 8, 2022, the California Department of Housing and Community Development (“HCD”) determined that although Santa Monica’s adopted 6th Cycle (2021-2029) Housing Element Update meets many statutory requirements, further revision is necessary in order to comply with all aspects of State Housing Element law (Attachment A). Because Santa Monica did not adopt a certified Housing Element by October 15, 2021 or within the additional 120-day period (i.e. February 12, 2022), Santa Monica was formally deemed out of compliance for the 6th Cycle Housing Element. The consequences of being out of compliance means that the City is required to approve certain types of housing projects and also makes Santa Monica ineligible for some

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affordable housing funding programs that require Housing Element compliance. This report:
• Explains why the City is currently out of compliance on the Housing Element; • Provides information regarding the short- and long-term consequences for being out of compliance; and
• Provides a progress update on addressing HCD’s comments on the Housing Element.

At the time that HCD’s comments on the adopted Housing Element were received, the Planning Commission was in the midst of public hearings on changes to zoning and adopted land use plans that were intended to implement the Housing Element and accelerate housing production. As a result of HCD’s determination, rezoning work has been put on hold until it can be determined how required revisions to the Housing Element’s Suitable Sites Inventory (“SSI”) affect implementation. The SSI identifies parcels in the City that are the basis for demonstrating that the City can accommodate its Regional Housing Needs Assessment (“RHNA”) allocation of 8,895 units through assignment of housing units for each parcel in the SSI. Because cities are required to continuously demonstrate that the RHNA, at every income level, can be accommodated over the entire 8-year Housing Element cycle, the SSI must actually include more units than the allocated RHNA (this is known as the “no net loss” requirement).

The adopted Housing Element SSI included 11,070 units of which 1,884 lower income units were assigned to City-owned sites. Because HCD has raised concerns that the SSI did not adequately account for the potential that 100% commercial projects could be constructed on sites listed in the SSI, as well as potential impediments to housing production caused by existing uses on SSI sites, in addition to other technical corrections to the SSI, it is anticipated that changes to address these concerns will require that the overall number of units in the SSI increase to potentially up to 13,000 units. As a result, without knowing the final overall housing capacity HCD will require the City to demonstrate in the SSI in order to receive a certified Housing Element, it is not possible to complete the rezoning effort with certainty prior to certification.

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On January 2, 2021, the City entered into Agreement No. 11112 with Wood LLC to preparing the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA). On October 12, 2021, the City Council adopted the 2021-2029 6th Cycle Housing Element and certified the associated Housing Element EIR. As noted above, HCD’s comments require study of more housing units than were originally analyzed for the Housing Element, which would trigger the need for supplemental analysis to the certified Housing Element EIR.

A modification to the agreement of $213,041 is required to prepare additional analysis for the Housing Element EIR as necessary to comply with CEQA.

Background
The RHNA is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. For the 6th Cycle planning period of 2021-2029, Santa Monica’s RHNA allocation is 8,895 units, of which 69% must be affordable. Since the City's 6th Cycle RHNA of 8,895 units exceeds the growth that was anticipated and analyzed in the City's Land Use and Circulation Element (LUCE) and Downtown Community Plan, an EIR for the 6th Cycle Housing Element was prepared to satisfy the requirements of CEQA.

The EIR analyzed the environmental impacts of the potential development of new housing units in the next 8 years in the City as a result of the 6th Cycle Housing Element. On November 24, 2020, the Council approved an agreement with Wood LLC for $358,838 to prepare the 2021-2029 6th Cycle Housing Element EIR. The majority of the contract ($260,000) was funded by a Local Early Action Planning (LEAP) grant from HCD. Additionally, on April 26, 2021, the City executed a first modification to the contract in the amount of $8,548 for additional analysis of impacts for the EIR. On October 12, 2021, City Council adopted the 2021-2029 6th Cycle Housing Element and certified the associated 2021-2029 6th Cycle Housing Element EIR. Following Council adoption, City staff submitted the adopted 6th Cycle Housing Element to HCD on November 10, 2021 for a 90 day review period and certification. On February 8, 2022,

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the City received HCD’s review letter stating that additional changes are required to the adopted Housing Element to comply with State housing law.

Contractor Selection
On March 16, 2020, a Request for Proposals for preparation of an EIR for the City of Santa Monica 6th Cycle Housing Element was issued to three qualified firms on the City’s Pre-Qualified list of environmental consultants: Wood LLC, Ascent Environmental, and ICF. Based on the selection criteria in SMMC 2.24.072 as well as the firm’s demonstrated knowledge of the City and CEQA, strong record of preparing legally defensible environmental documentation in the City and other jurisdictions, comprehensive scope of work, and flexible approach, Wood LLC was selected as the best bidder to provide environmental consulting services for the Housing Element EIR.

Past Council Actions
Meeting Date Description
04/28/2020 Council adopted a resolution authorizing application for, and receipt of, LEAP funds in an amount not to exceed $300,000 from the California Housing and Community Development
Department (HCD)
11/24/20 Council approved a contract with Wood LLC for $358,838 to prepare the 2021-2029 6th Cycle Housing Element EIR
10/12/21 Council adopted the 2021-2029 6th Cycle Housing Element and certified the associated 2021-2029 6th Cycle Housing Element EIR
Discussion
Why Santa Monica is Out of Compliance: Key Housing Element Deadlines Jurisdictions within the Southern California Association of Governments (“SCAG”), including the City, were required to adopt compliant 6th Housing Elements by the statutory deadline of October 15, 2021. Draft RHNA allocations were issued in September 2020, however, due to delays caused by the COVID-19 pandemic, RHNA allocations were not finalized by SCAG until March 2021 and written guidance on addressing new Affirmatively Furthering Fair Housing (AFFH) requirements was not issued by HCD until April 2021. Nonetheless, understanding the pressing timelines, the

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City initiated the Housing Element update process in August 2020 with several months of community engagement. The City submitted a draft Housing Element to HCD on July 1, 2021, and the City Council adopted a final Housing Element on October 12, 2021.

Because HCD did not certify the final Housing Element adopted on October 12, 2021, the City has been deemed out of compliance with the October 15, 2021 deadline.

At the time the City adopted its Housing Element, Housing Element law provided for an additional 120 days to adopt a compliant Housing Element (by February 12, 2022) in order to avoid updating the Housing Element every 4 years. However, Assembly Bill 1398, which took effect on January 1, 2022, replaced the 4-year requirement with a new requirement to rezone to accommodate the jurisdiction’s RHNA allocation by October 15, 2022 (i.e. 1 year from the statutory deadline). As previously noted, in order to complete the rezoning, the EIR would require supplemental analysis, which makes meeting the deadline extremely challenging.

Consequences of Being Out of Compliance
The following tables summarizes some of the key consequences of being out of compliance on the Housing Element both in the immediate period and ongoing over the 8-year cycle.

Consequences in Short Term
Gov’t Code Section Trigger Point Short Summary
Housing Accountability
Act: 65589.5(d)(1) &
(5)(B)
• Housing Element is out
of compliance
• Must approve any project with
at least 20% affordable to
60% AMI or 100% Moderate,
even if the project exceeds
zoning or general plan
maximums
• Conditions cannot render the
project infeasible

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Consequences in Short Term
Gov’t Code Section Trigger Point Short Summary
65583.2(c)(1)(A) • Failure to adopt a
Housing Element that
has been certified by
February 12, 2022
• Required to complete
rezoning for RHNA by
October 15, 2022
• HCD has indicated that City
would need to prepare an SSI
specifically for this purpose to
demonstrate compliance with
the rezoning requirement
65583(g) • Rezoning for RHNA
not completed by
October 15, 2022
• City must approve any project
on SSI that meets the
densities in SSI table
• Staff is seeking further
clarification from HCD
whether this applies only to
sites identified on the SSI or
all sites that are slated for
rezoning
65588(e)(4)(C) • Rezoning for RHNA
not completed by
October 15, 2022
• State can start enforcement
proceedings against the City
Housing funding programs
dependent on Housing
Element compliance
• Housing Element is out
of compliance
• Ineligible for funding
programs where the City has
previously been awarded
funding for affordable housing
such as Local Housing Trust
Fund (LHTF) and Permanent
Local Housing Allocation
(PLHA)
• Others include Affordable
Housing and Sustainable
Communities program
(AHSC), SB1, and SB2
Consequences in Long Term
Gov’t Code Section Trigger Point Short Summary

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Consequences in Long Term
Gov’t Code Section Trigger Point Short Summary
Senate Bill 35
(65400, 65582.1, 65913.4)
• Starting with April 1,
2023 Annual Progress
Report (APR) to HCD,
determination by HCD
that Santa Monica has
not issued sufficient
building permits to
meet pro-rated RHNA
for market rate units
and lower-income units
• Determination typically
made in June reviewing
data from January 1 –
December 1, 2022
• Requires ministerial
approval (no public
hearing) for projects
that include minimum
percentage of
affordability and meet
SB35 preconditions
o If Above Moderate
(i.e. market-rate)
RHNA not met then
projects with at least
10% affordability
o If Lower Income
RHNA not met than
projects with at least
50% affordability
• City can only impose
objective standards,
including for design
review
The above table highlights primarily the City’s obligations to approve projects and potential impacts to funding for affordable housing but it should be noted that being out of compliance also means that the State can seek judicial relief in addition to imposing penalties and fines. As part of the 2021-2022 State budget, HCD created a new Housing Accountability Unit to hold jurisdictions accountable for their housing element commitments and compliance with State housing laws
(https://www.hcd.ca.gov/community-development/accountability-enforcement.shtml).

Further, there is also currently proposed legislation (AB1976) that would provide HCD the authority to take over local rezoning if jurisdictions only in the SCAG region are out of compliance for the entire Housing Element cycle. Staff is monitoring this bill and has recommended to oppose unless amended because of the potential loss of local land use control, the lack of distinction between jurisdictions that are making good faith efforts to comply with State law and those that are not, and that it only applies to SCAG as opposed all regions in California.

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Progress Update on Addressing HCD Comments on Adopted Housing Element Staff has had several phone calls with HCD staff seeking clarification and specificity on how to address comments to the Housing Element with the goal of ensuring that the next revision will result in a certified Housing Element. The following is a summary and update on clarification of key issues that particularly impact overall housing capacity in the Housing Element:

Program for City Owned Sites
Program 2E in the Housing Element indicates that 1,884 affordable housing units can be accommodated on 4 city-owned sites as shown in the following table:

Sites Unit
Capacity Constraints
Parking Structure 3
(pending project) 104 None
Wilshire Parking Lots
(3 sites) 130 None
4 th/Arizona 338 Bank leases don’t terminate until 2026 Bergamot Arts Center 707
Property management agreement until April
2027. Annual leases with 30 businesses that
renew each calendar year until redevelopment
Main Street Parking
Lots 605 None but replacement parking will be necessary (Coastal Zone) Total 1,884
HCD’s comments state that given the reliance on City-owned sites to accommodate nearly a third of the RHNA’s affordable unit allocation, far greater commitment from the City to facilitate development on city-owned sites would be needed in terms of making the land available and also detail the efforts that the City would undertake (that are within the City’s control) to remove barriers that result in 100% affordable housing units on City-owned sites. If HCD does not allow use of some City-owned sites on the SSI due to the inability of the City to demonstrate such a commitment, the overall number of units that would need to be accommodated on sites in the SSI would need to increase

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substantially (e.g., in excess of 13,000 units indicated above). HCD has preliminarily indicated that a revised program with the following details would be acceptable:
• Commitment to minimum number of units (note that if minimum number of units for each city-owned site is not met, then those affordable units must be made up elsewhere in the City, which would potentially mean required upzoning on private property to make up affordable unit capacity)
• Commitment to issue Request for Proposals (RFPs) on a regular and routine schedule for City-owned sites
• Explain the process that the City will pursue to develop city-owned sites • Identify any possible partners that would develop 100% affordable housing • List tools that the City has used in the past to facilitate affordable housing such as zoning incentives, streamlined process for 100% affordable housing, substantially reduced or free ground rent, funding through local housing trust fund, and support applications for other funding sources for affordable housing Program for Affirmative Furthering Fair Housing (AFFH) in R1 Zones Program 4C in the Housing Element seeks to provide new housing choices and affordability in high opportunity areas – specifically the City’s R1 zone neighborhoods.

The program seeks to do this by incentivizing additional accessory dwelling units (ADUs) in R1 zones. HCD’s comments state that Program 4C is insufficient to demonstrate the City’s commitment to fully address the AFFH requirement given the perpetuated segregation in R1 neighborhoods, as noted in the Housing Element.

Council provided direction on March 15, 2022 on concepts to include in a forthcoming ordinance to implement SB9, including incentives for additional units of larger R1-zoned parcels in the city. Staff shared this conceptual direction with HCD and received feedback that a new program implementing SB9 and incentivizing additional units in some of the most affluent areas of Santa Monica would still not be sufficient to address the AFFH requirement. HCD referred the City to Long Beach’s Housing Element, which has been certified and includes specific commitments to achieve a certain percentage of all new and affordable units in high resource area, as an example of what HCD would

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accept. Although it should be noted that not all of Long Beach’s high resource areas are R1 neighborhoods, HCD has made clear that Long Beach’s language served as a good example because Santa Monica’s programs must include specific metrics to incentivize housing choice and affordability in R1 zone neighborhoods (which are all high/highest resource areas) in addition to a mid-cycle review to assess whether additional actions need to be taken to achieve established metrics. Staff will continue to consult with HCD on possible options and return to Council with more information regarding revised program concepts that would address this requirement.

Shortfall of Sites to Accommodate Lower Income Units + Removal of Government Constraints
Some of the key programs to address the rezoning necessary to accommodate the affordable allocation in the RHNA and removal of barriers to housing production are Programs 1A (by-right approvals), 1F (rezoning of Downtown), and 1J (rezoning of areas other than Downtown). These programs mention various zoning changes but HCD stated that housing programs, “…must specifically commit to acreage, allowable densities, anticipated units and meet all requirements pursuant to Government Code Section 65583.2, subdivisions (h) and (i).” In consultations with HCD, it has been clarified that HCD is seeking firm commitments on number of units and allowable densities in the revised Housing Element programs such that the language providing flexibility for the City to adjust a range of FARs may be not be acceptable. Staff will continue to consult with HCD on possible options and return to Council with more information regarding revised program concepts that would address this requirement.

HCD Comments and Impact on Study of Overall Units: Why Revisions to EIR Are Necessary
The Housing Element included an overall capacity in the SSI of 11,070 units as shown in the following table:

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HCD’s comments required the adjustment of two factors that result in the increase in overall capacity for the Housing Element SSI:
1) Re-categorizing some SSI sites from future potential (categories 11, 12, and all other categories) to category 1 pending projects. By replacing the theoretical units associated with future potential sites with units actually proposed in pending applications, the lost potential units had to be made up by increasing the capacity on other sites.
2) Because Santa Monica’s non-residential zoning districts allow for both residential and commercial uses, the SSI needs to be revised with a 15% reduction in unit capacity for every SSI site to account for the possibility that some sites could be 100% commercial projects
Projects have continued to be submitted on sites that were identified in the SSI that was adopted in October 2021. Those projects did not all propose the projected number of units, particularly affordable units, in the SSI. Moving SSI sites from “future potential” to “currently pending” means that the lost units, particularly the affordable units, must be absorbed by other sites, which has the effect of also needing to increase the overall capacity in order to make up the difference. The following table shows what is currently in the housing development pipeline as of March 31, 2022 compared to the RHNA. If all

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pending projects proceed into issuance of building permits, the market-rate RHNA will be met but there will be shortfalls in all of the affordable RHNA.

Approved Pending
In
Construction
(count
towards 6th
Cycle) RHNA Remaining
Market Rate 1,682 2,026 86 2,727 (1,067)
Extremely
Low Income 127 24 7 2,794 2,276
Very Low
Income 162 198 --
Low Income 186 33 -- 1,672 1,453
Moderate 149 40 -- 1,702 1,513
Total # of
Units 2,306 2,321 93 8,895 4,175
4,720 Units Anticipated to Count Towards 6th Cycle Housing Element By accounting for pending projects and also an across the board discount of 15% on every SSI site, it is estimated that an increase of up to 13,000 units will be necessary to make up the shortfall and also include a necessary buffer to address the “no net loss” requirement. This is only a preliminary estimate that will be further refined as work continues to respond to HCD’s comments.

Second Modification to Agreement to Expand Scope of Work for Housing Element EIR This second modification to the agreement would expand the scope of work for the certified Housing Element EIR to analyze additional changes to the 2021-2029 6th Cycle Housing Element in response to HCD’s comments. The changes to the adopted Housing Element could increase the number of housing units planned for the City above what was analyzed in the certified Housing Element EIR. Furthermore, this second modification to the agreement would expand the scope of work for the Housing Element EIR in anticipation of additional changes to zoning regulations and extend the terms of the contract to June 30, 2023. Completion of the Housing Element EIR is required by State law prior to consideration of revisions to the adopted Housing Element.

Next Steps

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Staff will return in June 2022 to provide more concrete details and options for Council to consider to be fully responsive to HCD’s comments. In the intervening period, staff will continue to consult with HCD to receive as much clarification as possible on what is needed to address comments while also advocating for legislative changes to provide the City more time to complete the rezoning.

In order to meet Assembly Bill 1398’s October 15, 2022 rezoning deadline, the City would need to adopt both revisions to the Housing Element and zoning/land use plan changes at the same time. While staff is attempting to seek as much clarification as possible on HCD’s comments, there is no guarantee that HCD will certify the revised Housing Element, which would potentially put the City back in the same position with an uncertified Housing Element and continuing to be out of compliance. As a result, in order to ensure that there is sufficient time to complete additional environmental analysis as required by CEQA and that the City has a certified Housing Element before expending more resources in working on zoning and land use plan amendments, the City desires to submit a letter to Assembly Committee on Housing and Community Development and our State representatives to request legislative changes to give more time to complete rezoning for those cities that have adopted Housing Elements prior to the October 15, 2021 statutory deadline.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of the agreement with Wood LLC for environmental consulting services for the Housing Element EIR.

Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2021-22
Budget
Modified
Request
Amount
Dept/CIP Account #
Total Revised
Contract
Amount
11112 $367,386 $213,041 01700002.552010 $580,427

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Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. HCD Comments on Santa Monica's Adopted 6th Cycle Housing Element February 8, 2022
B. Oaks Initiative Form - Wood
C. Contract 11112 - Wood
D. First Modification - Contract 11112 - Wood
E. PowerPoint Presentation

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 8, 2022
David White, City Manager
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear David White:

RE: City of Santa Monica’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Santa Monica’s (City) housing element adopted on October 12, 2021 and received for review on November 10, 2021. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Kenneth Kutcher, Abundant Housing LA, Santa Monica Housing Council, Jason Mastbaum, Tieira Ryder, YIMBY Law, Matthew Millen and the League of Women Voters of Santa Monica, pursuant to Government Code section 65585, subdivision (c).

The adopted element addresses many statutory requirements described in HCD’s August 30, 2021 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households and commenters on this review, by making information regularly available and considering and incorporating comments where appropriate.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the

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Packet Pg. 2397 Attachment: HCD Comments on Santa Monica's Adopted 6th Cycle Housing Element February 8, 2022 (5031 : Housing Element Update and David White, City Manager