City of Santa Monica
City Council Meeting
AGENDA
SUE HIMMELRICH
MAYOR
LANA NEGRETE KRISTIN MCCOWAN
COUNCILMEMBER MAYOR PRO TEM
GLEAM DAVIS PHIL BROCK
COUNCILMEMBER COUNCILMEMBER
CHRISTINE PARRA OSCAR DE LA TORRE
COUNCILMEMBER COUNCILMEMBER
DAVID WHITE
CITY MANAGER
SUSAN Y. COLA
INTERIM CITY ATTORNEY
DENISE ANDERSON-WARREN
CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11405 (CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public hearing is opened for that item. Register to speak at the Speaker Kiosk prior to the meeting and throughout the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers may donate 2 minutes to another person who may speak for a total of 4 minutes on that item. Both the donor of time and the designated speaker must submit their cards in person together.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. Closed Session.
2. Special Agenda Items (City Manager’s Report
Commendations, Presentations, etc.).
3. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).
4. Study Session.
5. Continued Items.
6. Administrative Proceedings.
7. Ordinances:
• 1
st Reading
• 2
nd Reading
8. Staff Administrative Item.
9. Public Hearings.
10. Reports of Boards and Commissions.
11. Resolutions.
12. Written Communications (other than
Reports of Commission and Officers).
13. Councilmember Discussion Items.
14. Public Input (members of the public may
address the City Council only on items
not on the agenda, but within the subject
matter jurisdiction of the City)
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MAY 10, 2022
MEETING BEGINS AT 5:30 PM
WAYS TO PROVIDE REMOTE PUBLIC COMMENT:
Written public comment can be submitted via email to [email protected].
Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
1. CLOSED SESSIONS
1.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees.
1.B. Public Employee Appointment:
Title – City Attorney
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 4 The following is the order of business for items to be heard no earlier than 6:30 p.m.
2. SPECIAL AGENDA ITEMS
2.A. Proclamation: May 2022 as Asian American and Pacific Islander (AAPI) Heritage Month
2.B. Proclamation: Public Works Week (May 15-21)
2.C. Proclamation: National Foster Care Month
2.D. City Manager Report
3. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)
3.A. Approval of 13th Modification to Contract with Vontas (formerly Trapeze) for Computer Automated Dispatch/Automatic Vehicle Locator (CAD-AVL) Warranty Support Services
Recommended Action
Staff recommends that City Council authorize the City Manager to negotiate and execute a 13th modification to agreement #8153 in the amount of $720,953 with Vontas, a subsidiary of Trapeze, Inc., to extend the warranty maintenance of the TransitMaster computer-aided dispatch/automated vehicle location (CAD/AVL) system for two additional option years to allow time to implement a new CAD/AVL system procured through a competitive process while ensuring the current system is supported. This would extend maintenance of the TransitMaster system through June 30, 2025, and result in a new total contract amount not to exceed $6,802,431 with future year funding contingent on Council budget approval.
3.B. Authorization to accept the 2021 Urban Area Security Initiative (UASI) Grant Funds for Homeland Security Projects and enter into a Subrecipient agreement with the City of Los Angeles
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $1,869,845 from the 2021 Urban Area Security Initiative (UASI) for homeland security projects in the Fire and Information Services Departments, and for authority to accept all associated grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
3.C. Approval of First Modification to Agreement with Windstream Communications for Telephony Services
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 5 Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10460 in the amount of $247,500 (including 10% contingency) with Windstream Communications for telephony services for the City of Santa Monica. This will result in an amended agreement with a new total amount not to exceed $584,500, for a new 8-year agreement, with two additional 1-year renewal options for a total 10-year agreement not to exceed $584,500. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $584,500 with future year funding contingent on Council budget approval.
3.D. Approval of First Modification to Agreement with Alliant Insurance Services, Inc. for Property Insurance Brokerage Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10433 in the amount of $267,000 with Alliant Insurance Service, Inc. for property insurance brokerage services. This will result in an eight-year amended agreement with a new total amount not to exceed $692,000, with future year funding contingent on Council budget approval.
3.E. Approval of Barnard Park Villas Rehabilitation and Extension of Affordability Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) and implementing documents based on the attached Term Sheet (Attachment A) with regard to the Barnard Park Villas senior affordable housing development.
3.F. Adoption of a Resolution Authorizing Application for Grant Funds for State Affordable Housing Funding Opportunity
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application for grant funds in an amount not to exceed $5M from the California State Department of Housing and Community Development for the 2022 round of Local Housing Trust Fund Program Matching Grant Funding (Attachment A) in the Community Services Department.
2. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.
3.G. Adoption of a Resolution making AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City boards Commissions and Task Forces through June 9, 2022.
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 6
3.H. Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.
3.I. Approve Minutes for the City Council - Special Meeting - Apr 26, 2022 4:30 PM
3.J. Approve Minutes for the City Council - Regular Meeting - Apr 26, 2022 5:30 PM
6. ADMINISTRATIVE PROCEEDINGS
6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd - Continued at the request of the Appellant
Recommended Action
Staff recommends the City Council:
1. Deny Appeal 20ENT-0275 and approve Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066 for a 7,280 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, based upon the findings and analysis outlined in this report.
2. Adopt the CEQA Findings in this Staff Report under “Compliance with California Environmental Quality Act.”
6.B. Appeal of Landmarks Commission Decision to Deny Application to Designate 305 San Vicente as a City Landmark - Continued at the request of the Appellant
Recommended Action
Staff recommends that the City Council:
1. Deny Appeal 20ENT-0247, appeal of the Landmarks Commission’s decision to deny the designation of the property at 305 San Vicente Boulevard as a City Landmark; and
2. Deny Designation Application (20ENT-0119) to designate the property located at 305 San Vicente Boulevard as a City Landmark based on the revised findings contained in this report.
7. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)
7.A. Second Reading and Adoption of an Ordinance Amending the Text of the City's Zoning Ordinance to Establish a Conditional Use Permit Requirement to Allow a Lawful Nonconforming Restaurant Located Within the R2 or R3 Zoning District that Meets Minimum Requirements to Provide Meal and Alcohol Service to the General Public
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 7 Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
7.B. Introduction and First Reading of Ordinance Extending Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program; Introduction and Adoption of Emergency Interim Zoning Ordinance Changes to Support Santa Monica's Economic Recovery; and Adoption of Resolution Related to Fee Waivers and Reductions
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance to amend Santa Monica Municipal Code Chapter 6.40 Santa Monica Outdoors Pilot Program by extending the term of the pilot program through September 30, 2022.
2. Adopt a resolution to authorize the extension of fee waivers or, if applicable, reductions, through September 30, 2022 for monthly outdoor dining license fees, monthly licensing fees for businesses with permits under Santa Monica Municipal Code Chapter 6.40, outdoor fitness fees in City Parks and the Beach, and certain temporary use permits.
3. Introduce and adopt an Emergency Interim Zoning Ordinance amending and extending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2674 (CCS) and extended by Emergency Interim Zoning Ordinance 2678 authorizing temporary use of private outdoor space for commercial activity and extending certain zoning changes necessary for continued emergency response and economic recovery.
8. STAFF ADMINISTRATIVE ITEMS
8.A. Appointment of City Attorney and Authorization to Execute Agreement Recommended Action
Staff recommends that Council:
1. Appoint Douglas Sloan as City Attorney commencing on June 6, 2022; and
2. Authorize the Mayor to execute an employment agreement with Mr. Sloan for his service as City Attorney.
13. COUNCILMEMBER DISCUSSION ITEMS
13.A. Recommendation to accept Marcy Kaplan's resignation from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy.
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 8
13.B. Request of Councilmembers Negrete, de la Torre, and Brock that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica, as the City currently allows for the sale of medicinal cannabis. The study session shall include suggested Municipal Code changes, as well as options for City Council direction on potential locations, permitting process, social equity provisions to make legal cannabis business ownership and employment opportunities more accessible to low-income individuals and communities most impacted by the criminalization of cannabis, and any other regulatory restrictions as may be appropriate, including the maximum number of medicinal and nonmedicinal cannabis establishments in the City that are recommended. Finally, the study session shall also include municipal code changes that are necessary to allow for Cannabis-themed special events in specified locations in the City.
13.C. Request of Mayor Himmelrich and Councilmembers Brock and Davis that City Council suspend the meetings of the Housing Commission until City Council considers its annual appointments in June 2022. Once the Housing Commission resumes meeting following the appointments, it shall immediately hold elections for Chair and Vice Chair.
13.D. Request of Councilmember Brock that the City Manager return with a Study Session on an expedited basis with a report on the status of existing safety and security of the Third Street Promenade, parking garages, and surrounding areas in downtown Santa Monica including potential options to enhance the safety and security of residents, workforce, and visitors.
14. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.
City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.
City of Santa Monica Generated: 5/12/2022 1:34 PM Page 9 Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Susan Cola, Interim City Attorney, City Attorney's Office Subject: Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
1.A
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City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Erica Cuyugan, Assistant City Librarian, Special Agenda Items Subject: Proclamation: May 2022 as Asian American and Pacific Islander (AAPI) Heritage Month
Prepared By: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council
2.A
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City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: Public Works Week (May 15-21)
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council
2.B
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City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 2.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: National Foster Care Month
Prepared By: Stephanie Venegas, Council Office & Legislative Affairs Liaison Approved Forwarded to Council
2.C
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City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 2.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: City Manager Report
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council
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City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.A
1 of 5
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Operations Subject: Approval of 13th Modification to Contract with Vontas (formerly Trapeze) for Computer Automated Dispatch/Automatic Vehicle Locator (CAD-AVL) Warranty Support Services
Recommended Action
Staff recommends that City Council authorize the City Manager to negotiate and execute a 13th modification to agreement #8153 in the amount of $720,953 with Vontas, a subsidiary of Trapeze, Inc., to extend the warranty maintenance of the TransitMaster computer-aided dispatch/automated vehicle location (CAD/AVL) system for two additional option years to allow time to implement a new CAD/AVL system procured through a competitive process while ensuring the current system is supported.
This would extend maintenance of the TransitMaster system through June 30, 2025, and result in a new total contract amount not to exceed $6,802,431 with future year funding contingent on Council budget approval.
Summary
The Department of Transportation (DOT), Big Blue Bus (BBB) division uses computeraided dispatch/automated vehicle location (CAD/AVL) technology to manage its fleet of 195 battery-electric and renewable natural gas-powered vehicles. The software provides real-time vehicle location data services and communication with the BBB fleet, without which a system of BBB’s size could not operate. CAD/AVL software and hardware for the fleet is currently provided by a system named TransitMaster by Vontas, Inc.
In 2020, the Vontas system had reached end of life and a competitive procurement was initiated for its replacement. After screening several potential vendors, staff recommended award of a contract to Clever Devices, Ltd, which the City Council
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approved in May 2021. To provide seamless continuity of this vital system, staff recommends extending the warranty maintenance contract for Vontas’ proprietary CAD/AVL software and hardware until the new Radio and CAD/AVL systems are fully implemented and operational in 2024.
The existing software and hardware maintenance contract extension with Vontas is necessary to continue to provide essential transportation services to customers who depend on Big Blue Bus (BBB) each day while the new system is being installed and tested.
Staff recommends amending the warranty maintenance contract with Vontas for a oneyear extension for $228,715 in FY2022-23, as well as adding two one-year renewal options for a total three-year amount not to exceed $720,953. This would result in a total 22-year amended agreement with a new total contract amount not to exceed $6,802,431, with future year funding contingent on Council budget approval.
Discussion
Since 2002, BBB has used the same computer-aided dispatch/automated vehicle location (CAD/AVL) software. Originally purchased from Siemens under the brand name Advanced Fleet Management System (AFMS), the software system was later acquired by Continental Motor Systems, Inc., and then by Trapeze, Inc. Under Trapeze, the system was rebranded TransitMaster. In 2020, Trapeze, Inc. divided their products between two divisions, with TransitMaster now being delivered by Vontas.
The CAD/AVL system applies intelligent transportation system (ITS) technologies to track and manage all BBB fixed route service vehicles. The Vontas TransitMaster software and hardware allows BBB to provide more efficient and effective management of its transit system by monitoring and improving schedule adherence, operational efficiency, and quality of service; managing BBB’s voice and data radio-communications systems between vehicles and dispatch center; reducing travel times and operating, training, and maintenance costs; improving operator and customer safety; providing customers with real-time transit and traffic information; and providing reporting of
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information required under FTA regulations. Furthermore, TransitMaster provides crucial vehicle location data to third-party apps that provide real-time location information to customers. TransitMaster is the backbone of many operational processes and interfaces with critical internal and external technologies required by a system of BBB’s size.
An extension of this agreement is necessary until the new CAD/AVL Voice over Internet Protocol (VoIP) system with Clever Devices is implemented and fully operational. While the new CAD/AVL implementation is expected to take approximately two to three years and estimated to be completed by June 30, 2024, two optional one-year extensions of the existing CAD/AVL system with Vontas, through the end of FY2024-25, are being requested out of an abundance of caution to ensure sufficient time is provided to transition to the new CAD/AVL system.
Vendor Selection
Staff recommends Vontas to provide warranty maintenance on their fleet communication CAD-AVL software as an exception to the competitive process due to the proprietary nature of the TransitMaster software and hardware. The warranty maintenance support by Vontas for their software is crucial to ensure that the radio communications and vehicle location services continue uninterrupted, ensuring safer, more efficient operation of BBB’s transit system. This meets the City’s exception to competitive bidding criteria as this service is only available from a single License Holder, as stated in Santa Monica Municipal Code Section 2.24.250 (b).
A new CAD-AVL system was selected through a competitive procurement in 2021.
Award of a contract for radio communication and CAD-AVL services to Clever Devices was adopted by Council on May 25, 2021. This extension of the contract with Vontas will ensure continuity of radio and CAD-AVL service until the new system is installed and fully operational in 2024.
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Past Council Actions
Meeting Date Description
4/28/2020
(attachment A)
Approval of Extension of Software Maintenance Contracts with Trapeze, Inc.
5/25/21
(attachment B)
Award Contracts to Procure, Install, and Maintain Transit Radio and Computer-Aided Dispatch/Automatic Vehicle Location
(CAD/AVL) Systems at Big Blue Bus, Department of Transportation Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Big Blue Bus Fund to increase the amount of the contract with Vontas for the TransitMaster system in an amount not-toexceed $720,953 over one base year, FY2022-23, and two option years, FY2023-24, and FY2024-25. Each option year is competitively priced with a moderate inflation escalator of 4% (base year) and 5% for the option years. Funds are available in the CIP budget. Future year funding is contingent on Council budget approval.
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Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY 2022-23
Budget
Modified
Request Amount
Future Years’
(FY2023-24 and
2024-25)
Modified
Request Amount
CIP Account #
Total Revised
Contract
Amount
8153 $6,081,478 $228,715 $492,238 C6004770.689000 $6,802,431 Prepared By: Barbara Andres, Executive Administrative Assistant Approved Forwarded to Council
Attachments:
A. 4060-Approval of Extension of Software Maintenance Contracts with Trapeze, Inc. (Web Link)
B. 4291-Award Contracts to Procure, Install, and Maintain Transit Radio and Computer-Aided Dispatch/Automatic Vehicle Location (CAD/AVL) Systems (Web Link)
C. AFMS Contract #8153 - Agreement
D. Change Order #6
E. Change Order #7
F. Change Order #8
G. Change Order #9
H. Change Order #10
I. Change Order #11
J. CSA_Twelfth_Mod_Vontas_Transit_Master_9-20-21
K. 2022 OAKS INITIATIVE FORM for Vontas - signed
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.c
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: AFMS Contract #8153 - Agreement (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.d
Packet Pg. 70
Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.d
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #6 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 100 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 101 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 102 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 103 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 104 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 105 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 106 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 107 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 108 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 109 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 110 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 111 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 112 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 113 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 114 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 115 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 116 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 117 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 118 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 119 Attachment: Change Order #7 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 120 Attachment: Change Order #8 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 121 Attachment: Change Order #8 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 122 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 123 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 124 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 125 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 126 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 127 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 128 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 129 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 130 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 131 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 132 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 133 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 134 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 135 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 136 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 137 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 138 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 139 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 140 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 141 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 142 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 143 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 144 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 145 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 146 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 147 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 148 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 149 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 150 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 151 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 152 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 153 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 154 Attachment: Change Order #9 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.h
Packet Pg. 155 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.h
Packet Pg. 156 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 157 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 158 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 159 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 160 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 161 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 162 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 163 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 164 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 165 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 166 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 167 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 168 Attachment: Change Order #10 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.i
Packet Pg. 169 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
3.A.i
Packet Pg. 170 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 171 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 172 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 173 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 174 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 175 Attachment: Change Order #11 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze)) 1 TWELFTH MODIFICATION OF AGREEMENT NO. 8152 (CCS)
This Twelfth Modification of Agreement Number 8153 (CCS) (“Twelfth Modification”), entered into as of June 30, 2021 (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Trapeze Software Group, Inc. (“Trapeze”), a Delaware corporation (collectively referred to as “the parties”), and is made with reference to the following:
RECITALS
A. On or about May 30, 2003, the City and Siemens Transportation Systems, Inc. entered into Agreement Number 8153 (CCS) (“Original Agreement”) for an Advanced Fleet Management System (“AFMS”), which was subsequently amended by the following:
(i) First Modification dated on or about June 1, 2004 to authorize assignment of the agreement to Siemens VDO Automotive Corporation; (ii) Second Modification dated on or about June 17, 2004 to increase the amount of compensation;
(iii) Third Modification dated on or about March 21, 2005 to delete certain services and to reduce the contract price;
(iv) Fourth Modification dated on or about March 2, 2006 to delete certain services and to reduce the contract price;
(v) Fifth modification dated on or about August 11, 2006 to extend the term and amend the deliverables;
(vi) Sixth modification dated on or about December 8, 2008 to authorize assignment of the agreement to Continental Automotive Systems US, Inc.; (vii) Seventh Modification dated on or about June 18, 2009 to extend the term and for revised milestone payments;
(viii) Eighth Modification dated on or about October 19, 2010 to authorize assignment of the agreement to Trapeze ITS U.S.A., LLC; (ix) Ninth Modification dated on or about December 13, 2011 to extend the term, incorporate credits, assign the agreement, and other changes;
(x) Tenth Modification dated on or about February 10, 2014 to delete certain services and to reduce the contract price;
(xi) Eleventh Modification dated on or about September 8, 2015 to exchange certain services and to reduce the contract price; B. The Original Agreement and all subsequent modifications may be collectively DocuSign Envelope ID: 1BF5CC6A-B416-480F-A8D5-43A21B3EA4C7
3.A.j
Packet Pg. 176 Attachment: CSA_Twelfth_Mod_Vontas_Transit_Master_9-20-21 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze)) 2 referred to as the “Agreement.”
C. The City and Trapeze desire to modify the Agreement to extend the contract term’s Maintenance Term through June 30, 2022, and to increase the contract price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 5.1 of the Agreement entitled “Total Contract Amount” shall be updated to reflect the additional Maintenance payments. The total contract amount set forth in the Agreement shall be adjusted to not exceed $5,849,669.61, inclusive of taxes. Section C of the Eleventh Modification is hereby deleted and replaced with the following:
Software/Equipment
Total Per Eleventh
Modification
Changes Per Twelfth
Modification
New Total Per Twelfth
Modification
Licenses $1,491,963.00 $0.00 $1,491,963.00
Hardware $2,775,164.21 $0.00 $2,775,164.21
Services $1,170,508.48 $0.00 $1,170,508.48
Maintenance $293,820.28 $201,443.55 $495,263.83
Liquidated Damages ($97,500.00) $0.00 ($97,500.00)
Management Discount ($361,239.65) $0.00 ($361,239.65)
Contract $5,272,716.32
$5,474,159.87
Tax $375,509.74 $375,509.74
Total $5,648,226.06
$5,849,669.61
Further detail regarding the increase in the maintenance is set forth below:
Twelfth Modification Services Maintenance Summary
ANNUAL PRICE
YEAR 1
Base
Maintenance
7/2021-6/2022
Standard SW Support - TransitMaster * 208 180,180
SOFTWARE MAINTENANCE - BASE 180,180
Standard HW Support - Fixed Route VI VLU or newer & Touch MDT ** 77 21,264 HARDWARE MAINTENANCE - BASE 21,264
TOTAL ANNUAL MAINTENANCE AGREEMENT $201,443.55
Item Description Quantity
* Standard SW support for year 1 is for 11 months (August 1, 2021 - June 30, 2022). ** Standard HW support for year 1 is for 12 months (July 1, 2021 - June 30, 2022).
DocuSign Envelope ID: 1BF5CC6A-B416-480F-A8D5-43A21B3EA4C7
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Packet Pg. 177 Attachment: CSA_Twelfth_Mod_Vontas_Transit_Master_9-20-21 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze)) 3 2. Section 7.4 of the Agreement entitled “Maintenance” shall be deleted in its entirety and replaced with the following paragraph:
Maintenance. After expiration of the Warranties set forth in this Section 7, Vendor shall provide maintenance of the System to the City commencing immediately upon expiration of the Warranties (“Maintenance Term”). The maintenance shall be provided in accordance with the terms and conditions of the Contract Documents. The Maintenance Term shall expire on June 30, 2022.
3. Except as expressly modified by this Second Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
4. For purposes of this Twelfth Modification, electronic, faxed, or scanned signatures shall constitute a valid, binding commitment upon the parties.
IN WITNESS WHEREOF, the parties have executed this Twelfth Modification as of the date and year first written above.
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
Interim City Manager
TRAPEZE SOFTWARE GROUP, INC.
By: _______________________________
DocuSign Envelope ID: 1BF5CC6A-B416-480F-A8D5-43A21B3EA4C7 George Cardona
Richard Blackburn
Denise Anderson-Warren John Jalili
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Packet Pg. 178 Attachment: CSA_Twelfth_Mod_Vontas_Transit_Master_9-20-21 (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 179 Attachment: 2022 OAKS INITIATIVE FORM for Vontas - signed (5033 : 13th Modification to Contract with Vontas (formerly Trapeze))
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Packet Pg. 180 Attachment: 2022 OAKS INITIATIVE FORM for Vontas - signed (5033 : 13th Modification to Contract with Vontas (formerly Trapeze)) City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.B
1 of 5
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Authorization to accept the 2021 Urban Area Security Initiative (UASI) Grant Funds for Homeland Security Projects and enter into a Subrecipient agreement with the City of Los Angeles
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $1,869,845 from the 2021 Urban Area Security Initiative (UASI) for homeland security projects in the Fire and Information Services Departments, and for authority to accept all associated grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the grant, grant modifications, and all associated grant renewals.
3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. In 2021, $1,869,845 was awarded to the City of Santa Monica Fire Department and the Information Services Department as a part of the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency's Urban Area Security Initiative (UASI) grant:
• The Fire Department was awarded funding totaling $1,177,692 to be used for Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) Equipment, Hazardous Materials (HazMat) Training and Equipment, Urban Search and Rescue (USAR) Training and Equipment, Tactical Emergency Medical Support
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(TEMS) equipment, equipment and props for the Training Center, and programs on behalf of the Los Angeles Area Fire Chiefs’ Association Regional Training Group (LAAFCA RTG).
• The Information Services Department was awarded funding totaling $692,153 to be used on cybersecurity program enhancements. These enhancements include implementing solutions that provide adequate means to monitor and safeguard City’s data stored with cloud-based providers, strengthen identity management, and provide greater cybersecurity risk prioritization to aid in cyberattack prevention.
Staff recommends that Council authorize acceptance of the 2021 UASI grant funds and execution of a subrecipient agreement with the City of Los Angeles for a performance period of September 1, 2021 to May 31, 2024. The City of Los Angeles administers the UASI grant on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica.
Discussion
The UASI program’s focus is on enhancing regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department requested funds to send staff to trainings that support its core public safety missions as well as regional homeland security goals. The following are the four major regional homeland security focus areas of the UASI grant program, known as Investment Justifications:
1. Strengthen interoperable and communications capabilities;
2. Strengthen information sharing, collaboration capabilities, and law enforcement investigations;
3. Protection of critical infrastructure and key resources; and
4. Catastrophic incident planning response and recovery.
The Fire Department proposes to use $277,692 in grant funds to send members to training to support the City’s Type I USAR and HazMat teams and specialized Hazardous Materials CBRNE training. Funding in the amount of $900,000 would be
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used to host the LAAFCA’s RTG training delivery model, which creates and disseminates regional training. There are no direct staffing costs associated with the LAAFCA RTG funds. Santa Monica Fire and all other fire agencies in Los Angeles County have access to the training delivery modules and learning content provided under the grant funding. The remaining funding would be used to support equipment purchases for the TEMS program and new equipment and props for the Fire Department’s Training Center. There are no additional ongoing costs associated with Fire’s grant funding and any equipment will be replaced with ongoing grant funding at the end of the equipment’s useful life.
The Fire Department was also able to secure $692,153 from this year’s grant for use by the Information Services Department (ISD) to fund the City’s ongoing cybersecurity program. This funding will assist the information security team with applying enhancement measures to strengthen identity management, safeguard City data stored with cloud-based vendors and provide greater cybersecurity risk prioritization to aid in cyberattack prevention. The purchase of the requested measures will require an equipment and software subscription renewal in subsequent years, beginning in Fiscal Year 2023-24. Staff has secured UASI 2022 funds to cover the subscription costs in FY 2023-24. While ongoing funding for these tools has not been secured, staff believes the City will benefit from the enhanced cyber security tools for at least two years. Staff will pursue additional grant funding opportunities for future funding. If future grant funds are not available for the ongoing subscription expenses thereafter, staff will discontinue its use of these tools. Procurement for projects funded by the UASI grant will follow Santa Monica’s policies regarding competitive procurement processes.
The UASI program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The UASI grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or human-made disasters. These funds can not be used for general purposes and must be specified at the time of application. Homeland security purchases must be pre3.B Packet Pg. 183
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approved by the state and align with grant guidelines.
The UASI grant program is 100% federally funded from the Department of Homeland Security and managed through the State of California's Office of Emergency Services.
The City of Santa Monica has received over $20 million in homeland security grant funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.
Financial Impacts
Staff seeks authority to accept a grant totaling $1,869,845 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the 2021 UASI program to fund training and equipment in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.
There are no ongoing costs related to the Fire Department’s grant funding. Future grant funding will be requested to fund any equipment replacement at the end of its useful life.
Staff plans to utilize future UASI funds to support the on-going operational costs for the cybersecurity solutions. If future grant funds are not allocated to the City to cover the costs of the subscription renewals, staff will discontinue its use of these tools.
FY 2021-22 Grant Budget Changes
Establish Revenue Budget Amount Appropriate Funds Amount 20140001.40428F $692,153 20140001.55518F $692,153
20190001.40428F $1,177,692 20190001.55518F $1,177,692
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Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
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City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.C
1 of 4
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department, Infrastructure and Cloud Services
Subject: Approval of First Modification to Agreement with Windstream Communications for Telephony Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10460 in the amount of $247,500 (including 10% contingency) with Windstream Communications for telephony services for the City of Santa Monica. This will result in an amended agreement with a new total amount not to exceed $584,500, for a new 8-year agreement, with two additional 1-year renewal options for a total 10-year agreement not to exceed $584,500. This recommended award is made as an exception to the competitive bidding process pursuant to Section
2.24.250 (c) and is for a total amount not to exceed $584,500 with future year funding contingent on Council budget approval.
Summary
The City uses a Voice over Internet Protocol (VoIP) based telephony services for all voice communications and business telephone lines. The service is essential for communicating with the public, vendors, and other entities for the purposes of conducting City business. All telephone calls to and from City business lines are routed to the Public Switched Telephone Network (the national, regional, and local telephony infrastructure and services for public telecommunication), using Internet Telephony services currently provided by Windstream Communications. The current agreement with Windstream Communications terminates in June 2022. For the proposed first modification, the City will be piggy backing off a Los Angeles County Agreement (MAIS-1940306-1). Windstream Communications was awarded the County of Los Angeles contract for their telephony services following a competitive bid process. Based on
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Windstream’s agreement with Los Angeles County, the City will achieve an estimated 30% savings off the monthly usage charges (pre-tax and excluding surcharges), as compared to the prior agreement. This pricing also includes bundled minutes, which will help to ensure that City usage charges remain relatively level, irrespective of variances in usage. At this time, staff recommends Council approve a First Modification to reinstate and modify Agreement No. 10460 (CCS) with Windstream Communications for an additional three-year term with two additional 1-year renewal options. If all option terms were exercised, this would result in a 10-year reinstated and amended agreement with a new total cost not to exceed $584,500.
Discussion
The approach to utilize the City’s fiber-optic network as a way to transport telephony services over the Internet has been a forward-thinking strategy and a proven cost saving model since 2011. The City’s fiber extends to One Wilshire telecommunications colocation facility in Downtown Los Angeles. This facility is an important telecommunications Hub for the region, which the City leverages as a part of a broader strategy for its Information Technology (IT) business continuity and disaster recovery plan. The City uses its presence at One Wilshire as a conduit to its colocation data center facility in Las Vegas for disaster recovery; for access to Internet service providers (ISPs); to connect to the ICI (interagency communications interoperability) regional network for public safety radio communications; to provide access to broadband for Community Broadband customers; and, as a way to connect to the Public Switched Telephone Network (PSTN) for Internet telephony service.
As part of the approach discussed above, the City requires Internet telephony service providers to provide services at the following three facilities: 1) from the One Wilshire facility in Los Angeles, 2) at the City’s disaster recovery data center in Las Vegas, Nevada and 3) at the City’s main data center in Santa Monica. These requirements are essential, as the current services for Internet telephony are available through all three facilities, which provides the City geographical diversity essential for its business continuity plan.
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For the first modification, the City will be piggy backing off a Los Angeles County Agreement (MA-IS-1940306-1). Windstream Communications was awarded the County of Los Angeles contract for their telephony services following a competitive bid process.
The City seeks to enter into a First Modification of Agreement No. 10460 to reinstate and amend Agreement No. 10460 for an additional 3-year term, with 2-additional 1-year renewal options, for a total contract amount not to exceed $584,500.
Vendor Selection
Exception to Competitive Bidding
Staff recommends Windstream Communications to furnish and deliver/provide telephony services as an exception to competitive bidding per Muni Code 2.24.250 (c):
competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.
Competitive procedures were followed by the County of Los Angeles for Internet Telephony Services and services are supplied to the City at a better price, resulting in an estimated 30% in savings over previous contract. Windstream Communications is uniquely qualified to provide Internet Telephony Services by their ability to leverage cityowned fiber network. This results in additional savings to the City by eliminating the need for costly leased data circuits to deliver the service.
Past Council Actions
Meeting Date Description
May 23, 2017 Contract Award with Windstream for Internet Telephony Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Information Technology Replacement & Services Fund, funding allocated by all other City funds to cover enterprise technology costs, to increase the amount of the agreement with Windstream Communications for telephony services. Staff recommends modifying the existing agreement to create a new 8-year agreement with an additional two one-year renewal options, for a total of a 10-year agreement. The total modified amount is not to exceed $247,500 for a total 10-year agreement not to exceed $584,500. Future year funding is contingent on Council approval.
Contract/Agreement/Purchase Order Modification Request
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Agreement
#
Current Authorized
Amount
FY 2022-23
Budget
Modified
Request
Amount
Dept/CIP Account
#
Total Revised
Contract
Amount
10460 $337,000 $49,500 C7100020.689000 $584,500
Prepared By: Sarkis Metspakyan, Systems & Network Manager Approved Forwarded to Council
Attachments:
A. Windstream 10460-CCS
B. Oaks_Initiative_Windstream
C. May 23, 2017 Staff Report: Award Agreement with Windstream for Telephone Services (Web Link)
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Packet Pg. 190 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 197 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 199 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 200 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 202 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 203 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 205 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 206 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 208 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 209 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 210 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 211 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 212 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 213 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 214 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 215 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 216 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 217 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 218 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
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Packet Pg. 248 Attachment: Windstream 10460-CCS [Revision 1] (5042 : Windstream Contract Renewal)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
DocuSign Envelope ID: 8D424673-9C24-4E08-90FB-5B30746CD515
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CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________ Windstream Services, LLC Please see attached Please see attached DocuSign Envelope ID: 8D424673-9C24-4E08-90FB-5B30746CD515 [email protected] 8014147076
4/14/2022
Vice President - Enterprise Sales Benjamin Bowen
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Windstream Services, LLC
Name(s) of trustees, directors, partners and officers:
Managers-Tony Thomas and Kristi Moody
Please see Page 4 for Full List of Officers
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
No natural person owns more than a 10% interest in Windstream Services, LLC. Windstream Holdings II, LLC holds a 100% ownership interest in Windstream Services, LLC.
DocuSign Envelope ID: 8D424673-9C24-4E08-90FB-5B30746CD515
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Packet Pg. 251 Attachment: Oaks_Initiative_Windstream (5042 : Windstream Contract Renewal)
WINDSTREAM SERVICES, LLC
April 8, 2022
President & Chief Executive Officer Tony Thomas
Chief Financial Officer Robert E. Gunderman
President – Enterprise & Wholesale Ronald J. Bayer
President – Kinetic Jeff Small
Chief Human Resources Officer Mary Michaels
Chief Information Officer Stephen Farkouh
Chief Procurement Officer Mark M. Reed
Chief Marketing Officer – Enterprise Michael P. Flannery Head of Enterprise Operations & Access Rich Martin
Executive Vice President – General Counsel & Corporate Secretary Kristi Moody Executive Vice President – Enterprise Sales Shawn Murray Executive Vice President – Wholesale Joe Scattareggia
Executive Vice President – Kinetic Sales & Marketing Jeffrey Auman Senior Vice President – Controller John Eichler
Senior Vice President – Financial Planning & Treasurer Drew Smith Senior Vice President – Process Development & Support Kevin Halpin Senior Vice President – Service Delivery Brent McCutchin Senior Vice President – Kinetic Field Operations Barry Bishop Senior Vice President – Wholesale Marc Dyman
Senior Vice President – Head of Channel Robert Westervelt Chief Compliance Officer Gregory Weill
Chief Information Security Officer Amanda Deusenbery
Vice President & Assistant Corporate Secretary Michelle Simpson Vice President – Investor Relations Christopher C. King Vice President – Tax Clay Robinson
Regional President – Sales Aaron Baker
President – Georgia Operations Michael Foor
President – State Operations Danny Ferguson
President – State Operations Stacy Hale
President – State Operations Brian Harman
President – State Operations Brad Hedrick
President – State Operations Susan Schraibman
Director – Regulatory Reporting Tim Loken
DocuSign Envelope ID: 8D424673-9C24-4E08-90FB-5B30746CD515
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Packet Pg. 252 Attachment: Oaks_Initiative_Windstream (5042 : Windstream Contract Renewal) City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.D
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Risk Management Subject: Approval of First Modification to Agreement with Alliant Insurance Services, Inc. for Property Insurance Brokerage Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10433 in the amount of $267,000 with Alliant Insurance Service, Inc. for property insurance brokerage services. This will result in an eight-year amended agreement with a new total amount not to exceed $692,000, with future year funding contingent on Council budget approval.
Summary
The City has utilized the services of Alliant Insurance Services, Inc. (Alliant) to underwrite, negotiate, and secure its property insurance coverage. This type of insurance coverage is critical for the organization, as it protects the City’s facilities and vehicles, valued at over $1.3 billion, against risks such as fire, floods, and earthquakes.
The current property insurance broker agreement with Alliant is set to expire at the end of the current fiscal year. Alliant agreed to extend the agreement for three years at the current annual rate with no year-to-year increases. Staff believes that such a modification to the agreement would be prudent and cost-effective for the City given the current inflationary environment.
Discussion
The Risk Management Division of the Finance Department is responsible for ensuring the City has sufficient insurance in place to cover all liability, workers’ compensation, and property losses. In order to ensure that the City has access to the broadest range of high-quality property insurance coverage at the most competitive price, Risk
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Management staff has relied on a professional insurance brokerage firm to procure the coverage. In addition, only professional brokers can secure difficult, but much needed, earthquake coverage for City buildings.
Alliant has been the City’s property insurance broker for the last 30 years. The company is considered a leader in the public entity insurance industry and is responsible for designing the Alliant Property Insurance Program (APIP). The program was developed specifically to meet the extensive needs of America’s municipalities, hospitals, and nonprofit organizations. Most cities and counties in California participate in APIP; the program annually insures over $450 billion worth of public entity property across the country. The City has participated in APIP since its inception in the mid-1990s and can only continue to do so as Alliant’s client. The program provides numerous advantages for the City, such as:
• APIP’s size and market share can almost always ensure the City obtains the best coverage at the most competitive price, and it can better weather market swings. • APIP provides ample policy limits of $1 billion in all-risk coverage and a low deductible of $100,000 per occurrence for most losses.
• APIP offers more comprehensive coverage than traditional property insurance policies. For example, it provides municipal bond and tax revenue interruption coverage, builders’ risk insurance at no cost for projects valued at $25 million or less, and trained animal coverage (e.g., police dogs, patrol horses, etc.).
On February 28, 2017 (Attachment A), Council approved an agreement with Alliant for property insurance brokerage services following a competitive selection process. With the agreement set to expire on June 30, 2022, Alliant approached staff about extending the agreement. After some negotiation, Alliant agreed to not increase its annual brokerage fee for the next three years. Given Alliant’s proven track record of securing property insurance coverage for the City through its proprietary program, staff believes that it will be in the City’s best interests to extend the contract for an additional three years rather than to go through a new procurement process.
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Past Council Actions
Meeting Date Description
February 28, 2017
(attachment A)
Authorize agreement with Alliant Insurance Services, Inc. following RFP process.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Self Insurance, Risk Management - Administration Fund to increase the amount of the agreement with Alliant Insurance Service, Inc. for property insurance brokerage services. The annual cost for the extension of the agreement is $89,000, which is the same as the cost for FY 2021-22.
Future year funding is contingent on Council budget approval.
Contract Modification Request
Agreement #
Current
Authorized
Amount
Modified
Request
Amount
Dept Account #
Total Revised
Contract
Amount
10433 $425,000 $267,000 75300001.534540 $692,000
Prepared By: Oles Gordeev, Risk Manager
Approved Forwarded to Council
Attachments:
A. Attachment A - Authorize Agreement with Alliant Insurance Services, Inc.
B. OAKS INITIATIVE FORM 4.20.22
C. 5.5.2017 Alliant Professional Services Agreement
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City Council
Report
City Council Meeting: February 28, 2017
Agenda Item: 3.A
1 of 4
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Risk Management Subject: Property Insurance Brokerage Services
Recommended Action
Staff recommends that the City Council:
1. Award RFP #92 to Alliant Insurance Services, Inc., a California-based company, for property insurance brokerage services; and
2. Authorize the City Manager to negotiate and execute a professional services agreement with Alliant Insurance Services, Inc., in an amount not to exceed $425,000 for a five-year period, with future year funding contingent on Council budget approval.
Executive Summary
The City has an ongoing need for professional property insurance brokerage services to underwrite, market, and secure its property insurance coverage. This type of insurance protects the City’s buildings and vehicles, valued at over $890 million, from the perils of fire, flood and/or earthquake. The City’s current property insurance broker agreement is set to expire at the end of this fiscal year, and in preparation for this, staff solicited proposals in accordance with procurement policies and received responses from three brokerage firms. A panel of City staff subsequently evaluated each firm’s proposal and determined that Alliant Insurance Services, Inc. provided the most responsive bid. The panel recommends the City pursue a five-year contract with Alliant at a cost of $425,000.
Background
Alliant Insurance Services, Inc. has served as the City’s property insurance broker for the last twenty-five years. The City has maintained this long standing broker relationship with Alliant because it offers access to the Alliant Property Insurance Program (APIP) - formerly known as the Public Entity Property Insurance Program or PEPIP. APIP was developed specifically to meet the unique needs of public entities, and as the largest property placement in the world, its market share and strength has helped to ensure the City obtains the best property insurance coverage at the most
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competitive price. The City has participated in APIP since its inception and can only continue to do so as a client of Alliant. The City’s current property insurance broker agreement with Alliant is set to expire on June 30, 2017 (see June 26, 2012 staff report). The City continues to survey the marketplace for broker services every five years to determine what other property insurance options are available, and whether these options can compete with APIP’s offerings.
Discussion
The City uses a professional property insurance brokerage firm to procure its property insurance coverage. This is necessary for two reasons: 1) it ensures the City has access to the broadest range of high quality insurance coverage at the most competitive price, and 2) it provides the City with access to property insurance markets only available to professional brokers (e.g., earthquake coverage for City facilities, wavewash coverage for the Pier, etc.).
The broker is responsible for all aspects of procuring property insurance. This includes such tasks as evaluating the City’s property insurance program and recommending alternatives to address changing coverage needs; developing and marketing the program to insurers capable of meeting the City’s needs; and securing cost-effective coverage on behalf of the City.
Consultant Selection
The City issued a Request for Proposals (RFP) for property insurance brokerage services on October 17, 2016. The RFP was posted on the City’s on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. A total of 118 vendors were notified of the RFP. Of those notified, 10 prospective vendors downloaded the RFP and three brokerage firms submitted proposals (Alliant Insurance Services, Arthur J. Gallagher & Company, and AON Risk Services West, Inc.).
A panel of staff from the Finance, Housing and Economic Development, and Public Works Departments reviewed and evaluated the RFP submittals on the basis of
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experience, ability to fulfill the City’s unique property insurance needs, references, and cost. The panel then conducted on-site interviews of all three firms. Through this process, the panel confirmed that Alliant’s APIP continues to deliver the broadest property insurance coverage at the most competitive price. Further, through APIP, the City is guaranteed access to difficult, but much needed, high risk property coverage (e.g., wave wash coverage for the Pier). Finally, APIP provides a variety of valuable public entity-oriented coverages that are not offered in traditional property insurance policies. For example, APIP provides municipal bond and tax revenue interruption coverage, wave-wash coverage, trained animal coverage (e.g., police dogs, mounted patrol horses, etc.), and ample policy limits ($1 billion in all-risk coverage). Relative to broker fees, Alliant came in at mid-range; AON was higher, Gallagher was lower.
Based on the information presented above and SMMC 2.24.073 criteria, staff recommends Alliant Insurance Services, Inc. as the best qualified firm to serve as the City’s property insurance broker.
Financial Impacts and Budget Actions
The contract to be awarded to Alliant Insurance Services, Inc. is for an amount not to exceed $425,000. Funds for the first year of the contract (July 1, 2017 to June 30, 2018) will be requested in the FY 2017-18 budget in the Finance Department. The contract will be charged to account 58229-522040. Future funding is contingent on Council budget approval.
Prepared By: Michael Spenelli, Risk Management Analyst
Approved Forwarded to Council
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Packet Pg. 258 Attachment: Attachment A - Authorize Agreement with Alliant Insurance Services, Inc. (5079 : Property Insurance Brokerage Services) 4 of
4 Attachments:
A. June 26, 2012 Staff Report
B. Oaks Initiative - AIS
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Packet Pg. 259 Attachment: Attachment A - Authorize Agreement with Alliant Insurance Services, Inc. (5079 : Property Insurance Brokerage Services)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 260 Attachment: OAKS INITIATIVE FORM 4.20.22 (5079 : Property Insurance Brokerage Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
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Packet Pg. 261 Attachment: OAKS INITIATIVE FORM 4.20.22 (5079 : Property Insurance Brokerage Services)
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Packet Pg. 262 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 263 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 264 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 265 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 266 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 267 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 268 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 269 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 270 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 271 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 272 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services)
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Packet Pg. 273 Attachment: 5.5.2017 Alliant Professional Services Agreement (5079 : Property Insurance Brokerage Services) City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.E
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To: Mayor and City Council
From: Andy Agle, Director, Community Services Department, Housing and Human Services
Subject: Approval of Barnard Park Villas Rehabilitation and Extension of Affordability Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) and implementing documents based on the attached Term Sheet (Attachment A) with regard to the Barnard Park Villas senior affordable housing development.
Summary
Barnard Park Villas is a 61-apartment community restricted to low-income senior-citizen households (Project) and located at 3356 Barnard Way (Property). The Property is currently owned by Barnard Villas, Ltd. (Owner). The City has the option to purchase the Property, including the improvements, for $1.00 on December 1, 2026, though the existing housing subsidies for the Property expire on June 1, 2023.
In light of upcoming milestones, the Owner has partnered with Thomas Safran and Associates, Inc. (TSA), an affordable housing owner, developer, and operator.
The Owner and TSA are collectively referred to as the “Developer” in this report.
The Developer submitted a proposal to the City to retain and extend their ownership of the Property in exchange for an upfront cash payment to the City and the commitment to renovate the Property and maintain the Project as a low-income senior-citizen apartment complex.
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Through negotiations with staff, the Developer has formalized a proposal to the City that includes the following key provisions:
City Provisions:
The City would receive a $13 million upfront payment to the Housing Trust Fund from the transaction, primarily based on the value of the HUD voucher contract.
The City would ground lease the Property to the Developer for 60 years.
The City would receive annual ground-rent payments equal to $1.00 per year plus a 35% share of the Project’s surplus operating cash flow after the Developer’s annual preferred return (residual receipts).
The affordability covenants would be extended for 60 years to run concurrently with the ground lease term.
Developer Provisions:
The Developer would receive a $19 million upfront payment from the transaction, primarily based on the value of the HUD voucher contract.
The Developer would apply for a new Section 8 project-based voucher contract with an initial 20-year term plus renewal extensions.
The Developer would complete an initial renovation of the Property based on an estimated rehabilitation budget of approximately $9 million.
The Developer would fund an initial $120,000 capital reserve and would be required to maintain the Property per defined standards throughout the 60-year ground lease term.
The Developer would receive an annual $225,000 preferred return for 15 years.
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The Developer would receive 65% of the Project’s residual receipts and the City would receive 35% of the Project’s residual receipts, which would be calculated after the Developer’s annual preferred return.
The Developer would provide enhanced social services to the tenants during the term of the ground lease.
The Developer’s proposal would extend the affordability covenants at the Property for an additional 60 years, as well as provide a renovated Property and on-going maintenance of the Property for current and future tenants. In addition, the proposal would extend the existing Section 8 project-based voucher contract for at least another 20 years, as well as provide enhanced social services to the tenants. Furthermore, the Developer’s proposal does not require any financial assistance from the City, and instead, offers the City both an upfront cash payment to the Housing Trust Fund as well as participation in the Project’s surplus cash flow on an annual basis.
Background
In 1981, the City’s former redevelopment agency conveyed the Property to a predecessor-in-interest of the Owner for the purposes of constructing a 61-apartment community restricted to low-income senior-citizen households. The development of the Project was financed with a loan from the California Housing Finance Agency (CalHFA) that was insured by the United States Department of Housing and Urban Development (HUD) (HUD Loan). In conjunction with the HUD Loan, the Owner entered into a Section 8 project-based voucher (project-based voucher) contract with CalHFA/HUD to ensure sufficient cash flow for the Project. Neither the City nor the Santa Monica Housing Authority (SMHA) is a party to the existing project-based voucher contract.
The Project was built as planned and currently provides rent- and income-restricted housing for 60 low-income senior-citizen households plus one manager. Each of the 60 affordable apartments in the Project was allocated a project-based voucher that allows each tenant in the Project to pay no more than 30% of their income toward rent.
As project-based vouchers, the vouchers remain with the Property, rather than
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particular tenants, until the termination of the existing project-based voucher contract.
As such, even if tenants vacate the Property, the project-based voucher remains with the Property and available to the next tenant to move in.
The grant deed that conveyed the Property to the Owner gives the City the option to purchase the Property, including the improvements, for $1.00 on December 1, 2026.
However, both the HUD Loan and the project-based voucher contract expire on June 1, 2023, prior to the date of the City’s option to purchase the Property.
A key component of the Developer’s proposal is the renewal of the existing projectbased voucher contract through HUD’s “Mark-Up-To-Market” process. The Mark-UpTo-Market renewal sets the Section 8 subsidy payments made to the Project (payment standards) based on the market rents of other apartments located in the vicinity of the Property. Given that the Property is in a superior, ocean-front location, the proposed payment standards achieved through the Mark-Up-To-Market process are significantly higher than the payment standards used by SMHA on a Citywide basis. Thus, the Mark-Up-To-Market renewal of the existing project-based voucher contract is significantly valuable and would provide the Project with a substantial amount of projectbased voucher subsidy revenue on an annual basis.
However, per discussions with HUD, the Owner has the ability to move the existing project-based voucher contract to a different property, including properties outside Santa Monica. If the project-based voucher contract is moved to another property or if the project-based voucher contract is terminated, each current tenant would receive an enhanced voucher (see HUD Notice PIH 2001-41 and H 2012-3). An enhanced voucher is attached to the tenant, not the property, and only protects tenants from future rent increases (tenant-based vouchers). Current tenants may use the tenant-based voucher either at Barnard Park Villas or at another property if they relocate. While tenant-based vouchers provide affordability protection for current tenants, the vouchers are lost to the property once a tenant vacates. As such, as the tenant-based vouchers are terminated by attrition, the Project’s operating cash flow would decrease.
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Discussion
The Developer’s proposal presents an opportunity to extend the current project-based voucher contract, extend the Project’s affordability covenants, rehabilitate the Property, and provide a financial payment to the City’s Housing Trust Fund. The guiding principles staff considered in preparing the recommended approach are:
1) preserve long-term affordability;
2) maintain affordable housing for current and future low-income seniors; 3) provide enhanced services to the tenants;
4) maintain and enhance the project-based voucher contract; 5) maintain financial feasibility of the property;
6) facilitate necessary rehabilitation and on-going maintenance; and 7) provide an upfront payment to the City’s Housing Trust Fund plus a share of annual surplus operating cash flow.
The City is in a position to leverage its purchase option to negotiate a long-term ground lease with the Developer through a Disposition and Development Agreement (DDA), in exchange for not exercising the City option to purchase the Property in 2026. The DDA would ensure affordability for current and future seniors, effectuate necessary rehabilitation, and secure the financial viability of the project for the next 60 years.
An advantage of executing the DDA is that affordability, rehabilitation, and long-term maintenance goals for the Project could be achieved without any negative impact on the City budget or limited Housing Trust Funds. Execution of the DDA would result in a $13 million upfront cash payment to the City’s Housing Trust Fund in order to support the City’s investment in the production and preservation of affordable housing as well as implementation of the Housing Element.
To proceed with the proposal, staff seeks Council approval of the proposed deal parameters, including authorization for the City Manager to finalize the DDA. Such parameters are described in further detail below, summarized in Attachment A and include:
1) upfront payment to the City’s Housing Trust Fund;
2) ground-lease term;
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3) required rehabilitation and on-going maintenance;
4) required social services; and
5) use of net cash flow.
Developer Proposal Summary
The Developer desires to enter into a ground lease with the City for 60 more years to retain ownership in exchange for the continued operation of the property as affordable housing for seniors. The proposal would restrict 100% of the affordable apartments to very low-income households (below 50% of area median income) as defined in California Health and Safety Code (H&SC) Section 50105 and would set the affordable rents per H&SC Section 50053.
The Owner would extend the existing project-based voucher contract through HUD’s Mark-Up-To-Market process. The project-based voucher contract would be extended for an initial 20-year term, and the Developer would be required to apply for a renewal of the contract as long as the Section 8 Program or a comparable rental assistance program remains in place.
To complete the rehabilitation of the Project, the Developer would apply for the following financing sources:
1) A new permanent loan from HUD that is insured by the Federal Housing Administration (FHA); and
2) 9% Low Income Housing Tax Credits (Tax Credits) that are competitively awarded by the California Tax Credit Allocation Committee (TCAC).
Upon securing the agreed-upon financing, the Developer would complete a substantial rehabilitation of the Project. The direct rehabilitation budget, including a contingency allowance, is estimated at approximately $9 million. The rehabilitation would consist of any necessary structural, accessibility, and building system improvements. The final scope of the rehabilitation and the rehabilitation budget would be subject to prior written approval by the City.
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The Developer’s proposal would provide a $13 million upfront payment to the City’s Housing Trust Fund and a $19 million upfront payment to the Developer. The upfront payments are based primarily on the value of the HUD voucher contract. In addition, the Developer would receive a preferred return of no more than $225,000 annually for the first 15 years of operations. However, if the net cash flow is less than $225,000 in any of the first 15 years, the unrealized portion would not accrue to future years.
Otherwise, if annual net cash flow exceeds $225,000, the portion above that amount would be shared between the City and the Developer. The City would receive 35% of the net cash flow after the preferred return and the Developer would receive 65% of the net cash flow after the preferred return.
Preserving Long-term Affordability for Seniors
Entering into a new 60-year ground lease would extend the affordability covenants for 60 years and require no City funding. At the end of the ground-lease term, the Property would automatically revert to the City at no cost, and the City could elect to extend the affordability covenants further at that time. The DDA would require that the 60 affordable apartments in the Project be restricted to very low-income senior-citizen households. The applicable very low incomes and rents are as follows:
# of apartments % of median income
maximum income
(1-person hhld)
2021 rent limit
(1-bdrm)
60 50 $41,400 $ 800
However, with an extension of the project-based voucher contract, each tenant would be required to pay no more than 30% of their income towards rent. Thus, their actual rent payments would likely be less than the maximum allowable rents outlined above.
Furthermore, the extension of the project-based voucher contract would ensure that future tenants at the Property would receive a voucher and pay no more than 30% of their income towards rent.
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Enhanced Services for Tenants
In discussing the proposed transaction with the Developer, a key priority for staff has been not only ensuring the long-term affordability of the residential property, but also ensuring that senior residents are well cared for during the rehabilitation and during the life of the project. If the transaction is approved, the Developer would be required to implement a rehabilitation plan that is designed to minimize impacts on tenants during the rehabilitation. If temporary relocation of any tenants is necessary during the rehabilitation, the Developer would be required to find and pay for equivalent accommodations, provide financial support for temporary relocation costs, and provide personal support before, during, and after the temporary relocation. Fortunately, the Developer has extensive experience and a strong track record of supporting tenants during the rehabilitation process. In addition, the Developer has worked with staff to develop a social services and resident services plan to help ensure that residents’ social, medical, and behavioral health needs can be addressed in a timely manner. The terms of the DDA would require the Developer to provide the enhanced services for the entirety of the 60-year ground lease term.
Maintain and Enhance Section 8 Project-Based Voucher Contract A key component of the Developer’s proposal is the renewal of the existing projectbased voucher contract through HUD’s “Mark-Up-To-Market” process. The Mark-UpTo-Market renewal sets the Section 8 subsidy payments made to the Project based on the market rents at other apartments in the vicinity of the Property. Given that the Property is in a superior, ocean-front location, the proposed payment standards achieved through the Mark-Up-To-Market process ($2,761 per unit per month) are significantly higher than the payment standards used by SMHA on a City-wide basis ($1,930 per 1-bdrm apartment per month). Thus, the Mark-Up-To-Market renewal of the existing project-based voucher contract is significantly valuable and provides the Project with a substantial amount of Section 8 project-based voucher subsidy revenue on an annual basis.
Keyser Marston Associates (“KMA"), a real estate advisory firm with extensive experience in affordable housing development and finance, has evaluated the overall
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financial structure of the proposed transaction. In addition, KMA has evaluated the City’s options if the proposed transaction does not proceed, as well as the Owner’s options if the transaction does not proceed. KMA has determined that if the existing HUD contract is transferred to another property, the value to the Owner of the HUD contract could range from $10 million to $20 million.
Maintaining Financial Feasibility
The Developer’s proposal would extend the term of the existing project-based voucher contract for at least another 20 years through HUD’s Mark-Up-To-Market process.
Through the HUD program, the project-based voucher contract is estimated to provide the Project with approximately $1.44 million in annual operating subsidy in Year 1.
The annual subsidy amount would escalate each year thereafter based on the increase in HUD-approved payment standards. Furthermore, the Developer would be required to apply for a renewal of the contract as long as the Section 8 Program or a comparable rental-assistance program remains in place.
In comparison, if the Project’s vouchers were to convert to tenant-based vouchers, the voucher income would decrease over time due to attrition of the current tenants. In this situation, it is likely that the Project’s operating expenses would exceed the Project’s revenue in the future. Thus, the Project would require an annual operating subsidy to remain operationally feasible. In such a scenario where the City or its designee were the future owner, the City likely would be required to fund any future operational shortfalls.
Facilitating Necessary Rehabilitation
Barnard Park Villas is a 40-year-old building and some of the building systems and common areas need renovation. The Developer’s proposal would leverage a new HUD Loan and 9% Tax Credit financing to complete approximately $9 million in direct rehabilitation costs at the Property. The substantial rehabilitation is proposed to incorporate preventative maintenance and upgrades to ensure the long-term viability and habitability of the Property. In addition, in December 2021, the Developer held a meeting with the current residents to discuss the proposed Project and to seek
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feedback. After the Developer presented the proposed Project, residents identified desired improvements to enhance the function and livability of the Property and appeared to be supportive of the Project’s intent to preserve long-term affordability.
The Developer’s proposed scope of rehabilitation includes such items as new paint and flooring in the common areas, upgrades to the community kitchen, new windows, façade repairs, accessibility upgrades, as well as upgrades to all unit interiors (kitchens, bathrooms, flooring, lighting, etc.). The scope of rehabilitation would be further refined based on a Project Capital Needs Assessment to be prepared for the HUD Loan and Tax Credit financing, as well as general contractor bids. The final scope of the rehabilitation and the rehabilitation budget will be subject to prior written approval by the City.
Provide an Upfront Payment to the City Plus a Share of Annual Surplus Cash Flow The proposed transaction results in $32 million in sales proceeds that can be distributed between the City and the Developer. The $32 million in sales proceeds is generated by the anticipated 9% Tax Credit equity, as well as the HUD loan that will be secured against the Property. The annual debt-service payments on the HUD loan are largely financed with the subsidy income generated by the Mark-Up-To-Market project-based vouchers. The Developer proposes to provide a $13 million upfront payment to the City’s Housing Trust Fund. In return, the Developer proposes to retain $19 million of the sales proceeds to compensate the Owner for maintaining the HUD contract at the Property and seeking Mark-Up-to-Market vouchers. The Developer asserts that the Owner will be liable for capital gains taxes and transaction costs in the amount of approximately $7 million from the Owner’s share of proceeds.
The Developer would receive a preferred return of no more than $225,000 annually for the first 15 years of operations. However, if the net cash flow is less than $225,000 in any of the first 15 years, the unrealized portion would not accrue to future years.
Otherwise, if annual net cash flow exceeds $225,000, the portion of cash flow above that amount would be shared between the City and the Developer. The City would receive 35% of the net cash flow after the preferred return and the Developer would
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receive 65% of the net cash flow after the preferred return. The City’s share of net cash flow would be deposited into the Housing Trust Fund.
As noted previously, KMA estimates the value of the project-based voucher contract between $10 million and $20 million. Thus, the project-based voucher contract is the primary reason that the proposed transaction supports any upfront payment to the City, generates significant annual operating revenue, and ensures the long-term operational feasibility of the Project. Given that the project-based voucher contract is completely controlled by the Owner, and can be moved to a different property, staff finds the Developer’s proposed split of sales proceeds, preferred return requirement, and residual receipts distribution to be fair and reasonable.
Alternatives
The primary alternative would be for the City to exercise its option to purchase the property. The existing grant deed provides the City with an option to purchase the property in 2026 by paying one dollar ($1) to the Owner. However, if the Developer’s proposal is rejected, the Owner would likely move the project-based voucher contract to a different property by the time the City can exercise its option in 2026. At that point, each of the current tenants would have received a tenant-based voucher.
Were the City to exercise its option, the City would likely select an affordable housing organization to operate the Property. The City, through its designated housing provider, would assume the financial risk if operating expenses exceed rental income. Given that the tenant-based voucher income would terminate when each current tenant no longer resides at the Property, it is likely that the Project would require annual operating subsidies from the City in the future. The City would also assume the financial liability of any deferred maintenance or necessary replacements of major building systems (requiring a significant financial commitment). While the property inspection report has indicated that substantial rehabilitation of the property is not immediately required, the age of the building indicates that rehabilitation will be needed in the coming years. In addition, residents have identified many capital improvements necessary to maintain livability of the common areas and individual apartments. KMA estimates that the cost
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to the City to support the rehabilitation and long-term operations of the Project would range between $10 million to $25 million.
Next Steps
With Council approval, the City Manager would execute a DDA and associated documents in order to allow the Developer to apply for low-income-housing tax credits to fund the property rehabilitation. Concurrently, the Developer would apply for MarkUp-to-Market vouchers and a HUD Loan. The Developer hopes to complete all transactions in order to begin rehabilitation in Spring 2022.
Financial Impacts & Budget Actions
The proposed transaction would result in a one-time $13-million payment to the Citywide Housing Trust Fund and potential ongoing residual receipts payments if the Property produces surplus operating income. These receipts would be recorded as revenue and accumulated in account 10.370341. There will be no impact to the City’s General Fund and no impacts in the current fiscal year, though future budgets would reflect the transaction, if approved.
Prepared By: Jim Kemper, Housing Program Manager
Approved Forwarded to Council
Attachments:
A. Barnard Park Staff Report Term Sheet
B. Written Comments
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Attachment A
TERM SHEET for REHABILITATION AND EXTENSION OF AFFORDABILITY
BARNARD PARK VILLAS
Staff Recommendation
Term of Agreement City to ground lease the Property to Partnership (TSA and Current Owner) for 60 Years.
Income Targeting and
Rent Affordability
Affordability covenants to be extended for 60 years to run concurrently with the ground-lease term. The 60 affordable apartments to be restricted to very low-income households (50% AMI) with the affordable rents set per the State redevelopment methodology.
Section 8 ProjectBased VouchersPartnership to apply for Section 8 Project-Based vouchers for all of the affordable apartments. The Section 8 contract will be for an initial 20- year term, and Partnership is required to renew the contract if Section 8 remains available.
Rehabilitation Estimated direct rehabilitation budget of $9 million.
Capital Reserve An initial $120,000 capital reserve to be funded.
Annual Reserve
Deposits
$500 per unit per year
Maintenance
Requirements
Partnership required to maintain the Property per the standards outlined in the Agreement throughout the term.
Social Services Partnership to provide enhanced social services to tenants during the term.
Proposed Financing HUD-insured 221(d)(4) loan and 9% Low Income Housing Tax Credits Upfront Payments:
To City: City to receive a $13 million upfront payment
To Owner: Current Owner to receive a $19 million upfront payment Annual Payments:
To City: $1 ground rent payment plus 35% of annual operating surpluses (Residual Receipts) calculated after Partnership receives a $225,000 per year preferred return. The preferred return ends in Year 15.
To Partnership: Partnership to receive an annual $225,000 preferred return for 15 years. Partnership to receive 65% of the project’s annual operating surpluses calculated after the preferred return.
3.E.a
Packet Pg. 286 Attachment: Barnard Park Staff Report Term Sheet (5082 : Barnard Park Villas - Rehabilitation and Extension of Affordability) Item 3.E
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Packet Pg. 287 Attachment: Written Comments (5082 : Barnard Park Villas - Rehabilitation and Extension of Affordability) Item 3.E
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Packet Pg. 288 Attachment: Written Comments (5082 : Barnard Park Villas - Rehabilitation and Extension of Affordability) Item 3.E
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Packet Pg. 289 Attachment: Written Comments (5082 : Barnard Park Villas - Rehabilitation and Extension of Affordability) 1 Vernice Hankins
From: Danielle Charney <[email protected]>
Sent: Tuesday, May 10, 2022 11:43 AM
To: councilmtgitems; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White Subject: Item 3 E Use $ for POD please
EXTERNAL
I support the Rehabilitation of Bernard Park Villas‐ by Tom Safran‐ he is terrific .. and the Villas badly need something done.. it is a very depressing place now.. really sad.. no. enrichment for seniors and very shabby..
However, the loan money the City will receive should be used to expand the POD program .. it's a great program that really works to help seniors and keep our landscape..
Thank you,
Danielle Charney
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Packet Pg. 328 Attachment: Written Comments (5082 : Barnard Park Villas - Rehabilitation and Extension of Affordability) City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.F
1 of 3
To: Mayor and City Council
From: Andy Agle, Director, Community Services Department, Housing and Human Services
Subject: Adoption of a Resolution Authorizing Application for Grant Funds for State Affordable Housing Funding Opportunity
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application for grant funds in an amount not to exceed $5M from the California State Department of Housing and Community Development for the 2022 round of Local Housing Trust Fund Program Matching Grant Funding (Attachment A) in the Community Services Department.
2. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.
Summary
The California Department of Housing and Community Development (HCD) offers an annual opportunity for local public agencies to apply for matching grant funding to finance affordable housing development. The Local Housing Trust Fund (LHTF) program offers awards not to exceed $5 million through a competitive application process. Santa Monica was awarded $5 million in each of the LHTF program’s prior application rounds which took place in 2020 and 2021. Staff seeks Council authorization to apply for a 2022 LHTF award for an additional $5 million. LHTF funding would be used to produce affordable housing, in accordance with the City’s Housing Trust Fund Guidelines and Plan, as well as the LHTF program’s guidelines.
3.F
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Discussion
On April 5, 2022, HCD again issued a Notice of Funding Availability (NOFA) for the LHTF program. The LHTF NOFA makes available approximately $57 million in matching grants to local housing trust funds, such as Santa Monica’s. The timeframe for submitting 2022 applications is between April 26 and May 25, 2022. With Council authorization (Attachment A), staff would apply. If the City is successful, funds would be used to supplement existing amounts in the City’s Housing Trust Fund to finance future affordable housing developments. All funds would be used in accordance with the City’s Housing Trust Fund Plan and Housing Trust Fund Guidelines, as well as in accordance with the LHTF program guidelines.
Past Council Actions
Meeting Date Description
07/24/2018 (Attachment B) Housing Trust Fund Plan
07/25/2017 (Attachment C) Housing Trust Fund Guidelines Financial Impacts and Budget Actions
The 2022 application for LHTF funding would allow the City to apply for, and if successful, to receive up to $5 million in State funding that would be used to supplement existing funding in the Housing Trust Fund to increase the supply of affordable housing in Santa Monica. If awarded, staff would return to Council for specific budget actions. The City will use funds that already exist in the Redevelopment Replacement Housing Trust Fund to meet any required match for an LHTF award.
Prepared By: Jim Kemper, Housing Program Manager
Approved Forwarded to Council
3.F
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Attachments:
A. Attachment A- DRAFT 2022 LHTF Resolution
B. Housing Trust Fund Guidelines
C. Housing Trust Fund Plan
3.F
Packet Pg. 331
City Council Meeting: May 10, 2022 Santa Monica, California RESOLUTION NUMBER ##### (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA MONICA
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR LOCAL
HOUSING TRUST FUND PROGRAM MATCHING GRANT FUNDING
WHEREAS, the State of California (the "State"), Department of Housing and Community Development (the "Department") is authorized to provide up to $57 million under the Local Housing Trust Fund ("LHTF") Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) ("Program");
WHEREAS, the Department issued a Notice of Funding Availability ("NOFA") dated April 5, 2022, under the LHTF Program;
WHEREAS, the City is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of Health and Safety Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients; NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION 1. If the City of Santa Monica ("City") receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts City may have with the Department.
3.F.a
Packet Pg. 332 Attachment: Attachment A- DRAFT 2022 LHTF Resolution [Revision 2] (5089 : State Affordable Housing Funding Opportunity) SECTION 2. The City is hereby authorized to act as the manager in connection with the Department's funds to Eligible Projects pursuant to the above-described Notice of Funding Availability in an amount not to exceed $5,000,000 (the "LHTF Award").
SECTION 3. The City hereby agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104, and the City hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by Health and Safety Code Section 50843.5(c).
SECTION 4. Pursuant to the City of Santa Monica Housing Division Local Housing Trust Fund Expenditure Plan (Attachment 1) and the City's certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.
SECTION 5. The City shall be subject to the terms and conditions as specified in the Standard Agreement, Health and Safety Code Section 50842.2, and LHTF Program Guidelines.
SECTION 6. The City Manager is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to City, as the Department may deem appropriate.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
SUSAN COLA
Interim City Attorney
3.F.a
Packet Pg. 333 Attachment: Attachment A- DRAFT 2022 LHTF Resolution [Revision 2] (5089 : State Affordable Housing Funding Opportunity) Adopted and approved this 27th day of July 2021.
________________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. ##### (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 10th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
________________________________
Denise Anderson-Warren, City Clerk
3.F.a
Packet Pg. 334 Attachment: Attachment A- DRAFT 2022 LHTF Resolution [Revision 2] (5089 : State Affordable Housing Funding Opportunity) Exhibit A
City of Santa Monica Housing and Human Services Division Local Housing Trust Fund
Expenditure Plan
The City of Santa Monica (“City”) commits to use Local Housing Trust Fund (“LHTF”) Program Funds and Matching Funds as follows:
• 100% of Program Funds and Matching Funds received will be spent to provide construction/permanent financing loans at simple interest rates of no higher than three percent per annum with deferred payments based on residual receipts, for payment of predevelopment costs, acquisition, construction, or rehabilitation of multifamily rental housing serving Lower-Income (80% of Area Median Income (“AMI”)), Very Low-Income (50% of AMI), and Extremely Low-Income Households (30% of AMI). • At least 30% of Program Funds and Matching Funds received will be spent on assistance to Extremely Low-Income Households.
• 100% of Program Funds and Matching Funds received will be spent on loans for the new construction of multifamily rental housing developments with average household income restrictions of no more than 60% of AMI.
• No more than 5% of Program Funds and Matching Funds received will be spent on administrative expenses.
All activities and projects funded by Santa Monica’s LHTF Program Funds and Matching Funds will be located within the City. Matching Funds will be taken from the Redevelopment Replacement Housing Trust Fund, for which the funding sources are:
a) transaction and use taxes approved by Measure GSH and b) 80% of the loan repayments owed by the former Santa Monica Redevelopment Agency to the City, which are dedicated and restricted for housing use solely by City action and not by state or federal law.
3.F.a
Packet Pg. 335 Attachment: Attachment A- DRAFT 2022 LHTF Resolution [Revision 2] (5089 : State Affordable Housing Funding Opportunity) Adopted 11-24-1998
Amended 5-2-2000
Amended 4-24-2001
Amended 1-11-2005
Amended 6-19-2007
Amended 2-25-2014
Amended 7-25-2017
Amended 7-27-2021
(* Loan/Grant Limits and Developer Fee Limits have been updated for the FY2017-2018 period) Housing Trust Fund Guidelines
City of Santa Monica
Housing Division
3.F.b
Packet Pg. 336 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity)
TABLE OF CONTENTS
I. INTRODUCTION 1
II. TYPES OF LOANS AND GRANTS 2
III. LOAN TERMS 4
IV. APPLICATION SUBMITTAL AND REVIEW PROCEDURES 7
Application Submittal 7
Application Review 8
Competitive Selection Criteria 15
V. LOAN COMMITMENT AND CLOSING PROCEDURES 15
Loan Commitment 15
Loan Closing 16
VI. PROJECT MONITORING AND REPORTING 17
VII. FUNDING SOURCES 20
20 24
27 29
32 HOME Trust Fund
CDBG Housing Trust Fund
Citywide Housing Trust Fund
Low-Moderate Income Housing Asset Trust Fund
TORCA Housing Trust Fund
Redevelopment Replacement Housing Trust Fund
Local Housing Trust Fund
34 VIII. EXHIBITS 37
Exhibit A Definitions
Exhibit B HOME Program Subsidy Limits
Exhibit C Rental Housing Loan Application (with checklist) Exhibit D Green Affordable Housing Checklist
36 3.F.b
Packet Pg. 337 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines (July 2017) Page 1
I. INTRODUCTION
The City of Santa Monica provide financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase affordable rental housing opportunities for lower income households through the following Programs:
• HOME Housing Trust Fund (HHTF)
• CDBG Housing Trust Fund (CDBGHTF)
• Citywide Housing Trust Fund (CHTF)
• Low-Moderate Income Housing Asset Trust Fund (LMIHATF) • TORCA Housing Trust Fund (THTF)
• Redevelopment Replacement Housing Trust Fund (RRHTF).
Under these Programs, the City provides deferred payment loans and/or grants to bridge the financial gap between available resources - including the borrower's/grantee’s equity and private financing - and the costs of developing affordable multi-family housing. The purpose of the Housing Trust Fund Guidelines (“Guidelines”) is to provide an overview of the types and terms of loans which are available, application requirements, review procedures, selection criteria, loan commitment and closing procedures, and project monitoring and reporting requirements of these varied Programs within one comprehensive source of reference. Throughout this document, loans and grants may be referred to collectively as “loans” except when the terms are unique to a loan or to a grant.
These requirements are minimum requirements for participation in City Programs and are subject to change at any time. Meeting these requirements is not a guarantee of participation in any Program. The City reserves the right to require additional qualifications for individual projects. The City reserves the right to reject any and all applications and to accept applications which in its judgment best serve the interests of the City. On a case by case basis, City Council may also modify or waive provisions of these Guidelines.
These Programs are administered by the Housing Division of the City of Santa Monica (under the direct supervision of the Housing Manager, the direction of the Director of Housing and Economic Development, and the general supervision of the City Manager) on behalf of the City of Santa Monica.
These Guidelines should be interpreted in conjunction with Federal, State, and City statutes and regulations governing use of these funds; in the event of a conflict between these Guidelines and such statutes and regulations, the requirements of those statutes and regulations shall prevail.
Leveraging of City dollars (to the extent possible) with outside funding sources will continue to be a priority.
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Packet Pg. 338 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines (July 2017) Page 2
II. TYPES OF LOANS AND GRANTS
Acquisition & Predevelopment Loans and Grants
Acquisition & Predevelopment loans may be made to private, nonprofit corporations with a proven capacity to develop, own, and operate housing, and that have a valid 501(c)(3) or (4) designation from the IRS, and in limited circumstances described in the foregoing individual trust fund sections, to for-profit entities. Funds may be used for acquisition and pre-development expenses for projects for which there is site control and which have received a preliminary funding commitment from the City. Expenses shall be limited to services that cannot be obtained on a contingency basis and may include (but are not limited to) architectural and engineering fees, title reports, legal and organizational fees, mortgage application fees, environmental analysis, and permits and fees for public agencies. Predevelopment funds may also be used for purchase options or deposits for the purchase of buildings or land to be rehabilitated or developed with assistance from one or more of the Programs, or purchase options or deposits on properties that will not receive further subsidies under the Program, but that will be used for housing developments that meet the same requirements. Such funds may be provided as part of a predevelopment loan or through a separate contract with a nonprofit corporation as discussed below. Predevelopment loans may also be made to a nonprofit corporation for the purpose of acquiring real property for future affordable housing development, including but not limited to vacant property, and properties with existing residential or commercial improvements.
These predevelopment funds shall be disbursed to an eligible borrower at the time of the City's preliminary approval of a specific project. The amount of predevelopment funds disbursed to each project shall be included in the calculation of the maximum loan from a Program and shall be considered as part of the principal.
Development Loans and Grants
Program funds may be used for development loans for the following eligible purposes:
(1) The purchase of existing multifamily or other buildings for rent to low- and moderateincome households and for the development of congregate housing for rent to lowand moderate-income persons with special needs. Except for congregate housing, existing buildings shall consist of four or more units, unless the City Manager finds that a substantial public benefit will be provided by a project consisting of less than 4 units.
(2) The purchase or lease of land, buildings; or air rights for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and low-income housing tax credits.
3.F.b
Packet Pg. 339 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines (July 2017) Page 3
(3) The development of limited-equity housing cooperatives through either conversion or new construction.
(4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include but are not necessarily limited to:
(A) site acquisition and preparation;
(B) rehabilitation of dwelling units, common areas and related structures; (C) new construction;
(D) carrying charges and financing fees;
(E) architectural, legal, and organizational fees;
(F) temporary or permanent tenant relocation costs; and (G) a developer fee consistent with guidelines described in Section IV below. (5) Prepayment of certain financing fees, such as bond issuance fees as necessary to make favorable financing available.
Working Capital Loans and Grants
Up to five percent (5%) of the total funds available to Housing Development Corporations (HDCs) under the CDBG Housing Trust Fund, the TORCA Housing Trust Fund and the Low-Moderate Income Housing Asset Trust Fund may be available for Working Capital Loans. A Working Capital Loan may be made to an HDC under contract with the City of Santa Monica for the development and management of affordable housing. Loan funds shall be held in a separate, interest-bearing account by the HDC for use as “working capital” to fund early costs for securing site control and expenses related to feasibility studies prior to approval of a site-specific predevelopment loan or other loan from the City.
Loan funds may be used for reimbursable development expenses that have received prior written approval from the Housing Manager in connection with the acquisition, rehabilitation or construction of housing units that will meet the criteria of low- or moderate-income household benefit as established by the Guidelines. Eligible uses include but are not necessarily limited to:
(1) Site control costs through deposits to escrow for purchase of buildings or sites within the City of Santa Monica, or options to purchase property; (2) Non-refundable option payments, in order to assist the HDC to secure property in a competitive real estate market.
(3) Development expenses that cannot be funded on a contingency basis, including architectural and engineering fees, environmental studies, appraisals and inspection fees.
The total of such expenses shall not exceed $25,000 per project.
Upon receipt of an acquisition & predevelopment loan, or development loan for the project, the HDC shall promptly reimburse the Working Capital account for the amount advanced from the fund for such purpose. In the event that the HDC does not receive an acquisition & predevelopment loan or development loan for the project or is unable to complete the project, the
3.F.b
Packet Pg. 340 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines (July 2017) Page 4
City may forgive 90% of the total funds expended by the HDC upon repayment by the HDC of 10% of the amount of the expenditure.
No later than thirty calendar days after the termination date of the Working Capital Loan Agreement, the HDC shall provide a full accounting of the amount of funds available in the account, including all accrued interest, and a list of projects, if any, for which funds have been used and have not been repaid, along with a schedule of projected repayment dates. In the event the Working Capital Loan Agreement is not renewed, these funds shall be returned to the City.
III. LOAN TERMS
Term
Permanent loans that are not grants shall be due and payable in fifty-five (55) years subject to the terms of the applicable Regulatory Agreement or recorded Covenants. Such loans may be extended for up to twenty-five (25) additional years, provided that the Borrower is in compliance with the loan documents. Where necessary in order to meet the requirements for other project funding or enhance project feasibility, the Housing Manager may approve a shorter loan term.
However, in no case shall a Regulatory Agreement or recorded Covenant remain in effect for fewer than 55 years.
Acquisition & Predevelopment Loans that are not grants shall be due and payable in twenty-four (24) months subject to the terms of the applicable Memorandum of Agreement or recorded Covenants. Such loans may be extended for up to eighteen (18) months with an additional twelve (12) month extension option. Where necessary in order to meet the requirements for other project funding or enhance project feasibility, the Director of Housing and Economic Development Department may approve a shorter loan term.
Purchase Option
At the end of the permanent loan term, the City will have the option to take title to the property in accordance with the terms of an option agreement.
Interest Rates for Loans
The interest rate shall be set at either:
(1) the rate established by the Federal Home Loan Mortgage Corporation for the average conventional commitment of a fixed rate, thirty-year (30) mortgage, and shall be compounded annually; or
3.F.b
Packet Pg. 341 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines (July 2017) Page 5
(2) when necessary to secure investor equity, interest rates of affordable housing projects that include tax credits or conventional lenders, at 3% simple interest; or (3) when the City loan is in a second position to a first trust deed capital advance/loan made under the U.S. Department of Housing and Urban Development (HUD) Section 202 or Section 811 Programs, the interest rate shall not exceed the highest permissible rate on the applicable HUD Section 202 or Section 811 Program mortgages, under authority of Chapter 24 of the Code of Federal Regulations (CFR), Subpart 885.410(g); or (4) when required in order to meet federal subsidy layering guidelines, at the Applicable Federal Rate (that rate established by the Internal Revenue Service pursuant to Section 1274(d)(1) of the Internal Revenue Code).
The City Manager may waive or reduce the interest rate as needed to ensure the feasibility of projects.
Loan Payments
Payments on permanent loans shall be made as follows:
(1) Payments of principal and interest may be deferred for up to two (2) years from the date of execution of the loan, and up to three (3) years from the date of execution of the loan with approval of the City Manager. After the expiration of the deferral period, payments of principal and interest shall be made annually to the City in an amount equal to 50% of project Residual Receipts, if any. However, this 50% of Residual Receipts may be split among all the public lenders (including the City) on a pro rata (of funding) basis. Payments shall be applied first to accrued interest, and then to principal. (2) The Borrower may elect to prepay the loan prior to the end of the term. However, the Regulatory Agreement or recorded Covenants shall remain in full force and effect for its term regardless of any prepayment.
(3) If the Borrower violates the terms of the Regulatory Agreement or recorded Covenants such that the City declares the loan in default, the entire amount of unpaid principal plus accrued interest at the rate established at the time of closing shall be due. (4) Unless paid in full earlier, the remaining principal balance of the loan and accrued interest shall be due and payable at the end of the term of the Promissory Note. Where necessary to meet requirements of third party investors and with approval of the City Manager, the City may allow the remaining principal and accrued but unpaid interest to be payable only to the extent that the fair market value of the Project exceeds the principal balance of the existing indebtedness secured by the property.
(5) For loans for projects not financed by federal Low Income Housing Tax Credits, upon determination by the City that the borrower is in full compliance with the terms and conditions of the Regulatory Agreement, Deed of Trust, and Program Loan Agreement (collectively referred to as “Loan Documents”), the City shall extend the terms of the existing Regulatory Agreement, Deed of Trust, and Program Loan Agreement for a minimum period of twenty-five (25) years ("Extension Period"). If borrower fully
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complies with all terms and conditions of the Loan Documents during the Extension Period, then any remaining principal and accrued but unpaid interest shall be forgiven at the end of the Extension Period.
Payments on acquisition & predevelopment loans shall be made as follows:
(1) Payments of principal and interest are deferred until maturity. Upon maturity, the City/Agency may extend the term for up to eighteen (18) months with an additional twelve (12) month extension option.
(2) The Borrower may elect to prepay the loan prior to the end of the term. However, the Memorandum of Agreement or recorded Covenants shall remain in full force and effect for its term regardless of any prepayment.
(3) If the Borrower violates the terms of the Memorandum of Agreement or recorded Covenants such that the City declares the loan in default, the entire amount of unpaid principal plus accrued interest at the rate established at the time of closing shall be due.
Grant Balance Reduction
(1) For grants for projects not financed by Low Income Housing Tax Credits, as long as Grantee is in full compliance with the Regulatory Agreement, the City shall reduce the amount of the balance of the grant by 1/80th of the total grant amount each year. If the Grantee is in full compliance with the Regulatory Agreement, the Conditional Grant Note, or the Conditional Grant Deed of Trust, at the end of the initial 55-year term, the Grantor shall accept a twenty-five (25) year extension of the term of the Regulatory Agreement, the Conditional Grant Note, and the Conditional Grant Deed of Trust. Thereafter, as long as the Grantee is in full compliance with the Regulatory Agreement, the Conditional Grant Note, and the Conditional Grant Deed of Trust, Grantor shall continue to reduce the remaining balance of the Grant by 1/80th of the Grant amount each year for an additional 25 years or until the balance of the Grant reaches zero.
Security
The loan shall be secured as follows:
(1) The loan shall be secured by a Deed of Trust and Promissory Note which may be subordinated to Deeds of Trust securing other Federal, State, City loans, or loans from conventional financing institutions used in conjunction with the Trust Fund loan on the same property. The City must approve all requests for subordination. (2) The loan shall be further secured by a Regulatory Agreement, Memorandum of Agreement, or recorded Covenants to assure that Program funds are used to provide long-term affordable rental housing opportunities for low- and moderate-income households. The Borrower and the City shall execute the Regulatory Agreement, Memorandum of Agreement, or recorded Covenants regulating project rents, tenant selection procedures,
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use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use. The Regulatory Agreement, Memorandum of Agreement, or recorded Covenants shall be recorded with the Deed of Trust.
Maximum loan and grant amounts
Except as restricted by State or Federal law, the maximum Trust Fund Loan/Grant per-unit shall not exceed the following:
Original Base Amount
Fiscal Year 2007-08*
Updated Amount
Fiscal Year 2017-18*
New
Construction
Acquisition &
Rehabilitation
New
Construction
Acquisition &
Rehabilitation
Zero and 1-Bedroom
Units $367, 000 $457,000 $492,848 $613,710
2 or more Bedroom
Units $386,000 $481,000 $518,363 $645,940
* Maximum loan/grant to be adjusted in July of each year utilizing the annual adjustment methodology for the City’s Affordable Housing Fee pursuant to Santa Monica Municipal Code Section 9.56.070(b)
Actual loan/grant amounts will be based on the project’s need and the level of affordability that is provided. Program loan/grants in excess of maximum amounts above must be approved by the City Council. Loans for projects in excess of fifty (50) units and any pending loan for a project in excess of $25 million must be presented to City Council as an Information Item.
IV. APPLICATION SUBMITTAL AND REVIEW PROCEDURES
Application Submittal
All applications for Program funds shall be submitted to the Housing Division and shall be reviewed and approved through an administrative review process as established in these Guidelines.
The Applicant shall complete and submit to the Housing Division the Application for Program Funds (see Exhibit C) and prepare all required attachments, including the management plan, tenant selection and marketing plan, relocation plan if necessary, signed purchase agreement and escrow instructions, preliminary title report, and limited partnership documents, if necessary, at least sixty
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(60) days prior to the scheduled close of escrow. Applications may be submitted at any time during the program year and will be considered in the order submitted to the Housing Division.
Application Review
The Housing Division staff shall review the application to:
(1) determine that the minimum Program requirements are met; (2) ensure that the estimated development costs are reasonable and in conformance with the City’s underwriting guidelines and
(3) review the estimated mortgage amount and Borrower equity contribution in accordance with the City’s underwriting guidelines and the requirements of the proposed source of City funding.
Within seventy-five (75) days of the submission of the application, the Housing Division shall determine whether the proposal is approvable for commitment, with or without conditions. If the City determines, in its discretion, that the application is complete and meets all of the Program criteria, the City may issue a commitment letter. If the application has deficiencies, the City staff will identify the problem areas and notify the Applicant.
Staff shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of proposed materials for low maintenance and long term durability.
Design Review
Applicants proposing new construction or change of use of projects, including the moving of buildings onto vacant sites, will be responsible for notifying the neighbors of the proposed project plans for the site at the time the project is submitted to the Architectural Review Board (ARB) for approval. Applicants will invite neighbors to review the project design and comment on the plans at the ARB meeting. The Applicant will notify the neighbors at least seven (7) days prior to the ARB meeting at which the project is scheduled to be reviewed.
Determination of Reasonable Costs and Financial Feasibility Housing Division staff shall review the Applicant's estimates and projections of rents, expenses, reserves and development costs in accordance with the City’s underwriting guidelines. The Applicant shall provide background documentation on all costs as requested by the City. The City may adjust cost and expense amounts as appropriate to conform to current market and industry standards. The total amount of the Program loan and all private loans shall not exceed the total development costs approved by the City.
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The maximum allowable purchase price shall not exceed the appraised value as evidenced by an appraisal prepared by a California State Certified General Appraiser and approved by the Housing Division, which is dated not more than six (6) months prior to the date of the application. The appraisal may not determine property value based solely on sales of properties financed by public agencies.
The maximum affordable mortgage amount shall be calculated using the rent schedule proposed by the Applicant as approved by the City, the proposed interest rate and terms of the primary loan(s), and reasonable operating allowances and reserves including a reserve to amortize a mortgage as needed.
The requested City loan for a project shall not exceed the total amount of the gap between the maximum affordable mortgage amount available from non-City sources plus funds available from other sources of public subsidy, and the total development costs plus any on-going annuity necessary to maintain affordable rent levels as defined in the Program application. The maximum City loan shall not exceed the maximum per-unit limits described in these Guidelines.
All assisted units must maintain rents that do not exceed the Maximum Affordable Rent, as defined in these Guidelines, for the life of the loan in accordance with the terms of the loan or other recorded Covenants. Syndicated projects must be structured such that ownership can feasibly be acquired by the nonprofit General Partner at the end of the term of the limited partnership agreement, when appropriate. When determining the maximum City loan, Housing Division staff will scrutinize the rent schedule and annual cash flows in order to determine whether long-term affordability is maintained. In cases where a rent subsidy program is utilized and the mortgage is calculated on the basis of the subsidized rents, an "affordability reserve" may be required, where the amount of the reserve shall be sufficient to cover the difference between affordable rents and the subsidized rents.
Developer Fee
For new construction projects, the developer fee shall not exceed the following per unit amounts, based on the size of the project:
Original Base Amount
Fiscal Year 2007-08*
Updated Amount
Fiscal Year 2017-18*
For 1 – 20 units $16,240 $21,809
For 21 – 30 units $15,080 $19,042
For 31 – 50 units $13,920 $17,577
For 51 or more units Negotiated Negotiated
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For acquisition and rehabilitation projects of 7 units or less, the developer fee shall not exceed $12,868 (updated for FY 2017-2018; original base amount for FY2007-2008 was $10,900) per unit. For acquisition and rehabilitation projects of 8 or more units, the developer fee shall not exceed the greater of $55,000 per project or the sum of 5% of the depreciable acquisition basis and 15% of the rehabilitation basis. With the exception of those fees for acquisition and rehabilitation projects of 8 or more units, developer fees will be adjusted in July of each year utilizing the annual adjustment methodology for the City’s Affordable Housing Fee pursuant to Santa Monica Municipal Code Section 9.56.070(b). At the discretion of the City Manager a higher fee may be allowed.
The development fee for new construction projects will be released in three stages: (1) one-third upon receipt of the necessary building permits, (2) one-third upon issuance of the certificate of occupancy, and (3) one-third upon the later of permanent loan closing or full lease-up of the project. For projects involving acquisition and rehabilitation, the development fee may be released in two stages: (1) twenty-five percent at the time of issuance of the building permit, and (2) 75% at the time of conversion of interim financing to permanent financing, or full lease-up of the project, whichever is later. Where the project does not utilize interim financing or involves acquisition only, the schedule for release of the developer fee will be reviewed on a case by case basis. Changes to the above schedules for the release of fees may be approved by the Housing Manager.
Developer Capacity
Applicants must demonstrate the capacity to successfully develop the proposed project. The City shall evaluate capacity on the basis of the Applicant’s track record in developing and managing affordable housing, or inclusion of development team members with a successful record in developing such housing. In addition, Applicants must demonstrate the financial and legal capacity to undertake the proposed project.
Clear Title
The Applicant shall have the responsibility to obtain clear title to the property. As soon as feasible, the Applicant will submit a preliminary title report for City review and written approval. Staff shall review the state of title, including the conditions, covenants, restrictions and legal description of the property and the rent control registration and removal permit issues. The Applicant shall correct the state of title and remove all exceptions to the title not consented to by the City before the City closes the loan.
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Senior Financing
The Applicant shall secure other resources such as equity from syndication proceeds, tax exempt financing, federal and state housing rental and development subsidies and available private financing to minimize the amount of the City loan. The Applicant will submit to the City for review the terms and conditions of all non-City financing as well as equity contributions. The Applicant must submit projected cash flows for the term of the loan, showing the maximum possible increases (i.e., worst case scenario) in debt service per year, the projected rent and expense increases, the means of making up any deficits, and projected payments of Residual Receipts. The City shall analyze the feasibility of the project to carry the loan, and if feasible will approve the terms of the non-City financing.
The City may, at its sole discretion, calculate the mortgage amount at the terms and rates of available financing programs other than that proposed by the Borrower, if alternative terms and rates are available that would reduce the amount of City subsidy required, and would otherwise conform to the City/Agency requirements.
Management and Affirmative Marketing Plan
Except in the case of projects funded under the federal Section 202 Supportive Housing Program and Section 811 Supportive Housing Program, the Applicant shall prepare a Project Management Plan for City review and approval. The Plan shall describe the Applicant's policies and procedures concerning:
(1) Affirmative marketing and tenant selection procedures including application procedures, prioritization of Santa Monica residents and workers (see Local Preference section below) where possible; waiting lists, and lease agreements; and marketing efforts and tenant selection procedures that will be used to attract eligible persons from all racial, ethnic and gender groups, as well as persons living with disabilities, in the housing market area to the available housing; the Plan should describe the protocols for keeping records of affirmative marketing activities and for keeping records of requests (from applicants and existing tenants) for accessible units;
(2) Procedures for determining tenant eligibility and certifying incomes; the Plan should demonstrate sufficient outreach to disability-related groups to ensure that accessible units are occupied to the extent possible by those households who need the accessibility features due to disability;
(3) Management/tenant relations and assistance to tenant organizations, including the training and use of tenants to perform maintenance and management functions as appropriate;
(4) Maintenance and repair services;
(5) On-site management facilities;
(6) Rent collection;
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(7) Records and reporting requirements;
(8) Personnel and staffing;
(9) Compliance with all tenant protection laws, including rent control law and Building and Health and Safety Codes;
(10) Fee schedule.
No person shall on the grounds of race, marital status, sex, color, age, religion, national origin, ancestry, physical disability, AIDS, or sexual orientation be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with these funds.
Local Preference
Local preference for Santa Monica residents and workers in tenant selection has been established by the City as policy. Local preference shall be a requirement of the Citywide Housing Trust Fund, Low-Moderate Income Housing Asset Trust Fund the TORCA Trust Fund, and the Redevelopment Replacement Housing Trust Fund. Local preference shall be a requirement of the HOME and CDBG Trust Funds only if permitted by the federal government.
In evaluating a loan request, staff shall evaluate a loan applicant’s effectiveness in achieving the City’s local preference goals and give priority to those loan applicants who administer their wait lists using sorting protocols which result in outcomes where households who live or work in Santa Monica are beneficiaries of City-funding affordable housing.
Subject to applicable tenant income limits and any preferences required by the laws of the United States or the State of California (including but not limited to laws and regulations governing nondiscrimination and preferences in housing occupancy), the Borrower shall give preference in leasing units in the following order of priority.
(1) First priority shall be given to persons who have been permanently displaced or face permanent displacement from housing in Santa Monica as a result of any of the following:
(a) A redevelopment project undertaken pursuant to California’s Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) -- applicable only to projects funded by the Low-Moderate Income Housing Asset Trust Fund. (b) Ellis Act, owner-occupancy, or removal permit eviction; (c) Earthquake, fire, flood, or other natural disaster; (d) Cancellation of Section 8 contract by property owner; or (e) Governmental Action, such as Code enforcement.
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(2) Second priority shall be given to persons who are either:
(a) Residents of Santa Monica and/or
(b) Working in Santa Monica at least 36 hours per week for at least 6 months.
Regarding any “accessible units” that are required as part of a multifamily development, such accessible units should be first offered to existing occupants of the building (if applicable) who are not occupying an accessible unit and who have indicated a need for the features of an accessible unit. If no existing occupants of the building have indicated the need for the features of an accessible unit, or if the building is being leased for the initial occupancy, then such accessible units should first be offered to applicants who have indicated the need for the features of an accessible unit, inclusive of the preferences above. The application of preferences may not conflict with Section 504 of the Rehabilitation Act of 1973, 24 C.F.R. §100.202, and any other preemptive laws that may be enacted regarding fair housing for persons living with disabilities. “Accessible units” refers to those units which were originally approved by the City specifically as accessible units and which provide specific features to address the needs of persons living with mobility impairments or persons living with sensory impairments.
Environmental Review
Project sites must be free from adverse environmental impacts, e.g., noise, or the proposed project must successfully mitigate these impacts. The City shall assess the environmental effects of each activity proposed to be carried out with City funding in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the California Environmental Quality Act (CEQA), as applicable. The Housing Division staff will commence the assessment as part of the initial review of the application. For projects subject to NEPA review, no loan funds (except for activities normally exempted from the environmental clearance requirements in 24 CFR Part
58.34) shall be released until the environmental review is completed, the notice of finding and environmental assessment results are published, and the 15 day public comment period expires.
Prevailing Wages
Any contract for construction (rehabilitation or new construction) of affordable housing with 12 or more units assisted with HOME funds, or 8 or more units if the project is assisted with CDBG funds, must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1.
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For all funding programs, the following prevailing wage requirements apply. Pursuant to Chapter
7.28 of Article VII of the Santa Monica Municipal Code, any rehabilitation or new construction project receiving City financial assistance shall comply with State prevailing wage requirements if the following minimum thresholds are met:
(1) For a rehabilitation project over $15,000.
(2) For a new construction project over $25,000
"Minimum total construction contract" shall not include expenses associated with site acquisition, architectural and other pre-construction development costs, financing charges, bonding and insurance requirements, and fees, permits or licenses required in connection with the project. The minimum thresholds stated above are adjusted each July 1st by the percentage change in the Consumer Price Index for the previous calendar year. Current minimum thresholds and prevailing wage levels can be obtained from the Office of the City Engineer.
Relocation
The Applicant shall develop a plan for temporary relocation or permanent voluntary relocation, where necessary, for review by the City. The relocation plan shall be in accord with the City's Relocation and Tenant Assistance Plan, and the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42, and the California Relocation Assistance Law, where applicable, copies of which may be obtained from the Housing Division. There shall be no permanent involuntary tenant displacement. In cases where tenants will be voluntarily displaced, the Applicant must submit a copy of a letter to each tenant which (1) details the tenant’s rights to relocation assistance, and (2) has been signed by the tenant indicating the tenant’s voluntary waiver of any relocation payments.
Contracting Requirements
All Applicants will be required to submit an affirmative action/equal employment opportunity plan indicating the methods that they will use to encourage the participation of certified Minority Business Enterprise/Women Owned Business Enterprise (MBE/WBEs) in their development project. City staff will review the plan and competitive bid and selection process to ensure that required procedures have been followed. City staff will also monitor construction to ensure that MBE/WBEs are participating in the project as indicated in the construction contract.
In accordance with the City's Women and Minority Business Enterprise Program approved by City Council on March 8, 1983, all Borrowers are required to consider the City's Women and Minority Business Enterprise Program Library of Directories and Minority and Women Vendors' listing the procurement of equipment, material, supplies and professional services.
All work shall be completed by State-licensed contractors which shall have Santa Monica business licenses. All contracts must comply with competitive bidding requirements. Contracts over
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$10,000 must be in accordance with City's Women and Minority Business Enterprise Program.
All efforts shall be made by the private owner or the Borrower to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin, ancestry, physical disability, AIDS, or sexual orientation, in seeking contractors and subcontractors.
Competitive Selection Criteria
In selecting among competing project applications, unless otherwise determined for a particular project, priority shall be given to projects that:
(1) Significantly increase affordable housing opportunities for households who have difficulty finding housing including the homeless, large families, the disabled, seniors, and persons traditionally served by Single Room Occupancy housing. (2) Are cost effective or achieve the lowest possible subsidy per unit for City resources. (3) Benefit a high percentage of very low- and low-income households by ensuring deeper affordability.
(4) Are located in areas currently underserved by affordable housing developments. (5) Address an area of need identified in the Housing Element of the City of Santa Monica;
(6) Addresses a particular need identified in the Council-approved Housing Trust Funds Plan;
(7) Applicant’s past and projected effectiveness implementing the City-established local preferences (i.e., households which live or work in Santa Monica).
V. LOAN COMMITMENT AND CLOSING PROCEDURES
Loan Commitment
A commitment letter shall be prepared by the Housing Division, reviewed and approved by signature by the Manager of the Division and the Director of Housing and Economic Development, and signed by the City Manager. The letter shall state the maximum amount of Program funds reserved for the project and list all of the additional conditions, documents and steps that must be taken by the Borrower prior to loan closing. All loans which exceed the maximum loan and grant amounts in Section III shall require City Council approval. Notice of the issuance of the commitment shall be posted publicly, and a copy of such notice shall be published in a newspaper of general circulation, no later than 21 days after the commitment is issued.
Staff will prepare and make public a written statement explaining the reasons for approving or denying a loan request. The written statement should address the merits of the loan application evaluated under the criteria, including:
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- Whether the loan request significantly increases affordable housing opportunities for households who have difficulty finding housing including the homeless, large families, the disabled, seniors, and persons traditionally served by Single-Room Occupancy housing; - Cost-effective or achieve the lowest possible subsidy per unit for City resources; - Benefit a high percentage of very low- and low-income households by ensuring deeper affordability;
- Located in areas currently underserved by affordable housing developments - Addresses an area of need identified in the Housing Element of the City of Santa Monica; - Addresses a particular need identified in the Council-approved Housing Trust Funds Plan; - Loan Applicant’s past and projected effectiveness implementing the City-established local preferences (i.e., households which live or work in Santa Monica).
The Borrower shall conduct a public meeting for the proposed project within 30 days of the delivery of the loan commitment letter. The Borrower must provide a written notice which provides the date, time and location of the public meeting to the Housing Division at least 15 days prior the public meeting date. The written notice shall be made public on the Housing Division’s website. In addition, staff will provide the written notice to the neighborhood association in which the proposed project is located and the notice shall be published in a newspaper of general circulation. This publication may be combined with the notice of issuance of the commitment.
Upon issuance of a commitment letter, the Housing Division shall prepare draft loan documents, including a draft Loan Agreement, Promissory Note, Deed of Trust (or other appropriate security as determined by the Housing Manager), and Regulatory Agreement or recorded Covenants, and submit them to the City Attorney’s office for review and approval as to form. The submission shall include copies of the preliminary title report, instructions to escrow concerning the items that may appear on the title upon closing, and may include the purchase agreement, long term lease agreement, or air-rights agreement, as applicable. Requirements for a Regulatory Agreement or recorded Covenants may be waived in the case of a project which is funded under the HUD Section 202 or Section 811 Program.
Loan Closing
Funds may be disbursed following execution of the loan documents by the Borrower and the City Manager, and compliance with all commitment conditions. Staff shall submit a request for release of funds required for loan closing to the Finance Director. The Finance Director may then authorize release of loan funds into an escrow account established for the loan closing with instructions for disbursement. The City will wire funds to escrow twenty-four hours prior to the scheduled close of escrow.
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VI. PROJECT MONITORING AND REPORTING
The Housing Division shall monitor the project during rehabilitation or construction as needed for compliance with any loan documents and applicable City, State and/or Federal regulations. The Housing Division shall request notification of the final inspection and final construction release from the primary lender, and shall review management practices and reporting procedures with the Borrower and project management agent at that time for full compliance with Program requirements. A copy of the Notice of Completion for the project shall be submitted to the Housing Division at the time the Notice is recorded.
Borrowers shall be required to certify annually that they have complied with affirmative marketing and tenant selection procedures, and shall submit an annual report to the Housing Division in the form specified by the Division. The Housing Division shall monitor compliance with any Regulatory Agreement or recorded Covenants, the loan documents, and applicable City, State and/or Federal regulations on an annual basis.
For projects funded under the federal Section 202 Supportive Housing Program and Section 811 Supportive Housing Program, during the term of the HUD Capital Advance documents, compliance with the HUD documents will constitute compliance with the provisions of these Guidelines.
Fair Housing and Equal Opportunity
Borrower shall post notices stating that a housing project is subject to Fair Housing and Equal Employment Opportunity requirements of 24 CFR 92.350 and 351 at each project site. The name and telephone number of the Fair Housing Officer of the City of Santa Monica will be included on the notices.
Fair Housing complaints are referred to the City Attorney's office for investigation. If, after investigation, it is determined that discrimination in the rental or sale of housing has occurred, the City Attorney may attempt to mediate a settlement between the owner/seller and the complaining party. Mediation is usually successful. However, if it is not, the party with the complaint may proceed to file against the owner/seller. If a pattern of discrimination has occurred, the City may file suit for unfair business practices or other applicable violations.
Establishment and Use of Reserve Funds
Upon completion of project construction, the Borrower will be required to capitalize a Reserve Fund in an amount determined by the City and make annual contributions to the Fund. The Reserve Fund can be utilized for expenditures related to necessary structural and equipment replacements and improvements of a capital nature, and is not intended to be used for ordinary maintenance items. Any expenditure by the Borrower from the Reserve Fund in excess of $5,000 must be approved in advance by the City in writing. Expenditures of $1,000 to $5,000 must be
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documented by paid invoices submitted to the City within 30 days of disbursement from the Reserve Fund.
Annual Reporting by the Housing Division
The City Manager shall prepare an initial proposed plan, called Housing Trust Funds Plan (“Plan”), for affordable housing development in the City for the remaining period covered by the current Housing Element (i.e., through 2021). The Plan shall be made available online and the Housing Division shall conduct a 45-day public comment period. A public meeting hosted by the Housing Commission shall be held by the Housing Division between the 30th and 45th day of the public comment period. Once the public comment period is completed, the Plan with any public comments shall be submitted to the Housing Commission for review and recommendation to the City Council for review and its approval. A Housing Trust Funds Plan shall be prepared and adopted for each Housing Element cycle.
Thereafter, on an annual basis, the Housing Division shall prepare a report to the Housing Commission for its review and recommendation for City Council approval. The annual report shall include details on the following items:
(1) The source and amounts of funding for each Housing Trust Fund received during the prior year;
(2) The amount and uses of funds, including the amount and source of funding commitments issued, from each Housing Trust Fund during the prior year; (3) The quantity and type of affordable housing made available for occupancy during the prior year;
(4) The quantity and type of housing which exceeded or fell below the annual production mandate of Proposition R during the prior year;
(5) Cumulative figures of source/amount of Housing Trust Funds, quantity/type of affordable housing made available, and exceeded/missed Proposition R requirement, covering the Housing Element period, as well as comparison with the Quantified Objectives set forth in the Housing Element; and
(6) A comparison of the actual cumulative affordable housing production covering the period of the adopted Housing Trust Funds Plan with the goals set forth in that plan.
Once approved by City Council, both reports shall be posted on the Housing Division’s website.
Public Information on the Housing Division’s Website
Within one week of becoming public, the following items shall be posted to the “Housing Trust Funds” location on the Housing Division’s website:
(1) the current Housing Trust Fund Guidelines;
(2) all documents generated and made public by the City Manager, the Housing Division, the
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Housing Commission, and the City Council pursuant to the affordable housing planning and reporting process;
(3) written explanation of the City’s decisions to approve or deny loan applications; (4) all loan commitment letters issued;
(5) all notices of the required public meeting following a loan commitment; and (6) all annual reports provided by the Housing Trust Fund recipients. Staff shall ensure that the annual reports posted publicly shall redact any confidential or personal information.
The City also shall provide—at the same location on its website—a mechanism whereby interested members of the public can sign-up to receive an automatic email with a link to the document every time a new document is posted to this section of the City’s website.
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VII. FUNDING SOURCES
HOME Trust Fund
Source of Funds
Funding for this Program is provided through the U.S. Department of Housing and Urban Development (HUD) HOME Program (including program income and residual receipts), and therefore is subject to the federal rules and regulations found in 24 CFR Part 92, as amended from time to time.
Eligible Borrowers/Grantees
Eligible borrowers are non-profit Housing Development Corporations (HDCs) with proven capacity to develop, own and operate affordable housing, and which have a valid 501(c)(3) or (4) designation from the IRS, and private owners of multi-family and SRO rental buildings with proven capacity to develop, own and operate affordable housing. Limited partnerships whose general partner is otherwise eligible are also eligible to borrow Program funds.
Eligible Projects
Projects eligible for HOME funding shall:
(1) be rental projects located in the City of Santa Monica; (2) contribute to the achievement of the City's fair housing goals; (3) involve 4 or more apartments or Single-Room-Occupancy (SRO) units which will be rented to eligible lower income households at rents that do not exceed rents as defined by 24 CFR 92.252, dated September 16, 1996, as amended from time to time. Projects serving persons with special needs, or where the City Manager finds that the project will provide a substantial public benefit, may have fewer than four apartment or SRO units. Transitional or permanent housing may be provided (but not temporary shelters). (4) have at least 20% of the HOME assisted units rented to very low income families (50% of median income) under the terms and conditions set forth in 24 CFR 92.252 (2)(b); (5) demonstrate financial feasibility -- including the ability to maintain rents for the subsidized units at affordable levels for the periods specified in 24 CFR 92.252; (6) be free of significant adverse environmental impacts, except those that can be mitigated through the project itself;
(7) minimize tenant displacement;
(8) comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, meet housing quality standards in Section 882.109 of Title 24. Newly constructed housing must meet the current edition Model Energy Code of the Council of American Building Officials; (9) make efficient use of public funds and avoid "layering" of subsidies beyond those necessary to achieve a financially feasible project;
(10) have at least 51% of the project space be residential, if in a mixed use project. (11) Acquisition or Acquisition and Rehabilitation projects shall have at least 51% of the units occupied by households with incomes that do not exceed 80% of median income,
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adjusted for household size, at the time of acquisition (except as approved by the City Manager).
Eligible Uses and Activities
HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of rental housing which is affordable to very low and low-income households as defined by 24 CFR
92.2. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified community housing development organizations (CHDO’s).
New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including:
1. site acquisition;
2. cost of demolishing existing structures only if construction is commenced within 12 months of demolition;
3. site preparation costs (grading, filling, etc.);
4. financing costs as described in 24 CFR 92.206;
5. architectural, engineering, and other related soft costs;
6. the cost of extending or upgrading utilities to the site to support the proposed project;
7. construction costs;
8. relocation costs; and,
9. affirmative marketing and audit costs related to HOME program requirements.
10. predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.
Rehabilitation costs eligible for HOME funding include:
1. project acquisition with or without rehabilitation;
2. costs of temporary or permanent relocation for existing tenants;
3. financing costs, as described in 24 CFR 92.206;
4. architectural, engineering, or other design costs;
5. utility upgrade or extension costs;
6. costs associated with demolition (where necessary) only if rehabilitation is commenced within 12 months of demolition;
7. construction costs;
8. project audit costs; and,
9. affirmative marketing costs.
Ineligible Uses and Activities
The following costs are not eligible for HOME funding:
1. project reserve accounts for replacement or operating reserves, and operating subsidies;
2. payment of impact fees;
3. land banking;
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4. emergency repair or weatherization programs;
5. commercial properties;
6. temporary shelters; or
7. project-based rental assistance.
Affordability Requirements
A housing project qualifies as a HOME assisted affordable housing project if rents are limited as follows:
1. At least 20 % of the HOME assisted units are:
a) Occupied by very low-income families who pay toward rent not more than 30% of the family adjusted income, or
b) Occupied by very low-income families and bear rents not greater than 30% of the gross income of a family whose income equals 50% of the median income, as determined by HUD. In determining the maximum monthly rent, the landlord must subtract a monthly allowance for any utilities and services (excluding telephone) to be paid by the tenant.
2. All remaining HOME assisted units must bear rents not greater than the lesser of:
a) The fair market value for existing comparable units in the area as established by HUD, less the monthly allowance for utilities and services to be paid by the tenant; or b) A rent that does not exceed 30% of the adjusted income of a family whose income equals 65% of the median income for the area as determined by HUD. In determining the maximum monthly rent, the owner must subtract a monthly allowance for utilities and services to be paid by the tenant.
3. Is occupied only by households that qualify as lower income (80% of median income) families;
4. Will remain affordable, pursuant to deed restriction, covenants running with the land, or other mechanisms that ensure that the property will remain affordable without regard to the term of the mortgage or transfer of ownership for not less than 55 years.
Other Requirements
Minimum Loan: All HOME investments must total not less than $1,000 multiplied by the number of HOME assisted units in the project.
Maximum Loan: The maximum amount of subsidy per unit shall not exceed the maximum allowed by HUD under the HOME program (24 CFR 92.250), or that provided for under Section IV, Loan Terms, of these Guidelines, whichever is less. The City will avoid unnecessary layering of subsidies from different federal, state and local programs and seek to maximize the benefit to target households from the investment of HOME funds in a project. See Exhibits (in Section VIII of this report) for Home Program Subsidy Limits.
Property Standards: Housing that is assisted with HOME funds must meet, at a minimum, the housing quality standards of all local codes, rehabilitation standards and zoning codes. Newly constructed housing must meet the current edition of the Model Energy Code published by the
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Council of American Building Officials. Substantially rehabilitated housing must meet the costeffective energy conservation and effectiveness standards in 24 CFR 39.
Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1. These provisions apply whether HOME funds are used for construction or non-construction costs.
Lead-based Paint: Housing assisted with HOME funds constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention Act and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement.
Conflict of Interest: No person who is an employee, agent, consultant, officer, or elected official or appointed official of the City who exercises or has exercised any function or responsibility with respect to activities assisted with HOME funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.
Religious organizations: HOME funds may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. However, HOME funds may be used by a secular entity to acquire housing from a primarily religious organization, and a primarily religious organization may transfer title to property to a wholly secular entity and the entity may participate in the HOME program in accordance with the requirements of this part. The entity may be an existing or newly established entity (which may be an entity established, but not controlled, by the religious organization). The completed housing project must be used exclusively by the owner entity for secular purposes, available to all persons regardless of religion. In particular, there must be no religious or membership criteria for tenants of the property.
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CDBG Housing Trust Fund
Source of Funds
Funding for this program is provided through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program (including program income and residual receipts), and therefore is subject to the federal rules and regulation found in 24 CFR Part 570, as amended from time to time.
Eligible Borrowers/Grantees
Eligible borrowers are community-based nonprofit housing development corporations (CBDO’s) duly organized or with capacity to promote and undertake community development activities on a not-for-profit basis, with proven capacity to develop, own and operate affordable housing, within a neighborhood identified in the Community Development plan. Such organizations are defined in CDBG regulations (24 CFR 570.204(a)(2)(c)(1)). Nonprofit Housing Development Corporations (HDC’s) and social service agencies with proven capacity to develop, own, and operate affordable housing, and limited partnerships whose general partner(s) is otherwise eligible under the above provisions are also eligible to borrow Program funds if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee.
Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.
Eligible Projects
Eligible projects will: (1) have four or more apartment units, Single Room Occupancy (SRO) units, or fewer than four units in the case of congregate housing, mobile home units or where the City Manager finds that the project will provide a substantial public benefit; (2) if acquisition or rehabilitation, have at least 51% of the units occupied by low and moderate income tenants at the time of acquisition (except as approved by the City Manager); (3) if new construction, have 20% of the units occupied by low income tenants; (4) be free from significant adverse environmental impacts except those that can be mitigated; and, (5) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program. Transitional or permanent housing may be provided. Rents of assisted units shall be affordable to households whose incomes do not exceed 80% of the area median income.
Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, principally for low and moderate income households, including but not limited to:
(1) acquisition and/or rehabilitation of eligible rental properties; (2) new construction of rental or limited equity cooperative housing by a CBDO is eligible, provided the construction activity is carried out as part of a neighborhood revitalization, community economic development or energy conservation project;
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(3) predevelopment loans up to a period of 24 months for site acquisition or construction.
Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.
(4) acquisition of short-term occupancy rental housing.
Funds may also be used for related predevelopment activities, including professional services which cannot be obtained on a contingency basis.
Ineligible Uses and Activities
Funds may not be used for the following activities:
(1) the construction of new rental housing or for any program to subsidize or assist such housing except when carried out by a CBDO.
(2) to provide income payments for rent or utilities, except in emergency situations for a period not longer than three months.
(3) to assist rental housing properties if less than 51% of the units will be occupied by low and moderate income households. However, such housing may be assisted where (a) The assistance is for the purpose of reducing the development cost of new construction;
(b) The project is not designed for/occupied by elderly households; (c) At least 20% of the units will be occupied by low- and moderate-income households (households with incomes which do not exceed 80% of median income); and
(d) The proportion of the total cost of developing the project (to be borne by the CDBG funds) is less than or equal to the proportion of the units in the project which will be occupied by low to moderate income households.
Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in 24 CFR Part 570 Subpart K, including but not limited to standards of financial management, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity.
Borrowers should note:
Contract Requirements: All work shall be completed by licensed contractors. All contracts must comply with competitive bidding requirements.
Labor Standards: A property with eight or more residential units must comply with the Federal Labor Standards, including the Davis-Bacon Act requirements, as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing Urban Development Act of 1968 and be in accord with the City's Women and Minority Business Enterprise Program. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex,
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color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.
Lead Based Paint: All projects must comply with the federal Lead-Based Paint Hazard Abatement regulations contained in Subpart K, 24 CFR 570.
Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.
Religious Organizations: All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.
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Citywide Housing Trust Fund
Source of Funds
Funding for this program is provided using revenues generated through (i) Development Agreements with for-profit development firms doing business in the City of Santa Monica, (ii) inlieu fees from the Affordable Housing Production Program established by Ordinance 1918, (iii) the Affordable Housing Commercial Linkage Fee Program, and (iv) proceeds from the sale of City-owned property.
Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDCs) with proven capacity to develop, own, and operate affordable housing and whose Articles of Incorporation and Bylaws irrevocably dedicate residential property owned by the corporation to the charitable purpose of providing affordable housing to low and moderate income households. Limited partnerships with such a nonprofit housing development corporation as the general partner are also eligible borrowers if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.
Eligible Projects
Funds can be used to make deferred loans to eligible borrowers to provide affordable housing, for low- and very low-income households through acquisition and/or rehabilitation or new construction.
Eligible rehabilitation projects will:
(1) be in need of rehabilitation as defined herein;
(2) be located in the City of Santa Monica;
(3) be free from significant adverse environmental impacts except those that can be mitigated through rehabilitation; and
(4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program.
Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above.
Eligible acquisition and rehabilitation projects shall have at least 51% of the units occupied by households whose incomes do not exceed 80% of median income, adjusted for household size, at the time of acquisition (except as approved by the City Manager). Any units vacated subsequent to the acquisition date shall be affordable to households whose incomes do not exceed 60% of median income, and (except for households in occupancy at the time of acquisition) shall be occupied by households whose incomes do not exceed 60% of median income.
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For new construction projects, any unit assisted under this program shall be affordable to and occupied by households whose incomes do not exceed 60% of median income as adjusted for household size.
Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, for low- and very low-income households, including but not limited to the following:
(1) acquisition and rehabilitation of eligible rental properties; (2) acquisition and conversion of non-residential property to multifamily or Single-Room Occupancy rental housing units;
(3) new construction of rental housing units;
(4) acquisition and rehabilitation or construction of Single-Room Occupancy housing units; and
(5) predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.
Other Requirements
Funds derived from the Affordable Housing Production Program may only be used for (i) new construction expenses, or for (ii) acquisition expenses incurred in conjunction with new construction of projects. Units assisted with Affordable Housing Production Program funds shall be primarily units for families with an average of two bedrooms.
Religious Organizations
All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.
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Low-Moderate Income Housing Asset Trust Fund
Source of Funds
Funding sources for this program are generated from proceeds from the sale of former Redevelopment Agency housing assets, residual receipts from former Redevelopment Agency assets (i.e., loans), as well as a portion of the loan repayments from the former Redevelopment Agency to the City. Sources are set aside for the purpose of increasing, improving and preserving the community’s supply of low and moderate income housing as stipulated by California Health and Safety Code Section 34176. (Further information on grant terms provided in Section III).
Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDC’s) duly organized to promote and undertake community development activities on a not-for-profit basis, or for-profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds.
Eligible Projects
All new construction projects shall be affordable to households whose income, as adjusted for household size, does not exceed 80% of median income.
Eligible acquisition and/or rehabilitation projects will:
(1) have four or more apartment or SRO units or be congregate housing or mobile home units, except where the City Manager finds that the project will provide a substantial public benefit;
(2) be in need of rehabilitation as defined herein;
(3) be located in the City of Santa Monica;
(4) be free from significant adverse environmental conditions except those that can be mitigated at a reasonable cost through rehabilitation; and (5) minimize tenant displacement.
Eligible Uses and Activities
Program funds can be used to make loans or grants to eligible borrowers who will provide affordable housing, principally for low- and moderate-income households. Eligible uses of deferred payment loan funds or grants include, but are not limited to, the following:
(1) acquisition and/or rehabilitation of eligible properties for rental or transitional housing; (2) acquisition and conversion of non-residential property to multifamily or Single-Room Occupancy rental housing units;
(3) new construction of housing units for rental or transitional housing; (4) acquisition and rehabilitation of Single-Room Occupancy housing units; and
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(5) predevelopment loans or grants up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans or grants may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.
Affordability Requirements
As required by State law, all projects shall be targeted to households earning 80% or less of the area median income, based on the State of California Housing and Community Development income and rent limits. State law also requires that at least thirty percent (30%) shall be expended for rental housing affordable to and occupied by “low-income” households does not exceed thirty percent (30%) of the area median income and no more than twenty percent (20%) affordable to and occupied by households between 60% of the area median income and 80% of the area median income.
Units are considered affordable when the rent, less a deduction for a utility allowance, for a “very low-income” household does not exceed thirty percent (30%) of 50% of the area median income; for a “low-income” household does not exceed thirty percent (30%) of 60% of the area median income.
Very low-income households are households whose incomes do not exceed 50% of the area median. Low-income households are households whose income does not exceed 80% of the area median. The median income as referenced above is the Los Angeles County median income figure, adjusted for household size, as published by the California Department of Housing and Community Development (HCD) from time to time.
Project Monitoring
The City shall monitor annually any housing affordable to households of low- or moderate-income funded with these trust funds. The City will require owners or managers of the housing developments to submit an annual report to the City. The annual report will include information on rental rates, family income, and family size of occupants.
Security
The loan or grant shall be secured by a Deed of Trust and Promissory Note which may be subordinated to deeds of trust securing other Federal, State, or City loans, or loans from conventional financing institutions used in conjunction with the Low-Moderate Income Housing Asset Trust Fund Loan on the same property. The City must obtain written commitments to protect the City’s investment in the event of a default. The City must approve all requests for subordination.
The loan or grant shall be further secured by recorded Covenants and Restrictions, running with the land, to assure that Program funds are used to provide long-term affordable rental housing opportunities for low and moderate income households. The Borrower and the City shall execute
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and record Covenants and Restrictions regulating project rents, tenant selection procedures, use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use, including a prohibition on conversion of the project to condominium or stock cooperative ownership for the term of the recorded Covenants and Restrictions. The recorded Covenants and Restrictions shall provide for the longest feasible time. Notwithstanding the above, the Covenants and Restrictions would in no event, be shorter than any other term of a Regulatory Agreement or Covenant recorded concurrently with the City’s Covenants and Restrictions. The Covenants and Restrictions shall be recorded with the Deed of Trust.
In some circumstances, these Covenants and Restrictions may be subordinated by the City, pursuant to Section 33334.14 of California Health and Safety Code, to liens, encumbrances, or regulatory agreements of other federal or state agencies or lenders providing financing for the project, subject to assurances by senior lenders that the City’s lien rights will be protected.
Religious Organizations
All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.
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TORCA Housing Trust Fund
Source of Funds
Funding for this Program is provided using revenues generated pursuant to the Tenant Ownership Rights Charter Amendment, as amended by Proposition K (including the repayment of sharedappreciation loans made pursuant to this Program.
Eligible Borrowers*
Eligible borrowers are nonprofit Housing Development Corporations (HDCs) with proven capacity to develop, own, and operate affordable housing, and whose Articles of Incorporation and Bylaws irrevocably dedicate residential property owned by the corporation to the charitable purpose of providing affordable housing to low- and moderate-income households. Limited partnerships with such a nonprofit housing development corporation as the general partner are also eligible borrowers if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.
Eligible Projects
Eligible projects include acquisition, rehabilitation, or new construction of rental or ownership housing projects which:
(1) consist of mobile home unit(s), congregate housing, Single-Room Occupancy units, or have four or more apartments, except where the City Manager finds that the project will provide a substantial public benefit;
(2) are located in the City of Santa Monica;
(3) are free from significant adverse environmental impacts except those that can be mitigated through rehabilitation;
(4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program and
(5) have at least 51% of the units occupied by households whose incomes do not exceed 80% of median income, adjusted for household size, at time of acquisition (except as approved by the City Manager).
Projects which involve conversion of an existing nonresidential use to residential use are eligible.
Transitional or permanent housing may be provided. Projects which involve the conversion of mobile home units to limited equity housing cooperative ownership are also permitted.
Eligible Uses and Activities
Program funds can be used to make loans to eligible borrowers who will provide affordable housing, principally for low and moderate income households. Eligible uses of TORCA funds include, but are not limited to, the following:
*While the City may not act as a borrower itself, the City Charter provides that the City may also utilize TORCA funds for the development of housing projects which meet TORCA requirements.
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(1) acquisition and/or rehabilitation of eligible rental properties; (2) acquisition and conversion of nonresidential property to multifamily or Single Room Occupancy rental housing units;
(3) new construction of rental housing units;
(4) acquisition and rehabilitation of Single-Room Occupancy housing units; (5) predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager; and (7) provide rental subsidies for temporary or permanent housing for low-income households.
Affordability Requirements
All units assisted under this program shall be affordable to households with incomes that do not exceed 80% of median income, and (except for households in occupancy at time of acquisition) shall be occupied by households with incomes that do not exceed 80% of median income.
Other Requirements
Labor Standards: State prevailing wage requirements apply to projects in which project costs exceed $25,000 for new construction or $15,000 for rehabilitation.
Religious Organizations
All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.
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Redevelopment Replacement Housing Trust Fund
Source of Funds
Funding for this program is provided using revenues generated through (i) the voter-approved Measure GSH tax revenues and (ii) any other funds dedicated by the City Council.
Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDCs) with proven capacity to develop, own, and operate affordable housing and whose Articles of Incorporation and Bylaws irrevocably dedicate residential property owned by the corporation to the charitable purpose of providing affordable housing to low- and moderate-income households. Limited partnerships with such a nonprofit housing development corporation as the general partner are also eligible borrowers if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.
Eligible Projects
Funds can be used to make deferred loans to eligible borrowers to provide affordable housing, for low- and very low-income households through acquisition and/or rehabilitation or new construction.
Eligible rehabilitation projects will:
(1) be in need of rehabilitation as defined herein;
(2) be located in the City of Santa Monica;
(3) be free from significant adverse environmental impacts except those that can be mitigated through rehabilitation; and
(4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program.
Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above.
Eligible acquisition and rehabilitation projects shall have at least 51% of the units occupied by households whose incomes do not exceed 80% of median income, adjusted for household size, at the time of acquisition (except as approved by the City Manager). Any units vacated subsequent to the acquisition date shall be affordable to households whose incomes do not exceed 80% of median income, and (except for households in occupancy at the time of acquisition) shall be occupied by households whose incomes do not exceed 80% of median income.
Affordability Requirements
All assisted units shall be affordable to households whose incomes do not exceed 80% of median income, and (except for households in occupancy at the time of acquisition) shall be occupied by
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households whose incomes do not exceed 80% of median income. The City may require the Borrower to pay to the City residual receipts resulting from rents associated with tenant(s) existing prior to the acquisition which exceed the rent limits pursuant to the Regulatory Agreement.
For new construction projects, any unit assisted under this program shall be affordable to and occupied by households whose incomes do not exceed 80% of median income as adjusted for household size.
All eligible projects assisted under this program will not be required to meet a minimum average number of bedrooms per unit requirement.
Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, for low- and very low-income households, including but not limited to the following:
(1) acquisition and rehabilitation of eligible rental properties; (2) acquisition and conversion of non-residential property to multifamily or Single-Room Occupancy rental housing units;
(3) new construction of rental housing units;
(4) acquisition and rehabilitation or construction of Single-Room Occupancy housing units;
(5) predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager; and (6) Rental subsidy or other affordable housing programs with City Council approval.
Religious Organizations
All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.
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Local Housing Trust Fund
Source of Funds
Funding for this program is provided through the California Department of Housing and Community Development (HCD). Approximately $57 million in funding for the Local Housing Trust Fund (LHTF) Program is provided by the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1), adopted by voters on November 6, 2018.
Matching Funds
All program funds provided pursuant to this section shall be matched on a dollar for dollar basis with dedicated sources of funding.
Underwriting Requirements
1. Loan Interest Rate - Interest rate is the amount charged on the loan balance, expressed as an annual percentage.
• Not to exceed three percent (3%)
2. Debt coverage ratio (DCR) - The ratio of a property’s estimated net cash flow to loan payment.
• DCR ranges from 1.1 to 1.2
3. Reserves – California Code of Regulations Title 4, Division 17, Chapter 1, Section 10327(c)(7)(A) and (B) - commonly referenced as TCAC
• Replacement reserves – An account to fund new building materials and systems as older materials and systems wear out.
• The minimum replacement reserve deposit for projects shall be three hundred dollars ($300) per unit per year, or for new construction or senior projects, two hundred fifty dollars ($250) per unit per year. • Operating reserves - An account to cover a deficit in the property’s operation.
• An operating reserve shall be funded in an amount equal to three months of estimated operating expenses, debt service, and reserve deposits under stabilized occupancy.
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VIII. EXHIBITS
Exhibit A Definitions
Exhibit B HOME Program Subsidy Limits
Exhibit C Rental Housing Loan Application (with check list and including Green Affordable Housing Checklist)
Exhibit D Green Affordable Housing Checklist
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EXHIBIT A
Definitions
Acquisition Basis: Owner’s basis for acquisition of the property as determined by Standard Accounting Procedures.
Capitalized Reserve Account: An account established with funds from capital funding sources available at the time of completion of development for the purpose of funding future project costs.
Community Housing Development Corporation (CHDO): A private nonprofit housing development corporation which meets a series of HUD qualifications prescribed in the HOME Regulations, including the requirement that it is duly organized to provide decent housing that is affordable to low- and moderate-income persons; maintains at least one-third of its governing board’s membership for residents of low-income neighborhoods, other low-income residents, or elected representatives of low-income neighborhood organizations; and, provides a formal process for low-income program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing.
Community Based Development Organization (CBDO): A Housing Development Corporation which meets the requirements of CDBG regulations as defined in 24 CFR 570.204(a)(2)(c)(1), as amended from time to time.
Congregate Housing: A multi-family residential facility with shared kitchen facilities, deedrestricted or restricted by an agreement approved by the City for occupancy by low or moderate income households, designed for occupancy for periods of six months or longer, providing services which may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility.
Depreciable Basis: Owner’s basis for depreciable costs of the project as determined by Standard Accounting Procedures, not including developer fees.
Fair Market Rents: Maximum rents as published by HUD for the Section 8 programs for the Los Angeles Area, adjusted for unit size.
Grant: Transfer of trust funds for purposes of financing the development of affordable housing, on the condition that grantee remains in full compliance with the Regulatory Agreement. Unlike a loan, the grant only becomes due and payable in the event that grantee is in default of the Regulatory Agreement.
HED: Housing and Economic Development Department, City of Santa Monica. This Department will administer the Program for the City under the direction of the City Manager/Executive Director.
3.F.b
Packet Pg. 375 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines
Nonprofit Housing Development Corporation (HDC): A private, nonprofit corporation with proven capacity to develop, own and operate housing, and which has a valid 501(c)(3) or (4) designation from the IRS.
Limited Equity Cooperative: A form of ownership whereby the residents form a cooperative corporation which owns and manages the property, and where the return on residents' original equity is limited to no more than 10%, as defined in the California Health and Safety Code, Section 33007.5.
Loan: Advance of trust funds for purposes of developing affordable housing with promise to repay.
Qualified Developer: A non-profit corporation with proven capacity to develop, own and operate housing which has a 501(C) (3) or (4) designation from the I.R.S.
Low and Moderate Income Households:
For Home Trust Fund, CDBG Housing Trust Fund and TORCA Housing Trust Fund: Households with incomes that do not exceed 80% of Los Angeles County median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.
For Citywide Housing Trust Fund: Households with incomes that do not exceed 60% of the Los Angeles County median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time are considered low income. Within this group of households, those with incomes that do not exceed 50% of the median are considered very low income.
For Low-Moderate Income Housing Asset Trust Fund: Households with incomes that do not exceed 120% of the Los Angeles County median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.
Maximum Affordable Rent: A rent which does not exceed thirty percent (30%) of the maximum income level of the income group being served (see "Low and Moderate Income Households"), adjusted for unit size and utility costs.
For Low-Moderate Income Housing Asset Trust Fund: the Maximum Affordable Rent for households with incomes that do not exceed 120% of median income for Los Angeles County shall be 30% of 110% of such median income.
Maximum Allowable Rent: The legal rent for the unit under Santa Monica Rent Control Charter Amendment, with allowable adjustments by the Rent Control Board for annual expense increases or for capital improvements.
3.F.b
Packet Pg. 376 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Housing Trust Fund Guidelines
New Construction: The construction of new housing including, but not limited to assembly of factory-built modular housing, or conventional on-site construction.
Operating Reserve Account: An account established for the purpose of funding a deficit in the project’s operation.
Rehabilitation: Correction of local code violations and removal of health and safety hazards; upgrading of housing units to decent, safe and sanitary conditions to comply with the Housing Quality Standards promulgated by HUD and with local standards; repair or replacement of major building systems or components in danger of failure; and alterations, additions and improvements to expand the number of affordable units, or needed to improve the basic livability, energy efficiency, accessibility for the disabled, or security of the property, and to reduce overcrowding.
Rehabilitation Basis: Owner’s basis for rehabilitation costs incurred for the property, as determined by Standard Accounting Procedures, not including developer fees.
Replacement Reserve Account: An account established for the purpose of funding major repairs or replacement of capital components of a building which reach the end of their economic life and require replacement.
Residual Receipts: The gross receipts from the property, less actual costs of operation, administration, maintenance, taxes, insurance, utilities, management, approved replacement and operating reserves, payments of principal and interest on loans senior to the City loan, and required debt service coverage. The amount of Residual Receipts shall be calculated based on the actual income and expenses set forth in the Annual Operating Budget required under the Regulatory Agreement or recorded Covenants, as approved by the City.
Single Room Occupancy Housing: Multifamily residential buildings containing housing units with a minimum floor area of one hundred fifty square feet and a maximum floor area of three hundred seventy-five square feet which may have kitchen and/or bathroom facilities, and where each housing unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.
Transitional Housing: A type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. Typically, transitional housing is housing in which homeless people live for up to 24 months and receive supportive services that enable them to live more independently. The supportive services may be provided by the organization managing the housing or coordinated by them and provided by other public or private social service agencies.
3.F.b
Packet Pg. 377 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity)
EXHIBIT B
HOME PROGRAM SUBSIDY LIMITS
UNIT SIZE SUBSIDY LIMIT
0 Bedroom $141,088
One Bedroom $161,738
Two Bedroom $196,672
Three Bedroom $254,431
Four Bedroom or larger $279,285
Limits are for 2017
3.F.b
Packet Pg. 378 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity)
EXHIBIT C
Housing Trust Fund Loan Application
(includes Checklist)
3.F.b
Packet Pg. 379 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica
Housing and Economic Development Department
Housing Division
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Rental Housing Loan Application Page 1
Santa Monica Housing Division
Rental Housing Loan Application
Loan Request: $ _____________________ Term (in years): ___________ Purpose of Loan (Circle one):
Acquisition & Rehabilitation New Construction Rehabilitation Proposed City Funding Source (Circle one):
Predevelopment Construction Permanent Interim/Bridge
Applicant
Name of Organization ________________________________________________________ Street Address ________________________________________________________________ City, State & Zip Code ________________________________________________________ Contact/Title _________________________________________________________________ Phone/Fax ___________________________________________________________________ Legal Status of Applicant (Circle one): nonprofit corporation for-profit corporation general partnership limited partnership individual joint venture other Names and Addresses of Principals (if firm, not individual) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
3.F.b
Packet Pg. 380 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica
Housing and Economic Development Department
Housing Division
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Rental Housing Loan Application Page 2
Santa Monica Housing Division
____________________________________________________________________________
3.F.b
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Rental Housing Loan Application Page 3
Santa Monica Housing Division
Proposed Project
Name of Project ________________________________________________________________ Street Address __________________________________________________________________ City, State & Zip Code __________________________________________________________ Total Number of Units ___________________________________________________________ Description of Proposed Project
Please provide a brief description of the proposed physical project, including proposed (or current if an existing property) resident income levels, number and size of units, special amenities, on-site services, etc.
Description should be at least several paragraphs in length.
3.F.b
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Rental Housing Loan Application Page 4
Santa Monica Housing Division
(Please circle the appropriate categories)
Building Type
Row Detached Semi-Detached Walk-up Elevator Mixed-Use
Foundation Type
Full Basement Partial Basement Crawl Space Slab/Grade
Parking Type
Subterranean Semi-Subterranean Tuck-under On-Grade
Existing Proposed
Stories:
Units:
Buildings:
Parking Spaces:
Gross Building Sq/Footage
(excluding parking):
Parking Square Footage:
Residential Area:
Commercial Area:
Year Built: __________
Units Demolished: __________
Amenities
Pool Laundry Other: __________________________
Type of Social Services, if any __________________________________________________ Accessory Buildings(i.e. Rec Halls, Garage or Shed Structures, etc.):
No., type, size ________________________________________________________________
3.F.b
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Rental Housing Loan Application Page 5
Santa Monica Housing Division
Unit Mix Existing Proposed Sq/Ft
Rents
Existing Proposed
studio
one bedroom
two bedrooms
three bedrooms
four bedrooms
Total
Site information
Lot Size: Sq. Ft.
Lot Dimensions: X Ft.
Zoning:
Variances/conditional use permits/
other planning approvals required?
Is the project located in the Coastal Zone?
Equipment and Services to be included in Rent
Ranges (gas/electric) Refrigerator (gas/elec) Air Conditioner Kitchen Exhaust Fan Dishwasher Garbage Disposal
Laundry Facility Drapes Carpet
Gas Heat Hot Water
Water Electricity Other:
Do you have a Rent Control Removal Permit? Yes No
If yes, please provide the permit number and date of issue ___________________________
3.F.b
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Rental Housing Loan Application Page 6
Santa Monica Housing Division
Financing
Will this project seek to utilize low income housing tax credits? Yes No If yes, estimated federal credits ___________ 9% ____________ 4% ____________ estimated State credits ___________
Will the project seek to utilize tax exempt financing? Yes No If yes, proposed issuer and form of credit enhancement ______________________________ ____________________________________________________________________________________ Development Team
Name Contact/Title Phone/Facsimile Address
Developer
Architect
Consultant
Attorney
General Contractor
Construction Manager
Relocation Consultant
Other
3.F.b
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Rental Housing Loan Application Page 7
Santa Monica Housing Division
Certification Statement
Please provide the following information. Leave no blanks. If not applicable, type N/A. (Please attach additional sheets, if necessary).
1. Applicant's Name:
2. List any additional names or aliases, exercise of power of attorney and/or fiduciary trust capacities that you are currently using or have used in the past. If any, please explain.
3. List all partnerships, corporations, joint ventures, and/or limited partnership entities, (including applicant, if applicable), which you are currently or have been associated with, and designate whether you are/were a principal and list your title and responsibilities, the purpose of the organization and its current status. 3a. Have any of the entities listed above been either suspended, revoked, lapsed and/or terminated for any reason? If so, please explain. 3b. Has the applicant or its partners or principals filed for bankruptcy? If so, please state the case number and whether the case was dismissed, discharged or is current. 3c. Has the applicant or its partners or principals defaulted on a financial obligation? If so, please explain.
3d. Is there, or has there ever been, a settlement and/or judgement filed or a case pending against the applicant or its partners or principals? If so, please explain. 3e. Has a lien ever been filed against real property owned by the applicant or its partners or principals listed above as a result of a judgment, etc.? If so, please explain.
3.F.b
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Rental Housing Loan Application Page 8
Santa Monica Housing Division
4. Has the applicant or its partners or principals ever been convicted of a felony or misdemeanor other than minor traffic violations and/or placed on probation, fined or given a suspended sentence in court? If so, please explain.
5. Has the applicant or its partners or principals ever been cited and/or convicted of a misdemeanor, including but not limited to a conviction under local health, fire, environmental and/or building and safety laws, relating to the ownership and/or management of real property? If so, please explain.
6. Does the applicant have any employees or relatives who have close associations with current or former employees of the Santa Monica City Council, City Manager’s Office, or the Housing and Economic Development Department? If so, please explain.
7. Are any current or former employees of the Santa Monica Housing Division currently employed by the applicant? Any relatives of any Housing Division employees? If so, please state the individual=s name and dates of employment.
8. Are there any Housing Division current or former employees that have a financial interest in this project? If so, state name, dates of employment and interest.
9. List all residential income properties which are owned by the applicant or its partners or in which principals have a vested interest.
10. Does the applicant or its partners or principals have any income and/or real property taxes or assessments that are past due? If so, please explain.
3.F.b
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Rental Housing Loan Application Page 9
Santa Monica Housing Division
PRIVACY NOTIFICATION. The information requested above is to be used by the Santa Monica Housing Division to assess the applicants creditworthiness. Information provided that is contained in public records cannot be withheld from disclosure under the California Public Records Act, Government Code, Sections 6250 and 6254. All other information may be required to be disclosed outside the agency by state and/or federal law.
Furnishing all information requested on this form is mandatory. Failure to provide such information may result in disqualification or a withdrawal of Housing Division’s commitment.
CRIMINAL PENALTIES. Any person who shall knowingly make or cause to be made, either directly or indirectly, any false statement in writing, with the intent that it shall be relied upon, for the purpose of procuring the loan secured by real property shall be guilty of a criminal offense, punishable by a fine not exceeding ten thousand dollars ($10,000.00) or by imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment. (California Penal code sections 532(a) and 532)).
CONTINUING OBLIGATION. I understand that I have a continuing obligation to provide the Housing Division with current and accurate information. Applicant must provide to Housing Division all requested information with an Applicant’s Certification Statement for any individual or entity that Housing Division in its sole discretion believes is necessary to evaluate the application (reasonably related to the applicant).
I, the undersigned, certify that the information provided to the City of Santa Monica, Housing Division, is true and correct as of the date set forth opposite my signature on this application package and acknowledge that any false or misleading statements of the information contained may result in civil liability and liability for monetary damages to the lender, its agents, successors, and assigns, insurers and any other person who may suffer any loss due to reliance upon any false or misleading statements which I have made on this Certification Statement.
_____________________________ ____________________________________________ Date Applicant’s Name
____________________________________________
Certified By (Print Name)
____________________________________________
Signature
____________________________________________
Title
____________________________________________
Federal Tax ID#
3.F.b
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Rental Housing Loan Application - Special Supplement Page 1 Santa Monica Housing Division
Special Supplement for Environmental Review
In addition to the following information, please attach 1 copy each of application exhibits (1c) Construction and Design Description and (1e) current photos of site, and Assessor Parcel Map(s) with parcels indicated. These materials will be forwarded separately to the parties responsible for environmental review.
Applicant: ____________________________________________________________________ Project Address: ______________________________________________________________ Site information
Assessor’s Parcel #(s):
Lot Size: Sq. Ft.
Lot Dimensions: X Ft.
Zoning:
Uses on adjacent sites:
Variances/conditional use permits/
other planning approvals required?
Is the project located in the Coastal Zone?
Present Property Use:
Prior Property Use:
Number of: Existing Proposed
Stories:
Units:
Buildings:
Parking Spaces:
Gross Building Square Footage
(excluding parking):
Parking Square Footage:
Year Built:
3.F.b
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Rental Housing Loan Application - Special Supplement Page 2 Santa Monica Housing Division
Units Demolished:
3.F.b
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Rental Housing Loan Application - Special Supplement Page 3 Santa Monica Housing Division
Special Supplement for Environmental Review
Part II. Questions
1. Please describe adjacent uses and neighborhood characteristics.
2. Is the property designated or determined eligible for historic register designation at the local, state or national level? Has it been determined ineligible?
3. Please identify the source of information used to determine the exact or approximate year of building construction.
4. Will financing for this project include the Historic Rehabilitation Tax Credit?
5. Provide the name and address of any person who has commented or may wish to comment on this project.
6. Provide the names and telephone numbers of the project applicant, project monitor, and project architect and/or contractor.
7. Please provide a copy of a building permit for each building, if applicable.
8. Are there any other environmental studies available for the site (i.e.
Archaeological, Hazardous Materials, Phase I or II)?
3.F.b
Packet Pg. 391 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) F:\P:\Trust Fund Guidelines\HTF Guidelines - current - adopted 07.2017\Housing Trust Fund Guidelines - revised per Council action on 7-25-17 corrected 10-5-18.docx Rental Housing Loan Application Attachment A
Santa Monica Housing Division Page 1
Attachment A Tenant Profile
Please list characteristics of resident households and identify where each household falls on the income spectrum.
Unit Number Name of Tenant # of persons
in household
actual income,
if known
Income*
Low Moderate Above Moderate
3.F.b
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Santa Monica Housing Division Page 2
Unit Number Name of Tenant # of persons
in household
actual income,
if known
Income*
Low Moderate Above Moderate
Totals
Percent of Units Low Income ____________________
Percent of Units Moderate Income ________________
Percent of Units Above Moderate Income __________
*See attached chart for maximum income by household size for each income category.
3.F.b
Packet Pg. 393 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Checklist
Rental Housing Loan Application
Santa Monica Housing Division
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Rental Housing Loan Application Checklist
S t M i H i Di i i
_______ # Application
_______ # Attachment A - Tenant Profile
_______ # Special Supplement for Environmental Review
_______ # Site and Project Information
Survey of site, if available
Legal Description of the Property
Construction and Design Description
For Acquisition or Rehabilitation Projects - Property Inspection Report and/or Detailed Work Write-Up on a unit by unit basis
Schematic designs, if available
Current Photos of Site
Evidence of Site Control
Preliminary Title Report
Appraisal, if available
Current Rent Roll for existing tenants of acquisition and rehabilitation projects, and estoppel certificates when available
Verification of Zoning, if available
Phase I Environmental Report and any other Environmental Reports (e.g. lead and asbestos assessments)
Termite Report
Construction Cost Estimate
Proposed Project Timetable
3.F.b
Packet Pg. 394 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Checklist
Rental Housing Loan Application
Santa Monica Housing Division
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Rental Housing Loan Application Checklist
S t M i H i Di i i
Analysis of replacement reserve requirements, showing remaining economic life and projected replacement cost for building systems
3.F.b
Packet Pg. 395 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Checklist, cont.
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Rental Housing Loan Application Checklist
S t M i H i Di i i
# Financial Feasibility Project development and operating pro formas in format shown. A diskette with these forms prepared using Excel software is available from the City for your use. Notes and assumptions explaining the basis of all projected costs development and operating costs must be provided. Required exhibits include:
_____ Project Summary
_____ Exhibit 1, Development Costs
_____ Exhibit 2, Rent Schedule
_____ Exhibit 3, Operating Expenses
_____ Exhibit 4, 30 Year Cash Flow Analysis
_____ Exhibit 5, Financing
_____ Exhibit 6, Tax Credit Analysis (where applicable) _____ Exhibit 7, Bond Fees Worksheet (where applicable) _____ Exhibit 8, Sources and Uses Through Construction (when available) # Organizational Documents
Project Team Resumes
Resumes of Principals of sponsor
For nonprofit developers,
List of Board of Directors and Organizational Chart
501(c)(3) exemption determination letter from the IRS
By-Laws, Articles of Incorporation, Partnership Agreements Current Financial Statements (Audited statements should be no more than 1 year old. Unaudited statements should be no more than 6 months old.) Ownership Plan, if applicant will not be owner.
3.F.b
Packet Pg. 396 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) Checklist, cont.
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Rental Housing Loan Application Checklist
S t M i H i Di i i
# Financing
Evidence of other Financing Approvals, Summary of Terms and Status, Contact Persons and phone numbers.
Ground Lease, if applicable
Loan Documents for Existing or Proposed Subordinate Financing, if available Tax credit reservation, if available
# Property Management
Resume of Firm
Management Plan, if available
# Tenant Information
Tenant Profile, existing if available and proposed, showing number of persons in each household and income level.
Relocation Plan, if applicable
# Tax Credit Projects Only
Evidence of Tax Credit Allocation, if available
Commitment of Tax Credit Investor, if available
Partnership Agreement, if available
3.F.b
Packet Pg. 397 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity)
EXHIBIT D
Green Affordable Housing Checklist
3.F.b
Packet Pg. 398 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) 6 GREEN AFFORDABLE HOUSING CHECKLIST
Purpose and Use of the Green Affordable Housing Checklist The City of Santa Monica Housing Division strongly encourages the use of environmentally sensitive ("green") building materials and systems in affordable housing developments.
This checklist is intended to encourage developers to consider green building methods and practices in the earliest stages of project planning. On the checklist are a number of recommended green practices, including practices related to energy efficiency; landscaping; framing and carpentry; indoor air quality; and other building systems and materials. Keeping in mind the intended scope of each project, budgetary constraints, availability of materials, and other factors, our goal is that as many of these practices as possible be incorporated into each project.
It should be noted that many green building systems and materials are evolving and becoming increasingly available. Therefore, this checklist is a living document, to be updated as technology and construction practices change.
Costs
Some of these practices involve no additional costs. Others may involve marginally or significantly higher initial costs. Please do not dismiss some items just because they may cost more, as the City may be willing to fund the increased cost in the interest of promoting a healthy environment.
Contractor Bid Packages
If you do not have, or cannot obtain, current costs for certain items on the checklist, please include these as alternatives as part of the contractor bid package in order to determine the cost.
Completing the Checklist
Please complete this checklist to show which green building practices will be included in the project. If you do not intend to include certain practices, or if the practice is not applicable to the project, please provide an explanation on the checklist. Also, please indicate which items will be included as alternatives in the contractor bid package. To facilitate completion of the checklist, the City’s Project Analyst is available to assist you.
3.F.b
Packet Pg. 399 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
7 Energy Efficiency
Energy
Efficient
Lighting
SM GBD&CG-ES2
Energy efficient exterior
lighting, such as high-pressure
sodium. Should be
appropriately sized for the
location.
Interior fluorescent bulbs and
(where practical and
appropriate) fixtures produce
light quantity and quality that
is comparable to
incandescents, while
expending less energy.
Energy efficient lighting reduces
energy consumption and lowers
utility bills. One compact
florescent bulb will pay itself
back over ten times over the
course of its life through reduced
energy use.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Resource Efficient Appliances
SM GBD&CG-WS1
Refrigerators, water heaters,
stoves, dishwashers, and
washing machines that are
designed to use less energy and
water. Most efficient
appliances qualify for Energy
Star designation.
Appliances, particularly
refrigerators and water heaters,
are some of the major sources of
residential energy use. Reducing
energy and water use lowers
utility bills while benefiting the
environment.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 400 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
8 Combined Hydronic Heating
SM GBD&CG-HS8
This system uses hot water
from the water heater for space
heating. Applicable for new
construction and major rehab
only.
Using the water heater for two
purposes uses energy more
efficiently.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Landscaping
Low-Water Landscape
Designs
SM GBD&CG-LA3
See Zoning Ordinance
Section 9.04.010.04.110
Water Conservation
Landscaping
Low-water landscape designs,
such as xeriscape, reduce water
use by emphasizing native
and/or drought tolerant plants,
elimination of turf areas, and
minimizing maintenance.
Low-water designs reduce water
and maintenance bills and
impacts on local water supply
infrastructure.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 401 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
9 Water-Efficient Irrigation
SM GBD&CG-LAb
Water efficient systems, such
as drip irrigation, place the
correct amount of water
directly at the base of each
plant thus reducing water use
and waste from overwatering.
Water efficient systems help plant
growth and overall health by
eliminating over watering or
excessive drying. They also
lower water bills and reduce
impacts on water supply
infrastructure.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Engineered Lumber and Wood Alternatives
Oriented Strand Board (OSB)
SM GBD&CG-MA3
OSB is an alternative to
plywood for sheathing,
flooring, and roofing.
Plywood requires the use of
large-size, typically old growth
trees. OSB is made from small
pieces of wood, thus eliminating
or reducing impacts to forests.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Wood I-Beam
SM GBD&CG-MA3
Wood I-Beams are an
alternative to 2x6s or 2x8s
used for floor and roof joists.
Wood I-Beams are engineered to
use less wood to perform the
same function and are often
straighter, thus minimizing wood
waste.
If included, please describe how the item will be used in the project.
3.F.b
Packet Pg. 402 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
10 If not included, please describe why.
Laminated Wood Fiber Products
SM GBD&CG-MA3
Gluelam, parlam, microlam,
etc. are alternatives to large
dimension lumber for trusses,
beams, and headers.
Laminate products provide the
same strength while eliminating
the need to use large-dimension
lumber from old-growth sources.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Certified Wood
SM GBD&CG-MA6
Certified wood is used like
conventional lumber for
framing, etc. Based on 2001
availability, may be
appropriate for new
construction and major rehab
projects only.
Wood certified by the Forest
Stewardship Council has been
monitored from the forest to the
local supplier to ensure that the
wood is harvested, milled, and
delivered under environmentally,
and socially responsible
conditions.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 403 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
11 Plastic Lumber
SM GBD&CG-Mab
SM GBD&CG-LA7
Plastic lumber is made from
recycled plastic products.
It can be used as an alternative
to wood in non-structural
applications such as decking
and fencing, depending on
field conditions.
Plastic lumber is highly durable
and is not susceptible to rot or
termite damage. It is also an
excellent use of recycled plastics.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Fiber-Cement Siding
SM GBD&CG-Mab
SM GBD&CG-MA4
Fiber cement siding can be
used as an alternative to
redwood or other types of
siding.
Fiber cement siding is not
susceptible to rot or termites and
is fire resistant.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 404 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
12 Indoor Air Quality
No-VOC (volatile organic
compound) Paint
SM GBD&CG-MA7
No-VOC paint is used exactly
like conventional paint.
Current no-VOC paints are
suitable for indoor use only,
subject to ongoing
maintenance viability.
No-VOC paint does not emit
odors related to VOCs. Organic
chemicals are widely used as
ingredients in household products
like paint, adhesives, cleaning
supplies, etc. VOCs can cause
eye, nose, and throat irritation,
loss of coordination, and
potentially damage the liver and
central nervous system. Outside,
VOCs can bond with other
pollutants and create ground-level
ozone.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Carbon Monoxide Detector Carbon monoxide detectors
monitor the level of this gas in
individual dwelling units.
Carbon monoxide is a common
indoor air pollutant created by the
combustion of natural gas from
stoves and heaters and is harmful
to human health.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 405 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
13 Seal Exposed Particle Board
SM GBD&CG-MA7
Particleboard typically
includes formaldehyde.
Sealing with a flat, latex-based
primer or other suitable
material can prevent the off
gassing of formaldehyde.
EPA ranks formaldehyde as a
probable human carcinogen.
Exposure to formaldehyde can
cause eye, nose and throat
irritation, skin rashes, headaches,
nosebleeds, and nausea.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Formaldehyde-Free Cabinets and
Counters
SM GBD&CG-MA7
Particleboard or medium
density fiberboard (MDF) in
cabinets and counters can be
substituted with formaldehydefree MDF alternatives or
products such as strawboard
and wheatboard made from
agricultural waste.
Cabinets and counters are
typically made of particleboard
that uses formaldehyde as the
binding agent. Minimizing or
eliminating formaldehyde-based
materials has a positive impact on
indoor air quality.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Building Materials
3.F.b
Packet Pg. 406 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
14 Ceramic Tile
SM GBD&CG-MA4
Ceramic tile can be used in
kitchen and bathroom and counter
tops. May be applicable to new
construction and major rehab
only.
Ceramic tile is long lasting and
does not off gas.
If included, please describe how the item will be used in the project.
If not included, please describe why.
Linoleum Flooring
SM GBD&CG-MA4
Linoleum flooring is made of
natural, renewable substances
such as amber, chalk, cork, and
jute. It can be used as an
alternative to sheet vinyl, vinyl
composite tiles, or carpet.
Most flooring products such as
sheet vinyl and carpet off gas
volatile organic compounds
(VOCs) and are made from nonrenewable petroleum-based
products. In contrast, linoleum
minimizes off gassing and is
made from renewable substances.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 407 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
15 Recycled Content Insulation
SM GBD&CG-MAb
Both fiberglass and blown
cellulose insulation have recycled
content. Fiberglass products are
used identically to standard
products. Blown cellulose (made
of recycled newsprint) requires a
special installer.
Recycled-content products
support Statewide solid waste
diversion goals. Cellulose
insulation provides a tighter
enclosure than fiberglass.
If included, please describe how the item will be used in the project.
If not included, please describe why.
3.F.b
Packet Pg. 408 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
16 Green Affordable Housing Bid Checklist
This checklist is to be completed upon conclusion of the bidding process. This information will be used to determine how any remaining project contingencies will be allocated.
Please list below those items that were identified in the Green Affordable Housing Checklist for inclusion in the bid package along with the bid price and the price for the comparable conventional item.
City of Santa Monica Housing Division - Green Affordable Housing Bid Checklist - Green Item Bid Cost Standard Item Bid Cost
3.F.b
Packet Pg. 409 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
17 3.F.b
Packet Pg. 410 Attachment: Housing Trust Fund Guidelines (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
Housing Trust Fund Plan
(effective through 2021)
1 On July 24, 2018, the Santa Monica City Council approved the following initial Housing Trust Fund Plan (Plan) effective concurrently with the 2013-2021 Housing Element cycle:
1. The City should endeavor to enter into Housing Trust Fund (HTF) spending commitments for affordable housing production and preservation totaling at least $15 million to $18 million during each fiscal year. The City should endeavor to further increase HTF spending commitments when there are opportunities to maximize the use of HTF resources by leveraging non-City funding (such as tax credits), implementing construction technologies to achieve significant cost savings, or developing affordable housing on City-owned land. In evaluating the cost efficiency of prospective HTF investments, the City should consider the number of bedrooms produced (i.e., number of people served) in addition to the number of residences produced.
2. A priority goal of the Plan is to ramp up the Preserving Our Diversity (“POD”) local rent subsidy program to a range that requires a commitment of no more than $2 million per fiscal year in HTF funds. No actual expansion of the POD program will occur unless and until a detailed plan for doing so is proposed by City staff, vetted by the Housing Commission, and approved by the City Council. Any portion of the potential $2 million in annual HTF funding that is not actually used for the POD program in any particular fiscal year shall remain available for commitment in future fiscal years to other Plan priorities.
3. A priority goal of the Plan is to provide permanent housing in Santa Monica for those among the population of homeless persons that the City Council determines the City should take responsibility to permanently house in the City. This should include “Santa Monicans” who are homeless. Subject to further refinement, this group is deemed to include those persons on the Santa Monica Homeless Registry as of the
3.F.c
Packet Pg. 411 Attachment: Housing Trust Fund Plan (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
Housing Trust Fund Plan
(effective through 2021)
2 date the Plan is adopted who are not already in permanent housing. The City should look to leverage as much as possible federal funds, State funds, County funds, other City funds, or private funds, to accomplish this goal.
4. The remainder of the HTF funds spent each fiscal year should be used to create new affordable housing units for seniors, for physically and mentally challenged persons, for large families, and for small families (including individuals). Unless one or more unusually advantageous opportunities dictate a different result, a goal of the Plan is to provide roughly equal HTF funding support for affordable housing targeted to each of these four populations over the life of the Plan. The equal funding support determination shall take into account HTF funding committed during the entire lifetime of the 2013-2021 Housing Element, even if it occurred prior to the adoption of the Plan.
The equal funding support determination also shall take into account HTF funding committed to the POD program (which is for senior housing) and to permanently housing Santa Monicans who are homeless (who may be members of any of the four populations).
5. The City’s existing affordable housing programs generally provide the highest preference to persons displaced without fault from their existing homes in Santa Monica, and provide the next highest preference to persons who either already live in Santa Monica or who work full-time in Santa Monica. The two goals of the Plan identified in paragraphs #2 and #3 above, however, only serve persons who already live in Santa Monica. The City recognizes that the daily efforts of low income workers are particularly critical to the businesses (including hotels, restaurants, and retail stores) that generate the sales and use taxes supporting the HTF through Measures GS and GSH, as well as the sales and use taxes and transit occupancy taxes that fund a substantial portion of the City’s budget. City staff therefore is directed to develop, in
3.F.c
Packet Pg. 412 Attachment: Housing Trust Fund Plan (5089 : State Affordable Housing Funding Opportunity) City of Santa Monica Housing Division
Housing Trust Fund Plan
(effective through 2021)
3 consultation with the Housing Commission, a proposal to increase—to the extent it is necessary and feasible to do so in order to maintain an overall equal preference for affordable housing opportunities in the City—the preference in other HTF funded projects for low-income Santa Monica workers.
6. City staff is directed to develop as soon as possible, in consultation with the Planning and Housing Commissions, a proposal to adjust the AHPP program that applies outside of the Downtown Community Plan. The proposal shall be based on a feasibility study, and shall take into account past and projected future production of housing through inclusionary zoning and HTF funded projects, as well as the quantified objectives in the Housing Element and the requirements of Proposition R.
3.F.c
Packet Pg. 413 Attachment: Housing Trust Fund Plan (5089 : State Affordable Housing Funding Opportunity) City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.G
1 of 5
To: Mayor and City Council
From: Susan Cola, Interim City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution making AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City boards Commissions and Task Forces through June 9, 2022.
Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act’s limitations on such meetings, while a state of emergency resulting from the COVID-19 pandemic remains active and state or local officials have imposed or recommended measures to promote social distancing.
Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (all citations herein are to the Government Code). Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social
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distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3). Both of the conditions to continue to rely on AB 361 are presently satisfied. The Governor’s State of Emergency Declaration, issued on March 4, 2020, and the City’s declaration of a local emergency issued March 13, 2020, as supplemented and modified through the 42nd Supplement, remain in place and have not been lifted. And, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, (“Health Officer Order” or “HOO”), continues to recommend social distancing as one measure to reduce the spread of COVID-19.
The Requirements of AB 361.
If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows: (1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option; (2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; (3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option); (4) the public must be able to attend the meeting via call-in option or internet-based service option; (5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internet3.G Packet Pg. 415
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based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and (7) where, as in Santa Monica, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).
The Current Findings Post-Winter Surge.
While not experiencing the high case levels and positivity rates as seen during the winter surge, the most recent Health Officer Order indicates that Los Angeles County is currently experiencing increases in COVID-19 cases and test positivity rates and related hospitalizations are no longer in decline, which may be attributed to the more transmissible BA.2 subvariant spreading in LA County. The HOO continues to focus the public health response to COVID-19 in Los Angeles County, among other things, to protect the most vulnerable among us and strongly recommends masks, regardless of vaccination status, in indoor public settings. In particular, the HOO explains that “[m]asks are most likely to reduce the spread of COVID-19 when they are widely used by people in public settings.” Members of Boards and Commissions previously voiced concern about being required to return to in-person meetings given that, as validated by the Health Officer Order, many people, including those with identified underlying medical conditions, unvaccinated older adults, people from ethnic and racial minority groups, remain at risk for severe illness from COVID-19 (more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die).
Accordingly, on March 22 and April 12, 2022, the City Council adopted findings under AB 361 to allow Boards and Commissions to elect to continue meeting remotely. The findings proposed by the attached resolution will allow Boards and Commissions to continue to elect to meet remotely through June 9, 2022.
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In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the Los Angeles County Department of Public Health of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue to invoke AB 361. Doing so will allow City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference after May 12, 2022 (which is when the AB 361 resolution adopted on April 12, 2022 will expire) without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply. An additional resolution will be required to be adopted at the Council meeting on May 24, 2022 to ensure compliance with the 30-day findings requirement for Board and Commission meetings to be held after June 9, 2022, given that the next regularly scheduled City Council meeting is on June 14, 2022.
The procedures that were set up for City Council meetings when it held meetings remotely, providing for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings conducted after May 10, 2022 similarly comply with the requirements of AB 361.
As indicated above, although the attached AB 361 Resolution authorizes all Boards and Commissions to continue to meet remotely, a Board or Commission can affirmatively decide to meet in person, just as the City Council recently decided for itself. In other words, for Boards and Commissions, the default will be remote meetings unless and until any decision to meet in person. As indicated above, the Council will need to make AB 361 findings anew every 30 days to permit this option to continue.
Fiscal Impacts
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Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2021-22 budget.
Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:
A. 2022.05.10_RESO-AB361 Findings
3.G
Packet Pg. 418
1 City Council Meeting: May 10, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361
TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE
MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make
3.G.a
Packet Pg. 419 Attachment: 2022.05.10_RESO-AB361 Findings [Revision 1] (5119 : AB 361 Teleconference Findings) 2 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2021 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, 2020, and December 15, 2020, and January 26, March 23, effective May 22, July 13, August 24, 2021, October 26, 2021, December 7, 2021, and March 8, 2022, with the result that the proclamation of a local emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; and
3.G.a
Packet Pg. 420 Attachment: 2022.05.10_RESO-AB361 Findings [Revision 1] (5119 : AB 361 Teleconference Findings) 3 WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and
3.G.a
Packet Pg. 421 Attachment: 2022.05.10_RESO-AB361 Findings [Revision 1] (5119 : AB 361 Teleconference Findings) 4 constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and
WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22,
3.G.a
Packet Pg. 422 Attachment: 2022.05.10_RESO-AB361 Findings [Revision 1] (5119 : AB 361 Teleconference Findings) 5 2022, and April 8, 2022, the City Council adopted Resolution Numbers 11362, 11378, 11384, 11390, 11393, 11399, 11404, 11407, and 11413, respectively, which made the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and
WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, which continues to recommend social distancing as one measure to reduce the spread of COVID-19, and to protect the most vulnerable among us in indoor public settings, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.
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Packet Pg. 423 Attachment: 2022.05.10_RESO-AB361 Findings [Revision 1] (5119 : AB 361 Teleconference Findings) 6 SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.
SECTION 3. As a result of the findings in Sections 1 through 2 above, the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
SUSAN COLA
Interim City Attorney
3.G.a
Packet Pg. 424 Attachment: 2022.05.10_RESO-AB361 Findings [Revision 1] (5119 : AB 361 Teleconference Findings) City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 3.H
1 of 3
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.
Summary
At the April 28, 2020, City Council meeting, City Council approved Resolution No.11245 amending Rule 15 of the Rules of Order and Procedure pertaining to public testimony to accommodate public comment via teleconference as a result of social distancing requirements due to the COVID-19 pandemic. Effective April 12, 2022, City Council has reopened its meetings to members of the public. In addition, upon further review of Resolution No. 11405, adopted at the March 8, 2022 Council meeting, there was language that was found to be incongruent with the Rules of Order and Procedure adopted in Resolution No. 11172 on May 28, 2019, prior to the pandemic that the attached Resolution will address. Finally, in accordance with Charter Section 615, staff recommends that Council adopt language in the Rules of Order and Procedure stating that the adoption of all ordinances and resolutions shall be by reading of title only unless a Council member present at the meeting objects. At the May 24, 2022, Council meeting, the City Manager and City Clerk staff will bring forth a study session item concerning possible agenda/meeting format changes for Council meetings as well as
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staffing and financial implications of implementing hybrid public comment procedures for both Council and board and commission meetings.
Discussion
The Council’s current Rules of Order and Procedure are established by Resolution No. 11405 (Attachment A). Rule 29 provides that the Rules may be amended by resolution.
To reflect the return to the procedures adopted prior to the COVID-19 pandemic for oral and written public comment, staff proposes that Council adopt a resolution (Attachment B) to amend Rule 15, which governs public comment. The amendment would be in effect immediately. Amongst other things, the proposed amendment:
• 15 (d) Returns the deadline for receiving written public comment to be viewed online to 12:00 pm on the day of the meeting;
• 15 (e) Clarifies language concerning time limits and priority order for members of the public to speak; and
• Makes other revisions throughout Rule 15 to accord with the prior procedures used for conducting meetings and eliminating any references to teleconferencing, phone queues, etc.
Finally, City Council is being asked to add Rule 29, which references Charter Section 615 to add language to comply with the Charter requirement that the adoption of all ordinances and resolutions shall be by reading of title unless a Council member present at the meeting objects.
Financial Impacts and Budget Actions
There are no financial impacts as a result of this action.
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3 of 3
Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. RES-Res-CouncilRules-Revised-20220308
B. 12709 (CAO edits wNSN edits)
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Packet Pg. 427
1 City Council Meeting: March 8, 2022 Santa Monica, California RESOLUTION NO. ____ (CCS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11360 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or any one thereof, may be suspended by a vote of twothirds (2/3) of the Councilmembers present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other
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Packet Pg. 428 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 2 agenda items shall commence no earlier than 6:30 p.m., following the Closed Session. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules action shall be taken by a majority vote of the entire membership of the City Council. However, in the case of a quasi-judicial hearing, if only four Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as five Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when his or her name is called and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.
The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed
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Packet Pg. 429 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 3 Session from which the public is excluded, for those purposes authorized by the Brown Act.
No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication which took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. Councilmembers should endeavor to submit Councilmember agenda items as follows: (1) for regular meetings, by 3:00 p.m. on Thursday in order to ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current agenda.
Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Councilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be included with the
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Packet Pg. 430 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 4 agenda item: “This item may be considered with Item.” The City Manager may combine staff items on the agenda in order to ensure that the public’s business is handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the BrownAct. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401 in the lobby of City Hall. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or his or her designee and either shall be transmitted to the appropriate board, commission or staff member or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests which are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial
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Packet Pg. 431 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 5 purpose the advancement of any cause the major benefit of which is private and not public.
Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (h) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies.
(f) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined
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Packet Pg. 432 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 6 in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (g) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.
(h) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(i) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(j) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
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Packet Pg. 433 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 7 (2) Introduction and First Reading.
(k) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(l) Public Hearings. This item consists of public hearings required by specific provisions of law.
(m) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. (n) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(o) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(p) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways. (q) Public Input. This item allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.
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Packet Pg. 434 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 8 RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and (5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.
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Packet Pg. 435 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 9 RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff shall address his or her questions to the City Manager, the City Attorney, the City Clerk or designated staff. Members of the City staff, after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, he or she shall cease speaking until the question of order is determined. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present.
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Packet Pg. 436 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 10 (e) Point of Personal Privilege. The right of a Councilmember toaddress the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned or where the safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating his or her views on a particular agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall
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Packet Pg. 437 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all agenda items, except ordinances for second reading, and the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration.
Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the CityCouncil regarding any item on the Agenda for public discussion shall register with the City Clerk staff or the staff managing phone calls through a call-in service provider prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each member of the public addressing the City Council shall go to the podium or be selected from the phone comment queue to speak, state his or her name and whom he or she is representing, if he or she represents an organization or other person. Each member of the public is encouraged, but not required, to also state his or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under
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Packet Pg. 438 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) consideration without first securing City Council approval. (d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 2:00 12:00 p.m. on the day of the Council meeting. bBest efforts shall be made to have them posted on the Council’s online agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per agenda item unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. For purposes of these Rules, the consent calendar shall be considered one item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, and members of the public with physical constraints on their ability to remain at the meeting or on the phone line for an extended period of time., and to the extent possible alternating between members of the public physically present at the meeting and those who have called in. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies., either in person or by phone. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A member of the public wishing to speak on more than one item shall limit his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the six-minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes
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Packet Pg. 439 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first and last. (g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council. Proclamations, commendations and appearances by special guests are ceremonial items. In order to ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per agenda item. The speaker and the person donating time shall turn in their chits together, notify the clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that he or she is speaking for both. Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment
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Packet Pg. 440 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience.
Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.
The Chief of Police or such member or members of the Police Department as he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City
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Packet Pg. 441 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) Council shall require him or her to do so.
RULE 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of aconflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.
RULE 19. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon his or her name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
RULE 21. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.
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Packet Pg. 442 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) RULE 23. AGENDA MANAGEMENT.
At any time prior to the City Council taking up agenda items after the report back from Closed Session, any member of the City Council may make a motion for agenda management to reorder or combine agenda items. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call agenda items in accordance with the agenda as modified by the motion.
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.
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Packet Pg. 443 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) RULE 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be made by the City Clerk and retained in accordance with the City’s record retention schedule. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.
RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.
RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.
RULE 2829. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 2930. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council meetings.
These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
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Packet Pg. 444 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) SECTION 2. Resolution Number 11360 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________________
Susan Y. Cola
Interim City Attorney
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Packet Pg. 445 Attachment: RES-Res-CouncilRules-Revised-20220308 [Revision 1] (5018 : Amending Council Rules) 1 City Council Meeting: May 10, 2022 Santa Monica, California RESOLUTION NO. ____ (CCS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11405 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or any one thereof, may be suspended by a vote of twothirds (2/3) of the Councilmembers present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other
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Packet Pg. 446 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 2 agenda items shall commence no earlier than 6:30 p.m., following the Closed Session. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules action shall be taken by a majority vote of the entire membership of the City Council. However, in the case of a quasi-judicial hearing, if only four Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as five Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when his or her name is called and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.
The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed
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Packet Pg. 447 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 3 Session from which the public is excluded, for those purposes authorized by the Brown Act.
No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication which took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. Councilmembers should endeavor to submit Councilmember agenda items as follows: (1) for regular meetings, by 3:00 p.m. on Thursday in order to ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current agenda.
Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Councilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be included with the
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Packet Pg. 448 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 4 agenda item: “This item may be considered with Item.” The City Manager may combine staff items on the agenda in order to ensure that the public’s business is handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the BrownAct. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements. (e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or his or her designee and either shall be transmitted to the appropriate board, commission or staff member or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests which are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not
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Packet Pg. 449 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 5 public.
Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (h) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies.
(f) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for
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Packet Pg. 450 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 6 second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (g) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.
(h) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(i) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(j) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
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Packet Pg. 451 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 7 (2) Introduction and First Reading.
(k) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(l) Public Hearings. This item consists of public hearings required by specific provisions of law.
(m) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. (n) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(o) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(p) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways. (q) Public Input. This item allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.
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Packet Pg. 452 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 8 RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and (5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.
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Packet Pg. 453 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 9 RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff shall address his or her questions to the City Manager, the City Attorney, the City Clerk or designated staff. Members of the City staff, after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, he or she shall cease speaking until the question of order is determined. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present.
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Packet Pg. 454 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 10 (e) Point of Personal Privilege. The right of a Councilmember toaddress the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned or where the safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating his or her views on a particular agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall
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Packet Pg. 455 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all agenda items, except ordinances for second reading, and the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration.
Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the CityCouncil regarding any item on the Agenda for public discussion shall register with the City Clerk staff or the staff managing phone calls through a call-in service provider prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each member of the public addressing the City Council shall go to the podium or be selected from the phone comment queue to speak, state his or her name and whom he or she is representing, if he or she represents an organization or other person. Each member of the public is encouraged, but not required, to also state his or
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Packet Pg. 456 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval. (d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 2:00 12:00 p.m. on the day of the Council meeting best efforts shall be made to have them posted on the Council’s online agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per agenda item unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. For purposes of these Rules, the all listings under the closed session item shall be considered one item, and all listings under the consent calendar item shall be considered one item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, while members of the public using the full two minutes will speak afterwards. and members of the public with physical constraints on their ability to remain at the meeting or on the phone line for an extended period of time, and to the extent possible alternating between members of the public physically present at the meeting and those who have called in. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies., e i t h e r i n p e r s o n o r b y p h o n e . If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A member of the public wishing to speak on more than one item shall limit his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the
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Packet Pg. 457 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) public may allocate time between items in one-minute increments up to two minutes.
Testimony given as an applicant or appellant does not count toward the six-minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first and last. (g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council. Proclamations, commendations and appearances by special guests are ceremonial items. In order to ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per agenda item. The speaker and the person donating time shall turn in their chits together, notify the clerk of the donation, and go to the podium together. The speaker shall
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Packet Pg. 458 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) state both of their names and state that he or she is speaking for both. Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the
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Packet Pg. 459 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) points on the Clerk's desk and the podium nearest to the audience.
Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.
The Chief of Police or such member or members of the Police Department as he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require him or her to do so.
RULE 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of aconflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.
RULE 19. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon his or her name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by
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Packet Pg. 460 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
RULE 21. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.
RULE 23. AGENDA MANAGEMENT.
At any time prior to the City Council taking up agenda items after the report back from Closed Session, any member of the City Council may make a motion for agenda management to reorder or combine agenda items. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call agenda items in accordance with the agenda as modified by the motion.
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
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Packet Pg. 461 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) (e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.
RULE 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be made by the City Clerk and retained in accordance with the City’s record retention schedule. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.
RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.
RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.
RULE 29. CHARTER SECTION 615
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Packet Pg. 462 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.
RULE 282930. INTERPRETATION AND MODIFICATION OF THESE
RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 293031. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council meetings.
These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
SECTION 2. Resolution Number 11360 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________________
Susan Cola
Interim City Attorney
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Packet Pg. 463 Attachment: 12709 (CAO edits wNSN edits) [Revision 4] (5018 : Amending Council Rules) 1 April 26, 2022
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 26, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 4:33 p.m., on Tuesday, April 26, 2022, at City Council Chambers, 1685 Main Street, Room 250, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis (arrived at 4:49 p.m.)
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra (arrived at 5:19 p.m.)
Also Present: City Manager David White
Interim City Attorney Susan Y. Cola
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 4:33 p.m., with all members present except Councilmembers Davis and Parra.
CLOSED SESSIONS
Councilmember de la Torre
was excused at 4:40 p.m.
Councilmember Davis
arrived at 4:49 p.m.
Councilmember de la Torre
returned at 4:55 p.m.
Councilmember Parra
arrived at 5:19 p.m.
Member of the public Denise Barton commented on closed sessions.
On order of the Mayor, the City Council recessed at 4:38 p.m., to consider closed sessions and returned at 5:42 p.m., with all members present, except Councilmember Parra to report the following:
1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1):
Santa Monica Housing Council, a non-profit corporation, William T.
Dawson, an individual, Irma Vargas, and individual v. City of Santa Monica – Los Angeles Superior Court, Case No. 22STCV11610
The Interim City Attorney advised this matter was heard with no reportable action taken.
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Joseph Hollins v. Santa Monica Police Activities League, et al., Los Angeles Superior Court, Case No. 21STCV24491
The Interim City Attorney advised this matter was heard with no reportable
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action taken.
1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Arash Yaghoubzadeh v. City of Santa Monica, Case No. 21SMCV01872 The Interim City Attorney advised this matter was heard with no reportable action taken.
1.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Soloway v. City of Santa Monica, Kalani Karim Lee, Case No. 20STCV47478 The Interim City Attorney advised this matter was heard with no reportable action taken.
1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Santa Monica Housing Council, et al. v. City of Santa Monica, Los Angeles Superior Court, Case No. 22STCV11610
The Interim City Attorney advised this matter was heard with no reportable action taken.
1.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1):
Santa Monica Bayside Owners Association v. City of Santa Monica, California Coastal Commission, Court of Appeal of the State of California, 2nd Appellate District Division 7, Case No. B318188
The Interim City Attorney advised this matter was heard with no reportable action taken.
1.G. Conference with Legal Counsel – Anticipated Litigation: Initiation of Litigation pursuant to Gov. Code § 54956.9(d)(4) (1 case) The Interim City Attorney advised this matter was heard with no reportable action taken.
1.H Conference with Labor Negotiator: Government Code Section 54957.6 --Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATAAdministrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRESanta Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet
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Councilmember Parra was
excused at 5:42 p.m.
Metal, Air, Rail, and Transportation Division, Local 1785; STASupervisory Team Associates; Coalition of Santa Monica City Employees
The Interim City Attorney advised this matter was heard with no reportable action taken.
1.I Public Employee Appointment: Title – City Attorney
The Interim City Attorney advised this matter was heard with no reportable action taken.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 5:43 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 26, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:43 p.m., on Tuesday, April 26, 2022, City Council Chambers, 1685 Main Street, Room 250, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra (arrived at 5:47 p.m.)
Also Present: City Manager David White
Interim City Attorney Susan Y. Cola
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:43 p.m., with all member present except Councilmember Parra. Councilmember de la Torre led the assemblage in the Pledge of Allegiance.
CLOSED SESSIONS
Councilmember Parra
arrived at 5:47 p.m.
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:45 p.m., to consider closed sessions and returned at 7:11 p.m., with all members present, except Councilmember Parra to report the following:
1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1495-M.
The Interim City Attorney advised this matter was heard with Item 1.B.
1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Administrative Team Associates v. City of Santa Monica, Public Employment Relations
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Board, Case No. LA-CE-1507-M.
The Interim City Attorney advised the parties have agreed to settlement of both ATA cases for items 1.A. and 1.B. with the following terms:
• Add four new job classifications to the ATA bargaining unit, to be included in the exception-based budget for Fiscal Year 2022-2023 • $50,000 lump sum payment
• Apply salary Y-rating to demotions in lieu of layoff, effective from the date of execution of the settlement agreement through the duration of the successor MOU with ATA
Motion by Councilmember Davis, seconded by Councilmember Brock, to approve Settlement agreement No. 11261 (CCS), in the amount of $50,000, with terms. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SPECIAL AGENDA
ITEMS:
2.A. Commendations: AYSO Western States Champions: Santa Monica “Storm”, was presented.
2.B. Proclamation: City Clerks Week, May 1 - 7, 2022, was presented.
2.C. Proclamation: Building Safety Month, was presented.
2.D. Mental Health Month Proclamation, was presented.
2.E. City Manager Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember de la Torre reported that he did not use city funds, but he did travel to Chicago for a conference where he received a scholarship from the National Association of Latino Elected Officials. The conference was about Emergency Preparedness, including discussions about COVID, Climate Change, what cities need to do to be prepared. He met with a lot of elected officials to discuss the challenges other cities are going through and was pleased that Santa Monica was already prepared in a lot of the areas discussed.
CHARTER SECTION 615 City Clerk Denise Anderson-Warren announced in accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.
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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Members of the public Davon Ray Harris and John Alle commented on various Consent Calendar items.
At the request of Councilmember Brock, Item 3.D. was removed from the Consent Calendar.
At the request of Councilmember de la Torre, Item 3.A. was removed from the Consent Calendar.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to approve the Consent Calendar except for Items 3.A. and 3.D, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
3.B. Present Annual Comprehensive Financial Report for Year Ended June 30, 2021, was approved.
Recommended Action
Staff recommends that the City Council receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance with Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2021.
HOMELAND SECURITY
GRANT
3.C. Authorization to Accept 2020 State Homeland Security Grant, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $205,000 from the 2020 State Homeland Security Grant Program;
2. Authorize the City Manager to execute all necessary documents to accept the grant and all associated grant renewals and
modifications;
3. Authorize budget changes as outlined in the Financial Impacts &
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Budget Actions section of this report.
CITY VEHICLES 3.E. Authorization to Approve a Purchase Order with Beam Global to Procure Three EV Arcs, Funded by a CalOES Grant, was approved.
Recommended Action
Staff recommends that the City Council:
Authorize the City to issue a purchase order with Beam Global for three EV Arc solar and battery powered electric vehicle chargers for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $278,961 with future year funding contingent on Council budget approval.
TRANSIT SERVICES 3.F. Award Bid and Enter into Agreement No. 11258 (CCS) with 3L Executive Services to provide bus fuel system repairs for Department of Transportation, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award Bid # 4420 to 3L Executive Services for inspection and repairs of transit bus compressed natural gas fuel systems and tanks for the Department of Transportation and Fleet Management.
2. Authorize the City Manager to negotiate and execute an agreement with 3L Executive Services, in an amount not to exceed $856,568 which includes a $77,870 contingency over a five-year period with future year funding contingent on Council budget approval.
MINUTES 3.G. Minutes of City Council - Special Meeting - March 15, 2022 5:30 PM, were approved.
MINUTES 3.H. Minutes of City Council - Regular Meeting - March 22, 2022 5:30 PM, were approved.
MINUTES 3.I. Minutes of City Council - Regular and Special Joint Meeting - April 12, 2022 5:30 PM, were approved.
GRANT FUNDS 3.A. Approval of the Proposed FY 2022-23 One-Year Action Plan Allocating Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program (HOME) Entitlement Grant Fund, was presented.
Recommended Action
Staff recommends that the City Council:
1. Approve the Proposed 2022-23 Annual CDBG and HOME Action Plan (Attachment A).
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2. Authorize the City Manager to submit all documents required to receive the City’s annual Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME)
entitlement grant funds to the U.S. Department of Housing and Urban Development (HUD).
This item was pulled by Councilmember de la Torre to ask staff why the Pico Neighborhood Association was not reached out to provide input to the plan.
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PIER SECURITY 3.D. Approval of Contract Modification with California Panther Security to Provide Security Services Related to Pier Vending, was presented.
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement No. 11259 (CCS) with A.G. Coast, Inc, d/b/a CA Panther, for security services on and around the Santa Monica. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC
2.24.250(g), is for a total amount not to exceed $732,000 ($482,000 over the initial agreement amount of $250,000 under the City Manager’s authority) and will extend the term of the agreement through June 30, 2023.
This item was pulled by Councilmember Brock to ask questions.
Questions asked and answered of staff included: why hasn’t this contract gone through a competitive bid process; if this went out to bid, could we have gotten a better deal; in the six months since the extension began, could a Request for Proposals have been done, and did we get the best deal we could from this vendor; and, are there any exceptions to the vendor rules for this contract.
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommendation.
The motion was approved by the following vote:
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AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
CONTINUED ITEMS:
DISABILITY
COMMISSION
5.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2022, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Cara Hendler.
There being no other nominations, Cara Hendler was appointed to the Disabilities Commission for a term ending June 30, 2022, by a unanimous voice vote, with all members present.
PLANNING
COMMISSION
5.B. Appointment to one unscheduled vacancy on the Planning Commission for a term ending on 6/30/2025, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Davis nominated Josh Hamilton.
Councilmember Brock nominated Samuel Tolkin.
Samuel Tolkin was appointed by the following vote:
Hamilton: Councilmember Davis, Mayor Pro Tem McCowan,
Mayor Himmelrich
Tolkin: Councilmembers de la Torre, Brock, Negrete, Parra Mayor Pro Tem McCowan and Mayor Himmelrich changed their votes to Tolkin, thereby appointing Samuel Tolkin to the Planning Commission for a term ending June 30, 2025.
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
5.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on 6/30/2025, was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem McCowan nominated Dante Harrington.
Councilmember Brock nominated Benjamin Winnemore.
Dante Harrington was appointed by the following vote:
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Harrington: Councilmember Davis, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
Winnemore: Councilmember Parra, Negrete, Brock
Councilmembers Parra, Negrete, and Brock changed their votes to Harrington, thereby appointing Dante Harrington by acclamation to the Public Safety Reform and Oversight Commission for a term ending June 30, 2025, with all members present.
ADMIN. PROCEEDINGS:
OCEANA HOTEL
6.A. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code (SMMC) Section 9.08.020; and Appeals of Planning Commission's Denial of Two Conditional Use Permits to Allow Meal and Alcohol Service to the General Public at the Oceana Hotel’s Existing Restaurant, was presented.
Recommended Action
Staff recommends Council take the following actions:
1. Adopt the determination that the proposal to open the Oceana Hotel’s existing restaurant to the public is exempt under CEQA Guideline Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance, permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant;
2. Introduce for first reading a proposed ordinance to amend Santa Monica Municipal Code Section 9.08.020 to establish a Conditional Use Permit (CUP) requirement for an existing legal, nonconforming hotel restaurant located within the R2 and R3 zoning districts to request approval to provide meal service to the general public, provided that certain criteria are met;
3. Grant the appeals of Planning Commission’s denial of two Conditional Use Permits associated with the Oceana Hotel’s request to 1) provide meal service to the general public pursuant to the proposed text amendment; and 2) modify the hotel’s existing alcohol CUP to provide service to the general public;
4. Approve Conditional Use Permits 20ENT-0237 and 21ENT-0090; and
5. Approve the Statement of Official Action.
Ex-parti Communication
Mayor Himmelrich stayed at the property about 15 years ago, walking by the property, and reading correspondence submitted into the record, she has no ex-parti communications.
Councilmember Davis has nothing to report. Other than reading
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correspondence submitted into the record, she hasn’t spoken to anyone about it.
Councilmember Negrete had a meeting to meet with Mr. Litman, had brief discussion about the Oceana.
Mayor Pro Tem McCowan met with Mr. Litman and General Manager, then had a phone call with Mr. Litman between now and the previous hearing.
Councilmember Brock reported on Nov 12 he had phone call with them, Nov. 11 he met with Oceana neighborhood, on January 7, 2022, he talked briefly on the phone, and sometime back in September, he had a breakfast that was previously disclosed, but nothing since January 7, 2022.
Councilmember de la Torre met with Mr. Litman and his General Manager to discuss the plan. On March 31st met with Mr. Litman to discuss residence concerns and mitigations.
Councilmember Parra met with Mr. Litman on Sept. 1, 2021, and she had one phone call before the last appeal, one call after the appeal, and a phone call last night.
Members of the public Grant Shaffer, Stephanie Leimbach, Emily McCarron, Laura Wilson (time donated by Elizabeth Lerer), Jacob Goren, Peter Rogers, Jerry Rubin, and Elizabeth Van Denburgh spoke to the recommended action.
Questions asked and answered included: would the applicant agree to not advertise the restaurant as a separate restaurant; would there be separate signage for the restaurant; would they be opposed to include that language in the Conditional Use Permit (CUP); will there be a number made available for neighbors to call if they have concerns; has the gate changed over the past 62 years, or has it been updated; is the gate equivalent to apartment gates; is there no plan to hold large events in this restaurant, if approved; is the plan not to turn it into a nightclub or bar; is it possible to reduce deliveries and still provide the restaurant with fresh, quality food; when reports are filed annually, if there are non-compliance issues, can staff change the CUP; can reports be requested more regularly than once a year; what is the expectation of what should go into the annual report; how would the hotel be branded differently from the downtown hotels; is it safe to say that the hotel is being promoted as more of a quiet, peaceful hotel; what is the plan to deal with large numbers of patrons waiting in the lobby, and how are they planning to deal with lines forming on the street; what is the relationship with the Elixir hotels; since the CUP runs with the land, does that mean there can’t be a change in the language of the CUP; how
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much is parking per day; when guest come to the restaurant, would they have to pay the daily parking rate; are there any discounts for locals or seniors; are all employees provided parking; and, if someone wanted to rent out the entire hotel, could they.
Considerable discussion ensued on topics including, but not limited to: not advertising the restaurant separately; provide a 24 hour number for residents to call with complaints, and keep track of those complaints; reports go to biannual after the first year; consider thinking about how to deal with long lines and large numbers of patrons waiting in the lobby; and, consider reducing the amount for valet parking.
Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the determination that the proposal to open the Oceana Hotel’s existing restaurant to the public is exempt under CEQA Guideline Section 15301 (Class 1) for Existing Facilities, in that the project involves the operation, repair, maintenance, permitting, leasing, or licensing of an existing hotel to extend its guest-only meal and alcoholic beverage services to the public in its existing onsite restaurant. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
Motion by Councilmember Negrete, seconded by Councilmember Davis, to introduce for first reading a proposed ordinance to amend Santa Monica Municipal Code Section 9.08.020 to establish a Conditional Use Permit (CUP) requirement for an existing legal, nonconforming hotel restaurant located within the R2 and R3 zoning districts to request approval to provide meal service to the general public, provided that certain criteria are met.
The motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
Motion by Councilmember Negrete, seconded by Mayor Pro Tem McCowan, to grant the appeals of Planning Commission’s denial of two Conditional Use Permits associated with the Oceana Hotel’s request to 1) provide meal service to the general public pursuant to the proposed text amendment; and 2) modify the hotel’s existing alcohol CUP to provide service to the general public.
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The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan,
NOES: Mayor Himmelrich, Councilmember Parra
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Negrete, to approve Conditional Use Permits 20ENT-0237 and 21ENT-0090, with the following amendments:
NEW
An on-site contact person shall be designated to serve as a neighborhood liaison to address any neighborhood concerns related to the hotel operations. Notification of the staff liaison and applicable contact information, including telephone and email address, shall be provided to all residents within a 300-foot radius of the subject site and local neighborhood organizations prior to the commencement of the use on the site, and at least once per year thereafter. The applicant shall track complaints and how complaints are resolved and submit with the report required in Condition #13.
Add to Condition #5:
The applicant shall not separately advertise the restaurant from the hotel.
No separate signage for the restaurant shall be permitted.
Add to Condition #13:
Consistent with the purpose of SMMC Section 9.41.080(B), the applicant shall file a compliance report for three consecutive years, with the first report filed within one (1) year after the effective date of this Conditional Use Permit 21ENT-0900 to review the effective of and level of compliance with the terms and conditions of this Conditional Use Permit. After three consecutive years, the applicant shall file a compliance report on a biannual basis thereafter.
The motion, with amendments was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
Motion by Councilmember Negrete, seconded by Councilmember Brock, to approve the Statement of Official Action.
The motion was approved by the following vote:
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AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan
NOES: Councilmember Parra, Mayor Himmelrich
ABSENT: None
ORDINANCES:
BOARDS AND
COMMISSIONS
7.A. Second Reading and Adoption of Ordinance No. 2700 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO CREATE THE HUMAN SERVICES
COMMISSION; REPEAL SANTA MONICA MUNICIPAL CODE
CHAPTERS 2.48, 2.56 AND 2.60, AND SUNSETTING THE
COMMISSION FOR THE SENIOR COMMUNITY, THE SOCIAL
SERVICES COMMISSION, AND THE COMMISSION ON THE
STATUS OF WOMEN UPON EFFECTIVENESS OF THIS
ORDINANCE”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember de la Torre, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
CAMPAIGN
CONTRIBUTION LIMITS
7.B. Second Reading and Adoption of Ordinance No. 2701 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 11.04.050 OF THE CITY
ELECTIONS CODE TO ADJUST LIMITS ON CAMPAIGN
CONTRIBUTIONS TO CITY CANDIDATES”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Negrete, seconded by Councilmember Parra, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ST. JOHN’S 7.C. Second Reading and Adoption of Ordinance No. 2702 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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Councilmember Negrete was
excused at 9:54 p.m.
SANTA MONICA APPROVING DEVELOPMENT AGREEMENT NO.
11260 (CCS) BETWEEN THE CITY OF SANTA MONICA, A
MUNICIPAL CORPORATION, AND PROVIDENCE HEALTH
SYSTEM-SOUTHERN CALIFORNIA, A CALIFORNIA NON-PROFIT
RELIGIOUS CORPORATION, AS SOLE MEMBER OF PROVIDENCE
SAINT JOHN’S HEALTH CENTER, A CALIFORNIA NON-PROFIT
RELIGIOUS CORPORATION”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Councilmember Negrete recused herself to avoid a potential conflict of interest.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
MILITARY EQUIPMENT
USE POLICY
Councilmember Negrete
returned at 9:55 p.m.
7.D. Introduction and First Reading of an Ordinance Approving the Military Equipment Use Policy, was presented.
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.
Member of the public Jonathan Foster spoke to the recommended action.
Questions asked and answered of staff included: after this first adoption, is there any issue with adding the Public Safety Reform Oversight Commission to be included when making this decision; does the city still have the BearCat, and is it considered military equipment; do we have inventory that we have, but is rarely used; are there other tools not listed that are considered military, and, if there are changes, does the 180 days deadline affect this.
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Councilmember de la Torre
out at 10:14 p.m.
Motion by Councilmember Davis, seconded by Councilmember Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with the amendment to the Section 4 (B), add, available to the Public Safety Reform Oversight Committee to be specifically notified, and publicly available on its internet website for as long as the military equipment for use. The motion was approved, as amended by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Parra, seconded by Councilmember Brock, to 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.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
STAFF
ADMINISTRATIVE
ITEMS:
HOUSING ELEMENT
Councilmember de la Torre
returned at 10:19 p.m.
8.A. 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, was presented.
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.
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Member of the public Keith D. Robinson commented on the recommended action.
Questions asked and answered of staff included: what is the real impact of SB35, especially since we already meet most of their criteria; do they want an affordable housing overlay all over the city; how are we protecting the more diverse and affordable parts of the city from being densified even further or for taking the brunt of the affordable Regional Housing Needs Allocation (RHNA) requirement; who is looking at the impacts on city services with the increase of building all of this additional housing, and who is going to pay for this; and, is there any hope on the distant horizon once all of this is done.
Considerable discussion ensued on topics including, but not limited to, the city is not willing to rezone right now, given these circumstances that nothing is acceptable.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to 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. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Brock, seconded by Councilmember Negrete, to receive an update on the status of responses to comments on the adopted 6 th Cycle Housing Element Update; and, direct the City Manager to submit a letter advocating for legislative changes to provide for additional time beyond October 15, 2022 to complete rezoning. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
AGENDA
MANAGEMENT
On the order of the Mayor, in accordance with the Council Rules to not hear any new items after 11:00 p.m.
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Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to continue with hearing the remainder of the agenda. The motion was unanimously approved by voice vote, with all members present.
PUBLIC HEARINGS:
21ST STREET
Councilmember Negrete
excused at 11:02 p.m.
9.A. Public Hearing and Adoption of Resolution No. 11414 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA VACATING A PORTION OF 21ST STREET
BETWEEN SANTA MONICA BOULEVARD AND BROADWAY, IN
THE CITY OF SANTA MONICA, CALIFORNIA”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department;
2. Confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022; and
3. Adopt the attached resolution ordering the vacation with conditions.
Councilmember Negrete recused herself on this item in order to avoid a potential conflict of interest.
There was no public comment on this item.
Questions asked and answered of staff included, who decides the naming of the streets.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Parra, seconded by Mayor Pro Tem McCowan, to confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were
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analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Brock, de la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Parra, seconded by Councilmember Brock, to adopt the attached resolution ordering the vacationing of a portion of 21st Street between Santa Monica Boulevard and Broadway, with conditions.
The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
WATER REPORT
Councilmember Negrete
returned at 11:11 p.m.
9.B. Public Hearing and Adoption of Resolution No. 11415 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 2022 ANNUAL WATER
SHORTAGE ASSESSMENT REPORT”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing and receive public comment for the proposed 2022 Annual Water Shortage Assessment Report; and
2. Approve the attached resolution adopting the 2022 Annual Water Shortage Assessment Report.
Member of the public Denise Barton, spoke to the recommended action.
Questions asked and answered of staff included, how deep and or large is a water cubic acre foot, and how many acre feet do we use in Santa Monica during an average year.
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the attached resolution adopting the 2022 Annual Water Shortage Assessment Report.
The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
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ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
LATION/HISPANIC
HERITAGE MONTH
Councilmember de la Torre
excused at 11:20 p.m.
13.A. Request of Councilmembers Negrete, and Parra that, to enhance Latino/Hispanic heritage month and resident/family-focused programming on the Santa Monica Pier, Council direct staff to: (1) waive fees associated with the partial use of the parking lot on the Santa Monica Pier to support the annual Santa Monica Classic Car Show on the Santa Monica Pier tentatively scheduled for September 10, 2022 from 9-5 pm presented by the Pico Youth and Family Center; and (2) allocate up to $5,000 of Council discretionary funds to reimburse the Pico Youth and Family Center for documented expenditures to support sound, entertainment, and promotional materials for this event that will be free and open to the public, was presented.
Councilmember de la Torre recused himself because of his relationship with the Pico Youth and Family Center.
There was no public comment on this item.
Motion by Councilmember Parra, seconded by Councilmember Negrete, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember de la Torre
COUNCIL TRAVEL
Councilmember de la Torre
returned at 11:24 p.m.
13.B. Request of Councilmember Brock that the City Council authorize use of his travel funds to attend the 2022 California Contract Cities Association Annual Municipal Seminar taking place May 12-15, 2022 in Indian Wells, California. The California Contract Cities Association will be providing a 50 percent discount on registration, was presented.
There was no public comment on this item.
Motion by Councilmember de la Torre, seconded by Councilmember Parra, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
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HYBRID MEETINGS 13.C. Request of Councilmembers Brock and Parra that the City Manager, as part of the budget study session that is scheduled for May 24, 2022, provide information on what is (i.e., staffing, technology, and any other resources) to support hybrid City Council and Board and Commission meetings that would allow the public to provide public comment both in person and remotely. The City Manager is also being asked to provide information on the timeline to transition to hybrid meetings, was presented.
Members of the public Denise Barton and Jonathan Foster, spoke on the recommended action.
Motion by Councilmember Brock, seconded by Councilmember Brock, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COUNCIL
DISCRETIONARY FUNDS
13.D. Request of Mayor Pro Tem McCowan and Councilmember Davis that the City Council allocate $25,000 of discretionary funds to Community Corporation of Santa Monica to support the upcoming marketplace at Brunson Terrace, located at 1819 Pico Blvd., an affordable housing property that will include commercial space for local Pico-based businesses, pop ups, workshops, and more. The marketplace was created in response to Pico community stakeholders expressing the need for an affordable, small business space, was presented.
There was no public comment on this item.
Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmember Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
5K WALK RUN
CHALLENGE
13.E. Request of Mayor Pro Tem McCowan and Councilmember Negrete that the City Council approve the (1) waiving of fees associated with the partial use of the Pier deck parking lot on Thursday, May 26, 2022 from 5 – 8 pm for the Rick Crocker 5K Walk
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Run Challenge sponsored by the Police Activities League (PAL) and (2) allocate up to $5,000 of discretionary funds to reimburse PAL for documented expenditures to support sound, entertainment and seating for this event which will be free and open to the public, was presented.
There was no public comment on this item.
Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Laura Wilson, Denise Barton, Jonathan Foster, and Elizabeth Lerer commented on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:48 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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Report
City Council Meeting: May 10, 2022
Agenda Item: 6.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd Recommended Action
Staff recommends the City Council:
1. Deny Appeal 20ENT-0275 and approve Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066 for a 7,280 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, based upon the findings and analysis outlined in this report.
2. Adopt the CEQA Findings in this Staff Report under “Compliance with California Environmental Quality Act.”
Summary
Carlthorp Elementary School (“Carlthorp”) operates a 280-student K-6 school at 438 San Vicente Boulevard. On November 4, 2020, the Planning Commission approved Conditional Use Permit (CUP) 19ENT-0250 and Minor Modification 20ENT-0066 (amending Conditional Use Permit 95-012) to allow a 7,280 square foot expansion to the school and new rooftop playcourt and a 0.29% increase to the allowable ground floor parcel coverage for the school. On November 18, 2020, the appellant, Steven Salsberg, filed a timely appeal (20ENT-0275) of the Planning Commission’s approvals.
The appeal statement raises concerns regarding (1) incorrect plan exhibits, (2) violations of CUP 95-012, the Conditional Use Permit issued to Carlthorp in 1995 that currently governs use of the property, (3) compliance of the proposed project with the Zoning Ordinance, (4) concerns over use of the proposed multipurpose room and
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whether it qualifies as a classroom requiring additional parking, (5) procedural flaws, (6) noise impacts, (7) privacy impacts, and (8) concerns about lack of access to information. On February 21, 2022, Frank P. Angel of Angel Law submitted a letter to the City Council on behalf of the Appellant and “all similarly situated residents of Santa Monica and all Santa Monica citizens interested in or benefitting from City Council compliance with the Ralph M. Brown Act requesting that the public hearing for Appeal 20ENT-0275, originally scheduled for February 22, 2022, be taken off calendar and renoticed. On February 22, 2022, for agenda management purposes, the City Council voted 7-0 to continue the appeal hearing to March 15, 2022. On March 15, 2022, the City Council voted 7-0 to continue the appeal hearing to April 12, 2022. The Appellant requested this item be continued beyond April 12, 2022, and it was rescheduled for May 10, 2022.
The letter asserts two separate violations of California law to support the request that the appeal hearing be continued:
• Ralph M. Brown Act (“Brown Act”) – improper notice of the appeal hearing • California Environmental Quality Act (“CEQA”) - Inappropriate use of CEQA Exemptions
The Appeal section of this staff report responds to the claims raised in Mr. Angel’s letter and concludes that no violation of the Brown Act or CEQA has occurred. However, some inadvertent typographical errors relating to the CEQA exemption were discovered in the original staff report and, therefore, an updated Draft STOA with CEQA exemption determination has been prepared (Attachment B).
The City Council voted on March 15, 2022 to continue the appeal hearing. Since that time, the appellant submitted concerns regarding the proposed project’s compliance with zoning standards. Specifically, the appellant asserted that two portions of the existing building do not meet the definition of a basement, based on the current Zoning Ordinance. As a result, the applicant submitted revised plans on March 31, 2022 that reduced upper level parcel coverage to be within maximum parcel coverage limits.
Subsequently, the appellant asserted that parcel coverage was shown incorrectly on the
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plans. On April 26, 2022, the applicant submitted further revised plans that updated parcel coverage calculations on the ground floor and upper levels and also clarified parcel coverage and floor area on the plans through color coding and labelling.
However, main components of the project and the applicant’s minor modification request did not change.
Approval of the CUP and Minor Modification would afford Carlthorp School the ability to add square footage below grade, at-grade and at the second-floor levels and as conditioned, the request is comparable to the adjacent residential uses within the area and will maintain the integrity of the neighborhood.
Staff has reviewed the appeal as it relates to Carlthorp’s requests, and has determined that the required findings set forth in SMMC Section 9.41.060 and 9.43.090 can be made in the affirmative to approve the requested Conditional Use Permit and Minor Modification, respectively, as detailed in the draft Statement of Official Action (Attachment B).
Pursuant to SMMC Section 9.37.130 relating to appeals, Council’s review of the Conditional Use and Minor Modification approval is de novo. Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions that were in the purview of the Planning Commission.
Background
Carlthorp School was established in 1939 and has been in operation at its present location since 1941. The school is a private kindergarten thru 6th grade elementary school. Subsequent to the 1994 Northridge Earthquake, the school expanded in lot size and building floor area after acquiring and demolishing an adjacent, vacant 17-unit apartment building that was “red-tagged” or deemed structurally unsound. On June 12, 1996 the Planning Commission approved the following entitlements:
• Development Review Permit 95-003;
• Conditional Use Permit 95-012;
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• Variance 95-022;
• Certification of an Environmental Impact Report and Adoption of Statement of Overriding Considerations
The subject property is located in the Low Density Multi-family Residential (R2) Zone District on a rectangular parcel of 46,362 SF, situated on the south side of San Vicente Boulevard between 4th and 7th Streets. The parcel is surrounded by multi-family properties to the east (22-unit condominium) and west (24-unit apartment) and two single-family dwellings located across from Georgina Place Alley to the south. The school acquired and expanded onto an adjacent property in 1996 and as such the school parcel is larger than any other parcel on this block.
Figure 1: Site Map
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Table 1: Existing Conditions
Zoning District Low Density Multifamily Residential (R2) Land Use Element
Designation
Low Density Housing
Parcel Area (SF)/Dimensions 46,362 SF / slightly irregular lot approximately 217.6’ W x 213.09’ D
Existing On-Site
Improvements
Private elementary school, outdoor play yard, surface
and covered parking.
Rent Control Status N/A – School
Adjacent Zoning Districts &
Land Uses
North: R2 – Multi Unit Dwelling
East: R2 – Multi Unit Dwelling
South: R1- Single Unit Dwelling
West: R2 – Multi Unit Dwelling
Historic Resources Inventory
Subject property is listed as a non-contributing building within the San Vicente Boulevard Courtyard Apartment
Historic District
On November 4th, 2020 the Planning Commission approved Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066, with a 6-1 and 7-0 vote, respectively, to allow the proposed expansion of the existing school. The Planning Commission’s approval authorized:
• An amendment to Conditional Use Permit 95-012 to allow the 7,280 sf expansion of a private school and addition of a new playcourt for the school within the R2 zoning district; and
• Minor Modification to increase parcel coverage by 0.29% from the maximum allowable 45% to 45.29%
The Planning Commission’s approval includes conditions that address all of these concerns. There are conditions regarding use of the outdoor loudspeakers and lighting which the school has begun to implement. Additionally, a detailed Traffic Demand Management program will improve the vehicular circulation.
Project Description
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Carlthorp School proposes a new 7,280 square-foot (SF) school addition comprised of a 4,793 SF basement multi-purpose room + associated corridors, 938 SF lunch seating area, 250 SF of administrative offices; a 9,142 square-foot rooftop playcourt is also proposed and while not defined as floor area, is included under the proposed amendment to the Conditional Use Permit as a change in the use of a school building.
If approved, the proposed project would result in a two-story school classroom building comprised of a 20,998 main level, an 18,516 SF second story, and a 16,303 SF basement area.
Figure 2: Carlthorp School front elevation
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Figure 3: students arriving to school
Landmark Commission Concept Review: San Vicente Boulevard Courtyard Apartment Historic District
Carlthorp School is within the designated San Vicente Boulevard Courtyard Apartment Historic District, which was designated by the City Council on January 12, 2016. The Historic District was adopted based on its association with multi-family development patterns and the distinctive concentration of courtyard apartments with L-, O-, I-, C-, or U-shaped plans that partially or fully surround a landscaped courtyard.
Figure 4 San Vincente Boulevard Courtyard Apartment Historic District Boundaries
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The District’s period of significance is from 1937-1956, and contributors to the District are courtyard apartments with architectural styles typically associated with the period of significance. The subject parcel on which Carlthorp is located is one of thirteen noncontributing structures out of 40 total structures within the District. The Carlthorp School is a non-contributing structure and parcel as the school was constructed outside the period of significance and is not a courtyard apartment. Although not a contributing structure, the Landmarks Commission reviews and issues Certificates of Appropriateness for alterations to both contributing and non-contributing structures in the District, including Carlthorp. As a result, the project had a preliminary review by the Landmarks Commission on October 14, 2019. The Landmarks Commission was generally supportive of the project, noting that the addition would not be visible from the street.
The Landmarks Commission will conduct its formal review of a Certificate of Appropriateness application including compatibility with the overall District character should the Council deny the appeal and approve the proposed project.
Planning Commission Action
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On November 4, 2020, a public hearing was held by the Planning Commission to consider Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066.
The Commission received public testimony in support of and opposition to the project.
Supporters spoke of the importance of the school and need for expansion, whereas public testimony that was in opposition to the project, cited traffic related impacts, size, scale and location of the project and overall compatibility with the surrounding neighborhood.
The project was originally scheduled to be heard at the May 21, 2020 Planning Commission meeting, but was continued to allow Code Enforcement to investigate a complaint alleging that the school was operating in violation of their existing Conditional Use Permit (CUP 95-012). The complaint included concerns regarding excessive light, noise, vehicle queueing, parking, and landscaping. The Code Enforcement Division reviewed the complaint letter and took no action. The school has been operating on and off-site during the pandemic. During the 2019-2020 school year, the school reduced the on-site population by half with upper grade students attending school at an off-site location, therefore in-person learning due to the COVID-19 pandemic was not consistent. City staff investigated all complaints/comments as much as possible and moved the item forward for a Planning Commission public hearing on November 4, 2020.
The potential impacts proposed with the school’s expansion are distilled down to two issues: the noise generated by school children playing outside and the impact of loading/ unloading and parking on the surrounding neighborhood. No new parking impacts are associated with the current proposal. Condition #4 memorialize the school’s special events.
The Planning Commission made findings in support of approving the Minor Modification and the Conditional Use Permit. In approving the project, the Commission included conditions of approval that addressed the school’s operations, sports activities, and special events and concerns about impacts to circulation (loading/unloading/parking)
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and noise. The general consensus of the Commission was that with the school having been at the site since 1941 and an integral part of the neighborhood, every effort for dialogue should be made with opponents and proponents to address the on-going school operations. The specific conditions of 19ENT-0250 provide concrete direction and guidance to further that dialogue. These conditions include:
• Designating a school-appointed neighborhood liaison;
• Implementation of a parking, loading and operations plan (PLOP); • Providing netting surrounding the upper-level play court; • Ensuring the multi-purpose room not be used as a classroom; • Shielding exterior lighting from neighbors;
• Including a landscaped screen (e.g. a landscaped fence) at stairwell along the west elevation;
• Providing a subsequent acoustical analysis to City staff once play court is operational;
• Including a valet plan utilizing one side of the street and existing on-site parking.
The Minor Modification was approved but not extensively debated by the Commission.
The existing main floor level is not at the same elevation across the entire level due to a grade change in the parcel from front to rear, and thus, the exhibits shown to the Planning Commission did not correctly identify each floor. Subsequent to the Planning Commission’s action, the project plans were updated to demonstrate compliance with the Planning Commission’s actions and provide a clearer parcel coverage exhibit. The plan exhibits have been updated to clarify lower, main, and upper floor levels and are compliant with the Planning Commission’s approval, as conditioned.
On November 18, 2020, the appellant, filed a timely appeal (20ENT-0275) of the Planning Commission’s decision to approve the Conditional Use Permit and Minor Modification to allow the proposed Carlthorp school expansion. https://www.smgov.net/departments/pcd/agendas/PlanningCommission/2020/20201104/a20201104.htm (Planning Commission agenda link
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11.4.2020) + (Planning Commission audio link 11.4.2020) http://santamonica.granicus.com/MediaPlayer.php?view_id=3&clip_id=4591 Discussion
Purpose of Conditional Use Permit and Minor Modification According to Santa Monica Municipal Code (SMMC) Section 9.08.020, a Conditional Use Permit (CUP) is required for a school use in a Residential Zone. CUP 95-012 was approved for the expansion of the school in 1996. A CUP is intended to provide a mechanism for approval or conditional approval of expansions in the use of land or buildings or changes in the character of use of land or buildings. These uses require an additional level of review and have a higher threshold of approval to ensure compatibility with adjacent land uses and compliance with the goals and intent of the General Plan. A CUP allows for mitigation of potential impacts of a proposed use by allowing the City to impose conditions of approval on the use (for example, to address design, siting, and operational impacts).
Pursuant to SMMC 9.40.050, in order to approve a CUP and Minor Modification, Council on appeal must make the following findings in an affirmative manner, as more fully set forth in Attachment B:
• The proposed use is consistent with the General Plan
• The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain;
• The proposed use is compatible with the existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation;
• The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood.
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Minor modifications allow for minor adjustments to the dimensional requirements and design standards, including an increase in parcel coverage by up to 5%. The Minor Modification request to increase parcel coverage by 0.29% would normally be reviewed without a public hearing and issued by staff; however, pursuant to SMMC Section
9.37.170, if any application is filed concurrently with another application that would normally be reviewed by the Planning Commission, all related applications are reviewed by the Planning Commission. In this case, since the Planning Commission’s approval was appealed the Council shall review the Minor Modification and determine whether findings can be made in support of the request to allow a minor increase in parcel coverage for the project.
Appeal
On November 18, 2020, the appellant, filed an appeal (20ENT-0275) of the Planning Commission’s decision to approve the Carlthorp school expansion. The appeal statement raises concerns regarding (1) incorrect plan exhibits, (2) violations of CUP 95-012, (3) noncompliance of the proposed project with the Zoning Ordinance, (4) concerns over use of the proposed multipurpose room and whether it qualifies as a classroom requiring additional parking requirements, (5) procedural flaws, (6) noise impacts, (7) privacy impacts, and (8) concerns about lack of access to information. After review of the appeal, staff determined that it is generally based on interpretations of the Zoning Ordinance that are inconsistent with how the Zoning Ordinance has been consistently applied, and procedural elements that are not germane to considering whether findings can be made to support the proposed project and do not warrant upholding the appeal.
This report has grouped the appeal complaints in these eight categories, and includes a chart noting each of the appellant’s objections; the source of the discussion i.e. from Code, entitlements, or procedural guidelines; the appellant’s assertion; and staff response. A detailed item by item description is included as Attachment E.
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Additional responses to the letter submitted by Frank P. Angel of Angel Law on behalf of the appellant asserting (9) violations of the Brown Act and (10) violations of the California Environmental Quality Act (CEQA) are also provided in this section.
1. Plan Exhibits Incorrectly Represent the Proposed Project The appeal asserts that the plan exhibits are incorrect in a number of ways:
interpretation of the definition of basement, number of stories, adjacency of different zone as it impacts setback and height requirements, and that plans do not comply with current parking regulations.
Staff has reviewed the plans and found them to be compliant with the Code. Further, staff has also reviewed each element of the appeal assertion and found that each assertion relies on an incorrect interpretation of the Code. The existing building floor levels are on multiple levels due to the property’s slope and construction occurring over time creating existing legal non-conforming conditions that are allowed by Code. Staff has found that the calculations of the basement, various levels, setbacks and parking requirements to be correct. Staff has reviewed the plans and found the interpretation of requirements correct and has also found the proposal to comply with Code.
2. Violations of CUP 95-012
The appeal asserts that the original Conditional Use Permit (CUP 95-012), which currently governs the use of the property, has been violated and therefore no other entitlements or permits can be issued. Staff has reviewed all the conditions in CUP 95- 012 and found that the school has complied with all conditions with the exception of the condition to provide a clear view from the street and to change the surface of the play yard from grass to artificial turf as conditioned in the 1995 CUP. This application requests those conditions be modified to reflect the existing physical condition providing additional security and water cost savings for the school and its students. Staff recommends approval of these revised conditions because they reflect the school’s current operations and do not raise or alter noise impacts. If Council does not approve the conditions as proposed, the applicant will be required to bring the property into compliance with CUP 95-012.
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3. Zoning Ordinance Compliance
The appeal asserts numerous ways the project is not Code Compliant including the interpretation of basement, number of stories, floor area calculations, setback definitions, and parking requirements. Staff has thoroughly reviewed each assertion by the appellant on this subject and determined that the appeal statement does not correctly apply the Code. As a multi-level property, the floor area calculation is not straightforward. Staff has closely reviewed the sections and plans to carefully identify what areas of the project meet the Code definition of basement and are therefore not included in the floor area. The application’s drawings and parcel coverage calculations reflect a Code-compliant project subject to approval of the Modification request.
The appeal also asserts the setbacks should be calculated differently as the property adjoins an R1 zone. The property is separated from the R1 zone by an alley and therefore does not adjoin the R1 zone and the Code provisions referred to in the appeal do not apply.
The City Council voted on March 15, 2022 to continue the appeal hearing. Since that time, the appellant submitted concerns regarding the proposed project’s compliance with zoning standards. Specifically, the appellant asserted that two portions of the existing school do not meet the definition of a basement, based on the current Zoning Ordinance. After review of the appellant’s assertions and new information regarding the location of certain levels of the existing building relative to finished grade provided by the applicant that was not previously included in the proposed plans, staff determined that the proposed plans exceeded maximum allowable upper level parcel coverage.
Staff notified the applicant of this code compliance issue; as a result, the applicant submitted revised plans on April 26, 2022 that reduced upper level parcel coverage to be within maximum parcel coverage limits. The main components of the project and the applicant’s minor modification request did not change.
4. Required Parking
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The appeal asserts that the proposed multi-purpose room should be considered an additional classroom and therefore requires Carlthorp to provide additional parking. The applicant has provided information representing that the use of the proposed multipurpose room will be an assembly/multi-purpose room that will be used by the school community but not as a classroom. A proposed condition of approval memorializes the restriction on the multi-purpose room being used as a classroom and thus, additional parking is not required.
5. Procedural Flaws
The appeal asserts that there have been flaws in processing the project. Specifically, the appeal asserts that staff has incorrectly accepted an amended application and not provided the appellant with requested documents. The land survey included in the original application contained an error. When this error was discovered, the application was modified to include a Minor Modification.
6. Noise Impacts
Due to the COVID-19 emergency, in-person school attendance had ceased during the time that the application was under consideration by the Planning Commission with no indication when in-person instruction would resume. Overall noise complaints are therefore difficult to verify. However, the school has previously paid for replacement of the windows in the building on the adjacent property as conditioned in CUP 95-012.
The school has also committed to a much more limited use of the public address system as part of the current application and has proposed to designate a neighborhood liaison to facilitate communication between the school and its neighbors, which are included in the draft conditions of approval for the project. An acoustical study has been prepared based on two site visits conducted pre-Covid 19 (prior to March of 2020), with an additional test completed May 2020. A condition of approval has been proposed to review noise levels for compliance with the acoustical study once construction has completed and the approved uses are in active use.
7. Privacy Impacts
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The appellant did not elaborate on the privacy impacts and stated an amended appeal statement would provide an explanation. As of the writing of this staff report, no additional information has been received.
8. Access to Information
The appeal cites lack of documents, zoning interpretations and access to public records as an obstacle to scheduling public hearings and amending the appeal. The appellant has requested a substantial amount of public records and staff time including:
➢ All related documents 1995 and 2019 CUP applications
➢ Three public records requests
➢ Multiple scheduled phone and virtual meetings
In response to these requests, staff created electronic records, requested all previous file records, granted access to view construction drawings for the prior entitlement and fulfilled the volume of public requests and requests for all staff emails relating to the project all during the period of the Covid-19 stay at home order. Additionally, staff digitized application material and Santa Monica Municipal Code (SMMC) Code Sections from 1995 and provided a xero copy of paper records from 1995. These requests were made and completed when City Hall was not open to the public due to the COVID-19 emergency. As such, documentation was provided consistent with updated COVID-19 protocols. The appellant contends staff willfully withheld public documents. City staff have collectively spent many hours over the course of the past 18 months responding to records requests regarding the project, reviewing questions, and explaining various aspects of the Code to the appellant.
The two substantive obstacles that have thwarted a resolution of the entitlement request include setting and keeping scheduled hearing dates; fulfilling the voluminous requests for information, formal interpretations, assistance and examinations.
The applicant, the appellant, staff and members of the public have an expectation that the development application process will move forward with some level of certainty and fair adjudication of the request. City staff received the initial application in June of 2019.
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The Planning Commission heard and approved the project on November 4, 2020, and the appeal was filed on November 18, 2020. The appeal to the City Council has been rescheduled multiple times; staff’s objective is to bring this item to the City Council for final resolution of the requested entitlement. Attachment D contains a project timeline.
9. Claim of Violation of the Brown Act
The letter claims that there was a violation of the Brown Act because the agenda description for this appeal did not specifically reference an action to be taken by the City Council under CEQA.
Staff has reviewed and determined that the agenda description for the February 22, 2022 public hearing did not need to include a separate reference to an action to be taken under CEQA because no separate action need be taken, and the agenda description was sufficient for purposes of the Brown Act. Based on evidence in the record, the proposed project is exempt from the provisions of CEQA. As a matter of practice, and consistent with CEQA, the City Council does not take a separate action to make a determination that a project is exempt from CEQA. Because no separate action will be taken by the City Council, no exemption determination was listed separately on the Council’s agenda for this item.
Nonetheless, the City has had an opportunity to re-notice the hearing due to the continuances. And, as described in more detail below, because the appellant has challenged the City’s reliance on certain Categorical Exemptions under CEQA, staff recommends that the City Council make an affirmative determination that the proposed project is exempt from the provisions of CEQA.
10. Claim of CEQA Violation
The letter claims that staff’s recommended CEQA exemptions under Class 3 and Class 31 are “unsubstantiated and erroneous”. Staff has reviewed and determined that the exemptions are supported by substantial evidence in the record as set forth in the Draft Statement of Official Action (“STOA”).
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The letter assumes that the City relies, in part, on CEQA’s “common sense” exemption, which is appropriately used when “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The letter claims that the City cannot rely on this exemption because it is contradicted by language in CUP Finding No. 7, which states that “any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project.”
The Appellant asserts that CUP Finding No. 7 is evidence that the City relied upon the “common sense” exemption. CUP Finding No. 7 states, “[b]ased on environmental review, the proposed project has no potentially significant environmental impacts or (emphasis added) any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation incorporated in the project.” Staff did not actually rely on the “common sense” exemption. Instead, staff determined that two categorical exemptions apply (Class 14 and Class 31). When a project is categorically exempt, CEQA does not require analysis of potentially significant environmental impacts. Under CEQA, categorically exempt projects have been determined to not have a significant effect on the environment. Therefore, even if CUP Finding No. 7 was recited in the STOA, the portion that states “potentially significant environmental impacts have been reduced to less than significant levels because of mitigation incorporated in the project” is not applicable where, as here, the project is categorically exempt.
The letter claims that the Class 3 and Class 31 categorical exemptions are inappropriate for the proposed project. The Class 31 categorical exemption is cited because the proposed project is located within the San Vicente Boulevard Courtyard Apartments Historic District.
Staff has discovered, however, that the reference to a Class 3 exemption in the Draft STOA was an inadvertent typographical error. The analysis is actually for a Class 14 categorical exemption and thus, a revised Draft STOA has been prepared in Attachment
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B correcting that typographical error. In addition, the analysis to support the Class 14 categorical statement in the “Compliance with the California Environmental Quality Act” section of the staff report was also inadvertently omitted from CUP Finding No. 7 and thus, the revised Draft STOA also adds in the missing analysis that was already in that section of the staff report.
Compliance with California Environmental Quality Act (CEQA) The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15314 (Class 14) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 38,397. The proposed addition of 7,280 square feet, a 20.6% increase in size that is intended to accommodate existing student capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms.
Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required.
The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 4,793 sf subterranean multi-purpose room+ associated corridors and 938 sf lunch seating area and 250 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible
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from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the noncontributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action.
Prepared By: Beth Rolandson, Administrative Services Officer Approved Forwarded to Council
Attachments:
A. 20ENT-0275 Appeal Statement
B. Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED
C. PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) D. carlthorp time line 5.10.22
E. Table of appeal complaints
F. City Council Public Hearing Notice 5.10.22
G. Written Comments
H. ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 I. ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 J. Carlthorp School Planning Commission plan set 5.10.22 K. Veneklasen Noise Impact Assessment 05.27.2020
L. Public Correspondence February 22 - March 8 2022
M. comments post Feburary 2022
N. Carlthorp School play court 5.10.22
O. Carlthorp School FLOOR AREA 5.10.22
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P. Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 Q. 2022-02-21 angellaw comment ltr
R. ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application
S. ADD-TO_Appellant Supplemental Materials Part 2
T. ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022
U. ADD-TO_Appellant Supplemental Materials Part 4
V. ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9- 2022
W. ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9- 2022
X. Written Comments
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Szilak 20ENT-0275
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Packet Pg. 507 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente
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Packet Pg. 508 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
1 Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard
This appeal relates to how the subject application for discretionary entitlements, if built, would violate the Santa Monica Municipal Code (“SMMC”) zoning ordinance. I also provide, herein, specific current and ongoing violations of conditions that the Carlthorp School (the “Applicant”) must abide by based on its already existing discretionary entitlement permit. One such requirement of the Carlthorp School’s existing discretionary entitlement permit is that it may not obtain approval of any additional entitlements so long as it is violating any such conditions. Therefore, the Planning Commission should not have approved the Carlthorp School’s Application for additional entitlements because it is in violation of at least one of such conditions.1 (It is actually in violation of multiple Conditions.) And, the Planning Commission should not have approved Carlthorp School’s application because the proposal violates SMMC zoning ordinances.
This appeal also relates to many other issues and concerns, including how the proposed project presents an unreasonable imposition upon the Applicant’s neighbors, design issues, compatibility issues, environment issues, and much more.
The Parcel Coverage on the Second Floor Would Violate the SMMC; and the Staff Report and the Application Are Deficient
SMMC Section 9.08.030, Development Standards, would be violated if the Applicant were permitted to develop its proposed project. The subject property is in an R2 District where the Maximum Parcel Coverage on the Second Floor is limited to 90% of the allowable Ground Floor coverage. (SMMC Section 9.08.030.) The Maximum Parcel Coverage on the Ground Floor is 45% of the entire Parcel. (Id.) Therefore, the Maximum Parcel Coverage on the Second Floor is 40.5%.2
(45% * 90% = 40.5%)
However, the Applicant’s Parcel Coverage Calculations, “FOR PURPOSES OF CODE COMPLIANCE,” as depicted in Attachment D. Project Plans, at pages A121-B and A122-B, are grossly in error. (Staff Report, Attachment D. Project Plans, at A121-B and A122-B.)
Page A121-B refers to and calculates the “Main Level” Parcel Coverage. Page A122-B refers to and calculates the “Upper Level” Parcel Coverage. The Main Level is
1 The “Application” that I refer to is a reference to the Applicant’s request 19ENT-0250, (Conditional Use Permit), and 20ENT-0066 (Minor Modification). The Applicant is the Carlthorp School (and Ken Parr), located at 438 San Vicente Boulevard in Santa Monica, CA. 2 In part, the Applicant’s request is to increase their Parcel Coverage from 45% to 45.05%. Also, in some places in the documents there are references to 45.06% parcel coverage and other places 45.05%.
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Packet Pg. 509 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
2 essentially the Ground Floor, and the Upper Level is essentially the Upper Story or Second Floor, according to SMMC 9.08.030. The Applicant’s erred in its calculation because it utilized “THE CLASSROOMS ALONG THE REAR ALLEY[, which] ARE TREATED AS THE MAIN LEVEL FOR PURPOSES OF [the] CALCULATION OF PARCEL COVERAGE,” in conducting its “Main Level” Parcel Coverage calculation. (Attachment D. Project Plans, at A121-B.) However, those classrooms are on the Second Floor, not the First Floor, as the Applicant concedes. The Parking Garage beneath the Second Floor classrooms is the First Floor, as the Applicant also concedes.
The Staff Report and the application (Case Numbers 19ENT-0250 (CUP) and 20ENT0066 (Minor Modification)) are deficient because the Parcel Coverage calculation for the First Floor (or Main Level) is based on the wrong floor.
The Parcel Coverage calculation for the Second Floor is grossly in error because it completely excludes the row of classrooms above the parking garage, which is indeed a part of the Second Floor, as depicted in Pages A121-B and A122-B of the Staff Report, Attachment D. Project Plans. The Second Floor Parcel Coverage exceeds the Maximum Parcel Coverage of 40.5% for the Second Floor. And, regardless, the Staff Report and the application are deficient because the Parcel Coverage calculation for the Second Floor (or Upper Level) is grossly inaccurate.
The Parcel Coverage for both the First Story and the Second Story violates the Zoning Ordinance, even with the approval of the Applicant’s requested Minor Modification.
And, regardless as to whether the First Story and/or Second Story Parcel Coverage exceed the maximum allowed by the Zoning Ordinance (SMMC Section 9.08.030.), the Staff Report with attachments and with all other submissions materially misinformed the Planning Commission and the public thus causing the process to be tainted and invalid.
The Planning Commission and the City of Santa Monica must follow proper procedures, which were not followed here.
And, the Applicant’s Minor Modification request was for an increase from 45% parcel coverage to 45.06% parcel coverage.3
At the Planning Commission hearing, a partial
correction of the miscalculation relating to the First Story was presented by Staff to the Planning Commission, increasing the First Story Parcel Coverage calculation from
45.06% to 45.29%. Essentially, this modification of the Minor Modification request was conducted like an “audible” in a football game and the Planning Commission approved the Minor Modification for 45.29%. Such a procedure is not proper. The public and the Planning Commission were not given proper notice and there are other procedural flaws to increasing the Minor Modification at the last moment.
SMMC 9.08.030.F.3
3 Some places in the documents there are references to 45.06% parcel coverage and other places 45.05%.
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Packet Pg. 510 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
3 The proposed project appears to violate SMMC 9.08.030.F.3.
Zoning Code Violations in the South Wing Building
The Applicant proposes redesigning the south wing building so that it would have three stories, in violation of the Santa Monica Municipal Code (“SMMC”). The subject property is in an R2 zone, where no more than two stories are permitted. (See SMMC Section 9.08.030 (Development Standards).) The parking area level is the first story, contrary to the Applicant’s false and misleading assertion in its Discretionary Permit Application that the proposed rooftop playground would be “above a single-story (including basement) wing of the campus.” (See Minor Mod Project Description, at 2.) SMMC Section 9.52.020.2320 defines what a “Story” is, which does exclude an attic and a basement. (See, also, SMMC Section 9.04.060 (Determining the Number of Stories in a Building).) However, the parking area level is not a basement because more than three feet of the parking area level projects more than 3 feet above the Average Natural Grade. (SMMC Section 9.52.020.0230 (defining “Basement”). The second story, which the Applicant admits to, is immediately above the parking area level and primarily contains classrooms.
The Applicant proposes that it be permitted to add a third story above the other two stories described above. The area above the second story is at least a full seven feet high up to the top of the roof, as depicted in the Staff Report, Attachment D, Project Plans, Plan Numbers A200, A201, A300, and A301. While the definition of a Story does exclude an attic (see SMMC Section 9.52.020.2320), the space above the second story does not meet the definition of an attic and it is thus a third story. (See SMMC Section
9.52.020.0180 (limiting an attic to an “area less than 7 feet in height”).) The Planning Commission should not have permitted the Applicant to build a playground on top of the southern wing of its campus because the additional third story that the Applicant proposes building beneath the roof would exceed the limitation of two stories in an R2 zone. (See SMMC Section 9.08.030 (Development Standards).) It was unlawful for the Planning Commission to have approved the Applicant’s plans and proposal.
The Applicant addressed the above zoning code violations, relating to adding an illegal third floor, in a letter to Regina Szilak, dated 9/1/2020, from Kenneth Kutcher, but it is incorrect and neglects to address the facts and law that I present.
The Planning Commission should also have rejected the Applicant’s proposal because it would create a second and a third zoning violation. SMMC Section 9.08.030, which specifies certain Development Standards, increases the rear setback to 20 feet for rear setbacks for parcels bordering an R1 District zone in the rear of the parcel. (See SMMC Section 9.08.030.D.2.) The Applicant’s parcel borders an R1 District zone in the rear of its parcel. “Where a rear parcel line abuts an alley, the rear setback shall be measured from the center line of the alley.” (SMMC Section 9.04.130.B.) According to the
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Packet Pg. 511 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
4 Applicant’s plans the south wing building is approximately 16 feet from the centerline of the alley. (See Staff Report, Attachment D, Project Plans, Plan Number A101.) The Applicant cannot execute its proposal without violating SMMC Section 9.08.030.D.2., and therefore the Planning Commission should have rejected the Applicant’s proposal.
A third zoning violation would occur because the height of a structure within 25 feet of an R1 District zone is limited to 23 feet for a building with a flat roof. (See SMMC Section 9.08.030.D.1.) As stated in the previous paragraph, the Applicant’s parcel borders an R1 District zone in the rear of the parcel and at its closest point, the building is only approximately 16 feet from the centerline of the alley. Thus, the first 9 feet of the building from the southern perimeter of the building would be in violation of the zoning code because the Applicant proposes that it install a flat roof where the building height would become 30 feet, in violation of SMMC Section 9.08.030.D.1. The Planning Commission should have rejected the Applicant’s proposal.
Noise and Privacy
Additional Reasons for and Allegations relating to the Appeal regarding Noise and Privacy concerns shall be added to this document in the near future with supplementary submissions. Amongst the most egregious impositions upon the Applicant’s neighbors and the neighborhood relate to the excessive and unreasonable noise that the Applicant generates. The proposed project would substantially compound such imposition.
The Applicant Plans to Use the Proposed Subterranean Space for Teaching Classes, Thus Requiring Additional Parking That is Not Included in the Proposal The Planning Commission should have rejected the proposal also because the project would add classroom space and thus require additional parking, which is not a part of the proposal. The subterranean room for music and performance classes and for performance activities is functionally adding classroom space, for which the zoning code requires that the school add parking spaces. However, the Applicant misled the Planning Commission and the public with the specious claim that the proposed large multipurpose room would not be used for classroom purposes to avoid having to increase their already substantially deficient amount of parking. The Applicant admitted that its proposed “subterranean multi-purpose room” would be used for teaching classes and as classroom space when it said that the proposed expansion would be used for “performances and other K-6 educational activities, which include music and performing arts classes.” (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd, for a Minor Modification (not dated or signed), attached sheets Project Description (“Minor Mod Project Description”), at 2.)
The Applicant’s admission that it plans to use the subterranean multi-purpose room for teaching classes and as classroom space is their long-standing position. The Applicant made the same admission in their initial application. (See City of Santa Monica – City
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Packet Pg. 512 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
5 Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd., 19ENT0250 (CUP), and 19ENT-0251 (CDRP), signed by Tim Kusserow, attached sheets Project Description, at 2.) The Applicant again admitted that it plans to use the proposed subterranean multipurpose room for teaching classes and as classroom space in their first amendment. (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd., 20ENT-0066, signed by Tim Kusserow (3/3/2020), attached sheets Project Description, at 2.) The Applicant’s Cover-up and Rationalization of the Additional Classroom Space
On May 1, 2020, I discussed the Applicant’s proposals with Jing Yeo, the City’s Planning Manager and Zoning Administrator. I inquired why the Applicant had not planned on adding parking spaces to satisfy zoning requirements, considering that it was adding classroom space. Ms. Yeo told me that if the Applicant is adding classrooms, it must also add parking. I then pointed out that the Applicant had admitted that it plans to add classroom space using the subterranean multipurpose structure. Ms. Yeo told me a day or two later that she informed the Applicant as to what I had said. The Applicant immediately began rationalizing and trying to cover up its admission that it intends to use the subterranean structure for teaching music and performing arts. Within a few days, the Applicant produced a draft of what became a propaganda piece, the Carlthorp School Statement Regarding Existing and Planned Multipurpose Rooms (“Multipurpose Room Misleading Rationalization Statement”), which was obviously designed to cover up their obvious and admitted intention of using the proposed subterranean structure for teaching music and performing arts.
As described above, the Applicant claimed that it intended to use the multipurpose room as a classroom in several of its documents. The Applicant also has a long history of misleading and misrepresenting its intentions. (See the section, below, The Applicant’s Long History of Misleading the City and the Planning Commission.) And, the Applicant has a long history of violating conditions of its CUP. Further, the multipurpose room will amplify how the Applicant is already overtaxing the surrounding neighborhood with its off-site parking needs. As described, below, the Applicant told the Planning Department when it applied for its currently existing CUP that it would only be expanding from a staff of 22 people (15 full time and 7 part time) to only 32 people (24 full time and 8 part time), but instead it expanded to a staff of 80, after assuring the community and the Planning Department that it would not grow its staff to exceed 32 people. The Applicant now has disingenuously and deceptively claimed that it will not expand its existing enrollment of 280 or their staff of 80. The Applicant cannot be trusted when it claims that it will not use the multipurpose room for teaching classes. The Applicant misled the Planning Commission and the public and cannot be trusted and is not reliable and has disrespected the City and its Officers, the City’s zoning ordinance, and the Applicant’s neighbors.
.
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Packet Pg. 513 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
6 After many of the above facts and arguments were made prior to the Planning Commission hearing, which had been scheduled for May 20, 2020, the matter was taken off calendar due to many of the assertions and allegations presented herein and ultimately rescheduled for November 4, 2020. In preparation of the November 4, 2020 hearing, the Applicant submitted a revised propaganda piece Multipurpose Room Misleading Rationalization Statement, Attachment J, Multipurpose Room, as part of the Staff Report.
The Staff Report absurdly justifies that the multipurpose room will not be used as a classroom referring to the proposed STOA Condition 17, which is self-contradictory because it prohibits the multi-purpose room as a classroom while also saying that it will be used in the manner described in Attachment J. (See Staff Report, Attachment B, (Draft Statement of Official Action) and Attachment J (Applicant’s Description of Multipurpose Room for Carlthorp School (the “Multipurpose Room Misleading Rationalization Statement”)).) However, the Multipurpose Room Misleading Rationalization Statement describes several classroom activities, including orchestra practices, theatrical practices, and climbing for physical education classes. (See id., Attachment J.) Anytime that such room is used to teach students that room would be used as a classroom. The Applicant intends for the music teacher to teach music to students, for the theater teacher to teach theater to students, and for the physical education teacher to teach PE to students, all in the multipurpose room. Clearly the Applicant intends to use such room as a classroom. And, the Staff Report, Attachment J, thus provides permission for the Applicant to use the multipurpose room as a classroom, in violation of the zoning code. If the Applicant wants to build the multipurpose room, it must either add additional parking or obtain a variance.
And, during the Planning Commission hearing, one of the commissioners implicitly or actually admitted that the multipurpose room would be used for classroom activity, but such commissioner said that the Planning Commission would allow the building to be built despite that fact because it was doing so with a wink and a nod. The project was thus approved without requiring the necessary additional parking by the Applicant who has already expanded its staff far beyond the level it had committed to years prior, and thus it has heavily imposed itself upon and substantially taxed the local street parking capacity in the neighborhood.
The Applicant clearly intends to use the multipurpose room, at least in part, as a classroom. The Applicant should have been required to concomitantly increase its number of parking spaces. And, conditions should have been made to prohibit the Applicant from increasing the number of staff and students.
The multipurpose room is below ground but its adverse impact on the neighborhood will still be substantial. There is no way to monitor how the multipurpose room is being used and whether it is being used in compliance with the Applicant’s CUP. The Applicant must not be permitted to function as a “fox guarding the henhouse.” There must be a rigorous method devised to assure independent verification on a continuing basis, without causing a burden to the neighborhood or the City. And, an officer of the Applicant
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Packet Pg. 514 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
7 should be required from time to time to sign a log that is kept on a daily basis that details exactly how the multipurpose room is being used at all times. Such officer should be required to sign an affidavit under penalties of perjury that such log is accurate. And, the log and affidavits should be available to the public.
The Planning Division in its Staff Report disgracefully accepted the Applicant’s Multipurpose Room Misleading Rationalization Statement in Attachment J, relating to the proposed multipurpose room, instead of accepting the obvious and the Applicant’s earlier series of admitting that it has been planning to use the proposed subterranean structure for teaching music and performing arts classes. The Planning Commission should not have allowed the Applicant to build the subterranean structure because the Applicant in-so-doing would be increasing its classrooms, and thus it would be required to concomitantly increase the number of parking spaces, which is not a part of the Application. (See SMMC 9.28.060 (describing Off-Street Parking requirements).) The school already has been operating by, amongst other things, making substantial noise and imposing substantial stress upon the local neighborhood’s already overtaxed parking and traffic capacity. The school already does not have adequate parking (approximately 34 spaces) for its staff of 80 people, and has activities, inviting large numbers of visitors, whereby both staff and visitors every week day and occasionally for weekend events and at night park on the street as far as blocks away. On a daily basis, the school causes trains of vehicles idling and double-parked for an extended period of time that extend more than a block away, causing traffic interference and hazards to both pedestrians and vehicles. Such condition would be substantially aggravated by the school’s aggressive expansion proposals. The Applicant should absolutely not have inter-scholastic events.
The Applicant’s Long History of Misleading the City and the Planning Commission
The Applicant cannot be trusted and its statements are disingenuous and the Applicant has a long history of misleading the City and Planning Commission and its neighbors.
For example, the Applicant told the City when it applied for its current Conditional Use Permit (“CUP”) and variance, that their total staff would be expanded from 22 people (15 full time and 7 part time) to only 32 people (24 full time and 8 part time), which was a comparable percentage increase to their planned enrollment expansion of slightly less than 50% at that time. (See Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1.) The Applicant in 1996 received a variance to allow for their parking configuration, which would have been sufficient to support their “planned” staff of 32 people. However, the Applicant’s staff swelled to 80 people after receiving their CUP and variance in 1996.
Prior to that, the Applicant misled its neighbors when it told its neighbors that “[t]he enrollment of Carlthorp School will not increase [and] there will be positively no increase in the future.” (Letter (attached herein) of Dorothy Menzies, of the Carlthorp School
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Packet Pg. 515 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
8 (dated 9/25/1986) (eliciting cooperation from its neighbors for an expansion project in the 1980s).) Such statement was obviously disingenuous. The Applicant’s student body was then less than half of its current level.
The Applicant now says that their proposed project would not expand their existing enrollment of 280 or their staff of 80. The Applicant cannot be trusted. As presented, nothing in their proposal would prevent them from increasing their enrollment or their staff after the City grants them additional entitlements, yet the school’s proposals would expand their functionality and concomitantly making it more likely that they would need more staff and be more capable of increasing their enrollment. That must not occur.
Generally, people are often inclined to be sympathetic to the causes of schools. Schools are charged, in part, to instill good values and character into the young. However, the Applicant bullies and harms its neighbors and misleads the City and the public. The Applicant is not worthy of any sympathy as an instiller of values and character and integrity.
The Applicant should have to negotiate directly with its neighbors if it wants to expand, rather than be permitted to dictate aggressive expansion plans upon its neighbors.
Contrary to the Staff Report and statements made by the Applicant, the Applicant made minimal effort in reaching out to and consulting with its neighbors regarding this extremely large and invasive expansion proposal.
The Application Should Have Been Rejected in its Totality Due to Procedural Flaws The Planning Commission should have rejected the application out of hand because the Minor Modification to Allow an Additional .06% Ground Floor Parcel Coverage was not signed or dated, which also made it confusing to the public in part because such document was the Applicant’s second amendment to its initial application.
The Planning Commission should have also rejected the application because I requested numerous documents and information, which I was denied or delayed in receiving. Some of the documents that I requested I never received. One particular concern that I expressed to Staff a number of times over a period of many months prior to the Planning Commission hearing, was that the parcel coverage calculations, for which the Applicant requested a Minor Modification, had not been verified. More than six months ago, I requested to receive certain information which, in part, probably would have been sufficient for me to conduct my own calculations to verify whether the parcel coverage conclusions in the application and in the Staff Report were actually correct. The Planning Division several times made commitments to me to provide such information.
However, the Planning Division, only a day or two prior to the Planning Commission hearing agreed to provide me with such requests, leaving me insufficient time to process such information and incorporate it into my comments and analysis. The Planning Commission should not have confirmed the application until I would have had the
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Packet Pg. 516 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
9 opportunity to receive such relevant information and had ample time to conduct such relevant calculations. This is only one of many examples as to how the process was clearly tainted – heavily favoring the Applicant and heavily disfavoring the public.
Additional Potential Zoning Code Noncompliance Issues
Arguably, the subterranean large “multipurpose” room is a Community Assembly room, falling under SMMC 9.31.100, and would therefore require one parking space for every four seats. (See SMMC 9.28.060 (relating to Off-Street Parking).) Amongst other things, the Applicant is proposing to alter its courtyard. It must comply with SMMC Section 9.08.030.F.4., which requires that its courtyard “shall be visible and accessible from the sidewalk” and for the depth of Applicant’s courtyard, it must have an opening not less than 18 feet. The Applicant’s proposal does not consider this Development Standard and therefore the Planning Commission should reject the Applicant’s proposal. The Applicant’s proposal violates this code section.
Also, more than one-half of the perimeter of the Applicant’s courtyard must border a building. The Applicant’s proposal reduces this percentage. It is unclear from the drawings whether such ratio is sufficient. I allege that the proposed project violates this requirement.
SMMC Section 9.08.030.F.5 is also violated.
Other Issues
Additional Reasons for and Allegations relating to the Appeal regarding other issues, such as the proposed project would block sunlight from entering into the windows of the Applicant’s neighbors, shall be added to this document in the near future with supplementary submissions.
Violations and Issues Related to the 1996 STOA
Conditions
Plans
Condition # 1. This condition requires that a copy of the plans dated, July 27, 1995, “shall be maintained in the files of the City Planning Division. During my research and investigation, I asked the City Planning Division for a copy of these plans and to see these plans. I was denied that opportunity. The City Planning Division told me that they do not have a copy of those plans. I was told that Building and Safety might have a copy of such plans but that due to the City’s closure since March of this year, I would not be permitted to see such plans. This condition has been violated and I was denied the
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Packet Pg. 517 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
10 opportunity to sufficiently conduct my research and investigation. Only after numerous requests and many hours spent making such requests did the City Planning Division make such plans available to me, but not until a day or two before the Planning Commission hearing on November 4, 2020, and I thus did not have the opportunity and time to review such plans and incorporate them into my comments and analysis, nor was Staff afforded the opportunity to incorporate any comments that I might have generated into their Staff Report. The public was thus denied access to such Plans and Condition #1 was violated. The Planning Commission should not have approved the applications until I, and the remaining public, had been given sufficient access to those plans and ample opportunity to review them and integrate such review into my research and investigation.
Architectural Review Board
Condition # 11. I believe that the Applicant is in violation of the 1996 SMMC Section 9.04.10.02.130. The Applicant has a storage area that appears to not be in compliance with this code section.
Miscellaneous Conditions
(The following references and quotes are to Attachment G, the Annotated 1996 STOA (the “Annotated 1996 STOA.”)
Condtion # 25. The Applicant has consistently been a horrible neighbor and has continuously acted detrimentally to its neighbors. The Applicant has been operating in violation of this and other Conditions continuously for many years. I have complained dozens of times directly to the Applicant itself and to the SMPD, who told me on those multiple occasions that it would visit the Applicant, and I told such fact to the Planning Division multiple times. Claims made by the Applicant that it has been a good neighbor and that its proposal is compatible with the neighborhood and that it is in compliance with the 1996 STOA and the Zoning Code are duplicitous and misleading. The Staff Report ignores contrary facts and describes a glossed over and falsely positive depiction of the Applicant’s responsiveness and treatment of its neighbors.
The Applicant is currently and has been violating this condition in numerous ways for many years. The Applicant’s high-powered lights shine onto neighboring properties.
The Applicant has been making loud noises, using its sound amplification system excessively and at high volumes. Some of its children shriek very loudly at random times that far exceed normal school playground noise, and which was very unlikely to have been picked up by the dubious noise study. Applicant’s staff leads organized cheering, and they hold organized activities, which generate elevated levels of noise and which was unlikely to have been registered by any controlled noise study that may have been conducted. On a daily basis, the Applicant organizes several dozen motor vehicles to block traffic by double-parking on San Vicente Boulevard, lining backward and wrapping
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Packet Pg. 518 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
11 around 4th Street, and then wrapping again around Georgina Avenue with a long line of double-parked cars extending for many hundreds of yards through a residential neighborhood. In so doing, Applicant causes substantial hazards and dangers to local pedestrians (including children and babies in carriages), vehicles (both moving and parked), and animals. On a daily basis, the Applicant imposes its excessive and weighty staff upon the neighborhood’s limited parking resources because it deceived the Planning Commission 25 years ago when it applied for the permits that it currently operates under by claiming that it would only grow to a staff of 32 instead of its current staff level of 80. (See attached Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K.
Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1; and see supra, at 8.) Yet, the Applicant was able to obtain substantial relaxation of parking requirements by misleading the PC1996, by telling it that the Applicant would only grow to a staff level of 32 people, and thus it has substantially insufficient parking to meet the needs of its staff of 80 people. (See id.)
Also, on a daily basis, the Applicant’s staff and students and their parents trespass on Applicant’s neighbor’s property. Code Enforcement has now been informed of some of these violations of this condition, but it is busy now dealing with the current state of emergency.
The Applicant planted trees that have grown tall and thick along the western perimeter of its property, which shed substantial amounts of bark, leaves, twigs, flowering and other reproductive pods, and small branches into the swimming pool where I swim on a weekly and daily basis, year-round, thus causing an invasive nuisance. The pool is often covered with disgusting and decaying organic materials that fall from Applicant’s trees, creating an unsanitary condition in the swimming pool, sometimes rotting for several days. Much of this organic material sinks to the bottom long before the pool maintenance service cleans it up. This is a health hazard and creates substantial discomfort to the Applicant’s neighbors.
Validity of Permits
Condition # 31. Applicant need not receive an “order to comply” or “notices of violation” for this condition to prevent the Planning Commission from granting further entitlements. This condition says that if the Applicant “fails to comply with any conditions of the [1996 STOA], no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.” As this document describes, the Applicant is in violation of numerous Conditions of the 1996 STOA. I presented such documentation and proof to the Planning Commission that the Applicant was not in compliance of the 1996 STOA and CUP. Therefore, the Planning Commission should not have approved the Applicant’s application.
Special Conditions
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Packet Pg. 519 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
12 Condition # 36. The Planning Division assured me that the Applicant has not received approval of any modifications nor has the Applicant applied for any modifications to their 1996 entitlements by or to any division or department, including the Architecture Review Board. However, the Applicant has hedges along the front and western side of its parcel that also function as a wall, and that violate height limitations. (See SMMC 9.21.050; see also attached photos.) The Applicant also has trees that were planted so close together and have grown so thick along its western perimeter that they function as a hedge and as a de facto wall, and that violate height limitations. (See id.) These trees also block light from entering the windows of neighboring buildings, and thus harming Applicant’s neighbors.
Condition # 39. Please see my statements related to Condition # 25, (under the heading, Miscellaneous Conditions), describing how the Planning Division is not functioning impartially regarding the Staff Report and this application and has been made aware that the student pick-up and drop-off system that the Applicant uses on a daily basis causes dangerous hazards to life and property by organizing several dozen motor vehicles to block traffic by double-parking on San Vicente Boulevard, lining backward and wrapping around 4th Street, and then wrapping again around Georgina Avenue with a long line of double-parked cars extending for hundreds of yards through a residential neighborhood.
Condition # 49. As discussed above, this Condition, which required that the Applicant install extra thick windows in the adjacent building to the west, demonstrates how the building to the west of the Applicant’s parcel would be impacted with noise at a very high level and that this Condition was designed to mitigate such impact. However, this Condition only mitigates on cold and cool days when it is tolerable to keep the windows closed during the day. This Condition does nothing to mitigate on warm and hot days, which is approximately half of the time during the normal school year and virtually all of the days during the summer session and when the Applicant holds events during the summer and on hot days. Despite the planning staff and the Applicant having been notified as to this crucial problem well in advance, the Staff Report and the conditions of approval do not address this crucial quality of life issue for the Applicant’s neighbors relating to the warmer months. The noise conditions generated by the Applicant are already unreasonable and intolerable during the warmer months and with this proposal, the City would allow the Applicant to compound the already excessive noise that it generates. The Applicant is not a small pre-school, nor is it a school buffered by streets between neighbors. The Applicant directly borders residential neighbors on both sides and only a narrow alley separates it from its residential neighbors in its rear.
Condition # 56: The issues presented in the 1996 STOA should be revisited, or the Applicant fails to satisfy this condition. The level of noise that the Applicant produces, almost continuously throughout the day, is excessive. If this condition is effective then the Applicant is not satisfying this condition. If this condition is not effective then it would be best if the Applicant should be required to concentrate recess and plan times
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Packet Pg. 520 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
13 and at regular times so that neighbors would only be adversely affected by noise at limited times during the day, particularly during the warmer months.
The Applicant should concentrate loud outdoor activities to one or two hours per day at regular times, and then make the school grounds quiet the rest of the day. That way the whole day wouldn’t be disrupted and neighbors could then organize our time much more productively. Such change in these conditions, particularly during the warm and hot months when it is necessary to keep the windows open, would probably solve many problems.
Such condition would reduce the number of hours that neighbors are adversely affected, while only increasing the relative noise slightly during the concentrated noise periods.
During those limited hours neighbors could close their windows or find alternative adjustments, rather than having noise forced upon them throughout almost the entire day.
This concern is particularly at issue as society adjusts towards a work-from-home system.
Having such an intense noise generator nestled amongst numerous residences is completely incompatible. The Applicant should not be permitted to increase its noise generating capacity, which this proposal does. Instead, the Applicant should be required to reduce its noise generating capacity.
Condition #57. The Applicant fails to satisfy this condition.
Condition # 59. In Attachment G, the Annotated 1996 STOA, the Applicant admits that it defied this Condition and disrespected the Planning Commission and the City by unilaterally tearing out its grass – that it is required to have and maintain – and replacing it with artificial turf that, instead of emitting fresh oxygen as grass does, emits harmful noxious fumes that adversely affect the health of its neighbors and caused my dear sweet mother to suffer and contributed to her demise. The Applicant apparently misled the Planning Commission and the public again, here, by rationalizing and not disclosing the real reason the Applicant replaced the required grass with artificial turf: so that the Applicant could produce noisy outdoor activity all day long instead of only on a limited basis. The Applicant has admitted that it is – and has been for many years – in violation of this condition of the 1996 STOA; Condition #31 prohibits the Applicant from receiving any additional entitlements “until such violation has been fully remedied,” which it has not (with respect to this Condition #59 and other Conditions); and therefore, the Planning Commission should not have approved the Applicant’s proposals.
Condition # 61. The Applicant is, and has obviously been openly defying its CUP for a number of years on a continuing basis, not in compliance with this Condition. This Condition requires that the front yard fence and landscaping shall be “installed and maintained so as not to obstruct a clear view through the fence.” It is plainly obvious to anyone passing by the Applicant’s parcel in the front on San Vicente Boulevard that the view through the fence is completely obstructed. Photos taken six months ago depict that obstructed view. (Please see photos attached to my 5/20/2020 comment letter that were
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Packet Pg. 521 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020
14 taken on 5/19/2020.) The view today is still obstructed. I have photos taken on the day of the November 4, 2020 Planning Commission hearing, which prove that the view is completely obstructed. The Applicant is also in open defiance of SMMC Section
9.08.030.F.4., which requires that Applicant’s courtyard “shall be visible and accessible from the sidewalk.” Pursuant to the 1996 STOA, Condition #31, the Planning Commission should not have approved the Applicant’s application because the Applicant was not in compliance with its existing CUP.
Condition # 62. Applicant is not in compliance with this Condition, which requires that it “provide periodic reports regarding compliance with [the 1996 STOA] conditions.” The Planning Division told me that it provided me with the entire file relating to Applicant’s 1995 – 1996 application for entitlements and all documents related to the Applicant’s current application. While the Planning Division has not provided me with all of the documents that I have asked for, it is clear that I have not received copies of any such period reports. Pursuant to the 1996 STOA, Condition #31, the Planning Commission should not have approved the Applicant’s application because Applicant has failed to provide such periodic reports.
Additional Issues
The process of this application as it was being prepared and when it reached the Planning Commission was not fair to the Applicant’s neighbors and anyone else that may wish to oppose the application. I have requested documents and information from the Planning Division related to this application, which was withheld from me. Some such documents and information that I requested over the course of the past nine months I never received.
Other information and documents I received very late and I was not given sufficient time to process before the Planning Commission hearing. For many of my document and information requests, I had to make multiple requests and waste a lot of time, only receiving some of the information and documents that I requested. As the Planning Division ignored many of my requests for information and documents, it raced to prematurely push this matter to go before the Planning Commission. The process was patently unfair. The Planning Commission also should not have approved the Applicant’s application until I had received all of the documents and information that I had requested and had ample time to review such information and documents.
The Applicant has disrespected and flouted the Planning Commission and the laws of the City by changing the use of a neighboring spacious three-bedroom residential apartment and using it as administrative offices, in violation of the zoning ordinances. Perhaps they concomitantly converted administrative offices on their campus to classrooms without honoring the requirement to gain approval and add parking.
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Packet Pg. 522 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente City of Santa Monica
City Planning Division
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT INFORMATION
CASE NUMBER: 19ENT-0250 (Conditional Use Permit) and
20ENT-0066 (Minor Modification);
20ENT-0275 (Appeal)
LOCATION:
438 San Vicente Boulevard
APPLICANT: Carlthorp School/ Ken Parr
APPELLANT: Steven Salsberg
PROPERTY OWNER: Carlthorp School
CASE PLANNER: Gina Szilak, Associate Planner
REQUEST: Amendment to Conditional Use Permit 95-012 to allow 7,898 square foot expansion to Carlthorp Elementary School and rooftop playcourt with a Minor Modification for a .29% increase in parcel coverage (45.29)
CEQA STATUS: The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15314303 (Class 143) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 38,397 square feet with a proposed addition of 7,898 square feet, a 20.6% increasein size that is intended to accommodate existing student capacity.
The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required.
The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non- contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by
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Packet Pg. 523 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 4,793 sf subterranean multi- purpose room and 938843 sf lunch seating area and 250840 sf of
administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not
potentially impact the character-defining features of the District.
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Packet Pg. 524 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 2 CITY COMMISSION COUNCIL ACTION
February May 1022, 2022 Determination Date
Approved based on the following findings and subject to the X conditions below.
Denied.
Other:
EFFECTIVE DATES OF ACTIONS February May 1022, 2022
EXPIRATION DATE OF ANY PERMITS
GRANTED:
February May 1022, 2029
(5 years + 2 years pursuant to Interim
Ordinance 2688 adopted on January
24, 2022)
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION
DATES*:
6 months
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Packet Pg. 525 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 3 * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is conditionally allowed within the applicable Zoning District and complies with all other applicable provisions of this Ordinance and all other titles of the Municipal Code. The existing school was established through an approved Conditional Use Permit and was previously expanded in 1995 when it acquired the adjoining lot after the 1994 Northridge Earthquake. The proposed expansion of an existing school is a permitted use in the R2 district with the approval of an approved Conditional Use Permit.
2. The proposed use is consistent with the General Plan and any applicable specific plan. Specifically, the project is conditionally permitted with an approved via a Conditional Use Permit application and is consistent with the goals, objectives, and policies of the General Plan in the following areas. The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including:
Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a noncontributor to the San Vicente Courtyard Apartment Historic District.
3. The subject parcel is physically suitable for the type of land use being proposed.
The existing Carlthorp School is located on a 46,362 SF parcel and will comply with the R2 development standards for the proposed expansion with the exception of the parcel coverage. The maximum parcel coverage in the R2 zoning district is 45% while the proposed expansion constitutes a 45.29% overall parcel coverage, an overage of .29% or 134 SF for the less than 1% parcel coverage overage requested with a Minor Modification. This small increase over the allowable parcel coverage would permit a roofed lunch area but requires a Minor Modification application. The school has been in operation for 79 years
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Packet Pg. 526 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 4 since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The school enrolls approximately 280 students and the proposed expansion would not increase the enrollment level. The expansion would facilitate and enhance the existing academic services and student experience. No new classrooms are included in the proposal.
4. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain. The school has been operating on the site for since 1941; the previous expanded operations conditions of approval (Development Review 95-003, Conditional Use Permit 95-012, Variance 95-002 and an approved Environmental Impact Report) are consistent with the existing on-site use. The proposed conditions of approval will serve to further mitigate potential impacts such as noise, parking, construction impacts, and a comprehensive drop-off and pick up plan for the benefit of the students, faculty and on-site administrators.
5. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation. Since Carlthorp elementary school has been located on this site since 1941 and the school previously expanded with the approval of Development Review 95-003, Conditional Use Permit 95- 012, Variance 95-022 and an approved Environmental Impact Report, the proposed expansion via a Conditional Use Permit includes a number of specific project conditions to address potential parking impacts, noise, construction impacts and the viability of the school’s current and future drop off plans. These project specific conditions #1-20 can be found in the Statement of Official Action.
6. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. The project is located in the San Vicente Boulevard Courtyard Apartment Historic District. The proposed addition and elevators are most visible to the interior courtyard, and not from San Vicente Boulevard. The upper level play court walls are visible from the street but are located in the rear, furthest from the street. The potential impacts altering visibility, building volume envelope or site design have been mitigated as the proposed project is for additions facing the interior courtyard that are compliant with the R2 development standards with the exception of a slight parcel coverage modification. Additionally, as a non-contributing structure in the district, the Landmarks Commission shall review and provide issuance of a Certificate of Appropriateness to ensure the new school expansion do not impact the integrity of the district nor character defining features of the contributing district structures.
The potential impacts associated with ambient and the noise levels regulated via the Municipal Code Noise Ordinance have been analyzed and mitigated. A noise analysis report dated May 27, 2020 verifies the noise levels will be at or below these standards. Staff has added conditions #8-12 to ensure the potential noise impacts are minimized. The parking, loading circulation and bike parking plans
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Packet Pg. 527 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 5 shall be reviewed by the Mobility Division and condition #5 mitigates and regulates these operational and on-site requirements.
7. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15314 (Class 14) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 38,397. The proposed addition of 7,898 square feet, a 20.6% increase in size that is intended to accommodate existing student capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 4,793 sf subterranean multi-purpose room and 843 sf lunch seating area and 840 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard.
Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard only due to required safety fencing.
The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District.
8. The proposed use and related project features would not be detrimental to the public interest, health, safety, convenience, or general welfare. The conditions added per the Conditional Use Permit 19ENT-0250 will provide mitigation to ensure the existing school’s proposed expansion is compatible with the surrounding neighbors and will not impact the public interest or the general welfare and minimize the effect of the use on adjacent neighbors.
MINOR MODIFICATION FINDINGS
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Packet Pg. 528 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 6 1. The approval of the minor modification is justified by site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees in that the site has unique conditions which justify granting the minor modification. The school has been in operation for 79 years since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The modification allows for the addition of two elevators along the exterior of the existing building as well as enclosure of a roofed lunch area. The addition of the elevators within theexisting
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Packet Pg. 529 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 7 architecture poses unnecessary hardships and would require major structural and architectural revisions.
2. The requested modification is consistent with the General Plan and any applicable area or specific plans. The requested modification is consistent with the provisions, purpose and goals of the General Plan in that Santa Monica Schools and educational facilities are among the City’s most important assets. Facilitating bike access, parking and loading operations plan, transportation demand management are included in the Land Use and Circulation Element (LUCE) goals and policies: The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including: Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a non-contributor to the San Vicente Courtyard Apartment Historic District.
3. The project as modified meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations. Granting the proposed minor modification will not adversely affect orderly development in this district in that the request for 45.29% parcel coverage primarily facilitates pedestrian circulation, including new elevators. The two added elevators required for disabled access total 276 SF and the parcel coverage overage is 134SF.
4. The parcels sharing common parcel lines with the subject parcel will not be adversely affected as a result of approval or conditional approval of the minor modification, including but not limited to, impacts on the privacy, sunlight, or air.
The adjacent parcels will not be adversely impacted by the parcel coverage overage of .29% or 134 square feet in that the additional square footage includes two elevators of 276 square feet and enclosure of an 843 square foot lunch area.
The proposal will not impact the adjacent properties with regard to privacy, sunlight and air since all these areas are located within the buildable footprint of the parcel, are not adjacent to the property lines or encroach into required setbacks.
5. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working at the site. Granting the minor modification will not be detrimental to the health, safety, or general welfare of a person residing or working on the site. The requested 0.29% additional parcel coverage will facilitate pedestrian circulation and disabled access via new elevators, enclosure of an existing roofed outdoor eating area to provide shade.
CONDITIONS OF APPROVAL
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Packet Pg. 530 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 8 Project Specific Conditions
1. If there are any conflicts between the conditions set forth in this Statement of Official Action and Conditions set forth in the Statement of Official Action for Conditional Use Permit 95-012, the conditions set forth in this Statement of Official Action shall control.
2. The requested Conditional Use Permit Amendment is granted for:
a. An upper level play court addition above existing parking and offices located at the rear, adjacent to Georgina Place North Alley; and
b. An addition to the existing first floor, second, and basement level of the school totaling approximately 7,898 sf.
3. The requested Minor Modification for 0.29% additional parcel coverage is granted for a total ground floor parcel coverage of 45.29%.
4. The approved use is for a private school with an enrollment of 280 children. Only activities directly associated with the private school shall be allowed at the site, which includes events such as student class performances and parent meetings.
Any schoolwide event that draws more than 50 adult attendees (excluding School administrators or faculty and immediate neighbors) to the School campus shall be considered a “Special School Event.” Sports league games and morning flag line (morning announcements typically held on the outdoor play field) shall not constitute Special School Events. The School shall host no more than 18 Special School Events per academic year. No more than 6 of these events may be held after school hours without the Planning Director’s approval. Written requests for after school hours special events must be submitted a minimum of 45 days prior to the proposed event, and such requests shall be reviewed in accordance with the required findings and reasonable conditions in SMMC Sections 9.44.030 and
9.44.040. In addition, at least one week prior to the event, the applicant shall provide public notice of the event for informational purposes to all residents within a 300-foot radius of the property.
5. Parking and Loading Operations Plan (PLOP) shall be reviewed and approved by the Mobility Division prior to the issuance of a building permit. The plan shall be reviewed for compatibility with the protected bikeway vision along San Vicente Boulevard and shall include a site plan and circulation features, such as the locations where pick-up/drop-off occurs, and show path of travel between passenger loading locations to the building entrance. The PLOP shall also address parking procedures for Special School Events, including parking-related information to be included on invitations. The PLOP may be amended from time to time as appropriate with the approval of the Planning Director.
6. Valet parking shall be provided for any Special School Event expected to draw more than 150 vehicles, or other Special School Events as required by the Planning Director. The applicant shall provide a detailed bike and automobile valet
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Packet Pg. 531 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 9 plan to the City Mobility Division for review and approval at least 72 hours prior to such a Special School Event. This plan shall include a narrative detailing drop-off, circulation, event hours, estimated number of persons attending, and off-site vehicle staging and the plans must mitigate impacts to the adjacent public right-ofway. These special events shall be allowed to use the existing parking for events (32 spaces from the Georgina Place North alley) and any valet parking operations shall be restricted so that only one side of any street may be used for parking vehicles. Any invitations sent out for Special School Events shall include a description of the limited availability of parking near the School, and shall encourage walking, biking, ridesharing and use of public transportation.
7. Prior to issuance of a building permit for the first phase of the project, the construction plans shall include 32 bike parking spaces comprised of 11 long-term and 21 short-term stalls, on-site shower facilities, and a location for an electrical vehicle recharge station. The facilities shall be designed with the City standards and approved by the Mobility Division.
8. There are currently three “zones” of fixed outdoor speakers including (1) the play court in the inner courtyard, (2) the artificial turf field, and (3) the outdoor lunch area. As a result of the Project, the lunch area will be enclosed. Therefore, speakers in that area shall be removed.
9. The Applicant’s outdoor speakers shall be used primarily for emergency purposes.
The only daily use of the speaker system shall occur during the School’s brief morning assembly at the beginning of the school day. The only speakers that may be utilized during morning assembly are those installed at the ground floor play court that face inward towards the court zone.
10. Speakers shall not be utilized during afternoon student pickup. Walkie talkies or other technologies that do not contribute significantly to neighborhood noise may be used.
11. The applicant shall conduct an acoustical analysis of the upper level playcourt after the structure is constructed and fully operational and in active use. This analysis should be completed and submitted to the City Planning Division within 30 days from the start of the first school session after Certificate of Occupancy for the playcourt construction. The test results shall be analyzed and compared with the noise assumptions made in the report dated May 27, 2020. If the test results exceed the conclusions of the May 27, 2020 report, the applicant shall have 60 days to propose additional mitigation recommended by the preparer of the acoustical analysis. The applicant shall then have 60 additional days to implement such mitigation.
12. An on-site contact person shall be designated to serve as a neighborhood liaison to address any neighborhood concerns related to the school. Notification of the staff liaison and applicable contact information, including telephone and email
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Packet Pg. 532 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 10 address, shall be provided to all residents within a 300-foot radius of the subject site prior to the commencement of the school session after Certificate of Occupancy for the playcourt construction, and at least once per year thereafter.
13. To address the potential for ball play equipment or other objects that may fall outside the walled containment area of the playcourt into the alley or adjacent yard areas, a lightweight netting material with 50% minimum transparency shall be installed around the outdoor playcourt in compliance with allowable projections per Section 9.21.060.
14. Pursuant to SMMC Section 8.98.040 a Construction Management Plan to coordinate, communicate, and manage the temporary effects of construction activity on surrounding residents, and commuters shall be submitted and approved by City Staff prior to issuance of building permit.
15. The large playfield to the west on the expanded school campus shall be landscaped with grass or artificial turf rather than hard surface material, to absorb sound. The artificial turf shall consist of acrylic-coated sand or other similar nontoxic material. Crumb rubber fill shall be prohibited unless the material is determined to be safe and effective by the manufacturer and the administrators of Carlthorp School.
16. The applicant is required to implement the Transportation Demand Management Plan as described in Attachment H of the Planning Commission staff report, as may be amended from time to time with review and approval by the City’s Mobility Division.
17. The subterranean multi-purpose room shall be used in the manner described in Attachment J of the staff report and shall not be used as a classroom.
18. The applicant proposes to accomplish construction phased over a five-year period.
Thus, approval of CUP 19ENT-025 is granted a five-year term. In addition, pursuant to the Interim Ordinance 2688, permits approved between January 25, 2022 and the expiration of the Interim Ordinance are extended for an additional two years.
The west and east facing walls of the playcourt shall be solid/ non-transparent.
The applicant shall consider murals, artwork or architectural details on walls enclosing the playcourt, especially on the south facing wall. Any lighting installed for the rooftop playcourt shall be shielded light fixtures so as not to produce obtrusive glare onto adjacent properties. Such lighting shall be turned off when not in use.
19. The exterior stairwell along the west elevation shall be screened with a green wall/landscaping as allowed by applicable Building and Fire Codes.
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Packet Pg. 533 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 11 Administrative
20. The Planning Commission’s approval, conditions of approval, or denial of Conditional Use Permit 19ENT-0250, or Minor Modification 20ENT-0066 may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Section 9.40.070. An appeal of the approval, conditions of approval, or denial of a subdivision map must be filed with the City Clerk within ten consecutive days following the date of Planning Commission determination in the manner provided in Section 9.54.070(G). Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within five years from the permit’s effective date allowing phased construction. Exercise of rights shall mean issuance of a building permit to commence construction.
21. Pursuant to SMMC Section 9.37.110(D), if the Building Official determines that another building permit has been issued less than fifteen months prior to the date on which the building permit for this project has received all plan check approvals and none of the relevant exceptions specified in Sections 9.37.110(C) and (E) apply, the Building Official shall place the project on a waiting list in order of the date and time of day that the permit application received all plan check approvals, and the term of this approval and other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section
8.08.060. One 1-year extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development process relevant to the project have changed since project approval. Extension requests to a subdivision map must be approved by the Planning Commission.
22. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits.
23. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or Certificates of Occupancy shall be issued until such violation has been fully remedied.
24. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of
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Packet Pg. 534 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 12 approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
25. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Review Permit.
26. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
Indemnity
27. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of this Variance concerning the Applicant's proposed project, or any Claims brought against the City due to the acts or omissions in any connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur:
(1) The City bears its own attorney's fees and costs.
(2) The City defends the action in good faith.
Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.
In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's
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Packet Pg. 535 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 13 performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder.
The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder.
Conformance with Approved Plans
28. This approval is for those plans dated January 25, 2022 and additional exhibits, a copy of which shall be maintained in the files of the City Planning Division.
Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
29. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning.
30. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.
Fees
31. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule.
Cultural Resources
32. The City shall not approve the demolition of any building or structure unless the applicant has complied with all of the requirements of SMMC Chapter 9.25, including no demolition of buildings or structures built 40 years of age or older shall be permitted until the end of a 75-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approveduntil
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Packet Pg. 536 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 14 a final determination is made on the application by the Landmarks Commission, or City Council on appeal.
33. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense.
A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.
Final Design
34. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Landmarks Commission (San Vicente Boulevard Courtyard Apartment Historic District).
35. Landscaping plans shall comply with Subchapter 9.26.040 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
36. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.21.100, 9.21.130 and 9.21.140. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.
37. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters.
38. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.
Construction Management Plan Requirements
39. During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, including but not limited to the following:
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Packet Pg. 537 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 15 • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day. • All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust.
• All material transported on and off-site shall be securely covered to prevent excessive amounts of dust.
• Soils stockpiles shall be covered.
• Onsite vehicle speeds shall be limited to 15 mph.
• Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.
• An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation.
• Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).
• All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust.
40. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors.
Standard Conditions
41. Lofts or mezzanines shall not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained.
42. For security purposes, the overheight front yard fence and landscaping as approved in 1996 may be re-established following construction but is no longer required to provide a clear view through the front fence.
43. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.
44. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or
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Packet Pg. 538 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 16 contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.
45. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.
PUBLIC LANDSCAPE
46. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division.
47. Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed.
48. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist.
OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT
49. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison.
If Developer elects to enroll in the program, enrollment shall occur prior to submittal of plans for Architectural Review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit.
50. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code.
PUBLIC WORKS DEPARTMENT (PWD)
General Conditions
51. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit:
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Packet Pg. 539 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 17 a. Water Services
b. Wastewater Capital Facility
c. Water Demand Mitigation
d. Fire Service Connection
e. Tieback Encroachment
f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two.
Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project.
In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan.
52. Any construction related work or use of the public right-of-way will be required to obtain the approval of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.
53. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit.
54. During construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around any portions of the construction site exposed to the public rights-of-way. The lot shall be kept clear of all trash, weeds, etc.
55. Until completion of construction, a sign shall be posted on the property in a manner consistent with the public hearing sign requirements, which shall identify the address and phone number of the owner, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.
56. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials
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Packet Pg. 540 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 18 survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.
Water Resources
57. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works.
58. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site.
59. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111.
60. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City’s sewer system can accommodate the entire development. If the study does not show to the satisfaction of the City that the City’s sewer system can accommodate the entire development, prior to issuance of the first building permit, the Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.
61. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City’s water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.
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Packet Pg. 541 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 19 62. Prior to the issuance of the first building permit, the applicant shall submit a hydrology study of all drainage to and from the site to demonstrate adequacy of the existing storm drain system for the entire development. Developer shall be responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if calculations show that the project will cause such facilities to receive greater demand than can be accommodated. All reports and improvement plans shall be submitted to Engineering Division for review and approval. The study shall be performed by a Registered Civil Engineer licensed in the State ofCalifornia.
63. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters.
64. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.
65. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing.
66. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at:
http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed.
67. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads.
Urban Water Runoff Mitigation
68. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter
7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as:
a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
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Packet Pg. 542 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 20 d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties;
e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site.
g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD.
69. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235.
Public Streets & Rights-of-Way
70. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division.
71. All off-site improvements required by the Public Works Department shall be installed. Plans and specifications for off-site improvements shall be prepared by a registered civil engineer and approved by the City Engineer.
72. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.
73. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping,etc.
74. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property.
Utilities
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Packet Pg. 543 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 21 75. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground.
76. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way.
Resource Recovery and Recycling
77. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.21.130 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection.
78. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure.
79. For temporary excavation and shoring that includes tiebacks into the public rightof-way, a Tieback Agreement, prepared by the City Attorney, will be required.
80. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, Fire Code, or any other provision of the SMMC.
Construction Management plan
81. A Construction Management Plan per SMMC 8.98.040 shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit: Public Works, Fire, Community Development, and Police. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this planshall:
a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;
b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;
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Packet Pg. 544 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 22 e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons;
g. Specify the nature and extent of any dewatering and its effect on any adjacent buildings;
h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;
i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed;
k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel;
m. Provide a grading and drainage plan;
n. Provide a construction-period parking plan which shall minimize use of public streets for parking;
o. List a designated on-site construction manager;
p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste;
q. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and
r. Provide a construction period water runoff control plan.
VOTE 20ENT-0275 (Appeal)
Ayes:
Nays:
Abstain:
Absent:
VOTE Minor Modification 20ENT-0066
Ayes:
Nays:
Abstain:
Absent:
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Packet Pg. 545 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 23 VOTE Conditional Use Permit 19ENT-0250
Ayes:
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica.
Chairperson Date
Acknowledgement by Permit Holder
I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.
Print Name and Title Date
Applicant’s Signature
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Packet Pg. 546 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 1 Attachment C
Public Notification Information
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL
ACTION
PROJECT INFORMATION
CASE NUMBER: 19ENT-0250 and 20ENT-0066
LOCATION: 438 San Vicente Boulevard
APPLICANT: Carlthorp School/ Ken Parr
PROPERTY OWNER: Carlthorp School
CASE PLANNER: Gina Szilak, Associate Planner
REQUEST: Amendment to Conditional Use Permit 95-012 to allow 7,259 square foot expansion to Carlthorp Elementary
School and rooftop playcourt with a Minor Modification for a .29% increase in parcel coverage (45.29)
CEQA STATUS: The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 (Class 3) of the State CEQA Guidelines.
This section exempts minor additions to existing schools where the addition does not increase original student
capacity by more than 25% or 10 classrooms. The
school’s existing size is 47,709 square feet with a
proposed addition of 6,477 square feet, a 14% increase in size that is intended to accommodate existing student
capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required.
The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation
Guidelines in that the proposed addition to a noncontributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F
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Packet Pg. 547 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 2 Interior’s Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a
substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is
characterized by courtyard apartments oriented around
landscaped spaces constructed during an architectural
period of significance dating from 1937-1956. The
proposed project consists of a 5,575 sf subterranean multipurpose room and 844 sf lunch seating area and 840 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play
area is on an existing building adjacent to the alley
(approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard
only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore,
would have no impact on the overall character or
significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to
ensure the structure would not potentially impact the
character-defining features of the District.
PLANNING COMMISSION ACTION
November 4, 2020 Determination Date
X
Approved based on the following findings and subject to the conditions below.
Denied.
Other:
EFFECTIVE DATES OF ACTIONS IF
NOT APPEALED:
November 19, 2020
EXPIRATION DATE OF ANY PERMITS
GRANTED:
November 19, 2027
(5 years + 2 years pursuant to the
Eighteenth Supplement to the Executive
Order of the Director of Emergency
Services Declaring the Existence of a
DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F
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Packet Pg. 548 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 3 Local Emergency adopted on May 29,
2020)
LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is conditionally allowed within the applicable Zoning District and complies with all other applicable provisions of this Ordinance and all other titles of the Municipal Code. The existing school was established through an approved Conditional Use Permit and was previously expanded in 1995 when it acquired the adjoining lot after the 1994 Northridge Earthquake. The proposed expansion of an existing school is a permitted use in the R2 district with the approval of an approved Conditional Use Permit.
2. The proposed use is consistent with the General Plan and any applicable specific plan. Specifically, the project is conditionally permitted with an approved via a Conditional Use Permit application and is consistent with the goals, objectives, and policies of the General Plan in the following areas. The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including:
Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a noncontributor to the San Vicente Courtyard Apartment Historic District.
3. The subject parcel is physically suitable for the type of land use being proposed.
The existing Carlthorp School is located on a 46,362 SF parcel and will comply with the R2 development standards for the proposed expansion with the exception of the parcel coverage. The maximum parcel coverage in the R2 zoning district is 45% while the proposed expansion constitutes a 45.29% overall parcel coverage, an overage of .29% or 134 SF for the less than 1% parcel coverage overage requested with a Minor Modification. This small increase over the allowable parcel coverage would permit a roofed lunch area but requires a Minor Modification application. The school has been in operation for 79 years DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F
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Packet Pg. 549 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 4 since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The school enrolls approximately 280 students and the proposed expansion would not increase the enrollment level. The expansion would facilitate and enhance the existing academic services and student experience. No new classrooms are included in the proposal.
4. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain. The school has been operating on the site for since 1941; the previous expanded operations conditions of approval (Development Review 95-003, Conditional Use Permit 95-012, Variance 95-002 and an approved Environmental Impact Report) are consistent with the existing on-site use. The proposed conditions of approval will serve to further mitigate potential impacts such as noise, parking, construction impacts, and a comprehensive drop-off and pick up plan for the benefit of the students, faculty and on-site administrators.
5. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation. Since Carlthorp elementary school has been located on this site since 1941 and the school previously expanded with the approval of Development Review 95-003, Conditional Use Permit 95- 012, Variance 95-022 and an approved Environmental Impact Report, the proposed expansion via a Conditional Use Permit includes a number of specific project conditions to address potential parking impacts, noise, construction impacts and the viability of the school’s current and future drop off plans. These project specific conditions #1-20 can be found in the Statement of Official Action.