Agenda packet — Santa Monica City Council, August 23, 2022 (part 1 of 6)

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

DOUGLAS SLOAN

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: 8/23/2022 12:38 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11427(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 comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to 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 appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk 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. General 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).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Closed Session.

4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).

5. 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).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (other than
Reports of Commission and Officers).

16. Councilmember Discussion Items.

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: 8/23/2022 12:38 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, AUGUST 23, 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.

Any Items not heard on the August 23rd agenda, will be continued to an Adjourned meeting on August 24th at 6:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. 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.) . Written Comments

2. PUBLIC INPUT (CLOSED SESSION, SPECIAL AGENDA ITEMS, CONSENT

CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCV15438.

3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): James City of Santa Monica Generated: 8/23/2022 12:38 PM Page 4 Anthony Humphrey v. City of Santa Monica, et al., United States District Court, Central District, Case No. 21-cv-06812 - Item pulled and will not be heard. 8/22/22

3.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1632 5th Street (~17,000 sf), Santa Monica, California; City Negotiators: Jennifer Taylor, Economic Development Manager and Erika Cavicante, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Share Ventures; Under negotiation:

Building Lease Terms - Item pulled and will not be heard. 8/22/22

3.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Mike Smith, et al. v. City of Santa Monica, California, FAA Docket No. 16-16-02

3.E. Public Employee Evaluation
Title of Employee: City Attorney
The following is the order of business for items to be heard no earlier than 7:00 p.m.

4. SPECIAL AGENDA ITEMS

4.A. City Manager Report

5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

5.A. Award Construction Contract for FY22-23 Annual Paving Project Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2650 to PALP, Inc. dba Excel Paving Company for construction services for the FY22-23 Annual Paving Project for the Public Works Department;

2. Authorize the City Manager to negotiate and execute a contract with PALP, Inc. dba Excel Paving Company in an amount not to exceed $10,093,378 (including a 10% contingency); and

3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

5.B. Award Bid to City Terrace Service Inc. and Tip Top Tow for Heavy-Duty Towing Services
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4421 to City Terrace Service Inc., for towing services for the City’s fleet of transit buses and heavy-duty fire apparatus; and, Tip Top Tow City of Santa Monica Generated: 8/23/2022 12:38 PM Page 5 Corporation for towing services for the City’s fleet of transit buses and heavyduty fire apparatus for the Transportation and Fire Departments.

2. Authorize the City Manager to negotiate and execute an agreement with City Terrace Service Inc., in an amount not to exceed $201,960, including an $18,360 contingency, over a five-year period which includes a 10% cost escalator in year five with future year funding continent on Council budget approval; and, Tip Top Tow in an amount not to exceed $339,625, including a $30,875 contingency, over a five-year period with future year funding continent on Council budget approval.

5.C. Adoption of Resolution for AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through September 24, 2022.

5.D. Authorization to Accept California Volunteers Grant and authorize the City to issue a Contract with Social and Environmental Entrepreneurs Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $289,178 from California Volunteers to fund a youth climate corps program;

2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals;

3. Authorize the City to issue a subrecipient contract with Social and Environmental Entrepreneurs, the fiscal agent for Climate Action Santa Monica for a total amount not to exceed $289,178; and

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

5.E. Adoption of a Resolution Approving Final Parcel Map No. 82756 for 2425 20th Street
Recommended Action
Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 82756 for a 3-unit condominium residential project located at 2425 20th Street.

5.F. Approval of First Modification to Contract with Siemens Industry, Inc. for Facility Security Equipment, Systems, and Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10666 in the amount of $1,500,000 with Siemens Industry, Inc. (Siemens) a California-based Company for facility security equipment, systems, and services, including related equipment and supplies for the Information Services Department. This recommended award is made as an City of Santa Monica Generated: 8/23/2022 12:38 PM Page 6 exception to the competitive bidding process pursuant to Section 2.24.250 (c) and would result in a ten-year amended agreement with a new total amount not to exceed $3,000,000 with future year funding contingent on Council budget approval.

5.G. Authorize the City Manager to negotiate and execute an agreement with Dr.

Fawad Zafar Khan dba USMD Direct for Citywide Employee COVID Testing Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Dr. Fawad Zafar Khan dba USMD Direct for city-wide, employee COVID testing. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (i) and is for a total amount not to exceed $115,000 with no appropriations for future funding.

5.H. Authorize the City Manager to negotiate and execute an agreement with Keystone Medical Resources, Inc for Citywide Employee COVID-19 Contact Tracing and Internal Healthcare Advisement
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Keystone Medical Resources, Inc for city-wide, employee COVID-19 contact tracing and internal healthcare advisement. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (i) and is for a total amount not to exceed $150,000 with future year funding contingent on Council budget approval.

5.I. Award RFP 304 to Locality Media LLC (DBA First Due) for Preplan, Fire Inspection and other Fire Related Records Management Software for the Fire Department
Recommended Action
Staff recommends that the City Council:

1. Award RFP 304 to Locality Media LLC (DBA First Due) for Preplan, Fire Inspection, and other Fire related records management software for the Fire Department

2. Authorize the City Manager to negotiate and execute an agreement with Locality Media LLC, in an amount not to exceed $340,000, that includes $20,000 in contingency for a five-year term, and with future years funding contingent on Council budget approval.

5.J. Award Bid #RFP No. 315 to Wittman Enterprises, LLC for Third Party Billing Services for the Fire Department
Recommended Action
Staff recommends that the City Council:

1. Award the contract for RFP 315 to Wittman Enterprises, LLC for Third Party Billing Services on behalf of the Fire Department

2. Authorize the City Manager to negotiate and execute an agreement with Wittman Enterprises, LLC for seven percent (7%) of net collections derived from Fire Prevention Billing and Collection Services for a total amount not to City of Santa Monica Generated: 8/23/2022 12:38 PM Page 7 exceed $700,000 for a five-year term, with future years funding contingent on Council budget approval.

5.K. Adoption of a Resolution accepting a report on the status of all statemandated annual fire inspections in the City of Santa Monica in conjunction with SB1205 and California Health and Safety Code Section 13146.4.

5.L. Approval of Third Modification of Agreement #4268 with Hootsuite for Social Media Management Software
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a modification to agreement #4268 (SAAS) with Hootsuite Media, Inc. in an amount of $195,755 for software and tools to manage dozens of social media pages, protect account security and provide accurate and timely information to the Santa Monica community for the City Manager’s Office. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (ai) and will result in an amended 11-year agreement with a new total amount not to exceed $427,250 with future year funding contingent on Council budget approval.

5.M. Award Bid and Enter Into an Agreement with Badger, Inc. for AMI Smart Water Meters & Cloud-Based Interface
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 320 to Badger Meter, Inc. to deliver, replace and install approximately 12,444 Advanced Metering Infrastructure (AMI) ready water meters along with AMI encoders and provide a cloud-based interface for an AMI System for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with Badger Meter, Inc., in the amount not to exceed $13,500,000 (including 15% contingency).

3. Authorize the City Manager to negotiate and execute a Software as a Service (SaaS) Agreement with Badger Meter, Inc. in the amount not to exceed $300,000 over a five-year period.

5.N. Award Bid to United Pacific Services, Inc. for the Comprehensive Urban Forest Maintenance Program
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4415 to United Pacific Services, Inc. to provide urban forest maintenance services for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with United Pacific Services, Inc. in an amount not to exceed $8,731,559 over a City of Santa Monica Generated: 8/23/2022 12:38 PM Page 8 five-year period, which includes a $1,746,312 contingency, and one additional five-year renewal option in the amount of $9,800,877, which includes a $1,960,175 contingency, on the same terms and conditions for a total amount not to exceed $18,532,436 over a 10-year period with future year funding contingent on Council budget approval.

5.O. Approval of Cancellation of Regular City Council Meetings for November 8, November 22 and December 27
Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings scheduled for:

1. November 8, 2022 due to Election Day and schedule a special meeting on November 15, 2022; and

2. November 22, 2022 and December 27, 2022, due to a lack of a quorum and the holiday break.

5.P. Adoption of a Resolution accepting the tentative agreement and authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division, Local 1785 - New Item Received 8/19/2022 Recommended Action
Staff recommends that the City Council:

1. Adopt the proposed Resolution (Attachment A) accepting the tentative agreement and authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Local 1785(SMART-TD);

2. Adopt the salary schedule (Attachment B); and

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

5.Q. City Council - Special Meeting - Jul 21, 2022 6:00 PM - New Item Received 8/19/2022

6. PUBLIC INPUT (REMAINING AGENDA ITEMS ONLY)

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.A. Appointment to One Seat on the Newly Created Human Services Commission (CONTINUED FROM 7/14/2022) - New Item Received 8/19/2022

9. ADMINISTRATIVE PROCEEDINGS
City of Santa Monica Generated: 8/23/2022 12:38 PM Page 9

9.A. 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.”

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

10.A. Introduction and First Reading of an Ordinance Amending Municipal Code Section 4.65.030 and Approval of First Modification to Contract 10605 for Emergency Medical Patient Transport and Billing Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first modification to agreement #10605 with Westmed Ambulance Service Inc. DBA McCormick Ambulance Service for emergency ambulance services and medical billing services for the Fire Department.

2. Authorize the City Manager to negotiate and execute a cost recovery agreement with McCormick Ambulance for two years, on the same terms and conditions, for a total agreement period of seven-years.

3. Introduce for first reading an ordinance to amend Municipal Code Section

4.65.030 to extend the Living Wage Ordinance exemption for the term of the contract with McCormick Ambulance for emergency transportation and billing services.

10.B. Introduction and First Reading of an Ordinance Modifying City Sidewalk Vending to Allow for Stationary Vending with 100-500 Foot Perimeter to Santa Monica Pier by Permitted Vendors
Recommended Action
Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Sec. 6.36.040 to expand opportunities for stationary sidewalk vending.

10.C. Introduction and First Reading of an Ordinance amending SMMC 3.22 and adding section 3.23 to allow shared mobility services to be provided under a contract agreement with the City
City of Santa Monica Generated: 8/23/2022 12:38 PM Page 10 Recommended Action
Staff recommends that the City Council introduce for first reading the proposed ordinance to do the following:

1. Amend Section 3.22.090 of the Santa Monica Municipal Code to extend the term of the second Shared Mobility Device Pilot Program from March 30, 2023, to September 30, 2023; and

2. Create Section 3.23 of the Santa Monica Municipal Code to establish a contracting model for shared mobility device services.

10.D. Introduction and First Reading of an Ordinance Modifying SMMC 4.12.105 Concerning Amplified Sound in Ocean View Park
Recommended Action
Staff recommends that the City Council introduce for first reading the proposed ordinance to the City’s amplified sound ordinance, Section 4.12.105 of the Municipal Code, to prohibit amplified sound in Ocean View Park, and potentially other areas Council may specify by resolution.

10.E. Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 6.112 to Add Regulations for Street Performers on Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard, and Broadway Adjacent to the Third Street Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance amending Chapter 6.112 of the Santa Monica Municipal Code (“SMMC”) to:

1. Apply the regulations set forth therein to a “buffer zone,” consisting of Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard, and Broadway between Second and Fourth Courts;

2. Eliminate the 120-foot restrictions in 6.112.050 and replace with a general prohibition against performing within the same block after a certain amount of time; and

3. Make other minor edits for consistency with other provisions of the Santa Monica Municipal Code.

10.F. Second Reading and Adoption of Ordinance to Amend SMMC Sections

3.12.010 and 3.12.600 to allow non-electric pedicabs on Beach Bike-Path and recodify SMMC Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways - New Item Received 8/19/2022
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

10.G. Introduction and Adoption of an Emergency Ordinance to Add Santa Monica Municipal Code Section 4.27.080 to the Santa Monica Municipal Code - New Item Received 8/19/2022
Recommended Action
Staff recommends that the City Council consider adoption of an emergency ordinance adding Santa Monica Municipal Code Section 4.27.080 to provide City of Santa Monica Generated: 8/23/2022 12:38 PM Page 11 temporary eviction protection for residential tenants in rent-controlled units who, effective September 1, 2022, face an increase in the maximum allowable rent (MARs) up to six (6) percent; are not able to pay the increased rent due to financial hardship; and are at risk of being evicted for nonpayment of rent.

Council may want to consider adopting this Ordinance first as an emergency ordinance under Sections 615 and 619 of the City Charter, and separately adopting this identical Ordinance as a regular ordinance, subject to the usual procedure of two readings.

10.H. Introduction and First Reading of an Ordinance Amending the City’s Tenant Protection Laws - New Item Received 8/19/2022
Recommended Action
Staff recommends that the City Council consider introducing for first reading an ordinance amending the City’s Housing Anti-Discrimination Code, Tenant Harassment Code, and Tenant Protection Code.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Request of Councilmember Davis that the Council allocate $10,000 of Council Discretionary Funds to the Main Street Business Improvement Association to partially offset the cost of a community open streets event on Main Street in October. This event is replacing Summer Soulstice (which Council has financially supported in the past) and will include a showcase of local businesses, artists, and musicians as well as the Halloween Pet Costume Contest which had over 100 participants last year. The funds will be used to pay permitting fees and other city-imposed costs of staging the event.

City of Santa Monica Generated: 8/23/2022 12:38 PM Page 12

16.B. Request of Councilmember De la Torre that the City Council allocate $5,000 of Council discretionary funds to the Santa Monica Pier Corporation to fund entertainment for the 2nd Annual Day of the Dead Celebration on the Santa Monica Pier. The celebration will be hosted inside the historic Looff Hippodrome Carousel and will be open and free to the public.

16.C. Request of Councilmember Davis that the City waive rental fees associated with the partial use of the parking lot on the Santa Monica Pier to support the City’s annual commemoration of Veterans Day honoring and celebrating all those who have served our country in the Armed Forces, being planned in coordination with the United States Army.

16.D. Request of Mayor Pro Tem McCowan and Councilmembers Brock and Negrete that the City Council allocate up to $15,000 of their discretionary funds to the Public Policy Institute at Santa Monica College to support the 2023 Public Policy Symposium - an event jointly sponsored by Santa Monica College and Santa Monica Malibu Unified School District. - New Item Received 8/19/2022

16.E. Request of Councilmembers Parra, de la Torre, and Brock that the Council allocate up to $1,500 of Council Discretionary Funds to offset the cost of sending a mailer to all Housing Authority housing-voucher holders providing information and notice of a Housing Commission meeting on September 1 to solicit input and feedback that will inform recommendations from the Housing Commission to the City Council regarding the Santa Monica Resident Advisory Board. - New Item Received 8/19/2022

16.F. Recommendation to accept Carolyn Charles' resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy. - New Item Received 8/19/2022

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.

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: 8/23/2022 12:38 PM Page 13 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: August 23, 2022
Agenda Item:
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comment
Packet Pg. 14
1 Vernice Hankins
From: Santa Monica City Manager's Office
Sent: Monday, August 22, 2022 7:41 AM
To: councilmtgitems
Subject: FW: 2022 Santa Monica City Council election - Santa Monica Police Officers' Association & Santa Monica Firefighters Local 1109,
From: Jonathan Louis Mann <[email protected]>
Sent: Saturday, August 20, 2022 2:06 PM
To: Santa Monica Police Officers' Association <[email protected]> Cc: Council Mailbox <[email protected]>; Attorney Mailbox <[email protected]>; Santa Monica City Manager's Office <[email protected]>; SM Mirror <[email protected]>; SMDP <[email protected]>; Outlook‐Surf Santa Monica <[email protected]>; Santa Monica Coalition for A. Livable City <[email protected]>; Santa Monica Forward <[email protected]>; David Ganezer <[email protected]>; City Editor City News Service <[email protected]>; Steve Lopez <[email protected]>; Los Angeles Times <[email protected]> Subject: 2022 Santa Monica City Council election ‐ Santa Monica Police Officers' Association & Santa Monica Firefighters Local 1109,

EXTERNAL
Jonathan Mann,
On Tuesday, August 23rd, the SMPOA & Firefighters Local 1109 are conducting the interviews separately, but in tandem, so a 20 minute session with one association will be followed by a 20 minute session with the other association.

Please schedule me at 10:40a‐11:00am with Firefighters Local 1109 and 11:00‐11:20 am with Santa Monica Police Officers' Association.

My questions and comments for SMPD which I am copying citywide and the Santa Monica Police Officers' Association shares with the rank and file street cops, are:

1. The community is angry; we understand why criminals were released during Covid and they aren't being prosecuted, so why not bring in more resources; the Sheriff in with his kick ass culture? Defunding the police and coddling criminals only perpetuates the cycle. No More Mr. Nice guy, it doesn't work!

2. Our parks and public places should not be infested with street thugs who are free to commit misdemeanor crimes without consequence. Our compassionate culture has gone too far, while unhoused who have been displaced by gentrification are falling through the cracks. My own brother is one.

3. Considering the amount of crime we are experiencing in Santa Monica why are we scheduling our police officers 3 day work weeks; is it because the Santa Monica Police Officers' Association was being rewarded for endorsing incumbents and special interest candidates?

4. Would not be it better for our police officers to work shorter days to avoid fatigue, especially if senior officers are picking up overtime which could be better put toward hiring more rookies who would earn less to cover high crime areas 24/7/365?
Item 1.A
08/238/22
1 of 2 Item 1.A
08/238/22

1.a
Packet Pg. 15
Attachment: Written Comment (5330 : Written Comment)
2 5. I was a parole officer and probation officer in the 70s and 80s. If any of my parolee were arrested, even for shoplifting, I would violate them immediately. If they were using, I gave them a choice between Synanon or jail.

6. When I was in law enforcement I already knew that street crime is largely drug related, it's much worse now with Fentanyl and Meth addicts who don't care who they hurt or kill. They need to be locked up where they are forced to detox and the guards are prosecuted if they provide cell phones or drugs to the inmates.

7. I support private prisons but the way they are managed is by exploiting prisoners; slave labor. America should be past chain gangs. Prisoners should receive minimum wage, with bonuses for meeting quota, more for fire fighting. They should also have to pay restitution.

Please let me know which time combination works best with your schedule.

Karyn Mills
Item 1.A
08/238/22
2 of 2 Item 1.A
08/238/22

1.a
Packet Pg. 16
Attachment: Written Comment (5330 : Written Comment)
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 4.A
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

4.A
Packet Pg. 17
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.A
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Construction Contract for FY22-23 Annual Paving Project Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2650 to PALP, Inc. dba Excel Paving Company for construction services for the FY22-23 Annual Paving Project for the Public Works Department;

2. Authorize the City Manager to negotiate and execute a contract with PALP, Inc. dba Excel Paving Company in an amount not to exceed $10,093,378 (including a 10% contingency); and

3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

Summary
The FY22-23 Annual Paving Project (Project) would repair and rehabilitate approximately 3.4 centerline miles of the City’s streets and repair sidewalks in Downtown Santa Monica. The Project would include asphalt concrete paving, dig-outs at severely cracked locations, traffic signing and striping improvements, and concrete repairs to sidewalks, curbs, and gutters. The project also includes additional signing and striping improvements at various locations that further the goals of different mobility initiatives such as Vision Zero, the Wilshire Safety Study, Pedestrian Action Plan, and Bike Action Plan Amendment. Staff recommends PALP, Inc. dba Excel Paving Company to provide construction services in an amount not to exceed $10,093,378 (including a 10% contingency).

5.A
Packet Pg. 18
2 of 5
Discussion
Street Paving Improvements
The Project would repave and install signing and striping improvements on Wilshire Boulevard from Ocean Avenue to Centinela Avenue and on Ocean Avenue from Palisades Avenue to Colorado Avenue. The Project would grind and overlay the asphalt concrete roadway. Severely deteriorated pavement would be removed and replaced by a new structural section before repaving. After repaving, new signing and striping improvements would be installed to meet current City standards.

Downtown Sidewalk Repairs
The Project would repair concrete sidewalks, curbs, and gutters in Downtown Santa Monica that were identified in the annual sidewalk inspection performed by the Engineering & Street Services Division of Public Works. In addition, concrete curb ramps would be removed and replaced at five locations.

Signing and Striping Improvements
The Department of Transportation is aligning priority signing and striping improvements to coincide with the repaving work to take advantage of efficiencies and cost savings associated with a larger project, and to minimize the impacts to traffic and the community. In addition to the implementation of Phase 1 improvements identified in the Wilshire Safety Study and adjustments to Ocean Ave to maximize safety and efficiency for all users, the Project would install signing and striping improvements at various locations throughout the City. The following signing and striping improvements would be included in the project:
• Phase 1 of Wilshire Boulevard safety improvements from Ocean Avenue to Centinela Avenue
• Ocean Avenue striping adjustments from Palisades Avenue to Colorado Avenue • Olympic Drive striping refresh from Main Street to Avenida Mazatlán • Crosswalk Renewals at:

5.A
Packet Pg. 19
3 of 5
o Colorado Avenue between 20th Street and 26th Street
o Lincoln Boulevard at Hill Street
o Main Street at Hollister Avenue and Kinney Street
o Montana Avenue at 2nd Street and 3rd Street
o Ocean Park Boulevard at 2nd Street and 3rd Street
o Santa Monica Boulevard at Euclid Street, 15th Street, 18th Street, and Princeton Street
• Vision Zero priority intersection safety improvements at:
o Ocean Park Boulevard and Lincoln Boulevard
o Olympic Boulevard and 14th Street
• Protected Bike Lane adjustments on Broadway from 15th Court to 20th Street • Caltrans Bridge Overcrossings striping refresh at Lincoln Boulevard, 11th Street and Cloverfield Boulevard
• Roundabout modernization and safety enhancements at:
o Michigan Avenue and 9th, 10th, 12th, and Euclid Streets o Washington Blvd and 26th Street
o 4th Street and Strand Street
Vendor Selection
Bidder Recommendation
Best Bidder PALP, Inc. dba Excel Paving Company
Evaluation Criteria Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.

Municipal Code SMMC 2.24.180
Submittals Received Base Bid Alternate Bid #1 Total Base + Alt PALP, Inc. dba Excel Paving Co. $7,754,874 $1,420,925 $9,175,799 Sully Miller Contracting Co. $8,434,295 $1,435,441 $9,869,736

5.A
Packet Pg. 20
4 of 5
Bid Data
Date
Posted Posted On Advertise In (City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
5/19/2022 City's Online
Bidding Site
Santa Monica Daily
Press
44 6/16/2022
Best Bidder Justification
Staff recommends PALP, Inc. dba Excel Paving Company, the lowest bidder in terms of base bid and overall bid, as the best bidder when evaluating bid price, previous paving project experience, and completion of past projects for the City of Santa Monica, including the FY18-19 and FY19-20 Annual Paving projects.

Public Outreach
Construction is expected to begin in fall 2022 and last for eight to ten months. Prior to and during construction, City staff and the contractor would distribute notifications to adjacent properties detailing the project scope, construction schedule, and potential impacts. Periodic updates would be provided, as necessary. Social media would be utilized to notify the public about general construction updates. Mobility Division Staff would conduct broader direct and digital community engagement to highlight the Wilshire Safety Improvements that would include email blasts, targeted social media, project site postings along the corridor, blog posts, and completion celebrations.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Special Revenue Source, Gas Tax, Local Return, Water, Wastewater, and General Funds to award a contract with PALP, Inc. dba Excel Paving Company to provide construction services for the FY22-23 Annual Paving Project. Award of the agreement would require a new budget appropriation of $2,572,283 from the available restricted Transportation Impact Fee (TIF) Fund balance. The TIF and Crosswalk Renewal CIP funds would be used to fund signing and striping improvements that are beyond the scope of the Annual Paving project. TIF funds are programmed during the planning phase of a project and the construction phase of projects is typically two to three years later. Staff anticipated higher costs due to inflation in the construction sector and reserved TIF fund balance in case bids came in higher than initial estimates. This appropriation will be from the TIF Fund restricted reserve. Budget is available in the FY 2022-23 Capital Improvement Program budget at the accounts below.

5.A
Packet Pg. 21
5 of 5
FY 2022-23 CIP Budget Changes
Additional Appropriation of Funds Requested
Release Fund Balance Appropriate Funds
Account Number(s) Amount Account Number(s) Amount

10.370332 $2,572,283 C1004600.689000 $2,572,283
Total $2,572,283
Contract Request
FY2022-23
Request Amount CIP Account # Account Description Total Contract Amount $2,119,000 C2604600.689610.99070 RMRA $2,119,000
$1,310,276 C2604600.689610.99005 RMRA $1,310,277
$830,000 C2704600.689110.21032 Measure M $830,000
$286,000 C2704600.689110.21029 Measure M $286,000
$922,780 C2704600.689120.21032 Measure R $922,780
$276,000 C2704600.689120.21029 Measure R $276,000
$682,665 C2704600.689130.21032 Prop C $682,665
$296,000 C2704600.689130.21029 Prop C $296,000
$300,000 C5004600.689000 Water Fund $300,000
$265,200 C5104600.689000 Wastewater Fund $265,200
$233,173 C0104640.689000 Crosswalk Renewal Program $233,173 $2,572,283 C1004600.689000 TIF $2,572,283
Total $10,093,378
Prepared By: Robert Zak, Civil Engineer
Approved Forwarded to Council
Attachments:

A. Oaks Form (PALP Inc. dba Excel Paving Company)

5.A
Packet Pg. 22

5.A.a
Packet Pg. 23
Attachment: Oaks Form (PALP Inc. dba Excel Paving Company) (4973 : Award Construction Contract for FY22-23 Annual Paving Project)

5.A.a
Packet Pg. 24
Attachment: Oaks Form (PALP Inc. dba Excel Paving Company) (4973 : Award Construction Contract for FY22-23 Annual Paving Project) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid to City Terrace Service Inc. and Tip Top Tow for Heavy-Duty Towing Services
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4421 to City Terrace Service Inc., for towing services for the City’s fleet of transit buses and heavy-duty fire apparatus; and, Tip Top Tow Corporation for towing services for the City’s fleet of transit buses and heavy-duty fire apparatus for the Transportation and Fire Departments.

Summary
The City of Santa Monica’s Department of Transportation (DOT) currently operates 195 transit buses, and the City’s Fire Department (FD) operates 19 heavy-duty apparatus.

These vehicles sometimes experience major mechanical failures that render them inoperable and in need of tow services to transport them to DOT’s maintenance and repair facility to ensure that they return to service in a timely manner. Timely service is vital to ensure vehicles are not stranded on City streets, leaving them vulnerable to traffic collisions or tampering. The City solicited bids to provide towing services for its Transportation and Fire Department heavy-duty vehicles. Staff recommends awarding Bid #4421 to Tip Top Tow and City Terrace Service, Inc. for heavy-duty towing services

5.B
Packet Pg. 25
2 of 4
in an amount not to exceed $541,585 over a five-year period which includes a 10% contingency.

Discussion
Santa Monica’s Department of Transportation and Fire Department run continuous operations that place high stress on the City’s fleet of heavy-duty vehicles. When these vehicles fail, they may be towed to DOT’s maintenance facility for repair, or directly to a vendor if serious repairs are needed that cannot be performed at a City facility.

Responsive and reliable towing services are necessary to ensure the City’s operations can continue unhindered. Additionally, unresponsive tow service risks stranding the City’s heavy-duty vehicles on public roads, increasing the possibility of damage to the vehicle through a collision or act of vandalism. In the past, City vehicles have waited overnight in excess of 11 hours for a tow due to a lack of available drivers. Staff recommends that Bid #4421 be awarded to two bidders to reduce this possibility in the future. The award to two vendors would allow the City to use an alternate if one vendor has insufficient resources to provide timely service. Tip Top Tow, which was the lower bidder, will be the primary contractor and City Terrace will serve as the backup vendor if immediate tow service is unavailable from Tip Top Tow.

To maintain clean and safe public spaces, the vendors are required to have knowledge of proper spill containment and pick-up procedures and to carry absorbent and oil cleaning supplies to clean spills when needed. Towing vendors are also required to have all required equipment, decals, and other material required by the California vehicle code. Towing services are provided on a 24-hour, seven-day-a-week basis and may include towing to vendor locations for repairs, upfitting, or decommissioning up to 30 miles away from the City and under varying traffic conditions.

The award of bid #4421 would enable DOT to schedule timely, reliable, tow services for transit buses and FD apparatus that have been rendered inoperable ensuring that they return to service without delay and minimize disruption to public roadways.

5.B
Packet Pg. 26
3 of 4
Vendor Selection
Bidder Recommendation
Best Bidder City Terrace Service Inc., Tip Top Tow
Evaluation Criteria Price, quality of services offered, ability to perform all services, bidder experience
Municipal Code SMMC 2.24.180
Submittals Received
City Terrace Service Inc. $567,732
Tip Top Tow $527,313
Bid Data
Date
Posted Posted On
Advertised in
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
3/7/2022 ProcureNow Santa Monica Daily Press 9 4/5/2022 Best Bidder Justification
Bids were evaluated based on the criteria in SMMC 2.24.180 including price, ability to provide the services according to City specifications included in the bid, experience, reputation, and training of the bidder. Both bidders provided similar bid pricing with only an 8% difference in pricing between the two. Due to the close bid pricing and the need to have prompt, reliable, service, staff recommends splitting the award in favor of Tip Top tow, which was the low bidder, while providing enough funding to ensure towing is not delayed due to lack of availability from a vendor. The bid costs above are based on an estimated 280 hours of towing annually which includes time tow drivers spend driving from their yard to our vehicle’s location. Actual contract amounts are reduced from their bid cost because the total towing need will be split between two providers.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Big Blue Bus Fund and General Fund to award contracts to City Terrace Service Inc. and Tip Top Tow for towing of transit buses and heavy-duty Fire Department apparatus over a five-year period. Future year funding is contingent on Council budget approval.

Contract Request - Tip Top Tow
FY 2022-23 Budget
Request Amount
Future Years’
Amount
Department/
CIP Account # Total Contract Amount
$64,350 $257,400 60600008.550012 $321,750

5.B
Packet Pg. 27
4 of 4
$3,575 $14,300 01190001.529470 $17,875
Contract Request - City Terrace Service Inc.

FY 2022-23 Budget
Request Amount
Future Years’
Amount
Department/
CIP Account # Total Contract Amount
$37,400 $153,560 60600008.550012 $190,960
$2,200 $8,800 01190001.529470 $11,000
Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. City Terrace oaks
B. Tip Top Tow Service Oaks Form

5.B
Packet Pg. 28

5.B.a
Packet Pg. 29
Attachment: City Terrace oaks (5174 : Award bid for heavy-duty towing services)

5.B.b
Packet Pg. 30
Attachment: Tip Top Tow Service Oaks Form (5174 : Award bid for heavy-duty towing services)

5.B.b
Packet Pg. 31
Attachment: Tip Top Tow Service Oaks Form (5174 : Award bid for heavy-duty towing services) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.C
1 of 5
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution for AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through September 24, 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

5.C
Packet Pg. 32
2 of 5
measures to promote social distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3). 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 43rd 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 internetbased service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on

5.C
Packet Pg. 33
3 of 5
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) the legislative body 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 height of 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 that related hospitalizations are no longer in decline, which may be attributed to the more transmissible BA.2 subvariant spreading in LA County. As of August 3, 2022, LA County has confirmed 3,315,921 cases of COVID-19 within the County, with 6,637 new cases reported for August 3, 2022 alone, and has continued to advise that public health measures remain required to prevent the further spread of COVID-19. 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, April 12, May 10, May 24, June 14, July 12, and July 26, 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 September 24, 2022.

5.C
Packet Pg. 34
4 of 5
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 August 25, 2022 (which is when the AB 361 resolution adopted on July 26, 2022, will expire) without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply.

The procedures that were established for City Council meetings when it held meetings remotely, providing for public attendance and comment through a call-in or internetbased 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 continue to 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 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
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2022-23 budget.

5.C
Packet Pg. 35
5 of 5
Prepared By: Michelle Hugard, Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. AB361 Resolution

5.C
Packet Pg. 36
1 City Council Meeting: August 23, 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 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and

5.C.a
Packet Pg. 37
Attachment: AB361 Resolution (5177 : AB361 Findings Re Teleconference) 2 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, 2020 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, 2020, April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021 effective May 22, 2021, July 13, 2021, August 24, 2021, October 26, 2021, December 7, 2021, March 8, 2022 effective May 7, 2022, May 24, 2022, July 12, 2022, and July 26, 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

5.C.a
Packet Pg. 38
Attachment: AB361 Resolution (5177 : AB361 Findings Re Teleconference) 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 constitutional rights of the parties and the public appearing before the legislative body; and

5.C.a
Packet Pg. 39
Attachment: AB361 Resolution (5177 : AB361 Findings Re Teleconference) 4 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, 2022, April 8, 2022, May 10, 2022, May 24, 2022, June 14, 2022, July 12, 2022, and July 26, 2022, the City Council adopted Resolution Numbers 11362, 11378, 11384, 11390, 11393, 11399, 11404, 11407, 11413, 11417, 11421, 11424, 11439, and 11445 respectively,

5.C.a
Packet Pg. 40
Attachment: AB361 Resolution (5177 : AB361 Findings Re Teleconference) 5 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.

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.

5.C.a
Packet Pg. 41
Attachment: AB361 Resolution (5177 : AB361 Findings Re Teleconference) 6 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:
____________________________
DOUGLAS SLOAN, City Attorney

5.C.a
Packet Pg. 42
Attachment: AB361 Resolution (5177 : AB361 Findings Re Teleconference) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.D
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Authorization to Accept California Volunteers Grant and authorize the City to issue a Contract with Social and Environmental Entrepreneurs Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $289,178 from California Volunteers to fund a youth climate corps program;

2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals;

3. Authorize the City to issue a subrecipient contract with Social and Environmental Entrepreneurs, the fiscal agent for Climate Action Santa Monica for a total amount not to exceed $289,178; and

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
Staff seeks authority to accept a grant from California Volunteers in the amount of $289,178 and to award a subrecipient contract in the amount of $289,178 to Social and Environmental Entrepreneurs (SEE), the fiscal agent for Climate Action Santa Monica (CASM), to manage the youth climate corps through May 1, 2024. CASM is a program of SEE and is obligated and responsible for the programmatic duties of the grant, with SEE as its fiscal agent providing administrative services and support. The City’s winning proposal to California Volunteers to participate in the CaliforniansForAll Youth Workforce Development Program has two intertwined goals:
• Engage the community in action that helps to fulfill the City of Santa Monica’s climate goals, and

5.D
Packet Pg. 43
2 of 7
• Help the youth of Santa Monica reach their fullest potential by connecting them with services that prepare them for the future.

The funding and workplan proposed in this grant-funded program will recruit, train, and employ volunteer youth to take on strategies and actions identified in the City’s Climate Action and Adaptation Plan. This effort will be realized through a subrecipient contract with CASM. CASM will work with JVS SoCal and Santa Monica College (SMC) as subconsultants.

Discussion
California Volunteers issued a Request for Proposals for the CaliforniansForAll Youth Workforce Development Program. The program has three goals:

1. Increase youth employment;

2. Develop career pathways; and

3. Strengthen local capacity to address key areas of food insecurity, climate, and COVID-19 recovery.

All participants must be between 16-30 years of age. Per the program guidelines, priority should be given to youth who:
• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income
• Are unemployed and/or out of school
• Are or were justice-involved
• Are in or transitioning from foster care
• Are engaged with the mental health or substance abuse system California Volunteers encourages the City to sub-grant to an existing Community-Based Organization (CBO) for all grant-related activities. The City of Santa Monica Office of Sustainability will serve as the point agency for the grant and staff proposes subgranting to CASM, which is an established local non-profit that is qualified to manage the program.

5.D
Packet Pg. 44
3 of 7
About Climate Action Santa Monica (CASM)
The City of Santa Monica has been collaborating successfully with CASM since 2013.

The partnership, now in its tenth year, began by bringing diverse constituencies together in community-wide forums to explore climate-related problems and opportunities related to energy, water, and transportation. These successful forums engaged more than 1,000 people. In 2020 CASM began hosting online SAMOCAN (Santa Monica Climate Action Network) sessions. In 2016, CASM launched the CASM Climate Corps (Climate Corps). With funding from the City and support from local businesses, individuals, county government and foundations, Climate Corps has graduated more than 90 youth, mostly high school age, and engaged dozens of adult volunteers and agency partners. Climate Corps includes experiential training, project work, and engagement with local leaders and community groups. In the process, youth are connected to adults in government, business, and CBOs to help them develop life and career skills. Projects are executed in teams focused on areas such as energy, organics recycling, extreme heat, water and mobility.

Program Goal and Design
The Executive Director and Program Manager of CASM will staff and supervise the youth fellows. The staffing plan for this grant includes a phased hiring approach that involves:

1. August 2022-June 2023: Onboard two Community Engagement Fellows.

2. June 2023-May 1, 2024: Onboard two additional Community Engagement Fellows. Their term will end by May 1, 2024. These Community Engagement Fellows are more mature and will possess more leadership ability and independent work capacity. They will help with CASM and the CASM Climate Corp.

3. June 2023: Onboard an additional six On the Ground Project Fellows to work part-time (20 hours) per week for six months.

4. January 2024: Onboard an additional crew of six On The Ground Project Fellows to work 20 hours per week through May 1, 2024. Fellows will be paid $20-$22 per hour.

5.D
Packet Pg. 45
4 of 7
Strategies and actions below related to Santa Monica’s Climate Action & Adaptation Plan (CAAP) are among those that CASM has supported through its partnership with the City of Santa Monica. These efforts can be advanced with funding from this grant:

Convert existing natural gas
equipment and appliances to
electric
Climate Corps energy track 2021 through current year
educates about energy systems and City programs.

Create equitable access to
clean energy programs
SAMOCAN event and advocacy for Solar in Multifamily
Buildings. Climate Corps energy project on Community
Solar development.

Implement community choice
energy (CCE)
CASM steering committee members researched and
educated on CCE formation 2014-2018, serve on CCA
Community Advisory Board 2020 – current.

Increase local solar for
residential and commercial
tenants
Solar Brunches in 2018-2020 exchanged solar
experience among neighbors.

Implement citywide organics
recycling
Organized volunteers and Climate Corps to engage in
outreach for green bin organics recycling in 2021
through current.

Zero waste outreach and
education
Conducted surveys related to plastic straw ban and
promoted reusable bags at Farmers’ Markets.

Expand safe routes programs Ongoing campaign through Climate Corps to reduce car traffic to Santa Monica High School.

Prioritize transit-oriented
affordable housing
Climate Corps surveyed about and publicized Expo Line,
CASM represented community for green housing
development.

Promote low carbon, low
waste lifestyles
Engaged over 2,000 people in surveys and
conversations at public events about energy,
transportation, waste, and water choices and impacts.

Increase climate and ecoliteracyHosted climate forums and educational events since 2013.

5.D
Packet Pg. 46
5 of 7
Youth Recruitment/Development
Youth will be recruited through the channels of the project partners with JVS SoCal and SMC playing lead roles, as they have established programs that can help reach youth meeting the grant’s criteria. Additionally, both JVS SoCal and SMC are key partners in the City-funded programs for “at-promise” (vulnerable/at-risk) youth. As such, they are a part of and familiar with the local and regional network of youth-serving organizations that serve the Santa Monica community and can help recommend local youth for the program. Recruitment may also occur through the City of Santa Monica’s online jobs board which the Community Development Department (CDD) promotes through email distribution, social media, and its website. CDDalso hosts job fairs. Local affordable housing organizations and other CBOs would be invited to promote the program and help recruit participants.

CASM, through its connection to the community, recognizes that several youths are marginally or intermittently enrolled in school – or employed. Youth who reside in the community who have had trouble finding steady employment or have had difficulty remaining in school would be eligible for participation. Youth residing in a census tract identified by CalEnviroscreen 4.0 or as low income will be an acceptable criterion for qualification as well. Of those served, priority will be given to youth that reside in Santa Monica and/or attend a Santa Monica-Malibu Unified District school in Santa Monica.

JVS SoCal will identify youth to refer to Climate Corps for consideration as program Fellows and will welcome referrals from Climate Corps of youth needing employment readiness services. Through the JVS SoCal-operated West Los Angeles America’s Job Center of California (AJCC) location in Culver City, JVS SoCal will provide engaged youth with soft skills and job readiness training, including creating a resume, practicing and preparing for interviews, reviewing personal hygiene and timeliness expectations, professional presentation and dress; better budgeting habits; and career exploration to determine long term interest in sustainability careers. JVS SoCal will provide or refer youth to local partners for wraparound services beyond the scope of JVS SoCal’s services, such as for mental health or substance use needs or housing assistance. JVS SoCal will assist youth with reengaging in school and enrolling in an academic program.

5.D
Packet Pg. 47
6 of 7
JVS SoCal will co-enroll program Fellows into the adult program at the West Los Angeles AJCC for additional job readiness services and employment training opportunities for young adults ages 18+ and will leverage these resources for the CASMCC. JVS SoCal is well positioned to provide these services given their long track record of providing similar programming to Santa Monica youth through their Cityfunded programming for local at-promise youth.

Santa Monica College will assist with recruiting in partnership with JVS SoCal, support alignment of course options and certificates with the real-life work experience and provide career counseling as needed. As Santa Monica’s local institution of higher education, SMC is also an integral part of programming for at-promise Santa Monica youth, bringing the knowledge of the local landscape and youth and family partner organizations involved in serving the older youth population.

Past Council Actions
Meeting Date Description
5/28/19 (Attachment A) Climate Action and Adaptation Plan 6/9/22 (Attachment B) CaliforniansForAll Grant Agreement Financial Impacts & Budget Actions
Staff seeks authority to accept a grant from California Volunteers and to award a subrecipient contract with Social and Environmental Entrepreneurs, the fiscal agent for Climate Action Santa Monica to manage the youth climate corps through May 1, 2024.

FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20500010.416250 $289,17820500010.556620 $289,178
Total $289,178Total $289,178
Contract Request
FY 2022-23
Request Amount
FY 2022-23 Budget
Department Account #
Total Contract
Amount
$289,178 20500010.556620 $289,178

5.D
Packet Pg. 48
7 of 7
If renewals are awarded, budget changes would be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Ariana Vito, Sustainability Analyst
Approved Forwarded to Council
Attachments:

A. Climate Action and Adaptation Plan (Web Link)
B. CalifornianForAll Grant Agreement

5.D
Packet Pg. 49

2. The term of this Agreement is:

5.D.b
Packet Pg. 50
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) 1 City of Santa Monica
Request for Funding:
2021 Californians For All Youth Workforce Development Program Santa Monica Climate and Community Engagement
RFA #, JP21-002
Section 1: Program Goal (10 points)
The proposed program has two intertwined goals. The first is to engage the community in action that helps to fulfill the City of Santa Monica’s climate goals. The second is to help the youth of Santa Monica reach their fullest potential by connecting them with services that prepare them for the future. This is the focus of the City of Santa Monica’s Cradle to Career program, a multi-organization partnership.

The City of Santa Monica has set a goal of 80% reduction (below 1990 levels) in community carbon emissions by 2030. Steps to achieve this vision are set forth in the City’s Climate Action and Adaptation plan (CAAP), updated and adopted in 2019 by Santa Monica’s City Council. The key strategic goals in the plan are: Zero Net Buildings, Zero Waste, Sustainable Mobility, Climate Ready Community, Water Self Sufficiency, Coastal Flooding Preparedness, and Low Carbon Food Systems.

The funding and work proposed in this grant application will employ youth and recruit and train volunteer youth to take on strategies and actions identified by the CAAP. This will be accomplished through a partnership with local CBO Climate Action Santa Monica (CASM).

The work will be primarily conducted through CASM’s Climate Corps (CASMCC) program, which trains youth in local climate action.

In 2013, the City of Santa Monica began its collaboration with Climate Action Santa Monica (now a program of SEE, Social and Environmental Entrepreneurs, which is CASM’s fiscal agent). The partnership started by bringing diverse constituencies together in community-wide forums to explore climate-related problems and opportunities related to energy, water, and transportation. These successful forums engaged more than 1,000 people. In 2020 CASM began hosting online SAMOCAN (Santa Monica Climate Action Network) sessions. In 2016, Climate Action Santa Monica launched the CASM Climate Corps (CASMCC). With funding from our City and support from local businesses, individuals, county government and foundations, CASMCC has graduated more than 90 youth (mostly high school age) and engaged dozens of adult volunteers and agency partners. CASMCC includes experiential training, project work, and engagement with local leaders and community groups. In the process, CASMCC connects youth to adults in government, business, and CBOs and helps them develop life and career skills. Projects are executed in teams focused on areas such as Energy, Organics Recycling, Extreme heat, Water and Mobility.

City of Santa Monica
#JP2001
Exhibit A Scope of Work

5.D.b
Packet Pg. 51
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) 2 Strategies and actions below related to Santa Monica’s CAAP are among those that CASM has supported through its partnership with the City of Santa Monica. These efforts can be advanced with funding from this proposal:

Santa Monica’s CAAP goal CASM’s supporting role
Create a Community Climate
Action Network
Santa Monica Climate Action Network (SAMOCAN) formed in 2020 with 20-25 participants per session representing 14 organizations Convert existing natural gas
equipment and appliances to electric
Climate Corps energy track 2021 through current year educates about energy systems and City programs
Create equitable access to clean
energy programs
SAMOCAN event and advocacy for Solar in Multifamily Buildings.

Climate Corps energy project on Community Solar development.

Implement community choice
energy (CCE)
CASM steering committee members researched and educated on CCE formation 2014-2018, serve on CCE Community Advisory Board 2020 – current.

Increase local solar for residential
and commercial tenants
Solar Brunches in 2018-2020 exchanged solar experience among neighbors
Implement citywide organics
recycling
Outreach for green bin organics recycling in 2021 - current Zero waste outreach and education Conducted surveys related to plastic straw ban and promoted reusable bags at Farmers’ Markets
Expand safe routes programs Ongoing through Climate Corps to reduce car trips to school Prioritize transit-oriented affordable
housing
Climate Corps supported launch of Expo Line, CASM represented community for green housing development
Promote low carbon, low waste
lifestyles
Engaged over 2,000 people in climate surveys and conversations at public events
Increase climate and eco-literacy Hosted climate forums and educational events since 2013 Section 2: Program Design (50 points)
Funding from this grant will support the CASMCC working on climate-related projects. Work on organics and low-carbon systems also supports food insecurity. SMC and JVS SoCal working together with CASM and the City is particularly potent as it is a goal of JVS SoCal that youth in its programs access post-secondary education and certificate programs.

The Community Engagement fellows will be brought on board with training and mentorship provided by CASM staff. They will receive training in the digital tools used by CASM and guidance and support on community outreach. All of the Fellows will receive climate training during the two week CASMCC program, as well as real-life work experience. This can provide the City and regional contractors with an employee pipeline. On the ground, project Fellows will

5.D.b
Packet Pg. 52
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) 3 receive training specific to implementing their project. The Fellows will also be exposed to career options in the non-profit community organization space through their work with Climate Action Santa Monica and the CASMCC, opening up career options in that sector. The project will be implemented in phases.

Stage 1: Community Engagement Fellows. (April 2022-May 2024) Total of Four Fellows, two employed from April 2022 – June 2023, and two more employed from April 2023 to May 2024. (Fellows may reapply after the first year).

CASMCC Leadership and Support: CASMCC Fellows will assist with the management and training of CASMCC. This is an annual summer program with volunteer opportunities throughout the year. The Fellows will orchestrate CASMCC training, which includes both classroom and outdoor experiential learning. Classroom learning includes, for example, presentations on the CAAP and conversations with a local climate expert, and experiential learning includes activities such as working a compost pile, exploring active transportation for safe routes to school, and using digital tools to map local solar power options. Fellows will also help coordinate CASMCC project teams, helping the youth use their individual talents and skills to execute their projects. The Fellows will help the CASMCC share what they have learned with their communities, local leaders, and peers through letters, online posts, and meetings with city leaders. Because the summer CASMCC is an intensive program, Fellows from the first year may overlap for a few weeks with Fellows from the following year for training and support.

SAMOCAN (Santa Monica Climate Action Network): Fellows will orchestrate bi-monthly online SAMOCAN Climate Conversations and a series of year-round community-building programs which support the work of CASM and other climate-related groups. These may include citizen science participation in the Coastal Commission’s King Tides project, community garden workdays, and mobility workshops together with local businesses and community groups. This will connect them to local leaders in a variety of fields who may be good career supporters.

Digital Communication and Management: Fellows will coordinate and execute digital communication on upcoming events, city and state climate programs, and local people making a difference. They will update and maintain outreach and use CASMs contact management software. They will help administer tracking of Climate Corps related activities. They will develop online marketing and communication skills. Fellows will also help with program management including running meetings, tracking attendance, and coordinating the annual culmination ceremony. These will provide marketable skills in organizational management, community outreach, project management, communications, and operations.

Stage 2: On-the-ground Projects Team (July 2023-May 2024). Total of 12 Fellows. Six employed starting July 2023 to December 2023, plus six from January 2024 to May 1, 2024. (Fellows may reapply after the first six months.) Having people visible in the community makes implementing climate action more successful.

Projects under development may include:

5.D.b
Packet Pg. 53
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) 4 • an organics recycling outreach effort begun in 2021 to help support compliance with and education about the new state organics recycling mandates. An expanded team would put stickers on green organics bins, do lid checks to assist with compliance, and provide feedback to local landlords, individual homeowners, and city staff on the program. • an air quality citizen science project to assist data collection needed on air quality and temperature in Santa Monica’s Disadvantaged Communities (DACs) to respond to and support initiatives addressing extreme heat, building electrification, and transportation shifts. • community renewable energy outreach to help people take advantage of programs supporting access to local solar power and storage, particularly programs available to low income households.
• supporting implementation of new water conservation or reclamation programs.

Section 3: Youth Recruitment/Development (20 points)
Youth will be recruited through the channels of the project partners with JVS SoCal and SMC playing lead roles since they have established programs that can help reach youth meeting the grant’s criteria. The City of Santa Monica has an online jobs board which it promotes through email, social media, and its website. It also hosts job fairs. Local affordable housing organizations will be invited to promote the program.

CASM, through its connection to the community, recognizes that a number of youth are marginally or intermittently enrolled in school – or employed. We propose that youth who reside in our community who have had trouble finding steady employment or have had difficulty remaining in school be eligible for participation. We also propose that residing in a census tract identified by CalEnviroscreen 4.0 or as low income be an acceptable criteria for qualification.

In Santa Monica minimum wage is $15.00/hour and by ordinance may be increased based on the Consumer Price Index. Since no benefits are offered, we are offering $20.00/ hour for the On The Ground Project Fellows and $22.00/hour for the Community Engagement Fellows.

Section 4: Metrics/Outcomes (10 points)
The project partners can provide the metrics requested. Pre-hiring and exit interviews will be conducted. Experience shows that it can be difficult to generate data following completion of a youth program. So, Metrics/Reporting on items such as Percentage of youth who report an interest in a career in public service after one year of employment, may be difficult to obtain.

Section 5: Budget/Staffing/Communications (10 points)
The staffing plan is:
• City of Santa Monica Office of Sustainability will serve as point agency for the grant. • Climate Action Santa Monica (SEE) will serve as a sub-grantee. Staff of Climate Action Santa Monica, the Executive Director and Program Manager, will staff the program. When working on projects in coordination with a city department or agency, that group will help

5.D.b
Packet Pg. 54
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) 5 shape the program and provide supervision. CASM also has a contract with the City of Santa Monica. CASM’s Advisory and Steering Committees, which include people experienced in youth development and education, non-profit management, climate and sustainability, will advise on the program.
• Program development input will be provided by City departments, such as Office of Sustainability and the Office of Resource Recovery.
• JVS SoCal will identify youth to refer to CASMCC for consideration as six-month program Fellows and will welcome referrals from CASMCC of youth needing employment readiness services. Through the JVS SoCal-operated West Los Angeles America’s Job Center of California (AJCC) location in Culver City, JVS SoCal will provide engaged youth with soft skills and job readiness training, including creating a resume, practicing and preparing for interviews, reviewing personal hygiene and timeliness expectations, professional presentation and dress; better budgeting habits; and career exploration to determine longterm interest in sustainability careers. JVS SoCal will provide or refer youth to local partners for wraparound services beyond the scope of JVS SoCal’s services, such as for mental health or substance use needs or housing assistance. JVS SoCal will assist youth with reengaging in school and enrolling in an academic program. JVS SoCal will co-enroll program Fellows into the adult program at the West Los Angeles AJCC for additional job readiness services and employment training opportunities for young adults ages 18+, and will leverage these resources to the CASm project.
• SMC will assist with recruiting in partnership with JVS-Socal, support alignment of course options and certificates with the real life work experience, and provide career counseling as needed.
• Numerous local organizations and individual volunteers support the training and work of CASMCC.

The staffing plan for this grant is to hire two Community Engagement Fellows in April 2022 to work for fourteen months, and then two more Community Engagement Fellows to work for one year from June 2023 to May 2024. These Community Engagement Fellows are more mature and will possess more leadership ability and independent work capacity. They will help with CASM and the CASMCC. In June 2023, an additional six On the Ground Project Fellows will be hired to work part- time (20 hours) for six months. Then in January 2024, an additional crew of six On The Ground Project Fellows will be hired to work 20 hours per week until May 1, 2024.

Branding for the CaliforniaVolunteers will appear on City and CASMCC websites, on various communications, and in training presentations. The partner organizations will be able to place branding in some of their recruitment materials and communications. Additional branding opportunities will be considered as requested. The City of Santa Monica and Climate Action Santa Monica will be pleased to participate in a program launch with CaliforniaVolunteers.

Depending on specifics, SMC and JVS will be able to participate as well.

5.D.b
Packet Pg. 55
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City Of Santa Monica
#JP2001
Applicant: City of Santa Monica
Items Description Calculation Total Budget
Administrative Costs Grant and contract $ 28,000.00
Total $ 28,000.00
# Requested Hourly Salary # of Hours Total Budget
Fellow 1 Comm Engmt $ 22.00 1300 $ 28,600.00 4/1/22 thru 6/30/23, 20 hours per week for 65 weeks.

Fellow 2 Comm Engmt $ 22.00 1300 $ 28,600.00 4/1/22 thru 6/30/23, 20 hours per week for 65 weeks.

Fellow 3 Comm Engmt $ 22.00 1040 $ 22,880.00 5/1/23 thru 5/1/24, 20 hours per week for 52 weeks.

Fellow 4 Comm Engmt $ 22.00 1040 $ 22,880.00 5/1/23 thru 5/1/24, 20 hours per week for 52 weeks Fellows 5-10 OTG Team $ 20.00 520 $ 10,400.00 7/1/23 thru 12/31/23, 20 hours per week for 26 weeks Fellows 11-16 OTG Team $ 20.00 340 $ 6,800.00 1/01/24 thru 5/1/24, 20 hours per week for 17 weeks CBO CASM Proj. Mgr. $ 42.00 1296 $ 54,432.00 4/1/22 thru 5/1/24, 12 hours per week for 108 weeks CBO CASM Exec. Dir. $ 46.00 648 $ 29,808.00 4/1/22 thru 5/1/24, 6 hours per week for 108 weeks Total $ 204,400.00
Items Description Calculation Total Budget
Payroll taxes and heath care etc. FICA, Medicare, Workers 14.50% $ 29,638.00 Total $ 29,638.00
Items Description Calculation Total Budget % Allocation Cross Check JVS SoCal
work readiness and soft skills
workshops
$5000 per cohort of
6 youth * 2 cohorts:
provided as
leveraged costs $ -
SMC Career Counselor
6 participants x $75
per hr x 3 hrs /
month x 12 months x
35% benefits $ 24,740.00 8.56%
Climate Action Santa Monica Supplies, Uniforms, meals, $150 per Fellow $ 2,400.00 0.8% Total $ 27,140.00 9.4%
Total Budget Request $ 289,178.00
Total # of Fellows 16
Partner Status (Proposed or Secured) Contractual Amount Climate Action Santa Monica/SEE secured $ 236,438.00
Santa Monica College secured $ 21,870.00
JVS SoCal secured
Total $ 258,308.00
Exhibit B Budget Detail
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) List of Partners
CaliforniansForAll Youth Workforce Program (Revised 11/30/2021) I. Administration (Must Not Exceed 10% of Direct Award Amount) II. CaliforniansForAll Youth Workforce Fellows - Wage
III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs

5.D.b
Packet Pg. 56
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
Agreement #JP2001

EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Santa Monica

Page 1 of 1 ends

BUDGET PAYMENT PROVISIONS

1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

5.D.b
Packet Pg. 57
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
#JP2001
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed

5.D.b
Packet Pg. 58
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
#JP2001
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

5.D.b
Packet Pg. 59
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
#JP2001
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.

Invoicing Deadlines:

Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.

Financial Reporting Metrics:

Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:
• Expenditure Amounts
o Cumulative Expenditures (prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures (Current Cycle)
o Total Cumulative Expenditures
• Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
• Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance’s review and approval.

5.D.b
Packet Pg. 60
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
#JP2001
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

5.D.b
Packet Pg. 61
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
#JP2001
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.

Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-statelocal-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund/ • State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund_Reporting_Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

5.D.b
Packet Pg. 62
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City of Santa Monica
#JP2001
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

5.D.b
Packet Pg. 63
Attachment: CalifornianForAll Grant Agreement (5184 : California Volunteers Grant) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.E
1 of 3
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Adoption of a Resolution Approving Final Parcel Map No. 82756 for 2425 20th Street
Recommended Action
Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 82756 for a 3-unit condominium residential project located at 2425 20th Street.

Summary
This report transmits for City Council approval a Final Parcel Map for the following 3-unit condominium project. The Vesting Tentative Parcel Map was approved by the Planning Commission on May 20, 2020. In accordance with Santa Monica Municipal Code (“SMMC”) Section 9.54.070(G)(2), the Planning Commission’s decision could have been appealed to the City Council within 10 days; however, the City did not receive an appeal within that time frame. Additionally, pursuant to SMMC Section 9.39.020, no additional land use entitlements were required from the Planning Commission to approve the project. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER UNITS
82756 2425 20th St Scott Myers 3

5.E
Packet Pg. 64
2 of 3
The following table provides a brief summary of the project:

Zoning District R2 (Low Density Residential)
Parcel Area 6,750 SF
Parcel Dimensions 50’ W x 135’ D
Existing On-Site Improvements
(Year Built)
Single-Unit Dwelling (1928)
Rent Control Status Exempt
Historic Resources Inventory Status Property is not listed on the HRI AHPP Compliance Payment of Fee (Approx. $246,343.60)
Discussion
On February 27, 2020, a Vesting Tentative Parcel Map application (20ENT-0063) was submitted to the City Planning Division to create three residential condominium air space parcels on one land lot in the R2 zone district located at 2425 20th Street. On May 20, 2020, after a public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Vesting Tentative Parcel Map for the project. In accordance with SMMC Section 9.54.070(G)(2), the Planning Commission’s decision could have been appealed to the City Council within 10 days, but no appeal was filed. Additionally, pursuant to SMMC Section 9.39.020, the Vesting Tentative Parcel Map was the only entitlement required from the Planning Commission for approval of the project; however, the project will be subject to design review and approval by the Architectural Review Board and plan check review to ensure consistency with all provisions of the Zoning Ordinance. The action of the Planning Commission to approve the Vesting Tentative Parcel Map was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map. As a vesting tentative parcel map application, its associated approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting map is deemed complete by the City. In this case, the application was deemed complete on February 27, 2020, and therefore the development is subject to the development standards in effect at that time.

5.E
Packet Pg. 65
3 of 3
The developer will be required to show proof of payment of the condominium tax of $3,000 prior to issuance of building permit. The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no required offsite public improvements. The City Attorney's office has approved the Covenants, Conditions and Restrictions for the Final Map as complying with the conditions of the Tentative Map and applicable laws.

Financial Impacts
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Ross Fehrman, Associate Planner
Approved Forwarded to Council
Attachments:

A. Final Map Resolution - 2425 20th St

5.E
Packet Pg. 66
City Council Meeting: August 23, 2022 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR PARCEL NO. 82756
TO SUBDIVIDE A PROPERTY AT 2425 20th STREET
WHEREAS, on May 20, 2020, the Santa Monica Planning Commission approved a vesting tentative parcel map to create three residential condominium airspace parcels on one land lot at 2425 20th Street; and
WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the vesting tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the vesting tentative map; and WHEREAS, the final parcel map conforms to the vesting tentative parcel map; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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

5.E.a
Packet Pg. 67
Attachment: Final Map Resolution - 2425 20th St [Revision 2] (5237 : Adoption of Final Map for 2425 20th Street) SECTION 1. That the Final Map for Parcel No. 82756 in the City of Santa Monica is hereby accepted and approved.

SECTION 2. That the City Clerk hereby is authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. That 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:
_________________________
Douglas Sloan, City Attorney

5.E.a
Packet Pg. 68
Attachment: Final Map Resolution - 2425 20th St [Revision 2] (5237 : Adoption of Final Map for 2425 20th Street) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.F
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of First Modification to Contract with Siemens Industry, Inc. for Facility Security Equipment, Systems, and Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10666 in the amount of $1,500,000 with Siemens Industry, Inc. (Siemens) a California-based Company for facility security equipment, systems, and services, including related equipment and supplies for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and would result in a ten-year amended agreement with a new total amount not to exceed $3,000,000 with future year funding contingent on Council budget approval.

Summary
The City utilizes access control equipment in various City facilities to improve workplace security by limiting access to various areas of those facilities. These systems require regular maintenance, upgrades, and enhancements to both hardware and software components. To accommodate the necessary repairs and expansion of these systems throughout City facilities, staff recommends modifying the existing agreement with Siemens in an amount of $1,500,000 for a new contract amount not to exceed $3,000,000 over ten years for access control.

Discussion
The National Joint Powers Alliance (NJPA- which became Sourcewell on June 6, 2018) conducts cooperative purchasing procurement by, or on behalf of, one or more Public Procurement Units. In 2021, NJPA solicited and issued a new request for proposals

5.F
Packet Pg. 69
2 of 3
(RFP) #030421-SIE for the procurement of facility security equipment, systems, and services with related equipment and supplies. Upon completion of the RFP process, a contract was established with Siemens which includes manufacturer volume discounts and rebates for NJPA members, a multi-year contract term, and price verification mechanisms to assure pricing compliance and accuracy through 2025. NJPA contracts are supported and widely used by government agencies throughout the United States.

As a member, the City of Santa Monica can participate in NJPA contracts and subsequently entered into Agreement #10666 (CCS) with Siemens in 2018 for access control systems for a not-to-exceed contract of $1,500,000 over five years. Section

2.24.250 (c) of the Municipal Code allows exception to competitive bid procedures when such competitive bid procedures have already been utilized, such as in purchasing by Federal, State, County, City or special district government agencies, or by cooperative purchasing agencies consisting of such agencies.

Modifying the existing multi-year agreement #10666 (CCS) with Siemens would provide staff with the flexibility to schedule service calls and complete pending and new installation requests. Ongoing requests for security access projects from various city departments exceed the current contract authority. These requests are for new projects at the Civic Parking Lot Structure, Public Works City Yards Facilities, and the Fire Training Facility as well as upgrades to old equipment in Historic City Hall and the Main Library.

Past Council Actions
Meeting Date Description
04/24/2018
(attachment A)
City Council authorization to negotiate and execute an
agreement with Siemens Industry, Inc., for facility security equipment, systems, and services, including related
equipment and supplies, and for building automation
systems upgrades and expansion.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from various funds to increase the amount of contract with Siemens for access control equipment installation and maintenance

5.F
Packet Pg. 70
3 of 3
services at various City facilities.

Contract Modification Request
Agreement # Contract
Authorized
Amount
FY2022-23
Modified Request
Amount
Dept/CIP
Account
Total Revised
Contract
Amount
10666 $1,500,000 $1,500,000 Various $3,000,000
Future year funding is contingent on Council budget approval.

Prepared By: Alex Parry, Senior Architect
Approved Forwarded to Council
Attachments:

A. Siemens_Staff Report_4-24-18
B. Siemens_Contract_10666
C. Siemens_Oak_5-27-22

5.F
Packet Pg. 71
City Council
Report
City Council Meeting: April 24, 2018
Agenda Item: 3.L
1 of 4
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department Susan Cline, Director, Public Works Department
Subject: Contractual Services Agreement for Facility Security Equipment and Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute an agreement with Siemens Industry, Inc. (Siemens), a California-based company, facility security equipment, systems and services, including related equipment and supplies in an amount not to exceed $1,500,000 over five years, with future year funding contingent on Council budget approval; and

2. Authorize the City Manager to negotiate and execute an agreement with Siemens for building automation system upgrades and expansion in an amount not to exceed $1,215,847 (including a 10% contingency).

These recommended awards are made as an exception to the competitive bidding process pursuant to Section 2.24.080 (b), in a total amount not to exceed $2,715,847.

Executive Summary
The City utilizes access control and building automation system (BAS) equipment installed at various City facilities to control facility access, mechanical systems, and energy use. These systems require regular maintenance, upgrades, and enhancements to both hardware and software components. To accommodate the necessary repairs and expansion of the facility access control and BAS systems throughout City facilities, staff recommends entering into contracts with Siemens in an amount not to exceed $1,500,000 over five years for access control and in an amount not to exceed $1,215,847 (including a 10% contingency) for building automation systems, which would result in a total amount not to exceed of $2,715,847. For the first year, staff anticipates spending a total of $300,000 on access control and the entire $1,215,847 on BAS equipment and services, for a total first year amount of $1,515,847.

Background

5.F.a
Packet Pg. 72
Attachment: Siemens_Staff Report_4-24-18 (5238 : Siemens Contract Modification) 2 of 4
The need for facility access control (both internally and externally as needed) and BAS improvements and modifications at City buildings such as the Library, City Hall, Public Safety Facility, and other locations, has grown over the years. The access control requests are the result of retrofits to various areas of City Hall stemming from the construction of the City Services Building and the need to enhance security at City locations. The BAS requests are largely the result of needing additional monitoring and control of additional systems or sites throughout the City. Installation and maintenance of both of these types of systems require the services of certified service experts, such as Siemens, that specialize in such control systems.

Discussion
Facility Access Control
Awarding a multi-year purchase order to Siemens will give staff the flexibility to schedule service calls and projects as needed to complete a significant backlog of pending projects and address new installation requests.

Staff is currently working to implement a comprehensive security and access strategy and has identified six priority locations as well as 20 to 30 additional locations where access control should be installed and standardized before the City Services Building (CSB) opens in 2020.

Facility Building Automation System
The City currently uses a proprietary Siemens Industry BAS to monitor and control the mechanical systems and energy usage at six existing facilities (Public Safety Facility, City Hall, Ken Edwards Center, Parking Structure 6, Annenberg Beach House, Pico Library) and is scheduled to add two additional sites as part of their new construction (City Services Building and Fire Station 1). A portion of the hardware and software from the existing system has reached the end of its useful life, is no longer supported by Siemens, and must be replaced. In addition to these necessary repairs, staff recommends expansion of the system by installing and equipping four additional sites with Siemens BAS controls (Main Library, Virgina Avenue Park Teen and Park Centers, Fire Station 2, Airport Administration Building).

5.F.a
Packet Pg. 73
Attachment: Siemens_Staff Report_4-24-18 (5238 : Siemens Contract Modification) 3 of 4
Siemens BAS provides computerized controls and real time graphics to let staff see what is happening with the heating, ventilation, and air conditioning (HVAC) equipment in a building without multiple trips to the site, thereby saving on costly problem determination visits and simplifying maintenance operations. Computerized controls monitor HVAC equipment status and helps in heading off unexpected problems. They also help to maintain even temperatures and humidity levels within the facilities in order to provide measured comfort, which then leads to reduction of overrunning the equipment and hence saving energy. Moreover, running the equipment less and controlling it more efficiently reduces wear and tear, keeps maintenance costs down, and extends equipment life expectancy. The automated fault detection and diagnostics of these newer systems have been found to help reduce downtime and operations and maintenance costs by as much as 30%.

Vendor Selection
In 2017, National Joint Powers Alliance (NJPA) solicited and issued request for proposals (RFP) #031517 for the procurement of facility security equipment, systems, and services with related equipment and supplies. Upon completion of the RFP process, a contract was established with Siemens, which includes manufacturer volume discounts and rebates for NJPA members, a multi-year contract term, and price verification mechanisms to assure pricing compliance and accuracy. NJPA contracts are supported and widely used by government agencies throughout the United States.

As a member, the City of Santa Monica can participate in NJPA contracts. By entering into a contract with Siemens, all pricing would be based on NJPA contract # 031517- SIE.

Section 2.24.080 (b) of the Municipal Code allows exception to competitive bid procedures when such competitive bid procedures have already been utilized, such as in purchasing from Federal, State, County, City or special district government agencies, or from cooperative purchasing agencies consisting of such agencies.

Financial Impacts and Budget Actions

5.F.a
Packet Pg. 74
Attachment: Siemens_Staff Report_4-24-18 (5238 : Siemens Contract Modification) 4 of 4
The agreement to be issued to Siemens for access control is for an amount not to exceed $1,500,000 over five years. Funds for access control related equipment and services are included in the proposed FY 2017-18 budget within departments’ budgets. Budget authority for subsequent years will be requested in each budget for Council approval. Future year funding is contingent on Council budget approval.

The agreement to be issued to Siemens for BAS improvements is for an amount not to exceed $1,215,847 (including a 10% contingency). Funds are available in the FY 2017-18 Capital Improvement Program budget in the Public Works Department. The agreement will be charged to the following account: M010085.589000.

Prepared By: Ivo Nkwenji, Lead Systems Analyst, Information Systems Approved Forwarded to Council
Attachments:

A. OAKS Initiative Form Siemens

5.F.a
Packet Pg. 75
Attachment: Siemens_Staff Report_4-24-18 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 76
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 77
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 78
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 79
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 80
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 81
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 82
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 83
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 84
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 85
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 86
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

5.F.b
Packet Pg. 87
Attachment: Siemens_Contract_10666 (5238 : Siemens Contract Modification)

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 #
Siemens Industry, Inc
Directors: Ruth Gratzke & Marsha Smith
Elected Officers: Ruth Gratzke - CEO, Marsha Smith - CFO, Craig Langley - General Counsel Dr. Roland Busch, Cedrik Neike, Matthias Rebellius, Prof. Dr. Ralf P. Thomas, Judith Weise Zach Weinman
[email protected]
Sales Manager
5/27/2022
657-337-6962
Digitally signed by Weinman Zachary
DN: cn=Weinman Zachary, o=Siemens,
[email protected]
Date: 2022.05.27 15:59:12 -07'00'
Weinman Zachary

5.F.c
Packet Pg. 88
Attachment: Siemens_Oak_5-27-22 (5238 : Siemens Contract Modification) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.G
1 of 4
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Authorize the City Manager to negotiate and execute an agreement with Dr.

Summary
The City’s Emergency Operations Center, in response to the COVID-19 pandemic, implemented testing protocols for first responders, Public Works Department personnel, and staff with facilities where the COVID-19 virus was detected. Additionally, in alignment with CalOSHA and Los Angeles Department of Public Health orders, persons who are present within a facility where a COVID-19 outbreak was detected, were provided an opportunity to conduct testing on-site at no cost to the employee.

Under authority granted under emergency orders, the City engaged the services of Fawad Zafar Khan M.D., dba USMD Direct (“USMD”) to provide emergency COVID-19 testing because their operation could provide all services required to respond to the COVID-19 pandemic, the City had an existing relationship with the vendor, and they could deploy to City facilities within 24-hours upon request. Staff now seeks authority to enter a contract with USMD to memorialize the scope of work provided by the vendor starting in January 2021 and concluding December 2021. The contract authority will

5.G
Packet Pg. 89
2 of 4
provide staff the means to seek Federal Emergency Management Agency (FEMA) reimbursements for the costs totaling $115,000.

Discussion
Similar to many other corporations and public agencies, the City of Santa Monica was required to maintain essential services and conduct emergency operations during the COVID -19 pandemic. The City instituted various COVID-19 testing options for staff to ensure operational continuity of vital City services, as well as enhance public trust that accessing such services would be safe. Following the recommendations of medical professionals, CalOSHA regulations, and local Health Officer Orders, the City implemented various options for COVID-19 testing.

Under the terms of the City’s emergency testing protocols, all employees who were identified by the Designated Infection Control Officer, Safety Officer, or a close contract as defined by public health guidance were permitted to access COVID-19 testing to continue working, return to work, or confirm an on-site infection. To facilitate this testing, staff sought the services of USMD, which provided alternative medical services for other City departments.

USMD provided administration, processing, and reporting associated with the COVID19 tests which were performed by a registered nurse. The reports provided to staff supported the Safety Officer and Emergency Operations Center staff with contact tracing and infection control. USMD provided on-site testing and laboratory processing for personnel who have been exposed to the COVID-19 virus through the course of their work.

The City administered routine testing at several times and at different City locations throughout 2021. The City deployed approximately 1,100 tests to employees who have sought testing during the height of the pandemic. The cost for these services throughout 2021 was exactly $111,670.00 and staff anticipate the $115,000 authority will provide authorization for all testing services and provide contingencies for any missing invoices not provided by the vendor. The City remains eligible for

5.G
Packet Pg. 90
3 of 4
reimbursement for qualifying expenses from the Federal Emergency Management Agency (FEMA) associated with the COVID-19 response.

Due to the expedited timeline, staff were unable to perform a traditional competitive bidding process; however, staff did conduct an informal cost assessment and negotiated the cost with the selected vendor. Staff now seeks Council authority to enter a retroactive contract with USMD as well as for Council to exempt this purchase from the City’s competitive bidding process due to the urgency of the service to keep the City’s workplace and public services safe.

FEMA continues to reimburse eligible cost at 100 percent from the beginning of the COVID-19 incident through July 1, 2022. These costs will be submitted for FEMA reimbursement to the City’s General Fund. All reimbursements received from the FEMA will be allocated to the City’s General Fund. Timelines associated with receiving reimbursement may be extended and will depend on requests for information and grant operations being conducted by FEMA.

Financial Impacts and Budget Actions
Staff seeks authority to retroactively approve funds which have been utilized from the General Fund to award a retroactive contract to USMD for COVID-19 testing and related services for City employees.

Contract/Agreement/Purchase Order Request
Expenses incurred through
2021 Department/CIP Account # Total Contract Amount
$115,000  01200014.553150 $115,000
Staff will seek reimbursement from FEMA for all qualifying COVID expenditures for as long as allowed. All reimbursements received from FEMA will reimburse the City’s General Fund. Staff will submit applications to FEMA for reimbursement; however, due to processing delays at the agency, reimbursement funds may be received by the City in later fiscal periods

5.G
Packet Pg. 91
4 of 4
Prepared By: Steven Torrence, Emergency Services Administrator Approved Forwarded to Council
Attachments:

A. Signed Oaks Form for Dr. Fawad Zafar Khan dba USMD Direct

5.G
Packet Pg. 92

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: F28A4494-9A38-41AA-A466-233786CC5257

5.G.a
Packet Pg. 93
Attachment: Signed Oaks Form for Dr. Fawad Zafar Khan dba USMD Direct (5263 : City COVID Testing Services with USMD Direct)

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 # ___________________________ 6/15/22 [email protected] 310-913-0019 Fawad Zafar-Khan CEO Fawad Zafar-Khan Fawad Zafar-Khan, Sadia Zafar-Khan USMDDirect, Inc.

DocuSign Envelope ID: F28A4494-9A38-41AA-A466-233786CC5257

5.G.a
Packet Pg. 94
Attachment: Signed Oaks Form for Dr. Fawad Zafar Khan dba USMD Direct (5263 : City COVID Testing Services with USMD Direct) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Authorize the City Manager to negotiate and execute an agreement with Keystone Medical Resources, Inc for Citywide Employee COVID-19 Contact Tracing and Internal Healthcare Advisement
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Keystone Medical Resources, Inc for city-wide, employee COVID-19 contact tracing and internal healthcare advisement. This recommended award is made as an exception to the competitive bidding process pursuant to Section

2.24.250 (i) and is for a total amount not to exceed $150,000 with future year funding contingent on Council budget approval.

Summary
Starting in November 2021 with the COVID-19 Omicron variant outbreak, the Santa Monica Emergency Operations Center, with the administrative direction from the Office of Emergency Management, transitioned COVID-19 contact tracing activities away from City personnel to an existing City vendor, Keystone Medical Resources, due to the specific skills and healthcare training necessary to determine “close contacts”, quarantine, and isolation protocols for City staff as related to COVID-19. The City has approximately 2,000 employees who have access to this emergency service.

Contact tracing was mandated for employees required to work on-site and potentially exposed to COVID-19. The City sought the services of Keystone Medical Resources, Inc to provide professional services related to COVID-19 contact tracing and medical advisement from a registered nurse after business hours, over the weekend, and throughout the work week, as required. Keystone Medical Resources, Inc was a vetted

5.H
Packet Pg. 95
2 of 4
vendor through the City’s Risk Division and had previously shown to provide the needed medical support for services requested of the Finance Department.

Staff now seeks authority to enter a professional services contract with Keystone Medical Resources, Inc to provide these ongoing contact tracing services for an amount not to exceed $150,000 through the end of the COVID-19 emergency order. Staff will seek reimbursement from the Federal Emergency Management Administration (FEMA) for all qualifying costs associated with this service.

Discussion
In preparation for a winter 2021 COVID-19 surge, the City’s Emergency Operations Center sought professional services for the implementation of COVID-19 contact tracing and medical advisement services. Under the emergency response model utilized from March 2020 through November 2021, the City utilized as-needed and full-time staff to support contact tracing activities; however, the complexity of the medical care requested required services from trained medical professionals during and outside of normal business hours.

In anticipation of higher call volume and complex contact tracing cases, the City onboarded a temporary vendor to support three months of contact tracing. Under the initial agreement, the staff expected cost to remain under the approved procurement threshold of $25,000; due to the spread of the omicron variant, cases increased and did not return to manageable levels which could be supported by staff internally. In response to this surge, the City instituted enhanced contact tracing to ensure operational continuity of vital City services as well as enhance public trust that accessing such services will be safe.

Due to an expedited timeline, and in alignment with the emergency powers and provisions of the Santa Monica Municipal Code, staff were unable to seek formal proposals; however, staff did negotiate a reasonable cost with the selected vendor for an hourly rate of $95 per hour with a guaranteed minimum of 35 hours of service per month. Staff referenced existing agreements and fee schedules with the selected

5.H
Packet Pg. 96
3 of 4
vendor to determine reasonable cost for the professional services. The Risk Management Division conducted an informal evaluation and found the quote provided by the vendor for nursing services was consistent with similar services provided to the City in the area of medical advisement and worker’s compensation. The City provides this emergency contact tracing service solely to City staff and will discontinue this service once the emergency order has been lifted or COVID-19 infections reduce to a level where professional medical services are no longer required.

The cost for these services from November 1, 2021, to date is approximately $55,000 and within the approval authority of the City Manager. Staff anticipates the $150,000 authority will provide contact tracing services through the end of FY 2022-23. The City remains eligible for reimbursement for qualifying expenses from the Federal Emergency Management Administration (FEMA) associated with the COVID-19 emergency. FEMA is currently reimbursing 100 percent of eligible costs through June 30, 2022, and 90 percent for cost incurred on or after July 1, 2022.

Staff will seek reimbursement from FEMA for all qualifying COVID expenditures for as long as permissible. All reimbursements received from the FEMA will be allocated to the City’s General Fund. Timelines associated with receiving reimbursement may be extended and will depend on requests for information and grant operations being conducted by FEMA. The Financial Operations Division with the support of the Office of Emergency Management will immediately track all cost allocated to this project. Upon completion of the project, Staff will submit a project (application) to FEMA with the full cost associated with this project.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a contract with Keystone Medical Resources, Inc. for COVID-19 contact tracing and related services for City employees. Future year funding is contingent on Council budget approval. The City anticipates to recover ninety and one-hundred percent of the cost associated with this contract, as these services are eligible for reimbursement through FEMA under the COVID-19 Presidential Declaration.

5.H
Packet Pg. 97
4 of 4
Contract Request
FY 2021-22 FY 2022-23 Department Account # Total Contract Amount $55,000 $95,000 01200014.553150 $150,000
Prepared By: Steven Torrence, Emergency Services Administrator Approved Forwarded to Council
Attachments:

A. 20202 Keystone Oaks Form

5.H
Packet Pg. 98

5.H.a
Packet Pg. 99
Attachment: 20202 Keystone Oaks Form [Revision 1] (5264 : Agreement with Keystone for COVID Contact Tracing) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.I
1 of 4
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Award RFP 304 to Locality Media LLC (DBA First Due) for Preplan, Fire Inspection and other Fire Related Records Management Software for the Fire Department
Recommended Action
Staff recommends that the City Council:

1. Award RFP 304 to Locality Media LLC (DBA First Due) for Preplan, Fire Inspection, and other Fire related records management software for the Fire Department

Summary
The Santa Monica Fire Department (“SMFD”) responds to approximately 17,000 calls for service annually, including responding to fire, medical, and other emergencies. The Department currently responds from five stations utilizing seven front-line engines, one staffed aerial ladder truck, one Hazardous Materials Unit, one Urban Search and Rescue Unit, one Aircraft Rescue Firefighting Unit, and one Battalion Chief Command Vehicle. The Fire Prevention Division completed 5,482 annual inspections in FY2021-

22. The Department utilizes approximately forty iPads and thirty cell phones to perform daily services. Locality Media LLC DBA First Due has been selected as the best bidder to deliver to SMFD a software application that provides an automated preplanning user interface that can be viewed by responding units based on the address of an incident and can also provide electronic fire inspection capabilities.

5.I
Packet Pg. 100
2 of 4
Discussion
SMFD was in need of a solution that could provide situational awareness by displaying a list of all current active incidents and could provide push notifications to all SMFD employees. This software would provide users with any relevant pre-incident plans associated with the building, then push notifications to department mobile devices. This is important for Fire Department personnel to determine the resources and actions necessary to mitigate anticipated emergencies at a specific facility. The First Due software will interface with the City’s Computer aided Dispatch (CAD) System and can provide real-time data to Fire first responders.

The First Due solution will allow Fire Prevention personnel to:
• access all of the City’s current fire inspection data • conduct in-the-field electronic inspections of various occupancies • create an inspection report following the inspection with capability to print or send to the customer electronically
• create, issue and track annual permits
• create analytical reports for inspections, permits and invoicing data First Due’s improved inspection reporting functionality will allow inspection data to be transmitted to the third-party biller in real time improving efficiencies and collection capacity. The software has automated functionality that can export billing data to the City’s Tyler Munis Enterprise Resource Provider which will allow for the automated processing of inspection invoices. This software is also compatible with the existing iPad tablet devices owned by the Fire Department.

Bidder Recommendation
Best Qualified Firm Locality Media LLC DBA First Due
Evaluation Criteria The following criteria was used to determine best qualified firm: experience and ability to perform, project approach, value added/breadth of service, and virtual demonstration of software functionality.

Municipal Code SMMC 2.24.190

5.I
Packet Pg. 101
3 of 4
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/27/2022 City's Online
Bidding Site
Santa Monica Daily Press 4 02/14/2022
Submittals Received
Locality Media LLC DBA First Due
Advanced Problem Solving
Best Bidder Justification
Locality Media LLC DBA First Due is deemed the best bidder due to their experience with other fire agencies, their aptitude to articulate their ability to perform the scope of work, the identified project approach, and their virtual demonstration of software functionality which exhibited their value added and breadth of services provided.

The second bidder, Advanced Problem Solving was scored as a non-responsive bidder since they could not perform the scope of work as detailed in the Request for Proposal specifications.

5.I
Packet Pg. 102
4 of 4
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award an agreement with Locality Media LLC DBA First Due for Preplan, Fire Inspection and other Fire related records management software services. Future years funding is contingent on Council budget approval.

Agreement Request
FY 2022-23 Budget Request Amount Operating Account # Total Contract Amount $58,683  01190001.529230 $340,000
Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. First Due Oaks Initiative Form

5.I
Packet Pg. 103

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.I.a
Packet Pg. 104 Attachment: First Due Oaks Initiative Form (5274 : Award RFP for Preplan, Inspection, Records Software for Fire Department) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.J
1 of 4
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Award Bid #RFP No. 315 to Wittman Enterprises, LLC for Third Party Billing Services for the Fire Department
Recommended Action
Staff recommends that the City Council:

1. Award the contract for RFP 315 to Wittman Enterprises, LLC for Third Party Billing Services on behalf of the Fire Department

2. Authorize the City Manager to negotiate and execute an agreement with Wittman Enterprises, LLC for seven percent (7%) of net collections derived from Fire Prevention Billing and Collection Services for a total amount not to exceed $700,000 for a five-year term, with future years funding contingent on Council budget approval.

Summary
The Santa Monica Fire Department (“SMFD”) responds to approximately 17,000 calls for service annually, including responding to fire, health, and other emergencies. The Santa Monica Fire Department is an all-hazards organization with a Class One Insurance Services Organization (ISO) rating. The Fire Suppression and Rescue (Operations) Division operates out of five Fire Stations and provides daily staffing of thirty-four firefighters to protect the City, with one Battalion Chief overseeing the on-duty crews. The Fire Prevention Division completed 5,482 annual inspections in FY2021-22; during a standard non-COVID year approximately 7,500 annual inspections are completed. The Fire Department seeks to enter into negotiations with Wittman Enterprises to provide the Department with a robust electronic billing system.

Discussion

5.J
Packet Pg. 105
2 of 4
SMFD is in need of a more efficient and capable billing system that can provide a range of billing for fire inspections and other fire prevention services that are consistent with the City’s adopted annual fee schedule.

Fire Prevention currently does not have the ability to bill electronically and must make multiple entries of the same data to ensure an inspection or plan check are accurately recorded and billed. The current inspection billing is processed by the Finance Department’s utility billing software which was never intended to serve as a long-term solution for Fire billing. The current system is inefficient and does not provide the department the capacity to reconcile records and billing, nor does it provide notice when a business is out of compliance. The Department is transitioning to a new preplanning and inspection software system which has the capacity to integrate with Wittman for billing purposes. Although the City will be paying Wittman a pre-agreed upon 7% of net revenue collected, the improved billing processes and efficiencies are expected to increase the total amount of revenue billed and collected on behalf of the Fire Department.

5.J
Packet Pg. 106
3 of 4
Bidder Recommendation
Best Bidder Wittman Enterprises, LLC
Evaluation Criteria The following criteria was used to determine best bidder:
method of approach, qualifications of experience,
reasonableness of cost, completeness of proposal, and value added/breadth of service.

The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

The City is not required to select the bid with the lowest price.

The second bidder, Captivate Billing was scored as a nonresponsive bidder since they could not perform the scope of work as detailed in the Request for Proposal specifications.

Municipal Code SMMC 2.24.180
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/17/2022 City's Online
Bidding Site
Santa Monica Daily
Press
3 04/14/2022
Best Bidder Justification
Wittman Enterprises, LLC is deemed the best bidder due to their industry expertise, completeness of proposal, cost, and value added.

Bid Data
Submittals Received
Wittman Enterprises, LLC 7% of Net Revenue for Fire Prevention Billing Captivate Billing Did not submit for Fire Prevention Billing

5.J
Packet Pg. 107
4 of 4
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award an agreement with Wittman Enterprises, LLC for Third Party Billing Services. Wittman will bill inspections and collect payments on behalf of the City, prior to submitting the weekly collection revenues, Wittman will retain their 7% of net revenues. Based on current Fire Prevention activity, it is projected the annual amount Wittman will retain for their services is $140,000. Fire does not anticipate a reduction in budgeted revenue as a result of improved billing and collection practices.

Future year funding is contingent on Council budget approval.

Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Wittman Oaks

5.J
Packet Pg. 108

5.J.a
Packet Pg. 109 Attachment: Wittman Oaks (5282 : Award Bid #RFP No. 315 to Wittman Enterprises, LLC for Third Party Billing Services for the Fire Dep) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.K
1 of 3
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Adoption of a Resolution accepting a report on the status of all statemandated annual fire inspections in the City of Santa Monica in conjunction with SB1205 and California Health and Safety Code Section 13146.4.

Recommended Action
Adopt a Resolution acknowledging receipt of a report on the status of state mandated annual fire inspections in the City of Santa Monica pursuant to California Health and Safety Code Section 13146.4
Summary
With the signing of SB 1205 (Hill) on September 27, 2018 by the Governor, the California Health and Safety Code was amended by adding Section 13146.4, which requires that all fire departments perform annual inspections pursuant to Sections 13146.2 and 13146.3 and report annually to its administrating authority on its compliance. These sections mandate that annual inspections of all public and private schools, hotels, motels, lodging houses, and all apartment and condominium buildings be performed by the fire department. The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code. The Fire Department completed annual fire inspections of these facilities for Fiscal Year 2021-2022. A resolution to accept the City’s FY 2021-22 annual fire inspections report is included as Attachment A.

Discussion
SB 1205 requires that every city or county fire department or district to perform the above- described inspections and to report annually to its administering authority on

5.K
Packet Pg. 110
2 of 3
the department or district’s compliance with the above-described inspection requirements. The bill also requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. Further, the acceptance of this compliance report and the recommended Resolution fulfills the statutory requirements contained in California Health and Safety Code Sections 13146.2, 13146.3 and 13146.4, as amended by SB 1205.

The California Building Code also specifies that condominiums should be considered apartments for building code application. An apartment shall consist of three or more attached units and excludes all duplex style buildings. Last fiscal year, the Fire Department inspected 3,861 apartment/condominium buildings with three or more units.

The following is the mandated reporting of the inspections from the Santa Monica Fire Department for the Fiscal Year 2021-2022.

Occupancy
Type
Inspections
Completed Total Number
Percentage
Completed
Schools Public 18 18 100%
Schools Private 40 40 100%
Jails SMPD PSF 1 1 100%
Multi-Family
Residential
Three Units + 3,548 3,861 92%
Total Inspections Completed
*Only 92% of Multi-Family Residential were
completed due to staffing shortage.
3,607
During Fiscal Year 2021-2022 the Fire Department conducted 3,607 state-mandated annual inspections under California Health and Safety Code Sections 13146.2, 13146.3 and 13146.4 and 1,875 other types of annual inspections shown in the table below.

In addition to the mandated reporting of the specific occupancies above, the following are the remaining inspections conducted by the Santa Monica Fire Department on an annual basis, reported for Fiscal Year 2021-2022.

5.K
Packet Pg. 111
3 of 3
Occupancy Type
Inspections
Completed
Total
Number
Percentage
Completed
Assemblies, Institutions,
Hospitals
212 328 64%
Highrise 80 80 100%
Underground Storage Tanks 39 39 100%
New Construction Plan Review
and Inspections
1,544 1,544 100%
Business and Mercantile** 0 4,139 0%
*Assemblies, Institutions, Hospitals were not all completed due to staffing shortages and shifting of duties to ensure state mandated inspections were completed. In FY2022-23, inspections for Assemblies, Institutions, Hospitals will be on track targeting a 100% completion rate. **Business and Mercantile inspections are not state mandated inspections and due to staffing shortages were not completed to ensure state mandated inspections were completed. Business and Mercantile inspections will commence again in FY2022-23.

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

Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. SB 1205 21-22 Reso

5.K
Packet Pg. 112
Attachment A
1 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT ON THE STATUS OF

STATE MANDATED ANNUAL FIRE INSPECTIONS IN THE CITY OF SANTA MONICA PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Monica Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided and, WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Santa Monica Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and,
WHEREAS, the City Council of the City of Santa Monica intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Santa Monica Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Monica that said Council expressly acknowledges the measure of compliance of the

5.K.a
Packet Pg. 113 Attachment: SB 1205 21-22 Reso [Revision 1] (5283 : Accept Report on Annual Fire Inspections Per SB1205) Attachment A
2 Santa Monica Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Santa Monica as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Santa Monica, there are 58 Group E occupancies, buildings, structures and/or facilities.

During the fiscal year 2021-2022, the Santa Monica Fire Department completed the annual inspection of 58 Group E occupancies, buildings, structures and/or facilities.

This is a compliance rate of 100% for this reporting period.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different subclassifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc.

The residents may also be non-ambulatory or bedridden. Within the City of Santa Monica, there lie 3,861 Group R (and their associated sub-categories) occupancies of this nature.

5.K.a
Packet Pg. 114 Attachment: SB 1205 21-22 Reso [Revision 1] (5283 : Accept Report on Annual Fire Inspections Per SB1205) Attachment A
3 During the fiscal year 2021-2022, the Santa Monica Fire Department completed the annual inspection of 3,548 Group R occupancies, buildings, structures and/or facilities.

This is a compliance rate of 92% for this reporting period.

APPROVED AS TO FORM:

BY:

DOUGLAS SLOAN, City Attorney

5.K.a
Packet Pg. 115 Attachment: SB 1205 21-22 Reso [Revision 1] (5283 : Accept Report on Annual Fire Inspections Per SB1205) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.L
1 of 3
To: Mayor and City Council
From: David White, City Manager, City Manager's Office, Office of Communications Subject: Approval of Third Modification of Agreement #4268 with Hootsuite for Social Media Management Software
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a modification to agreement #4268 (SAAS) with Hootsuite Media, Inc. in an amount of $195,755 for software and tools to manage dozens of social media pages, protect account security and provide accurate and timely information to the Santa Monica community for the City Manager’s Office. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (a-i) and will result in an amended 11-year agreement with a new total amount not to exceed $427,250 with future year funding contingent on Council budget approval.

Summary
Hootsuite is commonly recognized as the industry standard for social media management and enables staff to centralize management of the City's multiple social media accounts, including Facebook, Twitter, and Instagram. The platform has been an integral part of the City’s social media management since 2016 and is currently used to schedule and manage City social media content by over 25 City users across multiple departments. The centralized management structure allows for a streamlined workflow for approval and content posting, saving valuable staff time in all departments, while also allowing City departments to respond to community questions. Additionally, Hootsuite's advanced analytics capabilities that track impressions, engagements, sentiments, etc. help the City reach more of our constituents with important messaging. Staff have used Hootsuite since 2016, migrating City accounts and stats to a different platform would prove burdensome. Hootsuite has agreed to pricing for the

5.L
Packet Pg. 116
2 of 3
City for the next five years. Staff, therefore, recommends extending the existing agreement for that term.

Discussion
The City’s agreement with Hootsuite was first executed in 2016 and was renewed in 2018 and 2020. Over the past six years, Hootsuite has been an essential tool in our efforts to consolidate the City’s social media accounts and speak with our constituents in one unified voice. Following the initial lift of training staff users and integrating the original 150 social media accounts onto the platform, Hootsuite now seamlessly facilitates thousands of City social media posts each year. In recent years, it has proven essential to the City’s communication efforts during the Covid-19 Pandemic, the 2020 Uprisings, and other high-stress events where quick and consistent communication has been crucial.

Vendor Selection
Exception to Competitive Bidding
Staff recommends Hootsuite Corporation to furnish and deliver/provide social media management tools and software as an exception to competitive bidding per Muni Code

2.24.250 (b).
b. when a good or service is copyrighted, patented or only available form one license holder, including, proprietary goods, original equipment manufacturers and/or exclusive distributors.

Vendor Justification
The City began use of Hootsuite in 2016 and it is now the implemented solution to manage the City’s 60+ social media accounts and over 25 staff are trained on the software and use it regularly. This consolidation allowed the City to ensure key information and messages reached the broadest possible audience, increased consistency of messages across channels, minimized liability, and increased cooperation between departments on outreach efforts. The centralized management structure has allowed for a streamlined workflow for content approval and posting; saving valuable staff time in all City departments. Hootsuite has advanced analytics capabilities that track impressions, engagements, sentiments, spikes in performance, trends, etc. Additionally, Hootsuite has integration capabilities with other communications platforms to leverage the City’s outreach capabilities. For this reason, staff seeks to make this procurement as an exception to the competitive process under Santa Monica Municipal Code 2.24.250 section because Hootsuite is a proprietary software only available through them.

5.L
Packet Pg. 117
3 of 3
For the past two modifications, Finance has approved sole source authorization to renew the agreement, and staff is requesting an exemption from the competitive process for this modification as well. Staff had previously conducted an informal solicitation for bids at the beginning of our agreement with Hootsuite and determined that Hootsuite was the most affordable platform available. In addition to Hootsuite’s affordability, the platform offers advanced features specific to government social media management not found in other platforms. Furthermore, due to limited staff capacities and the extra demands being made on communication resources from the ongoing realities of Covid-19, identifying a new platform, migrating accounts, and training staff would be infeasible.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of a contract with Hootsuite Media, Inc. for social media management, scheduling, and analytics platform. Future year funding is contingent on Council budget approval.

Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2022/23
Budget
Modified Request
Amount
Future Year
Modification
Request
Amount
FY 2022-23 Budget
Dept/CIP Account #
Total Revised
Contract
Amount
4268   $238,500 $39,151 $156,604 01200010.550010  $434,255 Prepared By: Constance Farrell, Acting Chief Communications Officer Approved Forwarded to Council
Attachments:

A. Hootsuite CT#4268 Original Agreement
B. Hootsuite CT#4268 1st Modification
C. Hootsuite - CT#4268 2nd Modificaiton
D. 2022 Hootsuite Oaks Initiative Signed

5.L
Packet Pg. 118

5.L.a
Packet Pg. 119 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 120 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 121 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 122 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 123 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 124 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 125 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 126 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 127 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 128 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 129 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 130 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 131 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 132 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 133 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.a
Packet Pg. 134 Attachment: Hootsuite CT#4268 Original Agreement (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 135 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 136 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 137 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 138 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 139 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 140 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management)

5.L.b
Packet Pg. 141 Attachment: Hootsuite CT#4268 1st Modification (5291 : Modify Agreement with Hootsuite for Social Media Management) DocuSign Envelope ID: 5304B25A-7E74-4FEF-B42F-129C4C156644 7/22/2020

5.L.c
Packet Pg. 142 Attachment: Hootsuite - CT#4268 2nd Modificaiton (5291 : Modify Agreement with Hootsuite for Social Media Management) DocuSign Envelope ID: 5304B25A-7E74-4FEF-B42F-129C4C156644 George Cardona
Interim City Attorney
7/22/2020
SVP, Finance
Ric Leong
7/22/2020
Hootsuite Inc.

Interim City Manager
Lane Dilg
7/24/2020
7/24/2020
Denise Anderson-Warren
City Clerk

5.L.c
Packet Pg. 143 Attachment: Hootsuite - CT#4268 2nd Modificaiton (5291 : Modify Agreement with Hootsuite for Social Media Management) DocuSign Envelope ID: 5304B25A-7E74-4FEF-B42F-129C4C156644

5.L.c
Packet Pg. 144 Attachment: Hootsuite - CT#4268 2nd Modificaiton (5291 : Modify Agreement with Hootsuite for Social Media Management) DocuSign Envelope ID: 5304B25A-7E74-4FEF-B42F-129C4C156644

5.L.c
Packet Pg. 145 Attachment: Hootsuite - CT#4268 2nd Modificaiton (5291 : Modify Agreement with Hootsuite for Social Media Management) DocuSign Envelope ID: 5304B25A-7E74-4FEF-B42F-129C4C156644

5.L.c
Packet Pg. 146 Attachment: Hootsuite - CT#4268 2nd Modificaiton (5291 : Modify Agreement with Hootsuite for Social Media Management)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

5.L.d
Packet Pg. 147 Attachment: 2022 Hootsuite Oaks Initiative Signed (5291 : Modify Agreement with Hootsuite for Social Media Management)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Melissa Murray Bailey Chief Revenue Officer 2 AUG 2022 N/A N/A Hootsuite Inc.

Information about Hootsuite's officers is available here: www.hootsuite.com/about/leadership and about Hootsuite's directors here: www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpDtls.html? corpId=8549729&V_TOKEN=1533121342319&crpNm=hootsuite%20inc&crpNmbr=&bsNmbr= Hootsuite is a privately held company and as such, we are unable to disclose financial information.

5.L.d
Packet Pg. 148 Attachment: 2022 Hootsuite Oaks Initiative Signed (5291 : Modify Agreement with Hootsuite for Social Media Management) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.M
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Bid and Enter Into an Agreement with Badger, Inc. for AMI Smart Water Meters & Cloud-Based Interface
Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to negotiate and execute an agreement with Badger Meter, Inc., in the amount not to exceed $13,500,000 (including 15% contingency).

3. Authorize the City Manager to negotiate and execute a Software as a Service (SaaS) Agreement with Badger Meter, Inc. in the amount not to exceed $300,000 over a five-year period.

Summary
The City’s Public Works Department – Water Resources Division delivers high-quality drinking water to approximately 18,400 metered water connections in the City. The current water meters are read manually on a bi-monthly schedule to bill each customer for their water use. For example, a customer’s June water bill is for water that is consumed during the prior two months (April and May). The Water Resources Division issued a request for proposals (RFP) for an Advanced Metering Infrastructure (AMI) system or smart water meters. The AMI Project was approved in the City’s CIP Budget and is funded through the 2021 Water Revenue Bonds. The AMI is a cloud-based system that transmits data via cellular network in near real time. The AMI system includes the replacement of aging non-AMI compatible meters, meter box lids,

5.M
Packet Pg. 149
2 of 5
installation of cellular data transmitters (encoders) on every meter, data migration capability to the City’s billing software and a customer water monitoring portal.

Because the AMI provides real time information on water usage it allows for improved leak detection, which would significantly improve the City’s water conservation efforts, and provide customers with the ability to track their water use on a daily basis. Past studies have demonstrated that AMI systems could provide 5-7% in water savings from reduced residential water leaks. Long term benefits of the AMI system include more efficient billing, and improved accuracy in meter reads. Staff recommends that RFP #320 be awarded to Badger Meter, Inc. and that an agreement be negotiated and executed for the AMI System.

Discussion
Over the past five years, the Water Resources Division has conducted three independent AMI pilot tests utilizing different technologies. The current pilot test has been expanded and over 5% of the City’s water meters currently have AMI transmitters installed. The City’s meters are divided into 51 meter reading routes based on geographic location. As part of the pilot project, AMI transmitters have been fully installed in one of these routes and the data is currently being electronically transmitted into the City’s billing software and used for billing. This contract award is for the fullscale implementation of an AMI system for the City’s 18,400 meters.

The manual meter reading for the approximately 18,400 meters in the service area is performed on a bi-monthly schedule. Identifying hidden leaks or excessive water usage based on water consumption in a timely manner is difficult due to the meter reading cycle of 60 days. It takes one or two billing cycles, up to 120 days, for a leak or excessive usage to be identified from the meter reads. The end result is excessive water loss/usage and a high water bill due to this time delay. An AMI system would allow the customer to monitor their individual water usage and create alerts, via cell phone or e-mail, to notify them within a day or two of a potential water leak.

5.M
Packet Pg. 150
3 of 5
The savings and efficiency benefits of the AMI system are mostly realized on the customer’s end from early detection of water leaks to real-time monitoring of daily water usage to minimize their water costs. The AMI system also provides cost savings to the City (estimated at $290,000 annually) by reducing the City’s reliance on more costly imported water and contractual services for meter reading.

The best qualified bidder, Badger Meter Inc., proposed a comprehensive scope of services to fully convert the City’s water metering infrastructure to an AMI system. The scope of services includes:
• Replacing approximately 12,444 water meters and upgrading them with AMI compatible water meters (approximately 67% of the total number of meters, the remaining 33% are AMI compatible and less than 8 years of age and do not need to be replaced),;
• Installation of cellular AMI transmitters (referred to as encoders) on new meters as well as meters in the system that are compatible;
• Replacement/modification of meter box lids to allow for cellular signal transmission;
• Staging and storage facilities for project implementation; • Migration of data into the City’s billing system, and • A customer portal to improve the customer’s experience in understanding their water usage.

The additional services offered by Badger Meter Inc. include a two-year cellular subscription fee and conducting a service line material survey during meter replacement for both the public and private side of the water service connection to replace lead service lines in compliance with the Environmental Protection Agency’s Lead and Copper Rule Revisions. Majority of the project costs are one-time costs to convert the City’s current water meter infrastructure to AMI. The lowest bid, Metron-Farnier, was not as comprehensive as the other three bids because it did not include the cost of the AMI compatible water meters and labor for installation.

5.M
Packet Pg. 151
4 of 5
Vendor Selection
Bidder Recommendation
Best Bidder Badger Meter, Inc.

Evaluation Criteria • Experience – 20% of total score
• Technical Competence – 20% of total score
• Ability to Meet Project Work Plan and Timeliness – 20% of total score • References – 10% of total score
• Cost of Services, Cost Control – 30% of total score
Municipal Code SMMC 2.24.190
Submittals Received
Vendor Base Scope of Services Additional Services Total Aqua-Metrics Sales
Company
$11,345,202 $407,717 $11,752,919
Badger Meter, Inc. $11,305,418 $426,247 $11,731,665
Ferguson Waterworks $13,986,434 $0 $13,986,434
Metron-Farnier $6,198,3104 $0 $6,198,310
Bid Data
Date Posted Posted On Advertise In City
Charter & SMMC
Vendors
Downloaded
Date Publicly
Opened
5/9/2022 City’s Online
Bidding Site
Santa Monica Daily
Press
47 June 10, 2022
Best Bidder Justification
The proposals were reviewed by a selection panel consisting of staff from the Public Works Department – Water Resources Division. Evaluations were based on the following selection criteria: Experience; Technical Competence; Ability to Meet Project Work Plan and Timeliness; References; and Cost of Services, Cost Control. Based on these criteria, the selection panel unanimously ranked Badger Meter as the best qualified firm to provide the City with an AMI system. Badger Meter has successfully deployed over 10 million ORION endpoints for more than 3,000 utilities. They are the firm which provides the lowest cost while providing all the components for a successful deployment of an AMI system. The lowest bidder, Metron-Farnier, did not meet the full scope of services requirements as the bid only includes the AMI cellular transmitters and customer portal while the water meters were not included.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water Fund to award a contract with

5.M
Packet Pg. 152
5 of 5
Badger Meter, Inc for implementation of the AMI system in the City and ongoing software maintenance costs for the cloud-based portal. The initial capital outlay, which includes a 15% contingency, is being funded through proceeds from the 2021 Water Revenue Bond issuance, and staff seeks authority to approve use of bond proceeds to fund the award. Ongoing annual software maintenance costs will be funded through the Water Fund’s operating budget.

Contract Request
FY 2022-23
Request Amount CIP Account # Total Contract Amount
$13,500,000 C5008200.689740 $13,500,000
$36,432 505000001.550010 $300,000
$13,436,432 Total $13,800,000
Prepared By: Chris Aguillon, Water Resources Protection Specialist Approved Forwarded to Council
Attachments:

A. Oaks Initiative Disclosure (Badger)
B. Written Comment

5.M
Packet Pg. 153

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ ______________
Korrine L. Fleming Assistant Secretary
June 10, 2020
[email protected] 414-371-2728
Badger Meter, Inc. - On November 1, 2019, DBA National Meter & Automation is re-branded as Badger Meter, Inc.

See Attached
See Attached
Jul July 20, 2021 y 8, 2022

5.M.a
Packet Pg. 154 Attachment: Oaks Initiative Disclosure (Badger) (4945 : Award AMI Smart Water Meter Bid) 081518

CERTIFICATION

OF SIGNATURE AUTHORITY
I certify as follows:

By Board Resolution adopted by the Board of Directors of Badger Meter, Inc. and in full force and effect as of this date:

The following elected executive officers are, among other things, hereby authorized to execute, amend, and cancel bids and contracts for the sale of products, distributor and representative agreements, bid bonds, surety bonds, contracts, leases and certain other legally binding documents in the ordinary course of business, in the name of Badger Meter, Inc.

Kenneth C. Bockhorst Chairman, President and Chief Executive Officer Robert A. Wrocklage Senior Vice President - CFO
Kimberly K. Stoll Vice President – Sales and Marketing
William R. A. Bergum Vice President – General Counsel & Secretary The following elected non-executive officers are hereby authorized to execute, amend, and cancel bids, bid-related contracts and documents, requests for proposals and quotes, and all other bid-related documentation in the name of Badger Meter, Inc.

Charla D. Dury Assistant Secretary Proposal Specialist – Bid and Contract Administration Frank J. Fenton Assistant Secretary Director – Utility Sales Korrine L. Fleming Assistant Secretary Manager – Bid and Contract Administration Nathaniel R. Hawley Assistant Secretary Director – Distribution Operations Rebecca L. Loomans Assistant Secretary Proposal Lead – Bid and Contract Administration Christopher D. Washington Assistant Secretary Supervisor - Bid and Contract Administration Maikou Yang Assistant Secretary Proposal Lead – Bid and Contract Administration BY:
________________________
Date William R. A. Bergum,
Vice President - General Counsel & Secretary
Badger Meter, Inc.
-XQH

5.M.a
Packet Pg. 155 Attachment: Oaks Initiative Disclosure (Badger) (4945 : Award AMI Smart Water Meter Bid) BADGER METER, INC.

BOARD OF DIRECTORS
6/7/20
Kenneth C. Bockhorst
x President and Chief Executive Officer: Badger Meter, Inc.

Todd A. Adams
x President and Chief Executive Officer: Rexnord
Thomas J. Fischer
x Principal: Fischer Financial Consulting LLC
Gale E. Klappa
x Non-executive Chairman: WEC Energy Group
Gail A. Lione
x Senior Counsel: Dentons
x Adjunct Professor of Intellectual Property Law: Georgetown University School of Law x Retired Executive Vice President, General Counsel and Corporate Secretary & Chief Compliance Officer: Harley-Davidson Corporation
Richard A. Meeusen
x Chairman, and Retired Chief Executive Officer: Badger Meter, Inc.

Tessa Myers
x Regional President- North America: Rockwell Automation James F. Stern
x Executive Vice President, General Counsel and Secretary: A.O. Smith Corporation Glen E. Tellock
x President and Chief Executive Officer: Lakeside Foods Todd J. Teske
x Chairman, President and Chief Executive Officer: Briggs & Stratton Corporation

5.M.a
Packet Pg. 156 Attachment: Oaks Initiative Disclosure (Badger) (4945 : Award AMI Smart Water Meter Bid) Badger Meter, Inc. Corporate Officers
April 21, 2020
Elected Executive Officers:

Kenneth C. Bockhorst President and Chief Executive Officer Robert A. Wrocklage Vice President – Chief Financial Officer Karen M. Bauer Vice President – Investor Relations, Corporate Strategy and Treasurer Fred J. Begale Vice President – Engineering
William R.A. Bergum Vice President – General Counsel and Secretary Gregory M. Gomez Vice President – Global Flow Instrumentation and International Utility Trina L. Jashinsky Vice President – Human Resources
William J. Parisen Vice President – Global Operations
Kimberly K. Stoll Vice President – Sales and Marketing
Daniel R. Weltzien Vice President – Controller
Elected Non-Executive Officers*:

Joanne K. Crumer-Pascale Assistant Treasurer Milwaukee Accounting Manager Charla D. Dury Assistant Secretary Project Manager – Bid & Contract Admin.

Frank J. Fenton Assistant Secretary Director – Utility Sales Korrine L. Fleming Assistant Secretary Manager– Bid & Contract Admin.

Nathaniel R. Hawley Assistant Secretary Director – Distributor Administration David A. Kutil Assistant Treasurer Director – Accounting & External Reporting Rebecca L. Loomans Assistant Secretary Proposal Lead – Bid & Contract Admin.

Benjamin E. Loomis Assistant Secretary Milwaukee Credit Manager Pamela G. Stokke-Ceci Assistant Secretary Assistant General Counsel and Director Christopher D. Washington Assistant Secretary Supervisor – Bid & Contract Admin. *Scope of authority for Assistant Secretaries determined by job description and duties, as approved by the Corporation’s Secretary

5.M.a
Packet Pg. 157 Attachment: Oaks Initiative Disclosure (Badger) (4945 : Award AMI Smart Water Meter Bid) Badger Meter, Inc.

Company Ownership of Five Percent and Greater
February 28, 2019
Shareholders of Common Stock Percentage Interest in
Shareholders’ Equity
BlackRock, Inc.
55 E. 52nd St.

New York, NY 10055 14.7%
The Vanguard Group, Inc.
100 Vanguard Blvd.

Malvern, PA 19355 11.2%
Kayne Anderson Rudnick Investment Management, LLC
1800 Ave. of the Stars, 2nd Fl.

Los Angeles, CA 90067 6.4%
Badger Meter obtains the shareholder ownership information from the SEC 13-F forms filed by holders no later than 45 days after each quarter end, and compiled by an outside service provider.

5.M.a
Packet Pg. 158 Attachment: Oaks Initiative Disclosure (Badger) (4945 : Award AMI Smart Water Meter Bid) 1 Vernice Hankins
From: Tricia Crane <[email protected]>
Sent: Monday, August 22, 2022 6:49 PM
To: councilmtgitems; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Lana Negrete; Christine Parra; Phil Brock; [email protected]; Santa Monica City Manager's Office; Sunny Wang
Subject: Council Agenda Item 5-M, Aug. 23, 2022: Proposal to Implement Citywide Smart Water Meter & Cloud-Based Interface

EXTERNAL
To: Santa Monica City Council
From: Tricia Crane
Re: Support for Agenda Item 5-M. - Award Bid and Enter into an Agreement with Badger, Inc. for AMI Smart Water Meters & Cloud-Based Interface
Council meeting of August 23, 2022
Dear City Council,
As a beneficiary of a Smart Water meter pilot project some years ago, I feel strongly that a citywide plan would be highly beneficial. It was because of the real-time tracking made possible by the smart meter installed at our home that we were able to identify a leak and make a simple and inexpensive repair that saved money and water. Smart water meters implemented citywide will allow all residents to identify and track leaks in their system in real time. This has value.

However, I do think the City should direct staff to present data that makes plain what the cost of the proposed system will be. It appears that the cost will be $1,079 per meter ($13,436,432 ÷ 12,444 meters). Council would be wise to ask Staff to provide budget data that comments on the per unit cost with the preferred provider as well as information on the performance of that provider with other cities with which it has contracted for the same system.

There is another matter that should be discussed in a public meeting: These units depend on WiFi.

We need to know whether the city’s network can handle this system. The current WiFi coverage in the city looks sparse. If we must build out WiFi to support the full use and benefit of this system, is that expense covered in the cost?
Item 5.M
08/23/22
1 of 5 Item 5.M
08/23/22

5.M.b
Packet Pg. 159 Attachment: Written Comment (4945 : Award AMI Smart Water Meter Bid) 2 Thank you
Tricia Crane
Item 5.M
08/23/22
2 of 5 Item 5.M
08/23/22

5.M.b
Packet Pg. 160 Attachment: Written Comment (4945 : Award AMI Smart Water Meter Bid) 1 Vernice Hankins
From: NSA <[email protected]>
Sent: Monday, August 22, 2022 8:52 PM
To: councilmtgitems
Subject: Agenda Item 5.M -- Smart Water Meters

EXTERNAL
Many of us Santa Monica residents are severely sensitive to EMF waves. My bedroom window is right next to the water meter.

Please do not approve any Smart Water Meter contract that does not allow residents to opt out of having smart water meters.

Opting out of smart water meters should also be free.
thank you
Marion Goldfarb
Item 5.M
08/23/22
3 of 5 Item 5.M
08/23/22

5.M.b
Packet Pg. 161 Attachment: Written Comment (4945 : Award AMI Smart Water Meter Bid) 1 Vernice Hankins
From: Elizabeth Van Denburgh <[email protected]>
Sent: Monday, August 22, 2022 11:09 PM
To: councilmtgitems; Sue Himmelrich; Kristin McCowan; Christine Parra; Oscar de la Torre; Lana Negrete; Phil Brock; Gleam Davis
Cc: David White
Subject: City Cnl. Meeting 8/23/22 - Pull Consent Calendar Item M - AMI Smart Water Meters & Cloud-Based Interface - Further analysis and explanation needed for multifamily buildings

EXTERNAL
Mayor Himmelrich and City Council members,
I request that you pull Consent Item M ‐ Award Bid and Enter into an Agreement with Badger Inc. for AMI Smart Water Meters & Cloud‐Based Interface for further analysis. While the advantages of smart meters for electricity are clear because almost every unit in the city be it a single family home, apartment, condo, duplex or triplex has its own electricity meter so each owner/renter has greater visibility and thereby control over their usage. With water meters, the vast majority of apartment buildings and condos have a single water meter i.e., a single bill for a multifamily building. How will the outlay of $13,500,000 (not including staff time and expenses) improve the ability of multifamily buildings to save water and thus water cost if there continues to be only one water meter in the building. For single family homes, I understand that it has been somewhat helpful to find leaks, but it will provide no help for multifamily buildings to better understand their water usage due to a single meter handling the entire building. How does installing new smart water meters help multifamily buildings reduce their water usage and help save money? $13.5 million dollars is alot of money to spend to find leaks and then there is the $300,000 Software as a Service (SaaS) cost/five years.

On the top of page 3 of 5 of the staff report it states: "The savings and efficiency benefits of the AMI system are mostly realized on the customer's end from early detection of water leaks to real‐time monitoring of daily water usage to minimize their water costs," Can the water department explain how that will be done by multifamily buildings that only have one water meter? 70% of Santa Monica residents are renters with landlords with condos being created from converted apartment buildings. How does this help them save money? Both renters and landlords and condo owners? If it doesn't, then I don't see the cost/benefit penciling out of this capital cost.

Regards,
Elizabeth Van Denburgh
Item 5.M
08/23/22
4 of 5 Item 5.M
08/23/22

5.M.b
Packet Pg. 162 Attachment: Written Comment (4945 : Award AMI Smart Water Meter Bid) 1 Vernice Hankins
From: [email protected]
Sent: Tuesday, August 23, 2022 11:55 AM
To: councilmtgitems; Sue Himmelrich; Kristin McCowan; Christine Parra; Oscar de la Torre; Lana Negrete; Phil Brock; Gleam Davis
Cc: David White
Subject: Fwd: City Cnl. Meeting 8/23/22 - Pull Consent Calendar Item M - AMI Smart Water Meters & CloudBased Interface - Further analysis and explanation needed for multifamily buildings

EXTERNAL
Dear City Council Members,
I support the email below. I can add additional comments to support this request, but this says it very well.

Thank you.

John Dahl
---------- Forwarded message ---------
From: Elizabeth Van Denburgh <[email protected]>
Date: Mon, Aug 22, 2022 at 11:09 PM
Subject: City Cnl. Meeting 8/23/22 - Pull Consent Calendar Item M - AMI Smart Water Meters & Cloud-Based Interface - Further analysis and explanation needed for multifamily buildings To: <[email protected]>, Sue Himmelrich <[email protected]>, <[email protected]>, Christine Parra <[email protected]>, Oscar de la Torre <[email protected]>, <[email protected]>, Phil Brock <[email protected]>, <[email protected]>
Cc: David White <[email protected]>
Mayor Himmelrich and City Council members,
I request that you pull Consent Item M - Award Bid and Enter into an Agreement with Badger Inc. for AMI Smart Water Meters & Cloud-Based Interface for further analysis. While the advantages of smart meters for electricity are clear because almost every unit in the city be it a single family home, apartment, condo, duplex or triplex has its own electricity meter so each owner/renter has greater visibility and thereby control over their usage. With water meters, the vast majority of apartment buildings and condos have a single water meter i.e., a single bill for a multifamily building. How will the outlay of $13,500,000 (not including staff time and expenses) improve the ability of multifamily buildings to save water and thus water cost if there continues to be only one water meter in the building. For single family homes, I understand that it has been somewhat helpful to find leaks, but it will provide no help for multifamily buildings to better understand their water usage due to a single meter handling the entire building. How does installing new smart water meters help multifamily buildings reduce their water usage and help save money? $13.5 million dollars is alot of money to spend to find leaks and then there is the $300,000 Software as a Service (SaaS) cost/five years.

On the top of page 3 of 5 of the staff report it states: "The savings and efficiency benefits of the AMI system are mostly realized on the customer's end from early detection of water leaks to real-time monitoring of daily water usage to minimize their water costs," Can the water department explain how that will be done by multifamily buildings that only have one water meter? 70% of Santa Monica residents are renters with landlords with condos being created from converted apartment buildings. How does this help them save money? Both renters and landlords and condo owners? If it doesn't, then I don't see the cost/benefit penciling out of this capital cost.

Regards,
Elizabeth Van Denburgh
Item 5.M
08/23/22
5 of 5 Item 5.M
08/23/22

5.M.b
Packet Pg. 163 Attachment: Written Comment (4945 : Award AMI Smart Water Meter Bid) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.N
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Public Landscape Subject: Award Bid to United Pacific Services, Inc. for the Comprehensive Urban Forest Maintenance Program
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4415 to United Pacific Services, Inc. to provide urban forest maintenance services for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with United Pacific Services, Inc. in an amount not to exceed $8,731,559 over a five-year period, which includes a $1,746,312 contingency, and one additional five-year renewal option in the amount of $9,800,877, which includes a $1,960,175 contingency, on the same terms and conditions for a total amount not to exceed $18,532,436 over a 10-year period with future year funding contingent on Council budget approval.

Summary
Santa’s Monica’s urban forest is an invaluable asset that provides the community with many environmental, economic, and social benefits. The City’s approximately 36,000 public trees are maintained solely by a vendor under the oversight of the Public Works Department’s Public Landscape Division. Vendor services include tree pruning, tree removal, tree planting, watering, addressing emergencies, young tree care, and inventory management. Staff recommends awarding bid #4415 to United Pacific Services, Inc. to provide these services to maintain and advance the health, safety, and benefits of the City’s urban forest. Staff also recommends entering into an agreement with a five-year initial term with an option to renew for an additional five years. The fiveyear initial term would be in an amount not to exceed $8,731,559, which includes a 25% contingency in the amount of $1,746,312. Costs for services remain the same

5.N
Packet Pg. 164
2 of 5
throughout the entire initial five-year term. Staff recommends a 25% contingency for this work to accommodate emergencies and unscheduled tasks, work requested by various departments and funds, and to have enough contract authority to accommodate potential future funding restorations contingent on Council budget approval as funding for urban forest work decreased by approximately 30% at the start of the COVID pandemic.

The five-year renewal option would be in an amount not to exceed $9,800,877, which includes a 25% contingency in the amount of $1,960,175 and 4% cost escalator in each of the additional five years. As part of their bids, vendors provided cost escalators for each year of the five-year renewal option. The contingency would be for the same aforementioned reasons. If the five-year renewal option is exercised, the total ten-year contract amount would not exceed $18,532,436.

Discussion
The City of Santa Monica has long been on the forefront of sustainability measures and providing a healthy community for our residents and visitors alike. A thriving urban forest is a recognized hallmark of a healthy and sustainable community. Continued investment and maintenance of the urban forest reflect the City’s commitment to continued innovation and high standards for the wellbeing of our community and environment. Santa Monica’s tree canopy covers approximately 12% of the City’s land area with over half being attributed to 35,800 public trees on the streets and in the parks. The City’s urban forest not only results in cooler temperatures, but also an estimated $2,323,743 in total tree benefits. The total tree benefit incorporates savings due to storm water runoff mitigation, air quality improvements such as absorbing pollutants and reducing energy use, and, perhaps most significantly, carbon dioxide sequestration. It is also proven with research that trees help increase property value by providing a more attractive urban landscape.

The Public Landscape Division of Public Works is tasked with delivering the vision of Santa Monica’s Urban Forest Master Plan adopted by City Council in 2011. Appropriate

5.N
Packet Pg. 165
3 of 5
urban forest maintenance is a critical element of this Master Plan, and the division annually responds to nearly 900 tree related 311 service requests.

The City has historically contracted urban forest maintenance services. The “Contract and As-Needed Staffing Review Policy, Practice, Recommendations” report approved by Council on January 13, 2015, recommends that urban forest maintenance services be contracted due to capital/equipment requirements, specialized expertise, and risk management. Bid #4415 requires the vendor to provide all equipment and personnel needed to deliver the needed services. A sample of the volume of services performed can be illustrated by an average of the last three fiscal years within these four primary categories:
• Trees (including palms) pruned: 7,023
• Trees removed: 207
• Trees planted: 479
• Trees watered: 12,693
Vendor Selection
Bidder Recommendation
Best Bidder United Pacific Services, Inc.

Evaluation Criteria Bid evaluated on the price; the ability, capacity, and skill of the bidder to perform
or provide the materials or services; the
capacity of the bidder to perform the
contract or provide the service promptly,
within the time specified, and without delay
or interference.

Municipal Code SMMC 2.24.180
Submittals Received
United Pacific Services, Inc. $6,985,247
Mariposa Tree Management, Inc. $8,450,846
West Coast Arborists, Inc. $9,034,383
Bid Data
Date Posted Posted On Advertised in (City
Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
8/24/21 ProcureNow Santa Monica 17 9/14/21

5.N
Packet Pg. 166
4 of 5
Daily Press
Best Bidder Justification
Bids were evaluated based on the criteria in SMMC 2.24.180 including price, the ability, capacity and skill of the bidder to perform or provide the materials or services; the capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference.

Staff determined United Pacific Services submitted the best price by projecting future costs over a five-year and ten-year period (including annual cost escalators provided by each of the three vendors for each year of the five-year renewal option) based on the estimated annual frequencies provided in the bid and actual productivity from the two most recent fiscal years prior to posting the bid.

Additionally, staff evaluated ability, capacity, and skill using professional qualifications, reference checks, and an inventory management software demonstration to select United Pacific Services as the best bidder.

Protest
On May 27, 2022, City staff posted a pending award notification on the City's online bidding site, putting all vendors on notice that staff's recommendation to Council would be to award bid #4415 to United Pacific Services, Inc. On June 2, 2022, the City's Purchasing Agent received a timely protest from West Coast Arborists, Inc (WCA). The protest questioned pricing evaluation. On June 23, 2022, after reviewing the submitted protest documents, the Finance Director denied the protest based on the bid tabulation which is an automated function of the bid opening process in ProcureNow. The bid tabulation does not consider any additional analysis that may be required depending on the pricing methodology used. The pricing methodology used for the bid was a rate card model.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund in the Public

5.N
Packet Pg. 167
5 of 5
Landscape Division operating budget, urban forest renewal CIP, and various other funds dependent on requests (contingency) to award a contract with United Pacific Services, Inc for tree maintenance services. Future year funding is contingent on Council budget approval.

Contract Request
FY 2022-23
Request Amount
Years 2 – 5 Total
(Initial Term)
Future Years
(5 Year Optional
Renewal Term)
Department/
CIP Account #
Total Contract
Amount
$967,533 $3,767,714 $5,305,863 01500024.550010 $10,041,110 $450,000 $1,800,000 $2,534,839 C0104650.689000 $4,784,839 $354,383 $1,391,929 $1,960,175
Various - Depends
on Department and
Fund Request
$3,706,487
$1,771,916 $6,959,643 $9,800,877 TOTAL $18,532,436
Prepared By: Carlos Collard, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. FY22-23 UPS Oaks Initiative

5.N
Packet Pg. 168
. .. :.....II
~ ,,, ~
......... ., .. 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.

5.N.a
Packet Pg. 169 Attachment: FY22-23 UPS Oaks Initiative (5193 : Award Bid for Comprehensive Urban Forest Maintenance Program) t. ,

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:

United Pacific Services, Inc.

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

Gus K. Franklin, President
Eric L. Franklin, Executive Vice President/ Secretary and Treasurer Jack D. Mooring, Vice President/ General Manager
Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Gus K. Franklin, President
Prepared by: Eric L. Franklin
Signature: £. ~
Email: [email protected]
rr-...r r. 1 -.--•.1 , 1r..-- ,....,,, ,. , ,
1 •:~~~;c~:;.:, :_, __ ,_·---------
Title: Executive Vice President
Date: 07/18/2022
Phone: (562) 691-4600 x 226
Permit# _________ _

5.N.a
Packet Pg. 170 Attachment: FY22-23 UPS Oaks Initiative (5193 : Award Bid for Comprehensive Urban Forest Maintenance Program) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.O
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Approval of Cancellation of Regular City Council Meetings for November 8, November 22 and December 27
Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings scheduled for:

1. November 8, 2022 due to Election Day and schedule a special meeting on November 15, 2022; and

2. November 22, 2022 and December 27, 2022, due to a lack of a quorum and the holiday break.

Prepared By: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council

5.O
Packet Pg. 171
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 5.P
1 of 3
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Adoption of a Resolution accepting the tentative agreement and authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division, Local 1785
Recommended Action
Staff recommends that the City Council:

2. Adopt the salary schedule (Attachment B); and

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
In accordance with the Meyers-Milias-Brown Act (MMBA), negotiations between the City and the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Local 1785 (SMART-TD), have resulted in a Tentative Agreement (TA) regarding a successor Memorandum of Understanding (MOU).

SMART-TD has finalized the ratification voting process, approving the terms of the TA.

City staff recommends that the Council approve the ratified TA to establish the successor agreement between the City and SMART-TD.

5.P
Packet Pg. 172
2 of 3
Discussion
The MOU between the City and each bargaining unit establishes wages, hours, and other terms and conditions of employment. Under the Meyers-Milias-Brown Act (MMBA) in California, local public agencies negotiate with exclusively recognized employee organizations on wages, hours, and working conditions. The City currently is still in negotiations with one of these employee organizations (often referred to as bargaining groups or unions) whose contract with the City expired on June 30, 2022.

The overall policy of the City has been to maintain competitive benefits and working conditions in a high-cost geographic labor market in order to retain and attract a highquality workforce to serve our community across a wide range of specialized services.

Since most, though not all, City jobs are most comparable to those in other (competing) municipal organizations, the City has traditionally looked to full-service cities in our region of similar size and financial strength for labor market comparisons.

The terms of this tentative agreement bring the City closer in alignment with our comparable peer transit agencies while simultaneously preserving a level of benefits that will keep the City of Santa Monica competitive in a tight labor market. Peer agencies include Long Beach Transit, Los Angeles County Metro, Culver City, Gardena and Torrance.

The substantive changes for the TA with SMART-TD are outlined below:
• Term of Agreement: July 1, 2022, through June 30, 2025. • Closest Pay Period following Council adoption (August 28, 2022) = 7% salary increase plus a one-time signing bonus of $2,500
• July 1, 2023 = 3% salary increase
• July 1, 2024 = 3% salary increase.
• Add Cesar Chavez and Juneteenth as paid holidays.
• Increase to annual lump sum Uniform Voucher from $400 to $580 • Compensation study to be conducted by January 1, 2025

5.P
Packet Pg. 173
3 of 3
Financial Impacts and Budget Actions
The total cost of the negotiated changes contained in the tentative agreement presented in this report is approximately $2,812,000 for FY 2022-23 in the Big Blue Bus (BBB) Fund. If the changes are approved, funding for the FY 2022-23 changes will be appropriated in non-Departmental accounts in the BBB Fund. The funds will be transferred to the corresponding accounts in the Department of Transportation budget along with the FY 2021-22 Year-end Budget changes being presented to Council on October 25, 2022.

Prepared By: Sarah Rebensdorf, Senior Human Resources Analyst Approved Forwarded to Council
Attachments:

A. SMART-TD TA RESO 8.23.22
B. SMT FY22-23 Salary Schedule COLA 7%

5.P
Packet Pg. 174
1 City Council Meeting: August 23, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING THE

TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER

TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE

INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL, AND TRANSPORTATION WORKERS – TRANSPORTATION DIVISION, LOCAL 1785 WHEREAS, authorized representatives of the City administration and the International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division, Local 1785 (“SMART-TD”) have met and conferred in accordance with the Meyers-Millias Brown Act (“MMBA”), codified at Government Code Section 3500 et seq., and have reached agreement on wages, hours, and other terms and conditions of employment; and
WHEREAS, in accordance with Government Code Section 3505.1, on August 23, 2022, the tentative agreement reached between authorized representatives of the City administration and SMART-TD was presented to the City Council of the City of Santa Monica for consideration; and
WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council; and

5.P.a
Packet Pg. 175 Attachment: SMART-TD TA RESO 8.23.22 [Revision 1] (5301 : SMART-TD MOU 2022) 2 WHEREAS, the purpose of each Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and Teamsters.

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

SECTION 1. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division, Local 1785 (“SMART-TD”) and authorizes the City Manager to execute a Memorandum of Understanding with SMART-TD (FY2022-2025), in accordance with this agreement.

SECTION 2. 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:
_________________________

DOUGLAS SLOAN
City Attorney

5.P.a
Packet Pg. 176 Attachment: SMART-TD TA RESO 8.23.22 [Revision 1] (5301 : SMART-TD MOU 2022) Intl' Assoc of Sheet Metal, Air, Rail and Transp Workers (SMART-TD) Salary Schedule for August 23, 2022 City Council Meeting Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 010 1 22.66 3,927.73 47,132.80 1,812.80
010 2 24.28 4,208.53 50,502.40 1,942.40
010 3 25.90 4,489.33 53,872.00 2,072.00
010 4 27.51 4,768.40 57,220.80 2,200.80
010 5 29.13 5,049.20 60,590.40 2,330.40
010 6 32.37 5,610.80 67,329.60 2,589.60
010 1 22.66 3,927.73 47,132.80 1,812.80
010 2 24.28 4,208.53 50,502.40 1,942.40
010 3 25.90 4,489.33 53,872.00 2,072.00
010 4 27.51 4,768.40 57,220.80 2,200.80
010 5 29.13 5,049.20 60,590.40 2,330.40
010 6 32.37 5,610.80 67,329.60 2,589.60
Class Title
MOTOR COACH OPER (LATERAL TRN) 0011 SMT
MOTOR COACH OPERATOR 0010 SMT

5.P.b
Packet Pg. 177 Attachment: SMT FY22-23 Salary Schedule COLA 7% (5301 : SMART-TD MOU 2022) 1 July 21, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JULY 21, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:00 p.m., on Thursday, July 21, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsom at https://primetime.bluejeans.com/a2m/live-event/yzrubkts Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 6:00 p.m., with all members present.

ORDINANCES:

PUBLIC ASSEMBLIES/

COMMUNITY EVENTS

10.A. Introduction and Adoption of Emergency Ordinance No. 2709 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTION 4.08.780 TO

PROMOTE THE PUBLIC SAFETY AND WELFARE BY

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

Recommended Action
The Police Department recommends that Council re-adopt an emergency ordinance amending Santa Monica Municipal Code Section 4.08.780 relating to restrictions on carrying, using, or possessing specified items during community events or public assemblies to promote public safety and welfare.

There was no public comment on this item.

Motion by Councilmember Brock, seconded by Councilmember Negrete, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof.

5.Q
Packet Pg. 178 Minutes Acceptance: Minutes of Jul 21, 2022 6:00 PM (CONSENT CALENDAR) 2 July 21, 2022
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
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 6:22 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

5.Q
Packet Pg. 179 Minutes Acceptance: Minutes of Jul 21, 2022 6:00 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 8.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to One Seat on the Newly Created Human Services Commission (CONTINUED FROM 7/14/2022)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Applicant List_Human Services_revised819

8.A
Packet Pg. 180
Revised 8/19/22 at 3pm
City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Name Application Date
Marie Manvel 7/15/2022
Diane Miller 7/20/2022
David T. Pisarra 7/20/2022
Willa F. Wells 7/25/2022
TOTAL APPLICANTS: 4
*Former COSW and Senior
Community Commissioners
*Incumbents listed in red

8.A.a
Packet Pg. 181 Attachment: Applicant List_Human Services_revised819 (5324 : Appointment to the Human Services Commission (5 mins)) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 9.A
1 of 20
To: Mayor and City Council
From: David Martin, Director, City Planning
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:

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 (20ENT0275) 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

9.A
Packet Pg. 182
2 of 20
the proposed multipurpose room and 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 re-noticed. 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.

At the May 10, 2022 Council meeting only four Councilmembers were in attendance.

Per Council Rule 3, 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.

The appellant requested a continuance, and the item was rescheduled to August 23, 2022.

The letter from Angel Law also asserted 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 additional 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

9.A
Packet Pg. 183
3 of 20
discovered in the original staff report and, therefore, an updated Draft STOA with CEQA exemption determination has been prepared (Attachment B).

Subsequent to the Council’s vote on March 15, 2022 to continue the appeal hearing, 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 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, the 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.

9.A
Packet Pg. 184
4 of 20
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;
• 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.

9.A
Packet Pg. 185
5 of 20
Figure 1: Site Map
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
Project Description
Carlthorp School proposes a new 7,280 square-foot (SF) school addition comprised of:
• a 4,793 SF basement multi-purpose room + associated corridors,

9.A
Packet Pg. 186
6 of 20
• 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
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.

9.A
Packet Pg. 187
7 of 20
Figure 3 San Vincente Boulevard Courtyard Apartment Historic District Boundaries 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 the 40 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.

9.A
Packet Pg. 188
8 of 20
Planning Commission Action
On November 4, 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 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 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

9.A
Packet Pg. 189
9 of 20
loading/unloading and parking on the surrounding neighborhood. No new parking impacts are associated with the current proposal. Condition #4 memorializes the school’s special events.

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) and noise. There were also conditions regarding use of outdoor loudspeakers and lighting, which the school has begun to implement. 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) to address the school’s vehicular circulation;
• 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

9.A
Packet Pg. 190
10 of 20
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.

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;

9.A
Packet Pg. 191
11 of 20
• The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood.

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

9.A
Packet Pg. 192
12 of 20
Code, entitlements, or procedural guidelines; the appellant’s assertion; and staff response. A detailed item by item description is included as Attachment E.

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) with respect to the hearing that was scheduled for February 22, 2022 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

9.A
Packet Pg. 193
13 of 20
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.

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.

Subsequent to the City Council voting on March 15, 2022 to continue the appeal hearing, 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

9.A
Packet Pg. 194
14 of 20
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
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

9.A
Packet Pg. 195
15 of 20
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
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 xerox copy of paper records from 1995. These requests were made and completed when City Hall was not open to the public due to the COVID19 emergency. As such, documentation was provided consistent with updated COVID19 protocols. The appellant contends staff willfully withheld public documents. City staff have collectively spent many hours over the course of the past 19 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.

9.A
Packet Pg. 196
16 of 20
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.

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.

9.A
Packet Pg. 197
17 of 20

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”).

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

9.A
Packet Pg. 198
18 of 20
because the proposed project is located within the San Vicente Boulevard Courtyard Apartments Historic District.

Staff 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 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

9.A
Packet Pg. 199
19 of 20
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 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: Regina Szilak, Associate Planner
Approved Forwarded to Council
Attachments:

A. 20ENT-0275 Appeal Statement
B. Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 C. PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) D. Carlthorp time line 8.23.22 pdf
E. City Council Public Hearing 8.23.22 Carlthorp
F. Table of Appeal Complaints
G. Project Plans 8-23-2022

9.A
Packet Pg. 200
20 of 20
H. Written Comments
I. ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 J. ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 K. Carlthorp School Play Court 5.10.22
L. Carlthorp School FLOOR AREA 5.10.22
M. 2022-02-21 Angel Law Comment Letter
N. ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application
O. ADD-TO_Appellant Supplemental Materials Part 2
P. ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022
Q. ADD-TO_Appellant Supplemental Materials Part 4
R. ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9- 2022
S. ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9- 2022
T. Public Correspondence February 22 - March 8 2022
U. Comments Post February 2022
V. Written Comments
W. Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 for

8.23.22 hearing
X. Veneklasen Noise Impact Assessment 05.27.2020
Y. Planning Commission Meeting November 4, 2020 (Web Link) Z. Written Comment

9.A
Packet Pg. 201

!"#$%&%#

'(()'*+,-

.

/
"
0123
456666666666666 756666666666666
'(()**'898'
):;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; '(()**'89'<<-):;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; =,89'=9()-,8:;;;;;;;;;;;;;;;;;;;;;;;;;;>5666666666666666 1

1?3>

" 0

56666666666666666666666666666666666666666666666666666666666666 666666666666666666666666666666666666666666666666666666666666666666 (-,@)=9=')8A
B)-CD:;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
(-,@)=9'<<-):666666666666666666666666666666666666666666666666 '((*E='89:6666666666666666666666666666666666666666666666666666 ,-EFE8'*G)'-E8F<'9)566666666666666666666666666666666666666666 '=9E,8B)E8F'(()'*)<566666666666666666666666666666666666666666 666666666666666666666666666666666666666666666666666666666666666 HIJKJLHMNOPJQR STUHMLVWXJLIJYNKZ HIJKJLHMNOPJQR [T\][^_]`TaU STUHMLVWXJLIJYNKZbc\SdHMLIMefLWXMghi^\S\c T^jkl]\c_\dc\jkl]\\UU S[aHMLVWXJLIJYfmNJKMQZ hMQNInfQoHXnffNpqJLrMQQ TT]S]c\c\ sQMLIWLRftMeWLfQefZWtWXMIWfLMLZInJhurvhfLZWIWfLMNuOJrJQwWIQJxmJOIOIfMNNfy UgS``OxmMQJtffIJzoMLOWfLMLZLJyQfftIfooNM{XfmQIIfhMQNInfQojNJwJLIMQ{HXnffNyWInMeWLfQefZWtWXMIWfLtfQWLXQJMOJZoMQXJNXfKJQMRJ|S_}\_~IfIMN} November 18, 2020
Szilak 20ENT-0275
conformed copy

9.A.a
Packet Pg. 202 Attachment: 20ENT-0275 Appeal Statement (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente

9.A.a
Packet Pg. 203 Attachment: 20ENT-0275 Appeal Statement (5154 : 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%.

9.A.a
Packet Pg. 204 Attachment: 20ENT-0275 Appeal Statement (5154 : 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%.

9.A.a
Packet Pg. 205 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 206 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 207 Attachment: 20ENT-0275 Appeal Statement (5154 : 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.
.

9.A.a
Packet Pg. 208 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 209 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 210 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 211 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 212 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 213 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 214 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 215 Attachment: 20ENT-0275 Appeal Statement (5154 : 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

9.A.a
Packet Pg. 216 Attachment: 20ENT-0275 Appeal Statement (5154 : 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.

9.A.a
Packet Pg. 217 Attachment: 20ENT-0275 Appeal Statement (5154 : 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)
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 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 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.

9.A.b
Packet Pg. 218 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 2 CITY COUNCIL ACTION
August 23, 2022 Determination Date
Approved based on the following findings and subject to the X conditions below.

Denied.

Other:

EFFECTIVE DATES OF ACTIONS August 23, 2022

EXPIRATION DATE OF ANY
PERMITS GRANTED:

August 23, 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
* Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.

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 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 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.

9.A.b
Packet Pg. 219 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 3 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 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.

9.A.b
Packet Pg. 220 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 4 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 shall be reviewed by the Mobility Division and condition #5 mitigates and regulates these operational and on-site requirements.

9.A.b
Packet Pg. 221 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 5 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 noncontributor 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.

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.

9.A.b
Packet Pg. 222 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 6 MINOR MODIFICATION FINDINGS

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 the existing 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.

9.A.b
Packet Pg. 223 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 7 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
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

9.A.b
Packet Pg. 224 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 8 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 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.

9.A.b
Packet Pg. 225 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 9 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 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.

9.A.b
Packet Pg. 226 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 10 19. The exterior stairwell along the west elevation shall be screened with a green wall/landscaping as allowed by applicable Building and Fire Codes.

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.

9.A.b
Packet Pg. 227 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 11 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 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 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

9.A.b
Packet Pg. 228 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 12 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 May 10, 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 approved until

9.A.b
Packet Pg. 229 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 13 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:

9.A.b
Packet Pg. 230 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 14 • 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

9.A.b
Packet Pg. 231 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 15 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:

9.A.b
Packet Pg. 232 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 16 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

9.A.b
Packet Pg. 233 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 17 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.

9.A.b
Packet Pg. 234 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 18 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;

9.A.b
Packet Pg. 235 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 19 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.

9.A.b
Packet Pg. 236 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 20 Utilities

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;

9.A.b
Packet Pg. 237 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 21 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:

9.A.b
Packet Pg. 238 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 22 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

9.A.b
Packet Pg. 239 Attachment: Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 8.23.22 (5154 : Appeal Planning Commission CUP and 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.

9.A.c
Packet Pg. 240 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : 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

9.A.c
Packet Pg. 241 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : 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

3. The subject parcel is physically suitable for the type of land use being proposed.

9.A.c
Packet Pg. 242 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : 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.

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 DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 243 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 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 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 5,575 sf subterranean multi-purpose 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.

MINOR MODIFICATION FINDINGS

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 the existing DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 244 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 6 architecture poses unnecessary hardships and would require major structural and architectural revisions.

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
DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 245 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 7 Project Specific Conditions

3. The requested Minor Modification for 0.29% additional parcel coverage is granted for a total ground floor parcel coverage of 45.29%.

9.A.c
Packet Pg. 246 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 8 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.

9. The Applicant’s outdoor speakers shall be used primarily for emergency purposes.

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.

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 DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 247 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 9 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.

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 3rd revised 18th supplement to the Executive Order, permits approved between March 13, 2020 and the expiration of the Executive Order are extended for an additional two years.

The west and east facing walls of the playcourt shall be solid/ non-transparent.

19. The exterior stairwell along the west elevation shall be screened with a green wall/landscaping as allowed by applicable Building and Fire Codes.

DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 248 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 10 Administrative

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 DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 249 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 11 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.

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.

9.A.c
Packet Pg. 250 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 12 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.

Conformance with Approved Plans

28. This approval is for those plans dated May 12, 2020 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.

Fees

Cultural Resources

9.A.c
Packet Pg. 251 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 13 a final determination is made on the application by the Landmarks Commission, or City Council on appeal.

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

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

DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 252 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 14  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.

9.A.c
Packet Pg. 253 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 15 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

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.

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:

DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 254 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 16 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.

9.A.c
Packet Pg. 255 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 17 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

DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 256 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 18 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 of California.

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.

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

9.A.c
Packet Pg. 257 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 19 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.

Public Streets & Rights-of-Way

72. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

Utilities
DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 258 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 20 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.

Resource Recovery and Recycling

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.

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 plan shall:
a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;
b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;
DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 259 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 21 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 Minor Modification 20ENT-0066
Ayes: Fonda-Bonardi, Fresco, Lambert, Chair Landres, Paster, Raskin, Ries Nays:

Abstain:

Absent:

DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F

9.A.c
Packet Pg. 260 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for 22 VOTE Conditional Use Permit 19ENT-0250
Ayes: Fonda-Bonardi, Lambert, Chair Landres, Paster, Raskin, Ries Nays: Fresco
Abstain:

Absent:

1.16.010.

I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Shawn Landres, 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
DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 12/10/2020
Ken Parr Director of Finance and Operations 12/17/2020

9.A.c
Packet Pg. 261 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5154 : Appeal Planning Commission CUP and Modification for Attachment F
Project Timeline
Carlthorp School 438 San Vicente Boulevard
• Conditional Use Permit 19ENT-0250;
• Minor Modification 20ENT-0066 and
• Appeal 20ENT-0275
Item Date Action
1) June 25, 2019 Conditional Use Permit 19ENT-0250 & Development Review Permit applications 19ENT-0251 filed
2) July 25, 2019 Application deemed complete
3) October 14, 2019 Preliminary Review by Landmark Commission 4) November 6 & 19,
2019
Applicant outreach to the public
5) December 2, 2019 Public Meeting held at Montana Avenue Branch Library 6) March 13, 2020 Development Review Permit 19ENT-0251 withdrawn as proposed project is below square footage threshold
7) March 13, 2020 Minor Modification 20ENT-0066 filed.

An error was identified in the survey resulting in a parcel coverage reduction, modifying the request
8) Planning
Commission
Hearing scheduled
for April 15, 2020
Hearing cancelled due to Covid-19 Pandemic
9) Planning
Commission
Hearing scheduled
for May 13, 2020
Hearing continued at the request of staff due to member of the public’s request for more information
10) Planning
Commission
Hearing scheduled
for May 20, 2020
Hearing continued at the request of staff due to
complaint filed by member of the public regarding
Conditional Use Permit 95-012 conditions of approval
11) June 4, 2020 Complaint Cleared by Code Compliance-no action taken
12) Planning
Commission
Hearing scheduled
for October 21,
2020
Hearing continued at the request of staff due to member of the public request for plans under copyright
13) Planning
Commission
Hearing
November 4, 2020
Planning Commission approved 19CUP-0250 and Minor
Modification 20ENT-0066

9.A.d
Packet Pg. 262 Attachment: Carlthorp time line 8.23.22 pdf (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item Date Action
14) November 18,
2020
Appellant files timely appeal, 20ENT-0275
15) March 9, 2021
potential City
Council hearing
Appellant requests more information
16) June 8th 2021
Potential City
Council hearing
Appellant requests more information
17) July 13, 2021
Potential City
Council hearing
Staff requests continuance due to scheduling conflict
18) June 18, 2021 Carlthorp 2020-2021 School year ends
19) July 13, 2021
Potential City
Council hearing
July 13th appeal date rescinded and replaced with the
appeal scheduled for July 27th 2021 by Staff. Appellant had agreed to amend the appeal by June 13, 2021.
20) July 27, 2021
Potential City
Council hearing
Carlthorp School requests continuance due to applicant
team scheduling conflict
21) September 28,
2021
Potential City
Council hearing
Appellant requests continuation due to conflict and will not offer possible alternative hearing date
22) October 26th, 2021
Potential City
Council hearing
Appellant request more information and will not offer
possible alternative hearing date
23) December 7, 2021
Potential City
Council Hearing
Potential date, offered by Staff along with October 26th, 2021; appellant will not commit to an appeal hearing
date
24) February 22, 2022
Potential City
Council Hearing
Staff confirms appeal hearing date in fairness to all
parties; City Council continues this item to March 15,
2022
25) March 15, 2022
Council Hearing
continued from

2.22.22 The appellant requests a continuance
26) April 12, 2022
Potential City
Council Hearing
Continued at the request of City staff
27) May 10, 2022
Potential City
Council Hearing
Continued at the appellant’s request; only 4 members of City Council available to hear the appeal
28) August 23, 2022
Potential City
Council Hearing

9.A.d
Packet Pg. 263 Attachment: Carlthorp time line 8.23.22 pdf (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente

9.A.d
Packet Pg. 264 Attachment: Carlthorp time line 8.23.22 pdf (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente

NOTICE OF A PUBLIC HEARING

BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Appeal 20ENT-0275 of Planning Commission approval of Conditional Use Permit 19ENT0250 and Minor Modification 20ENT-0066 to allow a 7,259 sf expansion to Carlthorp School addition and 9.142 sf new rooftop playcourt.
438 San Vicente Boulevard
APPLICANT: Carlthorp School/ Ken Parr
APPELLANT: Steven Salsberg
PROPERTY OWNER: Carlthorp School
A public hearing will be held by the City Council to consider the following request:

Appeal 20ENT-0275 of the Planning Commission approval of Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066 to allow a 7,259 sf expansion of Carlthorp School adding two elevators, a 5,575 sf below grade multipurpose room, enclosing an 938 sf open lunch area and adding 250 sf of administrative offices. The subject property is located in the R2 (Low Density Residential) zoning district.

The Conditional Use Permit is being requested as an amendment to existing Conditional Use Permit 95- 003 allowing a school use in the R2 zone. The minor modification is being requested for the proposed expansion to increase ground floor parcel coverage by 0.29% above the R2 maximum allowable parcel coverage of 45%. The applicant is also requesting a five-year term for the entitlements. The Planning Commission approved the project on November 4, 2020.

At the time of the public hearing, the City Council will also be considering compliance with the California Environmental Quality Act.

DATE/TIME: TUESDAY, AUGUST 23, 2022 AT 6:30 PM
LOCATION: City Council Chamber, Second Floor, Santa Monica City Hall, 1685 Main Street, Santa Monica, California
HOW TO COMMENT:

The City of Santa Monica encourages public comment. 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 public hearing via email to [email protected] or via mail to City Clerk, 1685 Main Street, Room 102, Santa Monica, California 90401. Written public comment submitted before 12:00 p.m. on the day of the meeting will be available for online viewing. All written comments shall be made part of the public record. Please note the agenda item number in the subject line of your written comments.

You may also comment in person at the City Council hearing. Please check the agenda for more detailed instructions on how to comment in person.

Address your comments to: City Clerk
Re: Carlthorp School Appeal
VIA EMAIL: [email protected]
VIA MAIL: 1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION: If you want more information about this project, please contact Gina Szilak at (310) 458-2200 ext. 5216, or by e-mail at [email protected]. For disability-related accommodations, please contact the City Clerk’s Office at (310) 458-8211 or (310) 917-6626 TDD at least 72 hours in advance. Every attempt will be made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines serve City Hall and the Civic Center area. The Expo Line terminus is located at Colorado Avenue and Fourth Street, and is a short walk to City Hall. Public parking is available in front of City Hall, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in

9.A.e
Packet Pg. 265 Attachment: City Council Public Hearing 8.23.22 Carlthorp (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.

ESPAÑOL : Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-2275.

9.A.e
Packet Pg. 266 Attachment: City Council Public Hearing 8.23.22 Carlthorp (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School,

ATTACHMENT E

DETAILED RESPONSE TO APPEAL STATEMENT
The following provides a response in greater detail to the items listed in the appeal and numbered to correspond with the eight complaint categories identified in the report.

Topic Source Appellant
Assertion
Staff Response

1. Incorrect Plan Exhibits
1A) Upper level
exceeds parcel
coverage

9.08.030 SMMC Does not comply
with Code
Staff has confirmed
that the parcel
coverage complies
with Code

2. Violations of CUP 95-012
2A) Operating
detrimental to
surrounding
properties
95CUP-012,
condition #25
Excessive light,
noise, vehicle
queueing, not
enough parking,
landscaping
Code Compliance
has investigated
and found no
violations, took no
action and closed
the complaint
2B) No further permits
should be
allowed to be
issued due to
CUP violations
95CUP-012,
condition #31
Applicant is in
violation of
current permit
and therefore no
further permits
should be issued
Consistency of
project and
operations with
CUP approval and
conditions has been
confirmed by staff
with two exceptions;
staff recommends
amendments to
CUP to remedy
issues (See 2E and
2F, below)

9.A.f
Packet Pg. 267 Attachment: Table of Appeal Complaints (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant
Assertion
Staff Response
2C) Existing
Landscaping
exceeds height
limits
95CUP-012,
condition #36
Hedges along
front and western
side of parcel
violate height
limits; trees along
western
perimeter are too
tall
Tree and hedge are
separately defined.

There is no height
limit for trees,
hedges consistent
with condition #58
blocking views from
residence(s) into
play field.
2D) Existing plan for
pick-up/drop-off
does not work
95CUP-012,
condition #39
Pick-up and drop
off plan is
hazardous
The existing pick-up
and drop-off plan
would be amended
with current CUP to
include a Parking
and Loading
Operations Plan
and procedures for
special events
2E) Grass surface
replaced without
approval
95-012, condition
#59
Grass play yard
surface was
replaced with
artificial turf
Grass surface was
replaced with
artificial turf;
applicant requests
amendment to the
condition as part of
proposed project
2F) Obstructed clear
view through front
fence
95-012, condition
#61
Clear view
through the front
fence is not being
maintained
Applicant requests
a condition
amendment as part
of proposed project.

If condition
amendment is not
approved, applicant
must comply with
original condition
which would require
clear view through
front fence.

9.A.f
Packet Pg. 268 Attachment: Table of Appeal Complaints (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant
Assertion
Staff Response
2G) Periodic
compliance
reports
95-012, condition
#62
Applicant has not
submitted
required
compliance
reports
Periodic compliance
reports are/were not
required. The
condition was
satisfied prior to
issuance of a
building permit.
2H) Inconsistency of
prior assertions
by applicant
regarding student
enrollment and
number of staff
Reference to
written or verbal
correspondence;
not a condition of
approval
School exceeds
staff and student
limits
The CUP does not
limit current staff or
student populations;
School student and
staff population
limits proposed with
(current) CUP
condition

3. Non-Compliance with the Zoning Ordinance
3A) Number of stories 9.08.030 SMMC Project exceeds
number of stories
and does not
comply with Code
Staff has confirmed
that the number of
stories is consistent
with Code
requirements,
proposal is in
compliance.
3B) Rear setback
incorrect

9.08.030 SMMC
D1 and D2
R2 zone
“adjoining” R1
zone
Staff has confirmed
compliance with
Code of the rear
setback. The R1
parcel is across the
alley from the
subject property
and not adjoining.

9.A.f
Packet Pg. 269 Attachment: Table of Appeal Complaints (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant
Assertion
Staff Response
3C) Parking for
community
assembly use
Parking SMMC

9.28.060
Additional parking
is required for
addition of
multipurpose
room
Staff has confirmed
compliance; the
proposed
multipurpose room
is not a community
assembly use that
would require
additional parking
3D) Courtyard
required
Courtyard SMMC

9.08.030 (F) 4&5
Carlthorp School
is in violation of
the courtyard
development
requirements
As an existing
condition, the
courtyard is
allowed to remain;
No additions to the
courtyard are
proposed that
would require
compliance with the
current courtyard
standard
3E) Offices within
apartment
complaint Apartment being
used for school
office
Code Enforcement
has investigated
this complaint,
found no violation,
and took no action
3F) School did not
engage in
neighborhood
outreach
encouraged policy School did not
engage in proper
outreach
Both a public
meeting and
additional outreach
were conducted

4. Use of Multipurpose Room
4A) Parking
requirement for
classroom vs
multipurpose room
Parking SMMC

9.28.060
Additional parking
for the
multipurpose
room should be
required because
it will function as
a classroom
The
school/applicant
has provided a
description of the
multipurpose room
which clearly states
it will not be used
as a classroom

9.A.f
Packet Pg. 270 Attachment: Table of Appeal Complaints (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant
Assertion
Staff Response

5. Procedural Flaws
5A) Application
submittal
procedures
Common
Procedures
SMMC 9.37
Minor
Modification
accepted in error
Application for the
Minor Modification
was submitted
electronically; email
verified and
properly submitted.

6. Noise Impacts
6A) Noise and privacy Noise Ordinance
SMMC 4.12
Unreasonable
noise from the
school site
Mitigation measures
are proposed in
CUP conditions #8,
#9 and #11
6B) Noise is
excessive when
windows are open
95-012, condition
#49
Replace windows
of building to
west with sound
rated glass
The condition of
previous CUP was
satisfied
6C) Excessive noise 95-012, condition
#56
Limit outdoor
activity hours
Outdoor activity
limited with
proposed CUP
conditions
6D) Excessive noise 95-012, condition
#57
Disperse groups
of children
Outdoor activity
limited with
proposed CUP
conditions

7. Privacy Impacts
7A) Privacy impacts
not identified
Appeal Statement Intent to amend
appeal
As of the writing of
this staff report , no
additional
information has
been received

8. Access to Information

9.A.f
Packet Pg. 271 Attachment: Table of Appeal Complaints (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant
Assertion
Staff Response
8A) Documents
withheld
95 CUP file and
current project;
Santa Monica
Municipal Code
Sections
Documents
withheld by staff
Staff has provided
digital and xerox
copies of all
available
documents; some
documents from
1995 may not exist
8B) Questions not
answered
Code Sections,
interpretations
applicability to
plan exhibits
Staff refused to
answer questions
Staff has responded
to questions during
multiple phone and
virtual meetings
with multiple staff
members; staff has
provided written
correspondence to
comprehensively
answer all
questions
8C) Premature
Planning
Commission
hearing
Applications filed
6/25/2019 (CUP)
and 3/13/2020
(Minor
Modification)
Process is unfair Multiple hearing
delays were
granted; Planning
Commission
hearing held on
November 4, 2020
8D) Premature City
Council hearing
Appeal filed
November 18,
2020
Staff did not
answer
questions,
therefore appeal
statement not
amended
Multiple hearing
delays have been
granted; requested
appellant to confirm
February 22, 2022
appeal hearing date
on November 29,
2021

9.A.f
Packet Pg. 272 Attachment: Table of Appeal Complaints (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75

FOR PURPOSES OF CODE COMPLIANCE

PARCEL COVERAGE CALCULATIONS
TOTAL NEW UPPER LEVEL PARCEL COVERAGE = 1,531 SF
NEW ELEVATORS = 290 SF
NEW ADMIN OFFICES = 840 SF
SECOND FLOOR (UPPER LEVEL):

NEW PARCEL COVERAGE:

EXISTING PARCEL COVERAGE: 16,985 SF
TOTAL UPPER LEVEL PARCEL COVERAGE:

EXISTING = 16,985 SF
TOTAL (EXISTING + NEW) = 18,516 SF
NEW = 1,531 SF
90% OF MAIN LEVEL PARCEL COVERAGE

ALLOWED BASED ON MINOR
MODIFICATION INCREASE TO 45.29% OF
TOTAL PARCEL AREA:

TOTAL UPPER LEVEL
PARCEL COVERAGE:
(NEW + EXISTING)
18,516 SF
( < 90 % OF MAIN LEVEL

PARCEL COVERAGE)
20,863.13 SF
x .45
MAIN LEVEL PARCEL 46,362.50 SF

COVERAGE
ALLOWED BY CODE:
18,898.2 SF
x .90
20,998 SF
AREA UNDER STRUCTURE = 401 SF

MAIN LEVEL PARCEL

COVERAGE ALLOWED BY
MINOR MODIFICATION (45.29%)
20,998 SF
NEW PARCEL COVERAGE:

NEW ENCLOSED LUNCH SEATING = 843 SF
TOTAL NEW MAIN LEVEL PARCEL COVERAGE = 2,462 SF
NEW ELEVATORS = 278 SF

EXISTING MAIN LEVEL
PARCEL COVERAGE:

PARCEL COVERAGE CALCULATIONS
TOTAL PARCEL AREA FROM SURVEY):

FIRST FLOOR (MAIN LEVEL):

EXISTING PARCEL COVERAGE: 18,536 SF
TOTAL MAIN LEVEL PARCEL COVERAGE:

EXISTING = 18,536 SF
TOTAL (EXISTING + NEW) = 20,998 SF
NEW = 2,462 SF

NEW MAIN LEVEL
PARCEL COVERAGE:

TOTAL MAIN LEVEL
PARCEL COVERAGE:
(NEW + EXISTING)
18,536 SF
(39.98 % OF PARCEL AREA)
46,362.50 SF
2,462 SF
(5.31 % OF PARCEL AREA)
20,998 SF
(45.29 % OF PARCEL AREA)

FOR PURPOSES OF CODE COMPLIANCE
NOTE: THE CLASSROOMS ALONG THE REAR ALLEY ARE

TREATED AS THE UPPER LEVEL FOR PURPOSES OF THIS

CALCULATION OF PARCEL COVERAGE PER THE
DEFINITIONS CONTAINED IN THE ZONING ORDINANCE.

SEE FLOOR LEVEL DIAGRAMS FOR MORE INFO.

AREA UNDER STRUCTURE = 1,231 SF
NEW STAIR = 110 SF
PROJECT NAME:

ADDRESS:

OWNER:

CONTACT:

PROJECT DESCRIPTION:

ZONING:

EXISTING USE:

PROPOSED USE:

EXISTING ENROLLMENT:

PROPOSED ENROLLMENT:

EXISTING HOURS OF
OPERATION:

PROPOSED HOURS OF
OPERATION:

EXISTING HEIGHT:

PROPOSED HEIGHT:

EXISTING # OF
CLASSROOMS:

PROPOSED # OF
CLASSROOMS:

PROJECT INFORMATION

CARLTHORP ELEMENTARY SCHOOL SUPPORT

SPACE IMPROVEMENTS
438 SAN VICENTE BLVD.

SANTA MONICA, CA 90402

CARLTHORP SCHOOL

NOLA-RAE CRONAN, HEAD OF SCHOOL

NEW MULTI-PURPOSE ROOM TO BE ADDED BELOW
GRADE. AN ELEVATED PLAYCOURT TO BE ADDED

ABOVE EXISTING SECOND-FLOOR CLASSROOMS
ALONG REAR ALLEY. NEW SCHOOL

ADMINISTRATION OFFICES TO BE BUILT ALONG

INTERIOR COURTYARD ABOVE EXISTING LUNCH
SEATING AREA TO BE ENCLOSED. NO ADDITIONAL

CLASSROOMS, ENROLLMENT CAPACITY OR
FACULTY.

R2 / SAN VICENTE BOULEVARD COURTYARD

APARTMENTS HISTORIC DISTRICT
ELEMENTARY SCHOOL (K-6), GROUP E

NO CHANGE
40 STUDENTS PER GRADE, TYP.

NO CHANGE
8:00am - 3:00pm

NO CHANGE
30' ABOVE AVERAGE NATURAL GRADE

NO CHANGE
22 NO CHANGE
32 SPACES (+2 ACCESSIBLE STALLS)
TANDEM SPACES APPROVED PER VAR95-022

NO CHANGE
21 SHORT TERM (1.5 / 20 STUDENTS)
11 LONG TERM (0.5 / CLASSROOM)
TOTAL: 32 SPACES
BIKE RACK AT FRONT ENTRY (12 SPACES)
BIKE RACK AT REAR PARKING (8 SPACES)
TOTAL: 20 SPACES
11 ADD'L SHORT TERM BIKE SPACES AT ENTRY
11 LONG TERM BIKE LOCKERS
TOTAL: 22 SPACES
FRONT YARD: 20'
SIDE YARD: 8' MIN (10' AVERAGE)
REAR YARD: 15' (TO CENTERLINE OF ALLEY)
FRONT YARD: 21'-1"
SIDE YARD: 16'-2" (WEST)
5'-8" (EAST)
REAR YARD: 16'-4" (TO CENTERLINE OF ALLEY)
FRONT YARD: NO CHANGE
SIDE YARD: 10'-2" (WEST)

NO CHANGE (EAST)
REAR YARD: 15'-0" (TO CENTERLINE OF ALLEY)

FLOOD ZONE X
185.69, 183.77, 190.36, 188.55
748.37 / 4 = 187.09 ANG

ON-SITE URBAN RUNOFF

DETENTION/PERCOLATION SYSTEM TO BE ADDED
AS REQUIRED PER CODE.

EXISTING PARKING:

PROPOSED PARKING:

REQUIRED BIKE PARKING:

EXISTING BIKE PARKING:

PROPOSED BIKE PARKING:

REQUIRED SETBACKS:

EXISTING SETBACKS:

PROPOSED SETBACKS:

FLOOD ZONE:

AVERAGE NATURAL
GRADE::

STORMWATER FILTRATION:

FLOOR AREA CALCULATIONS PARCEL COVERAGE CALCULATIONS
SHEET
SHEET
DATE
3573 HAYDEN AVENUE
CULVER CITY, CA 90232
310.399.7975
KFALOSANGELES.COM
SCALE

CITY COUNCIL

REVIEW SET (BASED

ON PLANNING

COMMISSION

APPROVAL)
2/8/22 12:58:01 PM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A000
COVER

04.20.22 SUPPORT SPACE IMPROVEMENTS
**Application to Amend Existing CUP for Existing Elementary School

CARLTHORP ELEMENTARY SCHOOL SUPPORT SPACE IMPROVEMENTS

FOR PURPOSES OF CEQA EXEMPTION FOR PURPOSES OF CODE COMPLIANCE

BASEMENT/GROUND FLOOR PLAN - EXISTING
GROUND/2ND FLOOR PLAN - EXISTING 2ND FLOOR/ROOF PLAN - EXISTING ROOF PLAN - EXISTING

BASEMENT/GROUND FLOOR PLAN - PROPOSED
GROUND/2ND FLOOR PLAN - PROPOSED 2ND FLOOR/ROOF PLAN - PROPOSED ROOF PLAN - PROPOSED

BASEMENT/GROUND FLOOR PLAN - DEMO
GROUND/2ND FLOOR PLAN - DEMO 2ND FLOOR/ROOF PLAN - DEMO ROOF PLAN - DEMO

9.A.g
Packet Pg. 273 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) w
a
t
er l i n e
ha
ndi c
a
p
pa
rk in
g
ha
ndi c
a
pp
ark in
g
188 186 184
184
184
1 86
191
192
190
190
185
190
2 34
.0
0 tp
p
2 2
7 .6
2 H
P22
7 .6
8 H
P
22 7
.6
1 H
P
2 34
.
68 H
P 234
.1
0 HP 234
.
52 H
P
2 26
.7
3 A
RM
2 27
.7
8 H
P
222
.21
TPP
2 0
9 .3
3 U
T
2 11
.02
UT
2 07
.8
0 U
T
2 28
.4
3 H
P
2 2
8 .4
6 H
P
2 28
.6
9 H
P
2 0
3 .64
U
T
2 08
.6
2 U
T
2 0
3 .
78 U
T
2 0
7 .
42 2U0T9
.
35 U
T
23 1
.87
H
P2
28 .4
7 H
P
23 1
.59
TPP
2 07
.2
4 U
T
2 08
.12
2U0T3
.9
5 U
T
23 1.81
2H1P3
.69
H2
1P9
.80
H
P
2 28
.4
0 2H2P8
.2
6 H
P
2 13
.76
H
P
2 31
.86
H
P
2 1
9 .75
H
P
2 13
.62
H
P
22 1
.
34 2H2P1
.
54 HP22
1 .
52 HP
22 5
.
22 2H2P5.
3 1
HP
8"
vc
p
sanit
a
ry
se
we
ro
n
cen
te
r line

10.00'
N
4 2
°
3 7'
24 "E
21 3
.0
7'
N42°06'00"E
213.11'

10.00'
N 47° 52' 56" W
293.55'
N
4 2°
37'
24 "E
134

2. 43'
21 3.0
7'
218.55'
N 47° 53' 43" W
291.60'
216.60'
CL

PROPOSED ROOFTOP

CHILDREN'S PLAY COURT
(OPEN AIR)
+126'-6"

PROPOSED

ADDITION

PROPOSED

ELEVATOR

PROPOSED

ELEVATOR

PROPOSED STAIR WITH

LANDSCAPED SCREENING

EXISTING

STRUCTURE

SAN VICENTE BLVD

GEORGINA PL

FUTURE SOLAR
PANELS

PROPERTY LINE
10' - 0"
15' - 0"

TRASH &

RECYCLING
9' - 0" 5' - 0"
18' - 0"
11' - 4" 8' - 1"
**ALLEY UTILITY LINES TO BE RELOCATED

UNDERGROUND
HEDGE
HEIGHT
20'
8' TALL
HEDGE

TREE PROTECTION ZONE
(10' FROM DRIPLINE)
10'
- 0"
21' - 1"
213' - 0"
216' - 4"
10' - 2"

OF ALLEY

PROPOSED BIKE RACKS
(11 ADDITIONAL SPACES)
5' -8"' CL

EXISTING BIKE RACKS
12 SPACES

TO CL OF ALLEY
15' - 0" MIN
SHEET
SHEET
DATE
3573 HAYDEN AVENUE
CULVER CITY, CA 90232
310.399.7975
KFALOSANGELES.COM
SCALE

CITY COUNCIL

REVIEW SET (BASED

ON PLANNING

COMMISSION

APPROVAL)
2/8/22 12:58:03 PM
3/32" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A001
PLOT PLAN 04.20.22 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 PLOT PLAN
N

9.A.g
Packet Pg. 274 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) SHEET
SHEET
DATE
3573 HAYDEN AVENUE
CULVER CITY, CA 90232
310.399.7975
KFALOSANGELES.COM
SCALE
4/23/20 3:49:19 PM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A001

SITE SURVEY
200421

SUPPORT SPACE IMPROVEMENTS
N

04.20.22 05.12.20
SW CORNER:
183.77' (SURVEY)
101.15' (PERMIT DOCS)
SE CORNER:
185.81(SURVEY)
103.19' (PERMIT DOCS)
NE CORNER:
190.36'(SURVEY)
107.74' (PERMIT DOCS)
NW CORNER:
188.55' (SURVEY)
105.93' (PERMIT DOCS)

ANG PER SURVEY
(BASED ON SMMC AT TIME OF PREVIOUS

PERMITS)
(188.55' + 190.36' + 185.81' + 183.77') / 4 =
187.12'

ANG PER SURVEY
(BASED ON CURRENT SMMC)
(189.34' + 191.92' + 185.97' + 184.02') / 4 =
187.81’

ANG PER PERMIT DOCS
104.5'
DIFFERENCE FACTOR = 82.62' NE CORNER:
191.92'(SURVEY)
109.3' (PERMIT DOCS)
NW CORNER:
189.34' (SURVEY)
106.72' (PERMIT DOCS)
SW CORNER:
184.02'(SURVEY)
101.4' (PERMIT DOCS)
SE CORNER:
185.97'(SURVEY)
103.35' (PERMIT DOCS)

9.A.g
Packet Pg. 275 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:49 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A002

SITE CONTEXT

06.20.19 SUPPORT SPACE IMPROVEMENTS

CARLTHORP

05.12.20 04.20.22

9.A.g
Packet Pg. 276 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 PARKING - 32 STALLS

STORAGE

BREAK OUT
ROOM

SPANISH

MULTI-PURPOSE RM
MATH

READING
P.E. OFFICE
PL
1 17
2 18
3 19
4 20
5 21
6 22
7 23
8 24
9 25
10 26
11 27
12 28
13 29
14 30
15 31
16 32
(ASSIGNED TANDEM PARKING

TO FACULTY/STAFF)

STORAGE

FACILITIES
OFFICE

MAIN POWER

SHUT OFF
ELEV

ROOM SERVER
ROOM
STOR
STOR

READING
ROOM

FACULTY
LOUNGE
STOR
BIKE STORAGE - 8 SPACES
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:50 AM
3/32" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A100

LOWER LEVEL

FLOOR -EXISTING

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 LOWER LEVEL FLOOR PLAN - EXISTING
N

05.12.20 04.20.22 EXISTING

9.A.g
Packet Pg. 277 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 DN

SCIENCE CLASSROOM -
4TH GRADE

CLASSROOM -
4TH GRADE

CLASSROOM -
3RD GRADE

CLASSROOM -
2ND GRADE

CLASSROOM -

KINDERGARTEN

CLASSROOM -
6TH GRADE

CLASSROOM -
1ST GRADE

RECEPTION/

FRONT OFFICE

BOARDROOM

KITCHEN

EXISTING ARTIFICIAL
TURF PLAYFIELD6' - 0"
7' - 2"
5' - 8"

HANDICAPPED PARKING HANDICAPPED PARKING PLANTER

BIKE RACK

FLAGPOLE

OUTDOOR

LUNCH AREA

EXISTING

BASKETBALL
COURT

EXISTING

KINDERGARTEN

PLAYCOURT
HEDGE
PL

GATE ENTRANCE
HEDGE

CLASSROOM -

KINDERGARTEN
16' - 2"
21' - 1"

CL OF ALLEY
16' - 4"
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:50 AM
3/32" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A101

MAIN LEVEL PLAN
- EXISTING

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 MAIN LEVEL PLAN - EXISTING
N

05.12.20 04.20.22 EXISTING

9.A.g
Packet Pg. 278 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75

LIBRARY

COMPUTER LAB

OFFICE OFFICE OFFICE OFFICE

ART ROOM

READING ROOM

CLASSROOM -
5TH GRADE

CLASSROOM -
5TH GRADE OFFICE
OFFICE
OFFICE
PL
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:51 AM
3/32" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A102

UPPER LEVEL

PLAN - EXISTING

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 UPPER LEVEL PLAN - EXISTING
N

05.12.20 04.20.22 EXISTING

9.A.g
Packet Pg. 279 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 PL

ROOFTOP MECH EQUIP

ROOFTOP MECH EQUIP
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:52 AM
3/32" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A103

ROOF PLAN -

EXISTING

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 ROOF PLAN - EXISTING
N

05.12.20 04.20.22

9.A.g
Packet Pg. 280 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 +97'-3"

LOWER LEVEL FLOOR
+97'-3"
+101'-6"

FOOTPRINT OF NEW

CONSTRUCTION ABOVE
PL
1 17
2 18
3 19
4 20
5 21
6 22
7 EVCS
23 8
EVCS
24 9
25 10
26 11
27 12
28 13 14
30 15
31 16
32 +89'-8"
+89'-8"4' - 0"
3' - 8"

LOWER LEVEL (ABOVE)
+97'-3"
STAGE
+91'-8"

PROPOSED

MULTI-PURPOSE RM

PROPOSED

ELEVATOR

TIERED SEATING
26' - 8" 26' - 8" 26' - 8" 26' - 8" 26' - 8"
22' - 10"
PARKING - 32 STALLS

STORAGE

BREAK OUT
ROOM

SPANISH

EXISTING

MULTI-PURPOSE RM
MATH

READING
P.E. OFFICE
PL
(ASSIGNED TANDEM PARKING

TO FACULTY/STAFF)

STORAGE

FACILITIES
OFFICE

MAIN POWER

SHUT OFF
ELEV

ROOM SERVER
ROOM
STOR
STOR

FACULTY
LOUNGE
STOR
+91'-8"
8' - 1"
(E) BIKE STORAGE
65' - 6"
75' - 11" 22' - 9"
130' - 3"

EXISTING READING ROOM

TO BE CONVERTED TO

RESTROOMS & SHOWERS

PROPOSED STAIR

AND PARTITION

CORRIDOR
5' - 0" 5' - 0" 5' - 0" 5' - 0" TYP
PROVIDE 5' x 5' HVO TRIANGLE

CLEAR OF ALL OBSTRUCTIONS
ABOVE 24" IN HEIGHT PER SMMC

9.21.180
8 (N) STAFF LOCKERS
(ELECTRIC

VEHICLE

CHARGING

STATION)

INDICATES NEW CONSTRUCTION
LEGEND
SHEET
SHEET
DATE
3573 HAYDEN AVENUE
CULVER CITY, CA 90232
310.399.7975
KFALOSANGELES.COM
SCALE
4/23/20 3:49:19 PM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A120

LOWER LEVEL

FLOOR PLAN -

PROPOSED
200421

SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 LOWER LEVEL FLOOR PLAN - PROPOSED
N
HVO
HVO
HVO

05.12.20 04.20.22 PROPOSED

9.A.g
Packet Pg. 281 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 DN
DN
DN
DN
DN

UP UPDN
DNDN
UP
63' - 0"

NEWENCLOSURE

OFEXISTING

LUNCHSEATING
AND/OR

ADDITIONAL

OFFICESPACE

OUTLINE OF MULTI-PURPOSE ROOM

BELOW GRADE

OUTLINE OF ELEVATED

COURT ABOVE

PROPOSED

ELEVATOR

PROPOSED

ELEVATOR
PL

ARTIFICIAL TURF

PLAYFIELD
5' - 8"
21' - 1"

HANDICAPPED PARKING HANDICAPPED PARKING PLANTER
(E) SHORT TERM BIKE STORAGE
12 SPACES

GATE ENTRANCE

FLAGPOLE
HEDGE
HEDGE

SCIENCE CLASSROOM -
4TH GRADE

CLASSROOM -
4TH GRADE

CLASSROOM -
3RD GRADE

CLASSROOM -
2ND GRADE

CLASSROOM -

KINDERGARTEN

CLASSROOM -
6TH GRADE

CLASSROOM -
1ST GRADE

RECEPTION/

FRONT OFFICE

BOARDROOM

KITCHEN

CLASSROOM -

KINDERGARTEN
21' - 4" 26' - 8" 26' - 8" 26' - 8" 26' - 8" 26' - 8"
22' - 10"
15' - 0"

CL OF ALLEY
16' - 4"
16' - 2"
10' - 2"

PROPOSED ADDITIONAL SHORT TERM

BIKE STORAGE
12 SPACES
11 (N) LONG TERM BIKE STORAGE LOCKERS
(DERO 300 SERIES OR EQUAL)
(VISIBLE FROM EMPLOYEE WORK AREA PER SMMC 9.28.140(F))
2' - 6"

BETWEEN SPACES
24" TYP

INDICATES NEW CONSTRUCTION
LEGEND
SHEET
SHEET
DATE
3573 HAYDEN AVENUE
CULVER CITY, CA 90232
310.399.7975
KFALOSANGELES.COM
SCALE
5/12/20 6:44:32 PM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A121

MAIN LEVEL PLAN -

PROPOSED

05.12.20 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 MAIN LEVEL PLAN - PROPOSED
N

STAIR WITH

LANDSCAPED
SCREEN
DN

04.20.22 PROPOSED

CLASSROOM FLOOR TO

BE DEMOLISHED AND
REBUILT AT +105' - 8" WITH

RAMP FOR ACCESS

9.A.g
Packet Pg. 282 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 DN
1 A300
63' - 0"
133' - 5"
A200 1
13' - 0"
1 A301

PROPOSED ROOFTOP

CHILDREN'S PLAY COURT
(OPEN AIR)
+126'-6"

UPPER LEVEL
+119'-6"
+119'-6"
+126'-6"
A200 2
A201 1
A201 2
A200 3
2 A301
13' - 0" 13' - 0" 13' - 0" 11' - 3"

PROPOSED
ADMIN

OFFICES
PL

LIBRARY

COMPUTER LAB

OFFICE OFFICE OFFICE OFFICE

ART ROOM

READING
ROOM

CLASSROOM -
5TH GRADE

CLASSROOM -
5TH GRADE
OFFICE
OFFICE
OFFICE
6' - 8" 74' - 0" 5' - 0"

NEW CONSTUCTION
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:53 AM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A122

UPPER LEVEL

PLAN - PROPOSED

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 UPPER LEVEL PLAN - PROPOSED
N

05.12.20 STAIR WITH

LANDSCAPED
SCREEN
32' - 3" 11' - 5" 61' - 9"
+119'-6"

PROPOSED
ADMIN

OFFICES

PROPOSED

ELEVATOR
OOO
DN

PROPOSED

ELEVATOR

TRELLISED

WALKWAY
17' - 2" 13' - 3" 32' - 3"

PROPOSED

ELEVATOR

04.20.22 PROPOSED

9.A.g
Packet Pg. 283 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 1 A300
2 A300
A200 1
1 A301
A200 2
A201 1
A201 2
A200 3
2 A301
138' - 5"
68' - 5"

PROPOSED ROOFTOP

CHILDREN'S PLAY COURT
(OPEN AIR)
+126'-6"

EXISTING ROOF
PL

FUTURE SOLAR PANELS

NEW CONSTUCTION
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:25:54 AM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A123

ROOF PLAN -

PROPOSED

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 ROOF PLAN - PROPOSED
N

05.12.20 STAIR WITH

LANDSCAPED
SCREEN

PROPOSED

ELEVATOR

TRELLISED WALKWAY BELOW

PROPOSED
ELEVATOR 04.20.22

9.A.g
Packet Pg. 284 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 (E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) Main Level
+107' - 6"
(E) A.N.G.
+104' - 6"
(E) Roof
+130' - 3 1/2"
(E) Top of Court
+126' - 6"

PROPOSED

OPEN-AIR COURT (BEHIND)

PROPOSED
STAIR
3' - 0" 12' - 0" 7' - 0" 3' - 10" 3' - 9"

EXISTING

STRUCTURE BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND

PROPOSED

ELEVATOR BEYOND
(E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) Main Level
+107' - 6"
(E) A.N.G.
+104' - 6"
(E) Roof
+130' - 3 1/2"
(E) Top of Court
+126' - 6"

PROPOSED

OPEN-AIR COURT
(BEHIND)

PROPOSED

ELEVATOR BEYOND

PROPOSED

ELEVATOR

PROPOSED

ADMINISTRATIVE

OFFICES

PROPOSED ENCLOSURE

OF LUNCH AREA
3' - 9"3' - 10" 7' - 0" 12' - 0" 3' - 0"
OPEN
TO
BEYOND

EXISTING

ROOF BEYOND

EXISTING STRUCTURE ADJACENT BUILDING BEYOND PROPOSED
STAIR
(E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) Main Level
+107' - 6"
(E) A.N.G.
+104' - 6"
(E) Roof
+130' - 3 1/2"
(E) Top of Court
+126' - 6"
3' - 9"3' - 10" 7' - 0" 12' - 0" 3' - 0"

PROPOSED

OPEN-AIR COURT (BEHIND)

PROPOSED
STAIR

EXISTING STRUCTURE

EXISTING

STRUCTURE
OPEN
TO
BEYOND
OPEN
TO
BEYOND
27' - 6"
27' - 6"

PROPOSED

ELEVATOR BEYOND

NEW CONSTUCTION
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:00 AM
1/8" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A200

ELEVATIONS

06.20.19 SUPPORT SPACE IMPROVEMENTS
1/8" = 1'-0"
1 SOUTH ELEVATION
1/8" = 1'-0"
2 WEST ELEVATION
1/8" = 1'-0"
3 NORTH ELEVATION - FROM SAN VICENTE

05.12.20 PROPOSED OPENAIR PLAY COURT
BEHIND

PROPOSED

ELEVATOR
BEYOND

PROPOSED
STAIR

EXTERIOR PLASTER WITH TEXTURED

FINISH OR MURAL
WITH LANDSCAPED SCREEN WITH LANDSCAPED SCREEN WITH LANDSCAPED SCREEN WITH LANDSCAPED SCREEN WITH LANDSCAPED SCREEN 04.20.22

9.A.g
Packet Pg. 285 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 (E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) Main Level
+107' - 6"
(E) A.N.G.
+104' - 6"
(E) Roof
+130' - 3 1/2"
(E) Top of Court
+126' - 6"

PROPOSED OPEN-AIR

COURT (BEHIND)

PROPOSED
STAIR

PROPOSED

ELEVATOR
3' - 9"3' - 10" 7' - 0" 12' - 0" 3' - 0"
OPEN
TO
BEYOND
OPEN
TO
BEYOND
OPEN
TO
BEYOND

EXISTING

STRUCTURE
(E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) Main Level
+107' - 6"
(E) A.N.G.
+104' - 6"
(E) Roof
+130' - 3 1/2"
(E) Top of Court
+126' - 6"
3' - 9"3' - 10" 7' - 0" 12' - 0" 3' - 0"

PROPOSED ELEVATED COURT EXISTING STRUCTURE

NEW CONSTUCTION
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:03 AM
1/8" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A201

ELEVATIONS

06.20.19 SUPPORT SPACE IMPROVEMENTS
1/8" = 1'-0"
2 NORTH ELEVATION - FROM COURTYARD
1/8" = 1'-0"
1 EAST ELEVATION

05.12.20 WITH LANDSCAPED SCREEN 04.20.22

9.A.g
Packet Pg. 286 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 T ectoni Cp yright 207T ectoni Cp yright 207
(E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) MAIN LEVEL
+107' - 6"
(E) Lower Level Floor
+97' - 3"
(E) A.N.G.
+104' - 6"
(E) Main Level Upper
+110' - 0"
Lower Level Base
+89' - 8"
(E) Roof
+130' - 3 1/2"
2 A300
16' - 4"
(E) Top of Court
+126' - 6"

PROPOSED

MULTI-PURPOSE ROOM

PROPOSED

ELEVATED COURT
(OPEN TO SKY)

PROPOSED STAIR

EXISTING DANCE

CLASSROOM
3' - 9"3' - 10" 7' - 0" 9' - 6" 2' - 6" 7' - 7" 10' - 3"

EXISTING BUILDING BEYOND
30' - 0"

EXISTING BUILDING BEYOND

PROPOSED

ELEVATOR BEYOND
(E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) MAIN LEVEL
+107' - 6"
(E) Lower Level Floor
+97' - 3"
(E) A.N.G.
+104' - 6"
(E) Lower Level Floor
Upper
+101' - 6"
(E) Main Level Upper
+110' - 0"
1 A300
Lower Level Base
+89' - 8"
(E) Roof
+130' - 3 1/2"

PROPOSED ELEVATED

OPEN AIR PLAYCOURT
1 A301
(E) Top of Court
+126' - 6"

EXISTING

CLASSROOM

EXISTING

PARKING

PROPOSED

MULTI-PURPOSE ROOM

PROPOSED

ADMINISTRATIVE

ADDITION

PROPOSED

ELEVATOR

PROPOSED

ELEVATOR
BEYOND

PROPOSED ENCLOSURE OF

EXISTING LUNCH SEATING
2 A301
3' - 9"3' - 10" 7' - 0" 9' - 6" 2' - 6"3' - 0"3' - 0"4' - 3" 7' - 7"

EXISTING

STRUCTURE

EXISTING BUILDING
30' - 0"
3' - 9"

NEW CONSTUCTION
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:05 AM
1/8" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A300

SECTIONS

06.20.19 SUPPORT SPACE IMPROVEMENTS
1/8" = 1'-0"
1 E/W SECTION THROUGH MULTI-PURPOSE ROOM
1/8" = 1'-0"
2 N/S SECTION THROUGH MULTI-PURPOSE ROOM &

ELEVATED COURT

05.12.20 WITH LANDSCAPED SCREEN 04.20.22

9.A.g
Packet Pg. 287 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 12' - 0"

PROPOSED

ADMINISTRATIVE

ADDITION

PROPOSED

DINING AREA
8' - 6"
(E) Upper Level
+119' - 6"
(E) Top of Roof
+134' - 0"
(E) Main Level
+107' - 6"
(E) Lower Level Floor
+97' - 3"
(E) A.N.G.
(E) Basement Floor +104' - 6"
Upper
+101' - 6"
(E) Main Level Upper
+110' - 0"
(E) Roof
+130' - 3 1/2"
2 A300
(E) Top of Court
+126' - 6"

PROPOSED

ELEVATED COURT

EXISTING PARKING

EXISTING

CLASSROOMS
8' - 0"

NEW CONSTUCTION
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:06 AM
1/8" = 1'-0" CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
A301

SECTIONS

06.20.19 SUPPORT SPACE IMPROVEMENTS
1/8" = 1'-0"
1 SECTION THROUGH ADMIN ADDITION
1/8" = 1'-0"
2 E/W SECTION THROUGH ELEVATED COURT

EXTERIOR PLASTER

METAL CHANNEL & SCREEN,

POWDER COATED

PLEXIGLAS PANEL

STRUCTURAL WALL
1/8" = 1'-0"
1 SECTION THROUGH ADMIN ADDITION
3" = 1'-0"

PLAY COURT OPENING DETAIL
5 05.12.20

PROPOSED ADMINISTRATIVE

ADDITION

TRELLISED WALKWAY

MOUNTED TO TOP OR

SIDE OF WALL

04.20.22 9.A.g
Packet Pg. 288 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75

LOWER LEVEL FLOOR
+97'-3"

LOWER LEVEL FLOOR
+101'-6"
PL
PARKING - 32 STALLS

STORAGE

BREAK OUT
ROOM

SPANISH

MULTI-PURPOSE RM
MATH

READING
P.E. OFFICE
PL
(ASSIGNED TANDEM PARKING

TO FACULTY/STAFF)

STORAGE

FACILITIES
OFFICE

MAIN POWER

SHUT OFF
ELEV

ROOM SERVER
ROOM
STOR
STOR

READING
ROOM

FACULTY
LOUNGE
STOR
BIKE STORAGE - 8 SPACES

DEMOLISHED
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:08 AM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
D100

LOWER LEVEL

FLOOR PLAN -
DEMO

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 LOWER LEVEL FLOOR PLAN - DEMO
N

05.12.20 04.20.22 DEMO

9.A.g
Packet Pg. 289 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 DN
DN
DN

UP UPDN
DNDN
UP
PL

HANDICAPPED PARKING HANDICAPPED PARKING PLANTER

BIKE RACK

GATE ENTRANCE

FLAGPOLE
HEDGE
HEDGE

SCIENCE CLASSROOM -
4TH GRADE

CLASSROOM -
4TH GRADE

CLASSROOM -
3RD GRADE

CLASSROOM -
2ND GRADE

CLASSROOM -

KINDERGARTEN

CLASSROOM -
6TH GRADE

CLASSROOM -
1ST GRADE

RECEPTION/

FRONT OFFICE

BOARDROOM

KITCHEN

CLASSROOM -

KINDERGARTEN

CL OF ALLEY

DEMOLISHED
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/25/19 2:21:17 PM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
D101

MAIN LEVEL PLAN
- DEMO

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 MAIN LEVEL PLAN - DEMO
N

05.12.20 04.20.22 DEMO

9.A.g
Packet Pg. 290 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 63' - 0"
133' - 5"

UPPER LEVEL
+119'-6"39' - 0" 12' - 11" 10' - 5"
PL

LIBRARY

COMPUTER LAB

OFFICE OFFICE OFFICE OFFICE

ART ROOM

READING ROOM

CLASSROOM -
5TH GRADE

CLASSROOM -
5TH GRADE OFFICE
OFFICE
OFFICE

DEMOLISHED
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:09 AM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
D102

UPPER LEVEL

PLAN - DEMO

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 UPPER LEVEL PLAN - DEMO
N

05.12.20 04.20.22 DEMO

9.A.g
Packet Pg. 291 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 PL

DEMOLISHED
SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:10 AM
As indicated CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
D103

ROOF PLAN - DEMO

06.20.19 SUPPORT SPACE IMPROVEMENTS
3/32" = 1'-0"
1 ROOF PLAN - DEMO
N

05.12.20 04.20.22

9.A.g
Packet Pg. 292 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:06 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.01

RENDERINGS

06.20.19 SUPPORT SPACE IMPROVEMENTS
AERIAL VIEW - EXISTING + NEW CONSTRUCTION

05.12.20 04.05.22

9.A.g
Packet Pg. 293 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:06 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.02

RENDERINGS

06.20.19 SUPPORT SPACE IMPROVEMENTS
VIEW FROM CENTRAL COURTYARD - EXISTING + NEW CONSTRUCTION

05.12.20 04.05.22

9.A.g
Packet Pg. 294 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:06 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.03

RENDERINGS

06.20.19 SUPPORT SPACE IMPROVEMENTS
SITE PLAN - EXISTING + NEW CONSTRUCTION

05.12.20 04.05.22

9.A.g
Packet Pg. 295 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:06 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.04

SITE PHOTOS

06.20.19 SUPPORT SPACE IMPROVEMENTS

COURTYARD VIEW LOOKING SOUTHWEST

COURTYARD VIEW LOOKING SOUTHEAST

COURTYARD VIEW LOOKING NORTHWEST
COURTYARD VIEW LOOKING NORTHWEST TOWARD SAN VICENTE 05.12.20 04.20.22

9.A.g
Packet Pg. 296 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:07 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.05

SITE PHOTOS

06.20.19 SUPPORT SPACE IMPROVEMENTS

EAST SIDE OF SITE

SOUTH SIDE OF SITE - GEORGINA PL N ACCESS TO PARKING

SOUTH SIDE OF SITE - GEORGINA PL N, ACCESS TO PARKING

05.12.20 04.20.22

9.A.g
Packet Pg. 297 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:07 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.06

SITE PHOTOS

06.20.19 SUPPORT SPACE IMPROVEMENTS

WEST SIDE OF SITE

VIEW FROM SAN VICENTE

05.12.20 04.20.22
102.67'
(Adjacent grade,
low point)
Existing floor at 107.5' to be
removed
New Floor at 105.67'
ANG 104.5' 3' - 0" 5' - 8"
Less than
40% of wall
surface is
exposed
Extents of wall
below grade
Basement Storage Diagram at Alley (South) Elevation
103.25'
(Adjacent grade,
low point) ANG 104.5'
Extents of wall
below grade
Existing floor at 107.5' to be
removed
New Floor at 105.67'
2' - 5"
Less than
40% of wall
surface is
exposed Basement Storage Diagram at East Elevation

9.A.g
Packet Pg. 298 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 SHEET
SHEET
DATE
1625 OLYMPIC BOULEVARD
SANTA MONICA, CA 90404
310.399.7975
KFALOSANGELES.COM
SCALE
9/11/19 11:26:07 AM CARLTHORP SCHOOL
438 SAN VICENTE BLVDSANTA MONICA, CA 90402
AP.07

PRECEDENT

IMAGERY

06.20.19 SUPPORT SPACE IMPROVEMENTS

05.12.20 04.20.22

9.A.g
Packet Pg. 299 Attachment: Project Plans 8-23-2022 (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 1 Vernice Hankins
From: Angie Crawford <[email protected]> Sent: Sunday, February 13, 2022 10:25 AM
To: councilmtgitems
Subject: Comment on the Appeal of 20ENT-0275, Carlthorp School Expansion

EXTERNAL
Dear Council Members:

The Carlthorp School is a menace to the neighborhood.
* It is very difficult to pull in or pull out of our parking spots if we need to be in the car during pick up or drop off time at the school. The people picking up or dropping off children constantly block driveways or the alley behind the school. The employees of Carlthorp that should be directing traffic also have no regard for our needs and constantly allow these parents, etc., to do as they please.
* The "open lunch" area, I believe, is the former parking area for the teachers. Since they took away this parking, the neighborhood is now full of cars. There is very little parking on Georgina, and I can't imagine those neighbors are pleased with this situation. At a minimum, the school should be forced to use this space for parking again.

If the school wants more space, the powers that be should look for a new location that will meet their needs, not continually encroach on the neighbors. I think all of us in the neighborhood would be pleased if this location were permanently closed, or at a minimum, only used for office space. The children should be moved to a location that can support the logistics of student, parent and teacher needs.

Thank you for your time.

Angie Crawford
416 San Vicente Blvd.

Angie Crawford
310-433-4479
purpleskullproductions.com
California insurance license 4124418
Wow! Wouldn’t it be neat to listen to Angie’s commercial voiceover demo? Click here ‐ Angie Crawford Commercial Voiceover Demo
And Mr. Mouse would love for you to check out his band, MouseTrap! Item 6.A
02/22/22
1 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 300 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 Click here ‐ "We Are MouseTrap"
Item 6.A
02/22/22
2 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 301 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Elizabeth Lerer <[email protected]>
Sent: Monday, February 21, 2022 9:52 PM
To: councilmtgitems; Sue Himmelrich; Christine Parra; Phil Brock; Oscar de la Torre; Kristin McCowan; Lana Negrete; Gleam Davis
Subject: Item 6-A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd

EXTERNAL
Dear Mayor and Councilmembers.

Please help the residents protect the environment of our community, as well as the peace and quiet of our personal home space.

I'm troubled to learn at this late hour before the hearing that the Community Development/Planning Department is exempting Carlthorp School expansion from CEQA requirements.

If I had known this earlier, I could have prepared better. I could have researched and contacted some people who know a lot about this and who could have helped and educated me and to prepare for the hearing and in my making comments.

The expansion plans of Carlthorp School will move beyond their property line, and by way of sound and lights, invade the peace and quiet of our homes. Carlthorp is fortifying the windows of their own classrooms. Neighbors in the older Historic District apartment buildings, do not have this option.

Please uphold the appeal.

Thank you,
Elizabeth Lerer
Resident on San Vicente
Item 6.A
02/22/22
3 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 302 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 Vernice Hankins
From: Douglas Brian Martin <[email protected]> Sent: Monday, February 21, 2022 9:36 PM
To: councilmtgitems
Cc: Sue Himmelrich; Christine Parra; Phil Brock; Oscar de la Torre; Kristin McCowan; Lana Negrete; Gleam Davis
Subject: Item 6-A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd

EXTERNAL
Honorable City Council Members, Citizens of Santa Monica, NBC, ABC, CBS, SMDP, CNN, LAT, NYT, Before you is the issue of whether to allow a private entity run for profit – Carlthorp School – the ability to lower the standard of living for citizens of Santa Monica and negatively impact an Historic District by engaging in a scheme to enlarge the school in a comically tragic manner while gaining concessions from the city that will negatively impact residents. This scheme also includes a request for Carlthorp School TO TAKE OVER PUBLIC STREETS AND CONTROL TRAFFIC. This is nonsense and must be stopped.

Carlthorp School, represented in this issue by wealthy insiders with close connections to Santa Monica government, has presented various departments of Santa Monica government with shoddy presentations including inaccurate plans, incomplete audio reports, an attempt to rewrite the dictionary while defying common sense, and most troubling of all, ‘testimonials’ by children to get passage of an expansion scheme.

Carlthorp School has no defense for the flaws in the plans submitted in this scheme and instead has cruelly trundled out schoolchildren giving testimonials as a diversion to stop critical discussion. Carlthorp School and its wealthy insiders should be ashamed of themselves. Perhaps profits to be realized balance out the shame. To them.

To be clear, I am not anti‐school. I have no gripe with Carlthorp School as it stands at this time. I do have an issue with plans that are deceptive, including the construction of a large classroom identified as a multi‐purpose room so skirt regulations for providing parking for the School’s expanding staff.

Carlthorp School is willing to spend millions of dollars for this flawed deceptive expansion scheme yet doesn’t want to spend a nickel on providing parking for staff that currently clogs our streets during school hours. Parking for school staff that is required by law that Carlthorp School was granted a variance for on the condition it would not increase staff.

Carlthorp School has increased staff in spite of agreeing not to. Carlthorp School, by its own actions, has proven IT WILL NOT ABIDE BY AGREEMENTS WITH THE CITY.

Failure to abide by these agreements alone should halt this flawed expansion plan. Yet the city has agreed to allow Carlthorp School to continue with the scheme WITH AN EXEMPTION TO CEQA REQUIREMENTS. THIS SMELLS LIKE FISHERMAN’S WHARF AT MIDNIGHT.

It appears the city and its planning departments are acting in the interest of a private school over the interest of the citizens of Santa Monica. This is wrong ethically, morally, and probably legally.

City planning employees have turned a blind eye to Carlthorp School failing to operate in accordance with agreements regarding parking and staff. This not only gives the impression of incompetence – as if planning departments don’t have the skill or ability to critically review plans – as well as possible corruption in allowing this project to move forward. The Item 6.A
02/22/22
4 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 303 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 3 egregious lack of attention to the large classroom in the scheme not defined as a classroom would raise a red flag – EXCEPT IN SANTA MONICA WHEN WELL CONNECTED INSIDERS ARE INVOLVED.

This expansion scheme should be seen by what it is – a clumsy attempt to move aside community standards FOR PROFIT at the expense of the citizens of Santa Monica as well as an Historic District. The scheme includes, among other miserable features, high‐powered ultra bright security lighting that will result in a prison like atmosphere in the midst of a quiet, dimly lit residential neighborhood. This is unacceptable for anybody in the neighborhood and an insult to residents by government employees of the city paid to protect the interests of the citizens of Santa Monica, not private entities.

OVER 70 HOUSEHOLDS SIGNED PETITIONS requesting the nonsensical scheme submitted by Carlthorp School be revised to conform to community standards. The City planning departs and commissions IGNORED THE WILL OF THE PEOPLE and approved the plans WITH NO REVISION.

Carlthorp School has in the recent past made agreements to limit staff size and student body size. Carlthorp has not lived up to that agreement, almost doubling its staff and increasing student body.

I am disappointed by the presented flawed deceptive expansion scheme to destroy the peace and quiet of my neighborhood for a requested five years. One day of this scheme being put into motion is one day too much. I am very disappointed by the planning departments and commissions that approved this monstrosity of a scheme.

CITY COUNCIL MEMBERS ‐ please stop this project once and for all until it has been revised to meet community standards. The public is paying attention to this issue. This is news. Do the right thing, morally, ethically, and legally and stop this nonsense.

Thank you
Douglas Brian Martin, San Vicente Blvd, Santa Monica.

Item 6.A
02/22/22
5 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 304 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 4 Vernice Hankins
From: Keira Wheeler <[email protected]>
Sent: Monday, February 21, 2022 9:20 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Cc: David Martin; Regina Szilak
Subject: Student Support for the Carlthorp Master Plan

EXTERNAL
Dear Santa Monica City Council Members,
My name is Keira Wheeler, and I am a 4th grader at Carlthorp School. I have been at Carlthorp for almost two years now.

I love the school, have made many wonderful friends, and have learned and accomplished a lot during this short period of time. I have been elected Student Council representative for my class multiple times, and I am excited to represent my school and my classmates. The school, including the students and teachers, is filled with kind and courteous people who always think of others and their community.

I was born in Santa Monica and have lived here since then. My family, including my mother and grandparents, have been living in Santa Monica for over 45 years. I think Santa Monica is a great place to live! We are so close to the beach where I like to bike and play volleyball, we have nice parks where I play tennis, and there are lots of pretty hiking trails nearby.

During my years at Carlthorp, I have had many special experiences that will help me throughout my lifetime. I am proud to be a Girl Scout with many of my classmates. As a Girl Scout, my troop and I do fun activities to help the community around us. This year, we are selling Girl Scout cookies. We plan to donate all our proceeds to the Upward Bound House charity in Santa Monica, supporting numerous families and individuals who do not have homes.

Although my years at Carlthorp have been wonderful, I think the school would be even better under the proposed plans to remodel the school. As a member of the school volleyball and basketball teams, I would be very excited to have a new rooftop court for practices and games. A larger play space would help me and my classmates stay healthy and active throughout the day.

I have been playing piano for over five years, performing in many recitals, festivals and examinations. I also love to sing and act in musical theater. I have been in plays including Hamilton, Grease, Frozen, Little Mermaid, and Beauty and the Beast. A new multipurpose room would give me and my friends more space to perform and explore our creative interests.

These changes would make Carlthorp School an even better place. I feel so grateful to be part of Carlthorp School and the Santa Monica community. Thank you so much for your time.

Sincerely,
Keira Wheeler
4th Grader, Carlthorp School
Item 6.A
02/22/22
6 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 305 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Christian Granzow <[email protected]>
Sent: Monday, February 14, 2022 8:57 AM
To: councilmtgitems
Cc: Regina Szilak
Subject: Appeal 20ENT-0275 of Planning Commission - Carlthorp School - 2/22/22 Attachments: Carlthorp.SMPlanningDiv.Letter.Appeal.2-11-22.pdf; Carlthorp.SMPlanningDiv.Letter.5-18-20.pdf; Carlthorp.SMPlanningDiv.PastLetters.5-18-20.pdf

EXTERNAL
Dear Planning Commission,
I have attached our latest letter voicing our opposition to the Santa Monica Planning Commission’s Appeal review of Carlthorp School 438 San Vicente Blvd., Conditional Use Permit and Minor Modification 19ENT‐0250, 20ENT‐0066 hearing scheduled remotely for February 22, 2022
Please find the following attachments for submission:

1. Our Letter & Comment to the Planning Commission regarding Carlthrop’s Appel request 2‐11‐22

2. Our Letter & Comment to the Planning Commission regarding Carlthorp's initial request/s 5‐18‐20.

3. Previous letters and documentation to be included with our letter, noted, and reviewed for the record.

Thank you!
Sincerely,
Christian Granzow
407 Georgina Avenue
Santa Monica, CA 90402
P (310) 451‐2131
E [email protected]
Item 6.A
02/22/22
7 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 306 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Richard Michaelsen <[email protected]>
Sent: Wednesday, February 16, 2022 11:39 AM
To: councilmtgitems
Subject: Appeal 20ENT-0275 Calthorp School Expansion

EXTERNAL
Greetings
We have lived across the street from the subject property for over a decade and oppose any expansion of the Calthorp School.

The noise of screaming children and staff using amplification devices to direct student activities in the current, ground‐ level, outdoor play areas, is very loud and disturbing.

Creating a rooftop area will add substantially to the transmission of sound throughout the surrounding neighborhood. This kind of expansion is not permitted in R2 Residential areas for a reason.

In addition, any expansion that allows more students to attend will create an even more difficult traffic jam situation than already occurs daily when students are dropped off and picked up, as their parents and nannies line up in their cars for long periods of time along the roadside on the neighboring streets.

Please do not allow this to happen.

Thank you,
Michaelsen Household
Item 6.A
02/22/22
8 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 307 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Douglas Brian Martin <[email protected]> Sent: Friday, February 18, 2022 3:06 PM
To: councilmtgitems
Subject: TUESDAY 22 FEBRUARY 2022 - ITEM 6A - Carlthorp Expansion Attachments: Carlthorp 70+ opposition forms 2.18.2022.zip

EXTERNAL
City Council Members,
There is much opposition to Carlthorp Expansion plans an green lighting of said plans by City Panning departments in spite of submission by Carlthorp of shoddy plans, incomplete audio report, attempt to redefine what a classroom is, Carlthorp history of failing to adhere to previous operational agreements with city such as parking and staff size.

This is a rip off for residents and will reflect badly on any council members who approve plans.

Greenlighting this expansion plan is an example of the City allowing a well connected insider entity to run roughshod over community standards.

Community standards were created to protect citizens and residents from greed and avarice ‐ Carlthorp, if history is any guide, will not only ignore standards but will greatly impact and lower the standard of living for residents. All with the approval of the city council.

The City Council decision on this issue will be part of a public record and will be reported to news services ‐ virtual as well as traditional. The city council will have to answer how approval can be made in spite of above mentioned issues.

Please find attached folder containing over 70 neighborhood household signatures opposed to proposed Carlthorp Expansion Plans ignored by the Planning Commission and Planning department when they approved this very flawed expansion scheme.

I urge council members to review these opposition documents as well as shoddy nonsense plans and stop this expansion plan until it can be revised into a form acceptable to residents, community standards, and common sense.

Douglas Brian Martin
437C San Vicente Blvd
Santa Monica, Calif 90402
Item 6.A
02/22/22
9 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 308 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Danielle Charney <[email protected]>
Sent: Saturday, February 19, 2022 5:45 PM
To: councilmtgitems; Clerk Mailbox; David White
Subject: Item 6-A.. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd

EXTERNAL
Item # 6A Appeal of Planning Commission Approval of
Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd
We are requesting that the City Council uphold the appeal of the Planning Commission’s approval of Conditional Use Permit 19 ENT‐0250.

Carlthorp School wants to increase its campus by almost 15,000 SQUARE FEET. Their plan includes a 65’ x 75’ UNDERGROUND BUNKER and a 125 foot long X 30 foot tall ELEVATED
PLAYGROUND that will reverberate playground & ball game noises into homes on San Vicente Blvd. and Georgina Ave.

This 15,000sf expansion has been termed ‘minor’ by City Hall! The underground bunker, identified as a multi‐purpose room, has been classified as ‘not a classroom’ ‐ used by students receiving instructions from teachers yet "not a classroom" How tricky.how slick.. If defined as a classroom expansion plans would have to provide additional parking. Which they do not.

Labeling a classroom as not a classroom is consistent with the dishonesty of presentation in the expansion plans. City Hall has chosen to go along with this fraudulent scheme. Again. AT THE Item 6.A
02/22/22
10 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 309 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 NEIGHBOORHOOD’S EXPENSE. The same City Hall that through poor similar nonsense decisions have destroyed the peace and quiet of the rest of Santa Monica. The same City Hall that is approving EVEN MORE construction to clog our streets. This is greed and stupidity and corruption with the citizens as the losers ‐ an attempt to skirt regulations designed to protect the quality of our lives. We stopped this before, now we must do it again.

After withdrawing plans due to community outrage, Carlthorp has re‐submitted UNCHANGED PLANS with a letter from a paid ‘sound’ consultant stating they ‘believe’ the 8 foot tall wall will block sounds from an over 10 foot tall basketball backboard.

Common sense tell us these claims are nonsense. City Hall ignores common sense. This attempt to ignore our community standards and ram through plans unchanged through a lame duck City Council is corrupt and hateful.

This is wrong ‐will ruin this area for the residents and needs to be revisited.

I oppose the current expansion plan for the Carlthorp School as it is currently configured and request further review and revision of the plan prior to approval. Re‐submission of the plans unchanged since May 2020, despite community
opposition, is unprofessional, sneaky and wrong.

The Plan as drawn will have a negative effect on quality of life in a residential neighborhood. We request revision to plan to address issues including abatement of noise from the 125 foot long ‐ elevated playground, lack of adequate on site parking for school staff, and a realistic definition of what is now labeled as a multi purpose room for what it is ‐ a classroom.

Please vote to uphold this appeal.

Item 6.A
02/22/22
11 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 310 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 3 Thank you,
Danielle Charney
Resident Since 1982
Item 6.A
02/22/22
12 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 311 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Miller Levin <[email protected]>
Sent: Sunday, February 20, 2022 10:11 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Cc: David Martin; Regina Szilak
Subject: Student support for Carlthorp School plan

EXTERNAL
Dear Mayor Himmelrich and City Councilmembers,
My name is Miller Levin and I am a sixth grader at Carlthorp School. I am writing in support of the additions proposed in the school’s Master Plan.

Carlthorp is an amazing place to develop as a person, athlete and friend. I have been very fortunate to spend my elementary years at Carlthorp, and this school has been essential to my success in life so far. The Carlthorp community is tight-knit, where teachers, students, and staff all care about each other and lead each other to success. As a sixth grader, one of the best ways I can give back to Carlthorp is by representing the school and helping to explain why these proposals are critical to its future.

I have participated in several Carlthorp plays and musicals over the years, including Matilda by Roald Dahl, The Lion King, and Willy Wonka Jr. My classmates and I have also performed at least once each year in front of our families for key events, such as the school’s traditional Heritage Night. These were staged in our multipurpose room, where we sometimes have physical education when it rains, and which we also use for a music classroom. It is a basement with low ceilings, and the acoustics, seating and lighting are incredibly poor.

Carlthorp really needs an auditorium, and the school’s proposal would solve this problem.

I am also an athlete, and I have played on Carlthorp’s basketball and flag football teams since fourth grade. Carlthorp has a relatively small campus, and there isn’t much space to play or practice outdoors. Being able to move our bodies and be more physically active throughout the day helps children achieve more athletic and academic success. Our outdoor playspace is crowded, and having extra room to get exercise and move around would improve the quality of our days at school.

Our lunch tables are all outdoors, which means that when it rains or gets too hot at school, we have to eat inside our classrooms at our desks. This can feel claustrophobic and is always a hassle, both for children and teachers.

These proposals are an important next step for Carlthorp, and they are the result of lots of careful planning. I would like to ask you to follow the staff recommendation and allow our plan to move ahead, so Carlthorp’s students can benefit from a healthier, more appropriate educational environment.

Thank you for your time.

Sincerely,
Miller Levin
Item 6.A
02/22/22
13 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 312 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Archer Aguilar <[email protected]>
Sent: Monday, February 21, 2022 1:50 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Cc: David Martin; Regina Szilak
Subject: Support for Item 6-A

EXTERNAL
Dear City Council,
My name is Archer Aguilar. I am a student of Carlthorp School in fifth grade, and a member of the Student Council. I love the Carlthorp campus and what it provides, and I loved the days of playing with my now 8th grade brother on the field. However, I always felt as if there was something missing from the experience of Carlthorp's playground. And that is why we are here today, asking you to approve our school’s new Master Plan.

The new Master Plan adds a whole new level of fun for the upcoming generation of students including an auditorium connected to the Multipurpose Room, a new admissions wing above the blue lunch tables, and an additional playspace atop the 2nd floor through the Science Lab wing of the school.

This additional space for students to use their energy would bring joy to students who might feel cramped on the current campus playground. Even though these renovations would not be completed during my time at Carlthorp, I want to further sweeten the experience for the next wave of Carlthorp students.

Please support our school's and students' decision to renovate the campus by voting yes to our new Master Plan.

Thank you!

Archer Aguilar
Class of 2023
Item 6.A
02/22/22
14 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 313 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Susan Yun Lee <[email protected]>
Sent: Monday, February 21, 2022 3:21 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Cc: David Martin; Regina Szilak
Subject: Student support for the Carlthorp Plan

EXTERNAL
Hello, please see below an email from my son, Jason Lee, a current 4th grade student at Carlthorp School in support for the Carlthorp plan.

Best,
Susan Lee
My name is Jason Lee. I am 10 years old and in fourth grade. I love Carlthorp School because of the teachers, classes, and fun time with my friends. My favorite subjects in school are math, reading, and current news events. I also love playing sports for Carlthorp. I play football, basketball, and soccer.

The teachers at Carlthorp are so kind, encouraging, and helpful. They make it worthwhile to spend my time at Carlthorp. My current teachers are Mr. Burwick and Ms.

Schwarts. They are both amazing teachers, and they help me so much.

Carlthorp is an amazing school. The school is special because of the Code of Conduct, which emphasizes kindness, good citizenship, and community service. Our students are growing to be the next leaders in the community.

Sadly, sometimes there are issues because of the limited amount of space we have in the campus. I love playing sports, but the playground that we can play in is sometimes too small for some of these games. I was playing four square the other day, and I bumped into my friend because there wasn’t enough space! It would be most helpful for you to allow us to improve our playground area.

Another reason why allowing Carlthorp to improve their campus is because the multipurpose room is too small for the whole school. I know this because when I performed for the Talent Show in the MPR, the room was so crowded that I couldn't see my parents cheering me on. They were actually in the outside hallway. I got really nervous and didn’t want to perform. My little sister is in the talent show this year. I hope there is enough room for my parents to see her act.

It would also be so helpful if our lunch area was covered so that we could use it even if the weather is not great. Right now, we are eating lunch in the parking lot. Carlthorp has done a good job of trying to make it a good space, but it’s still a parking lot.

Compared to other similar schools, our campus is dramatically smaller. It would be very helpful to the students of Carlthorp for you to let us improve our campus so we Item 6.A
02/22/22
15 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 314 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 can make better use of the space that we have. The impact to the students, larger community, and the future would be huge. So please, please, let us improve our campus to benefit the students and the community!
Sincerely,
Jason Lee
Item 6.A
02/22/22
16 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 315 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins
From: Audrey Lohara <[email protected]>
Sent: Monday, February 21, 2022 8:55 PM
To: councilmtgitems; Phil Brock; Sue Himmelrich; Kristin McCowan; Oscar de la Torre; Christine Parra; Lana Negrete; Gleam Davis
Cc: David Martin; Regina Szilak
Subject: Student Support for the Carlthorp plan (Item 6-A)

EXTERNAL
Dear Mayor Himmelrich and Distinguished Members of the City Council, My name is Audrey Lohara, and I am a sixth grade student at Carlthorp. I have been a Carlthorp student since 2015 and the school has been integral to my growth and development scholastically, socially, and as a person. I have been so grateful for the opportunity to attend Carlthorp School and hope to share with you what I feel makes Carlthorp such a special place and what it has meant to me.

It has been a privilege to be a part of a warm and intimate school community that provides the best academics, the best teachers, and the best activities to create a well-rounded experience. I started Kindergarten as a shy and curious child and Carlthorp has helped me to find and use my voice confidently. Over the years, I have participated in student council, I was one of the leads in the school’s 'Alice in Wonderland' production, I have played on the girls' volleyball and basketball teams, I have been on the debate team and I am the editor in chief of the literary magazine. Thanks to Carlthorp, I have gained important skills in leadership, a strong work ethic, and responsibility that will help me for the rest of my life. Without a doubt, I can confidently say that Carlthorp has prepared me with the best foundation for future success.

I feel that the proposed enhancements to the campus would update and improve the school for years to come, especially a genuine multipurpose room and a brand new, expanded playing field. Having another multipurpose room at Carlthorp would allow the school to host more theatrical and musical performances and give more space to families and guests who could attend in comfort. Also, a multipurpose room would benefit student assemblies, gatherings, and other significant school capacities. Numerous other public and private schools in Santa Monica have multipurpose rooms or halls, so I think that Carlthorp should have one as well.

Another play space at Carlthorp would greatly help the students and school community. A bigger play space would assist students with pursuing their athletic interests and create plenty of room for multiple sports to be played at once. I know from individual experience how challenging it is when students on the yard want to partake in various sports like volleyball, basketball, and football, yet there simply isn't enough room to accommodate everyone. A bigger playspace would permit all students to participate in their preferred game or movement. Having adequate outdoor space would also help to prevent mishaps and accidents with less crowding. The new play space would also encourage students to get more exercise, take needed breaks outside, and promote lifelong fitness.

As I am getting ready to graduate, I am thankful for all that Carlthorp has provided me - a strong educational foundation and some of my happiest elementary school memories. What I want most is to see the school’s continued success for future years. The proposed improvements to Carlthorp School will enhance a greater feeling of community spirit, provide a more secure climate for all, and permit students to pursue their interests and thrive.

Thank you for your time and consideration.

Respectfully,
Audrey Lohara
`
Item 6.A
02/22/22
17 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 316 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
18 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 317 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
19 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 318 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
20 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 319 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
21 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 320 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
22 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 321 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
23 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 322 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
24 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 323 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
25 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 324 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
26 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 325 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
27 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 326 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A
02/22/22
28 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 327 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins))

(310) 451-3669
February 19, 2022

VIA E-MAIL
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, California 90401
Re: Elementary School Campus Facility Improvements
Owner/Applicant: Carlthorp School (our client)
Approved Applications: CUP 19ENT-0250 & Minor Mod. 20ENT-0066 Address: 424-438 San Vicente Boulevard
Appeal No. 20ENT-0275
Appellant: Steven Salsberg
Our File No. 22270.003
Dear Councilmembers:

This letter is submitted on behalf of Carlthorp School, a non-profit charitable educational organization.

I am writing in support of the Staff recommendation that the City Council deny Appeal 20ENT-0275 and adopt the Statement of Official Action (with all of its 81 conditions of approval).

Carlthorp is a longtime K-6 elementary school in Santa Monica. On November 4, 2020, the Planning Commission--on 7-0 and 6-1 votes--approved a Minor Modification (for miniscule added parcel coverage) and CUP Amendment to authorize certain campus facility improvements on the existing school campus. The approval allows:
 innovative expansion of student outdoor play area without expanding the land area (by adding a roof deck at the rear along the alley),  enclosing an outdoor lunch area (which will reduce lunchtime noise),  establishment of a subterranean multi-purpose room in the basement (underground acoustics will avoid any noise in the neighborhood) specifically [email protected]
Agenda Item 6-A
Item 6.A
02/22/22
29 of 269 Item 6.A
02/22/22

9.A.h
Packet Pg. 328 Attachment: Written Comments (5154 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council
February 19, 2022

Page 2 ends

Santa Monica City CouncilAugust 23, 2022

Santa Monica City Council
August 23, 2022